Loading...
HomeMy WebLinkAbout1999.12.21_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY TYPE OF MEETING: Regular DATE: December 21, 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, December 17, 1999. 1. Call to Order Chairman Wilken 2. Invocation Jim McElrath Support Services Director 3. Flag Salute Ron Cates, City Attorney 4 Roll Call Marci outwell, Autho A y Secretary AGENDA 5. Consideration and Appropriate Action Relating to a Request for Approval of the Consent ' Agenda. All matters listed under "Consent" are considered by the Trustees to be routine and will be enacted by one motion. Any Trustee may, however, remove an item from consent by request. A motion to adopt the Consent Agenda is non - debatable. F" ok Owasso Public Works Authority December 21, 1999 Page 2 F, A. Approval of the Minutes of December 7, 1999 Regular Meeting. Attachment #5 -A ► B. Approval of Claims. Attachment #5 -B • 6. Consideration and Appropriate Action Relating to an Agreement With Rural Water District No. 3, Rogers County. Mr Cates Attachments #6 The staff will recommend approval of an agreement with Rural Water District No. 3, Rogers County for the purpose of furnishing billing, collection and remittance of utility service and ambulance charges, as well as assuring adequate fire flow capacity, in developing areas within the respective territory of both parties, and authorization for the Chair to execute the agreement. 7. Consideration and Appropriate Action Relating to an Agreement With Rural Water District No. 3, Washington County. Mr Cates See Attachments #6 The staff will recommend approval of an agreement with Rural Water District No. 3, Washington County for the purpose of furnishing billing, collection and remittance of utility service and ambulance service, as well as assuring adequate fire flow capacity, in developing areas within the respective territory of both parties, and authorization for the Chair to execute the agreement. Owasso Public Works Authority December 21, 1999 Page 3 8. Report from OPWA Manager. 9. Report from OPWA Attorney. 10. New Business. 11. Adjournment. ' OWASSO PUBLIC WORKS AUTHORITY MINUTES OF REGULAR MEETING ' Tuesday, December 7, 1999 The Owasso Public Works Authority met in regular session on Tuesday, December 7 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, December 3, 1999 I I I I I I ITEM 1 CALL TO ORDER Chairman Wilken called the meeting to order at 6:30 p.m. ITEM 2: FLAG SALUTE The invocation was offered by Allan Harder of the Human Resources Department, followed by the flag salute led by Phil Lutz of the Engineering Department. ITEM 3: ROLL CALL PRESENT Mark Wilken, Chair Mary Lou Barnhouse, Vice Chair Denise Bode, Trustee H C "Will" Williams, Trustee STAFF Jeff Hancock, City Manager Ronald D Cates, Authority Attorney Marcia Boutwell, Authority Secretary A quorum was declared present. ABSENT Melinda Voss, Trustee ITEM 4: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. A. Approval of the Minutes of November 16, 1999 Regular Meeting. ' B. Approval of Claims. ' The consent agenda included minutes of the November 16, 1999 regular meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) Owasso Public Works Authority $44,973.57; (2) OPWA Capital Improvement Fund $118,874.84; (3) ' OPWA Sales Tax Fund $124,828.75; (4) Interfund Transfers $43,114.59; (5) Payroll $31,764.49. Dr Bode moved, seconded by Mr Williams, to approve the consent agenda. ' AYE: Bode, Williams, Barnhouse, Wilken NAY: None Motion carried 4 -0. Owasso Public Works Authority December 7, 1999 ITEM 5: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN AMENDMENT TO THE ENGINEERING CONTRACT FOR THE DESIGN OF THE NORTH OWASSO WASTEWATER COLLECTION SYSTEM IMPROVEMENTS. Mr Carr said that the OPWA approved an agreement for engineering design services with HUB +Garver on March 17, 1998 for North Owasso Wastewater Collection System Improvements. The project consisted of eliminating the 1061h St lift station and construction of approximately 7200 LF of 15 -inch and 18 -inch gravity sewer to connect to the Ranch Creek Interceptor. Construction of the project was awarded to Sapulpa Digging on June 15, 1999 and is nearing completion. The 106th St lift station was removed from service on November 10, 1999. Although the purpose of the North Owasso Interceptor was to eliminate the 106th St lift station and problems connected with inadequate lift station pumping, increasing collection system capacity north of the station location is also needed. Bypasses have been documented on N Mingo Rd at locations adjacent to Hillside Addition due largely to limited capacity in the smaller diameter collection system. Engineering services previously performed by HUB +Garver did not include the area north of the 106th St lift station along N Mingo Rd. An extension of approximately 5175 LF is needed and engineering services will need to be performed for the additional work. Amendment #1 to the original engineering agreement provides for the additional services. Mr Larry Worley, a resident of the affected area, voiced his concerns about the bypasses and his understanding that the work already performed should take care of the problem. Following discussion, Mr Williams moved, seconded by Dr Bode, to approve Amendment #1 to the Agreement for Engineering Services for the North Owasso Wastewater Collection System Improvements with HUB +Garver, Tulsa, OK, in the lump sum amount of $15,520, and authorization for the Chair to execute the amendment. AYE: Williams, Bode, Barnhouse, Wilken NAY: None Motion carried 4 -0. ITEM 6: REPORT FROM OPWA MANAGER No report. ITEM 7: REPORT FROM OPWA ATTORNEY No report. ITEM 8: NEW BUSINESS. None -2- Owasso Public Works Authority ITEM 9: ADJOURNMENT Dr Bode moved, seconded by Ms Barnhouse, to adjourn. AYE: Bode, Barnhouse, Williams, Wilken NAY: None Motion carried 4 -0, and the meeting was adjourned at 6:50 p.m. Marcia Boutwell, Secretary -3- December 7, 1999 Mark Wilken, Chairperson CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY 12/17!71 8:11:47 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- OPWA ADMINISTRATION ------------------------ - - - - -- 200007 RONALD D CATES 200007 RONALD D CATES 200021 OFFICE DEPOT CARD PLAN 201183 AT &T WIRELESS SERVICES 201349 DUCT DOCTOR 201476 LOWE'S COMPANIES INC 201628 ADMIRAL EXPRESS 201628 ADMIRAL EXPRESS 201645 LIBERTY FLAGS 201660 TREASURER PETTY CASH 201660 TREASURER PETTY CASH 201666 SOUTHWESTERN BELL TELE 201668 OKLAHOMA NATURAL GAS DEPARTMENT TOTAL =_ = => UTILITY BILLING ------------------------ - - - - -- 200186 200187 200188 L00189 200190 2(.*/, �:)191 200192 200193 US POSTMASTER TYRONE DINKINS BRAD SPARKMAN MICHAEL SHADBOLT BRANDON HAMILTON OSCAR MCLAURIN DIANNE MOSS MARK MEYER DEPARTMENT TOTAL = = =_'> WATER ------------------------ - - - - -- RETAINER LEGAL SERVICES COMPUTER PRINTER PHONE USE -CARR DUCT CLEANING REFRIGERATOR OFFICE SUPPLIES OFFICE SUPPLIES FLAGS REIMB PETTY CASH FURNITURE 11/99 USE - PLEXAR 11/99 USE UTILI' METER METER METER METER METER METER METER rY BILL POSTAGE READER READER READER READER READER READER READER 700.00 75.00 99.99 44.17 849.00 498.00 69.99 6.32 22.50 2.97 97.00 117.33 59.11 2,641.38 1,500.00 316.35 157.50 49.20 122.85 198.30 181.50 464.85 2,990.55 43.58 15.54 102.30 276.96 29.26 240.92 647.50 1,572.50 56.83 165.66 271.43 200038 UNIFIRST CORPORATION UNIFORM CLEAN /RENT 200038 UNIFIRST CORPORATION UNIFORM CLEAN /RENT ' 200782 EQUIPMENT ONE RENTAL & SA EQUIPMENT RENTALS 200986 KIMBALL ACE HARDWARE MAINT /REPAIR SUPPLIES 201183 201185 AT &T WIRELESS SERVICES WATER PRODUCTS INC PHONE USE /ON -CALL REPAIR /MAINT SUPPLIES 201353 WATER PRODUCTS INC WATER METERS 10/19/99 201353 WATER PRODUCTS INC WATER METERS 10/19/99 ' 201355 GEORGE & GEORGE SAFETY SAFETY SUPPLIES 201443 FUELMAN FUEL -11/99 1 201444 CITY GARAGE VEHICLE MAINT -11/99 700.00 75.00 99.99 44.17 849.00 498.00 69.99 6.32 22.50 2.97 97.00 117.33 59.11 2,641.38 1,500.00 316.35 157.50 49.20 122.85 198.30 181.50 464.85 2,990.55 43.58 15.54 102.30 276.96 29.26 240.92 647.50 1,572.50 56.83 165.66 271.43 CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY 12/17/71 8:11:47 A/P CLAIMS REPORT PO '# VENDOR DESCRIPTION 201469 SHERWIN - WILLIAMS PAINT 201470 WASHINGTON CO RURAL WATER =01501 HACH COMPANY 201506 EQUIPMENT ONE RENTAL & SA 201525 DODGE TOWN USA 201666 SOUTHWESTERN BELL TELE 201667 SOUTHWESTERN BELL TELE DEPARTMENT TOTAL =___> WASTEWATER TREATMENT PLANT ------------------------ - - - - -- 200012 ADVANCE CHEMICAL 200038 UNIFIRST CORPORATION 200038 UNIFIRST CORPORATION 200470 EDWARDS ENVIRONMENTAL COR 200918 SAND SPRINGS SAND & GRAVE 200986 KIMBALL ACE HARDWARE 201286 BAYOUTH DEPT STORE 201443 FUELMAN 201444 CITY GARAGE 201497 WASTE MANAGEMENT OF OKLA 201660 TREASURER PETTY CASH 201666 SOUTHWESTERN BELL TELE DEPARTMENT TOTAL =___> WASTEWATER COLLECTION ------------------------ - - - - -- 200038 UNIFIRST CORPORATION 200038 UNIFIRST CORPORATION 200782 EQUIPMENT ONE RENTAL & 200986 KIMBALL ACE HARDWARE 201183 AT &T WIRELESS SERVICES 201289 HUB + GARVER 201354 W W GRAINGER INC 201355 GEORGE & GEORGE SAFETY 201443 FUELMAN 201444 CITY GARAGE 201469 SHERWIN - WILLIAMS PAINT 201471 ALLIED BEARINGS SUPPLY 201504 WOODS PORTABLE WELDING 201505 RENTAL SERVICE CORP 201509 MULLIN PLUMBING 201543 WHITE STAR PAINT PURCHASED CHEMICALS EQUIPMENT PICKUP TRI 11/99 USE - 12/99 USE- WATER RENTAL ICK- 11/16/99 - PLEXAR -NON PLEXAR CHLORINE UNIFORM CLEAN /RENT UNIFORM CLEAN /RENT CHEMICALS GRAVEL - SLUDGE BEDS MAINT /REPAIR SUPPLIES CARHARTTS FUEL -11/99 VEHICLE MAINT -11/99 TIPPING FEES REIMB PETTY CASH 11/99 USE - PLEXAR UNIFORM CLEAN /RENT UNIFORM CLEAN /RENT SA EQUIPMENT RENTALS MAINT /REPAIR SUPPLIES PHONE USE /STAND -BY ENGINEERING SVS 6/15/99 MAINT /REPAIR SUPPLIES SAFETY SUPPLIES FUEL -11/99 VEHICLE MAINT -11/99 REPAIR SUPPLIES CO PUMP BEARINGS PORTABLE WINCH SCISSOR LIFT RENTAL SEWER LINE INSPECTION TRACKHOE RENTAL APAPVR PAGE:' AMOUNT ------- - - - - -1 17.12 1, 844.0 142.6,' 175.4b 15,689.00 13. 1F, 63.9E 21,367.81 1 472.50 45.1j 22.5 771.64 340.4^ 280. 129.9 36.34 246.5 111.5 13.00 - - - - - -- -38.01 2,508.32 62.501 42.00 162.80 83. 181 60.61 19,275.00 43.351 56.83 392.65 21.281 363.28 90.00 450.001 250.00 247.25 CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY 12/17/71 8:11:47 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOU4T ---- - - - - -- ------------------- - - - - -- ------------------- - = - - -- ------- - - - - -- 201667 SOUTHWESTERN BELL TELE 12/99 USE -NON PLEXAR 201668 OKLAHOMA NATURAL GAS 11/99 USE 201668 OKLAHOMA NATURAL GAS 11/99 USE DEPARTMENT TOTAL =___> REFUSE COLLECTIONS ------------------------ - - - - -- 200038 UNIFIRST CORPORATION UNIFORM CLEAN /RENT 200038 UNIFIRST CORPORATION UNIFORM CLEAN /RENT 200115-GELLCO SAFETY SHOES SAFETY BOOTS 200986 KIMBALL ACE HARDWARE MAINT /REPAIR SUPPLIES 201420 WASTE MANAGEMENT OF OKLA COMM REFUSE -11/99 201443 FUELMAN FUEL -11/99 201444 CITY GARAGE VEHICLE MAINT -11/99 201497 WASTE MANAGEMENT OF UKLA TIPPING FEES DEPARTMENT TOTAL =___> RECYCLE CENTER 200038 UNIFIRST CORPORATION UNIFORM CLEAN /RENT 200038 UNIFIRST CORPORATION UNIFORM CLEAN /RENT 201497 WASTE MANAGEMENT OF OKLA TIPPING FEES 201666 SOUTHWESTERN BELL TELE 11/99 USE- PLEXAR DEPARTMENT TOTAL =___> FUND TOTAL =___> 224.12 9.96 203.4; 22,069.17 35.20 17.60 2'03.40 6.91 15,219.38 1,053.27 2 ,734.74 4,671.35 23,941.85 u.80 4.40 1,632.08 19.00 1,664.28 77,183-39 CITY OF OWASSO I OPWA CAPITAL IMPROVEMENT FUND 1'L:/ 17 'i' 1 8:11:47 A/ P CLAIMS REPORT AF'APVR PAGE PO # VENDOR DESCRIPTION ----------- AMOUNT WASTEWATER ------------------------ - - - - -- 20079 HUB + GARVER WWTP PHASE II- 2/2/99 200405 SAPULPA DIGGING INC 1,300.0 N OWASSO DRAINAGE - 6/15/99 40,634.8' DEPARTMENT TOTAL =___> 41,934.8 po FUND TOTAL =___> 41,934-86 CITY OF f �WASSO OPWA - SEWERLINE EXTENSION 12/17;71 3:11:47 A/P CLAIMS.REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- ELM CREEK INTERCEPTOR 200003 FIRST BANK OF OWASSO ELM CREEK NOTE DEPARTMENT TOTAL = = = => FUND TOTAL = = = => 23,000.00 23,000.00 23,000-00 OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 12/04/99 DEPARTMENT OVERTIME TOTAL EXPENSES EXPENSES .?PWAdrinifi t,fln Utility Billing 0.00 11974.97 Wastewater 2... 28..8... 6 6,348 98 tt etl . ctan:::: >:: >> .: ..::::::::::::::: ::::.:::....................... . xx ,.2 Refuse 0 00 5,387.09 W Center ::;::; . t t?Qx�1 3< X APPROVED: 12/21/99 Chairman Trustee I rustee MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO and THE HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: JEFF HANCOCK CITY MANAGER SUBJECT: AGREEMENTS WITH RURAL WATER DISTRICT NO. 3, ROGERS COUNTY AND RURAL WATER DISTRICT NO. 3, WASHINGTON COUNTY DATE: December 16, 1999 This memorandum addresses four requested actions. The first two are items 6 and 7 under the Owasso Public Works Authority Agenda and requests OPWA approval of agreements with Rural Water District No. 3, Rogers County and Rural Water District No. 3, Washington County. The next two actions are items 18 and 19 under the City Council Agenda to approve the same agreements. IBACKGROUND: ' For the last few months, both the City Attorney and staff have had discussions with the attorney and staff of both Rural Water District No. 3, Rogers County and Rural Water District No. 3, Washington County. The purpose of these negotiations was to work out methods of business for both rural water districts and the City when, within the city limits, an area is serviced by a rural water district. This is currently prevalent at the subdivisions of Bailey Ranch Estates II, Preston Lakes, and the Owasso Market Center. As was discussed at the last City Council Work Session by Mr. Cates, we have arrived at agreements between the OPWA, City and both rural water districts. The proposed, attached agreements note our cooperative purpose, the duration of the agreements, the method of holding title and ownership of assets, and the income, liabilities, accounting, billing and collection of charges procedures. It also notes development standards, termination of service, and area of service. City Attorney Ron Cates plans to be present at the meeting to present to you these agreements. RURAL WATER DISTRICT AGREEMENTS\ DECEMBER 16, 1999 PAGE 2 RECOMMENDATION: Staff recommends OPWA approval of an agreement with Rural Water District No. 3, Rogers County and Rural Water District No. 3, Washington County and authorization of the OPWA Chairman to execute said agreements. Staff recommends City Council approval of an agreement with Rural Water District No. 3, Rogers County and Rural Water District No. 3, Washington County and authorization for the Mayor to execute said agreements. ATTACHMENTS: 1. Letter from Mr Cates 2. Agreement with Rural Water Districts No. 3, Rogers County 3. Agreement with Rural Water District No. 3, Washington County RONALD D. CATES Attorney at Law Suite 680, ParkCentre 525 South Main , Tulsa, Oklahoma 74103 918 -582 -7447 December 13, 1999 Mr. James W. Summerlin Attorney at Law 501 West First Street Claremore, Oklahoma In Re: Agreement by and between RWD #3 Washington County and the City of Owasso, Oklahoma and Owasso Public Works Authority Dear Jim: FAX 918 -582 -0166 Agreement by and between RWD 43 Rogers County and the City of Owasso, Oklahoma and Owasso Public Works Authority In accordance with your facsimile transmission of December 9`h, 1999, I have modified the proposed agreements at paragraphs five and six of each. Insofar as inter - connection service is concerned, I inserted the language "at District's expense" as it is my understanding that has been the understanding among the parties. I have discussed your client's request concerning the City establishing a flat rate that ' would cover all charges to be billed and collected by your client on the City's behalf with Ms. Sherry Bishop, Finance Director of the City of Owasso, Oklahoma. Ms. Bishop advised me that establishing a fixed rate is a workable solution to your client's concerns and therefore would be recommended to the City provided, however, the City would have the opportunity to periodically review District's water service charges to its customers within the corporate limits of City, more ' importantly, the volumes of water being sold to determine whether or not an adjustment would need to be made in the fixed rate. Understandably, such review of the water charges would occur at reasonable times being agreed upon by the parties during the course of this relationship. I trust the foregoing meets with your needs at this time. After you have had an opportunity to review such, please contact me to let me know if the proposed modifications are acceptable. As you are aware, I am taking the proposed agreements before the City Council of the City of Owasso, Oklahoma, in it's work session scheduled for the 14`h day of December, 1999. � I II Mr. James W. Summerlin December 13, 1999 Page 2 Thanking you in advance for your attention hereto, I remain. RDC /nhc encl. Since Ronald D. Cates xc: w/ encl. Mr. Jeff Hancock City Manager Sherry Bishop Finance Director J AGREEMENT BY AND BETWEEN RURAL WATER DISTRICT NO. 3, ROGERS COUNTY AND THE CITY OF OWASSO OKLAHOMA AND OWASSO PUBLIC WORKS AUTHORITY THIS AGREEMENT is made and entered into this day of December, 1999, by and between Rural Water District No. 3, Rogers County, Oklahoma, hereinafter referred to as "District" and the City of Owasso, Oklahoma, and the Owasso Public Works Authority, hereinafter collectively referred to as "City ". WITNESSETH: Historical Recital The District and the City are each engaged in the business of supplying utility services to patrons within each entity's respective territorial area. In an effort to provide the best service to its patrons and without duplication of facilities, incurring unnecessary expense and overhead costs, etc. the parties have agreed to share responsibility for the provision of certain utility service to areas within each of the respective territories. The District is engaged in the business of supplying potable water to its patrons. The City is engaged in the business of supplying sanitary sewer service, sanitation service as well as ambulance and fire protection service to its patrons. The parties have determined it to be in their mutual interest to each provide their respective service to their respective patrons and to mutually agree on issues relevant to the services to be performed. The Agreement The District and the City, in consideration of their mutual promises and other valuable consideration, hereby agree as follows: Cooperative Purpose: It is the intent of the parties to conduct their respective operatives in a cooperative manner. The purpose of this agreement shall be to mutually cooperate in the furnishing of utility services, fire protection and ambulance service to developing areas that are within or contemplated to come within the respective territory of both parties with District to provide exclusive water service and with City to provide sanitary sewer, sanitation, ambulance and fire protection service. 2. Duration: This agreement shall become effective when it is approved by both District and City governing bodies and shall remain in effect for a period of ten (10) years thereafter and shall be automatically renewed for additional ten (10) year periods unless canceled by the majority vote of one of the governing bodies of the parties hereto at least one hundred twenty (120) days prior to any anniversary date. 3. Method of Holding Title and Ownership of Assets: It is understood and agreed that District shall remain the owner of all easements, water transmission lines, pumps, fire hydrants, appurtenances and equipment located within the District's water service territory and used in providing water service to the area. City shall remain the owner of all easements, sewer lines, pump and lift stations, appurtenances and equipment located within the District's water service territory and used in providing sanitary sewer service to the area. City shall further inspect and service all fire hydrants. Each party shall have authority to pledge or otherwise designate their respective assets as security for any loan or encumbrance. 4. Income, Liabilities and Accounting: The revenue derived from the sale of water, benefit units or other income of any nature from the operation of the water distribution system within District's water service territory shall remain the sole property of District. District will incur no debt or liability that will obligate the City and further will hold City harmless from any claim or liability resulting from the operation of the water distribution system. The revenue derived from the operation of the sanitary sewer system, sanitary sewer assessments, sanitation service charges and ambulance subscription fees shall remain the sole property of City. City will incur no debt or liability that will obligate the District and further will hold District harmless from any claim or liability resulting from the operation of the sanitary sewer system, sanitation service and ambulance service. 5. Billing and Collection of charges: District shall be responsible for the billing and collection of its charges for water service to its patrons. District will be responsible for the billing and collection of City's then applicable sanitary sewer charges, sanitary sewer assessments, sanitation charges, ambulance subscription fees and any other future fees which City may lawfully adopt. Such amounts collected shall be remitted to City by District on or before the day of each month. The City shall pay unto District as and for its billing and collection charges an amount equal to ( percent) of amounts collected and remitted by District to City. The foregoing percentage payment may be renegotiated and adjusted by the parties no more than on an annual basis, such adjustment to be memorialized by written memorandum executed by the parties and attached hereto. Either party hereto may, upon ninety (90) days written notice to the other, with or without cause, terminate the billing, collection and remittance arrangement as established by this paragraph. If, and in the event, termination of such billing, collection and remittance arrangement is effectuated by either party, then, in such event, both parties shall, in good faith, cooperate in making the billing, collection and remittance arrangement transition giving full consideration to the issues associated with administrative implementation as well as customer convenience occasioned by such transition. 2 r The District shall furnish water necessary for fire suppression purposes within District's water service territory at no cost to the City. District's water used by City for the flushing and testing of fire hydrants shall be paid for to District by City at the Districts then applicable rate being charged other municipal fire services or rural fire protection districts located within District's water service territory. City shall give twenty -four (24) hour prior notification to District of the times and hydrants to be tested and will provide District City's best estimate of water used by City in such flushing and testing. 6. Development Standards: District will agree to require all Developers to meet the Oklahoma Department of Environmental Quality (DEQ) standards for installation of all water distribution lines and systems including adequate fire flow protection. Should District be unable to furnish adequate water flow for fire protection, City agrees to provide at District's expense, inner - connection service sufficient for fire protection purposes if City's water distribution system is adequate to provide water flow for fire- protection and the inner - connection service will not detrimentally affect service to other parts of the City as determined by the City. 7. Termination of Service: As in accommodation to City, District agrees to disconnect water service to any of its patrons that fail to pay City's applicable sanitary sewer charges, sanitary sewer assessments, sanitation charges, ambulance subscription fees and any other future fees which City may lawfully adopt, provided, however, that City will require its patrons to sign an agreement for service that will include a provision whereby applicant will agree that District may terminate his water service in the event of a default on payment to the City of any sanitary sewer charges, sanitary sewer assessments, sanitation charges, ambulance subscription fees and any other future fees which City may lawfully adopt, and further provided that City will notify District in writing of any such default and request termination of water service and further provided that City will hold District free and harmless from suits, claims and liabilities that may result to District as a result of termination of water service and further City will reimburse District for any costs and expenses that it may incur as a result of termination of water service. 8. Area of Service. This contract shall govern, control and include all lands that are within the boundary of District and that are annexed by the City. 9. Indemnification: Each of the parties hereto shall indemnify and hold harmless the other from any and all claims, suits and liabilities that either may incur as a result of the negligence or breach of this agreement by the other party. Further, neither party may obligate the other party to any debt or liability and neither shall be liable for the conduct of the other. 10. Amendment: This agreement may he amended from time by the mutual consent and written agreement of both parties. RURAL WATER DISTRICT NO.3 ROGERS COUNTY, OKLAHOMA By: ATTEST: Russell Bradshaw, Secretary Larry Mallory, Chairman Passed and approved on the day of December, 1999. ATTEST: Marcia Boutwell, City Clerk 4 THE CITY OF OWASSO, OKLAHOMA " By: Mark Wilken, Mayor Passed and approved on the day of December, 1999. OWASSO PUBLIC WORKS AUTHORITY By:_ Mark Wilken, Chairman El ATTEST: Marcia Boutwell, Secretary Passed and approved on the 2780- 399.agt RG day of December, 1999. 5 AGREEMENT BY AND BETWEEN RURAL WATER DISTRICT NO. 3, WASHINGTON COUNTY AND THE CITY OF OWASSO OKLAHOMA AND OWASSO PUBLIC WORKS AUTHORITY THIS AGREEMENT is made and entered into this day of December, 1999,by and between Rural Water District No. 3, Washington County, Oklahoma, hereinafter referred to as "District" and the City of Owasso, Oklahoma, and the Owasso Public Works Authority, hereinafter collectively referred to as "City". WITNESSETH: Historical Recital The District and the City are each engaged in the business of supplying utility services to patrons within each entity's respective territorial area. In an effort to provide the best service to its patrons and without duplication of facilities, incurring unnecessary expense and overhead costs, etc. the parties have agreed to share responsibility for the provision of certain utility service to areas within each of the respective territories. The District is engaged in the business of supplying potable water to its patrons. The City is engaged in the business of supplying sanitary sewer service, sanitation service as well as ambulance and fire protection service to its patrons. The parties have determined it to be in their mutual interest to each provide their respective service to their respective patrons and to mutually agree on issues relevant to the services to be performed. The Agreement The District and the City, in consideration of their mutual promises and other valuable consideration, hereby agree as follows: 1. Cooperative Purpose: It is the intent of the parties to conduct their respective operatives in a cooperative manner. The purpose of this agreement shall be to mutually cooperate in the furnishing of utility services, fire protection and ambulance service to developing areas that are within or contemplated to come within the respective territory of both parties with District to provide exclusive water service and with City to provide sanitary sewer, sanitation, ambulance and fire protection service. 2. Duration: This agreement shall become effective when it is approved by both District and City governing bodies and shall remain in effect for a period of ten (10) years thereafter and shall be automatically renewed for additional ten (10) year periods unless canceled by the majority vote of one of the governing bodies of the parties hereto at least one hundred twenty (120) days prior to any anniversary date. 3. Method of Holding Title and Ownership of Assets: It is understood and agreed that District shall remain the owner of all easements, water transmission lines, pumps, fire hydrants, appurtenances and equipment located within the District's water service territory and used in providing water service to the area. City shall remain the owner of all easements, sewer lines, pump and lift stations, appurtenances and equipment located within the District's water service territory and used in providing sanitary sewer service to the area. City shall further inspect and service all fire hydrants. Each party shall have authority to pledge or otherwise designate their respective assets as security for any loan or encumbrance. 4. Income, Liabilities and Accounting: The revenue derived from the sale of water, benefit units or other income of any nature from the operation of the water distribution system within District's water service territory shall remain the sole property of District. District will incur no debt or liability that will obligate the City and further will hold City harmless from any claim or liability resulting from the operation of the water distribution system. The revenue derived from the operation of the sanitary sewer system, sanitary sewer ' assessments, sanitation service charges and ambulance subscription fees shall remain the sole property of City. City will incur no debt or liability that will obligate the District and further will hold District harmless from any claim or liability resulting from the operation of the sanitary sewer ' system, sanitation service and ambulance service. 5. Billing and Collection of charges: District shall be responsible for the billing and ' collection of its charges for water service to its patrons. District will be responsible for the billing and collection of City's then applicable sanitary sewer charges, sanitary sewer assessments, sanitation charges, ambulance subscription fees and any other future fees which City may lawfully adopt. Such amounts collected shall be remitted to City by District on or before the day of each month. The City shall pay unto District as and for its billing and collection charges an amount equal to ( percent) of amounts collected and remitted by District to City. The foregoing percentage payment may be renegotiated and adjusted by the parties no more than on an annual basis, such adjustment to be memorialized by written memorandum executed by the parties and attached hereto. Either party hereto may, upon ninety (90) days written notice to the other, with or without cause, terminate the billing, collection and remittance arrangement as established by this paragraph. If, and in the event, termination of such billing, collection and remittance arrangement is effectuated by either party, then, in such event, both parties shall, in good faith, cooperate in making the billing, collection and remittance arrangement transition giving full consideration to the issues associated with administrative implementation as well as customer convenience ' occasioned by such transition. i1 2 The District shall furnish water necessary for fire suppression purposes within District's water service territory at no cost to the City. District's water used by City for the flushing and testing of fire hydrants shall be paid for to District by City at the Districts then applicable rate being charged other municipal fire services or rural fire protection districts located within District's water service territory. City shall give twenty -four (24) hour prior notification to District of the times and hydrants to be tested and will provide District City's best estimate of water used by City in such flushing and testing. 6. Development Standards: District will agree to require all Developers to meet the Oklahoma Department of Environmental Quality (DEQ) standards for installation of all water distribution lines and systems including adequate fire flow protection. Should District be unable to furnish adequate water flow for fire protection, City agrees to provide at District's expense, inner - connection service sufficient for fire protection purposes if City's water distribution system is adequate to provide water flow for fire - protection and the inner - connection service will not detrimentally affect service to other parts of the City as determined by the City. 7. Termination of Service: As in accommodation to City, District agrees to disconnect water service to any of its patrons that fail to pay City's applicable sanitary sewer charges, sanitary sewer assessments, sanitation charges, ambulance subscription fees and any other future fees which City may lawfully adopt, provided, however, that City will require its patrons to sign an agreement for service that will include a provision whereby applicant will agree that District may terminate his water service in the event of a default on payment to the City of any sanitary sewer charges, sanitary sewer assessments, sanitation charges, ambulance subscription fees and any other future fees which City may lawfully adopt, and further provided that City will notify District in writing of any such default and request termination of water service and further provided that City will hold District free and harmless from suits, claims and liabilities that may result to District as a result of termination of water service and further City will reimburse District for any costs and expenses that it may incur as a result of termination of water service. 8. Area of Service. This contract shall govern, control and include all lands that are within the boundary of District and that are annexed by the City. 9. Indemnification: Each of the parties hereto shall indemnify and hold harmless the other from any and all claims, suits and liabilities that either may incur as a result of the negligence or breach of this agreement by the other party. Further, neither party may obligate the other party to any debt or liability and neither shall be liable for the conduct of the other. 10. Amendment: This agreement may he amended from time by the mutual consent and written agreement of both parties. I' RURAL WATER DISTRICT NO.3 WASHINGTON COUNTY, OKLAHOMA By: ATTEST: John Eschbach, Secretary William Jacobs, Chairman Passed and approved on the day of December, 1999. THE CITY OF OWASSO, OKLAHOMA By: Mark Wilken, Mayor ATTEST: Marcia Boutwell, City Clerk Passed and approved on the day of December, 1999. OWASSO PUBLIC WORKS AUTHORITY By: Mark Wilken, Chairman 4 1 ATTEST: Marcia Boutwell, Secretary Passed and approved on the day of December, 1999. 2780- 399.agt WA 5