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Home My WebLink About2007.10.16_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular Agenda DATE: October 16, 2007 File TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall 5:00 p.m. on Friday, October 12, 2007. A liann M. Stevens, Deputy City Clerk AGENDA 1. Call to Order Mayor Stephen Cataudella 2. Invocation Mr. Frank Adams, Believers Covenant Church 3. Flag Salute 4. Roll Call 5. Presentation to the City of Owasso by the Owasso Senior Citizens Foundation. Ms. Carol Malone Mr. Paul Shireman Ms. Jan Worley The Owasso Senior Citizens Foundation has requested an opportunity to make a presentation to the Owasso City Council. S AAgendas \Coun&1\ZOOT1016. doe Owasso City Council October 16, 2007 Page 2 6. Presentation of Employee of the Month Mr. Ray Mr. Ray will present the Employee of the Month for October 2007. 7. Consideration and appropriate action relating to a request for Council approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable. A. Approval of Minutes of the October 2, 2007 Regular Meeting, the October 4, 2007 Special Meeting, and the October 9, 2007 Special Meeting. Attachment # 7 -A B. Approval of Claims. Attachment # 7 -B C. Acknowledgement of receiving the monthly FY 2007 -2008 budget status report. Attachment # 7 -C D. Acceptance of the 2007 Small Cities Community Development Block Grant (CDBG) as provided by the Oklahoma Department of Commerce in the amount of $58,696 for the purpose of constructing a handicap accessible restroom facility at Rayola Park; and, authorization for the Mayor to execute the grant acceptance letter and all necessary grant documents. Attachment # 7 -D E. Approval of an agreement between the City of Owasso and INCOG for administrative services relating to the 2007 Small Cities Community Development Block Grant; and, authorization for the Mayor to execute the agreement. Attachment # 7 -D 8. Consideration and appropriate action relating to a request for Council confirmation of the Mayor's appointments to various Boards and Commissions. Mayor Cataudella Attachment #8 The Mayor will recommend Council confirmation of appointments to the following committees: Kevin Cavanaugh, City of Owasso Audit Committee Tim Doyle, Metropolitan Environmental Trust Authority Rodney Ray, Regional Metropolitan Utility Authority Owasso City Council October 16, 2007 Page 3 9. Consideration and appropriate action relating to a request for Council approval of a final plat for Prairie Village, proposing one multi - family lot on approximately 2.83 acres, located at the northwest corner of E. 116' Street North and N. 129th East Avenue. Mr. Wiles Attachment #9 Staff will recommend Council approval of the Prairie Village Final Plat. 10. Consideration and appropriate action relating to a request for Council award of a bid for the purchase of an ambulance. Mr. Clark Attachment # 10 Staff will recommend Council award a bid to Midwest Vehicle Professionals, Incorporated of York, Nebraska in the amount of $110,000 for the purchase of a Type III Medtec PD -168 Ambulance to include a 2004 Ford E450 Chassis. 11. Consideration and appropriate action relating to a request for Council approval of an Agreement between the City of Owasso and the Owasso Public Schools for services related to canine search. Mr. Yancey Attachment # 11 Staff will recommend Council approval of an agreement between the City of Owasso and the Owasso Public Schools for the purpose of providing canine drug search services throughout the remainder of the 2007 -2008 school year. 12. Consideration and appropriate action relating to a request for Council approval of a Lease Agreement between the City of Owasso and Verizon Wireless and authorization for the Mayor to execute such agreement. Mr. Rooney Attachment # 12 Staff will recommend Council approval of a lease agreement between the City of Owasso and Verizon Wireless for approximately 1,500 square feet of property located within the Owasso Sports Park for the purpose of constructing a cellular telephone tower, and authorization for the Mayor to execute the agreement. Owasso City Council October 16, 2007 Page 4 13. Report from City Manager. 14. Report from City Attorney. 15. Report from City Councilors. 16. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 17. Adjournment. OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, October 2, 2007 The Owasso City Council met in regular session on Tuesday, October 2, 2007 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Friday, September 28, 2007. ITEM 1. CALL TO ORDER Mayor Cataudella called the meeting to order at 6:31 p.m. ITEM 2. INVOCATION The invocation was offered by Mr. Mike Frantz, Discovery Bible Church. ITEM 3. FLAG SALUTE Mayor Cataudella led the flag salute. ITEM 4. ROLL CALL PRESENT Steve Cataudella, Mayor Susan Kimball, Councilor ABSENT D.J. Gall, Vice Mayor Doug Bonebrake, Councilor Jon Sinex, Councilor A quorum was not present, therefore no business was conducted. OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Thursday, October 4, 2007 The Owasso City Council met in special session on Thursday, October 4, 2007 in the meeting room of the Owasso Community Center, located at 301 S. Cedar per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 7:00 p.m. on Tuesday, October 2, 2007. ITEM 1. CALL TO ORDER Mayor Cataudella called the meeting to order at 7:02 p.m. ITEM 2. INVOCATION The invocation was offered by Rickey Hayes, Economic Development Director. ITEM 3. FLAG SALUTE Councilor Susan Kimball led the flag salute. ITEM 4. ROLL CALL PRESENT Steve Cataudella, Mayor Susan Kimball, Councilor Jon Sinex, Councilor A quorum was declared present. STAFF Rodney J. Ray, City Manager Julie Lombardi, City Attorney ABSENT DJ Gall, Vice Mayor Doug Bonebrake, Councilor ITEM 5. PRESENTATION OF THE EMPLOYEE OF THE MONTH The employee of the month for October 2007 was unable to attend the Council meeting; therefore this item will be placed on the October 16, 2007 agenda. Owasso City Council October 4, 2007 ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the September 18, 2007 Regular Meeting. B. Approval of Claims. C. Acknowledgement of receiving Agreements for Urban Engineering Service from DeShazo, Tang & Associates; HRAOK, Incorporated; Koury Engineering, Incorporated; and, authorization for the Mayor to execute each agreement. D. Acceptance of the sanitary sewer system for Lake Valley II, a residential development located northeast of the intersection of E. 106th Street North and N. 145th East Avenue. E. Acceptance of the water system for Candlewood Suites, a commercial development located northeast of the intersection of E. 96th Street North and N. Garnett Road, just north of Tulsa Teacher's Credit Union. F. Acceptance of the water system improvements for Garino Funeral Home, a commercial development located on the northeast corner of E. 99th Street North and the North Owasso Expressway. G. Acceptance of the water system improvements for 76th Street Professional Plaza, a commercial development located at 12899 E. 76th Street North. H. Acceptance of the storm drainage, streets, water, and sanitary sewer systems for the Lakes at Bailey Ranch, a residential development located southwest of the intersection of N. 96th Street North and N. 97th East Avenue. I. Adoption of Ordinance No. 905, an ordinance approving rezoning request OZ 07 -06, containing Lot 1, Block 1, Sherrill Estates from RS -3 (Residential) to OL (Office Light), subject property located at 102 West 11th Street North. J. Adoption of Ordinance No. 904, an ordinance approving annexation request OA 07 -05, of approximately 76.37 acres, located south of East 86th Street North, approximately 1/4 mile west of N. Memorial Road; and, approving the rezoning of said property, such that the portion of the subject property adjacent to the large residential lots to the northwest, containing 9.54 acres, be rezoned from AG (Agricultural) to RS -2 (Single - Family Residential) and the remainder of the subject property, containing 66.84 acres, be rezoned from AG (Agricultural) to RS -3 (Single - Family Residential). K. Approval of a public fireworks display sponsored by Rejoice Christian High School during the Friday, October 12, 2007 football game to be held at Ator Field, located northwest of the intersection of E. 86th Street North and N. Main Street. 2 Owasso City Council October 4, 2007 Ms. Kimball moved, seconded by Mr. Sinex, to approve the Consent Agenda with claims totaling $486,138.85, Healthcare self - insurance claims totaling $56,332.36 and payroll claims totaling $397,665.04. YEA: Cataudella, Kimball, Sinex NAY: None Motion carried 3 -0. ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ACCEPTANCE OF A GRANT AND INCENTIVE AWARD FROM THE OKLAHOMA HIGHWAY SAFETY OFFICE, AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE OKLAHOMA HIGHWAY SAFETY OFFICE, AND APPROVAL OF A BUDGET AMENDMENT TO THE FY 2007 -2008 GENERAL FUND. Mr. Yancey presented the item. Mr. Sinex moved, seconded by Ms. Kimball to accept the grant and incentive award, authorize the City Manager to execute the contract documents, and approve a budget amendment to the FY 2007 -2008 General Fund increasing estimated revenues and the appropriation for expenditures in the amount of $95,000. YEA: Cataudella, Kimball, Sinex NAY: None Motion carried 3 -0. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL AUTHORIZATION FOR THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF OWASSO AND OKLAHOMA NATURAL GAS COMPANY FOR THE PURPOSE OF RELOCATING GAS FACILITIES WITHIN THE N. 129TH EAST AVENUE ROADWAY AND DRAINAGE IMPROVEMENT PROJECT AND AUTHORIZATION FOR THE CITY MANAGER TO TERMINATE SUCH AGREEMENT IN THE EVENT TOTAL COSTS SHOULD EXCEED $33,164.00. Mr. Nurre presented the item. Mr. Sinex moved, seconded by Ms. Kimball to authorize the Mayor to execute the agreement and authorize the City Manager to terminate such agreement in the event the total costs exceed the estimated amount. YEA: Cataudella, Kimball, Sinex NAY: None Motion carried 3 -0. 3 Owasso City Council ITEM 9. REPORT FROM CITY MANAGER. None ITEM 10. REPORT FROM CITY ATTORNEY None ITEM 11. REPORT FROM CITY COUNCILORS None ITEM 12. NEW BUSINESS None ITEM 13. ADJOURNMENT Ms. Kimball moved, seconded by Mr. Sinex, to adjourn. YEA: Colgan, Guevara, Kimball, Thoendel NAY: None Motion carried 3 -0 and the meeting was adjourned at 7:09 p.m. Juliann Stevens, Minute Clerk n October 4, 2007 Stephen Cataudella, Mayor OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, October 9, 2007 The Owasso City Council met in a special meeting on Tuesday, October 9, 2007 in the Council Chambers at Old Central, 109 N. Birch Street, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 PM on Friday, October 5, 2007. ITEM 1: CALL TO ORDER. Mayor Cataudella called the meeting to order at 6:04 PM. PRESENT ABSENT Steve Cataudella, Mayor DJ Gall, Vice Mayor Susan Kimball, Councilor Jon Sinex, Councilor Doug Bonebrake, Councilor (arrived at 6:07pm) A quorum was declared present. ITEM 2: DISCUSSION RELATING TO COMMUNITY DEVELOPMENT DEPARTMENT ITEMS A. REQUEST FOR FINAL PLAT (1) Ms. Bishop reviewed the above item (Final Plat for Prairie Village) and acknowledged staff's intent to place the item on the October 16, 2007 City Council agenda for action. ITEM 3: DISCUSSION RELATING TO FIRE DEPARTMENT ITEMS A. PROPOSED AMBULANCE PURCHASE Ms. Bishop presented the item and acknowledged staff's intent to place the item on the October 16, 2007 City Council agenda for action. ITEM 4: DISCUSSION RELATING POLICE DEPARTMENT ITEMS. A. PROPOSED AGREEMENT BETWEEN THE CITY OF OWASSO AND THE OWASSO PUBLIC SCHOOLS FOR POLICE CANINE SERVICES Ms. Bishop presented the item and acknowledged staff's intent to place the item on the October 16, 2007 City Council agenda for action. Owasso City Council October 9, 2007 ITEM 5: DISCUSSION RELATING TO CITY MANAGER ITEMS A. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS B. REVIEW OF BIDS RECEIVED FOR THE RENEWAL OF PROPERTY INSURANCE AND WORKER'S COMPENSATION C. PROPSED AGREEMENT BETWEEN THE CITY OF OWASSO AND VERIZON WIRELESS RELATING TO THE INSTALLATION OF A CELLULAR TELEPHONE TOWER D. CITY MANAGER REPORT The above items were reviewed by Mr. Ray and Council discussion was held. Mr. Ray acknowledged. the staff's intent to place items A and C on the October 16, 2007 agenda for action. Topics of discussion in Item D included a status report on the Main Street Redevelopment Project, the anticipated FY 2006 -2007 Carryover Budget; and, a review of the Sales Tax Report for September 2007. ITEM 6: LEGISLATIVE UPDATE None ITEM 7: REPORT FROM CITY COUNCILORS None. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REOUEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PERSONNEL MATTERS RELATING TO THE OFFICE OF THE CITY MANAGER, SUCH EXECUTIVE SESSION PROVIDED FOR IN O.S. 25, SECTION 307(B)(1). Councilor Kimball moved, seconded by Mayor Cataudella, to enter into executive session. All were in favor and the Council entered into executive session at 7:12PM. YEA: Kimball, Cataudella, Sinex, Bonebrake NAY: None Motion carried 4 -0. The Council returned from executive session at 8:20 PM. 2 Owasso City Council ITEM 9: ADJOURNMENT October 9, 2007 Councilor Bonebrake moved, seconded by Councilor Sinex, to adjourn. All were in favor and the meeting was adjourned at 8:24 PM. YEA: Kimball, Cataudella, Sinex, Bonebrake NAY: None Motion carried 4 -0. Stephen Cataudella, Mayor 3 CITY OF OWASSO CLAIMS TO BE PAID 10/16/07 VENDOR AEP /PSO AEP /PSO TREASURER PETTY CASH TREASURER PETTY CASH TREASURER PETTY CASH FRANK W AMBRUS TREASURER PETTY CASH TREASURER PETTY CASH FUELMAN LASERWORKS INC OKLAHOMA MUNICIPAL LEAGUE OKLAHOMA MUNICIPAL LEAGUE JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD SAMS CLUB JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD OWASSO TOP SOIL TREASURER PETTY CASH JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD COMMUNITYCARE HMO, INC A N Z SIGNS & SHIRTS, INC DANIEL JOHNSTON CHARACTER TRAINING INSTITUTE TULSA WORLD NEIGHBOR NEWSPAPERS AMERICANCHECKED, INC JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD DESCRIPTION STREET LIGHTS STREET LIGHTS COMMUNITY CENTER REFUND -DIAZ COMMUNITY CENTER REFUND -OKLA ELKS ASSOC COMMUNITY CENTER REFUND -SISK REFUND TOTAL BAILIFF SERVICES MEETING EXPENSE MEETING EXPENSE MUNICIPAL COURT DEPT TOTAL FUEL REPAIR - PRINTER REGISTRATION FEE - BONEBRAKE REGISTRATION FEE - RAY /BISHOP CTR EXEC & PROF DEV TRAINING - BISHOP TRAVEL - ROONEY OPERATING SUPPLIES TRAVEL -RAY BAUDVILLE- EMPLOYEE RECOGNITION MEETING EXPENSE EMPLOYEE RECOGNITION DIRT MANAGERIAL DEPT TOTAL OFFICE SUPPLIES DELL -TONER CTR EXEC & PROF DEV TRAINING -HESS FINANCE DEPT TOTAL BAUDVILLE- OFFICE SUPPLIES FLAGS GEORGIA - CHARACTER INITIATIVE USA SCREEN PRINTING - CHARACTER INITIATIVE USA SCREEN PRINTING - CHARACTER INITIATIVE HOBBY LOBBY - CHARACTER INITIATIVE EAP SERVICES -SEPT CHARACTER BANNER CHARACTER INITIATIVE CHARACTER INITIATIVE -07/08 SCHOOL CLASSIFIED ADS CLASSIFIED ADS PRE - EMPLOYMENT BACKGROUND CHECKS TRAVEL EXPENSE - DEMPSTER TRAVEL EXPENSE-DEMPSTER TRAVEL EXPENSE - DEMPSTER TRAVEL EXPENSE - DEMPSTER TRAVEL EXPENSE - DEMPSTER TRAVEL EXPENSE - DEMPSTER TRAVEL EXPENSE - DEMPSTER AMOUNT 13.71 13.71 50.00 50.00 50.00 177.42 350.00 29.75 33.35 413.10 100.78 379.00 85.00 515.00 175.00 324.10 61.18 211.94 57.65 50.00 82.90 50.00 2,092.55 5.39 79.99 175.00 260.38 108.75 51.95 73.67 43.85 59.94 199.00 680.00 872.00 3,275.00 166.34 138.60 238.25 14.61 25.98 7.50 17.88 19.81 8.49 9.49 VENDOR DESCRIPTION AMOUNT JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD TREASURER PETTY CASH IKON OFFICE SOLUTIONS, INC SAMS CLUB HEARTLAND CONSULTING, INC AEP /PSO AMERICAN WASTE CONTROL INC JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD NEIGHBOR NEWSPAPERS AT &T JPMORGAN CHASE COMMERCIAL CARD TREASURER PETTY CASH TREASURER PETTY CASH IKON OFFICE SOLUTIONS, INC FUELMAN NES TRAFFIC SAFETY LP LASERWORKS INC TULSA COUNTY MIS OKLAHOMA MUNICIPAL LEAGUE JPMORGAN CHASE COMMERCIAL CARD WATER PRODUCTS FUELMAN TREASURER PETTY CASH JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT TURN -KEY MOBILE, INC TURN -KEY MOBILE, INC JPMORGAN CHASE COMMERCIAL CARD FUELMAN STRATEGIC CONSULTING INTL LLC OKLAHOMA MUNICIPAL LEAGUE JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD TRAVEL EXPENSE-DEMPSTER REASORS- CHARACTER INITIATIVE MEETING EXPENSE - CHARACTER INITIATIVE CHAMBERLUNCH HUMAN RESOURCES DEPT TOTAL COPIER SERVICES /SUPPLIES OPERATING SUPPLIES CONSULTING SERVICES 09/07 USE REFUSE SERVICE LAWN AMERICA - FRIENDSHIP PARK LAWN AMERICA -CITY HALL PUBLIC NOTICE PHONE USE USPS- POSTAGE POSTAGE STAMPS VEHICLE TAG FAX MODULE GENERAL GOVERNMENT DEPT TOTAL FUEL BARRICADE -BLOCK PARTY REPAIR WORK DIAL UP SERVICE WORKSHOP - MCCORD COMMUNITY DEVELOPMENT DEPT TOTAL MAXWELL SUPPLY - CONCRETE REPAIR / MAINT SUPPLIES FUEL MEMBERSHIP RENEWAL -ARZU WALMART- DIGITAL CAMERA DLT SOLUTIONS - SOFTWARE MEMORY CARD - CAMERA JOTTO DESK DOCK/BRACE LAPTOP OFFICE DEPOT - KEYBOARD FOR LAPTOP ENGINEERING DEPT TOTAL FUEL GIS SYSTEM MAINT FEES REGISTRATION FEE - WILLSON TRAVEL EXPENSE - HOUGHTON LODGING /HOUGHTON LODGING /HOUGHTON TRAVEL EXPENSE - HOUGHTON TRAVEL EXPENSE - HOUGHTON TRAVEL EXPENSE - HOUGHTON TRAVEL EXPENSE - HOUGHTON SOURCEFIRE- TRAINING /HOUGHTON TRAVEL EXPENSE - HOUGHTON TRAVEL EXPENSE - HOUGHTON 22.48 15.96 5.43 30.00 6,084.98 508.12 23.84 10,000.00 6,073.18 129.00 128.00 160.00 82.50 607.86 558.50 76.31 60.00 750.00 19,157.31 485.34 323.00 65.95 30.00 85.00 989.29 59.08 29.55 301.84 55.00 208.84 3,741.29 14.99 226.53 1,680.00 14.99 6,332.11 51.68 4,000.00 125.00 29.00 361.00 341.00 6.84 4.84 6.88 407.30 2,885.75 19.94 11.68 VENDOR DESCRIPTION AMOUNT JPMORGAN CHASE COMMERCIAL CARD TREASURER PETTY CASH JPMORGAN CHASE COMMERCIAL CARD TURN -KEY MOBILE, INC SUNGARD HTE, INC. TURN -KEY MOBILE, INC JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD TURN -KEY MOBILE, INC STRATEGIC CONSULTING INTL LLC IKON OFFICE SOLUTIONS, INC SAMS CLUB LOWES HOME IMPROVEMENT WAREHOUSE TRIAD PRINTING, INC. OKLAHOMA LIGHTING DISTRIBUTORS INC FUELMAN FLYNN'S PEST CONTROL OKLAHOMA DEPT OF CORRECTIONS FUELMAN AT &T PUBLIC SAFETY CONFERENCE BROWN FARMS LLC FUELMAN AEP /PSO WORDCOM,INC SAMS CLUB TREASURER PETTY CASH TREASURER PETTY CASH FUELMAN AEP /PSO JPMORGAN CHASE COMMERCIAL CARD AT &T JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD TREASURER PETTY CASH TREASURER PETTY CASH JPMORGAN CHASE COMMERCIAL CARD TRAVEL EXPENSE - HOUGHTON TRAVEL EXPENSE - HOUGHTON WATER PRODUCTS - CONDUIT SLEEVES BARE WIRE ADAPTER TRAINING /IMPLEMENTATION PROJECT JOTTO DESK - COMPUTER MOUNTS CDW GOVERNMENT - LAPTOP BOXWAVE CORP THE PRINTER WORKS -PAPER TRAY LAPTOPS GIS PUBLIC SAFETY TRAINING INFORMATION SYSTEMS DEPT TOTAL BASE SERVICE CHARGE OPERATING SUPPLIES PHYSICAL PROPERTY SUPPLIES NAME PLATES LIGHTING SUPPLIES FUEL PEST CONTROL SERVICE -CH /OC DOC WORKER PROGRAM FUEL PHONE USE APCO /NENA CONFERENCE SUPPORT SERVICE DEPT TOTAL SOD FUEL 09/07 USE CEMETERY DEPT TOTAL PAPER OPERATING SUPPLIES KEY MAINT SUPPLIES FUEL 09/07 USE MOTOROLA -LTS BATTERY PHONE USE MEETING EXPENSE -FBI MEETING EXPENSE DELL -TONER MEETING EXPENSE PER DIEM - BELL /HAMRICK MATSMATSMATS.COM -CONES BIKE PATROL POLICE DEPT TOTAL 13.92 16.00 689.00 345.00 2,974.46 535.50 1,256.99 15.45 21.66 3,898.00 3,360.00 21,376.89 182.40 314.80 45.56 28.00 251.55 251.85 110.00 188.31 245.79 131.92 60.00 1,810.18 25.00 43.79 16.19 84.98 132.00 119.02 3.58 29.19 8,844.57 3,705.44 92.34 465.83 25.56 7.33 89.99 32.85 245.00 249.93 14,042.63 JPMORGAN CHASE COMMERCIAL CARD ALLIANCE MEDICAL -LATEX GLOVES 87.80 JPMORGAN CHASE COMMERCIAL CARD DELL 137.39 JPMORGAN CHASE COMMERCIAL CARD REASORS- PRISONER MEALS 90.13 SAMS CLUB OPERATING SUPPLIES 79.89 POLICE COMMUNICATIONS DEPT TOTAL 395.21 VENDOR DESCRIPTION AMOUNT OFFICE DEPOT SAMS CLUB FUELMAN AEP /PSO AT &T TREASURER PETTY CASH JPMORGAN CHASE COMMERCIAL CARD LOWES HOME IMPROVEMENT WAREHOUSE LOWES HOME IMPROVEMENT WAREHOUSE JPMORGAN CHASE COMMERCIAL CARD SAMS CLUB WAL -MART COMMUNITY LOWES HOME IMPROVEMENT WAREHOUSE CARDINAL CUSTOM DESIGN JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD NORTH AMERICA FIRE EQUIPMENT CO JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD FUELMAN TRACE ANALYTICS INC AEP /PSO STREAMSIDE SERVICES, INC BAILEY EQUIPMENT, INC LOWES HOME IMPROVEMENT WAREHOUSE A PLUS SERVICE INC AT &T OWASSO FITNESS ZONE, INC JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD TURN -KEY MOBILE, INC AEP /PSO AT &T JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD TREASURER PETTY CASH JPMORGAN CHASE COMMERCIAL CARD STANDARD SUPPLY LAWN & GARDEN CROW BURLINGAME COMPANY APAC, INC. TWIN CITIES READY MIX, INC LOWES HOME IMPROVEMENT WAREHOUSE MILL CREEK LUMBER & SUPPLY SUPPLIES OPERATING SUPPLIES FUEL 09/07 USE PHONE USE ANIMAL CONTROL DEPT TOTAL POSTAGE STAMPS OFFICE DEPOT - SUPPLIES BATTERY OPERATING SUPPLIES USPS- POSTAGE OPERATING SUPPLIES OPERATING SUPPLIES STATION #3- OPERATING SUPPLIES UNIFORM SHIRTS /JACKETS OKLAHOMA POLICE SUPPLY -NAME TAG OKLAHOMA POLICE SUPPLY - BOOTS - POTTER HELMETS /UNIFORM ACADEMY SPORTS - UNIFORM SHOES SKAGGS- UNIFORM APPAREL /BELTS BINDERFINDER- BINDERS - MAPBOOKS NAFECO- UNIFORM APPAREL ACE HARDWARE- HEADSET HOOKS FUEL AIR SAMPLES 09/07 USE REPAIR -WATER LEAK REPAIR - TRIMMERS REPAIR PARTS -ICE MACHINE AIR CONDITIONING REPAIR PHONE USE PHYSICAL FITNESS PROGRAM LOWES- HARDWARE REPAIRS STATION 1 LOWES -VACCU M SHERWIN WILLIAMS- SUPPLIES VEHICLE RADIO /COMPUTER CONSOLE FIRE DEPT TOTAL 09/07 USE PHONE USE OKLA EMERG MGMT ASSOC -CONF FEE DELL -TONER MILEAGE REIMB -MOTTO OKLA EMERG MGMT ASSOC -CONF FEE EMERGENCY PREPAREDNESS DEPT TOTAL CHAIN SANDING CLOTH /GRINDER BELTS ASPHALT CRUSHED ROCK TAPE FORM BOARDS 111.79 95.08 219.92 418.75 37.44 882.98 4.60 10.00 9.97 173.53 8.85 1,022.69 88.78 272.09 1,010.00 5.95 71.95 642.00 109.98 181.35 490.00 459.52 50.40 1,869.22 303.00 3,363.72 339.94 87.75 2.58 142.50 239.91 345.00 151.76 189.94 92.12 984.45 12,723.55 81.09 18.73 144.00 89.99 72.75 70.00 476.56 41.24 78.56 197.46 640.50 6.28 84.28 VENDOR DESCRIPTION AMOUNT ATWOODS DISTRIBUTING, LP BAILEY EQUIPMENT, INC KIRBY -SMITH MACHINERY, INC LOWES HOME IMPROVEMENT WAREHOUSE LOCKE SUPPLY GEORGE & GEORGE SAFETY AND GLOVE UNIFIRST HOLDINGS LP SAV -ON PRINTING & SIGNS LLC OWASSO FENCE CO MILL CREEK LUMBER & SUPPLY ATWOODS DISTRIBUTING, LP CROW BURLINGAME COMPANY FUELMAN JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD ATWOODS DISTRIBUTING, LP AEP /PSO AEP /PSO AEP /PSO SIGNALTEK INC RSC EQUIPMENT RENTAL WHITE STAR MACHINERY & SUPPLY EQUIPMENT ONE RENTAL & SALES, INC. JPMORGAN CHASE COMMERCIAL CARD TULSA DYNASPAN, INC CARTEGRAPH SYSTEMS INC JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD D.P. SUPPLY CO GEORGE & GEORGE SAFETY AND GLOVE UNIFIRST HOLDINGS LP FUELMAN JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD TREASURER PETTY CASH DEVON DISTRIBUTING CORP COOK & CLARK, LLC MAIL THIS! COPY THAT! LOWES HOME IMPROVEMENT WAREHOUSE BAILEY EQUIPMENT, INC OWASSO TOP SOIL UNIFIRST HOLDINGS LP FUELMAN ALOHA LANDSCAPE & IRRIGATION ALOHA LANDSCAPE & IRRIGATION ALOHA LANDSCAPE & IRRIGATION ALOHA LANDSCAPE & IRRIGATION ALOHA LANDSCAPE & IRRIGATION ALOHA LANDSCAPE & IRRIGATION PAINT -PLOW SALT SPREADER PARTS NOZZLES PVC CAP PLUMBING PARTS UNIFORMS /PROTECTIVE CLOTHING UNIFORM /PROTECTIVE CLOTHING DETOUR SIGNS SIGN PARTS CONCRETE SIGN HARDWARE BEARING CAP FUEL MAXWELL SUPPLY OF TULSA -RAKE MCMASTER -CARR- HYD ROM ETER PUMP -BRINE PROJECT Rojillassa STREET LIGHTS STREET LIGHTS LOOP REPLACEMENT RENTAL-ROLLER/TRAILER RENTAL-LOADER/PLANER RENTAL -AIR COMPRESSOR COACHING SYSTEMS - TRAINING DVD CONCRETE BLOCKS MAINT AGREEMENT - PAVEMENT REPAIR STREETS DEPT TOTAL BAILEY EQUIPMENT - WEEDEATER PARTS BAILEY EQUIPMENT - WEEDEATER REPAIR MANHOLE COVERS UNIFORMS /PROTECTIVE CLOTHING UNIFORM /PROTECTIVE CLOTHING FUEL BAILEY EQUIPMENT - WEEDEATER REPAIR SKILLPATH SEMINARS SKILLPATH SEMINARS - TRAINING APPLICATION /LICENSE FEE- SHADBOLT SILT FENCE MACHINE STORMWATER MAINT DEPT TOTAL SUPPLIES REPAIR KIT /CONNECTORS TIRE -LAWN MOWER DIRT UNIFORM RENTAL /CLEANING FUEL MOWING SERVICE -ELM CREEK PARK MOWING SERVICE - MCCARTY PARK MOWING SERVICE - RAYOLA PARK MOWING SERVICE -ELM CREEK MOWING SERVICE - MCCARTY PARK MOWING SERVICE - RAYOLA PARK 45.33 140.44 41.58 1.74 26.39 38.10 93.90 324.00 1,770.50 171.18 29.66 2.40 960.18 123.55 19.15 259.00 1,218.04 4,932.60 4,863.79 2,000.00 1,133.00 290.40 89.00 39.79 55.00 1,200.00 20,917.04 296.70 435.32 118.00 38.08 85.82 1,036.44 16.00 189.00 189.00 66.50 5,329.35 7,800.21 47.19 33.70 35.00 30.00 39.72 398.55 227.00 145.00 185.00 227.00 145.00 185.00 VENDOR DESCRIPTION AMOUNT D & SONS LAWN CARE D & SONS LAWN CARE D & SONS LAWN CARE D & SONS LAWN CARE D & SONS LAWN CARE D & SONS LAWN CARE RURAL WATER DISTRICT #3 AEP /PSO AT &T A -1 TENT RENTALS, INC CLOWN N 4U JUMPMAN PARTY RENTALS MISER ASPHALT COMPANY SAV -ON PRINTING & SIGNS LLC FUELMAN AEP /PSO AT &T AEP /PSO AT &T FUELMAN TRIAD PRINTING, INC. JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD TREASURER PETTY CASH COMMUNITYCARE SENIOR CONNIE SWANSON MARY L. MCKINNEY JOYCE E. LONG MEDICAL COMPLIANCE SPECIALTY INC PACE PRODUCTS OF TULSA JPMORGAN CHASE COMMERCIAL CARD ATC FREIGHTLINER GROUP FUELMAN JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD MOWING SERVICE -ATOR PARK MOWING SERVICE - CENTENNIAL PARK MOWING SERVICE - VETERANS PARK MOWING SERVICE -ATOR PARK MOWING SERVICE - CENTENNIAL PARK MOWING SERVICE - VETERANS PARK WATER USE - CENTENNIAL PARK 09/07 USE PHONE USE TENTS - HARVEST FESTIVAL HARVEST FESTIVAL - TRACKLESS TRAIN RENTAL - HARVEST FESTIVAL IMPROVEMENTS -ELM CREEK PARK PARKS DEPT TOTAL BUSINESS CARD S- WORLEY /IRBY FUEL 09/07 USE PHONE USE COMMUNITY CENTER DEPT TOTAL 09/07 USE PHONE USE HISTORICAL MUSEUM DEPT TOTAL FUEL PRINTING -MAPS TRIAD PRINTING - PRINTING MEETING EXPENSE WEB SCRIBBLE SOLUTIONS -JOBS IN OWASSO MEETING EXPENSE MEETING EXPENSE MEETING EXPENSE MEETING EXPENSE ECONOMIC DEVELOPMENT DEPT TOTAL GENERAL FUND TOTAL AMB SUBSCRIPTION REFUND - DENNING AMBULANCE REFUND AMBULANCE REFUND AMBULANCE REFUND AMBULANCE REFUND BIO -WASTE DISPOSAL AMBULANCE SUPPLIES PHARMACEUTICAL SYSTEMS - SUPPLIES REPAIR -AIR BAG M2 FUEL LOWES -TOOL ALLIANCE MEDICAL - SUPPLIES ALLIANCE MEDICAL - SUPPLIES ALLIANCE MEDICAL - SUPPLIES TRI -ANIM HEALTH - SUPPLIES 80.00 999.00 60.00 80.00 999.00 60.00 268.55 1,244.50 167.03 650.00 700.00 750.00 22,850.00 30,606.24 90.00 132.63 2,060.98 120.46 2,404.07 319.72 55.80 375.52 136.09 447.42 2,328.54 21.10 19.99 15.90 15.90 30.94 26.25 3,042.13 152,445.33 24.00 256.87 82.72 12.00 63.37 235.00 84.73 452.04 1,310.66 1,900.65 13.46 130.62 85.55 1,074.74 737.60 VENDOR DESCRIPTION AMOUNT JPMORGAN CHASE COMMERCIAL CARD LOWES -HEAT GUN 24.98 JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT - GREASE PENCILS 11.99 JPMORGAN CHASE COMMERCIAL CARD WALMART- MOUNTING SUPPLIES 17.06 AMBULANCE SERVICE FUND TOTAL 6,518.04 TOTAL RADIO INC RADIO MAINTENANCE 675.00 AEP /PSO 09/07 USE 80.16 AT &T E911 FEES 1,908.24 E -911 FUND TOTAL 2,663.40 YOUTH SERVICES OF TULSA COUNSELING SERVICES 833.34 JUVENILE COURT FUND TOTAL 833.34 JPMORGAN CHASE COMMERCIAL CARD DISPLAY SALES - BANNERS 2,709.00 HOTEL /MOTEL SALES TAX FUND TOTAL 2,709.00 MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES - DRAINAGE 2,038.73 MESHEK & ASSOCIATES, P.L.C. DRAINAGE IMPROVEMENTS- 96 /GARNETT 37,882.78 STORMWATER MGMT FUND TOTAL 39,921.51 JPMORGAN CHASE COMMERCIAL CARD NEW TECH INDUSTRIES -HOT LINE STATION 3 111.61 MOTOROLA, INC BASE /PORTABLE RADIOS - STATION 3 10,448.68 JPMORGAN CHASE COMMERCIAL CARD VIDEO REVOLUTION - TRAINING ROOM EQUIPMENT 4,031.93 JPMORGAN CHASE COMMERCIAL CARD HOME FITNESS - EQUIPMENT 10,418.09 JPMORGAN CHASE COMMERCIAL CARD BAILEY EQUIP- MOWING EQUIPMENT 5,000.00 JPMORGAN CHASE COMMERCIAL CARD L & M OFFICE - TABLES /CHAIRS 2,259.64 CAPITAL IMPROVEMENTS FUND TOTAL 32,269.95 JPMORGAN CHASE COMMERCIAL CARD THE KNOX CO- SECURITY SYSTEM 4,490.00 AMBULANCE CAPITAL FUND TOTAL 4,490.00 LIVINGSTON, KEN TUITION REIMB 358.50 FUELMAN FUEL 55.87 O'REILLY AUTOMOTIVE INC SMALL TOOLS 46.23 O'REILLY AUTOMOTIVE INC PARTS FOR RESALE 1,026.77 UNITED FORD PARTS FOR RESALE 17.26 TULSA NEW HOLLAND INC PARTS - BACKHOES 743.38 T & W TIRE, LP TIRES -CITY VEHICLES 1,085.50 B & M OIL COMPANY INC OIL /FLUIDS 903.52 CLASSIC CHEVROLET, INC. PARTS FOR RESALE 932.35 WELDON PARTS, INC PARTS - TANKER 62.80 AEP /PSO 09/07 USE 691.70 AT &T PHONE USE 37.45 TULSA NEW HOLLAND INC SERVICE - BACKHOE 440.82 TULSA AUTO SPRING CO REPAIR SERVICE -TRASH TRUCK 4,450.88 O'REILLY AUTOMOTIVE INC TIRE PRESSURE TOOL 718.00 CITY GARAGE FUND TOTAL 11,571.03 UNITED SAFETY & CLAIMS INC THIRD PARTY ADMIN FEES 1,450.00 CITY OF OWASSO IMPREST ACCOUNT PROFESSIONAL SERVICES 75.00 CITY OF OWASSO IMPREST ACCOUNT PROFESSIONAL SERVICES 1,716.30 CITY OF OWASSO IMPREST ACCOUNT MEDICAL CLAIMS 4,03145 VENDOR DESCRIPTION AMOUNT CITY OF OWASSO IMPREST ACCOUNT MEDICAL CLAIMS 581.26 CITY OF OWASSO IMPREST ACCOUNT TTD 356.99 CITY OF OWASSO IMPREST ACCOUNT TTD 356.99 CITY OF OWASSO IMPREST ACCOUNT SETTLEMENTS 1,369.00 CITY OF OWASSO IMPREST ACCOUNT SETTLEMENTS 1,369.00 WORKERS COMP FUND TOTAL 11,307.99 ATKINSON, HASKINS, NELLIS P.C. SPARKS VS. CITY 474.11 SELF INSURANCE FUND TOTAL 474.11 EDWARD D. JONES & CO SEWER IMPROVEMENT BONDS 510.00 PLEASANT VIEW SEWER DISTRICT 510.00 GRAND TOTAL 265,713.70 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 9/29/2007 Department Overtime Expenses Total Expenses Municipal Court 5,583.54 Managerial 85.05 22,727.85 Finance 11,869.20 Human Resourses - 7,936.86 Community Development - 16,541.82 g En 9 ineerin - 16 803.20 _ Information Systems - 11.816.11 Support Services Central Dispatch :• 3;444.75 105.53 10,746.29 132,297.41 12.497.72 Fire 2,051.08 106,373.82 Emergency Preparedness 3,741.14 Streets .... ............. 282.21 11,243.05 r water /ROW Maint. - 9,024.09 Park Maintenance __ _ - 10 694.06 Community- Senior Center ......... 4,462.15 Historical Museum ..... 2,633.06 Economic Development - 4,516.96 General Fund Total 5,977.57 4€ 4,739.15 Garage Fund - 5,457.00 Ambulance Fund 953.34 24,298.67 ... Find Total 953.34 24,298.67 Emergency 911 Fund 35.17 4,258.09 I Workers Compensation 950.40 Ft ind Tr-.fa _ OrM A0 CITY OF OWASSO GENERALFUND FISCAL YEAR 2007 -2008 Statement of Revenues & Expenditures As of September 30, 2007 FUND BALANCE (Budgetary Basis) Beginning Balance 3,785,063 3,119,928 Ending Balance $ 3,223,357 $ 2,171,854 PERCENT 23.92% 25.54% 28.74% 20.95% 15.17% 15.51% 23.65% 26.03% 24.58% 20.21% 32.49% 26.05% 16.66% 24.49% MONTH YEAR TO -DATE TO -DATE BUDGET REVENUES: Taxes $ 1,419,589 $ 4,276,796 $ 17,883,000 Licenses & permits 25,235 77,502 303,500 Intergovernmental 44,534 121,132 421,500 Charges for services 21,564 57,919 276,500 Fines & forfeits 764 103,141 680,000 Other 2,613 18,036 116,300 TOTAL REVENUES 1,514,299 4,654,526 19,680,800 EXPENDITURES: Personal services 1,213,807 2,841,310 10,914,875 Materials & supplies 69,251 148,898 605,661 Other services 106,607 313,297 1,550,017 Capital outlay 364,335 512,356 1,577,196 TOTAL EXPENDITURES 1,754,000 3,815,861 14,647,749 REVENUES OVER EXPENDITURES (239,702) 838,665 5,033,051 TRANSFERS IN (OUT): Transfers in 874,795 2,576,561 10,520,000 Transfers out (1,312,418) (3,976,933) (16,501,125) TOTALTRANSFERS (437,623) (1,400,371) (5,981,125) NET CHANGE IN FUND BALANCE (677,324) (561,706) (948,074) FUND BALANCE (GAAP Basis) Beginning Balance 5,133,169 Ending Balance $ 4,571,463 FUND BALANCE (Budgetary Basis) Beginning Balance 3,785,063 3,119,928 Ending Balance $ 3,223,357 $ 2,171,854 PERCENT 23.92% 25.54% 28.74% 20.95% 15.17% 15.51% 23.65% 26.03% 24.58% 20.21% 32.49% 26.05% 16.66% 24.49% MEMORANDUM TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ACCEPTANCE AND ADMINISTRATION OF GRANT FOR THE RAYOLA PARK RESTROOM FACILITY DATE: October 12, 2007 BACKGROUND: On June 19, 2007, the Owasso City Council approved Resolution No. 2007 -07 as part of the application process requesting financial assistance from the Oklahoma Department of Commerce under the FY 2007 Small Cities set -aside funding. The application was specifically directed toward a handicap accessible restroom near the splash pad facility at Rayola Park. The recommended improvements were presented at a public hearing on June 19, 2007. FUNDING: The staff received notice on October 9, 2007 that funding in the amount of $58,696 has been approved. A "one- for -one" cash match is required of the city each year in order to receive the grant funds. The FY 2007 -2008 budget includes funds within the Parks Department in an amount sufficient to satisfy the match requirement. RECOMMENDATION: The staff recommends that the City Council accept the Small Cities set -aside grant from the Oklahoma Department of Commerce, and authorize the Mayor to execute the acceptance letter and all appropriate contract documents. ADMINISTRATIVE AGREEMENT ADMINISTRATIVE AGREEMENT: Once the grant has been accepted, an administrative agreement needs to be executed to provide for the administration of the project. Historically, INCOG has administered Owasso's CDBG grants and provided technical assistance as a liaison between the City and the Department of Commerce. The administrative agreement pledges $4,500 to INCOG for its services, such funds to come from the City's required cash match. RECOMMENDATION: The staff recommends that the City Council approve the administrative agreement between the City of Owasso and INCOG, and authorize the Mayor to execute the agreement. ATTACHMENTS: 1. ODOC Notification Letter 2. Instructions for Acceptance of Award 3. Designation of grant contractor 4. CDBG Contract with Department of Commerce 5. Administrative Services contract between INCOG and the City of Owasso COMMUNITY DEVELOPMENT BLOCK GRANT ADMINISTRATIVE SERVICES CONTRACT BETWEEN INCOG AND CITY OF OWASSO PART I - SUMMARY AND SIGNATURES CONTRACT TITLE: ADMINISTRATIVE SERVICES FOR 12985 CDBG 07 - RAYOLA PARK RESTROOM IMPROVEMENTS CITY: OWASSO AMOUNT: $5,222.00 TERM OF CONTRACT: This agreement shall become effective on 10/1/07 and shall remain in effect through. the "Funding Period ", including extensions, of the FY 2007 Community Development Block Grant 12985 CDBG 07 between the Oklahoma Department of Commerce, State of Oklahoma and the City of Owasso. To Submit Reauisitions or Notice: Andy Armstrong INCOG 201 W. 5h Street, Suite 600 Tulsa, OK 74103 (918) 584 -7526 Fax: (918) 583 -1024 aarmstronggincog. org INDIAN NATIONS COUNCIL OF GOVERNMENTS Chair of the Board Date: Attest: Secretary CONTRACT COMPONENTS To Issue Pavment or Notice: Mayor Stephen Cataudella, City of Owasso 111 N. Main Owasso, OK 74055 (918) 376 -1500 (918) 272 -4999 ewiles@cityofowasso.com CITY OF OWASSO Mayor, Stephen Cataudella, Date: Attest: City Clerk Part 1— Summary and Signatures Part 2 — General Terms and Conditions Attachment A- Scope of Services PART 2 - GENERAL TERMS AND CONDITIONS COMPENSATION TERMS AND CONDITIONS The CITY agrees to pay INCOG as compensation for the services rendered in Attachment A the total sum not to exceed Five Thousand Two Hundred Twenty Two Dollars ------ - - - - -- ($5,222.00). INCOG will be reimbursed on a monthly basis and will charge the CITY on an hourly basis for all services rendered. Such compensation shall be paid on the basis of the direct and indirect actual auditable costs incurred in performance of the Scope of Services as set forth in this AGREEMENT. INCOG personnel shall receive compensation at a rate established for each class of personnel as set forth in the approved INCOG Budget and Salary Schedule for the fiscal year 2007. Such compensation shall be subject to adjustment in the total contract amount where monitoring reviews or audits indicate that personnel services were compensated at greater than reasonable rate; or where salary increases for individual personnel are authorized by the INCOG Board of Directors. Subject to appropriation and disbursement of funds by the Oklahoma Department of Commerce, and upon presentation by INCOG cost vouchers and approval thereof by the CITY, the CITY will pay INCOG for the value of work performed for the completion of each month. It is expressly understood and agreed that in no event will the total compensation to be paid hereunder exceed the maximum sum of exceed Five Thousand Two Hundred Twenty Two Dollars ------ - - - - -- ($5,222.00) for all services rendered unless written amendments to this AGREEMENT are entered into by the parties hereto for modification of the Scope of Services as set forth in Part I of this AGREEMENT. A final voucher for claims arising under this AGREEMENT shall be submitted within thirty (30) days following the termination or expiration of this AGREEMENT. SUBCONTRACT NOTIFICATION PROVISION None of the work and services covered by this CONTRACT may be subcontracted without written consent of the CITY. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this CONTRACT. MODIFICATIONS This CONTRACT is subject to modification as may be required by federal or state law or regulations. The work and services to be performed and the contract period may be modified only upon written agreement of both parties. 2 INTERPRETATION, REMEDIES In the event of any disagreement between the CITY and INCOG, relative to the provisions of this CONTRACT, the details of such disagreement shall be forwarded to the legal counsels of both parties for review and recommendation and such recommendation forwarded to the CITY Officers who shall make the final determination. ASSIGNABILITY INCOG shall not assign any interest on this CONTRACT, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the CITY thereto: Provided, however, that claims for money by INCOG from the CITY under this CONTRACT may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the CITY. SEVERABILITY CLAUSE If any provision under this contract or its application to any person or circumstance is held invalid by any court of competent jurisdiction, such invalidity does not affect any other provision of this contract or its application that can be given effect without the invalid provision or application. HOLD HARMLESS CLAUSE INCOG shall, within limitations placed on such entities by state law, save harmless the State of Oklahoma, City of Owasso, their agents, officers, and employees from all claims and actions, and all expenses defending same, that are brought as a result of any injury or damage sustained by any person or property in consequence of any act or omission by INCOG. INCOG shall, within limitations placed on such entities by state law, save harmless the State of Oklahoma, City of Owasso, their agents, officers, and employees from any claim or amount recovered as a result of infringement of patent, trademark, copyright, or from any claim or amounts arising or recovered under Workers' Compensation Law or any other law. In an agreement with any subcontractor or any agent for INCOG, INCOG will specify that such subcontract or agents shall hold harmless the State and City of Owasso. PERSONNEL a. INCOG represents that it has, or will secure at its own expense, all personnel required in performing the services under this contract. C Such personnel shall not be employees of or have any contractual relationship with the CITY. b. INCOG has full responsibility for payment of any workers' compensation insurance, unemployment insurance, social security, state and federal income tax and any other deductions required by law for its employees. All of the services required hereunder will be performed by INCOG or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. TERIVIINATION OF CONTRACT FOR CAUSE If, through any cause, INCOG shall fail to fulfill in a timely and proper manner its obligations under this contract, or if INCOG shall violate any of the covenants, agreements, or stipulations of this contract, the CITY shall thereupon have the right to terminate this contract by giving written notice to INCOG of such termination and specifying the effective date thereof, at least 30 days before the effective date of such termination. In such event, INCOG shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by INCOG under this agreement shall become the property of the CITY. Not withstanding the above, INCOG shall not be relieved of any liability to the CITY for damages sustained by the CITY by virtue of any breach of the contract by INCOG, and the CITY may withhold any payments to INCOG until such time as the exact amount of damages due the CITY from INCOG is determined. TERMINATION FOR CONVENIENCE OF THE CITY The CITY may terminate this contract at any time by giving at least 30 days notice in writing to INCOG. If the contract is terminated by the CITY as provided herein, INCOG will be paid for the time provided and all allowable expenses incurred up to the termination date. CONFLICT OF INTEREST No member of the governing body of the CITY, and no other officer, employee, or agent of the CITY, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this agreement, and INCOG shall take appropriate steps to assure compliance. 0 INTEREST OF CONTRACTOR AND EMPLOYEES INCOG covenants that it presently has no interest and shall not acquire interest, direct or indirect, in the project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of its services hereunder. INCOG further covenants that in the performance of this agreement no person having any such interest shall be employed. REPORTS AND INFORMATION INCOG, at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports as it may request pertaining to the work or services undertaken pursuant to the contract, the costs and obligations incurred or to be incurred in connection therewith and any other matters covered by this contract. INCOG shall furnish the CITY narrative reports and financial reports related to the elements of this contract in the form and at such times as may be required by the CITY or federal and state grantor agencies. COMPLIANCE WITH LOCAL LAWS INCOG shall comply with all applicable laws, ordinances and codes of the state and local governments, and INCOG shall save the CITY harmless with respect to any damages arising from INCOG's performing any of the work embraced by this contract in violation of any applicable laws, ordinances and codes of the state and local governments. COPYRIGHT No reports, maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of INCOG. RECORDS AND AUDITS INCOG shall assist the CITY in retaining all books, documents, papers, records, and other materials involving all activities and transactions related to this contract for at least three (3) years from the date of submission of the final expenditure report or until all audit findings have been resolved, whichever is later. INCOG shall, as often as deemed necessary by the CITY, permit authorized representatives of the CITY and its Auditors, the U.S. Department of Housing and Urban Development, the Federal or State Department of Labor and the U.S. Comptroller General to have full access to and the right to fully examine all such materials. INCOG shall comply with OMB circulars A -110 and A -122 requirements, where applicable. The OMB circulars are hereby made a part of this contract. ANTI - KICKBACK REGULATIONS INCOG shall comply with all applicable anti - kickback regulations covered under Department of Labor Regulations 29 CFR, Part M. EQUAL EMPLOYMENT OPPORTUNITY INCOG shall comply with the following equal opportunity requirements as part of CDBG assurances: a. INCOG will not discriminate against any employee or applicant for employment because of race, creed, sex, color, national origin, handicap or familial status. INCOG will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color, national origin, or handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. INCOG agrees to post in conspicuous places, available to employees and applicants for employment, setting forth the provisions of this non- discrimination clause. b. INCOG will, in all solicitation or advertisements for employees placed by or on behalf of INCOG, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin. C. INCOG will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. d. INCOG will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. e. INCOG will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the CITY, the Oklahoma Department of Commerce, the U.S. Department of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6 f. In the event of INCOG's non - compliance with the equal opportunity clauses of this Agreement or with any of such rules, regulations or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and INCOG may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. INCOG will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. INCOG will take such action with respect to any subcontract or purchase order as the CITY, Oklahoma Department of Commerce, the U.S. Department of Housing and Urban Development may direct as a means of enforcing such provisions including sanctions for non - compliance: Provided, however, that in the event INCOG becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the CITY, INCOG may request the United States to enter into such litigation to protect the interest of the United States. h. Housing and Community Development Act of 1974, Section 109 INCOG shall comply with Section 109 of the Housing and Community Development Act of 1974, which provides that no person in the United States shall on the grounds of race, color, religion, national origin, age or sex be excluded from participation, be denied the benefits of, or be subjected to discrimination under any program or activity funded under the Act. i. Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. j. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities 7 1. The work to be performed under this contract is on a project assisted under a program providing federal financial assistance from the Department of Housing and Urban Development through the Oklahoma Department of Commerce and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. 3. INCOG will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. INCOG will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. INCOG will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 0 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractor and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. AGE DISCRIMINATION ACT OF 1975 INCOG shall comply with the provisions of the Age Discrimination Act of 1975, which prohibits discrimination on the basis of age in the delivery of services and benefits supported by federal funds. AMERICANS WITH DISABILITIES ACT OF 1990 INCOG shall comply to the extent required with the provisions of the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabled status in any publicly funded program and activity. REHABILITATION ACT OF 1973, SECTION 504 INCOG shall comply with the provisions of Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap in any programs or activities receiving federal financial assistance. 9 ATTACHMENT A - SCOPE OF SERVICES INCOG staff will perform the tasks listed below, keeping the City of Owasso apprised of program progress during all phases of the project. 1. Conduct Public Hearings 2. 3 Prepare and publish public hearing notices, organize presentation, and assist at any public hearings necessary (as in the event of program amendment). Environmental Review Record A. Prepare and publish all public notices. B. Notify appropriate authorities of the project such as State Historic Preservation Officer, State of Oklahoma Archeological Society, State of Oklahoma Department of Environmental Quality, Environmental Protection Agency, etc. C. Prepare an Environmental Assessment of the project. D. Recommend a determination of finding(s) and level of impact to the City Council of the City of Owasso. E. Prepare and submit Request for Release of Funds and appropriate supporting documentation. Requests for Payments and Monthly Reports A. Coordinate and prepare Requests for Payments to order funds for payment of CDBG expenses. B. Coordinate and prepare all quarterly narrative reports for submittal to ODOC as required. Assist the CITY staff in the preparation of monthly expenditure reports for submittal to ODOC as required. 10 C. Coordinate and prepare the initial Performance and Expenditure Projection form for submittal to OODC as required and any revisions or modifications, as necessary, during the length of the project. 4. Financial Management A. Assist in the monitoring of funds on hand with ODOC. B. Assist in the development and supervision of accounting procedures and maintenance of supporting source documentation including appropriate journals and ledgers. C. Maintain additional financial records and property inventories, as required. D. Assist the CITY staff to ensure compliance with generally accepted accounting principles in bookkeeping. S. Project File A. Establish project files which contain all source documentation and assist the CITY staff in file maintenance. B. Assist the CITY staff in maintaining compliance with all applicable federal, state, and local regulations in the project files. 6. Citizen Participation/Equal Opportunity/Fair Housing A. Develop and coordinate a continuing citizen participation/equal opportunity planning process. B Maintain record of public hearings and other opportunities for citizens to participate in program performance and completion. C. Assist the CITY, if necessary, in responding to and resolving equal opportunity complaints. D. Assist the CITY in implementing a Fair Housing Program. 7. Residential Antidisplacement and Relocation Assistance Plan A. A Residential Antidisplacement and Relocation Assistance Plan will be prepared in compliance with the Uniform Relocation Act and submitted to ODOC for approval. I 8. Rayola Park Restroom Improvements A. Bidding/Construction Phase 1. Assist the CITY staff in reviewing plans, specifications and contract documents to meet ODOC requirements. 2. Secure wage rates from ODOC and include in bid packet. 3. Assist the CITY in reviewing executed construction contracts for completeness. 4. Obtain contractor and subcontractor clearance from ODOC. 5. Assist the CITY and project engineer in conducting a preconstruction conference. 6. Monitor contractor compliance with applicable regulations, such as Davis -Bacon wage rates and equal opportunity. 7. Secure construction contractor's weekly payroll reports and ensure compliance with wage rates. 8. Conduct on -site interviews and verify results with payroll reports. 9. Assist the CITY and project engineer with partial and final payment requests from construction contractor. 10. Assist the CITY in ODOC monitoring visit related to project activities and provide assistance in resolving monitoring issues, if any. 9. Project Close -out A. Assist the CITY in preparation and submittal of project close -out documents to ODOC, including Project Completion Report, Final Expenditure Report, Final Wage Compliance Report and Certificates of Completion. B. Assist the CITY in the resolution of audit questions, if any. 12 STATE OF OKLAHOMA 900 North Stiles Avenue / P. O. Box 26980 DEPARTMENT Oklahoma City, Oklahoma 73126 -0980 U.S.A. OF COMMERCE Tel: (405) 815 -6552 Fax: (405) 815 -5199 I I11 October 1, 2007 Stephen Cataudella, Mayor City of Owasso P.O. Box 180 Owasso, OK 74055 -0180 Dear Mayor Cataudella: The Oklahoma Department of Commerce /Community Development (ODOC /CD) has completed its review of your FY 2007 Community Development Block Grant (CDBG) application in the Small Cities category. ODOC /CD is pleased to inform you that your application for the low and moderate income area Rayola Park improvements project has been approved for funding. The award provides funding in the total amount of $58,696. Should this award be accepted, it will be memorialized in contract number 12985 CDBG 07. Please indicate your acceptance of this offer by following the attached instruction sheet and returning the enclosed Contract, Signatory Form, Contract Certification Regarding Lobbying, and Authorization for Mailing Copies of Correspondence. Please understand that acceptance of this offer does not constitute your authority to expend funds or make any commitments of funds relative to the project until the execution of the contract. We look forward to working with you in the coming months. Should you have any questions, please contact D. Scott Myers at 405/815 -5356. Sincerely, Vaughn gaF ,irector Commu ity De lopment VC /j b c: Senator Randy Brogdon Representative Scott N. Bighorse Representative David Derby Representative Tad Jones Representative Eric Proctor U.S. Senator Tom Coburn U.S. Senator Jim Inhofe U.S. Representative Dan Boren U.S. Representative John Sullivan To Contractors: If you want copies of correspondence from the Oklahoma Department of Commerce to your office mailed to your administrative consultant, please fill out and sign this form and return it to the address at the bottom of the page. Please call Donald R. Hackler, Jr., at 800 - 879 -6552, extension 359, if you have any questions. NUTHORIZATION FOR MAILING COPIES OF CORRESPONDENCE The undersigned chief elected official of the Contractor named herein requests that a copy of all future correspondence from the Oklahoma Department of Commerce to Contractor be mailed to the Contractor's administrative consultant. The necessary information to fulfill this request is as follows: Nance of Contractor (City or County): CDBG Contractor Number(s): Naive of Administrative Consultant: FinnNaiue (If Applicable): Mailing Address: Phone Number: Cbief Elected Official Date Please complete and mail to: Charlotte Conant Office of Community Development Oklahoma Department of Commerce P.O. Box 26980 Oklahoma City, OK 73126 -0980 INSTRUCTIONS FOR ACCEPTANCE OF AWARD Please review and execute the following documentation and return it to Community Development at the Oklahoma Department of Commerce as quickly as possible. The execution of the enclosed contract is the formal acceptance of the award of Community Development Block Grant funds. If the enclosed documentations (items 2 -5) are not returned to Community Development at the Oklahoma Department of Commerce within six (6) weeks of the date of this letter, the award of Community Development Block Grant funds will be deemed to have been refused. Please sign all documents in black ink. 1. Copy of Signatories Currently on File With Us: If the Oklahoma Department of Commerce (ODOC) has received a Certificate of Authorized Signatures (Signatory) form from you within the last 12 months, a copy is attached. If the signatories shown on this copy are still the same, you may skip paragraph #2 and proceed to paragraph #3. If there is to be a change, or if we do not have a Signatory form less than 12 months old, please proceed to paragraph #2. 2. Signatory Form: Please ensure that the Signatory form is completed before the contract document is signed. The person or persons who are to have the authority to sign the ODOC contract and contract modifications are to sign the Signatory form under the `Contract Signatories" section in the blank after their typed name and title. The persons (there should be at least two) who are to have the authority to sign Requests for Funds and official reports are to sign the Signatory form under the 'Fiscal Signatories" section in the blank after their typed name and title. The chief elected /appointed official is to sign the document at the bottom of the form. Please note that only elected or appointed officials of you Town, City or County may sign contract or financial documents. Note: The Notary Public who notarizes the Certificated of Authorized Signatures must include their notary seal, official signature, commission number and the expiration date of their notary seal, official signature, commission number and the expiration date of their notary public commission. If any of the above - mentioned information is omitted, the document will be returned to be completed correctly, which will delay the execution of the contract. Please also be aware that if the City /County Clerk is listed on the document as an authorized signature, they cannot notarize the document. 3. Contract Certification Regarding Lobbying: Federal regulations require that a "Contract Certification Regarding Lobbying" be executed on all federally funded contracts of $100,000.00 or more. If your contract is for $100,000.00 or more, this form is also enclosed and must be completed and returned. Any contractor Page 1 of 2 CERTIFICATE OF AUTHORIZED SIGNATURES I, Stephen Cataudella certify that I am Name the chief elected or appointed official of the City of Owasso Name of Organization (city /county /non - profit, (hereinafter Contractor), which contracts with the Oklahoma Department of Commerce. I certify that each such contract will be signed for and on behalf of Contractor pursuant to authority granted by its governing body and within the scope of its legal powers. I certify that the persons named below as contract signatories are authorized to sign all contracts and related documents issued to Contractor by the Oklahoma Department of Commerce's Office of Community Development and that the persons named as Fiscal Signatories are authorized to sign all fiscal and record- keeping documents on behalf of Contractor. This certification is effective with the date shown below and shall remain in effect until revised or canceled by Contractor. CONTRACT SIGNATORIES (Please Select Three) Stephen Cataudella Typed Name and Title of Contract Signatory Signature D_ 1_ rail Typed Name and Title of Contract Signatory Signature Susan Kimball Typed Name and Title of Contract Signatory Signature FISCAL SIGNATORIES (Please Select Three) Rodney J Ray Typed Name and Title of Fiscal Signatory Signature Tim Rooney Typed Name and Title of Fiscal Signatory Signature Typed Name and Title of fiscal Signatory Signature CONTRACTOR RECOGNIZES THAT IT HAS FULL RESPONSIBILITY TO GIVE THE OKLAHOMA DEPARTMENT OF COMMERCE TIMELY NOTICE OF ANY CHANGE IN THE INDIVIDUALS DESIGNATED ABOVE, OR OF ANY CHANGE OR LIMIT IN THEIR AUTHORITY, INCLUDING THE TYPE OF PROGRAM OR AMOUNT CONTRACTED FOR. STATE OF OKLAHOMA COUNTY OF (Signature — Chief. Elected or Subscribed and sworn to before me this Appointed Official) day of 20 Stephen Cataudella Mayor (Typed Name & Title) Notary Public (or Clerk or Judge) (Date) (SEAL) MY COMMISSION EXPIRES MY COMMISSION NUMBER (OVER FOR INSTRUCTIONS) 1" 11 CONTRACT — CDBG PART I SUMMARY AND SIGNATURES I - IofI FEI #73- 6069613 Contracting Agency: Oklahoma Department of Commerce State of Oklahoma (ODOC) Contractor: City of Owasso Contract Title: Community Development Block Grant (CDBG) Contract Number: 12985 CDBG 07 Contract Amount: $58,696.00 Source: U.S. Department of Housing and Urban Development (HUD). Catalog of Federal Domestic Assistance (CFDA) Number 14.228. Funds from Fiscal Year 2007 Funding Period: October 1, 2007 through October 1, 2009 Submit Requisitions to: Issue Payment to: Community Development City of Owasso Oklahoma Department of Commerce P.O. Box 180 P.O. Box 26980 Owasso, OK 74055 -0180 Oklahoma City, OK 73126 -0980 Agreement Components: Part I - Summary and Signatures Part II - Terms and Conditions SIGNATURES - EXECUTION OF CONTRACT AGREEMENT The rights and obligations of the parties to this contract are subject to and governed by Part II - Terms and Conditions. EXECUTED BY: EXECUTED BY: City of Owasso Oklahoma Department of Commerce Signature of Mayor /Chairman Vaughn Clark, Director Community Development Stephen Cataudella Typed Name & Title of Mayor /Chairman Date Date ATTEST: Signature Typed Name and Title (CITY SEAL) CDBG 07 2 4 PART II - TERMS AND CONDITIONS AVAILABILITY OF FUNDS lI -1 of 11 Payments pursuant to this contract are to be made only from monies made available to the Oklahoma Department of Commerce (ODOC) by the U.S. Department of Housing and Urban Development (HUD) for the CDBG Program for non - entitlement areas. Notwithstanding any other provisions, payments to the Contractor by ODOC are subject to the availability of such funds to ODOC as determined by federal and /or State action and /or law. ODOC may take any action necessary in accord with such determination. MODIFICATION AMENDMENT a. This contract is subject to such modification as may be required by federal or State law or regulations. Any such modification may be done unilaterally by ODOC. b. This contract may be for a multi -year project and as such may be extended, renewed or otherwise amended. Any extensions or renewals must be approved by ODOC. C. Revisions to the contract and the attached budget, which is a part of this contract, must be approved in writing in advance by ODOC. d. A waiver by ODOC of any provision of this contract must be in writing and signed by the Director of ODOC or designee. ODOC ODOC will provide funding for the project up to the total amount listed in Part I: Total Project Funding. ODOC shall perform monitoring to assess the Contractor's financial and program compliance and progress but said monitoring and evaluation shall not relieve the Contractor of any obligation or duty under this contract. CONTRACTOR a. The Contractor agrees to perform those duties, obligations and representations contained in its application and to be bound by the provisions of its application, all amendments thereto and all correspondence relating thereto, which were submitted to and accepted by ODOC in contemplation of this contract, said application being incorporated herein and made a part hereof by reference. Any conflict between said application, amendments and correspondence and the provisions of this contract shall be controlled by this contract. b. None of the work and services covered by this contract may be subcontracted without prior written approval of ODOC. All compensated administrative consultants engaged by the Contractor must be Certified CDBG Administrators. However, said determination by ODOC shall not relieve the Contractor of its CDBG 07 Il - 2 of 11 independent obligation to ensure that such persons are fully qualified, and able to perform the duties they have contracted to perform. c. In no event will any subcontract or subcontractor incur obligation on the part of ODOC. d. The Contractor shall comply with all requirements of the ODOC Contractors Implementation Manual. The Manual is hereby annexed and incorporated and made a part of this contract. The Manual may be amended during the current contract year by ODOC. All amendments shall be based on changes in federal and State laws or regulations and shall be mailed to the Contractor at the address indicated in Part I of the contract. e. The Contractor shall commence actual construction or otherwise begin implementation of the funded project within two hundred seventy (270) days from the start date of the contract. f. Upon notification of meetings or training sessions scheduled by ODOC, the Contractor shall ensure the attendance of any person performing services under this contract whose presence is requested. 5. EMPLOYEE BENEFITS The Contractor has full responsibility for payment of Workers' Compensation insurance, unemployment insurance, social security, State and federal income tax and any other deductions required by law for its employees. 6. CERTIFICATIONS BY CONTRACTOR a. The Contractor expressly agrees to be solely responsible to ensure that the use of monies received under this contract complies with all federal, State and local statutes, regulations and other legal authority, all as modified from time to time, that affect the use of said monies. b. The Contractor specifically certifies and assures that it will comply with applicable terms of the following statutes, regulations and executive orders and any amendments thereto: (1) Equal Opportunity (a) Title VI of the Civil Rights Act of 1964 (42 USC § §2000d, et seg.), which prohibits discrimination on the basis of race, color or national origin under any program receiving federal funds. HUD regulations are at 24 CFR, Part 1; (b) Title VIII of the Civil Rights Act of 1968 (42 USC § §3600 -3620, 1988), popularly known as the Fair Housing Act; (c) Executive Order 11063 (1962) as amended by Executive [a TIC "I H -3 of 11 Order 12259, which requires equal opportunity in housing. HUD regulations are at 24 CFR, Part 107; (d) Section 109 of the Housing and Community Development Act of 1974, which prohibits discrimination on the basis of race, color, national origin or sex in connection with funds made available pursuant to the Act. Section 109 also prohibits discrimination on the basis of age and disability as provided in: (i) Age Discrimination Act of 1975 (42 USC § §6101, et se g., State Program, Final Rule); (ii) Section 504 of Rehabilitation Act of 1973 (29 USC 794); Regulations are at 24 CFR, Part 570.601; (e) Section 3 of the Housing and Urban Development Act of 1968 (12 USC §1701u), which requires that, to the greatest extent feasible, opportunities for training and employment be provided to lower- income persons in the project area and that contracts for work in connection with the project be awarded to businesses in or owned in substantial part by residents of the project area. Regulations are at 24 CFR, Part 135; (f) Executive Order 11246 (1965), which prohibits discrimination on the basis of race, color, religion, sex or national origin and requires affirmative action in connection with federally assisted construction contracts. Regulations are at 24 CFR, Part 130 and 41 CFR, Part 60 -1; (g) Section 504 of the Rehabilitation Act of 1973, as amended, which establishes policies, goals and procedures for assuring no otherwise qualified individual with disabilities is, solely on the basis of the disability, denied benefits, subjected to discrimination or excluded from participation in any program or activity receiving federal assistance. (2) Labor Standards (a) Davis -Bacon Act (40 USC §276a- 276a -5), which requires payment of the prevailing wage for the locality to workers on construction contracts over $2,000. Housing rehabilitation projects of fewer than eight units are exempt. Regulations are at 29 CFR, Part 5. The Contractor further certifies that it shall include in its bidders' packages the U. S. Department of Labor Wage Determination List and a statement that the Contractor and any subcontractors must comply with these wage rates in performance of the work required; e : alffi lI -4of11 (b) Copeland (Anti- Kickback) Act (18 USC §874, 40 USC § 176c), which applies to all contracts covered by Davis - Bacon and provides that workers must be paid weekly, with only permissible deductions allowed. Regulations are at 29 CFR, Part 3; (c) Contract Work Hours and Safety Standards Act (40 USC § §327, et se q. , which requires overtime compensation. Regulations are at 29 CFR, Part 5; (3) Environment (a) National Environmental Policy Act of 1969 (42 USC § §4231, et se q. (NEPA), and other provisions of law that further the purposes of the Act as specified in HUD Environmental Review Regulations at 24 CFR, Part 58; (b) The Contractor's chief executive officer hereby assumes the status of a responsible federal official under NEPA and accepts jurisdiction of the State and federal courts for the purpose of enforcement responsibilities as such an official; (4) Acquisition and Relocation Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (P.L. 91 -646, P.L. 100 -17). Section 305 of Title III and Section 210 of Title II require State and local recipients .to comply with real property acquisition and relocation requirements set forth in said Act. Regulations are at 49 CFR, Part 24; (5) Lead -Based Paint Title IV of the Lead -Based Paint Poisoning Prevention Act (42 USC § §4821, et se4•), which prohibits the use of lead -based paint in residences for which federal assistance is provided. Regulations are at 24 CFR, Part 35; (6) Debarment and Suspension The Contractor certifies it will require certification from subcontractors that neither the subcontractor nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any proposal submitted as required by 24 CFR, Part 570.489; Finding? of Exemption: With regard to the environmental requirements of NEPA and the environmental requirements of related federal authorities, it is the finding of the Contractor that the activities of Administration and Engineering located in 24 CFR 58.34(a) are exempt activities. Upon execution of this contract the activities of Administration and Engineering require no further environmental review. M3K1TIl 11 -5of11 d. Finding of Categorical Exclusion /Not Subiect to 24 CFR 58.5: With regard to the environmental requirements of NEPA and the environmental requirements of related federal authorities, it is the finding of the Contractor that the activity of Purchase of Equipment located in 24 CFR 58.35(b) is a Categorically Excluded activity not subject to 24 CFR 58.5. Upon execution of this contract this activity requires no further environmental review. 7. HOLD HARMLESS CLAUSE The Contractor shall, within limitations placed on such entities by State law, save harmless the State of Oklahoma, its agents, officers and employees from all claims and actions and all expenses defending same that are brought as a result of any injury or damage sustained by any person or property in consequence of any act or omission by the Contractor. The Contractor shall, within limitations placed on such entities by State law, save harmless the State of Oklahoma, its agents, officers and employees from any claim or amount recovered as a result of infringement of patent, trademark or copyright or from any claim or amounts arising or recovered under Workers' Compensation Law or any other law. In any agreement with any subcontractor or any agent for the Contractor, the Contractor will specify that such subcontractors or agents shall hold harmless the State of Oklahoma, its agents, officers and employees for all the hereinbefore- des crib ed expenses, claims, actions or amounts recovered. In the event the Contractor chooses to use volunteer labor to assist in the project activities, the Contractor shall bear any and all liability for any injury or harm caused by the volunteer labor or any harm or injury to the volunteer labor. POLITICAL ACTIVITY All employees of the Contractor shall observe the limitations on political activities to which they may be subject under the Hatch Act (5 USC §§1501, et sea., 18 USC §595 and any amendments thereto). b. No portion of the contract funds may be used for any political activity or to further the election or defeat of any candidate for public office. C. No portion of the contract funds may be used for lobbying activities. NO- CONFLICT COVENANT The Contractor covenants that no officers or employees of any governing board of the Contractor have any interest, direct or indirect, and that none shall acquire any such interest during their tenure or for one year thereafter that would conflict with the full and complete execution of this contract. The Contractor further covenants that in the performance of this contract no person having any such interest will be employed. The Contractor covenants that no employee of ODOC has any interest, direct or indirect, nor has any employee of ODOC received anything of value in connection with this contract. CDBG 07 11 - 6 of 11 10. PUBLICATIONS AND OTHER MATERIALS No material produced in whole or in part under this contract shall be subject to copyright in the United States or any other country. ODOC shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other materials prepared under this contract. b. Any publication or other material produced as a result of this contract shall include in a prominent location near the beginning the following statement: This (type of material) was financed in whole or in part by funds from the U.S. Department of Housing and Urban Development as administered by the Oklahoma Department of Commerce. 11. CONTRACT ADMINISTRATION The Contractor shall comply with 24 CFR, Part 570, Community Development Block Grants State Program Final Rule, and OMB Circular A -87, Cost Principles for State and Local Governments, except as directed otherwise in writing by ODOC, as they relate to the application, acceptance and use of federal funds and with the Oklahoma Department of Commerce requirements pursuant thereto, which are published in the ODOC Contractors Implementation Manual. 12. COMPENSATION TO CONTRACTOR Funds made available pursuant to this contract shall be used only for expenses incurred during the period funded as specified in Part I for the purposes and activities approved and agreed to by ODOC. No ODOC funds may be used for expenses incurred prior to the contract start date. No ODOC funds may be used for expenses incurred after the contract end date. ODOC shall disburse funds to the Contractor upon receipt and approval by ODOC of timely, properly executed Requests for Funds. The Contractor may submit a Request for Funds as often as necessary to meet its financial obligations. All funds received shall be expended within fifteen (15) days of receipt. No funds shall be disbursed by ODOC when any of the following conditions are present: (1) The latest Monthly Expenditure Report due has not been received and accepted by ODOC. The Contractor is required to submit a Monthly Expenditure Report by the tenth (10th) of the month following the receipt and /or expenditure of funds; (2) Funds are requested for activities not listed on the contract budget or are in excess of the current budget amount for a particular activity. All requests for funds should be submitted to ODOC during the period funded. A final claim may be submitted no later than sixty (60) days after the final date of the period funded. Said claim will CDBG 07 H - 7 of 11 be allowed only for reimbursement of actual expenditures. Any claim submitted after the sixty (60) days may be disallowed by ODOC. d. If ODOC determines that payment based on estimated expenditures is resulting in accumulation of excessive balances of cash on hand, ODOC may modify the basis for compensation to the Contractor to effect proper cash management. e. Payments by Contractor for administrative services will be made in conformance with the following schedule: Maximum Fee (Cumulative) Activity 25% Release of funds 90% During project implementation - paid on a pro rata basis as project funds are expended 100% Project Completion Report filed If a question arises as to the validity of any claim made under this contract and the parties are unable to resolve such question by negotiation, then the Contractor may request a resolution of the question pursuant to the terms of this contract and the administrative procedures available through ODOC rules promulgated pursuant to the Oklahoma Administrative Procedures Act, 75 O.S. § §250, et sea. 13. RELEASE OF FUNDS a. No costs, with the exception of administration and engineering, shall be incurred until after the Contractor has received written notice from ODOC that the Contractor has satisfied the specific requirements listed herein for release of funds. The Contractor may submit a request for release of funds for this activity prior to the release of other funded activities. b. The Contractor shall meet required Release of Funds requirements within one hundred twenty (120) days after the beginning of the contract period. In accordance with Requirement No. 401 of the Contractors Implementation Manual and other policies as noted below, the Contractor shall submit to ODOC "Release of Funds Requirements and Request for Release of Funds" and required supporting documentation as follows: (1) Environmental Review: The Contractor shall complete an Environmental Review for each contract activity with the exception of exempt activities and categorically excluded activities not subject to 24 CFR 58.5, i.e., administration, engineering and purchase of equipment (See Requirement No. 403); (2) Leverage Commitment: The Contractor shall submit Certification of Leverage (Form 401 -B), certifying that leverage funds are available and identifying the source and amount in accordance with approved application and CDBG 07 11 -8of11 Requirement No. 401; (3) Insurance and Bonding: The Contractor shall submit evidence of: (a) General liability insurance covering the funded activities; and (b) Bonding of all officials who are responsible for financial transactions relating to this contract; (4) Anti - Displacement Plan: The Contractor must adopt and submit an Anti - Displacement Plan in accordance with ODOC Requirement No. 401; (5) Other: Special conditions in accordance with this contract and ODOC Requirement No. 401 as follows: (a) Contractor has met any special conditions specified in Section II of this contract; (b) Contractor's audit has been accepted and approved by ODOC; (c) Contractor has attended a CDBG training session. 14. PROCUREMENT a. Procurement, management and disposition of property acquired with contract funds shall be governed by federal and State law, and as directed by ODOC in the Contractors Implementation Manual. Applicable State laws include the Public Competitive Bidding Act of 1974, 61 O.S. §§101, et se q. b. Materials acquired for construction purposes shall be deemed real property once they have become part of the improvement. 15. RECORDS, REPORTS, DOCUMENTATION a. The Contractor shall maintain records and accounts, including property, personnel and financial records that properly document and account for all project funds. Specific types and forms of record are required in the ODOC Contractors Implementation Manual. b. The Contractor shall retain all books, documents, papers, records and other materials involving all activities and transactions related to this contract for at least three (3) years from the date of submission of the Final Expenditure Report or until all audit findings have been resolved, whichever is later. All records and accounts shall be made available on demand to the Oklahoma State Auditor and Inspector, HUD, the Comptroller General and ODOC, its agents and designees for inspection and use in carrying out its responsibilities for administration of funds. C. The Contractor will submit to ODOC documentation of local CDBG 07 11 - 9 of 11 leverage funds used for the project in such form and at such times as required by ODOC. d. The Contractor has not paid, given or donated or agreed to pay, give or donate to any officer or employee of the State of Oklahoma any money or other thing of value, either directly or indirectly, in the procuring of this contract. 16. CLOSING OUT OF CONTRACT a. The Contractor shall promptly return to ODOC any funds received under this contract that are not obligated as of the final date of the period funded. Funds shall be considered obligated only if goods and services have been received as of the final date of the period funded. b. ODOC may unilaterally modify this contract to subtract the total amount of funds not obligated by the Contractor as of the final date of the period funded. C. The Contractor cannot close out the contract until the project is completed and all monitoring issues have been resolved and approved by ODOC. d. The Contractor shall submit closeout documents in accordance with ODOC Requirement 410 no later than sixty (60) days after the final date of the period funded or upon completion of the project, whichever comes first. 17. AUDIT, DISALLOWED COSTS a. The Contractor shall comply with ODOC's Audit Policies and Audit Procedures, which are incorporated herein and made a part hereof. b. The Contractor shall provide ODOC with timely copies of reports on any audits that include funds received from ODOC. C. In the event an audit results in the determination that the Contractor has expended contract funds on unallowable costs, the Contractor shall reimburse ODOC in full for all such costs. d. Notice is given to cities and towns that House Bill 1670 of First Session of the 50th Oklahoma Legislature has legislated changes to the audit requirements of cities and towns. Cities and towns are encouraged to review the referenced legislation. 18. PROGRAM INCOME The Contractor shall account to ODOC for all Program Income resulting from this agreement, as provided in 24 CFR 570.489(e) and any amendments thereto. Disposition of Program Income will be determined by ODOC. 19. INTERPRETATION, REMEDIES a. In the event the terms or provisions of this contract are breached by CDBG 07 H - 10 of 11 either party or in the event a dispute shall arise between the parties regarding the meaning, requirements or interpretation of the terms and provisions of this contract, then such breach or dispute shall be resolved pursuant to the terms of this contract and the administrative procedures available through ODOC rules promulgated pursuant to the Oklahoma Administrative Procedures Act, 75 O.S. § §250, et seg. b. Neither forbearance nor payment by ODOC shall be construed to constitute waiver of any remedies for any default or breach by the Contractor that exists then or occurs later. C. This contract shall be construed and interpreted pursuant to Oklahoma law. 20. TERMINATION OR SUSPENSION a. This contract may be terminated or suspended in whole or in part at any time by written agreement of the parties. b. This contract may be terminated or suspended by ODOC, in whole or in part, for cause, after notice and an opportunity for Contractor to present reasons why such action should not be taken. Procedures for such a process shall be in accordance with the General Rules of Practice and Procedure of the Department. Grounds constituting cause include but are not limited to: (1) The Contractor fails to meet the requirements for Release of Funds within one hundred twenty (120) days after the beginning of the contract period; (2) The Contractor fails to commence actual construction or otherwise begin implementation of the funded project within two hundred seventy (270) days from the start date of the contract; (3) The Contractor fails to comply with provisions of this contract or with any applicable laws, regulations, guidelines or procedures, including ODOC policies and issuances, or is unduly dilatory in executing its commitments under this contract; (4) Purposes for the funds have not been or will not be fulfilled or would be illegal to carry out; (5) The Contractor has submitted incorrect or incomplete documentation pertaining to this contract; (6) The Contractor is unduly dilatory in executing its commitments under a prior contract with ODOC, including, but not limited to submission of any audits due, resolution of audit findings and monitoring results. C. In the event of termination or suspension, the Contractor shall be entitled to payment for otherwise valid and allowable obligations incurred in good faith prior to notice of such action and to C�7�3� reimbursement for reasonable Contractor shall reduce to the prepaid expenses and other costs. H- 11 of 11 and necessary expenses. The minimum possible obligations, d. The Contractor shall not be relieved of liability to ODOC for damages sustained by ODOC by virtue of any breach of this agreement by the Contractor. ODOC may withhold payments due under this agreement pending resolution of the damages. e. ODOC reserves the right to cancel, suspend or terminate this contract without notice, in the event the Contractor has outstanding issues relating to another contract with ODOC. These issues include but are not limited to: (1) Failure to timely submit any required reports; (2) Failure to respond to any communication from ODOC; and (3) Failure to abide by any programmatic or ODOC requirements. 21. SEVERABILITY CLAUSE If any provision under this contract or its application to any person or circumstance is held invalid by any court of competent jurisdiction, such invalidity does not affect any other provision of this contract or its application that can be given effect without the invalid provision or application. Contractor: Effective Date: Program Year: Grant Application Year: Contract # / Funding Source BUDGET CATEGORIES City of Owasso 10/1/2007 2007 2007 12985 CDBG 07 ACCOUNT NUMBERS BUDGET AMOUNTS PLANNING 551020 ENGINEERING 551030 ARCHITECTURE 551031 INSPECTION 551032 HOUSING REHABILITATION 551049 ACQUISITION & DISPOSITION 551050 CLEARANCE /DEMOLITION 551070 UTILITIES 551080 WATER SYSTEM 551090 SEWER SYSTEM 551091 SOLID WASTE 551100 AMBULANCE 551161 FIRE PROTECTION 551160 HANDICAPPED 551044 COMMUNITY FACILITY 551110 SENIOR CITIZENS CENTER 551112 PARKS 551150 $58,696.00 STREETS 551180 FLOOD & DRAINAGE 551190 OTHER: Legal, Survey, Easement 551210 TOTAL PROJECT COST $58,696.00 PUBLIC FACILITIES ADMIN 551010 DIRECT GRANTEE ADMIN 551018 TOTAL ADMINISTRATION $0.00 TOTAL CDBG $58,696.00 LEVERAGE MATCHING FUNDS $58,696.00 TOTAL PROJECT COSTS $117,392.00 Signature of Authorized Official PROJECT DESCRIPTION: Date Funds will be used for the construction of a publicly owned Restroom in the Neighborhood Rayola Park located in a low and moderate income area in the City of Owasso. PROJECTED COMPLETION DATES Release of Funds: w r,. ,S' Z00�3 Engineering: Ge6r < pp,8 Construction: ---ruoe 30 2005 MEMORANDUM TO: HONORABLE CITY COUNCIL FROM: STEPHEN CATAUDELLA MAYOR SUBJECT: APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS DATE: October 11, 2007 BACKGROUND: Pursuant to authority contained in Article 2, Section 2 -4, subsection (e) of the Charter of the City of Owasso, the City Council has established ordinances that provide, generally, for the Mayor to appoint members to various boards, commissions, trusts, and committees; such appointments subject to confirmation by the City Council. Additionally, the Council has established the same procedure, by precedent, for those appointments not specifically addressed by ordinance. It is, therefore, the purpose of this memorandum to recommend for Council confirmation the following appointments to the positions as indicated: • AUDIT COMMITTEE (Term expires 6/30/2008) Kevin Cavanaugh, Business Person Representative • REGIONAL METROPOLITAN UTILITY AUTHORITY (Term expires 6/30/2008) Rodney Ray, City Manager • METROPOLITAN ENVIRONMENTAL TRUST (Indefinite term) Tim Doyle, Public Works Department RECOMMENDATION: I recommend Council confirmation of the above appointments. MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: FINAL PLAT — PRAIRIE VILLAGE DATE: October 10, 2007 BACKGROUND: The City of Owasso has received a request to review and recommend approval of a final plat proposing one multi - family lot on approximately 2.83 acres located at the northwest corner of East 116th Street North and North 129th East Avenue. A general area map is attached. EXISTING/PREVIOUS LAND USE: Residential SURROUNDING LAND USE: Land to the north, south and west of the site is currently used for large -lot single- family residential purposes. The property across 129th East Avenue to the east is undeveloped. PRESENT ZONING: RM -1 Multi - family PUD DEVELOPMENT PROCESS: The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS: The applicant is requesting this review in order to facilitate a senior independent living multi- family development on 2.83 acres. Since this is a one lot development there is no preliminary plat required. In a regional context, this proposed addition is in conformance with the Owasso 2015 Land Use Master Plan, as the area is forecasted for transitional development. Already, there is an emerging pattern of new development occurring along 116th Street, with Brookfield Crossing and Remington Place to the west and Garrett Creek and Morrow Place to the east. The proposed final plat satisfactorily meets the requirements established in the Owasso Zoning Code. The development will be served by water by Washington County Rural Water District #3 and sewer by the City of Owasso. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the final plat September 26, 2007. At that meeting, utility providers, as well as staff, were afforded the opportunity to comment on the plat and request any additions and/or concerns. The Technical Advisory Committee placed the following comments on the plat: 1. Storm siren fee: $16 per acre, $45.28 total 2. Remove the 24.5' statutory right -of -way notation (60' of right -of -way is being dedicated along East 116th Street and North 129th East Avenue by this plat to accommodate future road widening) 3. Show a 20' utility easement on the south and east sides of the property 4. Show required plat language in the declaration of covenants PLANNING COMMISSION HEARING: The Owasso Planning Commission heard the request on October 8, 2007. At that meeting, the Planning Commission unanimously recommended approval of the final plat. No citizens spoke at the public hearing concerning the request. RECOMMENDATION: The staff recommends approval of the Prairie Village final plat subject to the Technical Advisory Committee requirements described above. ATTACHMENT: Map Final Plat -- --- --1 L- --- -.._. - .....1 --._. Owasso community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com Subject Property E. I I ds� T. Final Plat Prairie Villiage Addition PLAT NO, Draft Final Plat Prairie Village Addition Apart of the SEX of Section 5, T-21-N, R-14-E, of the I.B. & lVl, City of Owasso, Tulsa County, State of Oklahoma 0 30 60 90 Addition has I Lot in I Block and I" - 30' contains 2.83 acres, more or less. R - 14 - E PUD 06-03 EAST I .6,h I sqb, .141Z Er r Z IP N 88-47'23* r, 425-00' CAST 11611,.STRFETNORTH C—I 470 a Pe LOCATION NtAP Em. ter T-- OEEN0NIr OWNER WEMEW Prairie Village Limited Partnership 12877 E. 118th Street North t 5950,E-! 31!1 V T, OK 94C3� 74' 35 (918) 66— ()Q- Block I Lot I SURVEYOR Harden mil & Associates Surveying and Mapping, PC 2001 South 114th East Avenue Tulsa, Oklahoma 74128 (918) 234-4859 Certificate of Authorization No. 1656 '0' U/r—, 10]7 of WP. Expires June 30. 2009 Ll VREU RWGff- K �%� WAI M BE DED-TO In I L ENGINEER L ------- ----- - -- -- 4--J THIS IUT Khoury Engineering, Inc. 1435 East 41st UIr Street Tulsa, Oklahoma 74105 ID' R19m, -W, Ent 366.00, (918) 712-8768 ,,ft . Certificate or Authorization No 3751 R el to —o--- ur Expires j,no 30. 2009 — — — — — — — — V9 -- BEARING BASIS — — — — — — — — — — . ...... _7 -w-CF-WAY lqtk ST. N� — -- — - The ear . n shown he are b—cl on Oklahoma State Plan. Coordinate System – NER of 3— Re j S-Ito. 5. T-21-N, fl -14-E HE NAD 1983 (1993) ....... . ....... MMVIISVM'� . ......... . . . ....... LEGEND PobK Dobd D.—h 31. 470 . P". B/L BUILDING LINE U/E UTILITY EASEMENT Addresses shown an this plot were ac-rote at the time this plot was filed. Addresses are subject to change and should never be relied on in place FLOOD NOTE of legal description This property is located in flood zone "X-UNSHADED" (net within . Special Flood Hazard Area). . a per Flood Insurance Rate Map, Prairie Village Addition, Tulsa County Community Panel No. 400462 0229H. effective Draft Final Plat. SCPECMbCT 10, 2007 date: September 22, 1999. SHEETIOF2 D od of Get Ill. and Deebnfkn o1 R..W.Uw Cavenonb KNOW ALL MEN BY THESE PRESENTS; Vintage Hecain9. Inc. (the 'Ownei) bemq me owner of the lvlloxieg described recl pnpedy (lM 'Properly') .Il-1. In the Cit, a Dwvaae, Toha Cnnly, Slate of DkleMmo: The East 425 feel of the South 290 feel of the SeutMeal puaHer of the S.uth..t Ouart,r (SE/4. SE/4) of Saclki Fine (5). Township Teenly -ore (21) North, Range Fourteen (14c Eert W the hale, Be,. and Me al.r. Wee Caunly, Slate of Ckbhoma, a caOGW to the United Stole, ll a meet survey thereof. h.e ..weal the anme to b, lemyed. Slaked, end platted in .,,family eith lM omponYiI plot. red he, tlealgnoted the a 'Pei! Wage Addition'. a 11 aubdivbbr In the Cib of Owano, Tuha C -ty. Stole of Oklahoma. SECTION L EASEMENTS AND UTILITIES A UTILITY EASEMENTS %eept a Nmiled and a d Mbw, Me Oear done Mnby dedicate, Ter Mo CRY .1. miry .a.ment. the Utility ......It. v. depicted ,n IM oeeempanyinq Plot m 'U/E', on Ee.pnaled on the ..... npaming plat for the ..wrol ln.," •e el Ze1Muatinq, olnlolninq, epsroting. P.41 9n ving, r.pbeing p.bne W1111h•, Meladrg, put W I'll" to: •anll,ry • , telephone d co mu Il Mn IMMI, .leclrk P.- lines ontl I one.no.n, natural gee M.•, and water Zinn, together with all THIMS, • h o. PeW. We.. centlLin, pipes, .ties, metro and .,.,Pmenl Ter ee.n of aueh foci Hbe. and aptpurlenoncea lh.rcta; ilh 1M ri,hte of ingnro.l antl agree, 10 and pan the atraela, ante orb rgoh -of -way for the nee red Pap.am for.00ld. No buiWing, .Irvelae. or y -her above ground or bob. gruund abalnel'wn that w M1Mae rRh the purpaae. of.-id '11 be pla..d, enotea. ' ,lolled a Permitted within or upon pry .lneL ....... I. or dght -of -way .hewn an cold pleU NOWEVER,I ontl Pldne ,il9n4 f9ht opoe1n, long o" acv rMS fencm Irelvining xalN aantl other .d... lmprowmvnla that do NI eon.UlWe vn obaWClion to very moment. FURTHER PRONDED. that the Owner m a the rigbl to Inata11 light pole, within the Wigy ear meat pr.kod that the he,eeet the oleo do n t nidrge Into Me Writy line. M Me eve t any user of o uli� v 1 n w• FgMOpoln located within me mewl. tM Owner Noll be penilMe for •toing the light pole, to it. prior b .lion. Wien an Owner place, o sign or light Wpcle within the .oamnt. the Deans .MII net aatah or ear IMing Mee NO., Tth.W IM uUnly a.n od . fu., sent. Arty cwt. eneelW.d with alts didurba or m.emenl of .bong sank. Gram eeaad by Demae..Wive. Nall be Mme saby by Me -.1 B UNDERGROUND UTILITIES 1. 0-maod Me, for .upFy of ek.tric. 10.p I. and c.bk bievbinn ore ' n met, be be Wed .shin the pedmeler ecaemenle of the aubdviaion. Street fight pain ar standard, mq be o .d by ..mead line or der aUnd eabb and ah,,h, hl.hbn U r.ghaul In. .ubtlNl.bn. Al "Ply Ile,, Inebdrg I.elrk, felephan, eo and gee ton shall M lonl.tl nd;gnund in the ....ment oo, d•dcoled for geNnl utility .ervkva o d In Me rignla-ol-woy 1 its puler 1-1* 111 depleted Me ecnmpanyirg plot. Servke p.dea,k ntl troruformen, ...mere W aupply eta aeevnd,ry voavga0. mq oho be bested in the ..lament cap. 2. Underyr.nd •e cable, ,nd qaa ore a Gne, to all bmeWne whic' Try be lore- within tM Cabdiviaion m. b• ry •from the m n•t gee math .e n p.g%[al or trnaformer b the point of nags determined Aided baWbn rob con.buat.I el such atmature oe may be baled upon IM let IN that upon the Inlellatin of .ervica a ble o q .l..Me. IM. to ppoolUCUlvr elrnlurc, the ppohr of ,rWc, boll Ihereoller be deemed to hare a Eefli ponmamnt, offvellve nd eX Iwire� Al -of -way one m.W an the b4 a ring e 5 feet trip .elendrg 25 feel o e h old. W the se .able or 6th edending from the qaI main, aemn pednlol or tronaforma to the acMKe ntnnee n the I.It. . 3. Th. a.pp6er of .teelde, f.lephan0. ee mu kWion, and qo. nrvlen, mraugh its p tear agent, and employe,; share otrn 11 Umea Mw the dghl of een ball t -wop .town a the Naompvnying plat er o1MIWin povm•tl for In tAh 2eetl of dealle n tar lM Purpa. el In.lvlling, malnivinirg, Nlg, or ,toeing any ,Mien of the a d--.nd declrk, lelephane, cote IekNabn or qva faciGlin Mof.H.If or mafnloead by IN auppMr of the .filly aeMCe. 4. thin, a,prany approved to be ob.e ground, all WII'die. %hall be underground. S. The -.or of the let .hall be n.pamlli for the protection DI Me und.M.nd ..MC. focilllle• basted on M1b lot end eMll aewIn Ms 7M.ratlnn e1 grog or eery -lineation . 9n%y hiah eWd lydeden elth Me e=e. felephom, ecNe lele ftn c 9aa IecilNba. Ce h auppGor of ore atoll M nponaible Ter eNNry m intense.. I Oderarountl reciGiln, but lM =eehell Pay Ter de-go a rcbealin of aueh IaelGBen .owed or -.6hole by ash of the owner a ht, agog er enmoelan. li The tangoing ronbi al forth M Paragraph B Noll be .,Far eevbh by .San upplbr of the 71"U"'. telephone, c""` U"""ion or g.l e,Me. and the owner of M. let agree• to be b.nd hereby. C. WATER, SANITARY SEWER, AND STORM SEWER 1. Th. ow r of IM bl .hall not danno- the publk eater mein,, a A., .ewer mein, and alarm User mein booted upn the lot. 2. Rural Water Ci.Wat No. 3, Wevhingin County, or in a e ..erg Nell b. rxponilbls I._vrdinvry maintenann of ,.bile viler maim. PRDNDED, the a of the lot shall Pay for the repair reMe.U- of ec on Inal ea coned or nec.liltot. by Me vela .f the owner or ht, regent. or contreaton. 3. Rural Water Oi•Irkl No. 3, WeNinahm County, .r He ,u n .1,111 et all three have right o1 to M ea,.... h gpiclM o the oeeomp. 'I pint or Mherwi,e aided fa Inelhi. deed e1 deell.0 n for the Purpose f imlalGnq, m Inlaintnq, nmwna 1r replacing any portion of the eater m.M.. 4. TM City of 0,.l Okbhama, o He e neon, %ton be repaa. be Ter an- n m Mlonann of I rlhig aenr moll, anticalam • Ina. PaONDED. then he - er of I let Shan ply for the 1.1ir or .1 ..ran of eaU.h /SOW. <aaetl o1 N oeeR.led by the eats of ON owner or We agent. or ... n—. 5. The City of 0...... Oklahoma, or ib auc n shall at o9 time, haw right o1 S, Mall aacmanb deported an the .... mpanying pilot or omanei.. p1.idM for In Ihl. tlend of dedc-den for the Pumoae of'"'U'U il. intaining, maNnq or roplocing any. portion of the ecnitary awe, maim, or .term rawer main. R. TM fongaing envy enh -=in In oarograph C atoll he forceable by IM CRY of Dwane, Oklahoma, o or 11.. acre d the owner of the lot vi to . hauntl hereby shall remain 1, full tone nand .Heat. D. CAS SERNCE 1. The sUpplhr of qua seMce through it, agnta and a plae, .hall at .11 time. have I right DI a to II a h sea m• e. shown a the ,loot or ., repairing. roritled for in W. earfl th, o1 d.oleaton for the porpo%e of In•t.11eii, m N, or repl.einq any poMbn of the foc911b, leedelad by lire a.ppli., of qaa rvke. 2. TM Owner of the lot shell be naponilblo for IM proteatbn of the und,,g,,,d go, Ivcllh;,, boated le their lot and shall prw.nl the - it era9aru gnde, or any .freer vonMroatbn Ocl ay, hlch M inled.n .lire IM goa eMOa. fie •uppli.r of the goa n e shall be napaalble for me ordnary molahmanee el aeW /ecNRln, but fAe 0x ,shall P, ,far damage er .Mention of f.elra.l need by neh of the O me , or its vgnla or emlroelon. 3. The lortgoinq covenant. at forth in We pomgnph atoll be enforceable by the supplier of the goa aeMn and the Den.r of no lot agree, to be Leund herby. L SURFACE STDRLTWATER DRAINAGE The property depleled n the po:yf, plat atoll drain the Corm and ..Aace evlen from the let le .Mee , ontl ea meata� The foregoing eo nanM .el forth M this pwvgnph ahvll be enloreeebk by any o11Med property owner ontl by lM City ai Deena, Oklahoma, or as F. PAVING AND LANDSCAPING 10THIN EASEMENTS My Party anomisln9 ec ment right, Mreunder .MIT M reopamale fur IN repair ontl r.pbce e,,1 1 oR In ec,ng red povieg w'Ahin the ,tiny enemenh on the lot in IM 1 it nary to pair or maintain arty ndorground uUGly service; PROVIDED HOWEVER, the Cib -1 Owano, Oklohemo, a the aupprr of the nderground .Brit aeriiee Noll ue rcv onble eon in Rn Pert Y nn a1 ...h aatildla. Nothing eat.;ned wtthb Ihia declaroGen Nolla be tlnmnd to aohfba drMa, parking one; a hbifl, land... Ping, and euatomary ecemi, f.ncn and walla that do not a eUtut. on oMWe9an. G, LIMITS OF NO ACCESS The Deeleronb do hereby n6nquhh rights of vehicular ingnn of earns wAhin any potion f the Property ndjpeenl to EaW 116th SUee[ North and Nndh 129th EDIt Avenue within tM bounds deaipated .. 'UNITS OF NO ACCESS' on the Dec.mpaeyinq plat ehkh ' LMTS OF NO ACCESS' M M toed a tined by me Cib of Owe .lo Pbnrring Cemmhaie, r as and an by the City of Dwmae. Okbnema, or D, elherean provided by the Iowa aid ;foiuin of. 1M Sal. of OMe"Ye pertdntna Ih.nta SECTION R ENFORCEMENT, DURATION, AMENDMENT AND SEVERABIUIY: A leferc.manL The natdclbn. herein eel IoM on n.nh le ro a ith the land and shell be Nndiep Upon the Owner. He •ee and aoi WiWn the proNalon. 01 S•afiec I, Strata, Eeamenl. antl Wlifthe are e,t form emale c .nW orb a fereemsnl dghn pdvinMg imenne d whether or net ...In .o on.d. me c be within S .1. 1 Noll inure to One be " of and be .nlaewbk by the City of Owen, OkIe= If the Owner, o M lens. MII Noble any' 1 the ewNms within Sedan J. me a pprr of Wifdy aoMea en the City o1 0vnao, Oklahoma may brmg on potion al law r in equity against the ,anon o pvrecn v'ab6rg m nHemPIMS to 'elute on� ...h covenant. to pronent him or them from ore gMq or to eomp.l nmprnce wins 1M e.a nl or b recover tl1m.q.a. B. Durulb, The.. reeVieffer. shall remal, In tun lens and 01.1 a 111 Jannry 30, 2020 and .hall vulamaticay be eonlinnd thereafter fa ,.....lire pariade of TO yeam, Lela. terminated or amended n Nwealter pr.WM. C. MnendeneaL The ennnmt, contained in Section I, Ev..man[, may be amended or terminated W am time by written in.Wment agreed red eeknxkdgnd by the w or of the lot and by the PIMMIN Commb.ian or A. au ilh the appnvol of IN City of DNA,.... Dklohama, No upendmal Inne o Len IlGly eeemmecl to be we.IM b IM until - O n- obtain a pnprloh : irg from the IOWA toad of Tub, Cwnty, Okl.Mm. or the wMMen cement of alit uOny u. n D. SmrnbrSly. bwuGaation al mq' n kUle in set fern herein, or an, part lMnol, by an antler, jud9TenA a drone of vmr eouM. or .thMeb0. shat Nl inra6dvte or difed any of the other rnlr!.Unv o/ w pots Mreef no at forth gamin, ehi.1, atoll rtmmn in full foraa and effect. SECTION M. PLANNED UNIT DEVELOPMENT RESTRICTIONS Wharec. P.6. Village we, .ubmilkd as a planned Unit d..Wpment (dngniled n Planned Unit Devebpmnl Me. DES -D3 .ntl Mrekefler r f Y. 10 oa 'Pbnn.0 Unit Daebpmenl No. 06-03' or the 'Planned Unit Dent=` or N lM'PUD'), I. provided rfhin Illation BID -560 11 the gel" C.. of me Clly of OwaI. Okbhom, WMreca Planned Ural Doeebpm•nl Nor. 06 -D3 wm oiRrmattvey recommended by me Owosso %anninq Commi .lTen en December 77. 2006 anal oppraad by me Cib Council al the City of Orono. Dkbhomo n Deeembn 19, 2006, the implemenlieg Ordneme Nor. BBO Ming atleplM an J.nuory 2, 2DD7 and pubMMd on Jamary 11, 2DD7, and WMrne. 1M %.ontl Unit Wrtloprmnt provbbm f IN Zoning Ced. 1 the City f Cen. , Okbhama require the n[ablt,hmnt of w rah of record inuring M .nd nf.,...bW % the City of Ownuo, OMahomo •.f0chnt to a the Implemenl.Mr, Ind eonlnued comprnce with the approwd Planned Unit Deveopment, and WIN— the 0ener /Dnelopv di to e.lobNh n.wati- for the purpae of pr7lding for an enderfy dewlopment ontl te inure Mequate reatnklion for IN mbual benefit of the Owen /DnMapn. Ile Inece,anne and anign, and IN Cay of D...., OMehar. Ther.fore, the O mo, /Dewbper don hereby hnpo.o me follewbg r..tft I.e. o d car ant, whl.h .wan be cow rah nni o with the IoM and hall be olndng upon the Owns /Oevelopa, 11. aemoneare and m.lgm, nee hall mlorcecbl. a neralnefe, a.l forth. A U.. of Land The devebpmenl el Pf11, Ydlvge hall M subject to the Pivnmd Vnil D.ebpment pro iea. of IM Zoning Code of ma Ciy of Dwane, Okl.h -. n such p.V,,ins eAi d a Doaambe, 11, 2016 or o. may be .ubsecnnly amended. B. t ewhpmenl St.ndartl. 1. P.-M. Uae, The nee of Let 1, Brock 1 aho9 he bmRad to me an ., perYthal xHli Lee Unit 5 Zonhg DiabkL 2. Maeimum BuiWi.9 near Area The apgngate buiUnq lire- an .hall not a.a..d o ratio of 0.5D par let 3. Moalmum BuM m fe As fret In BW1,11ng..ha nsigAt 4. Minimum Building S:UaM*a Bal ,e,. Nell be elbxk from the lot boundaries o mnmum datanee oa fellow,: From Me R.O.W. line of E. 11611, Street 3D feet From ft R.D.W. Gne of N. 129th E. An 3D feel fleet b.m.ry of PUD ie feet North boundary of PUD 2D feel 5. Le ...R -rag The Proh, Yillvge Iandeeeping plan will be tleagned to mole o ,tenant e t wahine the In The pbn6ny theme will highGghi the ale a trba . d bu9dn9, a d will Winze plant .elealiona indgenaua to North . .11 OMUhomo that vrcndurable and regain low main le race. NI langeapinq Noll be p,-.d In Ncertlan eiM IM Ox.un 2eniny Oninance, eaeept Dv Wed M.M. NI inn will M Wecled from the .pp-d Ira Ile[ canlain.d in the Dwaaae Zoning Cotlr, Ine, requh,d by end. e%] be =ud at Mhnum $11. of 2' od n. Shaba nqulretl by cM. ill be Planed t o Inimum of 3 -yv9on conbina •IZe. NI Iantl.o.po M lea IMgolnd wins oWOmoOC InlyyWOZ .yalem. end molniaMea per regdremenle of the Zoning Cad. of the 01, o1 pen.n, Okluhama. S. Minimum Off -Slrecl ParIII 1 apace shall be provided for nth unit. 7. Si'. NI .19n, Nall .amply with City of O,.no Zoning Ordnonee. C. GENERAL DEVELOPMENT STANDARDS APPUCASLE TD ALL LOTS 1. Lighting NI .ripe Rgmirg atoll be in atrial a coNO with the CRY of 0 .... ..iremech. Belpre any e,teri-r light pole or building wolf peck ie Meta$led, o P1,,UMNlde Study shall M ,ubmitntl to the City o1 0w .. Community D..1M eel SoMCea for approvvl. the Ph- ale.. Plan 0.11 chew that Me loot - candle• III be 0,00 at IM atlJeeent property IN. 2. T1, Mee Screening All iroeh dumpalm Noll be ..reaned with en .,ague lenee that i, of tenet 6 -feel high and teller man the proposed dumod,r. 3. WhIld, Storage Qdelde Slorage of `cyxloble mobMl, been or similar matedol antl be prohibited univ.l Inenled wIthln are tl neepl.ele. He bucks or truck trollen MII be pmond xIMIn the Planned Una Development. e.c pl dial, IM perkd. e1 .11 leading or nleadng and the neI of any 1k k trailer far t.-e I, prohibited. 4. Detail Site flan Prior to the ie, Ne of a Wilding pamil, o del,il Mt. plan of the lot wilNO W.h Improvements a • propeeed, ehk1, Inc-. all bxlkJMge, parUrg, a ning fee... and bM.CVping are.., has been .ub.ht.d to the Orono %owning Comminbn art approwd n p•in9 in mmplin- With the vpprorud dewlopment vtvndad. of me Planned Unit De,elopmenl. 5. Deleil Land... pe %-n Prior to the inuanee of a builainq permit for impmvemente eithin a let. a detail landscape Plan. including o ph.,ing aehndWe, for the lot mall be •ubmlel•tl and opP-d by the Genao Planning C.mmbabn, 6. Dald Sign Plan Nor to the II. I. of a .lyre pem li is the Inrtollofion 1 Iy eHMM b4 detail 'gn plan far the let Noll be ,bwm.d to and oppr.od by the City of Orono Community Development being in emprnee wins the .,proved dewlopment at.nd.,J, of me Planned Unit Development. 7. Complier— With Plan The dawbpmonl ontl nee of Prairie Village oh,ll be In eompIonee xlth the vppraetl site III e•Y ee later p= by4 Om.lo Planning Commrinln. cueM1 emndmenh IMreol oe B. Do Milan. In the vvenl of ombiguily I %. ord r lam el forth in Seelion IL, the meaning thereof atoll De deemetl to M definM set Indh whin the Zoning Cnde of Me Cy .f Dwane, Oklahoma ,. the eons...fa�ed on ...mbe, 11, 2006, a c. ..be.*' y amended. CERTIFICATE OF SURVEY Mender, R Aveclelea SO" and Mapping, PLLC, on Oklahoma PLLC, by the undenign.d. a RegW_4 Prefee.lond IoM Surveyor in the Slate of Oklahoma . doe. hereby eertay that the treat W land dneribed Mreon has been or to .uneyed* subdivided and ,hatted and that the plat a1l.Ned here!. and d.lIgno1M a 'Prairie Village Addition" I... yue rcprc.entWbn of said avrvey ontl is in eonlormonce wins the Oklahoma Min'num Slondarda for the Pmclice 1 Land Surveying as adopted by the OMahomv Booty of R. WIN. far N.I.Iionol Erginere Dad land 9urnya%. Jan.. E. Harden. RPLS 1233 Slate of Oklahoma County or Tuba Thi• InN mml wo acknaledge1 hot.,. ne an fhb dry of 2DD7, by Jvme, Harden. RPLS. Nelory Not. My COmminle. ESplai CITY PUNNING COMMISSION APPROVAL I, CHAIRMAN OF THE CITY PUNNING COMMISSION MR THE CRY OF MASSD, STATE OF OKLAMCMIN DO HERBY CERTFY THAT THE SAID COMMISSION DULY APPROVED THE ANNUED PUT OF THE CENTER AT DWASSD ON THE _ DAY OF 2D07. CERTIFICATION OF CITY CLERK I. CRY CLERK OF THE CITY OF OWASSO. STATE OF OKLAHOMA DO HERBY CERTIFY THAT I HAVE EXAMINED THE RECORD OF THE SAID CRY AND FIND THAT ALL DEFERRED PAYMENTS DR UNMATURED INSTALLMENTS UPON SPECK ASSESSMENTS HAVE BEEN PAD M FULL AND THAT THERE IS NO SPECK ASSESSMENT PROCEDURE NOW PENDING AGAINST THE LAND AS SHOWN ON THE ANNEKEO PIAT THE CENTER AT OWASSO. IN WTTNESS WHEREOF, P.M. Mile" 111i Partnerahie, MIMI, Having Inc., gva,I p.-I ha cauaetl IMae pr .... 1. to be sae Wed Ii soy or , 2DD7. By: Prairie WIS. Limited P MNnhip By: Kntole HDaelm; Ire, general partner Ile: Nome: Bill Major File: F she Director State of Oklahoma ) County of Tuba ) n Th. leregdnq dedication and the foregoing c. and and plot restriction on omeyame. sole or Ironsler were knowled,l bete,, me Ihia day of , 2007, by Da EaecvlWe Dire.ter of Ynt.p Housing Me. .inn under my hand and .cal, We day If , 2DD7. Nelory Pubile My oomni o.pirn: ADEPTMCE OF DEDICATION BY CITY COUNCIL BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SO, STATE DF OKLAHOMA, THAT THE DEDICATION SHOWN IN THE ANNEXED PUT OF PRAIRIE VILLAGE ADDITION IS HEREBY ACCEPTED. ADOPTED BY THE COUNCIL DF OWASSO ON THIS _ DAY OF 2007. Attni: City Clerk m- BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC OF THE STATE OF OKIHOMA ON THIS _ day of 2007 PERSDN APPEMED TD ME KNOWN TO BE THE IDENTICAL PERSON WHO EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNDWLEOGED TO ME THAT HE EXECUTED THE SAME AS HIS FREE MD VOWNTARY ACT AND DEED FOR THE USES AND PURPOSES THERON EXPRESSED. Nelory Pubr,. My Commiaaion E.pirea: CERTIFICATE OF COUNTY CLERK THE INSTRUMENT HIS BEEN FILED IN ME OFFICE OF THE COUNTY CLERK OF TV COUNTY, STATE OF DKI.WOMA THIS _ DAY OF 2DD7. County Clerk CERTIFICATE OF COUNTY TREASURER STATE OF OKLAHOMA, I DD HEREBY CERTIFY THAT I HAVE EXALIINEO THE RECORDS PERTAINING TO AD VALOREM TMfES ON THE TRACT SHOWN ON THE ANNEXED PUT AND FIND THAT ALL AD VALOREM TAXES HAVE BEEN PAID FOR 2005, AND ALL PRIOR YEARS AND THAT STATUTORY SECURITY HAS BEEN DEPOSITED GUARANTEEING PAYMENT OF THE 2007 TAXES. SEAL DATE li-ty Treoaur.. Prairie Village Addition, Tulsa County Draft Final Plat, September 10, 2007 SHEET 2OF2 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: BRADD K. CLARK FIRE CHIEF SUBJECT: AMBULANCE BIDS DATE: October 11, 2007 BACKGROUND: The Fiscal Year 2007 -2008 ambulance capital budget provides funding for the purchase of an ambulance. The current fleet includes two front line ambulances and two ambulances in reserve. One of the reserve ambulances is 10 years old and the remaining reserve ambulance is scheduled to be refurbished and remounted on a new chassis later this calendar year, as awarded by the City Council in December, 2006. The chassis for this remount project was ordered on December 28, 2006 and has a scheduled build date of October 15, 2007. In short, it has taken approximately 11 months from the order date before the chassis is ready for delivery to the vendor who will then refurbish the reserve ambulance. In January, the fire department formed an apparatus need analysis team whose mission was to evaluate the existing and future needs of Owasso Fire Department apparatus. It was determined each fire station would need a front line reliable apparatus and that an additional ambulance should be purchased before the fire department operates three fire stations. The long -term plan of refurbishing the ambulances and remounting the existing ambulance modules on new chassis was determined to remain a valid approach in terms of efficiency and fiscal responsibility, however, the prolong build time associated with custom apparatus compelled staff to consider a variety of other possibilities. The best solution to ensure the reliability of the ambulance fleet is to purchase an existing ambulance. EVALUATION OF BIDS: Staff created a Request For Proposals (RFP) for an existing ambulance and submitted these requirements to five (5) ambulance vendors. A bid opening was held at City Hall on October 2, 2007 at 2:00 PM with the following four bids received from three separate vendors: 1. Fleet Resources, LLC (Joplin, MO): Type III Excellance Ambulance on a 2006 GM C4500 chassis 13,500 miles $158,287.23 (can reduce price by $2,000 if we take delivery in Minnesota) 2. Midwest Vehicle Professionals, Inc. (York, NE): Type III Medtec PD -168 Ambulance on a 2004 Ford E450 Chassis No mileage identified in bid $110,000.00 3. Professional Ambulance (Comanche, TX): 2 Bids: Type III Horton 555B Medium Duty Ambulance on a 2007 GM C4500 chassis No mileage identified in bid $165,455.00 Type III Horton 623 Medium Duty Ambulance on International 4300 Navistar chassis No mileage identified in bid $189,545.00 BID SELECTION: Staff has critically evaluated each bid and believes there are several good options to choose from. Upon receiving clarification regarding vehicle mileage, the staff determined the ambulance bid submitted by Midwest Vehicle Professionals, Incorporated to be the lowest responsive bidder. The ambulance proposed by Midwest Vehicle is mounted on a van chassis. Currently, three of the department's four ambulances are mounted on a medium -duty truck chassis, providing adequate space for medical equipment storage, patient treatment area, and the transportation of additional personnel when needed. This size does, however, affect the overall ride quality of the ambulance. The proposed ambulance will result in a decreased amount of storage space, but it is believed the ride quality will significantly improve. Three members of the fire department evaluated this particular ambulance while visiting the production plant in Wisconsin. This ambulance was built as a demonstration vehicle for Med- Tec Ambulance Corporation. The current mileage, approximately 24,750 miles, has been accumulated by traveling as a demonstration ambulance, including trade shows and sales meetings. It is staff's belief that this type of limited use, coupled with the low mileage for a 2004 chassis, has no negative impact on the long -term life of the chassis components as compared to a vehicle used daily for emergency response. Emergency vehicle response is hard on a chassis, especially when cold engines are operated hard and fast, the units experience rapid acceleration and braking, and the units are shut down without adequate cool down time. The proposed ambulance includes the following warranties: • Paint warranty: 5 years from delivery date • Ambulance Module Structural warranty: lifetime • Overall Vendor warranty: 12 years /12,000 miles • Command Zone (electrical system): 2 years from delivery date Upon Council approval, staff anticipates delivery of the ambulance to occur within twenty -one days of the vendor receiving a contract for purchase. FUNDING: The FY 2007 -08 budget includes funding in the amount of $150,000 for this ambulance purchase, which includes many of the equipment items required to place the ambulance in service. RECOMMENDATION: Staff recommends Council award the bid to Midwest Vehicle Professionals, Incorporated of York, Nebraska in the amount of $110,000 for the purchase of a Type III Medtec PD -168 Ambulance on a 2004 Ford E450 Chassis. MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: DAN YANCEY CHIEF OF POLICE SUBJECT: CANINE AGREEMENT WITH OWASSO PUBLIC SCHOOLS DATE: October 12, 2007 BACKGROUND: In July 2007, officials from the Owasso Public School System approached the Owasso Police Department about providing canine drug search services to the school's facilities. The school's "Safe Committee" felt it was imperative that canine services be coordinated with the Police Department and its school resource officer. In the past, the school has utilized a private vendor to perform such services. Initial discussions regarding this agreement in July 2007 and as outlined in the attached written agreement calls for the Owasso Police Department to conduct approximately 279 hours of canine search to begin immediately and continue throughout the remainder of the 2007 -2008 school year. The attached agreement has been reviewed and approved by the city attorney and city administration. REQUEST: The request is for Council approval of the canine agreement between the City of Owasso and the Owasso Public Schools. FUNDING: If approved, the Owasso Public Schools agrees to pay the City of Owasso $1,000 per month for a period of ten months, not to exceed $10,000 in total, for the performance of canine searches as outlined in the attached agreement. RECOMMENDATION: The staff recommends Council approval of an agreement between the City of Owasso and Owasso Public Schools for the purpose of providing canine search services. ATTACHMENT: 1. Canine Agreement between the City of Owasso and Owasso Public Schools. Agreement This agreement made and entered into this day of , 2007 by and between the Owasso Public Schools, hereinafter referred to as CLIENT and Owasso Police Department K -9 Unit, hereinafter referred to as OPD K -9 Unit. Whereas, OPD K -9 Unit is in the business of developing and implementing narcotics control programs which may include consultation seminars, lectures, canine searches and other valuable educational services: and whereas, CLIENT desires that OPD K -9 Unit assist CLIENT in developing and implementing such a program at and on its premises. Now, therefore, in consideration of the mutual covenants and agreements set forth herein, OPD K -9 Unit and CLIENT agree as follows: 1. Term: This Agreement shall continue in force and effect for a period of one school year. Either party to this agreement may cancel the agreement by notifying the other party in writing within thirty (30) days prior to the date of termination. This Agreement does not include an automatic renewal of clause. 2. OPD K -9 Unit's Status As Independent Contractors: It is understood that the duties and services to be carried out by OPD K -9 Unit shall be those prescribed by CLIENT. However, the means of carrying out said duties shall be within the sole discretion of OPD K -9 Unit unless otherwise specified, including but not limited to; the number of narcotics control agents employed by OPD K -9 Unit; the hours and nature of said agents' duties: the manner and techniques employed by said agents in accomplishing the services prescribed by the CLIENT; the tools and materials utilized by said agents in the performance of their duties; and the manner of hiring, training, equipping, supervising, directing discharging of all agents. Further, the payment of federal, state, county, and/or municipal taxes, social security benefits, unemployment compensation taxes and overtime wages (other than overtime authorized by CLIENT) shall be the sole function and responsibility of OPD K -9 Unit. OPD K -9 Unit, as well as its agents and employees, shall assume the status of independent contractor under the terms of the agreement, to the exclusion of any other employment status including, but not limited to: employee, agent, servant, principal, partner, and /or joint venturer. 3. Insurance: OPD K -9 Unit will maintain self insurance through the City of Owasso. 4. Change In The Law: If there is enacted by law, regulation, promulgation ruling or other such mandate, by any authority having jurisdiction over the hours of service, rate of pay, working conditions, costs of performing the services herein provided for, or any other such action which affects the subject matter of the Agreement, CLIENT agrees that this agreement will be subject to revisions and modifications. 5. Entire Agreement: This agreement contains the full and entire agreement of the parties herein, and any prior agreements, whether written or oral, are of no further force or effect. This agreement may not be changed orally but only by an agreement in writing and signed by the party against whom enforcement or any waiver, change, modification, extension or discharge is sought. 6. Illegal Substances: Any drugs, narcotics, drug paraphernalia and/or any other illegal substances discovered as a result of searches conducted by OPD K -9 Unit as set out herein shall be confiscated by the narcotics control agent in charge of the search. Said illegal substances shall be tagged, secured appropriately, and handled and disposed of in accordance with OPD protocol. 7. Services: OPD K -9 Unit shall provide and CLIENT shall receive the following: I. Client shall receive a total of 279 hours to be distributed throughout the contract term of August, 2007 through May 2008 for consultation and canine search from OPID K -9 Unit. Il. OPD K -9 Unit may sign in at each school location as designated by each building principal. Extra Curricular Activities Extracurricular activities shall be included only at the specific request of the building principal. 8. Payment Schedule: CLIENT shall remit ten payments to OPD K -9 Unit in the amount of $1,000. Payment will be due September 2007 through June 2008. Unless agreed to in writing by the parties herein, CLIENT will not incur expenses under this agreement in excess of $10,000. All payments required herein shall be forwarded to City of Owasso, Attention Dan Yancy, i 11 N. Main, Owasso, OK 74055. Owasso Public Schools Signature, Title Witness Signature Mayor, City of Owasso Signature, Title Witness Signature MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY ASSISTANT CITY MANAGER SUBJECT: VERIZON WIRELESS CELL TOWER SPORTS PARK LAND LEASE DATE: October 12, 2007 BACKGROUND: In May of this year, City personnel were contacted by Verizon Wireless regarding the possibility of leasing space on city owned property in order to install a cellular telephone tower. Specifically, the area in which Verizon was requesting to install the cellular tower was the square mile area bounded by E. 106th Street North, Mingo Road, E. 116th Street North, and Garnett Road. Upon receipt of the request, staff initially directed personnel from Verizon to review the potential for locating on the new water tower located approximately V2 mile south of E. 106th Street North. It was hoped that Verizon could locate on the top of this existing structure as it would likely be higher than any structure that would be located in their "preferred" location and it would avoid the construction of a tower. Unfortunately, the water tower site did not meet site requirements for Verizon's coverage area and engineering personnel from Verizon provided certification that the water tower site would not work. Staff than began the process of identifying potential land owned by the City of Owasso in the preferred area that could be suitable to meet the needs of Verizon wireless. The site selected by staff, as well as Verizon, is located south of existing ball fields in the Sports Park. A copy of a proposed site plan is attached for your information and review. PROPOSED LEASE: Staff and Verizon have been in negotiations a large portion of the summer in order to develop a lease agreement for the proposed site. The proposed lease would allow /provide for the following: • Construction of a 120' mono pole on the identified site • An equipment building and security fence at the base of the tower • The ability for the City of Owasso to co- locate on the tower, free of charge, to address any of its radio and /or wireless computer antennae needs • A lease period of five years • Lease is automatically extended for four (4) additional five (5) year terms unless written notification is received 6 months prior to the end of the term • $9,600 annually in one payment as opposed to a monthly payment for each of the first five (5) years • Lease amount increases to $11,040, $12,696, $14,600.40, and $16,790.46 for each successive five (5) year period • Requirement for the removal of the equipment building, tower structure, and fencing at the termination of the lease • If Verizon should sublet any portion of the tower for co- location purposes, all rental fees paid by subleassee(s) shall be divided between Verizon and the City of Owasso in a 75% and 25% ratio • A copy of the proposed lease agreement is attached for your information and review ADDITIONAL COMMENTS: The proposed location for the cellular tower would not impact any existing or future planned expansion of the ball fields at the Sports Park. The minimum distance requirements from residential property have been met and are in accordance with the City of Owasso's cellular tower ordinance. Mr. White was instrumental in assisting with the terms of the proposed lease. Ms. Lombardi has reviewed the proposed lease agreement. RECOMMENDATION: Staff recommends Council approval of the lease agreement and authorization for the Mayor to execute the agreement. ATTACHMENTS: 1. Site Plans (2) 2. Example of Monopole 3. Example of Equipment Building and Security Fencing 4. Proposed Lease Agreement s Am 1 {f yy lit { a, 1 � r: t.r E P 2007 Europa Technologle� azoes OOSle, �'y 5 x, 2007 Tele Atlas Image S'• 2007 DigitalGiobe SITE NAME: Owasso Sports SITE NUMBER: 168375A LAND LEASE AGREEMENT This Agreement, made this day of , 2007 between City of Owasso, a Municipal Corporation, with its principal offices located at 111 N. Main, Owasso, OK 74055, Tax ID # hereinafter designated LESSOR and Cellco Partnership d/b /a Verizon Wireless, with its principal office located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920, hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party ". 1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property (the entirety of LESSOR's property is referred to hereinafter as the Property), located at 10320 E. 116th Street North, City of Owasso, County of Tulsa, State of Oklahoma, and being described as a 30' by 35' parcel containing 1,050 square feet (the "Land Space' ), together with the non - exclusive right (the "Rights of Way") for ingress and egress, seven (7) days a week twenty -four (24) hours a day, on foot or motor vehicle, including trucks over or along a twenty (20') foot wide right -of -way extending from the nearest public right -of -way, E 116th Street North, to the Land Space, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along one or more rights of way from the Land Space, said Land Space and Rights of Way (hereinafter collectively referred to as the "Premises ") being substantially as described herein in Exhibit "A" attached hereto and made a part hereof. The Property is also shown on the Tax Map of the Tulsa County Assessor as Account #'s 10630 and 20155 of and is further described in Deed Book 5238 at Page1894 and Deed Book 5238 at Page 1897 as recorded in the Office of County Clerk of Tulsa County, Oklahoma. In the event any public utility is unable to use the Rights of Way, the LESSOR hereby agrees to grant an additional right -of -way either to the LESSEE or to the public utility at no cost to the LESSEE. 2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey shall then become Exhibit "B" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A ". Cost for such work shall be borne by the LESSEE. 3. TERM. This Agreement shall be effective as of the date of execution by both Parties, provided, however, the initial term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined) at which time rental payments shall commence and be due at a total annual rental of Nine Thousand Six Hundred Dollars ($9,600.00) to be paid in in advance to LESSOR or to such other person, firm or place as LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date by notice given in accordance with Paragraph 23 below. Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE. The Agreement shall commence 1 SITE NAME: Owasso_Sports_Park—OK SITE NUMBER: 168375A on the first day of the month following the date LESSEE commences installation of the equipment on the Premises, or on December 1, 2007, whichever occurs first. 4. EXTENSIONS. This Agreement shall automatically be extended for four (4) additional five (5) year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current term. 5. EXTENSION RENTALS. The annual rental for the first (1st) five (5) year extension term shall be increased to Eleven Thousand Forty Dollars ($11,040.00); the annual rental for the second (2nd) five (5) year extension term shall be increased to Twelve Thousand Six Hundred Ninety Six Dollars ($12,696.00); the annual rental for the third (3rd) five (5) year extension term shall be increased to Fourteen Thousand Six Hundred and 40/100 Dollars ($14,600.40); and the annual rental for the fourth (4th) five (5) year extension term shall be increased to Sixteen Thousand Seven Hundred Ninety and 46/100 Dollars ($16,790.46). 6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year extension term this Agreement, LESSEE has provided written notice of its intent to extend the Agreement at least three (3) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of five (5) years and for five (5) year terms thereafter so long as LESSEE continues to provide written notice of its intent to further extend the Agreement at least three (3) months prior to the end of such term. Annual rental for each such additional five (5) year term shall be equal to one hundred fifteen percent (115 %) of the annual rental payable with respect to the immediately preceding five (5) year term. The initial term and all extensions shall be collectively referred to herein as the "Term ". 7. USE; GOVERNMENTAL APPROVALS. a. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. A security fence consisting of chain link construction or similar but comparable construction shall be placed around the perimeter of the Premises at the discretion of LESSEE (not including the access easement). All improvements, equipment, antennas and conduits shall be at LESSEE's expense and their installation shall be at the discretion and option of LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify its utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached hereto, during the Term. It is hereby understood and agreed between the Parties that, upon construction of the tower, LESSOR shall have the right to install LESSOR's communications equipment, antennas and conduits upon LESSEE's tower at no rental cost to LESSOR. Subject to the provisions of Paragraph 12 below, LESSEE hereby grants permission to LESSOR to install, maintain and operate the communications equipment, antennas and appurtenances of the type described in Exhibit "C" attached hereto or equipment that is of a type that is substantially similar and equivalent to such equipment. LESSOR may exercise its option to install said equipment upon providing written notice to LESSEE at least thirty (30) days prior to its anticipated installation. LESSOR and `a SITE NAME: Owasso_Sports_Park—OK SITE NUMBER: 168375A LESSEE shall make a good faith effort to coordinate an arrangement which will allow LESSOR access to the Premises for the installation and maintenance of LESSOR's equipment. b. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits and other approvals (collectively the "Governmental Approvals ") that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests which will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) LESSEE determines that such Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that any soil boring tests are unsatisfactory; (v) LESSEE determines that the Premises is no longer technically compatible for its use, or (vi) LESSEE, in its sole discretion, determines that it will be unable to use the Premises for its intended purposes, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE, or upon such later date as designated by LESSEE. All rentals paid to said termination date shall be retained by LESSOR. Upon such termination, this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder. Otherwise, the LESSEE shall have no further obligations for the payment of rent to LESSOR. 8. INDEMNIFICATION. Subject to Paragraph 9 below, each Party shall indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the other Party, or its employees, contractors or agents. 9. INSURANCE. a. The Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Premises or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the Parties, or either of them. These waivers and releases shall apply between the Parties and they shall also apply to any claims under or through either Party as a result of any asserted right of subrogation. All such policies of insurance obtained by either Party concerning the Premises or the Property shall waive the insurer's right of subrogation against the other Party. b. LESSOR and LESSEE each agree that at its own cost and expense, each will maintain commercial general liability insurance with limits not less than $1,000,000 for 3 i C SITEINAME: Owasso-Sports-Park-OK SITE NUMBER: 168375A inj , to or death of one or more persons in any one occurrence and $500,000 for damage or destruction to property in any one occurrence. LESSOR and LESSEE each agree that it will include the other Party as an additional insured. I i 10. LIMITATION OF LIABILITY. Except for indemnification pursuant to paragraphs 8 and 28, neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 11. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the Commencement Date provided that three (3) months prior notice is given to LESSOR. 12. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of LESSOR or other lessees of the Property which existed on the Property prior to the date this Agreement is executed by the Parties. In the event any after - installed LESSEE's equipment causes such interference, and after LESSOR has notified LESSEE in writing of such interference, LESSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LESSEE's option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will LESSOR be entitled to terminate this Agreement or relocate the equipment as long as LESSEE is making a good faith effort to remedy the interference issue. LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing equipment of LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance. 13. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or within ninety (90) days after any earlier termination of the Agreement, remove its building(s), antenna structure(s) (except footings), equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable Laws (as defined in Paragraph 32 below). If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the 4 SITE NAME: Owasso Sports SITE NUMBER: 168375A existing monthly pro -rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. 14. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of that removal period set forth in Paragraph 13 herein, unless the Parties are negotiating a new lease or lease extension in good faith. In the event that the Parties are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds over in violation of Paragraph 13 and this Paragraph 14, then the rent then in effect payable from and after the time of the expiration or earlier removal period set forth in Paragraph 13 shall be increased to one hundred and ten percent (110 %) of the rent applicable during the month immediately preceding such expiration or earlier termination. 15. RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Term (i) to sell or otherwise transfer all or any portion of the Property, whether separately or as part of a larger parcel of which the Property is a part, or (ii) grant to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, with or without an assignment of this Agreement to such third party, LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the same terms and conditions of such offer. If LESSEE fails to meet such bona fide offer within thirty (30) days after written notice thereof from LESSOR, LESSOR may sell or grant the easement or interest in the Property or portion thereof to such third person in accordance with the terms and conditions of such third party offer. For purposes of this Paragraph, any transfer, bequest or devise of LESSOR's interest in the Property as a result of the death of LESSOR, whether by will or intestate succession, shall not be considered a sale of the Property for which LESSEE has any right of first refusal. 16. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide (i) to sell or transfer all or any part of the Property to a purchaser other than LESSEE, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, such sale or grant of an easement or interest therein shall be under and subject to this Agreement and any such purchaser or transferee shall recognize LESSEE's rights hereunder under the terms of this Agreement. To the extent that LESSOR grants to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE for the purpose of operating and maintaining communications facilities or the management thereof and in conjunction therewith, assigns this Agreement to said third party, LESSOR shall not be released from its obligations to LESSEE under this Agreement, and LESSEE shall have the right to look to LESSOR and the third party for the full performance of this Agreement. 17. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises. 5 SITE NAME: Owasso_Sports_Park—OK SITE NUMBER: 168375A 18. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants during the Term that there are no liens, judgments or impediments of title on the Property, or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent or adversely affect the use or occupancy of the Premises by LESSEE as set forth above. 19. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, in law or in equity. 20. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the Laws of the State in which the Property is located. 21. ASSIGNMENT. a. This Agreement may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE shall constitute an assignment hereunder. b. LESSEE may sublease any portion of the Premises at its sole discretion, upon notice to LESSOR. Any sublease that is entered into by LESSEE shall be subject to the provisions of this Agreement and shall be binding upon the successors, assigns, heirs and legal representatives of the respective parties hereto. The term "Sublease ", "Sublet ", "Sublessee" and any other similar term shall apply to any situation by which LESSEE allows a third party use of the Property for co- location, whether it be by formal sublease, license or other agreement. All rights and responsibilities of LESSEE set forth in this Agreement shall be enjoyed by and binding on any Sublessee. R SITE NAME: Owasso_Sports_Park—OK SITE NUMBER: 168375A C. In the event LESSEE subleases any portion of the Property, in accordance with this Agreement, any rental paid by any Sublessee(s) shall be divided between the LESSOR and the LESSEE in the following manner: 25% to LESSOR and 75% to LESSEE. Any Sublessee shall be instructed to pay the foregoing percentage amounts directly to the LESSOR and the LESSEE. The LESSEE shall not be responsible to the LESSOR for the collection or payment of rents by the Sublessee to the LESSOR, and the LESSEE shall have no liability to the LESSOR in the event of failure of payment by Sublessee. In this event: (i) the LESSEE shall have no liability of any nature to the LESSOR for failure to sublet all or any part of the Premises to any or all potential Sublessee (s); and (ii) at LESSOR'S request, LESSEE will provide LESSOR with a tri -party agreement to be executed by the LESSEE, it's Sublessee, and LESSOR to confirm direct payment obligation from the Sublessee to the LESSOR and to indicate LESSOR has been notified of the sublease. d. It is understood and agreed by the Parties that the foregoing rental percentage amounts shall only apply if the LESSEE is able to accommodate all of Sublessee's facilities within LESSEE's Premises. If the LESSEE is unable to accommodate any or part of Sublessee's facilities within the Premises, then LESSOR may enter into an agreement with the Sublessee for a portion of the Property that Sublessee requires to locate its facilities. In this event, LESSEE shall receive 100% of the rental for that portion of the facilities that are located within the limits of the Premises and LESSOR shall receive 100% of the rental, negotiated by the LESSOR and Sublessee, for the portion of Sublessee's facilities that are located on the Property outside LESSEE's Premises. e. Notwithstanding any other provision of this Agreement, the LESSEE shall not be required to obtain approval from the LESSOR for the Subletting of the Premises or part thereof. The LESSEE shall have the sole right to determine whether it will Sublet any portion of the Premises or whether it will sublease to any specific Sublessee. 22. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: LESSEE: Cellco Partnership d/b /a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. SITE NAME: Owasso_Sports_Park—OK SITE NUMBER: 168375A 23. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representative, successors and assigns of the Parties hereto. 24. SUBORDINATION AND NON - DISTURBANCE. LESSOR shall obtain not later than fifteen (15) days following the execution of this Agreement, a Non - Disturbance Agreement, as defined below, from its existing mortgagee(s), ground lessors and master lessors, if any, of the Property. At LESSOR's option, this Agreement shall be subordinate to any future master lease, ground lease, mortgage, deed of trust or other security interest (a "Mortgage ") by LESSOR which from time to time may encumber all or part of the Property or right -of -way; provided, however, as a condition precedent to LESSEE being required to subordinate its interest in this Agreement to any future Mortgage covering the Property, LESSOR shall obtain for LESSEE's benefit a non - disturbance and attornment agreement for LESSEE's benefit in the form reasonably satisfactory to LESSEE, and containing the terms described below (the "Non- Disturbance Agreement "), and shall recognize LESSEE's right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Agreement beyond applicable notice and cure periods. The Non - Disturbance Agreement shall include the encumbering party's ( "Lender's ") agreement that, if Lender or its successor -in- interest or any purchaser of Lender's or its successor's interest (a "Purchaser ") acquires an ownership interest in the Property, Lender or such successor -in- interest or Purchaser will (1) honor all of the terms of the Agreement, (2) fulfill LESSOR's obligations under the Agreement, and (3) promptly cure all of the then - existing LESSOR defaults under the Agreement. Such Non-Disturbance Agreement must be binding on all of Lender's participants in the subject loan (if any) and on all successors and assigns of Lender and/or its participants and on all Purchasers. In return for such Non - Disturbance Agreement, LESSEE will execute an agreement for Lender's benefit in which LESSEE (1) confirms that the Agreement is subordinate to the Mortgage or other real property interest in favor of Lender, (2) agrees to attorn to Lender if Lender becomes the owner of the Property, (3) agrees to give Lender copies of whatever notices of default LESSEE must give LESSOR, (4) agrees to accept a cure by Lender of any of LESSOR's defaults, provided such cure is completed within the deadline applicable to LESSOR, (5) agrees to not pay rent more than one month, or one year in the event the rent is paid annually, in advance and (6) agrees that no material modification or material amendment of the Agreement will be binding on Lender unless it has been consented to in writing by Lender. LESSOR and LESSEE agree that, for the purposes of Paragraph 24, nonmaterial amendments or modifications shall include, but shall not be limited to, the following: (i) any extension of the term of the Agreement, (ii) any addition to, alteration, modification, or replacement of LESSEE's equipment, (iii) any relocation of LESSEE's equipment, (iv) any increase in the rent, and (v) any decrease in the rent, provided however, that such an amendment shall become material should the decrease in rent result in rent lower than the amount then prescribed by the unamended Agreement. In the event LESSOR defaults in the payment and /or other performance of any mortgage or other real property interest encumbering the Property, LESSEE, may, at its sole option and without obligation, cure or correct LESSOR's default and upon doing so, LESSEE shall be subrogated to any and all rights, titles, liens and equities of the holders of such mortgage or other real property interest and LESSEE shall be entitled to deduct and setoff against all rents that may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct such defaults. 8 SITE NAME: Owasso_ Sports_Park_OK SITE NUMBER: 168375A 25. RECORDING. LESSOR agrees to execute a Memorandum of this Agreement which LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either the Term or rent payments. 26. DEFAULT. a. In the event there is a breach by LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE shall have fifteen (15) days in which to cure any monetary breach and thirty (3 0) days in which to cure any non - monetary breach, provided LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the breach within the time periods provided in this Paragraph. b. In the event there is a breach by LESSOR with respect to any of the provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written notice of such breach. After receipt of such written notice, LESSOR shall have thirty (30) days in which to cure any such breach, provided LESSOR shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSOR commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSEE may not maintain any action or effect any remedies for default against LESSOR unless and until LESSOR has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if LESSOR fails, within five (5) days after receipt of written notice of such breach, to perform an obligation required to be performed by LESSOR if the failure to perform such an obligation interferes with LESSEE's ability to conduct its business on the Property; provided, however, that if the nature of LESSOR'S obligation is such that more than five (5) days after such notice is reasonably required for its performance, then it shall not be a default under this. Agreement if performance is commenced within such five (5) day period and thereafter diligently pursued to completion. 27. REMEDIES. Upon a default, the non - defaulting Party may at its option (but without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting Parry's behalf, including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by the non - defaulting Party shall be due and payable by the defaulting Parry upon invoice therefor. In the event of a default by either Parry with respect to a material provision of this Agreement, without limiting the non - defaulting Party in the exercise of any right or remedy which the non - defaulting Party may have by reason of such default, the non - defaulting Party may terminate the Agreement and/or pursue any remedy now or hereafter available to the non - defaulting Party under the Laws or judicial decisions of the state in which the Premises are located; provided, however, LESSOR shall use reasonable efforts I:� SITE NAME: Owasso_Sports_Park—OK SITE NUMBER: 168375A to mitigate its damages in connection with a default by LESSEE. If LESSEE so performs any of LESSOR's obligations hereunder, the full amount of the reasonable and actual cost and expense incurred by LESSEE shall immediately be owing by LESSOR to LESSEE, and LESSOR shall pay to LESSEE upon demand the full undisputed amount thereof with interest thereon from the date of payment at the greater of (i) ten percent (10 %) per annum, or (ii) the highest rate permitted by applicable Laws. Notwithstanding the foregoing, if LESSOR does not pay LESSEE the full undisputed amount within thirty (30) days of its receipt of an invoice setting forth the amount due from LESSOR, LESSEE may offset the full undisputed amount, including all accrued interest, due against all fees due and owing to LESSOR until the full undisputed amount, including all accrued interest, is fully reimbursed to LESSEE. 28. ENVIRONMENTAL. a. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the specific activities of LESSEE in the Premises. b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: a) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non- compliance results from conditions caused by LESSEE; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE. 29. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within forty -five (45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty -five (45) days, then LESSEE may, at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon fifteen (15) days prior written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. Notwithstanding the foregoing, the rent shall 10 SITE NAME: Owasso _Sports_Park—OK SITE NUMBER: 168375A abate during the period of repair following such fire or other casualty in proportion to the degree to which LESSEE's use of the Premises is impaired. 30. CONDEMNATION. In the event of any condemnation of all or any portion of the Property, this Agreement shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever occurs first. If as a result of a partial condemnation of the Premises or Property, LESSEE, in LESSEE's sole discretion, is unable to use the Premises for the purposes intended hereunder, or if such condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty -five (45) days, LESSEE may, at LESSEE's option, to be exercised in writing within fifteen (15) days after LESSOR shall have given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15) days after the condemning authority shall have taken possession) terminate this Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to the total rentable area of the Premises. In the event that this Agreement is not terminated by reason of such condemnation, LESSOR shall promptly repair any damage to the Premises caused by such condemning authority. 31. SUBMISSION OF AGREEMENT /PARTIAL INVALIDITY /AUTHORITY. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such Party has the full right, power and authority to enter into and execute this Agreement on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. 32. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) (collectively "Laws "). LESSEE shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply with (a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises (other 11 SITE NAME: Owasso Sports SITE NUMBER: 168375A than general office use); and (b) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. 33. SURVIVAL. The provisions of the Agreement relating to indemnification from one Parry to the other Parry shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 34. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. [SIGNATURE PAGE TO FOLLOW] 12 SITE NAME: Owasso_ Sports_Park_OK SITE NUMBER: 168375A IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. WITNESS 13 LESSOR: City of Owasso, a Municipal Corporation By: Its: Date: LESSEE: Cellco Partnership d /b /a Verizon Wireless By: Hans F. Leutenegger Its: Area Vice President, Network South Area Date: SITE NAME: Owasso_Sports_Park—OK SITE NUMBER: 168375A Exhibit "A" (Sketch of Premises within Property) 10/04/07 F;kVeliWn-0klahQmak0vraM m4__BM _ _e__lm«_«7*_ � X / I � ! ! � \ i` | � ■§ LE. } »� a B � { $ i e . � w0- _e _. AREA .w D' � mmE .f i ! \2 { 1~ ^ � }� i a ! G � -- }� � \_\ wry / .. 2 , «m \r z ~ Owasso /Park \ _Sports _Ok 7T R ,o ,E�rBeaNO�w Aw sRa 74055 E \)k k ) a CH &% INC. .ARCHITECTS , wa, ¥,m + f¥ _ \ rW—nwie ess � .. ... &n Antonio, a � 2 F:�Venlzor;-Oklahom+wasso Sport Park-VZ076133\LEALSE EXHIBMWO76133-SUE ELEVATION.dwR, 10110/2(M7 3:49:04 PM, mlopez \ \mom / .AM m 12 o �mz z _7 cn > gp' M m > % m m > z ooc � \/ \� �� _ PH 1 fl 1 *41411 ------- m, e MONOPOLE TOWER VERIFY TH". _y APE B"MM)ED FOR M.FXCLUMR USE UMS]PROJECT . Mly. ANY RE-USE OF THESK PLOS M& MGSI C11101yr THE EXTEPIS MM CONSEW OF TERIZO WMLM IS ?R3jjjBjTrD Owasso Sports_Park Ok 4 m m 168375 _0 w l< 10320E, 6TH STREET NORTH,OWASSO,OK 74055 ARCHCOMM, INC. -ARCHITECTS ,sue Suite 101 E k" 0'® 0.. �' verimmireless 0 z San Antonio, Texas 789VA P�"' v" lo b P+ (210)308-9905 �P 19 0 'v< VP SITE NAME: Owasso_Sports_Park—OK SITE NUMBER: 168375A Exhibit 'B" (Survey) SITE NAME: Owasso Sports_Park_OK SITE NUMBER: 168375A Exhibit "C" LESSEE is authorized to install and maintain equipment of the following type: ANTENNA INFORMATION ANTENNAS: Either a 60 or 180 degree panel antenna (approximately 12" x 12" and a weight of 51bs.) 1 or 2 LMR400 Coax cables (1/2 inch) @ a height not to exceed 100' Frequency: 2.4Ghz, 5.2Ghz, 5.3Ghz, 5.8 Ghz, or 4.9 Gbz 10/04/07 PUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY TYPE OF MEETING: Regular DATE: October 16, 2007 TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall at 5:00 p.m. on Friday, October 12, 2007. - " a_u V L� kj t Julizrin M. Stevens, Deputy City Clerk AGENDA 1. Call to Order Chairman Stephen Cataudella 2. Roll Call 3. Consideration and appropriate action relating to a request for approval of the Consent Agenda. All matters listed under "Consent" are considered by the Trustees to be routine and will be enacted by one motion. Any Trustee may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable. A. Approval of the Minutes of the October 2, 2007 Regular Meeting and the October 4, 2007 Special Meeting. Attachment #3 -A B. Approval of Claims. Attachment #3 -B C. Acknowledgement of receiving the monthly FY 2007 -2008 budget status report. Attachment # 3 -C S AAgend as \0P W A\2007\ 1016. do c Owasso Public Works Authority October 16, 2007 Page 2 4. Report from OPWA Manager. 5. Report from OPWA Attorney. 6. New Business. (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 7. Adjournment. S:\Agendas\OPWA\2007\1016.doc OWASSO PUBLIC WORKS AUTHORITY MINUTES OF REGULAR MEETING Tuesday, October 2, 2007 A quorum was not present, therefore no business was conducted. OWASSO PUBLIC WORKS AUTHORITY MINUTES OF SPECIAL MEETING Thursday, October 4, 2007 The Owasso Public Works Authority met in special session on Thursday, October 4, 2007 in the meeting room of the Owasso Community Center, located at 302 S. Cedar per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 7:00 p.m. on Tuesday, October 2, 2007. ITEM 1. CALL TO ORDER Chairman Cataudella called the meeting to order at 7:09 p.m. ITEM 2. ROLL CALL PRESENT Steve Cataudella, Mayor Susan Kimball, Councilor Jon Sinex, Councilor A quorum was declared present. STAFF Rodney J. Ray, City Manager Julie Lombardi, City Attorney ABSENT DJ Gall, Vice Mayor Doug Bonebrake, Councilor ITEM 3. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the September 18, 2007 Regular Meeting. B. Approval of Claims. Mr. Sinex moved, seconded by Ms. Kimball, to approve the OPWA Consent Agenda with claims totaling $474,002.69 and payroll claims totaling $73,669.16. YEA: Cataudella, Kimball, Sinex NAY: None Motion carried 3 -0. Owasso Public Works Authority October 4, 2007 ITEM 4. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR TRUSTEE APPROVAL TO TRANSFER THE PROCEEDS OF THE OPWA SALES TAX REVENUE NOTE FROM THE OPWA TO THE CITY OF OWASSO CAPITAL IMPROVEMENTS FUND. Ms. Bishop presented the item. Ms. Kimball moved, seconded by Mr. Sinex to approve the transfer of $9,833,650 from the OPWA Fund to the City of Owasso Capital Improvements Fund. YEA: Cataudella, Kimball, Sinex NAY: None Motion carried 3 -0 ITEM 5. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR TRUSTEE APPROVAL OF RESOLUTION NO. 2007 -09, A RESOLUTION AGREEING TO FILE AN APPLICATION WITH THE OKLAHOMA WATER RESOURCES BOARD (THE "OWRB ") FOR FINANCIAL ASSISTANCE THROUGH THE OWRB STATE REVOLVING FUND PROGRAM, WITH THE LOAN PROCEEDS BEING UTILIZED FOR THE PURPOSE OF FINANCING WASTEWATER SYSTEM IMPROVEMENTS AND RELATED IMPROVEMENTS SERVING THE CITY OF OWASSO, OKLAHOMA; AND CONTAINING OTHER PROVISIONS RELATED THERETO. Ms. Bishop presented the item. Mr. Sinex moved, seconded by Ms. Kimball to approve Resolution 2007 -09. YEA: Cataudella, Kimball, Sinex NAY: None Motion carried 3 -0 ITEM 6. REPORT FROM OPWA MANAGER None ITEM 7. REPORT FROM OPWA ATTORNEY None ITEM 8. NEW BUSINESS None 2 Owasso Public Works Authority ITEM 9. ADJOURNMENT Ms. Kimball moved, seconded by Mr. Sinex, to adjourn. YEA: Cataudella, Kimball, Sinex NAY: None Motion carried 3 -0 and the meeting was adjourned at 7:12 pm. Juliann Stevens, Minute Clerk 3 October 4, 2007 Stephen Cataudella, Chair OPWA CLAIMS TO BE PAID 10/16/07 VENDOR DESCRIPTION AMOUNT UNIFIRST HOLDINGS LP UNIFORM /PROTECTIVE CLOTHING 62.80 SAMS CLUB OPERATING SUPPLIES 153.24 WAL -MART COMMUNITY OPERATING SUPPLIES 86.03 AEP /PSO 09/07 USE 1,263.03 TRUGREEN LANDCARE LLC MAINT SERVICE 130.00 AT &T PHONE USE 274.76 THE FADLER COMPANY CHARACTER TRAINING 47.75 WAL -MART COMMUNITY CHARACTER TRAINING 42.23 JPMORGAN CHASE COMMERCIAL CARD OWASSO LUMBER - SUPPLIES 41.04 JPMORGAN CHASE COMMERCIAL CARD STOWS FURNITURE -DESK 759.90 JPMORGAN CHASE COMMERCIAL CARD STOWS FURNITURE -DESK 379.95 ADMINISTRATION DEPT TOTAL 3,240.73 DAVID R. OLINGHOUSE METER READER 447.75 KATHLEEN A BALSIGER METER READER 329.85 TYRONE EUGENE DINKINS METER READER 356.85 TOMMY G ARRINGTON METER READER 127.80 MARK MEYER METER READER 563.85 TECHNICAL PROGRAMMING SERVICES INC BILLING SERVICE 1,111.45 UTILITY BILLING DEPT TOTAL 2,937.55 BAKER TRENCHING BORING -METER SET 420.00 WATER PRODUCTS REPAIR/MAINT SUPPLIES 8.20 GEORGE & GEORGE SAFETY AND GLOVE UNIFORMS /PROTECTIVE CLOTHING 38.08 UNIFIRST HOLDINGS LP UNIFORMS /PROTECTIVE CLOTHING 105.52 JPMORGAN CHASE COMMERCIAL CARD BROWN FARMS -SOD 60.00 JPMORGAN CHASE COMMERCIAL CARD WATER PRODUCTS -GRADE LOCK 300.70 JPMORGAN CHASE COMMERCIAL CARD LOWES- TUBING AND FITTING 8.57 MILL CREEK LUMBER & SUPPLY FORM BOARDS 41.04 FUELMAN FUEL 902.05 JPMORGAN CHASE COMMERCIAL CARD CITY OF TULSA - PURCHASE OF WATER 118,020.67 JPMORGAN CHASE COMMERCIAL CARD CITY OF TULSA - PURCHASE OF WATER 171,813.69 AEP /PSO 09/07 USE 705.14 JPMORGAN CHASE COMMERCIAL CARD SKILLPATH SEMINARS - SUPERVISOR TRAINING 189.00 JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT -DESK 249.99 WATER DEPT TOTAL 292,862.65 SAMS CLUB OPERATING SUPPLIES 134.60 WAL -MART COMMUNITY OPERATING SUPPLIES 36.98 NORTH CENTRAL LABS LAB SUPPLIES 400.99 TREASURER PETTY CASH STUDY GUIDE MANUAL 5.00 FORT BEND SERVICES INC CHEMICALS /POLYMER 2,790.00 JPMORGAN CHASE COMMERCIAL CARD GELLICO- BOOTS - MCKNIGHT 107.99 GEORGE & GEORGE SAFETY AND GLOVE UNIFORMS /PROTECTIVE CLOTHING 38.08 UNIFIRST HOLDINGS LP UNIFORMS /PROTECTIVE CLOTHING 111.48 JPMORGAN CHASE COMMERCIAL CARD LOCKE SUPPLY -PARTS FOR AERATOR MOTOR 18.46 JPMORGAN CHASE COMMERCIAL CARD BAILEY EQUIPM ENT-WEED EATER PARTS 19.31 JPMORGAN CHASE COMMERCIAL CARD ATWOODS- TOOLS /SUPPLIES 15.62 JPMORGAN CHASE COMMERCIAL CARD ATWOODS -BELT PRESS REPAIR 13.92 JPMORGAN CHASE COMMERCIAL CARD GRAINGER -FUSES 38.50 VENDOR DESCRIPTION AMOUNT FUELMAN FUEL 471.50 GRAINGER FLASHLIGHTS 64.38 WASTE MANAGEMENT QUARRY LANDFILL SLUDGE REMOVAL 2,523.70 AEP /PSO 09/07 USE 16,983.36 HERTZ EQUIPMENT RENTAL RENTAL -CRANE 550.00 AT &T PHONE USE 112.35 JPMORGAN CHASE COMMERCIAL CARD LODGING - HANSON 180.00 JPMORGAN CHASE COMMERCIAL CARD TRAVEL EXPENSE -SUNG 11.00 JPMORGAN CHASE COMMERCIAL CARD TRAVEL EXPENSE -SUNG 10.69 JPMORGAN CHASE COMMERCIAL CARD TRAVEL EXPENSE -SUNG 10.64 JPMORGAN CHASE COMMERCIAL CARD TRAVEL EXPENSE -SUNG 12.86 JPMORGAN CHASE COMMERCIAL CARD TRAVEL EXPENSE -SUNG 7.37 JPMORGAN CHASE COMMERCIAL CARD TRAVEL EXPENSE -SUNG 17.11 JPMORGAN CHASE COMMERCIAL CARD TRAVEL EXPENSE -SUNG 25.82 JPMORGAN CHASE COMMERCIAL CARD NEWEGG -CABLE 8.98 JPMORGAN CHASE COMMERCIAL CARD LODGING -SUNG 270.60 JPMORGAN CHASE COMMERCIAL CARD TRAVEL EXPENSE -SUNG 8.69 JPMORGAN CHASE COMMERCIAL CARD SKILLPATH SEMINARS -MGMT TRAINING 189.00 ACCURATE ENVIRONMENTAL WASTEWATER LAB EXAM -SUNG 485.00 TREASURER PETTY CASH MILEAGE -SUNG 106.70 WW TREATMENT PLANT DEPT TOTAL 25,780.68 GEORGE & GEORGE SAFETY AND GLOVE UNIFORMS /PROTECTIVE CLOTHING 38.08 UNIFIRST HOLDINGS LP UNIFORMS /PROTECTIVE CLOTHING 68.68 JPMORGAN CHASE COMMERCIAL CARD GRAINGER -FLOAT SWITCH 32.67 JPMORGAN CHASE COMMERCIAL CARD LOWES -BOLT FOR WINDSOR PUMP STATION 1.55 FUELMAN FUEL 896.42 JPMORGAN CHASE COMMERCIAL CARD ATWOODS -TOOLS 82.05 JPMORGAN CHASE COMMERCIAL CARD ATWOODS- CHANNEL LOCKS 31.83 AEP /PSO 09/07 USE 4,742.24 LOT MAINTENANCE OF OKLAHOMA, INC. SERVICES - JETTER 937.50 AT &T PHONE USE 36.20 JPMORGAN CHASE COMMERCIAL CARD VISTA - TRAINING DVD 108.00 JPMORGAN CHASE COMMERCIAL CARD TRAVEL EXPENSE -EATON 6.29 JPMORGAN CHASE COMMERCIAL CARD TRAVEL EXPENSE -EATON 16.27 JPMORGAN CHASE COMMERCIAL CARD TRAVEL EXPENSE -EATON 5.19 JPMORGAN CHASE COMMERCIAL CARD TRAVEL EXPENSE -EATON 7.29 JPMORGAN CHASE COMMERCIAL CARD LODGING -EATON 135.30 ACCURATE ENVIRONMENTAL STUDY MANUAL 5.00 WASTEWATER DEPT TOTAL 7,150.56 TOTER, INC. PILOT CART RENTALS 800.00 GEORGE & GEORGE SAFETY AND GLOVE UNIFORMS /PROTECTIVE CLOTHING 38.08 UNIFIRST HOLDINGS LP UNIFORMS /PROTECTIVE CLOTHING 75.06 FUELMAN FUEL 4,895.28 LOT MAINTENANCE OF OKLAHOMA, INC. STREET SWEEP 1,425.00 AT &T PHONE USE 18.73 JPMORGAN CHASE COMMERCIAL CARD THE SIGNAL - REPLACE CELL PHONE -HOLT 50.00 JPMORGAN CHASE COMMERCIAL CARD COACHING SYSTEMS - REFUSE DRIVER COURSE 440.50 WASTE MANAGEMENT QUARRY LANDFILL LANDFILL TIPPING FEES 13,218.69 REFUSE DEPT TOTAL 20,961.34 UNIFIRST HOLDINGS LP UNIFORM /PROTECTIVE CLOTHING 17.42 VENDOR DESCRIPTION AMOUNT AEP /PSO 09/07 USE 112.11 AT &T PHONE USE 18.73 WASTE MANAGEMENT QUARRY LANDFILL LANDFILL TIPPING FEES 7,415.16 NATIONAL WASTE & DISPOSAL, INC. GLASS ROLLOFF 200.00 RECYCLE DEPT TOTAL 7,763.42 OPWA OPERATING FUND TOTAL 360,696.93 GREELEY & HANSEN, LLC WWTP EXPANSION /UPGRADE PUMP STATION 20,205.00 CAPITAL IMPROVEMENTS FUND TOTAL 20,205.00 OPWA GRAND TOTAL 380,901.93 OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 9/29/2007 DEPARTMENT OVERTIME EXPENSES TOTAL EXPENSES OPWA Administration 13,995.67 Utility Billing - 6,915.55 Water 550.07 12,025.86 Wastewater 38.94 16,418.91 Wastewater Collection 1,033.0 Refuse - Recy' de Center 11,115.36 1,466.37 FUND TOTAL 11,622.04 71,118.52 CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY - OPERATING FUND FISCAL YEAR 2007 -2008 Statement of Revenues & Expenses As of September 30, 2007 OPERATING REVENUES: Water Wastewater Refuse & recycle Other fees Interest & other TOTAL OPERATING REVENUES OPERATING EXPENSES: Personal services Materials & supplies Other services Capital outlay Debt service TOTAL OPERATING EXPENSES REVENUES OVER EXPENSES MONTH YEAR 2,079,983 TO -DATE TO -DATE BUDGET 2,961,515 426,958 998,776 3,400,000 134,332 346,942 1,378,000 117,820 348,344 1,309,000 33,040 96,443 401,000 1,200 4,346 26,000 713,350 1,794,851 6,514,000 PERCENT 29.38% 25.18% 26.61% 24.05% 216,378 497,416 2,079,983 23.91% 329,694 688,489 2,961,515 23.25% 58,048 201,965 1,069,365 18.89% 13,124 71,616 718,625 9.97% 617,244 1,459,486 6,829,488 21.37% 96,106 335,365 (315,488) NET INCOME (LOSS) 96,106 WORKING CAPITAL - Beginning Balance WORKING CAPITAL - Ending Balance 876,381 800,000 PUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC GOLF AUTHORITY TYPE OF MEETING: Regular DATE: October 16, 2007 TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the _ 'ty Clerk and posted at City Hall at 5:00 p.m. on Friday, October 12, 2007. _ l} L LkA Juliann M. Stevens,,Deputy City Clerk AGENDA 1. Call to Order Chairman Stephen Cataudella 2. Roll Call 3. Consideration and appropriate action relating to a request for approval of the Consent Agenda. All matters listed under "Consent" are considered by the Trustees to be routine and will be enacted by one motion. Any Trustee may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable. A. Approval of the Minutes of October 2, 2007 Regular Meeting and the October 4, 2007 Special Meeting. Attachment #3 -A B. Approval of Claims. Attachment #3 -B C. Acknowledgement of receiving the monthly FY 2007 -2008 budget status report. Attachment # 3 -C S AAgendas \OPGA\2007 \1016. doc October 16, 2007 Page 2 4. Report from OPGA Manager. 5. Report from OPGA Attorney. 6. New Business. (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 7. Adj ournment. S AAgendas \OP GA\2007\ 1016. doe OWASSO PUBLIC GOLF AUTHORITY MINUTES OF REGULAR MEETING Tuesday, October 2, 2007 A quorum was not present, therefore no business was conducted. OWASSO PUBLIC GOLF AUTHORITY MINUTES OF SPECIAL MEETING Thursday, October 4, 2007 The Owasso Public Golf Authority met in special session on Thursday, October 4, 2007 in the meeting room of the Owasso Community Center, located at 302 S. Cedar per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 7:00 p.m. on Tuesday, October 2, 2007. ITEM 1. CALL TO ORDER Chairman Cataudella called the meeting to order at 7:12 p.m. ITEM 2. ROLL CALL PRESENT Steve Cataudella, Mayor Susan Kimball, Councilor Jon Sinex, Councilor A quorum was declared present. STAFF Rodney J. Ray, City Manager Julie Lombardi, City Attorney ABSENT DJ Gall, Vice Mayor Doug Bonebrake, Councilor ITEM 3. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the September 18, 2007 Regular Meeting. B. Approval of Claims. Mr. Cataudella moved, seconded by Ms. Kimball, to approve the OPGA Consent Agenda with claims totaling $13,849.73 and payroll claims totaling $25,971.21. YEA: Cataudella, Kimball, Sinex NAY: None Motion carried 3 -0. Owasso Public Golf Authority ITEM 4. REPORT FROM OPGA MANAGER None ITEM 5. REPORT FROM OPGA ATTORNEY None ITEM 6. NEW BUSINESS None ITEM 7. ADJOURNMENT Chairman Cataudella moved, seconded by Ms. Kimball, to adjourn. YEA: Cataudella, Kimball, Sinex NAY: None Motion carried 3 -0 and the meeting was adjourned at 7:13 pm. Juliann Stevens, Minute Clerk 2 October 4, 2007 Stephen Cataudella, Chair OPGA CLAIMS TO BE PAID 10/16/07 VENDOR DESCRIPTION AMOUNT BGR DAILY ACCOUNT REIMB PETTY CASH 762.56 JPMORGAN CHASE COMMERCIAL CARD TEXOMA GOLF -GRIPS 100.48 JPMORGAN CHASE COMMERCIAL CARD ACUSHNET -CLUBS AND JACKET 236.78 JPMORGAN CHASE COMMERCIAL CARD GEAR FOR SPORT - APPAREL 2,060.24 JPMORGAN CHASE COMMERCIAL CARD ACUSHNET- CLUBS /SHOES /JACKET 604.43 JPMORGAN CHASE COMMERCIAL CARD NIKE USA - MERCHANDISE 57.37 JPMORGAN CHASE COMMERCIAL CARD CALLAWAY GOLF -CLUBS 961.70 JPMORGAN CHASE COMMERCIAL CARD ACUSHNET- MERCHANDISE 2,945.25 JPMORGAN CHASE COMMERCIAL CARD PBD PGA EDUCATION - TRAINING /MOORE 560.00 JPMORGAN CHASE COMMERCIAL CARD TRAINING -BURD 41.02 GOLF SHOP MERCHANDISE DEPT TOTAL 8,329.83 BOTTLING GROUP, LLC BEVERAGES 1,391.00 STANDARD DISTRIBUTING SNACKS 257.07 WAL -MART COMMUNITY GROCERIES 23.45 THE FADLER COMPANY GROCERIES 573.00 THE FADLER COMPANY GROCERIES 210.41 IMPERIAL COFFEE SERVICE COFFEE 53.90 THE FADLER COMPANY GROCERIES 120.42 THE FADLER COMPANY SUPPLIES 17.33 THE FADLER COMPANY SUPPLIES 40.84 THE FADLER COMPANY SUPPLIES 175.55 TERRA TELECOM LLC PHONE REPAIR 147.00 BGS GREASE TRAP SERVICE GREASE REMOVAL 100.00 UNITED LINEN & UNIFORM RENTAL LINENS 123.96 PARTY PERFECT WEDDING VENTURES RENTALS - WEDDING 310.00 FOOD & BEVERAGE DEPT TOTAL 3,543.93 STAND -BY PERSONNEL, INC TEMPORARY LABOR 2,046.00 STAND -BY PERSONNEL, INC TEMPORARY LABOR 1,359.00 JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT -NOTE PADS 7.58 JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT - SUPPLIES 33.76 JPMORGAN CHASE COMMERCIAL CARD OFFICE DEPOT -CUPS 27.54 YALE CLEANERS, INC. SHOP TOWELS 8.27 YALE CLEANERS, INC. SHOP TOWEL SERVICE 8.27 PARKWAY RESEARCH CHEMICALS 142.74 ESTES, INCORPORATED FERTILIZER 140.52 PARKWAY RESEARCH FERTILIZER 730.40 ESTES, INCORPORATED FERTILIZERS 285.00 JPMORGAN CHASE COMMERCIAL CARD LESCO -GRASS SEED 720.00 YOCHAM TRUCKING, INC. SAND 388.28 HERITAGE - CRYSTAL CLEAN SOLVENT DRUM MOUNT 190.08 B & M OIL COMPANY INC DIESEL FUEL 1,362.86 AEP /PSO 09/07 USE 1,932.05 JPMORGAN CHASE COMMERCIAL CARD PLATINUM PROTECTION - SECURITY MONITORING 25.00 LUBER BROS INC NEUTRAL SWITCH /CLUTCH 73.00 BAILEY EQUIPMENT, INC OPERATING SUPPLIES 37.68 PROFESSIONAL TURF PRODUCTS, LP SOLENOID 231.20 JPMORGAN CHASE COMMERCIAL CARD QUALITY TIRES- TRAILER TIRE 92.95 JPMORGAN CHASE COMMERCIAL CARD QUALITY TIRES -TIRES 69.95 VENDOR DESCRIPTION AMOUNT O'REILLY AUTOMOTIVE INC AT &T COX COMMUNICATIONS WASTE MANAGEMENT QUARRY LANDFILL AEP /PSO JPMORGAN CHASE COMMERCIAL CARD UNITED LINEN & UNIFORM RENTAL TERRA TELECOM LLC JPMORGAN CHASE COMMERCIAL CARD JPMORGAN CHASE COMMERCIAL CARD COURSE TRENDS, INC GOLFSWITCH, INC AT &T SWITCH /LIGHTS PHONE USE COURSE MAINTENANCE DEPT TOTAL CABLE SERVICE TRASH SERVICE 09/07 USE PLATINUM PROTECTION - SECURITY MAINT RUGS PHONE REPAIR OFFICE DEPOT -CHAIR REPLACEMENT FEDEX KINKO- LANDSCAPE PLAN COPIES WEB HOSTING INTERNET TEE TIMES PHONE USE ADMINISTRATION DEPT TOTAL OPGA FUND TOTAL 37.97 40.44 9,990.54 63.94 198.32 2,420.20 25.00 31.00 147.00 99.99 93.49 345.00 150.00 146.84 3,720.78 25,585.08 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 10/16/07 VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 36,784.80 HEALTHCARE MEDICAL SERVICE 11,140.01 ADMIN FEES 14,259.60 STOP LOSS FEES 12,827.52 HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL 75,011.93 DELTA DENTAL DENTAL MEDICAL SERVICE 3,253.20 DENTAL MEDICAL SERVICE 1,310.00 ADMIN FEES 1,999.06 DENTAL MEDICAL SERVICE 1,661.00 DENTAL MEDICAL SERVICE 4,691.27 DENTAL MEDICAL SERVICE 3,386.20 DENTAL DEPT TOTAL 16,300.73 VSP VISION MEDICAL SERVICES 3,974.35 ADMIN FEES 1,153.92 VISION DEPT TOTAL 5,128.27 HEALTHCARE SELF INSURANCE FUND TOTAL 96,440.93 OWASSO PUBLIC GOLF AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 9/29/2007 DEPARTMENT OVERTIME TOTAL EXPENSES EXPENSES Golf Shop Operations - 4,645.54 Cart Operations - 2,352.21 Golf Course Operations 179.24 9,874.20 ... Food & Beverage - 2,353.17 General & Administration - 6,789.22 FUND TOTAL 17924 26,014.34 CITY OF OWASSO OWASSO PUBLIC GOLF AUTHORITY FISCAL YEAR 2007 -2008 Statement of Revenues & Expenses As of September 2007 and 2006 OPERATING REVENUES: Golf shop fees Merchandise sales COS -- merchandise Food & beverage COS -- food & beverage Interest & other Transfer from General Fund TOTAL OPERATING REVENUES OPERATING EXPENSES: Personal services Materials & supplies Other services Capital outlay Debt service TOTAL OPERATING EXPENSES NET INCOME (LOSS) September 30, 2007 Month Year Percent To -Date To -Date Budget of Budget September 30, 2006 Month Year Percent To -Date To -Date Budget of Budget 64,830 216,006 835,374 25.86% 87,495 253,768 849,000 29.89% 15,309 56,234 205,450 27.37% 19,931 53,660 200,000 26.83% (14,099) (43,577) (153,505) 28.39% (14,849) (39,977) (149,000) 26.83% 14,727 57,273 222,950 25.69% 24,717 72,031 234,500 30.72% (4,824) (22,317) (69,786) 31.98% (6,794) (22,752) (73,515) 30.95% 2,493 8,175 30,000 27.25% 279 1,387 45,000 3.08% - - - 0.00% 33,333 100,000 400,000 25.00% 78,436 271,794 1,070,483 25.39% 144,112 418,117 1,505,985 27.76% 89,288 235,885 660,818 35.70% 53,849 172,691 662,105 26.08% 7,111 30,555 89,430 34.17% 3,769 22,498 90,950 24.74% 9,267 38,203 218,425 17.49% 9,952 37,497 173,218 21.65% - 3,655 49,900 7.32% 2,816 2,816 41,185 6.84% 4,263 12,788 51,910 24.63% 42,167 129,517 538,527 24.05% 109,928 321,085 1,070,483 29.99% 112,553 365,019 1,505,985 24.24% (31,491) (49,292) - 31,559 53,098 -