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HomeMy WebLinkAbout1999.07.20_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: July 20, 1999 TIME: 6:30 p.m. PLACE: Council Chambers, Owasso Community Center Notice and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 p.m. on Friday, July 16, 1999. Marci Boutwell, City Clerk AGENDA 1. Call to Order Mayor Wilken 2. Invocation Councilor H C "Will" Williams 3. Flag Salute Councilor Melinda Voss 4. Roll Call 5. Consideration and Appropriate Action Relating to a Request for 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 consent by request. A motion to adopt the Consent Agenda is non - debatable. A. Approval of the Minutes of July 6, 1999 Regular Meeting and July 13, 1999 Special Meeting. Attachment #5 -A Owasso City Council July 20, 1999 Page 2 B. Approval of Claims. Attachment #5 -B C. Action Relating to a Contract Extension for Collection and Remittance of E -911 Funds. Attachment #5 -C The staff recommends that the contract with Logix Communications for the collection of E -911 funds and remittance of those funds to the City of Owasso be extended for the 1999- 2000 fiscal year under the same conditions as the current agreement. D. Action Relating to a Request for City Council Authorization to Declare Certain Items Obsolete or Surplus and to Conduct a Public Auction for the Sale of Said Items. Attachment #5 -D The staff recommends that the City Council declare certain items obsolete or surplus to the needs of the City, and authorize the sale of those items at public auction. 6. Consideration and Appropriate Action Relating to Change Order #2, a Change Order to a Contract Between the City of Owasso and Frix and Foster Construction Co Inc for Construction of a Four -Plex at the Owasso Sports Park. Mr Henderson Attachment #6 The staff will recommend Council approval of Change Order #2 increasing the contract amount ' by an amount not to exceed $27,725 for the construction of a tournament size soccer field at the Owasso Sports Park. Owasso City Council July 20, 1999 Page 3 7. Consideration and Appropriate Action Relating to Acceptance of Right -of -Way Easement From Robert C Lavendusky and Cheryl Lavendusky to the City of Owasso; and Authorization for the Mayor to Execute the Document. Mr Cates Attachment #7 The staff will recommend acceptance of the Right -of -Way Easement to be utilized as a part of ' the Northside Wastewater Collection System project, and authorization for the Mayor to execute the document. 8. Consideration and Appropriate Action Relating to Acceptance of Right -of -Way Easement From Mildred Worley, Earl Worley, and Barbara Worley to the City of Owasso; and Authorization for the Mayor to Execute the Document. Mr Cates See Attachment #7 The staff will recommend acceptance of the Right -of -Way Easement to be utilized as a part of ' the Northside Wastewater Collection System project, and authorization for the Mayor to execute the document. Ii 9. Consideration and Appropriate Action Relating to Acceptance of Right -of -Way Easement From Lonnie M and Sandra J Lamb to the City of Owasso; and Authorization for the Mayor to Execute the Document. ' Mr Cates See Attachment #7 The staff will recommend acceptance of the Right -of -Way Easements to be utilized as a part of the Northside Wastewater Collection System project, and authorization for the Mayor to execute the document. 1 L' Owasso City Council July 20, 1999 Page 4 10. Consideration and Appropriate Action Relating to Resolution #99 -05, a Resolution Determining the Necessity for Condemnation Proceedings Condemning a Temporary Easement and Sanitary ' Sewer Easement on Property Owned by Lonnie M and Sandra J Lamb, the Temporary Easement Being Described as a Tract of Land in Tulsa County, Oklahoma, to -wit: Twenty -five (25) feet each side of a line beginning at a point on the north line of ' the NE' /4 of Section 24, T21N, R13E at a point 379.59 feet east of the NW corner of said NE1 /4; thence S06 °02'30 "W a distance of 136.70 feet to a pooint; thence S06 °03'01 "E a distance of 420.00 feet to an existing manhole, LESS a twenty foot wide permanent easement along the same alignment, said tract of land containing 0.38 acres more or less; and the Permanent Sanitary Sewer Easement Being Described as a Perpetual Easement, Through, Over, Under and Across the Following Property, Situated in Tulsa County, Oklahoma, to -wit: Ten (10) feet each side of a line beginning at a point on the north line of the NE' /4 of Section 24, T21N, R13E at a point 379.59 feet east of the NW corner of said NE' /4; thence S06 °02'30 "W a distance of 136.70 feet to a point; thence S06 °03'01 "E a distance of 420.00 feet to an existing manhole, said tract of land containing 0.26 acres more or less. Mr Cates See Attachment 47 The staff will recommend approval of Resolution #99 -05. t 11. Consideration and Appropriate Action Relating to Resolution #99 -06, a Resolution Determining the Necessity for Condemnation Proceedings Condemning a Temporary Easement and Sanitary Sewer Easement on Property Owned by Mildred Worley and Earl and Barbara Worley, the Temporary Easement Being Described as a Tract of Land in Tulsa County, Oklahoma, to -wit: A strip of land across the northwest corner of the west 330 feet of the south 810 feet of the NE' /4 NE' /4 of Section 13, T21N, R13E, more particularly described as follows: Forty feet each side of a line beginning at a point on the west line of the NE' /4 NE' /4 of Section 13, T21N, R13E, at a point approximately 695 feet south of the NW corner of said NE' /4 NE' /4; thence N64 °07'01 "E a distance of Owasso City Council July 20, 1999 Page 5 approximately 120 feet to a point; thence N45 °52'56 "E a distance of approximately 185 feet to a point of termination at a point 510 feet south of the north line of said NE' /4 NE' /4, LESS a Thirtv foot wide permanent easement along the same alignment, said tract of land containing 0.35 acres more or less; and the Permanent Sanitary Sewer Easement Being Described as a Perpetual Easement, Through, Over, Under and Across the Following Property. Situated in Tulsa County, Oklahoma, ' to -wit: A strip of land across the northwest corner of the west 330 feet of the south 810 ' feet of the NE' /4 NE' /4 of Section 13, T21N, R14E, more particularly described as follows: Fifteen feet each side of a line beginning at a point on the west line of the NE' /4 NE' /4 of Section 13, T2 IN, RI 33E, at a point approximately 695 feet ' south of the NW corner of said NE' /4 NE 1/4; thence 64007'01"E a distance of approximately 120 feet to a point; thence N45 °52'56 "E a distance of ' approximately 185 feet to the point of termination at a point 510 feet south of the north line of said NE' /4 NE' /4, said tract of land containing 0.21 acres more or less. Mr Cates See Attachment #7 ' The staff will recommend approval of Resolution #99 -06. 1 12. Report from City Manager. 1 13. Report from City Attorney. I Owasso City Council July 20, 1999 Page 6 14. Report from City Councilors. 15. New Business. 16. Adjournment. n OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, July 6, 1999 The Owasso City Council met in regular session on Tuesday, July 6, 1999 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Friday, July 2, 1999. ITEM 1: CALL TO ORDER Mayor Wilken called the meeting to order at 6:30 p.m. ITEM 2: INVOCATION ' Councilor Denise Bode offered the invocation. ITEM 3: FLAG SALUTE Vice Mayor Mary Lou Barnhouse led in the flag salute. ' ITEM 4: ROLL CALL ' PRESENT ABSENT Mark Wilken, Mayor Mary Lou Barnhouse, Vice Mayor ' Denise Bode, Councilor Melinda Voss, Councilor H C "Will" Williams, Councilor STAFF Jeff Hancock, City Manager ' Ronald D Cates, City Attorney Marcia Boutwell, City Clerk i F1 A quorum was declared present. ITEM 5: READING OF MAYOR'S PROCLAMATION. Mayor Wilken read and presented a proclamation to Ms Patty Bruce, with the Margaret Hudson Program, proclaiming July 10, 1999 as Margaret Hudson program Day in the City of Owasso. ITEM 6: REQUEST BY CITIZEN TO ADDRESS THE CITY COUNCIL. The citizen, Ms Sandie Lee, was not present and the item was stricken from the agenda. Owasso City Council July 6, 1999 ITEM 7: REQUEST BY FRATERNAL ORDER OF POLICE LODGE #149 TO ADDRESS THE CITY COUNCIL RELATIVE TO GRANT APPLICANTS. The Fraternal Order of Police requested earlier in the day that this item be removed from the agenda. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. A. Approval of the Minutes of June 15, 1999 Regular Meeting and June 10, 1999 and July 1, 1999 Special Meetings. B. Approval of Claims. The consent agenda included minutes of the June 15, 1999 regular meeting and June 10, 1999 and July 1, 1999 special meetings, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) General Fund $38,728.82; (2) Workers' Comp Self -Ins Plan $4,232.66; (3) Ambulance Service Fund $2,683.16; (4) City Garage $13,359.03; (5) Capital Improvements $9.428.57; (6) Bond Projects Fund $35.070..00; (7) Payroll $185,025.30; (8) City Garage Payroll $3,741.29. Dr Bode moved, seconded by Ms Voss, to approve the consent agenda. AYE: Bode, Voss, Williams, Barnhouse, Wilken NAY: None Motion carried 5 -0. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST TO EXTEND BEYOND ITS ORIGINAL TERM AN AGREEMENT BETWEEN THE CITY OF OWASSO AND FOP LODGE #149. Mr Hancock said that negotiations between the City and FOP Lodge # 149 have been ongoing since March of this year. Discussions reached an impasse and mediation was held on June 7, 1999. At the Lodge's request, a negotiation session was held on June 29, 1999, but no agreement was reached. Since municipal contracts with employee bargaining units legally expire on the date set for in the contract (in this case, June 30, 1999), it has been the practice of the City of Owasso to extend the contracts until such time as a replacement agreement is negotiated and ratified. Ms Barnhouse moved, seconded by Ms Voss, to approve an extension of the existing 1998 -99 labor contract with the FOP until such time as a new contract can be agreed upon and ratified by the Lodge and City Council. AYE: Barnhouse, Voss, Bode, Williams, Wilken NAY: None Motion carried 5 -0. 2 Owasso City Council July 6, 1999 ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST TO DECLARE CERTAIN PROPERTY AS SURPLUS TO THE NEEDS OF THE CIDTY AND AUTHORIZE THE DISPOSAL OF SUCH PROPERTY. Mr Henderson presented the item. Three of the structures on the site of the new City Hall /Police Station need to be disposed of in order for construction of the new facility to take place. The Owasso Code of Ordinances provides that surplus material owned by the City of Owasso may be disposed of through the use of sealed bids or public auction. Prior to the disposal, the City Council must formally declare all items valued at more than $500 to be surplus to the needs of the City. These three structures have been vacated and are no longer in use. Ms Barnhouse moved, seconded by Ms Voss, to declare structures located at 105 N Main, 104 N Birch, and 108 N Birch surplus to the needs of the City, and that the City Clerk be directed to advertise for sealed bids on the structures. ' AYE: Barnhouse, Voss, Bode, Williams, Wilken NAY: None IMotion carried 5 -0. ' ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A FINAL PLAT FOR NOTTINGHAM ESTATES III, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA. Mr Warlick said that a final plat has been submitted for Nottingham Estates III, a 23 -lot subdivision ' located on the east side of N 138`h East Ave, to the east of Nottingham Estates II. The Technical Advisory Committee and Planning Commission have approved the final plat, which conforms to all city codes and requirements. The Oklahoma Department of Environmental Quality have provided the required water and sewer permits. Dr Bode moved, seconded by Ms Voss, to approve the final plat for Nottingham Estates III. AYE: Bode, Voss, Williams, Barnhouse, Wilken NAY: None Motion carried 5 -0. N 3 Owasso City Council July 6, 1999 ' ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN ANNUAL AGREEMENT BETWEEN THE CIDTY OF OWASSO AND THE OKLAHOMA TAX COMMISSION PROVIDING FOR THE TAX COMMISSION TO ADMINISTER THE CITY'S SALES TAX ORDINANCE DURING FY 1999- 2000, AND AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT Ms Bishop said that the City of Owasso levies a 3% sales tax and 3% use tax on the eligible sales as allowed by statute. The Oklahoma Tax Commission collects and administers the taxes. In return, OTC retains I% of the total amount collected. The City has an agreement with OTC, which allows them to collect Owasso's portion of the tax. This agreement must be renewed annually. Ms Voss moved, seconded by Mr Williams, to approve an FY 1999 -2000 agreement providing for the collection and remittance of municipal sales tax by the Oklahoma Tax Commission, and that the Mayor be authorized to execute the necessary documents relating to the agreement. AYE: Voss, Williams, Bode, Barnhouse, Wilken NAY: None Motion carried 5 -0. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A AN ANNUAL AGREEMENT BETWEEN THE CITY OF OWASSO AND THE OKLAHOMA TAX COMMISSION PROVIDING FOR THE TAX COMMISSION TO ADMINISTER THE CITY'S USE TAX ORDINANCE DURING FY 1999 -2000 AND AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT. Ms Voss moved, seconded by Mr Williams, to approve an FY 1999 -2000 agreement providing for the collection and remittance of municipal use tax by the Oklahoma Tax Commission, and that the Mayor be authorized to execute the necessary documents relating to the agreement. AYE: Voss, Williams, Bode, Barnhouse, Willken NAY: None Motion carried 5 -0. ITEM 14: REPORT FROM CITY MANAGER Mr Hancock suggested that everyone read the City Manager's Report, as it contains a lot of good information. El Owasso City Council July 6, 1999 ITEM 15: REPORT FROM CITY ATTORNEY No report. ITEM 16: REPORT FROM CITY COUNCILORS Dr Bode remarked on the grand opening of the clubhouse at Bailey Ranch Golf Club, and congratulated Warren Lehr for a job well done. ITEM 17: NEW BUSINESS None. ITEM 18: ADJOURNMENT Dr Bode moved, seconded by Ms Voss, to adjourn. AYE: Bode, Voss, Williams, Barnhouse, Wilken NAY: None Motion carried 5 -0, and the meeting was adjourned at 6:44 p.m. Marcia Boutwell, City Clerk 5 Mark Wilken, Mayor OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING ' Tuesday, July 13, 1999 The Owasso City Council met in special session on Tuesday, July 13, 1999 in the Training Room t at the Owasso Fire Station per the Notice of Public Meeting called on Tuesday, July 6, 1999, and Notice and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 p.m. on Monday, July 12, 1999. ' ITEM 1: CALL TO ORDER. tMayor Wilken called the meeting to order at 5:30 p.m. ' Present: Mark Wilken, Mayor; Mary Lou Barnhouse, Vice Mayor, Denise Bode, Councilor (in at 5:40 p.m.); Melinda Voss, Councilor; H C "Will" Williams, Councilor; City Manager Jeff Hancock; Assistant City Manager Tim Rooney; City Clerk Marcia Boutwell; City Attorney Ron Cates; ' Finance Director Sherry Bishop; Support Services Director Jim McElrath, Dwayne Henderson, Phil Lutz, and others. A quorum was declared present. ITEM 2. APPROVAL OF CLAIM. A claim was presented for the purchase of a new vehicle for the Community Development Department. This was done because the check must be presented at the time the vehicle is picked up. Ms Voss moved, seconded by Mr Williams, to approve the following claim: General Fund $15,261.95. ' AYE: Voss, Williams, Barnhouse, Wilken NAY: None Motion carried 4 -0. I ITEM 3: DISCUSSION OF PROPOSED PLANNED UNIT DEVELOPMENT AT GARNETT RD & 106TH STREET NORTH. Mr Bland Pittman presented a proposed planned unit development to be located in the area of Garnett Rd & 10611 St N. ITEM 4. PRESENTATION OF CITY HALL/POLICE STATION SCHEMATIC DESIGN. Ms Kathleen Page presented the schematic design of the proposed facility to the Council. She said this is a preliminary design and changes are still being made. Owasso City Council July 13, 1999 ITEM 5: DISCUSSION RELATING TO BOND ISSUE PROJECTS. Mr Henderson updated the Council on the status and progress of the bond issue projects. Mayor Wilken recessed the meeting at 7:05 p.m. and reconvened at 7:15 p.m. Councilor Bode out at 7:15 p.m. ITEM 6: DISCUSSION RELATING TO PUBLIC WORKS DEPARTMENT MOVE TO NEW BUILDING. Mr Lutz said that the Public Works Department, including administration and field operations, plans to move to the former PSO building in the near future. He presented plans and costs for the renovation of the building. ITEM 7: DISCUSSION RELATING TO PRECISION COMPONENTS. Mr McElrath told the Council that Precision Components is interested in purchasing the Street Department building located just north of the Recycle Center. He presented some alternatives for relocation of the work being done in that building. There was discussion relating to the Recycle Center and the land immediately to the west of the Center. Consensus was that those properties should be retained. Mr McElrath and Mr Hancock will continue to pursue the sale of the Street Department building. ITEM 8: POLICE DEPARTMENT ITEMS. A. PURCHASE OF DIGITAL RECORDING SYSTEM B. DISCUSSION RELATED TO POLICE CHIEF REPORT ON A COPS UNIVERSAL HIRING GRANT APPLICATION. FY 1999 -2000 BUDGET, AND STAFFING AND PROGRAM REVIEW. Chief Alexander told the Council that the recording system utilized at the Police Department is in need of significant repairs. It would be more cost effective to purchase new equipment that to try to repair the existing equipment. There was a lengthy discussion on the use of grants for adding police officers. It was the consensus to instruct the Chief to apply for one officer under the COPS Universal Hiring Grant at this time and to revisit the issue in the spring. The Chief said that she is looking at staffing levels and programs being carried out in the department. 2 Owasso City Council July 13, 1999 ITEM 9: REPORT FROM ASSISTANT CITY MANAGER A. YMCA AGREEMENT B. APARTMENT TAX CREDIT APPLICATION FROM RED -WOOD DEVELOPMENT INC Mr Rooney said that the YMCA has approached the City concerning an expansion of their facilities. He plans to put together a committee to discuss the expansion. The committee will include a representative from the YMCA, a representative from the FOR_ two City Councilors, and City staff. There continues to be a lot of discussion concerning the proposed apartments on E 116t' St N. It was decided that a public hearing will be held at 5:30 p.m. on Tuesday, September 10, 1999 in the Council Chambers at the Community Center. The public hearing will conclude by 7:00 p.m. in order for the Planning Commission to hold their regularly scheduled meeting. Because of the public hearing, there will be no work session. 1 The Mayor recessed the meeting a 9:30 p.m. and reconvened at 9:45 p.m. ' ITEM 10. REPORT FROM CITY MANAGER. A. OWASSO MARKET INFRASTRUCTURE (LETTER) J 1� 1 Mr Hancock briefly discussed the proposed Owasso Market. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REOUEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING NEGOTIATIONS BETWEEN THE CITY OF OWASSO AND THE FOP, SUCH DICUSSION ALLOWED PURSUANT TO 25 O.S., SECTION 307 -B(2); AND FOR THE PURPOSE OF DISCUSSING THE ACQUISITION OF REAL PROPERTIES RELATED TO THE NORTH OWASSO SEWER SYSTEM, AN AREA WEST OF HIGHWAY 169 ALONG 96TH STREET NORTH, RIGHT -OF- WAY AT 76TH STREET NORTH AND 129TH EAST AVENUE, AND WASHINGTON COUNTY RURAL WATER DISTRICT, SUCH DISCUSSION ALLOWED PURSUANT TO 25 O.S., SECTION 307 -B(3): AND FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION INVOLVING THE CITY OF OWASSO AND RANDY BROCK, SUCH DISCUSSION ALLOWED PURSUANT TO 25 O.S, SECTION 307 -B(4). Ms Barnhouse moved, seconded by Ms Voss, to enter into executive session for the purposes stated. Into executive session at 9:48 p.m. Ms Barnhouse out at 10:50 p.m. Out of executive session at 10:59 p.m. Owasso City Council ITEM 12: ADJOURNMENT Ms Voss moved, seconded by Mr Williams, to adjourn. AYE: Voss, Williams, Wilken NAY: None Motion carried 3 -0, and the meeting was adjourned at 11:00 p.m. Marcia Boutwell, City Clerk 0 Mark Wilken, Mayor July 13, 1999 7,16/99 8:23:12 CITY OF OWASSO GENERAL FUND A/P CLAIMS REPORT B APAPVR PAGE: 5 PO # VENDOR DESCRIPTION AMOUNT - - - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- 993075 TREASURER PETTY CASH DEPARTMENT TOTAL = = = => IN F AGERIAL ----------------------- - - - - -- ■ r r , DEPARTMENT TOTAL = = = => T NANCE ---------------------- - - - - -- 992397 CRAWFORD & ASSOCIATES PC AUDIT SERVICES 992397 CRAWFORD & ASSOCIATES PC PHASE II- SPECIAL REVIEW 993075 TREASURER PETTY CASH MILEAGE -STAFF ;OMMUN I TY 200100 200103 y 200106 200142 200240 990017 992974 992975 po DEPARTMENT TOTAL = = = => DEVELOPMENT --------------- - - - -- TULSA COUNTY MIS DOZIER PRINTING WAL -MART TREASURER PETTY CASH SUBURBAN OFFICE SUPPLY BURR KANNADY GO SYSTEMS CITY GARAGE DEPARTMENT TOTAL DIAL UP SERVICE LICENSE CARDS OFFICE SUPPLIES REIMB PETTY CASH OFFICE SUPPLIES ELECTRICAL INSPECTIONS FUEL -06/99 VEHICLE MAINT -06/99 50.00 50.00 659.98 59.00 60.00 20.40 5.00 23.27 514.08 60.71 375.00 47.41 27.23 25.87 1,877.95 4,200.00 5,030.00 153.97 9,383.97 40.00 50.00 41.97 12.95 17.70 118.91 95.38 140.94 517.85 200021 OFFICE DEPOT CARD PLAN OFFICE FURNITURE 200136 CLARION HOTEL LODGING- ROONEY 200137 OK MUNICIPAL LEAGUE TRAINING - ROONEY 200142 TREASURER PETTY CASH REIMB PETTY CASH 200142 TREASURER PETTY CASH REIMB PETTY CASH 200142 TREASURER PETTY CASH COUNCIL WORK SESSION ICMA ANNUAL DUES - HANCOCK '200239 990558 WAL -MART OFFICE SUPPLIES 992915 PETER'S APPRAISAL SERVICE STREET GARAGE APPRAISAL 992974 GO SYSTEMS FUEL -06/99 993075 TREASURER PETTY CASH CITY MGR EXPENSE 993075 TREASURER PETTY CASH MILEAGE - BOUTWELL DEPARTMENT TOTAL = = = => T NANCE ---------------------- - - - - -- 992397 CRAWFORD & ASSOCIATES PC AUDIT SERVICES 992397 CRAWFORD & ASSOCIATES PC PHASE II- SPECIAL REVIEW 993075 TREASURER PETTY CASH MILEAGE -STAFF ;OMMUN I TY 200100 200103 y 200106 200142 200240 990017 992974 992975 po DEPARTMENT TOTAL = = = => DEVELOPMENT --------------- - - - -- TULSA COUNTY MIS DOZIER PRINTING WAL -MART TREASURER PETTY CASH SUBURBAN OFFICE SUPPLY BURR KANNADY GO SYSTEMS CITY GARAGE DEPARTMENT TOTAL DIAL UP SERVICE LICENSE CARDS OFFICE SUPPLIES REIMB PETTY CASH OFFICE SUPPLIES ELECTRICAL INSPECTIONS FUEL -06/99 VEHICLE MAINT -06/99 50.00 50.00 659.98 59.00 60.00 20.40 5.00 23.27 514.08 60.71 375.00 47.41 27.23 25.87 1,877.95 4,200.00 5,030.00 153.97 9,383.97 40.00 50.00 41.97 12.95 17.70 118.91 95.38 140.94 517.85 CITY OF OWASSO GENERAL FUND 7/16/99 8:23:12 A/P CLAIMS REPORT APAPVR PAGE: 6 ' PO it -- - - - - -- VENDOR - - - -- DESCRIPTION - -- AMOUNT - - -- , --- - - - - -- - ------- - - - - -- - --------- - - - - -- JNICIPAL COURT , ----------------------- - - - - -- 200019 CN HASKELL & ASSOC COMPUTER SERVICES 540.00 200102 T -SHIRT EXPRESS ETC COURT SIGNS 50.00 992432 BOB EBERLE BAILIFF DUTIES 40.00 992650 HOWARD SMITH BAILIFF DUTIES 140.00 200116 DEPARTMENT TOTAL - --- - - - -> COPY PAPER - - - - - -- , 770.00 gGINEERING ----------------------------- TREASURER PETTY CASH REIMB PETTY CASH 200021 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 9.58 992517 FOUNTAINHEAD RESORT LODGING -LUTZ 65.00 992974 GO SYSTEMS FUEL -06/99 43.84 237.93 DEPARTMENT TOTAL =___> TULSA WORLD 118.42 ENERAL GOVERNMENT ----------------------- - - - - -- 200007 RONALD D CATES RETAINER 700.00 200007 RONALD D CATES LEGAL SERVICES 3,187.62 200021 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 345.92 200030 OK MUNICIPAL LEAGUE ANNUAL FEE 9,061.53 200116 XPEDX COPY PAPER 210.00 200142 TREASURER PETTY CASH REIMB PETTY CASH 14.85 200142 TREASURER PETTY CASH NOTARY RENEWAL 25.00 200157 OWASSO CHAMBER OF COMMERC ANNUAL MEMBERSHIP 1,220.00 200209 WESTERN BUSINESS PRODUCTS COPIER MAINTENANCE 237.93 200222 TULSA WORLD ANNUAL SUBSCRIPTION 60.00 200240 SUBURBAN OFFICE SUPPLY OFFICE SUPPLIES 35.16 200249 OKLAHOMA NATURAL GAS 6/99 USE 37.29 200250 PSO 6/99 USE 828.31 990117 IKON OFFICE SOLUTIONS COPIER MAINTENANCE 400.17 990285 KIMBALL ACE HARDWARE MAINT /REPAIR SUPPLIES 12.99 990837 FEDEX POSTAGE 65.50 992792 SCOTT RICE FURNITURE INVENTORY 960.00 993037 UTICA PARK CLINIC HEPATITIS SHOT 50.00 DEPARTMENT TOTAL = = = => 17,452.27 ;UPPORT SERVICES ------------------------ - - - - -- 200019 CN HASKELL & ASSOC COMPUTER SERVICES 157.50 ''16/99 8:23:12 PO # CITY OF OWASSO GENERAL FUND A/P CLAIMS REPORT APAPVR PAGE: 7 VENDOR DESCRIPTION AMOUNT 1,-- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- 1 200021 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 5.69 r 200026 UNIFIRST CORPORATION UNIFORM CLEAN /RENT 20.36 200119 ACTION PLUMBING PLUMBING REPAIRS 57.50 200120 CROSSROADS COMMERCIAL BUILDING CLEANING 1,075.00 '200142 TREASURER PETTY CASH REIMB PETTY CASH 7.96 990284 DISTRICT II PROBATION DOC WORKERS /PAY 329.34 990285 KIMBALL ACE HARDWARE MAINT /REPAIR SUPPLIES 47.88 990285 KIMBALL ACE HARDWARE MAINT /REPAIR SUPPLIES 38.43 992974 GO SYSTEMS FUEL -06/99 185.54 992975 CITY GARAGE VEHICLE MAINT -06/99 49.68 993035 CROSSROADS COMMERCIAL CLEANING SERVICE 340.91 ------- - - - - -- DEPARTMENT TOTAL =___> 2,315.79 JJIETERY ----------------------------- 200250 PSO 6/99 USE 15.42 992974 GO SYSTEMS FUEL -06/99 24.26 - - - - -- DEPARTMENT TOTAL =___> ------- 39.68 ' DICE SERVICES ---------------------------- 200021 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 8.87 200045 HOWARD STAMPER RETAINER /SERVICES 150.00 200047 FIRST BANK CLAREMORE FSB COPIER LEASE 202.00 200105 MULTIPLIER CORP RADIO BATTERIES 82.17 200106 WAL -MART OFFICE SUPPLIES 39.25 200106 WAL -MART OFFICE SUPPLIES 14.45 200116 XPEDX COPY PAPER 105.00 200141 LAUREATE PSYCHIATRIC CLIN EVALUATION 185.00 200142 TREASURER PETTY CASH REIMB PETTY CASH 12.95 200146 TUXALL UNIFORM & EQUIP VEST COVER 45.00 200147 REASORS FILM PROCESSING 20.61 200148 SCOTT MEDICAL CLINIC HEPATITIS SHOTS 40.00 200149 KIMBALL ACE HARDWARE KEYS 2.97 200149 KIMBALL ACE HARDWARE MAINT SUPPLIES 73.55 200158 PATROL TECHNOLOGY RAIN GEAR 45.00 I 200248 SOUTHWESTERN BELL TELE 6/99 NON - PLEXAR 49.87 200249 OKLAHOMA NATURAL GAS 6/99 USE 34.78 200250 PSO 6/99 USE 565.90 990009 FRATERNAL ORDER OF POLICE LEGAL DEFENSE PLAN 98.00 990375 YALE CLEANERS UNIFORM CLEANING 1,131.09 992263 NELSON MARKETING PLASTIC BAGS 499.32 992317 OGIA TRAINING -4 OFFICERS 400.00 1 7/16/99 8:23:12 CITY OF OWASSO GENERAL FUND A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT --- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- 992974 GO SYSTEMS 992975 CITY GARAGE 993001 STEPHEN TRYON DEPARTMENT TOTAL = = = => JLICE COMMUNICATIONS ----------------------- - - - - -- 200106 WAL -MART 200125 THREE LAKES LAUNDRY 200147 REASORS DEPARTMENT TOTAL = = = => NIMAL CONTROL ----------------------- - - - - -- 200089 ADMIRAL SECURITY 200106 WAL -MART 200125 THREE LAKES LAUNDRY 200250 PSO 990558 WAL -MART 992974 GO SYSTEMS 992975 CITY GARAGE DEPARTMENT TOTAL = = = => 'IRE SERVICES ----------------------- - - - - -- 200249 OKLAHOMA NATURAL GAS 200250 PSO 992974 GO SYSTEMS 993091 CLASSIC CHEVROLET DEPARTMENT TOTAL = = = => :MERGENCY PREPAREDNESS ------------------------ - - - - -- FUEL -06/99 VEHICLE MAINT -06/99 REIMB PHONE CALLS FILM PROCESSING PRISONER LAUNDRY PRISONER MEALS LOCK INSTALLATION SHELTER SUPPLIES BULK LAUNDRY 6/99 USE OFFICE SUPPLIES FUEL -06/99 VEHICLE MAINT -06/99 6/99 USE 6/99 USE FUEL -06/99 AMBULANCE REPAIR 1,695.42 3,002.98 31.20 8,535.38 9.12 91.50 70.40 171.02 150.00 37.34 16.50 159.42 5.94 47.35 200.50 617.05 80.12 669.25 409.50 72.60 1,231.47 200005 AT &T WIRELESS SERVICES PHONE USE - STAMPER 11.17 200121 OKLAHOMA EMERGENCY MEMBERSHIP DUES 25.00 200248 SOUTHWESTERN BELL TELE 6/99 NON - PLEXAR 95.75 200250 PSO 6/99 USE 64.09 i 1 1 1 1 CITY OF OWASSO po GENERAL FUND x,16/99 8:23:12 A/P CLAIMS REPORT APAPVR PAGE: 9 PO # VENDOR DESCRIPTION AMOUNT - - - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- ----> 196.01 DEPARTMENT TOTAL -- -- r EETS - --------------------- - - - - -- 200009 PSO STREET LIGHTING 2,316.54 200011 ADAM ROCK ATOR EASEMENT 4/6/99 25.00 200029 CROW BURLINGAME REPAIR PARTS 3.30 200038 UNIFIRST CORPORATION UNIFORM CLEAN /RENT 71.40 200080 BROWN FARMS SOD SOD- REPAIRS 60.00 200082 APAC - OKLAHOMA, INC. GRAVEL 190.42 200085 RAINBOW CONCRETE CO CONCRETE 215.25 200086 MILL CREEK LUMBER & SUPPL MAINT /REPAIR SUPPLIES 254.16 200087 HUGHES LUMBER CO MAINT /REPAIR SUPPLIES 52.51 200249 OKLAHOMA NATURAL GAS 6/99 USE 25.50 200250 PSO 6/99 USE 311.99 990296 WELSCO INC CYLINDER RENTAL 11.65 992011 UNIFIRST CORPORATION UNIFORM RENTAL /CLEANING 35.70 992904 STANDARD AUTO SUPPLY MAINT /REPAIR SUPPLIES 30.35 992974 GO SYSTEMS FUEL -06/99 434.77 992975 CITY GARAGE VEHICLE MAINT -06/99 3,386.80 DEPARTMENT TOTAL = = = => 7,425.34 �. NITY CENTER --------------------------- 200118 ACCURATE FIRE EQUIPMENT SVS FIRE EXTINGUISHERS 89.60 L200249 OKLAHOMA NATURAL GAS 6/99 USE 49.87 200250 PSO 6/99 USE 812.89 992975 CITY GARAGE VEHICLE MAINT -06/99 2.00 ' - - - - -- - DEPARTMENT TOTAL - - - - - - -- > 954-36 A K MAINTENANCE - qw --------------------- - - - - -- 200127 ASSOCIATED PARTS & SUPPLY REPAIR PARTS 121.04 200128 MIRACLE RECREATION EQUIP SAFETY CHECK KIT 42.00 200249 OKLAHOMA NATURAL GAS 6/99 USE 91.87 200250 PSO 6/99 USE 1,139.64 992358 ARLEY OWENS MOW -PRIDE PARK 147.00 992359 LARRY TURNER MOW - RAYOLA PARK 642.00 992974 GO SYSTEMS FUEL -06/99 149.26 992975 CITY GARAGE VEHICLE MAINT -06/99 120.61 CITY OF OWASSO GENERAL FUND 7/16/99 8:23:12 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT --- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- 993134 BAILEY EQUIPMENT REPAIR PARTS 29.99 993136 WATER PRODUCTS INC REPAIR SUPPLIES 78.20 DEPARTMENT TOTAL =___> 2,561.61 CONOMIC DEVELOPMENT ----------------------- - - - - -- 200017 ALL COPY SUPPLIES COPIER RENTAL 50.00 200142 TREASURER PETTY CASH REIMB PETTY CASH 1.00 200142 TREASURER PETTY CASH PHONE USE- TOBIAS 57.80 993075 TREASURER PETTY CASH MILEAGE /EXPENSES - TOBIAS 354.79 DEPARTMENT TOTAL =___> 463.59 FUND TOTAL =___> 54,681.76 f 2 744. El 57�`l ti5 .98 10 CITY OF OWASSO AMBULANCE SERVICE FUND 7/19/99 11:22:31 A/P CLAIMS REPORT PO # VENDOR DESCRIPTION ---- - - - - -- ---------------- - - - - -- AMBULANCE ------------------------------ 200093 AT &T WIRELESS SERVICES 200096 OK STATE DEPT HEALTH 993061 ALLIANCE MEDICAL INC DEPARTMENT TOTAL = = = => FUND TOTAL = = = => PHONE USE -ALL AMBULANCE RUN FORMS AMBULANCE SUPPLIES APAPVR PAGE: AMOUNT - - -- ------- - - - - -- 53.13 166.00 591.53 810.66 810.66 1 CITY OF OWASSO GENERAL FUND 7/19/99 11:22:31 A/P CLAIMS REPORT PO ## VENDOR DESCRIPTION ---- - - - - -- ------------------- - - - - -- --------------- - -- FIRE SERVICES ------------------------------ 200054 BMI SYSTEMS OF TULSA 200092 PAGENET 200093 AT &T WIRELESS SERVICES 200093 AT &T WIRELESS SERVICES 200134 ERNIE MILLER 200135 SNOW'S FURNITURE 200139 HERITAGE PLUMBING DEPARTMENT TOTAL FUND TOTAL GRAND TOTAL COPIER LEASE /MAINT PAGER USE PHONE USE -ALLEN PHONE USE -ALL VEHICLE REPAIR FURNITURE -UNCLOG SEWER LINE APAPVR PAGE: AMOUNT - -- ------- - - - - -- 185.13 192.64 34.86 58.58 100.00 1,991.00 202.00 2,764.21 2,764.21 3,574.87 2 0 CITY OF OWASSO COLLISION SELF - INSURANCE 416/99 8:23:12 A/P CLAIMS REPORT PO it VENDOR DESCRIPTION - - - - - -- ------------------- - - - - -- ----------------------- r "ERAL GOVERNMENT 1-9 --------------------------- I 992963 PRUITT'S BODY SHOP INC DEPARTMENT TOTAL =___> I I FUND TOTAL =___> I I I I I I I I I I VEHICLE REPAIR APAPVR PAGE: AMOUNT -- ------- - - - - -- 3,213.62 3,213.62 3,213.62 1 CITY OF OWASSO WORKERS' COMP SELF —INS PLAN 7/16/99 8:23:12 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT --- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- sNERAL GOVERNMENT ----------------------- - - - - -- 200070 MEDCENTER INC C05039 157.81 200162 TULSA RADIOLOGY ASSOCIATE S01139 150.64 DEPARTMENT TOTAL =___> 308.45 FUND TOTAL =___> 308.45 2 CITY OF OWASSO AMBULANCE SERVICE FUND 7116199 8:23:12 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT - - - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- ^ULANCE - --------------------- - - - - -- 200055 MEDICAL COMPLIANCE SPECIA BIO -WASTE DISPOSAL 30.00 200142 TREASURER PETTY CASH TRAINING BOOKS 126.99 200210 MEDICLAIMS, INC. MONTHLY SERVICE FEE 1,454.64 993121 ROGERS STATE UNIVERSITY TRAINING - LAWLESS 107.25 DEPARTMENT TOTAL =___> 1,718.88 FUND TOTAL =___> 1,718.88 810. 41. a 3 CITY OF OWASSO E - 911 7/16/99 8:23:12 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT --- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- )LICE COMMUNICATIONS ----------------------------- 200006 SOUTHWESTERN BELL TELE E -911 SERVICE DEPARTMENT TOTAL = = = => FUND TOTAL = = = => 1,892.16 1,892.16 1,892.16 4 CITY OF OWASSO M CITY GARAGE 1/16/99 8:23:12 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT 't; Y GARAGE - w-------------------- - - - - -- 200018 '200022 200026 200029 200029 200107 200117 *. 200118 200249 200250 990280 990285 990296 992974 992975 CONTINENTAL BATTERY CO B & M TIRE CENTER INC UNIFIRST CORPORATION CROW BURLINGAME CROW BURLINGAME JIM LANG'S UPHOLSTERY WAL -MART ACCURATE FIRE EQUIPMENT OKLAHOMA NATURAL GAS PSO YOUNG'S TIRE SERVICE KIMBALL ACE HARDWARE WELSCO INC GO SYSTEMS CITY GARAGE DEPARTMENT TOTAL = = = => FUND TOTAL BATTERIES 52.95 TIRE/VEHICLE REPAIRS 21.00 UNIFORM CLEAN /RENT 61.10 REPAIR SUPPLIES 17.25 REPAIR PARTS 448.36 VEHICLE REPAIR 130.00 MAINT SUPPLIES- 7.76 SVS FIRE EXTINGUISHERS 99.50 6/99 USE 26.74 6/99 USE 240.20 TIRE REPAIRS 81.95 MAINT /REPAIR SUPPLIES 44.53 CYLINDER RENTAL 36.90 FUEL -06/99 57.26 VEHICLE MAINT -06/99 236.75 1,562.25 1,562.25 17 CITY OF OWASSO ' CAPITAL IMPROVEMENTS 7/16/99 8:23:12 A/P CLAIMS REPORT APAPVR PAGE: 19 ' PO # --- - - - - -- VENDOR - - - -- DESCRIPTION - -- AMOUNT - - -- , --- - - - - -- ----- - - - - -- - --------- - - - - -- ENERAL GOVERNMENT ----------------------------- 993031 DELL COMPUTER CORP COMPUTER HARDWARE 6/15/99 30,527.50 DEPARTMENT TOTAL =___> 30,527.50 t ------------- FUND TOTAL =___> 30,527.50 CITY OF OWASSO BOND PROJECTS FUND 7716/99 8:23:12 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT - - - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- FEET IMPROVEMENTS - --------------------- - - - - -- 991413 HORIZON CONST CO INC- STREET REPAIRS 10/20/98 - - -- 58,559_57 DEPARTMENT TOTAL - - - -> 58,559.57 :..RTS PARK IMPROVEMENTS ----------------------------- 992510 FRIX & FOSTER CONST CO IN 4 PLEX CONST 2/2/99 DEPARTMENT TOTAL =___> IFUND TOTAL =___> GRAND TOTAL =___> I I I I 17,325.00 17,325.00 75,884.57 367,627.25 w CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 07/03/99 Department Overtime Expenses Total Expenses General Fund ........................................................................................................................................................................................ ......................................................................................................................................................................................... ........................................................................................................................................................................................ ana enal :' ::..:.::' : > ` >€ > > ...... .. ::.. 0.{10 >< <> >? ............................... ............................... ............................... > > > ..::..10 480:49 Finance 0.00 6,711.71 ,.. t eve o nz CUtrimunl...... n _. ...................................................................................... ::::..::..:.:......:::......:.. ......................................... t} ;;: .6t1........ ............................... ............................... 4 8 8Q ..8I. Municipal Court 0.00 2,225.50 ......................................................................................................................................................................................... ........................................................................................................................................................................................ xux..... »:....:::: ........................:::......: ............. ................................ :::: !:::::::: ............................... .............. ............................... ............................... ............................... ' (1, ... .........�..................... Information Systems . ...................................................... . ............. ........ . ................ 0.00 .. .. . . . ....`:2....,,.7...7...0......2...0 ... : 419431... ,..; Police 197.58 61,019.95 ......................................................................................................................................................................................... ........................................................................................................................................................................................ ..................... .................................................................................................................................................................... Cenral zspatch:< >> > > ... . . . �3 � } ............................... ............................... ............................... Animal Control ........................................................................................................................................................................................ 0.00 1,770.20 ............................... ......................................................................................................................................................................................... Fire :: .. .... >:::: > >::::.. »:: .: ............................... . Street 176.26 10.601.96 Park Maintenace 1 11 1.33 General Fund Total $522.33 $173,847.12 Garage Fund Garage Fund Total $0.00 $3,713.97 APPROVED: 07/20/99 Mayor Council Member Council Member MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: M A. ALEXANDER CHIEF OF POLICE SUBJECT: REQUEST APPROVAL OF LOGIX CONTRACT DATE: July 13, 1999 ' BACKGROUND: The City of Owasso provides Emergency 911 service to Owasso citizens with specifically identified telephone prefixes. Agreements were made with the telephone service providers that in accordance with ordinance #571, five percent of the customer's telephone bill is returned to PP the City of Owasso to aid in the support of providing this emergency communication service. Until September of 1998, Southwestern Bell Telephone was the only emergency provider for our customers. As more companies enter into the telephone provider arena, it is important that the City of Owasso receive the appropriate funds from all telephone providers as required by City Ordinance #571. is In September 1998, Logix Communications requested authorization to provide telephone service to Owasso citizens. The attached contract was approved by City Council that authorizes Logix to collect the E -911 service fee assessed on local access lines and remit same to the City of Owasso. For this service, Logix charges an administrative cost of 2% of the collected 5 %. Incidently, Southwestern Bell telephone performs the same service with a larger number of customers, with an administrative cost of 2.5 % of the collected fees. ■ RECOMMENDATION: Staff recommends Council approval and authorization for the mayor to execute the appropriate documentation to renew the contract that allows Logix Communications to continue to provide service to Owasso citizens and to collect identified E -911 fees. ATTACHMENTS: 1. Logix Contract 2. Owasso City Ordinance #571 c >- r COMMUNICATIONS 3555 N. W. 58th Street Oklahoma City, OK 73112 June 6, 1999 City Clerk City of Owasso PO Box 180 Owasso, OK 74055 -0180 Dear City Clerk: It is time for renewal of the 911 Service Fee Agreement between Logix Communications Corporation and the City of Owasso. The agreement executed last year provided for approval through the end of your City's fiscal year. Please accept this letter as evidence that Logix wishes to renew the 911 Service Fee Agreement for the next fiscal year under the same conditions as the previous Agreement. I will look forward to receiving documentation from your City that the renewal has been approved. You may mail the document to my attention at: Logix Communications Corporation 3555 NW 58t, 9t' floor Oklahoma City, OK 37112 I may be reached on 405.516.8784 should there be any questions regarding this matter. Logix appreciates our association with the City of Owasso. Sincerely, Ann Bolen Manager 911 Services tel: 405.515.8400 • 888.391.8700 • WWW.IOgiA,om.eOM F 1b 1 AGREEMENT FOR ENHANCED EMERGENCY NUMBER (E -911) SERVICE THIS Agreement for Enhanced Emergency Number (E -911) Service (" Agreement ") is made and entered into as of this 6`' day of October, 1998, by and between LOGIX Communications Corporation ("LOGIC), an Oklahoma corporation, having its principal place of business at 13439 North Broadway Extension, Oklahoma City, Oklahoma, 73114, and the City of Owasso, Oklahoma, having its principal place of business at 207 S. Cedar, Owasso, Oklahoma, 74055, ( "City"). ' WHEREAS, LOGIX is a Telecommunications Service Provider as defined by Oklahoma Administrative Code 165:55, providing telecommunications services in the State of Oklahoma, and in the City. WHEREAS, pursuant to its obligation to provide telecommunications services to P its subscribers within its certified service areas, LOGIX has built a telecommunications system in the City. ' WHEREAS, LOGIC, in conjunction with Southwestern Bell, offers its subscribers Enhanced Emergency Number (E -911) Service which shall include, but not be limited to, the development of a Master Street Address Guide (MSAG), selective routing, Automatic Location Identification (ALI) and the Automatic Number Identification (ANI) services. ' WHEREAS, LOGIC is willing to furnish, install, and maintain said features, subject to the terms and conditions set forth, as well as those contained in its approved tariff ' NOW, THEREFORE, it is mutually agreed between the parties as follows: ' 1. This Agreement is entered into between LOGIX and the City for provision of facilities by LOGIC to the City for the City's use in their efforts to receive reports of emergencies from the public in the City's designated service areas. 2. As authorized by the Nine- One -One Emergency Number Act, 63 O.S. Supp. 1996, Sections 2814 and 2815, as amended, and City's ordinance numbered ' #571, LOGIX shall collect from service users and remit to the City the E-911 service fee assessed on local exchange access Imes. For this service, LOGIX shall retain two percent (2 %) of the total amount collected. 1 3. Service is provided solely for the use and benefit of the City and the provision of such service shall not be interpreted or construed as creating any obligation of LOGIX toward, or any right of action on behalf of any third party or other legal entity. 4. The City will be responsible for implementation and ongoing administration of all E-911 data management associated with its E -911 Service. The City's responsibilities include: (a) Identifying City's boundaries for police, fire and emergency medical services and providing this information to Southwestern Bell and LOGIX on the forms provided by Southwestern Bell. (b) Coordinating the accuracy of Master Street Address Guide (MSAG) information used to update the Automatic Location Identification (ALI) data file and advising LOGIX of any changes in street names, establishment of new streets, changes in address number used on existing streets, closing and abandonment of streets, changes in local jurisdictional boundaries, annexation, or any other matter that will affect the routing of any E -911 call to the City's PSAP. Changes, deletions, and additions which the City desires to have made in the MSAG files shall be submitted to LOGIX on an "as occurred" basis. LOGIC shall process MSAG file changes to the Southwestern Bell Data Base Management System as documented in the Interconnect Agreement between the two companies. MSAG file changes are to be submitted by the City to LOGIX at the following address: Ann Bolen, Manager 911 Services Logix Communications Corporation 13439 N. Broadway Extension Oklahoma City, OK 73114 S. MSAG updates will be processed by LOGIX as quickly as reasonably possible after receipt of information from the City. The ALI data file will be updated as quickly as reasonably possible following completion of the order for service. 6. The parties hereto further agree that, in the absence of any delay occasioned by events or factors which are beyond the control of LOGIC, the in- service date for the services covered by this Agreement shall be September 1, 1998. 2 1 ' 7. Where service is provided under this contract for use in connection with the City - provided communications equipment, the operating characteristics of such equipment shall be such as not to interfere with any of the features offered by LOGIX. The City agrees to use public safety communications equipment that is standard in the industry and adequate to handle its 911 calls. I I 1 8. Additions, modifications, or removals of features will be made by LOGIX at the City's request. Each such addition, modification, or removal will be subject to the charges and rates in effect at the time the work is performed. 9. LOGIX's Credit Records and Billings (CRB) records are confidential and proprietary. The City will maintain the confidentiality of these records and will establish controls to ensure this information is only used in connection with City's provision of E -911 Service. 10. LOGIX will provide maintenance at no additional cost for the City's E-911 Service on a two (2) hour response time, twenty -four (24) hours -a -day. The City will be provided the names of LOGIX's personnel to notify when emergency repair is required for the City's E -911 Service. 11. While it is the intent of the City to renew this Agreement, the parties agree and understand that the City, being a political subdivision of the State of Oklahoma, cannot be bound in this Agreement past its current fiscal year of June 30, 1999. Therefore, the parties agree that the contract term shall be from the date of execution through the end of the City's current fiscal year, and that parties upon mutual agreement may renew this Agreement at the end of the contract term for successive one year periods. In no event shall the City be bound to any such renewal until and unless the City approves this renewal and it is executed by the authorized official of the City. In no event shall the City be obligated financially or otherwise or be subject to any penalty or damage for failure of the City to renew this Agreement. 12. LOGIX shall not be liable to the City for any damages arising out of errors, interruptions, defects, failures or malfunctions of E -911 Services, including, but not limited to, damages arising from errors or defects of associated equipment and data processing systems, except that the City shall be entitled to an allowance for interruptions. 13 Neither party shall be held responsible for any delay or failure in performance under this Agreement to the extent that such delay or failure is caused by circumstances beyond the control of such party, including without limitation, fire, flood, explosion, war, acts or omissions of carriers and other similar conditions ( "Force Majeure Condition "). If a Force Majeure Condition occurs, the party whose performance is affected shall notify the other party and shall resume performance as soon as reasonably possible. 3 14. In the course of implementing and administering the E-911 Services, LOGIX may provide the City certain confidential numbers and proprietary information, including nonpublished telephone numbers. The City agrees to keep such information confidential and to refrain from disseminating such information except to employees and agents of the City who, during the course of their employment need to have access to such data for the purpose of implementing and administering E -911 Services. When such information is no longer needed for that purpose, the City will return such information to LOGIX at LOGIX's reasonable request. 15. The failure of either party to enforce any of its provisions of this Agreement, or a waiver thereof in any instance, shall not be construed as a general waiver or relinquishment on its part of any such provisions, but the same shall, nevertheless, be and remain in full force and effect. 16. The City and LOGIX agree to comply with all applicable Federal, State and local laws, regulations, and codes in the performance of this Agreement. 17. All notices or other communications changes hereunder (other than MSAG file changes) shall be deemed to have been duly given when made in writing and delivered in person or deposited in the United States mail, postage paid and addressed as follows: To the City: City of Owasso Ronald D Cates, City Attorney PO Box 180 Owasso, OK 74055 To LOGIX: Ann Bolen, Manager 911 Services Logix Communications Corporation 13439 N. Broadway Extension Oklahoma City, OK 73114 The address to which notices may be given or made by either party may be changed by written notice given by such party to the other pursuant to this paragraph. 4 r ' 18. The terms of this Agreement, and each of them, cannot be waived, altered or amended unless the same be consented to in writing by the parties hereto. ' 19. This Agreement contains the entire Agreement of the parties with respect to the service described herein, and no other Agreement, statement, or promises ' made by any party, or to any employee, officer, or agent of either party, which is not contained in the Agreement shall be binding or valid. ' 20. LOGIX acknowledges that this Agreement is contingent upon the availability of funds provided by the assessment of emergency telephone fees imposed by the City in accordance with the Nine-One-One Emergency Number Act, 63 ' O. S. §2811 et seq. LOGIX further acknowledges that this Agreement is subject to the appropriation of sufficient fiends in each fiscal year for which E- ' 911 Services are provided and, in the event of the failure of the City to appropriate funds as herein provided, this Agreement shall be null and void without further action by the City. (Oklahoma Constitution Article 10 Section ' 26) 21. LOGIX further agrees that there will be no additional charges incurred by the City upon the execution of this Agreement. 22. LOGIX and the City shall each have the right to cancel this Agreement as follows: (a) LOGIX shall have the right to cancel this agreement in the event of the violation of the City of any of the terms and conditions hereof upon ninety (90) days written notice of cancellation to the City and failure by the City to cure such violation within such period. (b) The City shall have the right to cancel this agreement in the event of the violation by LOGIC of any terms and conditions hereof upon ninety (90) days written notice of cancellation to LOGIX and failure by LOGIC to cure such violation within such period. 5 IN WITNESS WHEREOF, said parties have caused this Agreement to be executed in their behalf as of the date indicated below. \j Y OF 0 F�A o , o �QHOMP Attest. Marcia Boutwell City Clerk Title :E CrrY/TOWN OF Denise Bode Name Mayor Title October 6, 1998 Date LOGIX Communications Corporation Stephen Dobson Name President Title October 26, 1998 Date 6tm"M Attest: 0 t 0 CITY OF OWASSO, OKLAHOMA ORDINANCE NUMBER AN ORDINANCE RELATING TO PART 13, PUBLIC SAFETY, CHAPTER 6,911 EMERGENCY TELEPHONE SERVICE, SECTION 13 -604, COLLECTION OF FEE, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO OKLAHOMA, REPEALING SECTION 13 -604 AND ADOPTING A REVISED SECTION 13-604 SERVICE FEE ON TARIFF ON TELEPHONE SERVICE, DECLARING AN EFFECTIVE DATE. WHEREAS, under the provision of 63 O.S. Section 2815 the municipality is authorized by ordinance to impose a tariff fee in an amount not to exceed five percent (5 %) during the first year of the fee and not to exceed three percent (3 %) in any year thereafter of the tariff rate in areas subject to the jurisdiction of the municipality for which emergency telephone service has been contracted; provided, that after the first year of operation when the governing body of the municipality determines there exists a need for ancillary communication systems necessary to pass the reported emergency to the appropriate emergency service and personnel, the governing body by ordinance may restore such fee in an amount not to exceed five percent (5 %) for such additional time as needed for said ancillary communications equipment; and, WHEREAS, the governing body of the City of Owasso, Oklahoma, has determined there exists a need for ancillary communication systems necessary to pass the reported emergency to the appropriate emergency service and personnel and therefore that restoration of the fee to the amount of five percent (5 %) is necessary, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Section One: Part 13, Public Safety, Chapter 6, 911 Emergency Telephone Service, Section 13 -604, Collection of Fee, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be repealed and in lieu thereof thereby provided the following, to -wit: Section 13 -604, Collection of Fee There is hereby imposed upon the tariff charges for exchange telephone service or it's equivalent of the local exchange telephone company providing service within the corporate limits of the City of Owasso, Oklahoma, a fee of five percent (5 %). Three percent (3 %) of the proceeds of the fee shall be utilized to pay for the operation of emergency telephone service as specified in Section 2813 of Title 63 of the Oklahoma Statutes. Two percent (2 %) of the proceeds of the fee shall be utilized of the purchase of ancillary communication systems necessary to pass the reported emergency to the appropriate emergency service and personnel. Such two percent (2 %) fee shall remain in effect for such time as the City Council of the City of Owasso, Oklahoma, deems necessary for the purposes aforestated. Section Two: That this ordinance shall be effective thirty (30) days from the date of first publication as provided by State law provided, however, such fees herein set forth shall be assessed and collected from the 1 st day of May, 1998, until the 30th day of June, 2001, whereupon such fee assessment and collection shall cease unless otherwise ordained. 1 APPROVED this JAL day of f� rua� 11998. CITY OF OWASSO, OKLAHOMA 1 By: 1 Mary LcZ Barnhouse, Mayor ATTEST: murm-momm- APPROVE)YAS TO FORM: D. Cates, City Attorney 2780- 348.ets I MEMORANDUM I TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO I FROM: JIM McELRATH DIRECTOR OF SUPPORT SERVICES I SUBJECT: DECLARATION OF SURPLUS PROPERTY AND AUTHORIZATION OF AUCTION PROCESS DATE: July 13, 1999 BACKGROUND 1 1 1 From time to time city equipment, supplies or materials have been kept beyond their efficiently useful life or have become surplus to the City's needs. Section 7 -108 of the City Code of Ordinances makes for provision for the disposal of such: No surplus or obsolete supplies, materials or equipment of a value more than Five Hundred Dollars may be sold until the council shall have declared them obsolete or surplus. Before the City Manager sells any surplus or obsolete supplies, materials or equipment, except as otherwise provided below, he shall advertise them for sale in a newspaper of general circulation in the city or give notice in such other manner as he deems necessary adequately to reach prospective buyers to give them opportunity to make bids. All bids shall be sealed and shall be opened in public at a designated time and place, except when the sale is by auction. The city manager may repeatedly reject all bids and advertise or give notice again. He shall sell such supplies, materials or equipment to the highest responsible bidder for cash. At the present time a number of departments have indicated the need to surplus a number of items. The list of items, their condition and approximate estimated value are as follows: a K•. �•• Computer, monitor and keyboard: i tom; i Est 1. Generic 286SX Good $50 2. Telex 286 Fair $25 3. Epson 386SX Good $100 4. Epson 386SX Good $100 5. Telex 286 Poor $10 6. Epson 286 Good $50 DECLARATION OF SURPLUS JULY 13, 1999 PAGE 2 7. Epson 386SX Good S75 8. NEC 386 Good S75 9. Epson 286 Good S50 10. Epson 286 Good S50 11. Compuadd Bad $ l0 12. Packard Bell Bad $10 13. Epson 386SX Good $100 14. Epson 486DX Good $200 15. Epson 286 Good $50 16. Epson 286 Good $50 17. Epson 386 Good $125 18. Epson 286 Good $50 Assorted computer cables and equipment Good $50 Assorted computer monitors Fair $200 Epson LG950 Printer Good $25 Epson FX1050 Printer Good $25 Toshiba Microwave Good $15 Hewlett Packard Color Plotter Good $50 Metal Map tube stand w /51 tubes Orange folding chairs (15 3) Fair $100 Blue Sofa Recliners (3) Poor $60 GE Washer Good $50 GE Electric Range Good $50 Whirlpool Gas Range Excellent $150 SCBA Gear Good $100 Teknika 19" TV Fair $10 2 Drawer Filing Cabinet Poor $5 Resusci Baby Fair S10 Monroe Adding Machine Fair $5 IBM Typewriter Fair S20 Hare Traction Fair S5 Jetting Unit Inoperable $350 Traffic Signal Heads(2) Operable $200 John Deere Front Bucket Good $200 9' Deere Sickle bar mower Broken shaft $100 1988 Deere brush hog Bad $250 Sheep foot roller Good 5300 Paint striping machine Operable 5150 Concrete finisher (5 HP) Operable S50 Toro generator T20 Inoperable S50 1981 Lodal refuse truck Scrap S200 1985 S 10 pickup Scrap S40 DECLARATION OF SURPLUS JULY 13, 1999 PAGE 3 1985 Dodge Diplomat Scrap $50 1973 IH 5 Ton Truck Poor $1000 1966 Chevy Dumptruck Bad engine $900 Miscellaneous small items Poor $50 36" square tables (36) Good $1800 Stacking banquet chairs Fair $240 If the above items are declared surplus, they will be advertised in local area newspapers, on flyers to area municipalities and by other means of public notice, in accordance with the ordinance quoted above. All proceeds from the sale will accrue to the General Fund of the City of Owasso. RECOMMENDATION: Staff recommends that the items listed above be declared by the City Council /OPWA/OPGA as surplus to the needs of the City of Owasso and Trust Authorities and that the City Manager be authorized to advertise them for sale at a public auction to be held at the new Public Works (old PSO) building at 9:00 am on Saturday July 31, 1999. t MEMORANDUM 1 1 1 1 TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: H. DWAYNE HENDERSON, P.E. CAPITAL PROJECTS MANAGE DAVID WARREN PARKS DIRECTOR SUBJECT: REQUEST FOR APPROVAL OF CHANGE ORDER NO. 2 1998 BOND ISSUE PROJECTS - FOUR -PLEX PROJECT DATE: July 12, 1999 BACKGROUND: On February 2, 1999, City Council awarded a bid to Frix and Foster Construction Company, Inc., of Muskogee for the purpose of constructing the New Four -Plex at the Owasso Sports Park. Necessary documents were returned to the City Clerk's office and the construction of the improvements began on Monday, March 29, 1999. The total contract amount for the improvements was $267,308.00. On April 20, 1999 City Council approved Change Order No. 1 for the removal of 4000 c.y. of unsuitable material from the site and replaced it with acceptable material from an other area of the Sports Park for a contract increase of $7000.00. The contractor is completed with the unsuitable material removal and only 2700 c.y. were removed, which reduces the cost by $2,275.00. CHANGE ORDER NO. 2 One of the four projects voted by the citizens of Owasso in the October 1997 bond election was the construction of a tournament sized soccer field. After the election, the site for the new field was surveyed and staff began design. The design of the field was based on requirements established by the Sports Park User Group and the space available on the site. The Parks Department had planned to grade the new field themselves by renting equipment in order to construct the fields within the $44,000 allotted. But, the contractor constructing the Four -Plex Project proposed that he could construct the fields for a low fee, since he had his earth moving equipment on site. Staff provided the contractor with site plans and cross - sections of the new field and asked for a lump sum cost to perform the work. The contractor submitted a lump sum cost of $30,000.00 to perform the work. Page 2 Request for Approval of Change Order No. 2 1998 Bond Issue Projects - Four -Plex Project July 12, 1999 TRACKING OF FUNDS: Project Funds: Four -plex Budgeted Funds $241,000.00 Excess Parking Lot Funds $65,220.00 Soccer Field Budgeted Funds $44,000.00 Four -Plex Design Fees ($28,100.00) Survey for Soccer Field ($800.00) ITotal Construction Funds Available $321,320.00 1 Original Contract Amount Increase Decrease $267,308.00 Change Order No. 1 $7,000.00 $7,000.00 Change Order No. 2 $30,000.00 $2,275.00 $27,725.00 Total Construction Funds Needed Surplus CHANGE ORDER LIMIT: $302,033.00 $19,287.00 According to the City Attorney, a construction contract under $1,000,000 can be increased/decreased by a maximum of 15% if the work being changed is not itemized in the original contract. Since the added work to construct the soccer field is a lump sum and not part of the original contract, this rule can be applied. The original contract awarded to Frix and Foster was for $267,308.00. Change Order No. 1 increased the contract by 2.62 %. The cost to add the soccer field to the contract and delete 1300 c.y. from Change Order No. 1 increases the total contract by 12.99% 01 Page 2 Request for Approval of Change Order No. 2 1998 Bond Issue Projects - Four -Plex Project July 12, 1999 RECOMMENDATIONS: Staff recommends Council approval of Change Order No. 2, a change order in the amount not to exceed $27,725.00 ATTACHMENTS: 1. Location Map 2. Change Order No. 2 3. Plans NO SCALE NEW SOCCER FIELD PROJECT NEW FOUR —PLEX PROJECT I I I 0 z Y Sa .N PROPOSED FIELD O .M. �` 20 Oa ate' a PROPOSED oa PARKING a� LOT PROP. PROPOSED FIELD FIELD '8' 'A' PROP. FIELD FIELD .C. FIElODP FIELD .D. EX. FIELD '1. m0 zz Y H �a Coz o • i 0-0 W S L LAJ 9 9 W C7 � z Y9 am CHANGE ORDER NO, 2 EXHIBIT EX.. FIELD I �I EX. FIELD oR� a � •q z N J Z. 9 9 X W OWASSO SPORTS —PARK CITY OF ❑WASSO, OKLAHOMA 7/12/99 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 0 PROJECT: Four -Plex Expansion Project At the Owasso Sports Park Owasso, OK. TO CONTRACTOR: Frix and Foster Const. Co., Inc. P.O. Box 1039 Muskogee, Oklahoma 74402 CHANGE ORDER CHANGE ORDER NUMBER: Two 2 DATE: July 12, 1999 CONTRACT DATE: March 29, 1999 CONTRACT FOR: Construction at Sports Park The Contract is changed as follows: Addition of earthwork to provide a new soccer field at the Sports park and the decrease of needed unsuitable material removal from the Four -plex. Add New Soccer Field Grading Q a lump sum price of $30,000.00 Total - $30,000.00 Delete 1,300 c.y. of unsuitable material removal Q $1.75 /c.y. Total - $2,275.00 Total Increase $27,725.00 Not valid until signed by the Owner and Contractor The original Contract Sum was S 267,308.00 ' Net change by previously authorized Change Orders S 7,000.00 The Contract Sum prior to this Change Order was S 274,308.00 The Contract Sum Mll be (increased) by this Change Order in the amount of S 27,725.00 ' The new Contract Sum including this Change Order will be S 302,033.00 The Contract Time will be (increased) (decreased) (unchanged) by ( 0 ) days. The date of Substantial Completion as of the date of this Change Order therefore is September 26, 1999 NOTE: This summary does not reflect changes in the Contract Sum Time which have been authorized by Construction Change Directive. r Frix and Foster Const. Co., Inc.. CONTRACTOR P.O. Box 1039, ADDRESS Muskogee, Oklahoma 74402 BY City of Owasso OWNER 207 South Cedar, ADDRESS Owasso, Oklahoma 74055 !3'1 DATE DATE . .. . .... . ...... 15 GENERAL NOTESs 1. CONTRACTOR SHALL PERFORM EARTHVORK IN ACCORDANCE 77 TO THE SPECIFIED FOR THE NEW FOUR—PLEX SPECIFICATIONS fx PREPARED BY PLANNING DESIGN GROUP. • 2. TOPSOIL SHALL BE REMOVED AND SLDCKPILED PRIOR TO GRADING IF THE NEW SOCCER FIELD. TOPSOIL SHALL BE cq iELD sl IPING + CL PLACED AT A MINIMUM THICKNESS OF 6. OVER THE ENTIRE By OTHE S) 'j, t vt FIELD AND DITCH SIDESLOPES 3. WASTE MATERIAL SHALL BE PLACED IN THE BORROW PIT AFTER THE MATERIAL FOR THE FOUR—LEX HAS BEEN COMPLETED. 11 1 >, LEGEND, • . :i .1— -VIA I — I" FIELD STIPING (FOR REFERENCE ONLY) ............................ PERIMETER OF NEW FIELD ........ µt.......... EXIST. CONTOURS EXIST. GROUND SHOT NEV FLOWLINE ELEV. NEV FINISHED GRADE ELEV, 1A DIRECTMN OF FLOW •---- ------ M .................. ..... ....... ........................ ...................... EDGE OF GRAV PAS t: PAD< LOT ...............t . 9L -i M - I 41 MEMORANDUM TO: HONORABLE MAYOR & CITY COUNCIL ' CITY OF OWASSO ' FROM: JEFF HANCOCK CITYMANAGER ' SUBJECT: ACCEPTANCE OF NORTH OWASSO WASTEWATER PROJECT EASEMENT AGREEMENTS AND AUTHORIZATION FOR PAYMENT FOR SAID EASEMENTS DATE: July 15, 1999 This memorandum addresses six and potentially two additional requested actions for the North ' Owasso Wastewater Collection Project. The first three items are items 7, 8, & 9 on the City Council Agenda, and request City Council acceptance of three right -of -way easements and authorization for the Mayor to execute said documents. The second three items fall under item 4 -D on the OPWA Consent Agenda, and request OPWA Trustee authorization for payment for the easements required for the North Owasso Wastewater Project as outlined on the easement documents, and payment of $200 each to update the abstracts. As of this date, we have received one of the three necessary easements. If easements for the other two properties are not received by the time of the Council meeting, we plan to request Council approval of condemnation of said properties. Although we have every reason to believe that we will receive at least one of the two remaining easements, we have also placed these two condemnation items on the Council Agenda as items 10 & 11. 1 Ii BACKGROUND: The 1997 Wastewater Master Plan, adopted by Resolution No. 98 -01 on January 6, 1998, indicated the need for improvements in the wastewater collection system in the vicinity of the existing 106`h Street lift station (1060' Street west of Mingo Road). Over the past years, staff has identified needed infrastructure improvements in this area because of residential growth and increased sewage flow in the system, deteriorated and undersized collection lines and sewer infiltration/inflow condition during wet weather. These needs were evaluated and included in the Wastewater Master Plan. During the past weeks and other periods of extensive wet weather, large volume of overflows have occurred near the 106`' Street Lift Station from the collection system into the adjacent drainage channel. These overflow conditions have been due largely to inadequate capacity of the lift station and the large amounts of infiltration/inflow from the Hillside, Hale Acres and Steed On January 7, 1999, the Oklahoma Department of Environmental Quality filed a Consent Order that the City Council had previously agreed to. It notes that plans and specifications for this interceptor should be complete by 1/1999, construction started by 7/1/99 and construction completed by 2/1/2000. The Master Plan reviewed two alternatives to solve this problem. The first alternative consisted of increasing the lift station capacity, while the second alternative was to relieve the lift station with a gravity line. The second alternative was the most economical, and in March 1998 the OPWA engaged the firm of Hub +Garver to design the gravity line project. The engineering of the project is complete and the project advertised for bid. A pre -bid conference was held on Mary 25, 1999 and the bid opening was held on June 8, 1999. At the June 15, 1999 OPWA meeting the Trustees approved a contract with Sapulpa Digging, Sapulpa, OK in the amount of $374,000 for construction of the project. A pre- construction meeting was held on June 29, 1999, where owners of properties who previously had provided easements were invited to attend. A Notice to Proceed was issued and the contractor has begun work. EASEMENTS: In order to construct the project, easement agreements from three additional landowners are required. Since April 1999, the City Manager has conducted negotiations with these affected landowners. The following are the listing of those final three property owners. Robert and Cheryl Lavendusky Lonnie and Sandra Lamb Mildred, Earl and Barbara Worley Execution of the easements with the above property allows sufficient work areas for the contractor to complete his work. RECOMMENDATION: Dependent upon receipt of all three easements, Staff would recommend Council approval of the aforementioned three North Owasso Wastewater Collection easement agreements and authorization for the Mayor to execute said agreements. We will advise the Council at the time of the City Council meeting in any condemnation will be necessary. Staff would also recommend Trustee payment authorization for the North Owasso Wastewater Sewer easements, plus a $200 per tract allowance for an abstract update. City of Owasso 207 South Cedar (918) 272 -2251 PO Box 180 '; FAX (918) 272 -4999 Owasso, OK 74055 a J � May 18, 1999 Mr and Mrs Robert Lavendusky 9601 East 96`h Street North Owasso, OK 74055 RE: Proposed Agreement - Northside Wastewater Collection System Improvements Dear Mr and Mrs Lavendusky: This letter is to propose commitments made by the City of Owasso in order to secure permanent and temporary easements for the subject project. It should be understood that agreements proposed herein are commitments recommended by the City Manager and are subject to ratification by the City Council. These commitments are contingent upon receipt of a signed easement agreement for construction and maintenance of the sewer interceptor line across your property located in the W2, SW4, SE4, Section 13, T21N, R13E, all in Tulsa County, Oklahoma. The total permanent easement area consists of 0.15 acres, more or less. 1. Two (2) future sewer connections will be granted within the tract containing the alignment at no cost to the owner, owner's assigns or successors in interest. The location of the connections will be determined by the owner, owner's assigns or successors in interest. It should be understood by the owner, owner's assigns or successors in interest that City policy and regulations require that any development, within or outside city limits, which is approved for connection to City utilities shall meet City standards for all infrastructure incl di,ng water lines, sewer lines, streets and storm drainage. goo � . . 2. The City will pay an amount of $= in consideration for the permanent and temporary easements and the damage to or loss of trees and shrubs due to construction activities. - 3. The City will pay an amount of $200 in consideration for costs incurred by you for updating your abstract for the permanent easement. 4. Following pipe installation, the construction contractor shall machine rake the area to remove all rock or other objectionable debris resulting from construction operations to a condition equal to the surface which existed prior to construction activities. All excess excavated material shall be removed from the site. All areas which have been disturbed, such as that caused by equipment tracks, shall be carefully filled and repaired as though it were a part of the actual trench excavation. All disturbed areas shall be seeded, fertilized and mulched to obtain equivalent ground cover as the adjacent property. Mr & Mrs Robert C Lavendusky May 18, 1999 Page 2 5. The construction contractor shall be required to replace or repair any permanent fence, gate or driveway damaged due to construction activities. Temporary fencing will be provided at excavated areas for the protection of persons, pets and livestock. 6. The line alignment and easement limits will be clearly marked by the construction contractor prior to commencement of construction. 7. The City shall repair any damage done to roads or driveways due to future line maintenance activities. 8. The City shall immediately take action to remediate per ODEQ regulations any damage due to any line breaks or bypasses on the line. 9. The City will schedule a meeting including City staff, the construction contractor and landowners following award of the construction contract and prior to commencement of work. If the above commitments comply fully with your requirements, please sign the acknowledgement at the end of this letter, and sign and notarize the easement document. We would respectfully request that we receive these documents by Wednesday, May 26, 1999. Upon approval by the City Council, we will return to you a copy of the fully executed easements, along with a check in the amount previously stated. If you have any questions or desire further information, please do not hesitate to contact me at 272 -2251. Thank you for your cooperation in resolving issues which easement agreem nt. Si re ACKNOWLEDGEMENT will allow for execution of the The above commitments 1 through 9 comply with my requirements. I am willing to sign an easementAgreemerft with the City of Owasso based on these commitments. G Lavendusky, ellner Cheryl L vendusky, Owner /�" Robert C. and Cheryl Lavendusky 9601 E. 96"' Street North Owasso, OK 74055 -0780 Alternate No. 1 TEMPORARY EASEMENT KNOW ALL MEN BY THESE PRESENTS WHEREAS, the CITY OF OWASSO desires to obtain the temporary right to use and occupy a strip of land adjacent to the permanent easement on which a sanitary sewer is to be constructed. NOW THEREFORE, for a sum of $1.00 and other good and valuable considerations, receipt whereof is hereby acknowledged, the undersigned does hereby give and grant to the CITY OF OWASSO, its employees, representatives, agents, and/or persons under contract with it, the temporary right to go upon and use the following described tract of land in Tulsa County, Oklahoma, to -wit: Forty feet each side of a line described as follows: Beginning at a point on the south line of the Wl /z SWIA SE' /a of Section 13, T21N, R13E at a point 379.59 feet east of the SW corner of said W� /z SWIA SETA; thence N06 °02'30 "E a distance of approximately 217 feet to a point on the north line of the south 216.5 feet of said WV2 SW' /a SETA, LESS a twenty foot wide permanent easement along the same alignment, said tract of land containing 0.30 acres more or less. This grant of temporary right to use and occupy is given for the purpose of permitting the CITY OF OWASSO, its employees, representatives, agents and/or persons under contract with it, the right to use said described property in connection with the construction of a sanitary sewer mentioned in the preamble hereto and shall include the right of use said property in every lawful manner or means reasonably necessary to accomplish the construction, installation and laying of said sanitary sewer above mentioned. It is understood and agreed that his grant of temporary easement shall not be filed of record in the office of the County Clerk in and for Tulsa County, State of Oklahoma, provided; however, that the parties grantor agree that this grant shall be binding upon their heirs, executors, administrators and personal representatives during the term hereof, and further agree that in the event that premises covered by this temporary grant are sold, assigned or conveyed, that the purchaser or grantee thereof will be advised of the existence of this temporary grant and that said sale during said term shall be made subject to the rights herein given. IN ITNESS WHEREOF, the arties hereto have caused this instrument to be executed this 3d da of , 19 G. o ert avendusky Cheryl vendusky (Individual Acknowledgment) STATE OF OKLAHOMA ) )SS. COUNTY OF ) efore me, the undersigned, a Notary Public within and for said County and State, on this 1'$ day of , 1919, personally appeared R and Cheryl Lavenduskv to me Itnown to be the identic;f persons who executed the within and foregoing instrument in writing and acknowlerl -tA to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WI EREOF, I have hereunto set my h4NoPub ed my official seal the day and year last above written. 7 61� _5� My Commission Expires: c ACKNOWLEDGMENT STATE OF OKLAHOMA ) ) SS COUNTY OF TULSA ) Before me, the undersigned, a Notary Public in and for Tulsa County, State of Oklahoma, personally Robert C Lavendusky, personally known to me to be such, acknowledged that he executed the above and foregoing document freely and voluntarily and for the uses and purposes therein stated. My Commission Expires: Robert C. and Cheryl Lavendusky 9601 E. 96 " Street North Owasso, OK 74055 -0780 Alternate No.1 SANITARY SEWER EASEMENT Know All Men By These Presents: That the undersigned, Robert C. and Cheryl Lavendusky , the OWNERS of the legal and equitable title to the following described real estate situated in Tulsa County, State of Oklahoma, for and in consideration of the sum of One Dollar ($1.00) cash in hand paid by the CITY OF OWASSO, Oklahoma, and other good and valuable considerations, receipt of which are hereby acknowledged, do hereby grant and convey unto the said CITY OF OWASSO, Oklahoma, a perpetual easement, through, over, under and across the following property, situated in said County, to -wit: Ten (10) feet each side of a line described as follows: Beginning at a point on the south line of the W'/s SWI /a SETA of Section 13, T21N, R13E at a point 379.59 feet east of the SW corner of said W' /z SWIA SETA; thence N06 °02'30 "E a distance of approximately 217 feet to a point on the north line of the south 216.5 feet of said WI /s SWIA SETA; said tract of land containing 0.10 acres more or less. for the purpose of permitting the said CITY OF OWASSO, Oklahoma, to construct a sanitary sewer thereon through, over, under and across said property, together with all necessary and convenient appurtenances thereto; and to use and maintain the same and of affording the CITY OF OWASSO, Oklahoma, its officers, agents, employees, and all persons under contract with it,, the right to enter upon said premises and strip of land for the purpose of surveying, excavating for, laying, constructing, operating, repairing, relaying, and maintaining said sanitary sewer, and for the further purpose of enabling the said CITY OF OWASSO, Oklahoma, to do any and all convenient things to such construction, operation, repairing, and maintaining of such sanitary sewer. TO HAVE AND TO HOLD such easement and right -of -way unto the said CITY OF OWASSO, Oklahoma, its successors and assigns, forever. ,y Dated this _ day of , 19�J Robert C. Lavendusky Cheryl Laven sky ACKNOWLEDGMENT STATE OF OKLAHOMA ) )SS COUNTY OF ) Before me, the undersigned, a Notary Public in and for Tulsa County, State of Oklahoma, personally appeared Robef«soena22ko end Cheryl Lavendusky , personally known to me to be such, acknowledged that they executed the above and foregoing document freely and voluntarily and for the uses and purposes therein stated. My Commission Expires: �. o Public Accepted by the City Council of CITY OF OWASSO, Oklahoma, this day of , 19_. CITY OF OWASSO, OKLAHOMA ATTEST: Mayor Marcia Boutwell, City Clerk ACKNOWLEDGMENT STATE OF OKLAHOMA ) ) SS COUNTY OF TULSA ) Before me, the undersigned, a Notary Public in and for Tulsa County, State of Oklahoma, personally Robert C Lavendusky, personally known to me to be such, acknowledged that he executed the above and foregoing document freely and voluntarily and for the uses and purposes therein stated. /L 7, VI RITE I My Commission Expires: MEMORANDUM TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: MARCIA BOUTWELL CITY CLERK SUBJECT: AGENDA ITEMS #8 & 9 DATE: July 16, 1999 If signed easements are received from the Worleys and/or the Lambs prior to the City Council meeting, we will deliver those easements to you for your review. 207 South Cedar PO Box 180 Owasso, OK 74055 July 15, 1999 Mrs Mildred Worley, 9300 E 106t` St N Owasso, OK 74055 City of Owasso d — - Mr Earl Worley & Mrs Barbara Worley (918) 272 -2251 FAX (918) 272 -4999 RE: Proposed Agreement - Northside Wastewater Collection System Improvements Dear Mrs. Worley, Mr. Worley, and Mrs. Worley: This is in reference to discussions we had on Tuesday, July 13, 1999 where you responded to the June 25`h City of Owasso's letter on the acquisition of easements necessary to construct a sewer line on your property. We have discussed this issue with the City Council and this letter and the enclosed easement incorporates a new offer to you. This letter is to propose commitments made by the City of Owasso in order to secure permanent and temporary easements for the subject project. It should be understood that agreements proposed herein are commitments recommended by the City Manager and are subject to ratification by the City Council. These commitments are contingent upon receipt of a signed easement agreement for construction and maintenance of the sewer interceptor line across your property located in the NE4, NE4, Section 13, T21N, R13E, all in Tulsa County, Oklahoma. The total permanent easement area consists of 0.21 acres, more or less. 1. Two (2) future sewer connections will be granted within the tract containing the alignment at no cost to the owner, owner's assigns or successors in interest. The location of the connections will be determined by the owner, owner's assigns or successors in interest. 2. The City will pay an amount of $14,000 in consideration for the permanent and temporary easements and the damage to or loss of trees and shrubs due to construction activities. 3. The City will make every effort to save large trees valued by the owner. We have conducted a survey of large trees along the line alignment to identify and mark such trees. Following award of the construction contract, the City will conduct another survey with the contractor to determine which identified trees will be lost due to construction activities, and which may possibly be saved. The City may at that time consult with the owner as to the benefit of allowing the contractor an additional temporary easement area to circumvent a tree or group of trees. The contractor will be required to lay aside some downed trees as directed for disposal by the owner. 4. The City will pay an amount of $200 in consideration for costs incurred by you for updating your abstract for the permanent easement. Mrs Mildred Worley & Mr Earl Worley July 15, 1999 Page 2 Following pipe installation, the construction contractor will machine rake and remove all rock or other objectionable debris resulting from construction operations to a condition equal to the surface which existed prior to construction activities. The top of the collection line will be below the bottom of the creek bed. All excess excavated material shall be removed from the site. All areas which have been disturbed, such as that caused by equipment tracks, shall be carefully filled and repaired as though it were a part of the actual trench excavation. All disturbed areas shall be sodded with Bermuda grass, fertilized and mulched. 6. The construction contractor shall be required to replace or repair any permanent fence, gate or driveway damaged due to construction activities. Temporary fencing will be provided at excavated areas for the protection of persons, pets and livestock. 7. The line alignment and easement limits will be clearly marked by the construction contractor prior to commencement of construction. 8. The City shall repair any damage done to roads or driveways due to future line maintenance activities. 9. The City shall immediately take action to remediate per ODEQ regulations any damage due to any line breaks or bypasses on the line. 10. The City will schedule a meeting including City staff, the construction contractor and landowners prior to commencement of work on your property. If the above commitments comply fully with your requirements, please sign the acknowledgement at the end of this letter, and sign and notarize the easement document. We would request that we receive these documents no later than noon, Tuesday July 20, 1999. Upon approval by the City Council, we will return to you a copy of the fully executed easements, along with a check in the amount previously stated. I will be on vacation next week, if you have any questions or desire further information on this matter, please do not hesitate to contact Mr. Tim Rooney at 272 -2251. If you do not wish to accept this letter and the proposed terms before noon, this Tuesday, July 20, we would propose that the issue of adequate compensation be submitted to binding arbitration. Before moving to binding arbitration, we would sign a mutually agreed to agreement for binding arbitration. Please also note that the upcoming Tuesday City Council agenda will have two items listed concerning the proposed easement. The first would be approval of this letter and the easement. If by chance we do not receive your response to this letter and a signed easement, the second item on the Council agenda is authorization for condemnation. Even if the City Council approves condemnation we could either agree to arbitration or continue to discuss the issue. However, the City is presently at such a time constraint that we must proceed with all necessary actions to ensure the construction of the sewer line within these constraints. Mrs Mildred Worley & Mr Earl Worley July 15, 1999 Page 3 TI. 1 r peration in resolving issues which will allow for execution of the easement Copy: Mayor and City Council, City Attorney Ron Cates, Jay Updike Enclosures ACKNOWLEDGEMENT The above commitments 1 through 10 comply with my requirements. I am willing to sign an easement agreement with the City of Owasso based on these commitments. Mildred Worley, Owner Earl Worley, Owner BarbaraWorley, Owner 9402 East 106`s Street North Owasso, OK 74055 -6515 Alternate No. 1 TEMPORARY EASEMENT KNOW ALL MEN BY THESE PRESENTS WHEREAS, the CITY OF OWASSO desires to obtain the temporary right to use and occupy a strip of land adjacent to the permanent easement on which a sanitary sewer is to be constructed. NOW THEREFORE, for a sum of $1.00 and other good and valuable considerations, receipt whereof is hereby acknowledged, the undersigned does hereby give and grant to the CITY OF OWASSO, its employees, representatives, agents, and/or persons under contract with it, the temporary right to go upon and use the following described tract of land in Tulsa County, Oklahoma, to -wit: A strip of land across the northwest corner of the West 330 feet of the south 810 feet of the NEI /a NEI /a of Section 13, T21N, R13E, more particularly described as follows: Forty feet each side of a line beginning at a point on the west line of the NE' /a NEI /a of Section 13, T2 IN, R13E, at a point approximately 695 feet south of the NW comer of said NEI /, NEI /a; thence N64 °07'01 "E a distance of approximately 120 feet to a point; thence N45 °52'56 "E a distance of approximately 185 feet to the point of termination at a point 510 feet south of the north line of said NEI /a NEI /a, LESS a Thirty foot wide permanent easement along the same alignment, said tract of land containing 0.35 acres more or less. This grant of temporary right to use and occupy is given for the purpose of permitting the CITY OF OWASSO, its employees, representatives, agents and/or persons under contract with it, the right to use said described property in connection with the construction of a sanitary sewer mentioned in the preamble hereto and shall include the right to use said property in every lawful manner or means reasonably necessary to accomplish the construction, installation and laying of said sanitary sewer above mentioned. It is understood and agreed that this grant of temporary easement shall not be filed of record in the office of the County Clerk in and for Tulsa County, State of Oklahoma, provided; however, that the parties grantor agree that this grant shall be binding upon their heirs, executors, administrators and personal representatives during the term hereof; and further agree that in the event that premises covered by this temporary grant are sold, assigned or conveyed, that the purchaser or grantee thereof will be advised of the existence of this temporary grant and that said sale during said term shall be made subject to the rights herein given. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed this day of , 19_. Mildred Worley Earl Worley Barbara Worley (Individual Acknowledgment) STATE OF OKLAHOMA ) )SS. COUNTY OF ) Before me, the undersigned, a Notary Public within and for said County and State, on this day of , 19_, personally appeared Mildred Worley, Earl Worley and Barbara Worley each to me known to be the identical person who executed the within and foregoing instrument in writing and acknowledged to me that she executed the same as her free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. My Commission Expires: Notary Public Mildred, Earl and Barbara Worley 9402 East 106th Street North Owasso, OK 74055 -6515 Alternate No. I SANITARY SEWER EASEMENT Know All Men By These Presents: That the undersigned, Mildred Worley, Earl Worley and Barbara Worley , the OWNERS of the legal and equitable title to the following described real estate situated in Tulsa County, State of Oklahoma, for and in consideration of the sum of One Dollar ($1.00) cash in hand paid by the CITY OF OWASSO, Oklahoma, and other good and valuable considerations, receipt of which are hereby acknowledged, do hereby grant and convey unto the said CITY OF OWASSO, Oklahoma, a perpetual easement, through, over, under and across the following property, situated in said County, to -wit: A strip of land across the northwest comer of the west 330 feet of the south 810 feet of the NEI /a NE' /a of Section 13, T2 IN, R13E, more particularly described as follows: Fifteen feet each side of a line beginning at a point on the west line of the NEI /a NE' /a of Section 13, T21N, R13E, at a point approximately 695 feet south of the NW corner of said NEI /a NEI /a; thence N64 °07'01 "E a distance of approximately 120 feet to a point; thence N45 °52'56 "E a distance of approximately 185 feet to the point of termination at a point 510 feet south of the north line of said NEI /a NEI /a, said tract of land containing 0.21 acres more or less. for the purpose of permitting the said CITY OF OWASSO, Oklahoma, to construct a sanitary sewer thereon through, over, under and across said property, together with all necessary and convenient appurtenances thereto; and to use and maintain the same and of affording the CITY OF OWASSO, Oklahoma, its officers, agents, employees, and all persons under contract with it, the right to enter upon said premises and strip of land for the purpose of surveying, excavating for, laying, constructing, operating, repairing, relaying, and maintaining said sanitary sewer, and for the further purpose of enabling the said CITY OF OWASSO, Oklahoma, to do any and all convenient things to such construction, operation, repairing, and maintaining of such sanitary sewer. TO HAVE AND TO HOLD such easement and right -of -way unto the said CITY OF OWASSO, Oklahoma, its successors and assigns, forever. Dated this day of , 19_. Mildred Worley Earl Worley Barbara Worley ACKNOWLEDGMENT STATE OF OKLAHOMA ) )SS COUNTY OF ) Before me, the undersigned, a Notary Public in and for Tulsa County, State of Oklahoma, personally appeared Mildred Worley, Earl Worley and Barbara Worley , personally known to me to be such, acknowledged that she executed the above and foregoing document freely and voluntarily and for the uses and purposes therein stated. My Commission Expires: Notary Public Accepted by the City Council of CITY OF OWASSO, Oklahoma, this _ day of '19— CITY OF OWASSO, OKLAHOMA ATTEST: Mayor Marcia Boutwell, City Clerk City of Owasso 207 South Cedar (918) 272 -2251 PO Box 180 ° FAX (918) 272 -4999 � Owasso, OK 74055 July 15, 1999 Mr. and Mrs. Lonnie Lamb 8910 East 96th Street North Owasso, OK 74055 RE: Proposed Agreement - Northside Wastewater Collection System Improvements Dear Mr. and Mrs. Lamb: This is in reference to your July 9, 1999 note where you responded to the June 25th City of Owasso's letter on the acquisition of easements necessary to construct a sewer line on your property. Therefore, this letter and the enclosed easement incorporate your notes. These commitments are contingent upon receipt of a signed easement agreement for construction and maintenance of the sewer interceptor line across your property located in the NE4, Section 24, T21N, R13E, all in Tulsa County, Oklahoma. The total permanent easement area consists of 0.38 acres, more or less. 1. Sewer connections will be granted to you in a similar manner as provided in the attached easement that was placed on your property for a previously constructed city sewer line. Any sewer connections obtained for the new proposed sewer line will be deducted from the total number of sewer connections now granted to the owner under the previously obtained City easement. 2. The City will pay an amount of $1,330 in consideration for the fair market value of the permanent and temporary easements. As noted in the attached easement, the City of Owasso will pay $1.00 for the permanent easement. 3. The City will pay an amount of $200 in consideration for costs incurred by you for updating your abstract for the permanent easement. 4. The City will pay $10,350 to the owner for damage to and loss of trees and shrubs, and any damage due to construction activities on the owners' property. 5. Following pipe installation, the construction contractor shall machine rake the area to remove all rock or other objectionable debris resulting from construction operations to a condition equal to the surface which existed prior to construction activities. All excess excavated material shall be removed from the site. All areas which have been disturbed, such as that caused by equipment tracks, shall be carefully filled and repaired as'though it were a part of the actual trench excavation. Topsoil removed will be replaced and there will no clay on the top of the actual trench excavation. Mr. and Mrs. Lonnie Lamb July 15, 1999 Page 2 6. All disturbed areas shall be seeded, fertilized and mulched to obtain equivalent ground cover as the adjacent property. The construction contractor shall be required to replace or repair any permanent fence, gate or driveway damaged due to construction activities. Temporary fencing will be provided at excavated areas for the protection of persons, pets and livestock. 7. The line alignment and easement limits will be clearly marked by the construction contractor before commencement of construction on the owner's property. 8. The City shall repair any damage done to roads and driveways due to future line maintenance. 9. The City shall immediately take action to remediate per ODEQ regulations any damage due to any he breaks or bypasses on the line. The proposed sewer line manhole covers will be bolted covers. 10. The City will schedule a meeting including City staff, the construction contractor and landowners following award of the construction contract and before commencement of work on your property. 11. The City will repair any future erosion of the creek banks due to the sewer line. 12. The City will be responsible to correct any change of the creek course due to the proposed sewer line. If the above commitments comply fully with your requirements, please sign the acknowledgement at the end of this letter, and sign and notarize the easement documents. We would request that we receive these documents no later than noon, Tuesday July 20, 1999. Upon approval by the City Council, we will return to you a copy of the fully executed easements, along with a check in the amount previously stated. I will be on vacation next week, if you desire further information on this matter, please contact Mr. Tim Rooney at 272 -2251. If you do not wish to accept this letter and the proposed terms before noon, this Tuesday, July 20, we would propose that the issue of adequate compensation be submitted to binding arbitration. Before moving to binding arbitration, we would sign a mutually agreed to agreement for binding arbitration. Please also note that the upcoming Tuesday City Council agenda will have two items listed concerning the proposed easement_ The first would be approval of this letter and the easement. If by chance we do not receive your response to this letter and a signed easement, the second item on the Council agenda is authorization for condemnation. Even if the City Council approves condemnation we could either agree to arbitration or continue to discuss the issue. However, the City is presently at such a time constraint that we -must proceed with all necessary actions to ensure the construction of the sewer line within these constraints. Mr. and Mrs. Lonnie Lamb July 15, 1999 Page 3 Thank you for your cooperation in resolving issues which will allow for execution of the easement agreement a the el' 'nation of an environmental concern. Si cer ly, J J Hancock Manager Copy: Mayor and City Council, City Attorney Ron Cates, Jay Updike Enclosures ACKNOWLEDGEMENT The above commitments 1 through 12 comply with my requirements. I am willing to sign an easement agreement with the City of Owasso based on these commitments. Lonnie M Lamb, Owner Sandra J Lamb, Owner Lonnie M. and Sandra J. Lamb 8910 E. 96 "' Street North Owasso, OK 74055 Alternate No. 3 SANITARY SEWER EASEMENT Know All Men By These Presents: That the undersigned, Lonnie M. and Sandra J. Lamb , the OWNER of the legal and equitable title to the following described real estate situated in Tulsa County, State of Oklahoma, for and in consideration of the sum of One Dollar ($1.00) cash in hand paid by the CITY OF OWASSO, Oklahoma, and other good and valuable considerations, receipt of which are hereby acknowledged, do hereby grant and convey unto the said CITY OF OWASSO, Oklahoma, a perpetual easement, through, over, under and across the following property, situated in said County, to -wit: Ten (10) feet each side of a line beginning at a point on the north line of the NE1 /4 of Section 24, T2 IN, R13E at a point 379.59 feet east of the NW corner of said NE1 /4; thence S06 002'30 "W a distance of 136.70 feet to a point; thence S06 °03'01 "E a distance of 420.00 feet to an existing manhole, said tract of land containing 0.26 acres more or less. for the purpose of permitting the said CITY OF OWASSO, Oklahoma, to construct a sanitary sewer thereon through, over, under and across said property, together with all necessary and convenient appurtenances thereto; and to use and maintain the same and of affording the CITY OF OWASSO, Oklahoma, its officers, agents, employees, and all persons under contract with it, the right to enter upon said premises and strip of land for the purpose of surveying, excavating for, laying, constructing, operating, repairing, relaying, and maintaining said sanitary sewer. The CITY OF OWASSO agrees to hold the OWNERS harmless from any damages or claims resulting from injury to others suffered upon the easement arising out of the erection, construction, installation and laying and thereafter using, operating, inspecting, repairing, maintaining, replacing and removing, the OWNER do hereby give, grant and convey unto the CITY OF OWASSO a right -of -way easement with the right to erect, construct, install and lay and thereafter use, operate, inspect, repair, maintain, replace and remove a sewer line over, across and through the land of the OWNER. TO HAVE AND TO HOLD such easement and right -of -way unto the said CITY OF OWASSO, Oklahoma, its successors and assigns, forever. Dated this day of , 19_. Lonnie M. Lamb STATE OF OKLAHOMA ) )SS COUNTY OF ) Sandra J. Lamb ACKNOWLEDGMENT Before me, the undersigned, a Notary Public in and for Tulsa County, State of Oklahoma, personally appeared Lonnie M. Lamb and Sandra J. Lamb , personally known to me to be such, acknowledged that he executed the above and foregoing document freely and voluntarily and for the uses and purposes therein stated. My Commission Expires: Notary Public Accepted by the City Council of CITY OF OWASSO, Oklahoma, this day of , 19_ ATTEST: Marcia Boutwell, City Clerk CITY OF OWASSO, OKLAHOMA Mayor Lonnie M. and Sandra J. Lamb 8910 E. 96`s Street North Owasso, OK 74055 Alternate No. 3 TEMPORARY EASEMENT KNOW ALL MEN BY THESE PRESENTS WHEREAS, the CITY OF OWASSO desires to obtain the temporary right to use and occupy a strip of land adjacent to the permanent easement on which a sanitary sewer is to be constructed. NOW THEREFORE, for a sum of $1.00 and other good and valuable considerations, receipt whereof is hereby acknowledged, the undersigned does hereby give and grant to the CITY OF OWASSO, its employees, representatives, agents, and/or persons under contract with it, the temporary right to go upon and use the following described tract of land in Tulsa County, Oklahoma, to -wit: Twenty-five (25) feet each side of a line beginning at a point on the north line of the NE' /4 of Section 24, T21N, R13E at a point 379.59 feet east of the NW corner of said NEI /4; thence S06 °02'30 "W a distance of 136.70 feet to a point; thence S06 °03'01 "E a distance of 420.00 feet to an existing manhole, LESS a twenty foot wide permanent easement along the same alignment, said tract of land containing 0.38 acres more or less. This grant of temporary right to use and occupy is given for the purpose of permitting the CITY OF OWASSO, its employees, representatives, agents and/or persons under contract with it, the right to use said described property in connection with the construction of a sanitary sewer mentioned in the preamble hereto and shall include the right of use said property in every lawful manner or means reasonably necessary to accomplish the construction, installation and laying of said sanitary sewer above mentioned. It is understood and agreed that his grant of temporary easement shall not be filed of record in the office of the County Clerk in and for Tulsa County, State of Oklahoma, provided; however, that the parties grantor agree that this grant shall be binding upon their heirs, executors, administrators and personal representatives during the term hereof; and further agree that in the event that premises covered by this temporary grant are sold, assigned or conveyed, that the purchaser or grantee thereof will be advised of the existence of this temporary grant and that said sale during said term shall be made subject to the rights herein given. This temporary easement shall expire upon the completion of the construction contract between the City of Owasso and the contractor for the installation of the sewer line. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed this day of , 19_. Lonnie M. Lamb STATE OF OKLAHOMA ) )SS. COUNTY OF ) Sandra J. Lamb (Individual Acknowledgment) Before me, the undersigned, a Notary Public within and for said County and State, on this _ day of , 19_, personally appeared Lonnie M. Lamb and Sandra J. Lamb to me known to be the identical persons who executed the within and foregoing instrument in writing and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. My Commission Expires: Notary Public MEMORANDUM TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: MARCIA BOUTWELL CITY CLERK SUBJECT: AGENDA ITEM #10 DATE: July 16, 1999 At the time this agenda was prepared for distribution to the City Council, the resolution required for this item had not been completed. We anticipate that we will be able to deliver the resolution to you on Monday, so that you will have adequate time to review it prior to the City Council meeting. MEMORANDUM TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: MARCIA BOUTWELL CITY CLERK SUBJECT: AGENDA ITEM #11 DATE: July 16, 1999 At the time this agenda was prepared for distribution to the City Council, the resolution required for this item had not been completed. We anticipate that we will be able to deliver the resolution to you on Monday, so that you will have adequate time to review it prior to the City Council meeting. 207 South Cedar PO Box 180 Owasso, OK 74055 July 15, 1999 Mr. and Mrs. Lonnie Lamb 8910 East 96`s Street North Owasso, OK 74055 City of Owasso j .. •`.dam _�. (918) 272 -2251 FAX (918) 272 -4999 RE: Proposed Agreement - Northside Wastewater Collection System Improvements Dear Mr. and Mrs. Lamb: This is in reference to your July 9, 1999 note where you responded to the June 25'h City of Owasso's letter on the acquisition of easements necessary to construct a sewer line on your property. Therefore, this letter and the enclosed easement incorporate your notes. These commitments are contingent upon receipt of a signed easement agreement for construction and maintenance of the sewer interceptor line across your property located in the NE4, Section 24, T21N, R13E, all in Tulsa County, Oklahoma. The total permanent easement area consists of 0.38 acres, more or less. Sewer connections will be granted to you in a similar manner as provided in the attached easement that was placed on your property for a previously constructed city sewer line. Any sewer connections obtained for the new proposed sewer line will be deducted from the total number of sewer connections now granted to the owner under the previously obtained City easement. 2. The City will pay an amount of $1,330 in consideration for the fair market value of the permanent and temporary easements. As noted in the attached easement, the City of Owasso will pay $1.00 for the permanent easement. 3. The City will pay an amount of $200 in consideration for costs incurred by you for updating your abstract for the permanent easement. 4. The City will pay $10,350 to the owner for damage to and loss of trees and shrubs, and any damage due to construction activities on the owners' property. 5. Following pipe installation, the construction contractor shall machine rake the area to remove all rock or other objectionable debris resulting from construction operations to a condition equal to the surface which existed prior to construction activities. All excess excavated material shall be removed from the site. All areas which have been disturbed, such as that caused by equipment tracks, shall be carefully filled and repaired as though it were a part of the actual trench excavation. Topsoil removed will be replaced and there will no clay on the top of the actual trench excavation. Mr. and Mrs. Lonnie Lamb July 15, 1999 Page 2 6. All disturbed areas shall be seeded, fertilized and mulched to obtain equivalent ground cover as the adjacent property. The construction contractor shall be required to replace or repair any permanent fence, gate or driveway damaged due to construction activities. Temporary fencing will be provided at excavated areas for the protection of persons, pets and livestock. 7. The line alignment and easement limits will be clearly marked by the construction contractor before commencement of construction on the owner's property. 8. The City shall repair any damage done to roads and driveways due to future line maintenance. 9. The City shall immediately take action to remediate per ODEQ regulations any damage due to any line breaks or bypasses on the line. The proposed sewer line manhole covers will be bolted covers. 10. The City will schedule a meeting including City staff, the construction contractor and landowners following award of the construction contract and before commencement of work on your property. 11. The City will repair any future erosion of the creek banks due to the sewer line. 12. The City will be responsible to correct any change of the creek course due to the proposed sewer line. If the above commitments comply fully with your requirements, please sign the acknowledgement at the end of this letter, and sign and notarize the easement documents. We would request that we receive these documents no later than noon, Tuesday July 20, 1999. Upon approval by the City Council, we will return to you a copy of the fully executed easements, along with a check in the amount previously stated. I will be on vacation next week, if you desire further information on this matter, please contact Mr. Tim Rooney at 272 -2251. If you do not wish to accept this letter and the proposed terms before noon, this Tuesday, July 20, we would propose that the issue of adequate compensation be submitted to binding arbitration. Before moving to binding arbitration, we would sign a mutually agreed to agreement for binding arbitration. Please also note that the upcoming Tuesday City Council agenda will have two items listed concerning the proposed easement. The first would be approval of this letter and the easement. If by chance we do not receive your response to this letter and a signed easement, the second item on the Council agenda is authorization for condemnation. Even if the City Council approves condemnation we could either agree to arbitration or continue to discuss the issue. However, the City is presently at such a time constraint that we must proceed with all necessary actions to ensure the construction of the sewer line within these constraints. Mr. and Mrs. Lonnie Lamb July 15, 1999 Page 3 Thank you for your cooperation in resolving issues which will allow for execution of the easement agreement aqd the elipu'nation of an environmental concern. Si cer ly, J J Hancock Manager Copy: Mayor and City Council, City Attorney Ron Cates, Jay Updike Enclosures ACKNOWLEDGEMENT The above commitments 1 through 12 comply with my requirements. I am willing to sign an easement agreement with the City of Owasso based on these commitments. L nnie M Lamb, Owner Sandra J Lamb, Owner Lonnie M. and Sandra I Lamb 8910 E. 96 " Street North Owasso, OK 74055 Alternate No. 3 TEMPORARY EASEMENT KNOW ALL MEN BY THESE PRESENTS WHEREAS, the CITY OF OWASSO desires to obtain the temporary right to use and occupy a strip of land adjacent to the permanent easement on which a sanitary sewer is to be constructed. NOW THEREFORE, for a sum of $1.00 and other good and valuable considerations, receipt whereof is hereby acknowledged, the undersigned does hereby give and grant to the CITY OF OWASSO, its employees, representatives, agents, and/or persons under contract with it, the temporary right to go upon and use the following described tract of land in Tulsa County, Oklahoma, to -wit: Twenty-five (25) feet each side of a line beginning at a point on the north line of the NEl /a of Section 24, T21N, R13E at a point 379.59 feet east of the NW corner of said NEl /a; thence S06 °02'30 "W a distance of 136.70 feet to a point; thence S06 003'01 "E a distance of 420.00 feet to an existing manhole, LESS a twenty foot wide permanent easement along the same alignment, said tract of land containing 0.38 acres more or less. This grant of temporary right to use and occupy is given for the purpose of permitting the CITY OF OWASSO, its employees, representatives, agents and/or persons under contract with it, the right to use said described property in connection with the construction of a sanitary sewer mentioned in the preamble hereto and shall include the right of use said property in every lawful manner or means reasonably necessary to accomplish the construction, installation and laying of said sanitary sewer above mentioned. It is understood and agreed that his grant of temporary easement shall not be filed of record in the office of the County Clerk in and for Tulsa County, State of Oklahoma, provided; however, that the parties grantor agree that this grant shall be binding upon their heirs, executors, administrators and personal representatives during the term hereof; and further agree that in the event that premises covered by this temporary grant are sold, assigned or conveyed, that the purchaser or grantee thereof will be advised of the existence of this temporary grant and that said sale during said term shall be made subject to the rights herein given. This temporary easement shall expire upon the completion of the construction contract between the City of Owasso and the contractor for the installation of the sewer line. SS WHEREOF, the parties hereto have caused this instrument to be executed this O6 day o , 19qq. Lonnie M. Lamb Sandra J. Lamb (Individual Acknowledgment) STATE OF OKLAHOMA ) )SS. COUNTY OF Gc [ ) e %re me, the undersi ed, a Notary Public within and for said County and State, on thisG� kday o ,19, personally appeared Lonnie M. Lamb and Sandra J. Lamb to me known to be tKe ide "cal persons who executed the within and foregoing instrument in writing and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand an fixed my official seal the day and year last above written. / My Commission Expires: Notary Public Lonnie M. and Sandra J. Lamb 8910 E. 96 " Street North Owasso, OK 74055 Alternate No. 3 SANITARY SEWER EASEMENT Know All Men By These Presents: That the undersigned, Lonnie M. and Sandra J. Lamb , the OWNER of the legal and equitable title to the following described real estate situated in Tulsa County, State of Oklahoma, for and in consideration of the sum of One Dollar ($1.00) cash in hand paid by the CITY OF OWASSO, Oklahoma, and other good and valuable considerations, receipt of which are hereby acknowledged, do hereby grant and convey unto the said CITY OF OWASSO, Oklahoma, a perpetual easement, through, over, under and across the following property, situated in said County, to -wit: Ten (10) feet each side of a line beginning at a point on the north line of the NE1 /4 of Section 24, T21N, R13E at a point 379.59 feet east of the NW comer of said NE1/4; thence S06 °02'30 "W a distance of 136.70 feet to a point; thence S06 °03'01 "E a distance of 420.00 feet to an existing manhole, said tract of land containing 0.26 acres more or less. for the purpose of permitting the said CITY OF OWASSO, Oklahoma, to construct a sanitary sewer thereon through, over, under and across said property, together with all necessary and convenient appurtenances thereto; and to use and maintain the same and of affording the CITY OF OWASSO, Oklahoma, its officers, agents, employees, and all persons under contract with it, the right to enter upon said premises and strip of land for the purpose of surveying, excavating for, laying, constructing, operating, repairing, relaying, and maintaining said sanitary sewer. The CITY OF OWASSO agrees to hold the OWNERS harmless from any damages or claims resulting from injury to others suffered upon the easement arising out of the erection, construction, installation and laying and thereafter using, operating, inspecting, repairing, maintaining, replacing and removing, the OWNER do hereby give, grant and convey unto the CITY OF OWASSO a right -of -way easement with the right to erect, construct, install and lay and thereafter use, operate, inspect, repair, maintain, replace and remove a sewer line over, across and through the land of the OWNER. TO HAVE AND TO HOLD such easement and right -of -way unto the said CITY OF OWASSO, Oklahoma, its successors and assigns; forever. A Dated this day of 19! 1 C `.. o nie M. Lamb Sandra J. Lamb ACKNOWLEDGMENT STATE OF OKLAHOMA ) /� )SS W COUNTY OF ) Before me, the undersigned, a Notary Public in and for Tulsa County, State of Oklahoma, personally appeared Lonnie M. Lamb and Sandra J. Lamb , personally known to me to be such, acknowledged that he executed the above and foregoing docum t freel nd v luntarily and for the uses and purposes therein stated. ( � (l My Commission Expires: Notary Public 7"/-0/ Accepted by the City Council of CITY OF OWASSO, Oklahoma, this day of 19_. CITY OF OWASSO, OKLAHOMA ATTEST: Mayor Marcia Boutwell, City Clerk City of Owasso 207 South Cedar a.t°� (918) 272 -2251 PO Box 180 FAX (918) 272 -4999 Owasso, OK 74055.. July 15, 1999 Mrs Mildred Worley, Mr Earl Worley & Mrs Barbara Worley 9300 E 106' St N Owasso, OK 74055 RE: Proposed Agreement - Northside Wastewater Collection System Improvements Dear Mrs. Worley, Mr. Worley, and Mrs. Worley: This is in reference to discussions we had on Tuesday, July 13, 1999 where you responded to the June 25th City of Owasso's letter on the acquisition of easements necessary to construct a sewer line on your property. We have discussed this issue with the City Council and this letter and the enclosed easement incorporates a new offer to you. This letter is to propose commitments made by the City of Owasso in order to secure permanent and temporary easements for the subject project. It should be understood that agreements proposed herein are commitments recommended by the City Manager and are subject to ratification by the City Council. These commitments are contingent upon receipt of a signed easement agreement for construction and maintenance of the sewer interceptor line across your property located in the NE4, NE4, Section 13, T21N, R13E, all in Tulsa County, Oklahoma. The total permanent easement area consists of 0.21 acres, more or less. 1. Two (2) future sewer connections will be granted within the tract containing the alignment at no cost to the owner, owner's assigns or successors in interest. The location of the connections will be determined by the owner, owner's assigns or successors in interest. 2. The City will pay an amount of $14,000 in consideration for the permanent and temporary easements and the damage to or loss of trees and shrubs due to construction activities. 3. The City will make every effort to save large trees valued by the owner. We have conducted a survey of large trees along the line alignment to identify and mark such trees. Following award of the construction contract, the City will conduct another survey with the contractor to determine which identified trees will be lost due to construction activities, and which may possibly be saved. The City may at that time consult with the owner as to the benefit of allowing the contractor an additional temporary easement area to circumvent a tree or group of trees. The contractor will be required to lay aside some downed trees as directed for disposal by the owner. 4. The City will pay an amount of $200 in consideration for costs incurred by you for updating your abstract for the permanent easement. Mrs Mildred Worley & Mr Earl Worley July 15, 1999 Page 2 Following pipe installation, the construction contractor will machine rake and remove all rock or other objectionable debris resulting from construction operations to a condition equal to the surface which existed prior to construction activities. The top of the collection line will be below the bottom of the creek bed. All excess excavated material shall be removed from the site. All areas which have been disturbed, such as that caused by equipment tracks, shall be carefully filled and repaired as though it were a part of the actual trench excavation. All disturbed areas shall be sodded with Bermuda grass, fertilized and mulched. 6. The construction contractor shall be required to replace or repair any permanent fence, gate or driveway damaged due to construction activities. Temporary fencing will be provided at excavated areas for the protection of persons, pets and livestock. 7. The line alignment and easement limits will be clearly marked by the construction contractor prior to commencement of construction. 8. The City shall repair any damage done to roads or driveways due to future line maintenance activities. 9. The City shall immediately take action to remediate per ODEQ regulations any damage due to any line breaks or bypasses on the line. 10. The City will schedule a meeting including City staff, the construction contractor and landowners prior to commencement of work on your property. If the above commitments comply fully with your requirements, please sign the acknowledgement at the end of this letter, and sign and notarize the easement document. We would request that we receive these documents no later than noon, Tuesday July 20, 1999. Upon approval by the City Council, we will return to you a copy of the fully executed easements, along with a check in the amount previously stated. I will be on vacation next week, if you have any questions or desire further information on this matter, please do not hesitate to contact Mr. Tim Rooney at 272 -2251. If you do not wish to accept this letter and the proposed terms before noon, this Tuesday, July 20, we would propose that the issue of adequate compensation be submitted to binding arbitration. Before moving to binding arbitration, we would sign a mutually agreed to agreement for binding arbitration. Please also note that the upcoming Tuesday City Council agenda will have two items listed concerning the proposed easement.. The first would be approval of this letter and the easement. If by chance we do not receive your response to this letter and a signed easement, the second item on the Council agenda is authorization for condemnation. Even if the City Council approves condemnation we could either agree to arbitration or continue to discuss the issue. However, the City is presently at such a time constraint that we must proceed with all necessary actions to ensure the construction of the sewer line within these constraints. Mrs Mildred Worley & Mr Earl Worley July 15, 1999 Page 3 Thank you for your cooperation in resolving issues which will allow for execution of the easement agreement. J / Copy: Mayor and City Council, City Attorney Ron Cates, Jay Updike Enclosures ACKNOWLEDGEMENT The above commitments 1 through 10 comply with my requirements. I am willing to sign an easement agreement with the City of Owasso based on these commitments. b W `mil 1 Mildred Worley, Owner Earl Worley, er BarbaraWorley, Owner Mildred, Earl and Barbara Worley 9402 East 1061' Street North Owasso, OK 74055 -6515 Alternate No. 1 TEMPORARY EASEMENT KNOW ALL MEN BY THESE PRESENTS WHEREAS, the CITY OF OWASSO desires to obtain the temporary right to use and occupy a strip of land adjacent to the permanent easement on which a sanitary sewer is to be constructed. NOW THEREFORE, for a sum of $1.00 and other good and valuable considerations, receipt whereof is hereby acknowledged, the undersigned does hereby give and grant to the CITY OF OWASSO, its employees, representatives, agents, and/or persons under contract with it, the temporary right to go upon and use the following described tract of land in Tulsa County, Oklahoma, to -wit: A strip of land across the northwest corner of the West 330 feet of the south 810 feet of the NE' /a NEI /a of Section 13, T21N, R13E, more particularly described as follows: Forty feet each side of a line beginning at a point on the west line of the NEI /a NE' /a of Section 13, T2 IN, R13E, at a point approximately 695 feet south of the NW comer of said NEI /a NEI /a; thence N64 °07'01 "E a distance of approximately 120 feet to a point; thence N45 °52'56 "E a distance of approximately 185 feet to the point of termination at a point 510 feet south of the north line of said NE' /a NE' /a, LESS a Thirty foot wide permanent easement along the same alignment, said tract of land containing 0.35 acres more or less. This grant of temporary right to use and occupy is given for the purpose of permitting the CITY OF OWASSO, its employees, representatives, agents and/or persons under contract with it, the right to use said described property in connection with the construction of a sanitary sewer mentioned in the preamble hereto and shall include the right to use said property in every lawful manner or means reasonably necessary to accomplish the construction, installation and laying of said sanitary sewer above mentioned. It is understood and agreed that this grant of temporary easement shall not be filed of record in the office of the County Clerk in and for Tulsa County, State of Oklahoma, provided; however, that the parties grantor agree that this grant shall be binding upon their heirs, executors, administrators and personal representatives during the term hereof; and further agree that in the event that premises covered by this temporary grant are sold, assigned or conveyed, that the purchaser or grantee thereof will be advised of the existence of this temporary grant and that said sale during said term shall be made subject to the rights herein given. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed this day of J N /,- , 19 �-, -i Mildred Worley Earl Worley Barbara Worley (Individual Acknowledgment) STATE OF OKLAHOMA ) )SS. COUNTY OF ) Before me, the undersigned, a Notary Public within and for said County and State, on this Ad�ay of 19M, personally appeared Mildred Worley, Earl Worley and Barbara Worley each to & kn nd�v to be the identical person who executed the within and foregoing instrument in writing and acknowledged to me that she executed the same as her free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Mssion Expires: Notary Public Mildred, Earl and Barbara Worley 9402 East 106a' Street North Owasso, OK 74055 -6515 Alternate No. 1 SANITARY SEWER EASEMENT Know All Men By These Presents: That the undersigned, Mildred Worley, Earl Worley and Barbara Worley , the OWNERS of the legal and equitable title to the following described real estate situated in Tulsa County, State of Oklahoma, for and in consideration of the sum of One Dollar ($1.00) cash in hand paid by the CITY OF OWASSO, Oklahoma, and other good and valuable considerations, receipt of which are hereby acknowledged, do hereby grant and convey unto the said CITY OF OWASSO, Oklahoma, a perpetual easement, through, over, under and across the following property, situated in said County, to -wit: A strip of land across the northwest corner of the west 330 feet of the south 810 feet of the NEIA NE' /a of Section 13, T2 1N, R13E, more particularly described as follows: Fifteen feet each side of a line beginning at a point on the west line of the NEIA NEI /a of Section 13, T21N, R13E, at a point approximately 695 feet south of the NW corner of said NEI /a NEIA; thence N64°07'0I "E a distance of approximately 120 feet to a point; thence N45 °52'56 "E a distance of approximately 185 feet to the point of termination at a point 510 feet south of the north line of said NEI /a NEI /a, said tract of land containing 0.21 acres more or less. for the purpose of permitting the said CITY OF OWASSO, Oklahoma, to construct a sanitary sewer thereon through, over, under and across said property, together with all necessary and convenient appurtenances thereto; and to use and maintain the same and of affording the CITY OF OWASSO, Oklahoma, its officers, agents, employees, and all persons under contract with it, the right to enter upon said premises and strip of land for the purpose of surveying, excavating for, laying, constructing, operating, repairing, relaying, and maintaining said sanitary sewer, and for the further purpose of enabling the said CITY OF OWASSO, Oklahoma, to do any and all convenient things to such construction, operation, repairing, and maintaining of such sanitary sewer. TO HAVE AND TO HOLD such easement and right -of -way unto the said CITY OF OWASSO, Oklahoma, its successors and assigns, forever. Dated this -4 day of J / 19 IUM1701'"em -Am Mildred Worley e � ��� ✓" Earl Worley Barbara Worley ACKNOWLEDGMENT STATE OF OKLAHOMA ) )SS COUNTY OF s— ) Before me, the undersigned, a Notary Public in and for Tulsa County, State of Oklahoma, personally appeared Mildred Worley, Earl Worley and Barbara Worley , personally known to me to be such, acknowledged that she executed the above and foregoing document freely and voluntarily and for the uses and purposes therein stated. My Commission Expires: Notary Public Accepted by the City Council of CITY OF OWASSO, Oklahoma, this day of '19— CITY OF OWASSO, OKLAHOMA ATTEST: Mayor Marcia Boutwell, City Clerk