Loading...
HomeMy WebLinkAbout2008.04.08_City Council Agenda_Special PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Special DATE: Apri18, 2008 TIME: 6:00 p.m. PLACE: Owasso City Hall 111 N. Main Street Lower Level Conference Room Owasso, Oklahoma Notice and agenda filed in the office of the City Clerk and posted on the City all bulletin board at 5:00 PM on Friday, April 4, 2008. A ~ ~~ J 'ann M. Stevens, Deputy ity Clerk AGENDA 1. Call to Order Mayor Stephen Cataudella 2. Discussion relating to Community Development Department Items Mr. Rooney Attachment # 2 A. Requests for Annexation (1) B. Requests for Final Plat (2) 3. Discussion relating to Public Works Department Items Mr. Rooney Attachment # 3 A. Proposed Firestation No. 3 Waterline Extension Payback Agreement B. Proposed Firestation No. 3 Sanitary Sewer Extension Payback Agreement C. Proposed acceptance and final payment for Phase I of the N. Garnett Road Regional Detention Project 4. Discussion relating to Fire Department Items Mr. Rooney Attachment # 4 A. Update regarding the Firestation No. 3 Construction Project Owasso City Council April 8, 2008 Page 2 5. Discussion relating to City Manager Items Mr. Ray Attachment # 5 A. IAFF Negotiations B. Pelivan Transit C. Proposed agreements between the City of Owasso and AT&T / Cox Communications (memo attached) D. FY 08-09 Budget 6. Legislative Update Ms. Lombardi 7. Report from City Councilors. 8. Adjournment. ' MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: ANNEXATION OS-Ol DATE: Apri13, 2008 BACKGROUND: The City of Owasso has received a request for the annexation of approximately 5 acres, located at 10602 North 97th East Avenue. It is the intention of the owners to sell the property for future development. LOCATION: Located on the northwest corner of E. 106th Street North and N. Mingo Road. EXISTING LAND USE: Undeveloped SURROUNDING LAND USE: North: Large Lot Residential /Agriculture South: Large Lot Residential /Agriculture East: Undeveloped/ (proposed site of future fire station) West: Large Lot Residential /Agriculture PRESENT ZONING: AG (Agricultural District) -Tulsa County DEVELOPMENT PROCESS: ' The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property ' annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of--way widths, easements, and other physical characteristics that must be provided for review by the City. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and approved by city staff. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. ANALYSIS: The purpose of the applicant's annexation request is to bring the property into the City Limits of Owasso in order to receive city services. The property is currently zoned AG (Agricultural General District) in Tulsa County and would remain this same classification upon annexation. Prior to any action relative to a rezoning request, a rezoning sign will be posted on the property and property owners within 300' will be notified. All development that occurs on the subject property must adhere to all subdivision and zoning requirements including but not limited to paved streets and sidewalks. Residential sewer and water service will be provided by the City of Owasso. Staff published legal notice of the annexation petition in the March 13, 2008 edition of the Owasso Reporter. Staff has received no phone calls or correspondence concerning the annexation request. TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee reviewed the request on March 26, 2008. There were no concerns regarding the Annexation request. OWASSO ANNEXATION COMMITTEE: The Owasso Annexation Committee reviewed the request on March 26, 2008. There was discussion regarding the future dedication of road right-of--way on 106th Street North Avenue and 97th East Avenue, The Owasso Annexation Committee recommended approval with no negative concerns. PLANNING COMMISSION HEARING: The Owasso Planning Commission will consider the request at a public hearing on April 7, 2008. ~ RECOMMENDATION: Staff intends to recommend Council approval of the request to annex the property into the corporate limits of the City of Owasso. ATTACHMENTS: 1. General Area Map E --- ~ j SITE ~,,.,~, ~ LOCATION E 106TH ST N Community Development Department Owasso, OK 74055 ~' 918.376.1500 www.cityofowasso.com 10602 N 97th E AVE LOCATION MAP N W E S 03/19/08 ' MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: FINAL PLAT, TEMPLE BUSINESS PARK DATE: Apri13, 2008 BACKGROUND: The City of Owasso has received a request from Temple Investments, LLC ' applicant/owner, for the review and approval of the Temple Business Park Final Plat. The Final Plat proposes one (1) lot in one (1) block on 1.28 acres of property. The applicant wishes to plat the property so that they may develop a heating and air conditioning unit commercial sales facility. LOCATION: The subject property is located on North Main just to the west of the Brookwood ' Apartments, east of the Owasso Public School's 7th Grade Center, North of the Kum & Go site, and south of the Jesse Addition. EXISTING LAND USE: Undeveloped SURROUNDING LAND USE: North: Recreation Center ' South: Kum and Go, CS East: Brookwood Apartment West: The Owasso Public Schools 7th Grade Center PRESENT ZONING: ' The subject tract is zoned CG (Commercial General). DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of--way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and approved by city staff. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. ANALYSIS: The applicant is requesting the review and approval of the Temple Business Park final plat so they may plat and eventually develop the property with a full commercial sales facility. The property is zoned CG (Commercial General). The designation outlines the development standards for the property in a commercial manner. The proposed layout for the heating and air conditioning unit commercial sales use associated with the plat is allowed by right according to the zoning designation. According to the final plat, the developer would like to create one 1.28 acre lot, recognized ' as Lot 1, Block 1, Temple Business Park, which would be the proposed site of the commercial sales entity. ' The main access into the Temple Business Park will be from North Main Street. The applicant has shown a total of 100' to be designated on the site plan for ingress and egress. The 100' that is designated for ingress and egress would consist of two 50' points of access. Any development that occurs on the subject property must adhere to all subdivision, zoning and engineering requirements including but not limited to paved streets and sidewalks. Commercial sewer and water service will be provided by the City of Owasso. The property will be subject to all payback fees including Storm Siren fees of $16 per acre. The proposed plat illustrates a 17.5' utility easement on the west and north boundaries of the site, a 15' utility easement on the east boundary of the site, and an 11' utility easement on the south boundary of the site. TECHNICAL ADVISORY COMMITTEE: ' The Temple Business Park Final Plat was reviewed by the Owasso Technical Advisory Committee at their regular meeting on March 26, 2008. At that meeting, utility providers ' and city staff are afforded the opportunity to comment on the application and request any changes or modifications. The following comments were provided: Show the property owner name to the north Define the area used for the drainage easement Fire hydrants must be coordinated with the Fire Marshall PLANNING COMMISSION HEARING: ' The Owasso Planning Commission will consider the request at a public hearing on April 7, 2008. RECOMMENDATION: Staff intends to recommend Ccouncil acceptance of Temple Business Park Final Plat. ATTACHEMENTS: 1. General Area Map 2. Temple Business Park Final Plat Owasso Public«'oti~s I Departm~t EngineeringDii~. P.O. 180 Owasso, OK740~5 918.272.4959 www.citvofowasso.com TEMPLE BUSINESS PARK LOC ATION MAP ~~ Z ~~ o~ ~~~ ~°o a °a ~ ~~~pp"~j xF4 zoo :y ~ ~~~ ~ ~ 4~~ U~~ M °~m'm r~, ~1 0 0 ~:& oao oN~ y~.~ ~mZ coq W ~U o~as F o0 s =~St ~~ sa o~ N D F f U f' ~` ~ i~ a ~ ~ n ~ UC a~ n eg mps ~ z .r°oo ~nu°D ~a n6a r~ ~ w Sy ° i 3t ~ ~ a PS Wa ~ ~ ~~^i a $o~ °~WO~°$ ~w S ~ : ~ ~~~ cd$`~ ~ 3m ~~~ a ~ w IN~Q ~n E4~ ~ ~'! .___ .____~` ClF.wi `-~ !/ /~ oy - .ilrsllt I '' i / , I 4/. li I,' -- ~ ~ i I I I I / I~ ~_ ~~ ~ ' %I I ' I I / X ,' I ~~~ ~a ~ B~- ~~ ~~N ~~_ ~ I~ $~~ o ~~ z° z n~~ ~ ~~~ ~ ~~~ ~ £'~W A ~~ sa ~ i~~ ~,, w.rr :' I I -I' ~ I -- ---~ I ; ~ I , - I I - I I I' I ..x O I I I ~ O z ~ m / _~ / I ~ I I ~~ I _ _ 7 I ' ~ ~- --~_ _ _J ~ ~ ~~ - - - °~n°;~ -- Yn se. --~ ~w ~\. / ~~ ~~ _ ~ E~ 8 R f $g E ~~ ~ i• 9g 3 1~ ~ R if s ~s 8 B4 ~f a ~ Et E us E s~ ~ ~ Is ~_' i ~~ ` z a R ~~ ~ ~ ~\ \ " ~'n.'°" I \ I ;;~I\ \ I ;~ I \ \ I I \ \ I I \ \ I a \ \ I o I \ \ I I I \ \ I \~~y\ I \ g\ I ~~ \ /I \ \I I \ \I I \ I \ \G I ~~ \\ i \~ I ~s~ ~ ~~~ A \ I \ ~~ ~~ boa UNE ~4~ a °' ~ °" m a F I \ I\ 1 = I _ I I \ e I I \ ly ~ I~ r L, I~ I ~ I ~I ; ~ I ~e I I I ~ I ~t ~~ ~-----r I ~ _ ~°s~r ix. ar I ~i fJ s ~II ~'~ y~ - - I l~~~R ^ ~No UN~ yLW ~<.~ A Za 0.0 ~~ w9 i.w = a sn a~~ ~ ~ ~ ~ 3 m ~' .. - u ~~~ ,tl~y ~~ ~~~~ ~ ~ s a s~ e~ ~Eq v; M~` a ~ ~ n ~# # ~~#~ ;_5 ICI '" s ~~~ ~ q~~ ~ ~~~~ ~ a ~ a ~~ ~ C~~ ~ ~' ~~ t ~ ~~ ~ a~~~ W s ~ ~g~~~~~ ~ ~~i ~~~E ~ r # 6~gga#6$#ag#ag gg ~~~ €#" "a C~KZn~9 €S ~~~ n~~~~ ! n #~ ~y a~ #8~ ~~$_~ b ~ ~ ~ ~ ~~~~~~~ ~~ ~1 ~1~~ ~~ ~ ~ ~ ~~~~~ ~~ ~ ~ ~ ~ ~~ I ~~~~ # i~E ~~Bb § ~# # #na r k 88 ~g~+Y (i & ~ n €sa # ~5 r~iz ~~y r~g ~~En ~#~~ls ~# ~~~€ ~$ ~~~~a~ ~ ~ ~~E~~~~ ~# #~~~~. ~~~g qk ~E~ ~ ~1 p ¢ ~ ne n $ ~ ~a~e ~ J ~ n ~ @I g~~~ a~~6~ ~~~ ~~~p ~~imga ~~ ~ t4~~~~ ~~~~1~ ~ 4~E ~~~~~~~ ~~@fa @@@g`~~~GGG~~ ~~~' ~~ ~# ~ a 6 ~ ~n€ s ~~~y~~ #~ e~~~~g~ ~~ ~~ ~ ~~~~r nb~ a °~s~r~~ n#~ eg ~~~ ~Bk~~ Re~ €~#~~ n~~~pn~ y ~ ~~~~~ W~ $ ~#~~4 ~n~~gs~33~~ ~i~ ~~~#~~n ~~~ ~ # ~ ~ n# # n # g Y n s k ~ €~ i RBYr~~ ~a"kp ~~~~o ~s6#!r ~~ ~ 161a A~~. a ~, E ~ s ~~ 6ia~~e~ .€e g°@pn~q~@~ s~~ ~ #~ #~~~G #~~ ~ ##g € #gE~~ #~y~~~~ ~#~ a ~F~C`~ #~~~~~ ~ E~~~~~~3~a ~`aa }iEZ F ~zz :~ .,#~nE .+~s~ .n4 0 -a~n <HdS c~ W #! Esd . 4 #~ n s <1 ~ 1~ f<€nE€S~E ~€~r ~ - ~~ z~z€~~g~ ~~n ~ n ~$~g°eps ~ ~ B~r~61~# ~z6~ ~~ ~~~#~Gl~Eg span ~ ~ ~~~~ ~a ra k s I n a s a . bi ~3 #y~nn~ o ~ g# ~5~~~. ~a~ ~r~~5~~~#~ ~ n~€ ~~ ~~~ ao in€~~i & e nY< ~~a € ~ s i ii ~a a R ~ ~ S a~ ~ n# ~E ~ EgnE~# e~ ° g~#n a ~# 5~ ~#~ ~r4a as i r ~ 9 gE °g z~k ~~~~~n~#~ #~# # t '~ " w~= a ~ s ~~ ~~aE a€~ ~ a ~~~ €~~~ [ E ~ #z E g $¢ Y r i gg 1 # r E' e ~ €p. ~ #e ~ ~-~~ ~e€ ~ ~ ~E ~e~ ~~ n#3# ~~3~ ~~ ~~~$b~e ~~g9 ~ e "~~~##n ~€ ~ ~ -~ Y g~~g € ~ ~ e . z r ~ ~ 5 r~,~ t6~ ~~aE@B @€~`& `g~ 3 ~n8 ~e a~~ @pp ~ g ~r Y i~e9pppBas{ds4 n ~€ ~ ' # yg4r! BBB6Cne o z ~~ ~9~#~"~ #@~ ~ ~ 3m~d~~g~ ~~€~ta ~,r~ ~~~~#~G~e ~9~~~i~#~ ~~~§~'yEaY ~~e~~~n ®~' ~~~k~~~ ~~$ ,~~ ~~~ . ~zz~~~~z4~~~3 ~~~~ ~~~~~.~z~ m _~i~~~,z~z ~~z~~s~~~~ .~n~~d . azn .sz MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: FINAL PLAT, VILLAS AT STONEBRIDGE DATE: Apri13, 2008 BACKGROUND: The City of Owasso has received a request from the Sooner Traditions, LLC, applicanbowner, for the review and approval of the Villas at Stonebridge Final Plat. The Final Plat proposes thirty-eight (38) lots in one (1) block on 4.9952 acres of property, located on E. 76th Street North and approximately 1/3ra of a mile east of N. 129th Avenue East, immediately west of the Crown Colony subdivision. The applicant wishes to plat the property so they may develop attached single family residential dwelling units (townhomes). EXISTING LAND USE: The subject tract is currently undeveloped. SURROUNDING LAND USE: ' South: Single Family Residential, Zoned RE (Residential) East: Crown Colony Addition, Zoned RS (Single Family Residential) ~ West: Single Family-Residence, Zoned AG (Agriculture) PRESENT ZONING: The subject property is zoned OPUD-07-02. DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that maybe development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of--way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and approved by city staff. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. ANALYSIS: The applicant is requesting the review and approval of the Villas at Stonebridge final plat so they may plat and eventually develop the property with attached Single Family Residential Homes (Townhomes). The property was rezoned on January 15, 2008 to a Planned Unit Development Number 07-02 Zoning District to facilitate the proposed use. The designation outlines the development standards for the property in a single family residential manner. The proposed layout for the attached Single Family Residential (Townhomes) use associated with the plat is allowed by right according to the zoning designation and the Planned Unit Development. According to the final plat, the developer would like to create thirty-eight (38) attached single family residential (townhome) lots on 4.9952 acres of land, in one block. The main access into The Villas at Stonebridge will be from East 76`h Street North. The applicant has shown a total of 114' feet to be designated for ingress and egress, and this includes two points of access. The point of access on the west is recognized as the entrance to the subdivision and has a total of 53' designated for ingress. The point of access on the east side of the tract is recognized as the exit and has a total of 61' designated for egress. The proposed plat illustrates a 20' utility easement in the front of the lot and a 17.5' utility easement in the rear. In addition to the front and rear easements there are 5' utility easements located on the sides of each structure. In addition to the existing utility easements displayed on the final plat, AEP/PSO requested that an additional 10'utility easement be dedicated along the front of Common Area "F" in order to loop their service lines around. There are several common areas identified on the Final Plat of the Villas at Stonebridge. Common areas "A", "B", and "C" are located in the center of the property. These common areas will contain parking spaces, sidewalks, and green space. Common Areas "D" and "E" are located on the northern end of the property on either sides of the point of access and will contain green space and perimeter fencing. Common area "F" is located in the southeast corner of the property and contains a dry detention pond that will serve as the properties main drainage facility. Any development that occurs on the subject property must adhere to all subdivision, zoning and engineering requirements including but not limited to paved drives and storm water detention. Sewer service and Water service will be provided by the City of Owasso. The property will be subject to all payback fees including Storm Siren fees of $16 per acre, and a sanitary sewer fee of $1,580.00 per acre. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the final plat at the March 26, 2008 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and/or concerns. The Technical Advisory Committee recommended approval of the Villas at Stonebridge Final Plat with the following conditions: • Re-dimension the common area curbs ~ Assign street numbers to individual lots • Show a utility easement looping around the south of the street. • Show a 10' utility easement behind the curb ~ Show the hydrants on the east and west side of the street • Show the parking spaces within the common area • Include language stating that the HOA maintains the common areas, which would include all of the paved areas and the pond. PLANNING COMMISSION HEARING: The Owasso Planning Commission will consider the request at a public hearing on Apri17, 2008. RECOMMENDATION: Staff intends to recommend Council acceptance of Villas at Stonebridge Final Plat. ATTACHMENTS: 1. Case map 2. Final plat of Villas at Stonebridge i, QAKS l!l i_ I COPPER- MEADOWS,_ - -- Q ~~. W COPPER MEADOWS lL r !'~'f __ . ... __ _ ; PROJECT ~ L4CATI~IN ,/ GRACELAND // ACRES ~ -- _ f ~ ~ Z ~ E 76TH ST N ~~ _ _ __-__ " ___ ___ ___ __ / '~ -CROWN PEN/X COLONY PLACE OKLAHOMA ~ TiST ACRES ~ /~ /' - --. BAP / j ~ , i _" CROWN COLONY l! ~ _ '-- o, Owasso PuUlic ~~'orks N o Department ~TT T ~~ °' Engineering Div. 1LL ;~ Owasso OK 07=1055 AT STONEBRIDGE w E a 918272.499 LOCATION MAP S ~~-ww.citvofowasso.com ' 431Ob:':;8 J V i~ 1 oa8o o~ex~s s°e~ a ~ ~ ~ o . - = o~ >E~ e~$~~ E-`° ~ e°-` E=rod y e a =I t '+~ _°~~" E-op^' W~ 3 EE°~ - ~ i%3 `u ;'~ .1 a EE~~ ~ _mC~ ~ ~ s ¢ ~ °~~~ y~^~~~R '~s° EE=~'E N =E~e °defi$$ ~° ° °6goS -'°~£ ~' o ~ ~~ ~~~$ .o^~ eg'>z b' V .X95 g - .'~~f i 'ors °a - °~oL sue`°m R` ~ ~ o ~ ~ V _a,:=°` °= u o.$E W ~$~~ uR ~~ B Z den°o 'i ° I-&we E°- $~'aE' t~E'Fa= d S ~€~aC~ R e~E~°~SCg ~Z roofi ~E_ = Y ~° ~ .y,~ 8. o r ESWE E °en°o~'j° "~_° >6 S gb~ m=~§ yFs~g~ ~ §§ 3eQS 8~b ~ =~° 5.= sg "g'dE ?5~Y °k' & •. g ~y r„ ~p i$[ '6~° -~-4t G E maa ~_ . ~ °d ~.<<"ds~ _ S¢G° __°e g ~ ` ''spa a r «s N~ 4s ~ g~-€y - _°~~ t~3 Fly Yy ~ $'ryryE BP ;S asr ~g~~gg£ '~;i ~Y~~ ~~[ ~ ~~~£B~~i Rg89y Yq rr _s _° g '"-~ Lis ~~ ~ gT„r`d ?'e sy° 3 5~ ~~ ~88L ~ blxf C - S g4R~~E &_z.r -~~ g3~ Edo e~3~%$~~~ ~ ~ ._____=:'9c c:v~a~ _~ ~F agge- ~yay.g a3 ~a'€€-- ~~5 ae~_:. ~•s {~?{((fyy$,~ YY $8y RdAgg $$7A$E~ gL0"<CG"HC°-«L W !, d ~ ~8~9 $~~~ 9 ~u~ EE l~~~3~~ 3 ~ O - i>~ ~ x ~ ~~. E.., ------~ ~----- ~ i - --- - - -------- -------- ------- ----- ~~ i i s c ~ ~G ~ ~ ~ o,o ~ c~ 0 4 e r ~ ,, ~ a~ b ,° ~ ° ° ~ z~ a q e M ~ ~ i i .~ _ ~ ~.o _ % e' ii ~ ~----u - ~ ~' U -- ,mss .mss ma ma mss mssm- .aos~ .mtt ,mnc - m¢ .au .ma W d - --- --i r-- --- -- --i r-- --- --~ r-- --- -- --~ oa O ~~ ~~- ~ ~~- WF _Aq Fe..P `9~ I °~~°?~_?«_~a ' °'°wg=~~ I a~n=s« A4.?4 rOn 1 ~ i b - _ ~° ~~ j° - -~i n^ - _ _ ~I F Yea - - 1 F a' H ~ O. ~. O , ~ ~ZU h ~H~ w I"~ W W O ~ ~Fy ~~~ d 1 °s E~"f"~°R ~e v a°-~~~g 9 ~' 'm joeA °'~ ba ---- ~ SEE=g -~.z ~ ~ °s ~ oa;~ °E_°~Yfr ~C°° ~~p3 sap° °Y -° .8°C°E fi ~g ~E id ,°O,EECC y~~-uo EO P~=~n% E :c ` $ ~ c°>ov°i S ~ °°g °` x~°_E° sr o¢ E ~ ~ c I y~o ~ ~CoY~, Ewa. e- ~E ~fi ~ iE E °` ~ E`~ ~` Ey o~~ G 'S ° 8 ° °_ _ F S°€e ~°°P5 G y °g~`C _ u ~°x L.: '• ° m soa5a b '°ag°; °PS u u~FE< i °~ 5 [ N o v. ~ ~ a " %y d Oa 8 15 sR€ c ~3~E `e°`$ CE € ~ a `cos"o ~EE =a<<~E ~o S B 8 Y cy°, ~_ MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROGER STEVENS INTERIM PUBLIC WORKS DIRECTOR SUBJECT: FIRE STATION N0.3 WATERLINE EXTENSION PAYBACK AGREEMENT DATE: Apri14, 2008 BACKGROUND: Subsequent to the beginning of construction of Fire Station No. 3 on the west side of 145th East Avenue between 96th Street North and 106th Street North, Public Works staff determined that the site was inadequately served by both potable water and sanitary sewer infrastructure. Existing potable water infrastructure consists of piping that was in place when the City assumed control of the system from Washington Co. RWD #3 and is inadequate to provide service to the new fire station while maintaining fire protection to the nearby residences. Following a review of alternatives by engineering staff, a recommendation was made for the construction of new distribution piping, complete with fire hydrants and appurtenances, to serve the station. In addition, and as an alternate, a recommendation was made for the construction of additional distribution improvements to upgrade service to the surrounding area. While not required to provide service to the fire station, this work would increase the level of service to existence residences, enhance fire protection resources and provide additional capacity for future development of the area. Design documents were completed in May 2007 and Bid Notification was published in the Owasso Reporter. A total of three bids were received. In June, Council awarded a contract in the amount of $317,935 to MSB Construction of Tulsa, Oklahoma for this project including the alternate bid. The price for the Base Bid was $129,390, while the price for the Alternate Bid project was $188,545. After a final inspection in January of this year, as well as completion of all items identified at that final inspection requiring correction, Public Works staff presented a request for final payment based on a reconciliation of all actual quantities provided under the unit price contract. Council approved a final payment of a revised contract amount of $235,266 which includes a revised Base Bid amount of $78,001 and a revised Alternate Bid amount of $157,265. Fire Station No. 3 Waterline Extension Possible Payback Agreement Page 2 of 4 PAYBACK AGREEMENT: Owasso Public Works Authority infrastructure serves as a network of facilities to provide for the distribution of potable water and collection/treatment of wastewater within the municipal service area. Any infrastructure construction within the service area enhances this network; either by providing improved connectivity within the network or by providing a node or terminus from which the network can expand into new areas. The City of Owasso and the Owasso Public Works Authority have often recognized the construction of new infrastructure as a cooperative venture between the Authority and the development community. These ventures can take the form of a "payback agreement" for the construction of improvements to the infrastructure systems. A "payback agreement" is an effective tool that offers a method for developers to recover a portion of the initial cost of an improvement or expansion to the City's infrastructure systems (generally, but not limited to, the water or wastewater systems). Most often, one of the prerequisites fora "payback agreement" is that the expansion or improvements to the system are required by the City to serve an area larger than the initial property to be developed. Thus, in effect, the initial developer is constructing or expanding an infrastructure system that will eventually serve other developers or other properties and increase the property values of the area served. By allowing a "payback agreement", the owners or developers of those properties to be benefited would be required to "reimburse" the initial developers fora "pro-rata" share of the initial cost of the improvements. Properties in the newly created service area are not required to pay any portion of the "pro-rata" costs unless, and until, their property is actually connected to the system. These "pro-rata" costs are based on the cost of the enhanced capacity in excess of the specific requirements of the initial development divided by an appropriate unit of capacity which can be applied to future development -for example acres of drainage basin, service connections or gallons per day. Typical "payback agreements" are created between the initial developer of the infrastructure and the Public Works Authority; but there is no reason why the Authority can not create its own payback districts or areas for projects which serve to expand public infrastructure into new areas or which serve to create or enhance development opportunities. These projects should be large enough to enhance a local portion of the system in more ways than improved service for existing connections and yet small enough that they cannot be viewed as a city-wide capital responsibility. Ideally, the projects should not be so small that the potential "pro-rata" share of the cost of improvements is large enough to serve as a disincentive to development. PAYBACK AREA: All of the developed parcels surrounding the Fire Station No. 3 site are currently served potable water by the Owasso Public Works Authority. The Base Bid project served to provide sufficient capacity and pressure to the site as well as enhance both domestic and fire service capacity to the City View addition. The Alternate Bid project served to enhance connectivity in City View as well as the First Baptist Church of Owasso site and the small subdivision along North 136th East Avenue. in addition to these areas, the Alternate Bid project provided new service to three parcels previously not served (or served to a limited extent) by the Authority. These parcels Fire Station No. 3 Waterline Extension Possible Payback Agreement Page 3 of 4 include two tracts with frontage on the service road: a 35.65 acre parcel in the NE '/4 of the SW '/4 of Section 16 and a small triangular tract of 2.61 acres adjacent to the southwest. In addition, a 23.30 acre parcel in the N % of the SW '/4 of the SE '/4 would have been eligible as a payback area; however, the City exchanged service privileges for this property for a utility easement along the north boundary. The remaining parcels make up the proposed 38.26 acre payback area. POSSIBLE PROJECT COSTS: The completed Base Bid and Alternate Bid projects serve as the only construction necessary for the creation of a payback area. Additional water line construction required to meet the specific development needs of each site would typically be the sole responsibility of the developer and be designed and constructed at the site development stage of the project. No additional City of Owasso or Owasso Public Works Authority funding is necessary. FUNDING: Parties receiving benefit as a result of the Fire Station No. 3 Waterline Extension include the City ofOwasso/Owasso Public Works Authority, as the original "developer" of the fire station infrastructure, the residents of City View and the other developed areas in the vicinity, and the potential developers of the remaining undeveloped property. The "value" of the payback agreement depends on the cost of those portions of the project which contribute to "excess capacity" relative to the cost of the project components specific to the design goals of the project. In making this determination, several factors should be considered: ~ • 100% of the Base Bid project costs - $78,001 -are associated with specific project goals or enhancement of existing service areas and should be excluded from the payback agreement. • The remaining Alternate Bid project costs - $157,265 -are associated with enhancing the level of service for existing homes, improving fire protection resources and providing additional capacity for development of the parcels identified in the payback area. How these costs are allocated determines the value of the payback agreement. • Although the undeveloped parcels are only 23% of the property adjacent to and served by the Alternate Bid project, the value they accrue because of the construction could be considered to be more than this percentage because they have not been served previously. • Staff believes a 50/50 allocation of these assets to existing services and new development to be a fair distribution. 1 1 Fire Station No. 3 Waterline Extension Possible Payback Agreement Page 4 of 4 RECOMMENDATION: Unless concerns are expressed by the Council, staff intends to recommend the creation, by ordinance, of a payback area associated with the construction of the Fire Station No. 3 Waterline Extension. Staff recommends $78,632.50 be determined as the value of the payback (50% of the Alternate Bid project cost total of $157,265). These costs should be recovered on a "per acre" basis from any development in the previously undeveloped tracts in the vicinity - 38.26 acres in all. This would result in a proposed unit cost for the payback area of $2002.94 per acre. The total payback fee for the 35.65 acre parcel would be $71,404.83, while the total costs for the 2.61 acre parcel would be $5227.67. ATTACHMENTS: A. Location Map Owasso Public Works Department Engineering Div. P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com FIRE STATION #3 WATERLINE EXTENSION - POSSIBLE PAYBACK AREA LOCATION MAP N W E S oa/os/oe MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROGER STEVENS INTERIM PUBLIC WORKS DIRECTOR SUBJECT: FIRE STATION N0.3 SANITARY SEWER EXTENSION PAYBACK AGREEMENT DATE: Apri13, 2008 BACKGROUND: Subsequent to the beginning of construction of Fire Station No. 3 on the west side of 145th East Avenue between 96th Street North and 106th Street North, Public Works staff determined the site was inadequately served by both potable water and sanitary sewer infrastructure. Following a review of alternatives to improve the infrastructure, Public Works staff recommended the construction of an 8-inch sanitary sewer line in order to connect to the existing sanitary sewer infrastructure located in the Coffee Creek subdivision approximately 500 feet north of Fire Station No. 3. The project was initially bid in early June 2007; however, only one bid was submitted and Council voted to reject that bid in July. A revised bid package was advertised in mid-July and a total of four (4) bids were received. Council awarded a contract in the amount of $61,520 to MSB Construction in August. After final inspection of the construction project in January, as well as the completion of all items identified at that inspection requiring correction, Public Works staff presented a request for final payment based on a reconciliation of all actual quantities provided under the unit price contract. Council approved a final payment of a revised contact in the amount of $50,430.00 during its regular meeting of February 4, 2008. POTENTIAL PAYBACK AREA: Although the primary design goal of the Fire Station No. 3 Sewer Extension project was to provide the project site with a suitable connection to the existing sewer system, the project also met an additional requirement of providing an effective point of connection for future sanitary sewer systems. However, the project's location both topographically and relative to previously developed property limits its usefulness as a point of future connection. The most easily identifiable beneficiaries of the project are the three properties to the north of Fire Station No. 3 along the 145th Street frontage. These properties are not part of a potential payback area because they were granted sewer connections during right-of--way negotiations for the project. Some portions of both Pinebrook Crossing and Highland Terrace, previously Fire Station No. 3 Sanitary Sewer Possible Payback Agreement Page 2 of 2 developed subdivisions in Rogers County east of the project across 145th East Avenue, will drain to the new sewer; but neither area will entirely drain to the new connection and both could as easily drain to the sanitary sewer system of Coffee Creek I and II where connections are available either without charge or as part of the Elm Creek Payback Agreement (depending on the interpretation of that agreement). A third subdivision developed under Tulsa County jurisdiction, City View, is also within drainage basin. As is the case with the previously mentioned Pinebrook Crossing and Highland Terrace subdivisions, City View could also drain to the new sewer and/or to the sanitary sewer system of Coffee Creek. Additionally, an extension, if constructed at a sufficiently shallow slope, will serve portions of Section 16 including undeveloped portions of the NE '/4 of the SW t/4 (this property has a western boundary along the East Owasso Expressway) and the N '/2 of the SW '/4 of the SE t/4 as well as the 8 lots of the small subdivision along North 136th East Avenue. Although the developed and non-developed property will drain to the new Fire Station No. 3 project, the cost to construct such infrastructure would be much less by connecting to the existing First Baptist Church of Owasso's sanitary sewer line extension. STAFF COMMENTS: In conclusion, after a thorough analysis of the possible pay back area(s), the drainage basin has many options where connections are available without charge. Thus, staff believes the development of a payback agreement for the Fire Station #3 project would be unproductive. ATTACHMENTS: A. Location Map -- ii ~~~t ~~ ~. '~' i ~ i~Jl~y µ { ZKM~' ~' ~~ K ~ C3l.~IN-MUR ~ ,~ ~,. !~ ,f +t -~~ ~ :~ ~1 s ,, r .!~J ':~ i ,. a,~ 1y a i Owasso Public Works Department Engineering Div. P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com FIRE STATION #3 SANITARY SEWER EXTENSION -POSSIBLE PAYBACK LOCATION MAP - -1 'RNE ~1 ~,a 1 TE,~ +:: -:' :.y. .i~~ ,7 N W E S 03/31/08 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROGER STEVENS INTERIM PUBLIC WORKS DIRECTOR SUBJECT: N. GARNETT REGIONAL DETENTION (PHASE I) - 60" STORM SEWER ACCEPTANCE AND AUTHORIZATION FOR FINAL PAYMENT DATE: Apri14, 2008 BACKGROUND: The 2005 Stonnwater Master Plan proposes the construction of a sizeable regional detention facility in Ranch Creek Tributary A drainage basin upstream of the Birch Street culvert in the Ator Heights sub- division. The purpose of this facility is to provide mitigation storage to remediate undersized culverts in Ator Heights and areas downstream and to provide regional detention capacity for potential and existing commercial property upstream in the vicinity of the 96`" and Garnett intersection. During its regularly scheduled meeting of August 21, 2007, Council approved an Engineering Services Agreement with Meshek and Associates for a sum not to exceed $150,000.00 for the preparation of preliminary and final design and the preparation of construction drawings and specifications for the Garnett Road Regional Detention Facility and associated upstream drainage improvements. The 96"' Street North and North 1215Y East Avenue 60" Storm Sewer project represents Phase I of the regional detention project and provides for the transfer and conveyance of the developed runoff from "The Center at Owasso" to a point on Ranch Creek Tributary A immediately downstream of the 96`" Street North cross drain, south of the Tulsa Teacher's Credit Union. The project provides for the construction of 425 lineal feet of 60" reinforced concrete pipe and associated structures including a junction box and headwall. Preliminary drawings for the project were submitted for Public Works review during September and October 2007. Final drawings were submitted on October 31, 2007, and approved on November 2, 2007 by Owasso Public Works. Phase I of this project was advertised in November 2007 with a public bid opening occurring on November 26, 2007 with seven general contractors submitting bids. On December 4, 2007 Council awarded a contract to McGuire Brothers Construction of Sapulpa, OK for this project in the amount of $145,930. A notice to proceed was issued for January 21, 2008 with a final completion date of April 4, 2008. N Garnett Regional Detention (Phase I) - 60" Storm Sewer Acceptance and Authorization for Final Payment Page 2 of 2 FINAL INSPECTION A fmal inspection by city personnel occurred on March 21, 2008 and all items identified as needing correction on a final punch list have been completed. FUNDING SOURCE: Funding for the project has been allocated under FY 2007-2008 Stormwater Management Fund. RECOMMENDATIONS: Staff recommends Council acceptance of the N. Garnett Regional Detention Phase I - 60" Storm Sewer project and approval for final payment in the amount of $20,003.80 for a final contract amount of $130,490.50. ATTACHMENT: A. Project Location Map B. Ovemu~/Underrun Schedule C. Final Pay Request v OLL O ~~ •~ O ~^~ Y W ~^~, W O •~^, W 1 NO Y~ ® A~,~ W V North Garnett Regional Detention (Phase 1) 60" Storm Sewer Overrun/Underrun Schedule Quanity Descritpion Unit Unit Cost Adjustment Total Adjust Manhole to grade EA $1,000.00 -1.00 -$1,000.00 OVERRUN SUBTOTAL -$1,000.00 Temporary Slitation Screen LF $3.00 600.00 $1,800.00 Solid Slab Sod SY $2.50 533.00 $1,332.50 Seeding Method A ' (Hydromulch) AC $2,000.00 800.00 $800.00 Project Allowance LS $15,000.00 12507.00 $12,507.00 ' UNDERRUN SUBTOTAL $16,439.50 TOTAL PROJECT UNDERRUN $15,439.50 APPLICATION AND CERTIFICATE FOR PAYMENT PAGE 1 OF 4 ~ TO: CITY OF OWASSO Contract Date: 01/09!2008 111 NORTH MAIN Owasso, Ok 74055 Application Date: Period To: 3/3/2008 TO 3/14/2008 FROM: McGuire Brothers Construction, Inc. 8415 S. Regency Drive Application Number: 2 FINAL Tulsa, Ok 74131 Distribution To: Owner Architect PROJECT: CITY OF OWASSO Contractor 96TH STREET NORTH & NORTH 121ST EAST AVENUE 60-INCH STORM SEWER Engineer CONTRACT FOR: JOB NO. 200747 CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. Continuation sheet is attached. 1. Original Contract Sum ?. Net Change by Change Orders 3. 1. i. Contract Sum to Date (Line 1 & 2) Total Completed & Stored To Date (Column J+L On Continuation Sheet) Retainage: a. of Completed Work (Column O On Continuation Sheet) -Final b. of Stored Material (Column J on Continuation Sheet) Total Retainage (Line 5a & 5b) 6. 7. s. a Total Earned Less Retainage (Line 4 less Line 5 Total ) Less Previous Certificates for Payment CURRENT PAYMENT DUE Balance to Finish, Plus Retainage (Line 3 less Line 6) $145,930.00 $0.00 $145,930.00 $130,490.50 $0.00 $0.00 $130,490.50 $ 110,486.70 $20,003.80 $15,439.50 CHANGE ORDER SUMMARY: PAGE 2 OF 4 ADDITIONS DEDUCTIONS Change Orders approved in previous months by Owner TOTALS Approved this month Number Date Approved TOTALS $ - $ - Net Change by Change Orders $ _ The undersigned Contractor certifies that the best of the Contractor's knowledge, information, and belief, the Work covered by this Application for payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. CONTRACTOR: ~1 r~ BY: ~(~°.,,-. / ' ~ ~ Date: STATE OF OKLAHOMA COUNTY OF CREEK SS Subscribed and sworn to before me this 14TH day of MARCH ,loos (SEAL) Nota Public CITY OF OWASSO 96TH STREET NORTH & NORTH 121ST EAST AVENUE 60-INCH STORM SEWER ARCHITECT'S /ENGINEER'S CERTIFICATE FOR PAYMENT PAGE 3 OF 4 In accordance with the contract documents, based on on-site observations and the date comprising the above applications, the Architect/Engineer certifies to the Owner that the best of the Architect's/Engineer's knowledge, information, and belief, the work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the amount certifed. AMOUNT CERTIFIED $ (Attached explanation if amount certified differs from the amount applied for.) ARCHITECT /ENGINEER: ssa ~ ~ ~ l_~~ ~Jo rr_u_S Ii 7 ~' 03 2~ o By: - Date: ~ This certificate is not negotiable. The AMOUNT CERTIFED is payable only to the Contractor named herein. Issuance, payment, and acceptance of payment without prejudice to any rights of the owner or Contractor under this Contract. 1 CLAIM OR INVOICE AFFIDAVIT STATE OF OKLAHOMA COUNTY OF CREEK PAGE40F4 The undersigned (Architect, Contractor, Supplier, Engineer, or Supervisory Offical), of lawful age being first duly sworn on oath says that this (Invoice, Claim, or Contract) is true and correct. Affiant further states that the (work, services, or materials) as shown by this Invoice or Claim have been (completed or supplied) in accordance with the Plans, Specifications, orders, or requests furnished to the Affiant. Affiant further states that (s)he has made no payment, nor given, nor donated, or agreed to pay, give, or donate, either directly or indirectly, to any elected official, officer, or employee of the State, County, or City of money or any other thing of value to obtain payment for the award of this Contract. ~~,-, ~ ~` Contractor or Supplier Subscribed and sworn to before me this 14TH day of Architect, Engineer, or other Supervisory Official Subscribed and sworn to before me this day of Notary Public Commission # ,2005 My Commission Expires: NOTE: Strike out words not appropriate and sign appropriate signature line. Architect, Engineer approval is not required for Contractor or Supplier Affidavit. CITY OF OWASSO 96TH STREET NORTH 8 NORTH 121ST EAST AVENUE 60-INCH STORM SEWER MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY ASSISTANT CITY MANAGER SUBJECT: FIRE STATION #3 SLAB UPDATE DATE: Apri14, 3008 BACKGROUND: At the February work session conducted at Fire Station #3, staff alerted Council to concerns it had regarding visible cracks in the concrete slab within the apparatus bay portion of the station. At that time, staff reviewed steps it had previously taken to receive assurances that the cracking was cosmetic in nature and did not affect the strength or life expectancy of the facility. As the cracks became more numerous, staff contracted with a third party engineer to review the slab. Mr. Larry Vorba with the firm of Cyntergy AEC of Tulsa, Oklahoma conducted his first meeting with staff on February 13, 2008 to review his initial findings with staff. Mr. Vorba determined at that time that the questions and concerns posed by staff certainly were justified given the visibility and number of the cracks in the bay, and reviewed pertinent information prior to the pouring of the slab (soil conditions, weather conditions, the time between the pouring of the slab and the tensioning of the slab, etc.) Upon the conclusion of that meeting, Mr. Vorba conducted a meeting with all parties involved in the construction of Fire Station #3 on February 28, 2007. Attendees at this meeting included representatives from BKL, Incorporated (the architectural and design firm responsible for the design and construction documents), Crossland Construction (the general contractor), StressCon (the sub-contractor responsible for the pouring and tensioning of the slab), and City staff. The meeting climate was one of cooperation by all parties with everyone around the table in agreement that the slab was certainly unsatisfactory in appearance and understanding that the City wanted a final product that would not only be structurally sound, but also one representative of what was promised its citizens. As a result of the discussions that occurred at that meeting, Mr. Vorba and Ms. Loeffler of BKL, agreed to review engineering calculations as they relate to the required thickness of a concrete slab that is tensioned as well as the calculations for the amount of weight the slab should be capable of supporting and the weight and load produced by fire apparatus. Upon review of the above, Mr. Vorba would then make a recommendation to staff regarding his findings, as well as steps to take -if any - to prevent further cracking and insure the life expectancy of the slab itself. FINDINGS: A copy of Mr. Vorba's findings, along with his recommendations, is attached for your information and review. In summary, Mr. Vorba has concluded: • The vehicle bay has not yet been subject to any vehicle loads and the cracking occurred before the building was constructed and is not a result of live or thrust loads. • The slab's specifications and design are equivalent to the strength of an 8 inch concrete paving section for heavy traffic loads. • The slab cracked before it was tensioned, but that when the tension was applied, the irregular nature of the cracks prevented them from closing. Several potential possibilities for this type of action were identified. • There are varying methods and results for calculating stresses in a slab due to truck or apparatus loading, and as a result Mr. Vorba and Ms. Loeffler recommend a load test be conducted to substantiate the calculations. Specifics on how the load test should be conducted were also identified. • If the slab is found to be structurally sound after the testing, Mr. Vorba identified measures that can be taken to address the appearance and long term maintenance challenges presented by the cracks through consulting Concrete Services Corporation and a sealant product company representative. RECOMMENDATION: Unless concerns are expressed by the City Council, staff is currently in the process of scheduling the load tests for the concrete slab at Fire Station #3. Providing the load test is found to not be problematic, staff will initiate discussions with all parties involved with addressing the sealing of the cracks. Mr. Vorba will be attending the Council meeting on Tuesday evening to answer any additional questions you may have. CYNTERGY A.~C .IRCNlT PCTUR F-F.NC.1N£fR1NC CONSTRUCTION April 1, 2008 Mr. J. B. Alexander Project Manager City of Owasso Public Works Department 301 West Second Avenue Owasso, OK 74055 RE: Fire Station No. 3, Dear Mr. Alexander. Follow!ng our meeting on February 28, 2008, BKL and Cyntergy AEC exchanged calculations concerning the structural design of the vehicle bay slab of Fire Station #3. Kim Reeve, A.I.A. and Stacy Loeffler, P.E. of BKL met with Larry Vorba, P.E. of Cyntergy and Rodney Bratcher, P.E. of Stress Can on March 5, 2008. Based on our discussions at both meetings, it is apparent that the vehicle bay slab has not yet been loaded and the slab cracking has occurred before the metal building was constructed. The cracking therefore does not appear to be caused by either live loads or thrust loads imposed by the building moment resisting frames. Subsequent discussions with Terracon indicate that it is unlikely that center lift could have occurred within the one or two days that it took the slab to crack. Our joint review of BKL's and Cyntergy's calculations as well as subsequent calculations indicate that the slab, if constructed according to plans and specifications, would be equal in strength to the 8 inch concrete paving section specified by Ten'acon for heavy traffic loads for the project. A detailed explanation ~of the structural investigations is below. The consensus of Cyntergy and BKL is that the slab cracked before it was tensioned but when the tension was applied the irregular nature of the cracks prevented them from drawing up after tensioning. This may be due to debris within the crack, the top of the slab shortening more than the bottom of the slab due to shrinkage, or the roughness of the surface of the crack not meshing completely with the opposing surface at the time of tensioning. An additional cause of the cracks could be Restraint To- Shortening (RTS} cracks as explained in PTI Tech Note Issue S, August 1995 (attached}, Structural Design: Using the Post Tensioning Institute Manual 6)h Ed section 11.3.2 "Design of Type III (heavy duty) Slabs" to find the equivalent thickness for a post tensioned slab-on-ground relative to the conventionally reinforced 8" section recommended by Terracon, we found that the required thickness would be 5.84 inches assuming bath sections are designed to rest on the same subgrade. The post tensioned slab was actually designed to rest on a 6" aggregate base and three feet of compacted engineered fili. The recommended 8" conventionally reinforced slab was designed to rest on 12" of compacted engineered fill or 8" of modified subgrade so the estimation would be conservative. Terracon agreed that a comparable post-tensioned slab design would be acceptable but did not provide the comparative design. The!r select!on of an 8" conventionally reinforced slab {or equivalent post-tensioned slab} was based on the historical success this section has exhibited for heavy loaded paving. The design guides for estimating stresses caused by five loads on slabs-on-grade are varied in approach and complication as are the recommended factors of safety, values for modulus of rupture and incorporation of post tensioned stresses. The load moment caused by the Owasso Fire Truck's 33.5K axle load was calculated by using expressions developed by Westergaard for both edge and inferior CYNTERGY AEC„, 3205ou1h 8oslon 12thFloor Tulsa, OK 74103 918- 877-6000 Fax 918.877.4000 locations. Corresponding factors of safety of 1.83 and 1.08 were obtained when compared to the cracking moment for the slab. Industry publications recommend factors of safety ranging from 1.3 to 2 in post tensioned slabs. Due to the variation in methods and results for calculating stresses in the slab due to truck loading, Cyntergy and BKL recommend a load test be conducted to substantiate the calculations. Load Testing: It is the recommendation of Cyntergy and BKL that the slab be tested under the real loadings of the heaviest fire truck to be housed in the facility. Although, we have not found standard test procedures for this type of in-situ testing, we recommend a load test as follows: 1. Driving the truck through each truck bay ten times while observers witness the action of the slab under loading. 2. Parking the truck for 24 hours in each truck bay and monitoring the effects of sustained loading either by measurement or visual inspection. Sealing the Cracks: Even if the slab is found to be structurally sound after all testing, the cracks are an appearance and perhaps a long term maintenance issue. We have discussed recommendations for sealing the cracks with Crossland Construction and Concrete Services Corporation (a company that specializes in concrete crack repair) as well as the SIKH products representative, William Light and recommend the following products for consideration: Sikadur 55 SLV crack sealer. This is an epoxy product that wi[I fill the crack permanently and should not require future maintenance. This low viscosity/high strength crack sealer can be applied in one of iwo methods: 1. It can be applied directly and specifically to the cracks by routing them out and pouring directly in to the crack or applying calk beads along either side of the cracks to contain the sealant within the crack width. 2. It can be broadcast on the slab surface allowing it to pool over the cracks and soak in. If the Sikadur 55 SLV is contained to the crack width as in method 1, no coating of the slab is necessary for structural or safety reasons, however the cracks would still be evident. To hide the cracks, an epoxy paint could be used on the entire slab. If the Sikadur 55 SLV is broadcast over the crack area as in method 2, the excess product remaining on the slab would create a slip hazard and the area would have to be shot blasted or treated with a sand broadcast to roughen the surface. If sanded, SIKH is recommending Sikafloor 261-System 3 as a sand broadcasting surtace and then coating with Sikafloor Polythene UV. This combination would hide the cracks as well. Manufacturers literature for these products is attached. In either event, Cyntergy and BKL recommend that the City consider sealing the cracks using Sikadur 55 SLV prior to load testing. Sincerely, Q~p F E S S/pN ~, ~,~ 9l ~(,~ `~~'~ LARRY LEE ``2 ~^ ~- VORBA ~' Larry Vorba, PE ~~ t°~ ,' Cyntergy, AEC 11654 ~ 4!r zd Enclosures {16) ~K~AHp~P Cyntergy Engineering, PLLC C )' N T E R G 1' AEC <<, C A ~~ 3 5 3 7 3zo5ovlh Roston Expires 6/30%~( 121hFloor Tulsa, OR 74103 91R 877 6000 Fax 91R•877~400p ~~Qc~pI:ES;;~~~~ :.- ~,~ ~ ~ STACY A, c^r ~~ LdEFf~LEfi i,-' i .~ ~r~` r cs 15858 ~ ; ~ii,•I ~ti Technical Notes Dr. Bijan O. Aalami, Editor For Professionals Engaged in Post-Tensioning Design Issue 6 • August 1995 Cracking in Ground-Supported Post-Tensioned Slabs on Expansive Soils By Ken Bondy' 1-INTRODUCTION Post-tensioned slabs are widely used as foundations for light residential construction in areas of expansive soils. Common design methods for these slabs assume an untracked section, where slab geometry and prestress forces are selected such that concrete flexural stresses under anticipated service loads are limited to a value less than the concrete modulus of rupture, and differential slab deflections are within acceptable limitsz. Post-tensioned ground-supported slabs in residential applications have the following general characteristics: • They are lightly post-tensioned with unbonded tendons. Typical - average compression levels range between SO psi (0.34 MPa) and 100 psi (0.69 MPa). ~ They contain very little bonded reinforcement. • Their cracking moment Mir is normally larger than their conventional flexural strength ~MIl, calculated with a cracked section and the internal "T-C" couple. The successful performance of many thousands of post-tensioned ground-supported slabs built over the past several decades, combined with the fact that some cracks can be found in virtually all of them, suggests that cracking is not detrimental to their structural behavior. However the unique properties of post-tensioned ground-supported slabs stated above also suggest that the ramifications of cracking must be carefully considered. This paper intends to do just that. 2 -THE STRUCTURAL FUNCTION OF GROUND-SUPPORTED POST-TENSIONED SLABS A ground-supported post-tensioned slab acts as a buffer which reduces differential deformations between the soil below and the superstructure above. The slab is designed with the capability of either resisting or spanning over moisture-induced deformations in the soil below, while still maintaining its top surface within permissible level tolerances. The degree of levelness required at the top slab surface is a function of the type of superstructure and its ability to resist differential deformations. 3 • BEHAVIOR OF POST TENSIONED GROUND-SUPPORTED SLABS Loading on ground-supported post-tensioned slabs comes from above (the superstructure loads) and below (loads generated by volume changes, swelling or shrinking, in the expansive soil). Most of the soil volume changes occur in a relatively short distance (2ft-6ft) [0.6m-1.83m] from the slab edge where the soil moisture content varies'. This distance is known as the edge moisture variation distance, em. Between the em distances on opposing sides of the slab (in the center region of the slab) the soil moisture content remains relatively constant and no significant volume changes occur in the soil. If the soil moisture content is higher at the slab edge and decreases from the slab edge inward, the edge of the slab will rise relative to the rest of the slab in a condition known as edge lift If the soil moisture content is lower at the slab edge and increases from the slab edge inward, the edge of the slab will drop relative to the rest of the slab in a condition known as center lift (more. appropriately called edge dron). The soil volume changes, combined with the superstructure loading, produce bending moments, shears, and differential deflections in the post-tensioned slab. The maximum moments occur at a distance from the slab edge known as the "(i distance:' The continuous line at a distance ~3 from the slab edge is called the "R line:' The area between the slab edge and the ~ line is called the "(i zone:' ~ is defined numericaIly (in feet or meters) as followsZ: where: __ 1 EcI ~ 12 a ES __ 1 ELI ~ 10004 ES 'Structural Engineer, President, Seneca Structural Design, Inc., Canoga Pazk, CA; Professional Member, Post-Tensioning Institute; Member, PTI Committee oa Post- TensionedSlabs on Ground =Design and Construction of Post-Tensioned Slabs-on-Ground, Post-Tensioning Institue, 1980, Chapter 6. 1:1.:.7 1::....-.. A 7 A - ~A E~ = Modulus of elasticity of the concrete, psi. (Ml'a) ES = Modulus of elasticity of the soil, psi. (MPa) I =Gross moment of inertia of the slab perpendicular to direction of bending, in'. (mm°) Typical p dimensions for post-tensioned ground-supported slabs range from Eft (1.83m) to loft (3m). Moment gradients are steep on either side of the ~ distance. The moment increases rapidly from zero at the slab edge to a maximum at the (i distance, and then falls off rapidly towards the center of the slab to a relatively small value. The central portion of the slab, an area just inside the ~ zone, is a dormant area of small moments, shears, and differential deflections. Stated simply, everything structurally significant that happens in post-tensioned ground-supported slabs happens between the slab edge and a point just inside the ~i line. The (i distance, the ~3 line, the R zone, and the dormant area are shown in Figure 1. Simplified (straight-line) orthogonal moment patterns for a typical rectangular slab plan are shown in Figure 2. LL a.. ;' m ~ Dormant -' i .Zone ' (iL i 1~'----------~-~ Llne (i Zone Slab Plan Figure 1 ~L J Slab Plan Figure 2 a -- -------------- ~ ~ I -- Ms m ~_~~ ; i ~ , ~ _a u i ~ Long Direction Momerrts ' ' o i ~ ' p L _ Line ~`-- ------ ---r- --- - - m- Q Zone Since virtually all of the structural activity in post-tensioned slabs on ground occurs within the ~ zone, it follows that cracking outside the p zone (more precisely, in the dormant area) is of negligible structural consequence. Further, except at the slab corners, the bending mode within the ~i zone is primarily one-way, generating bending stresses only on concrete planes which are parallel to the slab edge. Thus it also follows that cracks which are in the (3 zone but perpendicular to the slab edge (or the ~i line) are of negligible structural concern, since they are normal to the planes upon which bending stresses act (i.e, they are parallel to the slab "span"). By a logical process of eliminatiori, then, it can be stated shat the only crack orientation in post-tensioned slabs on ground which could have potential structural consequence is a crack within the p zone and parallel to the slab edge or the (i line. Figure 3 shows a rectangular slab plan with six crack orientations. Cracks 1 and 2 are outside the p zone (in the dormant area) and are not structurally significant. Crack 3 is in the R zone but perpendicular to the ~ line so it too is not structurally significant. Cracks 4, 5 & 6 are the crack orientations shown which have potential structural consequence since they are within the ~i zone and are either parallel to the ~31ine or have components parallel to the ~i line. LL 5 ~ 3 4 2 6 1 N J L (i Zone Slab Plan Figure 3 4 -CATEGORIES, CAUSES, AND CHARACTERISTICS OF CRACKING Two broad categories of cracking can occur in ground-supported post-tensioned slabs. These categories of cracks are caused by entirely different phenomena and have very different characteristics. They are: Cracks caused by the restraint to axial slab shortening (RTS cracks). • Cracks caused by applied loads (flexural or shear cracks). Each of these two cate ones of crackin is discussed as follows. ~ g g ~~„ 4.1-RESTRAINT-TO-SHORTENING CRACKS The most common type of cracking found in post-tensioned slabs on ground is caused by restraint-to-shortening (RTS). RTS cracking occurs when the normal tendency of apost-tensioned slab to shorten due to the effects of elastic shortening, shrinkage, and axial creep, are restraineds. In ground-supported slabs, most of the restraint to shortening is provided by friction between the slab and the supporting soil, and to a lesser degree, the "keying" action of grade beams (if any) embedded into the soil. The total shortening strain £ which occurs in a typical post-tensioned slab on ground is in the range of 0.0004 to 0.0006 in/in (mm/mm). Since compression levels are low, most of this strain consists of concrete shrinkage. Assuming a longterm concrete creep modulus of elasticity Ec of 1,500,000 psi (10,345 MPa) and a midrange value for £ of 0.0005, the tensile stress which would be developed in the concrete if shortening was totally restrained is: 6= E~£ = 1,500,000x0.0005 = 750 psi (10,345x0.0005 = 5.17MPa) For a slab with f~ of 2500 psi (17.24MPa), the concrete modulus of rupture is 7.5 2~ = 375 psi (0.625 1717 24 = 2.6MPa). Assuming an average prestress compression stress of 100 psi (0.69 MPa) on the concrete, it would require an applied tensile stress of 375+100 = 475 psi (2.6+0.69 = 2.29MPa) to crack the slab. Thus only about 63% of full restraint (475/750). [2.29/5.17] is required to produce arestraint- to-shortening crack in apost-tensioned slab on ground. This demonstrates why most post-tensioned slabs on ground contain some RTS cracks. RTS cracks have the following general characteristics, which can be helpful in their diagnosis: They occur shortly after the concrete is placed, often before the tendons are stressed. • They are independent of applied load, and occur in locations which have no direct relationship to points of maximum slab moment and shear. They are substantially vertical and penetrate the entire depth of the concrete slab. The mechanics of RTS crack formation are important in evaluating the ramifications of RTS cracking in post-tensioned slabs on ground. Figure 4 shows a freebody of apost-tensioned slab on ground of length L and with the tendons removed and replaced with the forces Fo that they. apply at the slab edges. The slab tries to shorten towads its geometric center at L/2 (every point in the slab tries to move towards point A) and that movement is resisted by frictional forces between the soil and the slab acting at the bottom of the slab. The frictional forces are expressed in terms of the resistance per unit of slab length f. U2 L/2 x oA. f Figure 4 Figure 5 shows a freebody of a portion of the slab of length x where x<L/2. The axial force acting on the concrete surface at x is: Fx=Fo-fx If Fo > fx then Fx acts in the direction shown in Figure 5 and the slab is in compression at x. If Fo < fx, however, the direction of Fx reverses and the slab is in tension at x, and the tension increases with increasing x, until x reaches L2. At some value of x the tensile force FX may reach Fr ,the force required to fail the concrete in tension, and an RTS crack will be produced at that point. x<U~ Fo -~ t--- F - F fx x- o- f Figure 5 The maximum tensile value of Fx occurs when x = L2 (the direction of the friction force reverses there). In a slab with little bonded reinforcing to distribute cracks, the fast RTS crack, if it occurs, will therefore typically occur near the geometric center of the slab. Once this first crack has developed, the slab appears as in Figure 6a, which shows the incremental friction forces which develop after the crack appears. The crack has now separated the slab into two pieces, each of length L/2, with each piece now shartening towards its own individual geometric center at points B and C. If the tensile force FX acting at B and C reaches Fr, another RTS crack will develop near B and C and the slab will then look like Figure 6b with four pieces now each shortening towards their individual geometric centers. ' Aalami, Bijan and Barth, Florian, "Restraint Cracks and their Mitigation in Unbonded Post-Tensioned Building Swctures;'Post-Tensioning Institute, Phoenix, Arizona pp 49, 1988. U2 L/2 FO .B A •C Fo 1111= ~ ~.-- --~ -~ ~--- ~.-- -~ ---~ llll~ (A) L/4 L/4 L/4 U4 Fo •D B •E A ,F C •G Fo II11= ~--- --~ ~ -.- ~-- -.- ~-- -~ III1= ~g~ Figure 6 This theory of RTS crack development is consistent with the author's observations of many post-tensioned slabs on ground. Obviously RTS cracking is influenced by many secondary factors such as slab shape, slab openings, re-entrant corners, etc., ^onetheless predonunant observed locations for RTS cracks are at or near slab centers and quarterpoints. For unusually long slabs, and slabs with exceptionally high shortening strains (for example, concrete with high water/cement ratios), cracks can occasionally be found at or near eighth points along the slab length. It can be seen that the majority of RTS cracking occurs within the center half of the slab, and RTS cracks which penetrate the p zone do so at right angles to the (3 line. In many years of observing existing post-tensioned slabs on ground, the author has never seen an RTS crack which is inside the p zone and parallel to the slab ed>;e. 4.1.1-RAMIFICATIONS OF RTS CRACKING It is concluded, then, that because of their normal orientation, RTS cracks are of no structural consequence in post-tensioned slabs on ground. This conclusion is consistent with the actual performance of existing post-tensioned slabs on ground, many of which have significant RTS cracking and are performing in a completely functional manner. 4.2 -APPLIED LOAD CRACKS When applied loads produce concrete stresses which exceed the concrete modulus of rupture, a crack is produced. If the crack is caused by direct bending stresses acting on the concrete cross- section, it is called a flexural crack. If the crack is caused by diagonal tension stresses generated by shear, it is called a shear crack. This discussion will focus on flexural cracking, however the same conclusions can be drawn with respect to shear cracking. Most post-tensioned slabs on ground are designed to limit flexural stresses to 6~ (O.S~e). Since concrete fails in tension at a stns which is normally assumed to be 7.5~ (0.6250 (the modulus' rupture), flexural cracking does not appear until the applied loa exceed design loads by about 25%. The study of applied load crac: behavior in post-tensioned slabs on ground, therefore, deals primari with their capability to sustain overloads, loads substantially excess of anticipated design loads. This study will also address ; means for evaluating the geometric functionality of the slab (s. Section 2) in the overloaded condition. Flexural cracks have the,following characteristics: • They are located at points of maximum slab moments (at or very near the R Iine). • They do not penetrate the full depth of the slab. They can be see„ only on the slab surface (top or bottom) where tension is produced by applied loads. • They are independent of the age of the concrete slab. They are only a function of applied loads. Slab behavior is elastic prior to the appearance of the first crack. This means that There is a linear relationship between applied load (or moments) and differential slab deflections. Post-crackin; behavior is a function of whether the slab is deforming in a center lift mode or an edge lift mode. The differences in behavior are discusser' below: 4.2.1- POST CRACKING CENTER LIFT BEHAVIOR In the center lift mode, the soil in the edge moisture variatior distance em shrinks away from the slab. This reduces the upward soil loading on the slab near the slab edge, and causes a small (theoretical) gap between the slab and the soil extending approximately over the em distance6. The slab, in the untracked condition, acts very much like a free cantilever with a length of ~i as shown in Figure 7. In the center lift mode, slab moments are negative (tension at'the top of the slab) and they are increased by increasing the superstructure loads. `Design and Construction of Post-Tensioned Slabs-on-Graond, Post-Tensioning I Institute. ]9R0. Finnre 49. n R 1 If soil support is ignored slab behavior would be as shown in the load-deflection curve of Figure 8. In this load-deflection curve, and in the ones which follow, the deflection is assumed to increase from zero to some maximum value and the applied loads P are those which are required to sustain the specific deflections. In Figure 8 deflection and load increase elastically until at an applied load of Per, (the load required to produce first cracking), a small additional deflection results in a drop in the slab resistance and increased rotation at the crack point. The load drops to P^, which is statically consistent with the conventional cracked section moment strength ~M^. ~M^ is developed by an internal couple between the tensile force in the tendons T and the compressive force in the concrete C. The slab then acts as a "hinge" at the point of the crack, following the applied displacement with no increase in resisting moment until the concrete fails in compression. °~ Pcr m w .n ca to o Pn 0 u_ Deflection Figure 8 In aground-supported slab, however, the full rotation required after first cracking to "unload" the slab to the load consistent with its nominal strength P^ is likely to be prevented by the soil in the R zone. After cracking, the slab rotates at the crack point. With incremental deflection the soffit contacts the soil and begins to resist the deflection. Consistent with the increased deflection and reduced slab stiffness the reactive load drops to a value between Per and P^,. Further downward displacement is balanced by the combined actions of the soil and the slab (see Figure 9). The load-carrying capacity of the slab/soil system after cracking can be equal to and even larger than the cracking load Per . ~ Pcr ~ w ~ Re5i5tance Developed ~ by Combined Action of ~ Slab and Soll ~ Pn u o ~ RcSistance Developed ~ ~ by Slab in Bending +~ u ,Y Deflection Figure 9 4.2.2 - POST•CRACKIlVG EDGE LIFT BEHAVIOR In the edge lift mode, the soil exerts upward loads on the slab edge; slab moments are positive (tension at the bottom of the slab), and the moments increase with increases in soil loading (increased swelling in the e^, distance). Increases in superstructure loading decrease the slab moments in the edge lift condition. Figure 10 shows the deformed slab shape in the edge lift mode. Figure 10 When the fast crack appears at the slab soffit at the p line, at an applied upward soil load of Pcr, the slab tries to rotate in the direction of applied soil loading (i.e., up and away from the soil). There is no significant deflection or rotation which occurs immediately after cracking as in the center lift mode, where the slab is not in contact with the soil at the time of cracking. Increased upward deflection after cracking is accompanied by soil loading beyond Per to account for loading from the superstructure. Eventually the slab concrete fails in compression at a load substantially larger than Per. The slope of the post-cracking load-deflection curve is less than the untracked slope, explained by the reduction in slab stiffness at cracking. Edge lift behavior is shown in Figure 11. Pcr 0 L = Pn ca 0 J 3 SL Deflection Figure 11 ' Design and Construction of Post-Tensioned Slabs-on-Ground, Post-Tensioning Institute, 1980, Figure 4.2, n.8. A`s ir_ the center lift mode, the slab bending in an edge lift mode can sustain loads in excess of Per after cracking because of increased post-cracking soil support and loading. 4.2.3 -RAMIFICATIONS OF APPLIED LOAD CRACKING Flexural cracking caused by applied loads has no significant effect on the strength of ground-supported post-tensioned slabs. This is true because of the increase in soil support which is mobilized after cracking occurs in the slab. The soil, in effect, provides the factor of safety which is required by code strength provisions. However, applied load ~i-zone cracking can cause excessive slab deformations which may affect the serviceability of the slab. Ground-supported post-tensioned slabs are designed to partially separate from the soil below them, either by spanning the separation or cantilevering over it. In doing this the slab must maintain acceptable deformation limits while carrying the superstructure loads from above. The slab is generally designed to accomplish this span in an uncracked state, If the slab cracks, the stiffness is reduced and the deformations aze amplified. Post-cracking deformations are cumbersome to compute. They are further complicated by the imprecise nature of information describing the condition of the existing slab, which makes a rigorous analytical evaluation unreliable. Thus, a slab which exhibits true applied load ~-zone cracking must be evaluated on an individual qualitative basis by an experienced structural engineer. The condition of the structure above the slab (distress specifically related to soil movement such as drywall or plaster cracking, door and window racking, etc.) along with the levelness of the top of the slab (with due consideration to realistic construction tolerances) provide the primary data with which the structural engineer can evaluate the performance of the slab. Other factors affect;r,g the evaluation include the age of the slab and its past history of changes POST-TENSIONING INSTITUTE in underlying soil moisture and how those changes compare to those assumed in its original design. If all of these data are determined to be within reasonable subjective limits, the slab can be considered to be functional. If not, remedial measures may be required. This description of post-cracking behavior, and the conclusions reached regarding its significance, are supported by published mathematical studiesa and by the observable behavior of post- tensionedground-supported slabs. 5 -SUMMARY AND CONCLUSIONS This Technical Note has addressed the following: • The generaIbehavior ofpost-tensioned slabs-on-ground. • The categories and characteristics of cracking (restraint-to- shortening cracks and applied loading flexural cracks) which occur in post-tensioned slabs-on-ground and their ramifications. It is concluded that most cracks inpost-tensioned slabs on ground are not detrimental to their structural function. Restraint-to-shortening (shrinkage) cracks, because of their typical orientation within the slab dormant zone, have no effect on slab strength or differential slab deflections. Flexural cracking has no effect on the strength of ground-supported slabs because of the soil support available after cracking occurs. Flexural cracking, however, can have a detrimental effect on slab serviceability by increasing post-cracking deformations. Slabs which exhibit applied load flexural cracking must be evaluated on an individual basis by a structural engineer experienced inpost-tensioned ground-supported slabs. These conclusions are consistent with the observed behavior of many thousands of post-tensioned slabs on ground built since the late 1960's, most of which have some level of visible cracking and are functioning in a satisfactory ,itanncr. °Design and Construction of Post-Tensioned Slabs-on-Ground, Post-Tensioning Institute, 1980, Figure 5.2(F) and Figure 5.4, pp.l 1-12. TecMicalNa~es ISSUE 6 ~ AUGUST 1995 1717 WEST NORTHERN AVENUE, SUITE 114, PHOENIX, ARIZONA (602) 870-7540 FAX (602) 870.7541 This publication is Intended for the use of prolessienals competent to evaluate the significance and IlmitaGons of its contents and who wll accept responslhiliry for the application of the materials it contains. The Post-Tensioning Institute reports the foregoing material as a matter of informafion and therefore disclaims any and aH responsbipty for application of the slated pdnutiples or for the accuracy of the sources other Than mafedal developed by the Institute. The Post-Tensioning Institute in puhlishing these Technical Notes makes no wananry regarding the recommendations contained herein, including wartanttes of quality, workmanship or safety, express or implied, tudher includng, but not limited to, 1m°Iied wananlies or merchanlabifiN and Emess /or a particular ar ose THE POST-TENSIONING INSTITUTE SHALL NOT BE LIABLE FOA ANY DAMAGES, INCLUDING CONSEQUENTIAL DAMAGES, BEYOND REFUND OF THE PUACHASE PRICE OF THIS ISSUE OF TECHNICAL NOTES. The incorporation by reference ar quoation of mafedal In the Technical Notes in any specifications, conlrect documents, purchase orders, drawings or job detar1s shall be done at the dsk of those making such reference or quotation and shall not subject Ne Post-Tensioning Institute to any liability, direct or indirect, and those making such reference or quotatien shall waive any claims against the Post-Tensioning InsGlute. .-./ Printed on recycled paper. PRINTED IN U.S.A. Sims 3M ©PTI 8/9i Sika Information '~ CIVII Engineering ` and _ Buildings Technigl and computer-generated specif cation components are avail- ableimmediately via fax.Call your local Sika Tech center at 1-800-933-SIKA Market: Civil Engineering and Buildings Problem: Cracked Concrete /Shrinkage Cracks Solution: Sikadur' 55 SLV If you have these typical cracked concrete problems... ~ Plastic shrinkage cracks ~ Drying shrinkage cracks ~ Porous surfaces ~ Dusting surface ~ Surface crazing ~ Structural cracks ~ Deep cracks ~ Hairline cracks ...Sikadur~55 SLV penetrates and fills even the tightest cracks due to its super low viscosity and seals the surface from water absorption and chloride ion intru- sion! Segments: Bridge Decks /Parking Decks /Floors Sikadur°55 SLV Healer/Sealer ~ Penetrates cracks by gravity down to 0.004 in. in width ~ Super low viscosity and surface tension allows for easy application ~ High bond strength, even in damp cracks ~ Prolongs life of cracked concrete ~ Improves strength of concrete surface CONCRETE RESTORATION SYSTEMS ' Sika's Concrete Restoration Systems (CRS}-a comprehensive approach to concrete repair and pro- tection. "NOT .1 U S T A S GOOD A S NEW - IT'S BETTER ! " Civil Engineering and Buildings V iso eooo:zooo 1-800-933-SIKH NATIONWIDE REGIONAL INFORMATION AND SALES CENTERS For the location of your nearest 5ika sales office, contact your regional center. NORTHEAST 201 Polito Avenue Lyndhurst, NJ 07071 Phone: 201-933-8800 Fax: 201-933-7326 MIDWEST 2190 Gladstone Court Suite A Glendale Heights, IL 60139 Phone: 630-924-7900 Fax: 630-924-8508 SOUTHERN 3778 La Vista Road Suite 300 Tucker, GA 30084 Phone: 404-315-0337 Fax: 404-315-0117 WESTERN 12767 East Imperial Hwy. Santa Fe Springs, CA 90670 Phone: 562-941-0231 Fax: 562-941-4762 Steps to Repairing Cracks In Horizontal Concrete ; ~ Thoroughly clean the concrete surface of all grease, oil, laitance, curing compounds and other foreign substances by mechanical means. 2. From pre packaged kit, mix all of Component A with Component B using a paddle and a low-speed drill. 3^ Spread epoxy onto horizontal surface with roller, squeegee, or broom. 4. Work material into substrate and allow it to pond over cracks. Give sufficient time for epoxy to penetrate cracks by gravity. 5 ~ After removing excess epoxy, leaving minimal surface film, apply light broadcast of oven-dried sand to improve skid resistance. 6^ Take cores to verify depth of penetration and bond strength of epoxy resin. Sample Details 1. Spread neat Sikadur m 55 SLV with flat squeegee, roller, or broom allowing to pond over cracked areas. 2. Let material penetrate into cracks and surrounding substrate. 3. Remove excess leaving minimal surface film 4. Apply light broadcast of oven-dried sand for skid resistance Note: For cracks greater than 1/8" wide, fill with oven-dried sand before applying Sikadur ` 55 SLV. Seal under-side of slab, when accessible, to prevent leakage of epoxy. "NOT JU S T A S GOOD A S NEW - I T' S B E T T E R I" i ~ikadu~- ° ~~ ~~~ ' ~. Product Data Sheet Edition 6.7.2006 Identification no. 389-35N NEW Sikadur 55 SLV NEW Sikadur 55 SLV Super low-viscosity, moisture-tolerant epoxy ' resin, crack healer/penetrating sealer Description NEW Sikadur 55 SLV is a 2-component, 100% solids, moisture-tolerant, epoxy crack healer 1 penetrating sealer, having a fast tack-free time to minimize downtime. It is a super low-viscosity, high-strength adhesive formulated specifically for sealing both dry and damp cracks. It conforrYts to the current ASTM C-881 and t AASHTO M-235 specifications- . Where to Use ^ NEW Sikadur 55 SLV structurally repairs cracked concrete. ^ Seals surface of interior slabs and exterior, above-grade slabs from water, chlorides and chemical attack. ^ For horizontal decks, slabs, patios, driveways, parking garages and other structures exposed to foot and ' pneumatic fire traffic. Advantages ^ Penetrates cracks by gravity down to 2 mils (0.002" / 0.05 mm) in width. ^ Structurally improves concrete surface. ^ Open to traffic in 6 hours at 73°F (23°C). ^ Super low viscosity/low surface tension for excellent penetration into cracks. ^ High bond strength, even in damp cracks. ^ Prolongs life of cracked concrete. ^ As a penetraiing sealer, NEW Sikadur 55 SLV reduces water absorption and chloride ion intrusion. t d concre e. ^ U.S. Patent No. (pending) for ultra low viscosity healer/sealer to strengthen cracke Coverage 1 gal. (3.8 Liters) yields 231 cu. in. (3,785 cm') Typical coverage is 100-150 sq. ft./gal. (2.5-3.7 m2/L) for crack healing and surface sealing. Coverage varies with porosity and surface profile of substrate. Higher porosity concrete will reduce coverage. ' Packaging 3 gal. (11.35 L) unit = 'A' = 2 gal. (7.6 L) +'B' = 1 gal. (3.8 L) Typical Data (Material and curing conditions @ 73°F (23°CJ and 50% R.H.] Shelf Life 2 years in original, unopened containers Storage Conditions Store dry at 40°-95°F (4°-35°C). Condition material to 65°-75°F (18°-24°C) before using. Color Clear, amber Mixing Ratio Component 'A' : Component'B' = 2:1 by volume Viscosity (Mixed) Approximately 105 cps Pot Life Approximately 20 minutes Tack-Free Time 40°F (4°C)* 60°F (15°C)* 73°F (23°C)* > 11 hrs. 11 hrs. 6 hrs. Tensile Properties (ASTM D-638) 73°F (23°C) 7 day Tensile Strength 7,100 psi (48.9 MPa) ' Elongation at break 10% Bond Strength (ASTM C-882) Hardened Concrete to Hardened Concrete 2 day (moist cure) 2,500 psi (17.2 MPa) 14 day (moist cure) 2,500 psi (17.2 MPa) Hardened Concrete to Steel 2 day (moist cure) 1,500 psi (10.3 MPa) 14 day (moist cure) 1,600 psi (11.0 MPa) Flexural Properties (ASTM D-790) 7 day Flexural Strength Tangent Modulus of Elasticity Shear Strength (ASTM D-732) 7 day Heat Deflection Temperature (ASTM D-648) 7 day [fiber stress loading = 264 psi (1.8 MPa) Water Absorption (ASTM D-570) 7 day (24 hou Compressive Properties (ASTM D-695) Compressive Strength, psi (MPa) 8,500 psi (58.6 MPa) 3.2 x 105 psi (2,206 MPa 5,800 psi (40.0 MPa) 110°F (43°C) r immersion) 0.60% 40°F (4°C)* 60°F (15°C)* 73°F (23°C)* 90°F (32°C)* 1 day - 320 (2.2) 1,100 (7.6) 4,800 (33.1) 3 day 2,000 (13.8) 6,500 (44.8) 8,300 (57.2) 8,000 (55.2) 7 day 7,800 (53.8) 10,400 (71.7) 10,900 (75.1) 8,300 (57.2) 14 day 9,600 (66.2) 11,000 (75.8) 11,800 (81.4) 10,000 (68.9) 28 day 11,700 (80.7) 12,000 (82.7) 12,000 (82.7) 10,000 (68.9) Compressive Modulus 7 day 3.0 x 105 psi (2,068 MPa) 'Material cured and tested at the temperature indicated. C60 'How to Use ..Surface Preparation Substrate must be clean, sound and free of surface moisture. Remove dust, laitance, grease, oils, curing compounds, waxes, impregnations, foreign particles, coatings and disintegrated materials by mechani- cal means (i.e. sandblasting). For best results, substrate should be dry, however, a saturated surface dry condition is acceptable. 'Mixing Proportion 1 part Component'B' to 2 parts Component 'A' by volume into a clean pail. Mix thoroughly for 3 minutes with Sika paddle or jiffy mixer on a low-speed (400-600 rpm) drill until uniformly blended. Mix only that quantity which can be used within its pot life. :Application To gravity feed cracks: NEW Sikadur 55 SLV is applied to horizontal surfaces by roller, squeegee or broom. Spread material over area and allow to pond over cracks. Let material penetrate into cracks and substrate. Remove excess leaving no visible _ _ _ suAace film. For cracks greater than 1 /8 in. (3 mm) wide, fill crack with oven-dried sand before applying NEW Sikadur 55 SLV. Seal cracks from underside, when accessible, to prevent leakage. A second treatment may be required on very porous substrates. Apply second treatment before broadcasting After treatment, wait at least 2D minutes at 73°F (23°C). Cover with light broadcast of an oven-dried 8/20 or similar sand. Distdb- ute evenly over the surface at a rate of 15 to 20 Ibs.l10D sq. ft. (0.7 to 1 kglmz). Allow to cure 6 hours at 73°F (23°C). Remove any loose sand and open to traffic. Consult Sika Technical Service at 1-800-933-SIKH for additional information. To pressure inject cracks: Use automated injection equipment. Set appropriate injection ports. Seal ports and cracks with Sikadur 31, Hi-Mad Gel, Sikadur 33, Sikadur Injection Gel or Sikadur AnchorFix-3/4. When the epoxy adhesive has cured, inject NEW Sikadur 55 SLV with steady pressure. Consult Technical Service at 1-800-933-SIKH for additional information. .Limitations ^ Do not thin. Addition of solvents will prevent proper cure. ^ Minimum ambient and substrate temperature 40°F (4°C). Maximum application temperature 95°F (35°C). ^ Do not inject cracks greater than 114 in. (6 mm) Consult Technical Service. ^ Minimum age of concrete is 21-28 days, depending on curing and drying conditions. ^ Sealed concrete surface may appear blotchy due to differential absorption. ^ Not designed to seal or inject cracks under hydrostatic pressure during application. ^ Not to be used as a film forming compound. ^ Material is a vapor barrier after cure. 'WARNING Component'A' -IRRITANT; SENSITIZER. Avoid direct contact. Contains modified epoxy resin and Diglyc- idyl Ether of Bisphenol A (CAS 25085-99-8). Causes eye irritation. May cause skin/respiratory irritations. Pro- longed and/or repeated contact with skin may cause allergic reaction/sensitization. May be harmful if swallowed. HMI5:H-2, F-1, R-0, PPE-C. Component'B' -CORROSIVE, IRRITANT, SENSITIZER. Contains 2,4,6-Tri(Dimethylamino methyl) phenol (90-72-2), Amines (Mixture) and 8enzyl Alcohol (100-51-6). Contact with skin and eyes causes severe burns. Causes eyelskin/respi- ratory irritation. Prolonged and/or repeated skin contact may cause an allergic reaction/sensitization. Harmful if swallowed. HMIS:H-3, F-1, R-0, PPE-D. Deliberate concentrations of vapors of 'A' and/or'B' Components for purposes of inhalation is harmful and can be fatal. !First Aid Eyes: Hold eyelids apart and flush thoroughly with water for 15 minutes. Skin: Remove contaminated clothing. Wash skin thoroughly for 15 minutes with soap and water. Inhalation: Remove person to fresh air. Ingestion: Do not induce vomiting. Contact physician. In all cases, contact a physician immediately if symptoms persist. Handling and Storage Avoid direct contact with eyes and skin. Wear chemical resistant clothing/gloves/goggles. Avoid breathing vapors. Use with adequate general and local ventilation. If ventilation is poor, use a properly fitted, NIOSH-approved respirator. Wash thoroughly after handling product. Remove contaminated clothing and launder before reuse. !Clean Up In case of spills ventilate area and contain spill. Collect with absorbent material. Ventilate area. Avoid contact. Dispose of in accordance with current, applicable local, state and federal regulations. Uncured material can be removed with approved solvent. Follow solvent manufacturer's instructions for use and warnings. Cured material (when component'A' combined with Component'B') can only be removed by mechanical means. KEEP CONTAINER TIGHTLY CLOSED KEEP OUT OF REACH OF CHILDREN NOT FOR INTERNAL CONSUMPTION FOR INDUSTRIAL USE ONLY CONSULT MATERIAL SAFETY DATA SHEET FOR MORE INFORMATION Sika warrants this product for one year from date of installation to be free from manufacturing defects and to meet the techni- cal properties on the current Technical Data Sheet if used as directed within shelf life. User determines suitability of product for intended use and assumes ail risks. Buyer's sole remedy shall be limited to the purchase price or replacement of product exclusive of labor or cost of labor. NO OTHER WARRANTIES EXPRESS OR IMPLIED SHALLAPPLY INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE. SIKA SHALL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR SPECIAL OR CONSEQUENTIAL DAMAGES. SIKASHALL NOT BE RESPONSIBLE FOR THE USE OFTHIS PRODUCT INA MANNER TO INFRINGE ON ANY PATENT OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS HELD BY OTHERS. Visit our website at www.sikausa.com 1-800-933-SIKH NATIONWIDE Regional Information and Sales Centers. Far the location of your nearest Sika sales office, contact your regional center. Sika Corporation Sika Canada Inc. Sika Mexicans S.A. de C.V. QUALITY 201 Polito Avenue 601 Delmar Avenue Caretera Libre Celaya Km. 8.5 r r Lyndhurst, NJ 07071 Pointe Claire Coregidora, Queretaro ~ Phone: 800-933-7452 Quebec H9R 4A9 C.P. 76920 A.P. 136 - r ~ Fax: 201-933-6225 Phone: 514-697-2610 Phone: 52 42 25 0122 Fax: 514-694-2792 Fax: 52 42 25 0537 ~ CHI E V E MEND Ouallty Certiflpdon Numbers: Lyndhurst: FM 69711 (I50 9000), FM 70427 (69000), Marion: FM 69715, Kansas Clry: FM 69707, Santa Fe Springs: FM 69409 Sika and Sikadur are registered trade- marks. Made In USA. Printed in USA. 261 -System 3 Surfacing [%6-%s in (2-3 mm)] Description Sikafloor 261 NeaUBroadcast Surfacing is atwo-component, solvent and silicone-free, low- viscosity, high-strength, epoxy resin, used as a binder for broadcast surfacing systems, to produce an aesthetic slip-resistant seamless floor. •:; Where to Use ^ Animal care facilities. ^ Correctional facilities. ^ Corridors and assembly areas. ^ Food processing areas. ^ Light to heavy duty manufacturing areas. `" ^ Locker and shower rooms. ^ Service bays and car washes. Advantages ^ High abrasion and impact resistance. ^ Good chemical resistance. ^ Improved thermal shock resistance. ^ Variety of slip-resistant surface profiles. ^ Durable, impermeable and seamless. .;`.. ^ Easily cleaned, maintained and a more sanitary work environment ^ Does not support growth of bacteria or fungus. ^ Neutral odor. ^ Unlimited colors, no minimum required. ^ USDA certifiable for incidental food contact. Typical Data Packaging Color Yield Shelf Life Mixing Ratio 2.6 gal (10 L) unit: 1 pail (A) and 1 can (B) Component A: 3 gallon metal pail Component B: Carton containing (2)* 1 gallon cans * Order 2 Pails of Part A and one carton of Part B (2 cans per carton). 7.9 gal (30 L) unit Component A: 6 gallon metal pail Component B: 3 gallon metal pail Refer to the Industrial Flooring and Coatings color card Standard colors: RAL 7038 Agate Gray RAL 5007 Brilliant Blue RAL 7030 Stone Gray RAL 6028 Pine Green RAL 7012 Basalt Gray RAL 3010 Brick RAL 1015 Light Ivory RAL 1018 Zinc Yellow RAL 1001 Beige Prime coat 200 ftz/gal. (8 mils w.f.t.) (5 mzlL) Broadcast coat 36 ftzlggal. ~45 mils w.f.t) (0.9 m2IL) Silica sand: 1-2 Iblft2 (-10 kg/mz) # 24 medium (spherical) 0.3-0.85 mm # 16 coarse (angular) 0.6-2.0 mm Top coat 80-160 ftzlgal. (10-20 mils w.f.t.) (2-4 mz/L) 2 years in original unopened packaging. Store dry between 40° - 90°F (5° - 32°C). Condition to 65° - 85°F (18° - 30°C) before using. A:B = 2:1 by volume Properties at 73°F (23°C) and 50% R.H. Specific Gravity ASTM D1475 Iblgal. (kglL) Viscosity Service Temperature Pot Life, 8.8 oz (250 g) Open Time on Substrate (min) Waiting Time Between Coats (hrs) (minlmax) Curing Time (days) Foot traffic Light traffic Normal trafficlChem. exp. A: 12.6 (1.52) B: 8.39 (1.01 ) A+B: ( ) 11.6 1.40 A+B: 550 cps Min. 32°F (0°C) Max. 125° (51.7°C Short term exposure 2 2°F (100°C) 40 min 50°F (10°C) 66°F (20°C) 85°F (30°C) 80 50 35 30172 8148 6124 2 1 18 hrs. 4 2 2 10 7 5 Neat Broadcast Surfacing ;` How to Use - Surface Preparation Mixing Compressive Strength ASTM C579 Tensile Strength ASTM C307 Elongation Bond Strength ASTM D4541 Flexural Strength ASTM C560 Mod. of Elasticity Indentation MIL•PRF•24613 Impact Resistance ASTM D2794 Abrasion Resistance ASTM D4060 Taber Abrader, Wheel CS17/1000gH 000 cycles Coefficient of Friction ASTM D1894 Flammability ASTM D635 Coefficient of Thermal Expansion ASTM D696 Water Absorption ASTM C413 8100 psi (56 MPa) 1600 psi (11 MPa) 3% > 290 psi (2 MPa) (substrate failure) 725 psi (5 MPa) 4.8 x 105 psi (3.3 GPa) 4.0% 1.49 ft Ibf (2,03 joules) 0.07 g 0.90 0.78 in (20 mm) 0.29 x 10' in/in/°F (0.53 x 10' mm/mint°C) 0.3% Surface must be clean, sound and dry. Remove dust, laitance, grease, curing compounds, bond inhibiting impregnations, waxes and any other contaminants. Preparation Work: All projections, rough spots, etc. should be dressed off to achieve a level surface prior to the application. Concrete -Should be cleaned and prepared to achieve a laitance and contaminant free, open textured surface by blastcleanmg or equivalent mechanical means. (CSP3 as per ICRI gwdelines). The compressive strength of the concrete substrate should be at least 3500 psi (24 MPa) at 2 days and at least 200 psi (1.4 MPa) in tension at the time of application of Sikafloor ri nnc •.vaa - o~vaucna~ ~.una - ~ vN a+uat Pre-mix Part A component separately. Mix the combined components for at least 3 min, using a low-speed drill (300-450 rpm) to minimize entrapping air. Use an Exomixer type mixing paddle (recommended model) swted to the volume of the mixing container. During the mixing operation scrape down the sides and bottom of the container with a flat or straight edge trowel at least once to ensure complete mixing. When completely mixed, Sikafloor 261 should be uniform in color and Application Prime coat: Apply the prime coat using a squeegee and back roll. Avoid ponding. Broadcast coat: Once the prime coat is tack free, apply the basecoat onto the substrate using a notched squeegee or trowel. Level out and de-air using a spiked roller. Broadcast the selected (selected for texture) sand into the basecoat to rejection. Top coat: Once the broadcast has sufficiently cured to allow foot traffic, sweep-up and vacuum the loose unbonded sand. Apply the top coat using a squeegee, followed by backrolling to provide a uniform texture and finish. Limitations ^ Minimum/Maximum substrate temperature: 50°F/85°F (10°C/30°C). ^ Maximum relative humidity: 85%. ^ Substrate temperature must be 5°F (3°C) above measured dew point. ^ Determine the surface moisture content by using an impedance moisture meter designed for use on concrete as detailed in ASTM E-1907. Acceptable test results shall be 4% by mass or less. If over use Sikafloor Epocem 81/82. ^ Conduct quantitative anhydrous calcium chloride testin~ in accordance with ASTM F1869. Maximum acceptable test result is 3 pounds per 1,000 ft per 24 hours. If over use Sikafloor Epocem 81/82. ^ Do not use on exterior, on-grade substrates. ^ The joints and cracks must be filled or sealed before overcoating. ^ Freshly applied Sikafloor 261 Neat/Broadcast Surfacing should be protected from dampness. condensation and water for at least 24 hrs. Caution WARNING: IRRITANT, SENSITIZER- Com onent 'A' contains Epoxy Resin (CAS 025085- 99-8) and Silica Quartz (CAS 14808-60-7~ Causes eye irritation. May cause skin/ respiratory irritation. Prolonged skin/respiratory contact may result in allergic reaction, sensitization. Harmful if swallowed. Use only in well ventilated areas. Deliberately inhaling vapors is harmful, possibly fatal. WARNING: Product contains a chemical known to the State of California to cause cancer. HMIS Rating: H-" 2, F-2, R-0, PPE-C. WARNING: COMBUSTIBLE, CORROSIVE, IRRITANT, SENSITIZER: Component 'B' contains 2,4,6-Tri(dimethylamino-methyyl phenol (CAS 90-72-2 ,Amine and Epoxy Copolymer (Mixture), Benzyl Alcohol (CAS 100-51-6), Ethyl Alcohol (CAS 64-17-5) and Nonyl Phenol (CAS 84852-15-3). KEEP AWAY FROM HEAT AND FLAME OR OTHER SOURCES OF IGNITION. DO NOT SMOKE. Open doors and windows. Use only in well ventilated areas. Contact with skin and eyes cause severe burns. Causes eye/skin/respiratory irritation. Prolonged skin/respiratory contact may result in allergic reaction, sensitization. Harmful if swallowed. Ma cause dizziness, decrease in motor function, narcosis or other central nervous system effects. Deliberately inhaling vapors is harmful, possibly fatal. HMIS Rating: H-3, F-3, R-0, PPE-H t ~ , `A' Component: Avoid direct contact with skin and eyes.. Wear personal protective equipment (chemical resistant goggles/gloves/clothing). Use only in well ventilated areas. Wash thoroughly with soap and water after use. Remove contaminated clothing. Launder before reuse. Confine and remove spill with absorbent. Place excess in properly sealed, suitable container. Dispose of in accordance with applicable environmental regulations. Store product in closed container in a cool dry place 40° - 90°F (5° - 32°C). 'B Component: Open doors and windows. Use only with adequate local and mechanical ventilation. In absence of proper ventilation, use properly fitted, NIOSH respirator. Avoid direct contact with skin and eyes. Wear personal protective absorbent. Place excess in suitable container. Dispose of in accordance with applicable environmental regulations. Store product in closed container in a cool dryplace 40° - 90°F (5° - 32°C). Clean all tools and equipment with Sika Equipment Cleaner/Epoxy Thinner. Wash soiled hands and skin thoroughly in hot soapy water or use Sika Hand Cleaner. Once hardened, product can only be removed mechanically. Eyes -Hold eyelids apart and flush thoroughly with water for 15 minutes. Skin -Remove contaminated clothing. Wash skin thoroughly for 15 minutes with soap and water. Inhalation - Remove to fresh air. Ingestion - Do not induce vomiting. Dilute with water. Contact physician. In all cases contact a physician immediately if symptoms persist. KEEP CONTAINER TIGHTLY CLOSED • KEEP OUT OF REACH OF CHILDREN • NOT FOR INTERNAL CONSUMPTION • FOR INDUSTRUIL USE ONLY All information provided by Sika Corporelion ('Sika")concerning Sika products, including but not limited to, any recommendations and advice relating to the application and use of Sika products, is given in good faith hosed on Sika's current experience and knowledge of its products when properly stored, handled and applied under normal conditions in accordancewilh Sika's InsWctions. In practice, the di0erences in materials, substrates, storage and handling condi- tions, actual site conditions and other factors outside of Sika's conkol are such Thal Sika assumes no liability ror the provision of such infomtation, advice, recommenda0ons or instructions related to its products, nor shall any legal relationship be created by or arise from the provision of such information, advice, recommenda0ons or instructions related to its products. The user of the Sika product(s) must test the product(s) for suitability for the intended application and purpose before proceeding with the full application of the product(s). Sika reserves the dght to change the properties of its products without notice. All sales of Sika product(s) are subject to its current lenns and condi0ons of sale which are available at www.sikaeoro.eom or by calling 000-933-7452. Prior to each use of any Sika product, the user must always read and follow the warnings and Instructlons on the product's most curtent Technical Data Sheet, product label and Material Safety Data Sheet which are available online at www.slkaconstruc0on.eom or by calling Sika's Technical Service Department at 800.933.7452. Nothing contained in any Sika materials relieves the user of the obligation to read and follow the warnings and in- struc0onfor each Sika product as set forth In the current Technical Oata Sheet, product label and Matedal Safety Data Sheet priorto product use. Sika warrants This product for one year from date of installation to be free from manufacturing defects and to meet the technical proper- ties on the current Technipl Data Sheet if used as directed within shelf life. User determines suitability of product for intended use and assumes all risks. Buyer's sole remedy shall be kmited to the purchase price or replacement of product exclusive of labor or cost of labor. NO OTHER WARRANTIES EXPRESS OR IMPLIED SHALL APPLY INCLUDING ANY WARRANTY OF MERCHANTABIL- ITY OR FITNESS FOR A PARTICULAR PURPOSE. SIKA SHALL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR SPE- CIAL OR CONSEQUENTIAL DAMAGES. SIKA SHALL NOT BE RESPONSIBLE FOR THE USE OF THIS PRODUCT IN A MANNER TO INFRINGE ON ANY PATENT OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS HELD BY OTHERS. Visit our website at www.sikaconstruction.com 1-800.933-SIKA NATIONWIDE Regional Information and Safes Centers. For the location of your nearest Sika sales office, contact your regional center. Sika Corporation Sika Canada Inc. Sika Mexicans S.A. de C.V. e- 201 Polito Avenue 601 Delmar Avenue Carretera Libre Celaya Km. 8.5 Lyndhurst, NJ 07071 Pointe Claire Fracc. Industrial Batvanera Phone: 800-933-7452 Quehec H9R 4A9 CGrregidora, Queretaro Fax:201-933-6225 Phone:514-697-2610 C.P. 76920 Fax: 514-694-2792 Phone: 52 442 2385800 Iso eooo:zo°o Fax: 52 442 2250537 Product Data Sheet Edition 2.8.2007 Identification no. Sikafloor Polythane UV Sikafloor® Polythane UV® High-Gloss, Abrasion and UV Resistant Polyurethane Coating Description Sikafloor Polythane UV is atwo-component, clear or colored polyol aliphatic polyurethane _ _ coating specifically formulated to provide hi h abrasion and UV resistance - - Where to Use Sikafloor Polythane UV is suitable f 'd f or a wt a range o applications requiring outstanding resistance to severe weathering conditions, high abrasion, chemical, and solvent resistance. Use where a high gloss finish exhibiting excellent gloss and color retention is needed. Thin-film polyurethanes can also be used to coat concrete surfaces and over epoxy flooring systems to improve high-ggloss retention and long-term wear resistance. Sikafloor Polythane UV is compatible with Sika's epoxy coatings Advantages ^ High resistance to abraston and yellowing. ^ Good chemical resistance such as with alkalies, some solvents and moderate strength acids. ^ Easy maintenance. - ^ Hard yet flexible film ^ Available in decorative colors. ^ Convenient mixing ratio 2:1. ^ Excellent mar-resistance. ^ Provides better impact resistance. _ ^ High gloss and color retention on exterior surfaces. ^ Ultraviolet light resistance coat. ^ High wear properties. ^ Good stain resistance. ^ Good weathering. - ^ Impermeable. How to Use Surface Preparation Surface must be clean, sound and dry. Remove dust, laitance, grease, curing compounds, bond inhibiting impregnations, waxes and any other contaminants. Preparation Work: All projections, rough spots, etc. should be dressed off to achieve a level surface prior to the application. Concrete -Should be cleaned and prepared to achieve a laitance and contaminant free, open textured surface by blastcleaning or equivalent mechanical means (CSP3 as per ICRI uidelines) The co i t th f h . g . mpress ve s reng o t e substrate should be at least 3500 psi (24 MPa) at 28 days and at least 200 psi (1.4 MPa) in tension at the time of application of the Sikafloor 2001= (Primer) or epoxy flooring. Epoxy or polyurethane coatings that have exceeded their overcoating time must be sanded and solvent wiped with moistened rag prior to Sikafloor Polythane UV application. Typical Data Packaging 3 gal.. {11.34 L) unit Component A: 3 gal. metal pail Component B: Carton containing (2)' 1 gal. cans ' Order 2 Pails of Part A and one carton of Part B (2 cans per carton). 15.8 gal. (60L) unit Component A: 6 gal. metal pail Component B: 6 gal. metal pail 2 pails of A to 1 pail of B Colors Standard: Clear Agate Gray RAL 7038 Basalt Gray RAL 7012 Zinc Yellow RAL 1018 Signal White RAL 9003 Special colors: On request Yield Primer -Sikafloor 2001 at 163 ftzlgal. (10 mils w.f.t.) {4 mz/L) Finish Coat -Sikafloor Polythane UV 1-2 coats, each at 285-450 ft2/gal. (4-5.7 mils w.f.t.) (7-10 mzlL) Shelf Life 1 year in original, unopened packaging. Store dry at 40° - 90°F (5° - 32°C). Condition product between 65° - 85°F (18° - 30°C) before using. Mixing Ratio A:B = 2:1 by volume Properties at 73°F (23°C) and 50% R.H. Solids Content by Weight Colored B7% Clear 40% Viscosity 315 cps L i i Applic~ Pot Life, 8.11 oz (240 mL) Application Life, 8.11 oz (240 mL) Tack-Free Time (5 w.ft.) Curing Time Foot traffic Full Cure Recoat Time Between 2 coats of SikaOoor Polythane W Flash Point Abrasion ASTM D4060 Taber Abrader, Wheel CS77/1000g11000 cycles Adhesion ASTM D4541 Water Vapor Transmission ASTM E96 (3 mils, Water-Procedure B) Chemical Resistance ASTM D1308, covered 1-5 days Chemicals 1 Day Cola No effect Ketchup Gasoline Oil (10W30) Mustard Urine Saturated salt solution Saturated sugar solution 10% HCI 40% Formaldehyde 20% Lactic Acid Coffee 70% Ethanol 10% Acetic Acid 20% Sulfuric Acid Domestic Bleach Sodium Hypochloride 10% 2 hrs. 2 hrs. 8 hrs. 24 hrs. 7 days 16 h al 73°F 23°C 24 h at 59°F f 15°C; 73°F (23°C) 0.04 g 700 psi (4.8 MPa) 0.37 Penn Sodum Hydroxide 35% BlisteringlLoss of gloss 5 Days No effect Softening No effect No effect Staining No (effect I SoffeninglAdhesion loss Loss of gloss No effect 5ofteninglLoss of gloss Blistering/Loss of gloss Premix each component. Empty component B into A or mix in the ratio of 2 parts A for 1 part B by volume. Mix thoroughly for 3 min using aloes-speed drill (300-450 rpm) to minimize entrapping air. Use an Exomixer type mixing paddle (recommended model). During the mixing operation, scrape down the sides and bottom of the pail with a flat or straight edge trowel at least once to ensure thorough mixing. Sikafloor Polythane UV should be uniform in color. Mix only the quantity you can use within its pot life. Primer-Apply Sikafloor2001 overthe slabas a primer using a brush, rolleror squeegee ata uniform coverage rate of approx..163 ftz/gal. (10 mils w.f.t.) (4 mz/L) without ponding. Allowthe primerto cure 16 hrs. at 73°F (23°C) before applying Sikafloor Polythane UV. Finish Coat -Sikafloor Polythane UV may be applied using an airless spprayer, high quality rollers (lint-free). brush or soueeaee and hackrnll If thinntnn Lc rani u~arl ~ ~~p fi~~a 1 Irc+h~nc 41,ir,.,o~ ~rmaauons ^ mtrnmum substrate temperature should be 60°F (16°C) prior to Sikafloor Polythane UV application. ^ Substrate temperature must be 5°F (3°C) above measured dew points prior to application. ^ Determine the surface moisture content by using an impedance moisture meter designed for use on concret d t il d i ASTPn E 1 e as e a e n - 907. Acceptable test results shall be 4% by mass or less. If over use Sikafloor Epocem 81/82. ^ Conduct quantitative anhydrous calcium chloride testin~ in accordance with ASTM F1B69. Maximum acceptable test result is 3 pounds er 1 000 ft er 24 h If Sik p , p ours. over use afloor Epocem 81/82. ^ Do not encapsulate saturated concrete in areas of freezing and thawing. ^ Coating is a vapor barrier after cure. ^ Once component B is opened, it must be used immediately. ^ Sensitive to moisture during application or storage. ^ Do not use in areas where humidity is over 75%. COMPONENT 'A' -WARNING: FLAMMABLE, IRRITANT, SENSITIZER: Contains Butyl Acetate (CAS 123-86-4), Cellosolve Acetate Butyrate CAS 9004-36-8), Glycol Ether PM Acetate (CAS 108-65-6), and Xylene (Mixed Isomers) (CAS 1 30-20-7). Keep away from heat, sparks, sunlight, electrical equipment, flame or other sources of ignition. VAPORS MAY IGNITE AND EXPLODE. DO NOT SMOKE. Use only in well ventilated areas. Open doors and windows during use. Causes eye/skin/respiratory irritation. Prolonged skin/respiratory contact may result in allergic reaction/sensitization. May be harmful if swallowed. Inhalation can result in headaches, dizziness and Central Nervous System effects. COMPONENT 'B' - WARNING: FLAMMABLE, IRRITANT, SENSITIZER: Contains 1,6-Diisocyanatohexane (CAS 822-06-00), Butyl Acetate (CAS 123-86-4), HDI Homopolymer (CAS 28182-81-2) and Xylene (Mixed Isomers) (CAS 1330-20-7).Keep awe from heat, sparks, sunlight, electrical equipment, flame or other sources of ignition. VAAPORS MAY IGNITE AND EXPLODE. DO NOT SMOKE. Use only in well ventilated areas. Open doors and windows during use. Causes eye/skin/respiratory irritation. Prolonged skin/respiratory contact may result in allergic reaction/sensitization. May be harmful if swallowed. Inhalation can result in headaches, dizziness and Central Nervous System effects. Intentional misuse by deliberate concentration and inhalation of vapors may be harmful Eyes -Hold eyelids apart and flush thoroughly with water for 15 minutes. Skin -Remove contaminated clothing. Wash skin thoroughly for 15 minutes with soap and water. Inhalation - remove to fresh air. Ingestion - Do not induce vomiting. Contact physician. In all cases contact Handling Keep away from heat, sparks, sunlight, electrical equipment, flame or other sources of and Storage ignition. VAPORS MAY IGNITE AND EXPLODE. DO NOT SMOKE. Use only in the presence of adequate local and mechanical ventilation. Open doors and windows during use. Use a properly fitted NIOSH respirator if ventilation is poor. Wear personal protective equipment (chemical resistant goggles/gloves/clothing). Wash thoroughly with soap and water after use. Remove contaminated clothing and launder before reuse. Do not store near excessive heat or open flame as pressure may build in container causing contents to react or combust. Store in cool, dry, well _. ventilated area. Keep containers tightly closed. KEEP CONTAINER TIGHTLY CLOSED KEEP OUT OF REACH OF CHILDREN NOT FOR INTERNAL CONSUMPTION FOR INDUSTRIAL USE ONLY CONSULT MATERIAL SAFETY DATA SHEET FOR MORE INFORMATION Sika warrants this product for one year from date of installation to be free from manufacturing defects and to meet the techni- cal properties on the current Technical Data Sheet if used as directed within shelf life. User determines suitability of product for intended use and assumes all risks. Buyer's sole remedy shall be limited to the purchase price or replacement of product exclusive of Tabor or cost of labor. NO OTHER WARRANTIES EXPRESS OR IMPLIED SHALL APPLY INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE. SIKH SHALL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR SPECIAL OR CONSEQUENTIAL DAMAGES. SIKASHALL NOT BE RESPONSIBLE FOR THE USE OFTHIS PRODUCT fN A MANNER TO INFRINGE ON ANY PATENT OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS HELD BY OTHERS. Visit our website at www.sikaconstruction.com 1-ti00-933SIKA NATIONWIDE Regional Information and Sales Centers. For the location of your nearest Sika sales office, contact your regional center. Sika Corporation Sika Canada Inc. Sika Mexicans S.A. de C.Y. QUA LIT)' 201 Polito Avenue 601 Delmar Avenue Carretera Libre Celaya Km. 8.5 Lyndhurst, NJ 07071 Pointe Claire Fracc. Industrial Balvanera e ~ 4 Phone: 800-933-7452 Quebec H9R 4A9 Corregidora, Queretaro , ~ Fax:201-933-6225 Phone: 514.697-2610 C.P. 76920 Fax:514-694-2792 Phone:52442238580D ~CHIEVEMEN~ Fax: 52 442 2250537 Ouailty certtliw9on Numbers: Lyntlhurst: FM 69711 (ISO 9699), FM 70421 (O6 9699), Mahon: FM 69715, Kansas City: FM 69797, Santa Fe Sprln9s: FM 69406 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY/GENERAL COUNSEL SUBJECT: PROPOSED AGREEMENTS WITH AT&T AND COX DATE: Apri18, 2008 BACKGROUND: AT&T Oklahoma ("AT&T") notified the city several weeks ago that the Company intended to upgrade its existing facilities and equipment so that it might begin offering an integrated Internet protocol platform of voice, data, information and video services within the City of Owasso. Concurrent with these upgrades, AT&T proposed that the City and AT&T enter into an agreement establishing that the Company has the City's authorization to make the upgrades and provide the IP-enabled Video Service within the City. In exchange, AT&T proposes to pay a fee to the city equal to a percentage of AT&T's gross revenues connected with the new service. AT&T provided the City with a copy of the proposed Agreement for review. Shortly after the AT&T Agreement was received, CoxCom ("Cox"), presented a proposed Agreement to the City which was quite similar, and virtually identical in a number of places, to the Agreement drafted by AT&T. Although the City has issued Cox a permit agreement in effect whereby Cox pays 3% of the gross revenue generated by cable television services in the municipal limits to the City, Cox desires to replace that Agreement with a new one. Cox's request is based on an Oklahoma State law which compels cities to ensure a "fair and level playing field" for all cable service providers. Specifically, Cox asserts that if the City enters into an agreement of this type with AT&T, the City must likewise enter into an agreement with Cox containing the same rights and privileges. ANALYSIS OF AT&T AGREEMENT: Revenues Paid to the City The Agreement proposed by AT&T states that the Company shall pay a fee to the City equal to 5% of the gross revenue of AT&T Oklahoma collected from each subscriber to the IP-enabled Video Services product and 5% of the portion of gross revenues received for advertising which are related to the IP service. All fees shall be paid to the City by AT&T within 45 days after the close of each quarter. Term of Agreement The Agreement shall be effective for a term of 5 years. The parties to the Agreement also agree to enter into good faith negotiations regarding the possible renewal, modification or extension of the Agreement prior to the end of the 5 year term. In Lieu of Other Fees The Agreement shall be in lieu of all other concessions, charges excises franchises, licenses, permit fees, taxes or assessments except sales tax, property or ad valorem tax, fees levied for the purpose of funding the E911 system and the 2% Telephone Inspection Fee that is currently being paid to the City by AT&T. Channels Provided AT&T agrees to provide 2 "streams" or channels for noncommercial and government programming to the City through the IP-enabled Video Service. Emergency Procedure AT&T will work with the City to provide an economically and technologically feasible process for providing an appropriate message through the IP services in the event of a public safety emergency. Regulation by City The City agrees that it will not subject the IP-enabled Video Service to regulation under any cable television or broadband communications franchise ordinances and the City further agrees to subject the construction and installation of the facilities for the new service to the same process and review as with traditional telecom infrastructure. Modifications to Agreement The Agreement maybe modified only by a written amendment which is signed by both parties. ANALYSIS OF COX AGREEMENT: Revenues Paid to the City The Agreement proposed by Cox states that the Company, like AT&T, shall pay a fee to the City equal to 5% of the gross revenue collected from each subscriber to the IP-enabled Video Services product and 5% of the portion of gross revenues received for advertising which are related to the IP service. All fees shall be paid to the City by Cox within 45 days after the close of each quarter. Term of Agreement The Agreement shall be effective for a term of 5 years. The parties to the Agreement also agree to enter into good faith negotiations regarding the possible renewal, modification or extension of the Agreement prior to the end of the 5 year term. In Lieu of Other Fees The Agreement proposed by Cox also states that the 5% fee to be paid to the City is in lieu of all other concessions, charges excises franchises, licenses, permit fees, taxes or assessments except sales tax, property or ad valorem tax and fees levied for the purpose of funding the E911 system. The Agreement will effectively replace the previous agreement executed by the City and Cox. The terms of that agreement were approved by the City Council on December 20, 1994 in Ordinance #493. In that agreement, a permit to provide cable television services was granted to Cox by the City. In exchange, Cox agreed to pay to the City a 3% fee of the company's gross revenue derived from cable services. Cox has represented to the City that the gross operating 2 revenue from which the 3% fee in the current agreement is drawn is more limited than the revenue sources proposed in the new Agreement because installation fees are excluded. Cox anticipates that additional revenue will be generated and paid to the City under the new proposed Agreement. Channels Provided Cox agrees to provide 2 channels for noncommercial and government programming to the City, just as the current Agreement provides. Emergency Procedure Cox agrees to comply with the Emergency Alert System federal regulations which require a service provider to work with a municipality to develop a process for providing emergency alerts to citizens when needed. Regulation by City The City agrees that it will not subject Cox's cable services to regulation under any cable television or broadband communications franchise ordinances and the City further agrees to subject the construction and installation of the facilities for that cable service to the same process and review as with traditional telecom infrastructure. LEGAL ANALYSIS: AT&T believes that while it is advantageous to both the Company and the City to execute an agreement and avoid potential costly litigation, AT&T maintains that the Company is not required by law to enter into an agreement with the City in order to provide the new IP-enabled Video Services within Owasso's city limits. AT&T relies upon Section 2, Article 9 of the Oklahoma Constitution, 18 O.S. §601 of the Oklahoma State Statutes set forth in pertinent part below and an Oklahoma Attorney General's Opinion issued on May 3, 2006 which is attached for the Council's review: Oklahoma Constitution Article 9 -Corporations Railroad, Transportation, Transmission and Public Service Corporations Section Article 9 section 2 - Rights as to construction of lines § 2. Rights as to construction of lines. Every railroad, oil pipe, car, express, telephone or telegraph corporation or association organized or authorized to do a transportation or transmission business under the laws of this State for such purpose, shall, each respectively, have the right to construct and operate its line between any points in this State, and as such to connect at fhe State line with like lines; and every such company shall have the right with its road or line, to intersect, connect with, or cross any railroad or such line. i Oklahoma Statutes Citationized Title 18, Corporations Chapter 15 - Telegraph and Telephone Companies Section 601 - Right of Way -Use of Public Ground, Streets and Highways -Use of Railroad Property - Cerfain Limitations (a) There is hereby granted to the owners of any telegraph or telephone lines operated in this state the right-of--way over lands and real property in this state, and the right to use public grounds, streets, alleys and highways in this state, subject to control of the proper municipal authorities as to what grounds, streets, alleys or highways said lines shall run over or across, and the place the poles to support the wires are located; also the right to condemn and cross over or under, or build their lines along any railroad property or right-of-way, subject to the necessary use of such property orright-of--way by the railroad company; the right-of--way over real property granted in this section maybe acquired in the same manner and by like proceedings as provided for railroad corporations. While the correctness of AT&T's opinion, based on the foregoing authorities, is not an automatic and absolute conclusion, the cited legal authorities grant substantial rights to service providers. This question has been debated and discussed by municipalities and city attorneys around the State. Municipalities have ultimately concurred with AT&T's opinion that the Company is not required to enter into an with agreement, or pay fees to a city resulting from, its IP service, based upon the provision within the Oklahoma Constitution, the statute quoted above, and, most heavily, upon the 2006 Attorney General's Opinion cited above. Consequently, agreements which are identical or highly similar to the Agreements submitted to the City by AT&T and Cox have been approved in numerous cities including Tulsa, Oklahoma City, Moore, Jenks, Bethany, Edmond, Stillwater and Norman. The attorneys for each of those cities jointly agree that four issues are of paramount interest to the cities with regard to this issue. Those issues are: 1. Percentage of fees paid to the municipality; 2. An agreement from the service provider to work in good faith with the city regarding right-of--way needed by the provider; 3. Complimentary dedicated government and educational channels provided; 4. An emergency alert system built into the services the Company provides. The Agreements drafted by AT&T and Cox include provisions satisfying each of those four concerns. The prevailing thought by municipalities approving agreements like these is that any attempt to obtain a percentage of fees from AT&T generated by the new IP-enabled Video Services, without execution of an agreement, will be denied by the Company and the City would be compelled to engage in litigation with an uncertain outcome. Therefore, the cities have reasoned, execution of the Agreement submitted by the service provider, with a guarantee that the City will receive a percentage of the gross revenue and advertising generated by the service is preferable. Cox is not attempting to obtain a new agreement with the City based on a new technology offered to the public. Rather, Cox relies upon 11 O.S. §22-107.1 reprinted in relevant part below: 4 Oklahoma Statutes Citationized Title 11. Cities and Towns Chapter 1 -Oklahoma Municipal Code Article XXII -General Powers of Municipalities Section 22-107.1 -License or Permit for Operation of Cable Television System - Overlapping Prohibited -Regulations A. A municipality may by ordinance or otherwise issue a certificate, license or permit, for the operation of a cable television system. A municipality may establish such certificate, license or permit requirements as it deems appropriate in the exercise of its police power. Any certificate, license or permit issued by the governing body shall be nonexclusive and shall not exceed a period of twenty-five (25) years and maybe revocable by the governing body if said body determines that the holder of the certificate, license or permit has willfully failed or neglected to perform duties pursuant to the terms of the grant of the certificate, license or permit. A certificate, license or permit maybe assigned or transferred subject to approval of the governing body of the municipality. Nothing herein shall limit the authority of a municipality to comply with state or federal law. B. No municipality shall grant any overlapping certificate, license, permit or franchise for cable television service within its jurisdiction on terms or conditions more favorable or less burdensome than those in any existing certificate, license, permit or franchise within such municipality. This statute prohibits a municipality from entering into an agreement with one cable television service within its jurisdiction containing terms that are more favorable or less burdensome than those contained in an existing agreement with another cable television service. This is known as the "level playing field" requirement. This statute imposes an "offer it to one, offer it to all" requirement upon the City. It is generally accepted within the legal community that this statute does afford rights to Cox which ensure that each municipality executing the proposed Agreement with AT&T will likewise execute a similar Agreement with Cox. CONCLUSION: The law governing this matter is speculative at this point because the Oklahoma courts have not yet ruled on the issues involved. Consequently, cities are left to make the best decisions possible by reviewing the related legal decisions and opinions that do exist and attempting to determine how the courts might ultimately decide the matter. Municipalities throughout the State have clearly reached the decision that execution of the Agreements with AT&T and Cox is the best course of action because the Agreements provide some percentage of gross revenue to the cities, as opposed to nothing at all, and also because the Agreements provide for the purchase of right- of-way, complimentary channels and an emergency broadcast process. After reviewing the relevant and available legal authorities, researching the issue as thoroughly as possible and speaking with other city attorneys throughout the State, the City of Owasso's City Attorney/General Counsel is in agreement that the cable service providers have a reasonable chance of prevailing if this matter were to be litigated in the courts. Therefore, staff will 5 recommend to the City Council that the proposed Agreements submitted by AT&T and Cox be approved and executed by the Mayor. RECOMMENDATION: Staff intends to recommend Council approval of the proposed agreements with AT&T and Cox. ATTACHMENTS: AT&T Agreement Cox Communications Agreement Oklahoma Attorney General's Opinion, May 3, 2006 6 AGREEMENT This Agreement ("Agreement") is made and entered into this day of 2008, by and between the CITY OF OWASSO, a municipal corporation, hereinafter referred to as the "City," and SOUTHWESTERN BELL TELEPHONE COMPANY, a Missouri corporation, doing business as AT&T Oklahoma, hereinafter referred to as "AT&T Oklahoma" or "Company," with AT&T Oklahoma and City sometimes separately referred to hereinafter as a "party," and sometimes collectively as "parties." WHEREAS, every telephone or telegraph corporation authorized to conduct transportation or transmission business under the laws of the State of Oklahoma for such purpose has the right to construct and operate between any points in this State pursuant to Article IX, Section 2 of the Constitution of the State of Oklahoma and Title 18, § 601, subject to control of the proper municipal authorities as to what grounds, streets, alleys or highways said lines shall run over or across, and the place the poles to support the wires are located; WHEREAS, AT&T Oklahoma represents that it desires to upgrade its existing facilities and equipment, and install new facilities and equipment, and further represents that it will then be capable of offering, among other things, an integrated Internet protocol ("IP") platform of voice, data, information and video services (the video component of which is switched, two-way, point-to-point and interactive and is referred to herein as the "IP-enabled Video Service") within the geographic boundaries of the City; WHEREAS, AT&T Oklahoma takes the position, based on Okla. Const. Article IX, §2, and 18 Okla. Stat. §601, and other applicable law, that it is not required to obtain authorization from the City in order to provide its IP-enabled Video Service; however, notwithstanding its position, as stated above, in consideration of the forbearance of litigation by the City in relation to the provision of IP-enabled Video Service by AT&T Oklahoma within the City and the City's agreement to follow its normal permitting practices with respect to installation of facilities that maybe used in whole or in part to provide IP-enabled Video Services, AT&T Oklahoma is willing to enter into this Agreement and to pay an Il'-enabled Video Services Provider Fee as set forth more fully below so that both AT&T Oklahoma and the City can achieve the full benefits that competition and the availability of such services will bring to the community and citizens of the City; and WHEREAS, in consideration of the payment of the IP-enabled Video Services Provider Fee by AT&T Oklahoma to the City and the forbearance of litigation by AT&T Oklahoma in relation to the provision of IP-enabled Video Service by AT&T Oklahoma within the City, the City is willing to enter into this Agreement; and WHEREAS, the parties understand and agree that neither party shall be deemed to have waived any of its legal rights by entering into this Agreement except as expressly provided herein; Page 1 of 7 NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements hereinafter set forth, the parties agree as follows: 1. Term of Agreement: This non-exclusive Agreement shall take effect upon approval hereof by AT&T Oklahoma and by the City Council of the City and shall be effective for a term of five (5) years thereafter. Prior to the end of this term, the parties agree to enter into good faith negotiations regarding a possible renewal and/or modification and/or extension of this Agreement. 2. Nature of Agreement: (A) No privilege or exemption shall be granted or conferred by this Agreement except those specifically prescribed herein. (B) Any right or power in, or duty impressed upon, any officer, employee, department, or board of the City by this Agreement shall be subject to transfer by the City to any other officer, employee, department, or board of the City. (C) This Agreement shall not relieve AT&T Oklahoma of any existing obligations involved in obtaining permits, pole or conduit space from any department of the City, utility company, or from others maintaining utilities in streets. (D) This Agreement shall be a privilege to be held in personal trust by AT&T Oklahoma for the benefit of the public. Said privilege cannot in any event be sold, transferred, leased, assigned or disposed of (except to an affiliate of AT&T Oklahoma), including but not limited to, by forced or voluntary sale, merger, consolidation, receivership or other means without the prior written consent of the City, and then only under such conditions as the City may establish. Such consent as required by the City shall not, however, be unreasonably withheld. 3. Obligations of AT&T: (A) During the term of this Agreement, AT&T Oklahoma shall pay to City a fee equal to 5% of the gross revenues of AT&T Oklahoma and its affiliates collected from each subscriber to AT&T Oklahoma's IP-enabled Video Services product, and 5% of the portion of gross revenues from advertising which are defined in subsection 3(A)(3), below; the fee ("IP-enabled Video Services Provider Fee") maybe identified and passed through on any subscriber bill by AT&T Oklahoma, and all such fees collected will be forwarded to City quarterly and shall be due forty-five (45) days after the end of each quarter. Page 2 of 7 (1) For purposes of this Agreement, gross revenues are limited to the following: (i) recumng charges for IP-enabled Video Services; (ii) event-based charges for IP-enabled Video Services, including but not limited topay-per-view and video-on-demand charges; (iii) rental of set top boxes and other IP-enabled Video Services equipment; (iv) service charges related to the provision of IP-enabled Video Services, including, but not limited to, activation, installation, and repair; and (v) administrative charges related to the provision of IP-enabled Video Services, including, but not limited to, service order and service termination charges; (vi) amounts billed to IP-enabled Video Services subscribers to recover the IP-enabled Video Services Provider Fee authorized by this section. (2) For purposes of this Agreement, gross revenues do not include: (i) uncollectible fees, provided that all or part of uncollectible fees which is written off as bad debt but subsequently collected, less expenses of collection, shall be included in gross revenues in the period collected; (ii) late payment fees; (iii) revenues from contracts for in-home maintenance service unless they relate solely to maintenance on equipment used only for the provisioning of IP-enabled Video Services and not for the provisioning of any other service provided by AT&T Oklahoma or its affiliates; (iv) amounts billed to IP-enabled Video Services subscribers to recover taxes, fees or surcharges imposed upon IP-enabled Video Services subscribers in connection with the provision of IP-enabled Video Services, other than the IP-enabled Video Services Provider Fee authorized by this section; (v) revenue from the sale of capital assets or surplus equipment; or (vi) charges, other than those described in subsection (1), that are aggregated or bundled with amounts billed to IP-enabled Video Services subscribers. (3) "Gross Revenues" which are subject to the IP-enabled Video Services Provider Fee paid by AT&T Oklahoma additionally include a pro rata portion of all revenue collected by AT&T Oklahoma pursuant to compensation arrangements for advertising (less any commissions AT&T receives from any third parties for advertising) and home-shopping sales derived from the operation of AT&T Oklahoma's IP-enabled Video Service within the City. Advertising commissions paid to third parties (excluding any refunds, rebates, or discounts the Company may make to advertisers) shall not be deducted from advertising Page 3 of 7 revenue included in gross revenue. The allocation of advertising and home- shopping revenue referred to above shall be based on the number of subscribers in the City divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement. (4) Bundling discounts shall be apportioned fairly among video and other services. AT&T Oklahoma shall not apportion revenue in such a manner as to avoid the IP-enabled Video Services Provider Fee. (5) In the event that any other video services provider, including but not limited to a cable operator or open video service provider, enters into any agreement or makes any arrangement with City during the term of this Agreement whereby it is required or allowed to pay a fee to the City that is similar to the IP- enabled Video Services Provider Fee described herein, City shall allow AT&T Oklahoma to substitute the definition of "gross revenue" set forth in that agreement or arrangement for the definition of "gross revenue" set forth in this Agreement immediately upon request of AT&T Oklahoma. (6) AT&T Oklahoma will grant the City the right to conduct reasonable audits to assure that the IP-enabled Video Services Provider Fee has been properly calculated. (B) AT&T Oklahoma and City agree that the IP-enabled Video Services Provider Fee shall be in lieu of all other concessions, charges, excises, franchise, license, privilege, permit fees, taxes, or assessments except sales taxes, personal or real property taxes, ad valorem taxes, any fees levied for the purpose of funding the E9-1-1 system, and the two percent (2%) Telephone Inspection Fee currently being paid by AT&T Oklahoma; (C) Within 120 days of a request from the City, which request may not be made prior to commercial launch of AT&T Oklahoma's IP-enabled Video Service to subscribers within the City, and subject to reasonable economic and technical feasibility considerations, AT&T Oklahoma shall provide capacity for two (2) "streams" or "channels" of noncommercial educational and governmental programming through AT&T Oklahoma's IP-enabled Video Service so long as the City and educational institutions designated by the City provide any educational or governmental programming content in a standard digital format compatible with AT&T Oklahoma's Il'- enabled video technology. City and educational institutions designated by the City shall provide this programming, and AT&T Oklahoma shall receive this programming, at AT&T Oklahoma's Point of Presence in downtown Oklahoma City. City and educational institutions designated by the City will be solely and individually responsible for their own programming content. (D) AT&T Oklahoma shall work with the City to identify an economically and technically feasible process for providing an appropriate message through AT&T Oklahoma's IP-enabled Video Service in the event of a public safety emergency issued Page 4 of 7 over the emergency alert system, which at a minimum will include the concurrent rebroadcast of local broadcast channels. (E) The parties agree to consult in the event that, after execution of this Agreement, any court, agency, commission, legislative body, or other authority of competent jurisdiction issues a finding that limits the validity or enforceability of this Agreement, in whole or in part. Should the finding be final, non-appealable and binding upon either City or Company, this Agreement shall be deemed modified or limited to the extent necessary to address the subject of the finding unless either party, within thirty (30) days of receipt of the ruling, provides written notice to the other party of election to terminate, in which case this Agreement shall terminate within six (6) months or such earlier period as the parties mutually may agree. Where the effect of a finding is a modification, the parties shall enter into good faith negotiations to modify this Agreement in the manner which best effectuates its overall purposes and the intentions of the parties. Failure to reach a mutually satisfactory modification within ninety (90) days of the commencement of such efforts shall entitle either party to terminate the Agreement on the provision of thirty (30) days' written notice. In addition to the termination rights set forth above, AT&T Oklahoma shall have the right to terminate this Agreement and all obligations hereunder upon ninety (90) days notice to the City, if (i) AT&T Oklahoma concludes in its reasonable business judgment that IP-enabled Video Service in the City is no longer technically, economically or financially consistent with AT&T Oklahoma's business objectives; (ii) Title VI obligations or any similar obligations are imposed on AT&T Oklahoma; or (iii) it becomes clear that the Company must offer or provide IP-enabled Video Service pursuant to a franchise (cable or otherwise) and/or franchise-like requirements or other local authorization. (F) AT&T Oklahoma shall determine, in its sole discretion where in the City its facilities shall be constructed, operated, maintained, repaired and upgraded to provide, where in the City to provide its IP-enabled Video Services. However, AT&T Oklahoma agrees that it will offer a competitive video service through the technology of its choosing, which may include, but is not limited to, direct-to-home satellite service, to all residential subscribers residing within its current local telephone service footprint within the boundaries of the City, subject to density, technical feasibility, and access limitations based on standard industry practice (e.g., density limitation of thirty (30) homes per mile, authorized access to private property/developments, etc.). 4. Obligations of City. City will not attempt to nor subject the provision of AT&T Oklahoma's IP-enabled Video Service to regulation under any cable television or broadband telecommunications franchise ordinance or similar ordinance(s). In addition: (A) City agrees to subject the construction and installation of the facilities that will be used in whole or in part to provide AT&T Oklahoma's IP-enabled Video Service to the same process and review as it subjects the installation and construction of traditional telecommunications infrastructure; Page 5 of 7 (B) City agrees not to unreasonably block, restrict, or limit the construction and installation of facilities that will be used in whole or in part to provide AT&T Oklahoma's IP-enabled Video Service; (C) City agrees to process any and all applicable permits for the installation, construction, maintenance, repair, removal, and other activities associated with placement of communications or transmission facilities of any kind in a timely and prompt manner; (D) AT&T Oklahoma represents and claims that its Video Service is not a "cable service" under Oklahoma or federal law. The City is entering into this agreement in reliance on this representation. In the event a court or federal agency or any governmental legislative body with jurisdiction rules or declares that according to Oklahoma state law or applicable federal law AT&T Oklahoma's IP-enabled Video Service is a cable service, or that it is subject to the same laws and regulations as a cable service provider or cable television system, and if the ruling or declaration is effective and binding upon either the City or AT&T Oklahoma, this Agreement shall become null and void at the City's option. 5. Modification. This Agreement maybe amended or modified only by a written instrument executed by both Parties. 6. Entire Agreement. This Agreement constitutes the entire agreement between City and AT&T Oklahoma with respect to the subject matter contained herein and supersedes all prior or contemporaneous discussions, agreements, and/or representations of or between City and AT&T regarding the subject matter hereof. 7. Waiver. Failure on the part of either Party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. 8. Miscellaneous. (A) AT&T Oklahoma and City each hereby warrants that it has the requisite power and authority to enter into this Agreement and to perform according to the terms hereof. (B) The headings used in this Agreement are inserted for convenience or reference only and are not intended to define, limit or affect the interpretation of any term or provision hereof. The singular shall include the plural; the masculine gender shall include the feminine and neutral gender. (C) Nothing contained in this Agreement is intended or shall be construed as creating or conferring any rights, benefits or remedies upon, or creating any obligations of the Parties hereto toward any person or entity not a party to this Agreement, unless otherwise expressly set forth herein. Page 6 of 7 (D) This Agreement shall not be exclusive and the City expressly reserves the right to enter into similar agreements with any other company offering the same or similar video services at any time. (E) The geographic area covered by this Agreement shall be the incorporated limits of the City of Owasso, Oklahoma, as such area now exists or may be modified in the future by annexation or deannexation. (F) The parties agree that either Tulsa County District Court (14`h Judicial District) or the United States District Court for the Northern District of Oklahoma shall be the sole and exclusive forum for any judiciable disputes concerning this Agreement. 9. Bindin Effect. This Agreement shall be binding upon and for the benefit of each of the Parties and their respective principals, managers, City Council members, offices, directors, shareholders, agents, employees, attorneys, successors and assigns and any parents, subsidiaries or affiliated corporations or entities, as applicable. IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have executed this Agreement as of the day of 2008. AT&T Oklahoma: Name: Donald E. Cain Title: President -Oklahoma City: APPROVED by the City Council of The City of Owasso, Oklahoma, on the day of , 2008. MAYOR ATTEST: City Clerk REVIEWED as to form and legality this day of , 2008. City Attorney Page 7 of 7 AGREEMENT This Agreement ("Agreement") is made and entered into this day of 2008, by and between the City of Owasso, a municipal corporation, hereinafter referred to as the "City," and CoxCom, Inc., a Delaware corporation hereinafter referred to as "Cox" or "Company," with Cox and City sometimes separately referred to hereinafter as a "party," and sometimes collectively as "parties." WHEREAS, Cox has operated a cable system and provided cable service in the City pursuant to a permit (Ordinance No. 493) approved on December 20, 1994; and WHEREAS, the City's role as manager of its rights-of--way and regulator of cable service providers requires it to ensure a fair and level playing field for all service providers; and WHEREAS, Cox has requested, and the City has agreed, to amend and restate Cox's permit pursuant to the terms contained herein, thereby ensuring a fair and level playing field for all video providers in the City; and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements hereinafter set forth, the parties agree as follows: 1. Term of Agreement: This non-exclusive Agreement shall take effect upon approval hereof by Cox and by the City Council of the City and shall be effective for a term of five (5) years thereafter. Prior to the end of this term, the parties agree to enter into good faith negotiations regarding a possible renewal and/or modification and/or extension of this Agreement. 2. Nature of Agreement: (A) No privilege or exemption shall be granted or conferred by this Agreement except those specifically prescribed herein. (B) Any right or power in, or duty impressed upon, any officer, employee, department, or board of the City by this Agreement shall be subject to transfer by the City to any other officer, employee, department, or board of the City. (C) This Agreement shall not relieve Cox of any existing obligations involved in obtaining permits, pole or conduit space from any department of the City, utility company, or from others maintaining utilities in streets. (D) This Agreement shall be a privilege to be held in personal trust by Cox for the benefit of the public. Said privilege cannot in any event be sold, transferred, leased, assigned or disposed of (except to an affiliate of Cox), including but not limited to, by forced or voluntary sale, merger, consolidation, receivership or other means without the prior written consent of the City, and then only under such conditions as the City may Page l of 6 establish. Such consent as required by the City shall not, however, be unreasonably withheld. 3. Obligations of Cox: (A) During the term of this Agreement, Cox shall pay to City a fee equal to 5% of the gross revenues of Cox and its affiliates collected from each subscriber to Cox's Cable Services product, and 5% of the portion of gross revenues from advertising which are defined in subsection 3(A)(3), below; the fee ("Franchise Fee") maybe identified and passed through on any subscriber bill by Cox, and all such fees collected will be forwarded to City quarterly and shall be due forty-five (45) days after the end of each quarter. (1) For purposes of this Agreement, gross revenues are limited to the following: (i) recurring charges for Cable Services; (ii) event-based charges for Cable Services, including but not limited to pay-per-view and video-on-demand charges; (iii) rental of set top boxes and other Cable Services equipment; (iv) service charges related to the provision of Cable Services, including, but not limited to, activation, installation, and repair; and (v) administrative charges related to the provision of Cable Services, including, but not limited to, service order and service termination charges; (vi) amounts billed to Cable Services subscribers to recover the Franchise Fee authorized by this section. (2) For purposes of this Agreement, gross revenues do not include: (i) Uncollectible fees, provided that all or part of uncollectible fees which is written off as bad debt but subsequently collected, less expenses of collection, shall be included in gross revenues in the period collected; (ii) late payment fees; (iii) revenues from contracts for in-home maintenance service unless they relate solely to maintenance on equipment used only for the provisioning of Cable Services and not for the provisioning of any other service provided by Cox or its affiliates; (iv) amounts billed to Cable Services subscribers to recover taxes, fees or surcharges imposed upon Cable Services subscribers in connection with the provision of Cable Services, other than the Franchise Fee authorized by this section; (v) revenue from the sale of capital assets or surplus equipment; or (vi) charges, other than those described in subsection (1), that are aggregated or bundled with amounts billed to Cable Services subscribers. (3) "Gross Revenues" which are subject to the Franchise Fee paid by Cox additionally include a pro rata portion of all revenue collected by Cox pursuant to compensation arrangements for advertising (less any commissions Cox receives from any third parties for advertising) and home-shopping sales derived from the operation of Page 2 of 6 Cox's Cable System within the City. Advertising commissions paid to third parties (excluding any refunds, rebates, or discounts the Company may make to advertisers) shall not be deducted from advertising revenue included in gross revenue. The allocation of advertising and home-shopping revenue referred to above shall be based on the number of subscribers in the City divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement. (4) Bundling discounts shall be apportioned fairly among video and other services. Cox shall not apportion revenue in such a manner as to avoid the Franchise Fee. (5) In the event that any other video services provider, including but not limited to a cable operator or open video service provider, enters into any agreement or makes any arrangement with City during the term of this Agreement whereby it is required or allowed to pay a fee to the City that is similar to the Franchise Fee described herein, City shall allow Cox to substitute the definition of "gross revenue" set forth in that agreement or arrangement for the definition of "gross revenue" set forth in this Agreement immediately upon request of Cox. (6) Cox will grant the City the right to conduct reasonable audits to assure that the Franchise Fee has been properly calculated. (B) Cox and City agree that the Franchise Fee shall be in lieu of all other concessions, charges, excises, franchise, license, privilege, permit fees, taxes, or assessments except sales taxes, personal or real property taxes, and ad valorem taxes. (C) During the term of this Agreement, Cox shall provide to the City one dedicated, noncommercial access channel for use by governmental institutions within the City and one dedicated, noncommercial access channel for use by educational institutions within the City through Cox's Cable System so long as City and educational institutions designated by the City provide any educational or governmental programming content in a standard format compatible with Cox's technology. City and educational institutions designated by the City shall provide this programming, and Cox shall receive this programming, at Cox's head location in the City. City and educational institutions designated by the City will be solely and individually responsible for their own programming content. (D) Cox shall comply with the federal Emergency Alert System regulations (47 C.F.R. Part 11). (E) The parties agree to consult in the event that, after execution of this Agreement, any court, agency, commission, legislative body, or other authority of competent jurisdiction issues a finding that limits the validity or enforceability of this Agreement, in whole or in part. Should the finding be final, non-appealable and binding upon either City or Company, this Agreement shall be deemed modified or limited to the extent necessary to address the subject of the finding unless either party, within thirty (30) days of receipt of the ruling, provides written notice to the other party of election to Page 3 of 6 terminate, in which case this Agreement shall terminate within six (6) months or such earlier period as the parties mutually may agree. Where the effect of a finding is a modification, the parties shall enter into good faith negotiations to modify this Agreement in the manner which best effectuates its overall purposes and the intentions of the parties. Failure to reach a mutually satisfactory modification within ninety (90) days of the commencement of such efforts shall entitle either party to terminate the Agreement on the provision of thirty (30) days' written notice. In addition to the termination rights set forth above, Cox shall have the right to terminate this Agreement and all obligations hereunder upon ninety (90) days notice to the City, if (i) state or federal law changes in a manner that would allow Cox to opt into franchise requirements that are, in Cox's sole judgment, more beneficial than those contained herein; or (ii) another provider of video services is permitted, through a City authorization or otherwise, to use the public rights-of--way to provide video services on terms that are, in Cox's sole judgment, more beneficial than those contained herein. (F) Cox shall determine, in its sole discretion where in the City its facilities shall be constructed, operated, maintained, repaired and upgraded to provide, and where in the City to provide its Cable Services. However, Cox agrees that it will offer Cable Service to all residential subscribers residing within its current service footprint within the boundaries of the City, subject to density, technical feasibility, and access limitations based on standard industry practice (e.g., density limitation of forty (40) homes per mile, authorized access to private property/developments, etc.). 4. Obligations of City. City will not attempt to nor subject the provision of Cox's Cable Service to regulation under any provision of the City's cable television or broadband telecommunications franchise ordinance or similar ordinance(s) that are inconsistent with or more burdensome than those contained herein. In addition: (A) City agrees to subject the construction and installation of the facilities that will be used in whole or in part to provide Cox's Cable Service to the same process and review as it subjects the installation and construction of traditional telecommunications infrastructure; (B) City agrees not to unreasonably block, restrict, or limit the construction and installation of facilities that will be used in whole or in part to provide Cox's Cable Service; (C) City agrees to process any and all applicable permits for the installation, construction, maintenance, repair, removal, and other activities associated with placement of communications or transmission facilities of any kind in a timely and prompt manner; (D) Cox represents and claims that its Cable Service is a "cable service" under federal law and will comply with all obligations imposed by federal law on cable operators. This Agreement shall not apply to any service Cox provides that is not a "cable service" as such service is defined under federal law. Page 4 of 6 5. Modification. This Agreement maybe amended or modified only by a written instrument executed by both Parties. 6. Entire Agreement. This Agreement constitutes the entire agreement between City and Cox with respect to the subject matter contained herein and supersedes all prior or contemporaneous discussions, agreements, and/or representations of or between City and Cox regarding the subject matter hereof. Specifically, this Agreement replaces the permit granted by Ordinance No. 493. 7. Waiver. Failure on the part of either Party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. 8. Miscellaneous. (A) Cox and City each hereby warrants that it has the requisite power and authority to enter into this Agreement and to perform according to the terms hereof. (B) The headings used in this Agreement are inserted for convenience or reference only and are not intended to define, limit or affect the interpretation of any term or provision hereof. The singular shall include the plural; the masculine gender shall include the feminine and neutral gender. (C) Nothing contained in this Agreement is intended or shall be construed as creating or conferring any rights, benefits or remedies upon, or creating any obligations of the Parties hereto toward any person or entity not a party to this Agreement, unless otherwise expressly set forth herein. (D) This Agreement shall not be exclusive and the City expressly reserves the right to enter into similar agreements with any other company offering the same or similar video services at any time. (E) The geographic area covered by this Agreement shall be the incorporated limits of the City of Owasso, Oklahoma, as such area now exists or may be modified in the future by annexation or deannexation. (F) The parties agree that either Tulsa County District Court (14th Judicial District) or the United States District Court for the Northern District of Oklahoma shall be the sole and exclusive forum for any judiciable disputes concerning this Agreement. 9. Bindin Eg ffect. This Agreement shall be binding upon and for the benefit of each of the Parties and their respective principals, managers, City Council members, offices, directors, shareholders, agents, employees, attorneys, successors and assigns and any parents, subsidiaries or affiliated corporations or entities, as applicable. Page 5 of 6 10. Definitions. The following words, terms and phrases, when used in this Agreement, shall have the meanings ascribed to them in this section: (A) "Cable service" shall have the same meaning as contained in federal statutes, 47 U.S.C. §542(6) on the effective date of this Agreement. (B) "Cable System" shall have the same meaning as contained in federal statutes, 47 U.S.C. §542(7) on the effective date of this Agreement. IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have executed this Agreement as of the day of , 2008. CoxCom, Inc.: Name: David A. Bialis Title: Vice President, General Manager City: APPROVED by the City Council of The City of Owasso, Oklahoma, on the day of , 2008. MAYOR ATTEST: City Clerk REVIEWED as to form and legality this day of , 2008. City Attorney Page 6 of 6 Isearch Results Page 1 of 4 ' Dear Representative Adkins: This office has received your request for an official Attorney General Opinion in which you ask, in ~ effect, the following questions: Are "owners of any telegraph or telephone lines" and "telephone or telegraph corporation s or association s authorized to do a ...transmission business ...for such purpose" in the state of Oklahoma ~ pursuant to 18 O.S. 601(a) (2001) and OKLA. CONST. Article IX ,Section 2 required to obtain municipal franchise agreements prior to: 1. using their facilities located within public rights-of--way to provide transmission services in addition to voice service; or 2. upgrading and/or adding to their facilities that are already located in public rights-of--way if those facilities could be used to provide transmission services in addition to voice service? ^ Information obtained pursuant to your Opinion request indicates that a telephone company wishes to begin providing new services, such as video programming, to consumers in addition to voice service. ' Offering such service will require using the company's existing facilities, as well as adding new facilities, in the public rights-of--way. Your questions require an analysis of Oklahoma's constitutional and statutory provisions regarding telephone companies, as well as the authority of municipalities to ~ require fees or franchises for use of their public rights-of--way. CONSTITUTIONAL PROVISIONS AFFECTING TELEPHONE COMPANIES Article IX ,Section 2 of the Oklahoma Constitution grants to certain entities, including telephone companies, statewide authority to construct and operate lines to provide their services. Article IX ,Section 2 reads as follows: "Every railroad, oil pipe, car, express, telephone or telegraph corporation or association organized or authorized to do a transportation or transmission business under the laws of this State for such purpose, shall, each respectively, have the right to construct and operate its line between any points in this State, and as such to connect at the State line with like lines; and every such company shall have the right with its road or line, to intersect, connect with, or cross any railroad or such line." Id. (emphasis added). Article IX ,Section 34 of the Constitution defines "transmission company" to include "any company, receiver or other person owning, leasing or operating for hire any telegraph or telephone line." Further, "the term public service corporation' shall include all ...transmission companies." Id. Telephone companies also qualify as "telecommunications carriers" under 17 O.S. 139.102(27) (2005), and are required to obtain a Certificate of Convenience and Necessity to provide services in the State.l 17 O.S. 131(A) (2001). Thus, telephone companies are transmission companies, public service corporations and telecommunications carriers. In Oklahoma, telephone companies are regulated by the Corporation Commission. See OKLA. CONST. Article IX ,Section 18; 17 O.S. 131 - 17O.S. 139.2 (2001-2005), 17 O.S. 139.101 - 17 O.S. 139.110. Courts have determined that providing telephone service is an issue of statewide interest. In City of Tulsa v. Southwestern Bell Telephone Co., 5 F. Supp. 822 (N.D. Okla. 1934), affd, 75 F.2d 343 (10th Cir. 1935), the court found that allowing telephone companies use of public rights-of--way was important because "a system of communication by telephone is of more than local interest ....The matter of httn://www.okle~al.~nenet_net/nklegal-c~i/i~earch ai~i~nnR Isearch Results Page 2 of 4 providing for such a method of communication is clearly one of state-wide concern ...." Id. at 827. As discussed below, however, the Legislature allowed for municipalities' interests in their public rights-of- way by giving them some control over the placement of telephone lines. MUNICIPAL CONTROL OVER PUBLIC RIGHTS-OF-WAY The Oklahoma Legislature implemented OKLA. CONST. Article IX ,Section 2 by granting telephone companies access to points throughout the state, including within municipalities, as follows: "There is hereby granted to the owners of any telegraph or telephone lines operated in this state the right-of--way over lands and real property in this state, and the right to use public grounds, streets, alleys and highways in this state, subject to control of the proper municipal authorities as to what grounds, streets, alleys or highways said lines shall run over or across, and the place the poles to support the wires are located." 2 Title 18 O.S. 601(a) (2001) (emphasis added). Although telephone companies have statewide authorization to use the public rights-of--way, by constitutional and statutory provisions municipalities retain control over the placement and regulation of telephone lines within their boundaries. "No grant, extension, or renewal of any franchise or other use of the streets, alleys, or other public grounds or ways of any municipality, shall divest the State, or any of its subordinate subdivisions, of their control and regulation of such use and enjoyment. "Nor shall the power to regulate the charges for public services be sun endered; and no exclusive franchise shall ever be granted." OKLA. CONST. Article XVIII ,Section 7 -see also OKLA. CONST. Article IX ,Section 18 (reserving right of municipalities to "prescribe rules, regulations, or rates of charges" for public service corporations within municipal limits). Generally, municipalities may regulate use of their public rights-of--way as follows: "The title to streets, roads and public ways within the limits of a municipality which have been dedicated and accepted by the municipal governing body is held by the municipality in trust for public use and enjoyment. "A municipal governing body may, in the manner provided by law: "1. Regulate and control the use of streets, roads and other public ways within the limits of the municipality; " 2. Authorize the execution of any and all contracts, easements and permits for the use of roads, streets, and other public ways as the governing body deems to be in the public interest." Title 11 O.S. 36-101 (2001). Further, municipalities "may impose a reasonable charge as compensation for the space in streets which is occupied by the operator of a public utility, or for the use of streets." 64 C.J.S. Municipal Corporations s 1496 (2005); see, e.g., City of Little Rock v. AT&T Communications, 888 S.W.2d 290, 292-93 (Ark. 1994). Information obtained pursuant to your Opinion request indicates that "licensed littn•//www nklPaal nnPnPt nat/nklPaal_noi/icPamh d/2/7fl(1R Isearch Results Page 3 of 4 ' providers of telecommunications services have for many years voluntarily complied with various municipal ordinances requiring payment of an annual inspection fee designed to compensate municipalities for expenses incurred in managing their rights-of--way. These inspection fees have ' traditionally been a percentage of local exchange service revenue." Discussion Draft Opinion, n. 1 (on file with Attorney General's Office). Under OKLA. CONST. Article XVIII ,Section 5(a), municipalities may grant franchises to certain companies, including utilities, that will use the streets and public ways in conducting their business. Id.; see Okla. Gas & Elec. Co. v. Total Energy, Inc., 499 P.2d 917, 922 (Okla. 1972). A municipality has no power, however, to grant a franchise to a telephone company when the right to use the public rights of- way for operating its business has already been granted to the company directly by the Constitution or the Legislature. S. McAlester-Eufaula Tel. Co. v. State ex rel. Baker-Reidt Mercantile Co., 106 P. 962, 967 (Okla. 1910) (citation omitted); A.G. Opin. 99-019 at 87. As stated above, Oklahoma's Constitution has already granted that right to telephone companies. OKLA. CONST. Article IX ,Section 2 A TELEPHONE COMPANY MAY PROVIDE SERVICES OTHER THAN VOICE SERVICE OVER ITS LINES WITHOUT BEING REQUIRED TO OBTAIN A MUNICIPAL FRANCHISE. You ask whether a telephone company is required to obtain a separate franchise agreement from a municipality, in addition to the statewide authorization granted in OKLA. CONST. Article IX ,Section 2 and 18 O.S. 601(a) (2001), to use the municipality's public rights-of--way to provide video service over its lines. The answer is no. Oklahoma law does not define "telephone line." As technology has changed since the constitutional provisions were enacted regarding telephone companies and their lines, the Legislature has decided to ~ regulate telephone companies, among others, as "telecommunications carriers." See Oklahoma Telecommunications Act of 1997, 17 O.S. 139.101 - 17 O.S. 139.110 (2001-2005) hereinafter Telecom ' Act; see also Footnote 1. Among telecommunications carriers, telephone companies that had furnished local exchange service in the state before July 1, 1995 were deemed "incumbent local exchange telecommunications service providers" or "ILECs." 17 O.S. 139.102(10) (2005). Under the Telecom ~ Act, the plant and equipment needed to provide telecommunications service are called "facilities," a term defined broadly enough to encompass not only telephone lines, but also wires, poles, cables, switches, receivers, transmitters, and any other equipment necessary to provide telephone (or other telecommunications) service. ""Facilities" means all the plant and equipment of a telecommunications service provider, including all tangible and intangible real and personal property without limitation, and any and all means and instrumentalities in any manner owned, operated, leased, licensed, used, controlled, furnished, or supplied for, by, or in connection with the regulated business of any telecommunications service provider." Title 17 O.S. 139.102(8) (2005). A "telephone line" does not cease to be a telephone line because it is used for transmitting video service in addition to voice service. Although we can find no Oklahoma cases on this point, cases in other jurisdictions that grant telephone companies statewide access to public rights-of--way have decided this _ issue. For example, in Pacific Telephone & Telegraph Co. v. City of Los Angeles, 282 P.2d 36 (Ca1.1955), the trial court found that a telephone company was entitled to use its lines for transmitting various services, httn://www.okle~al.onenet.net/~kle~al-c~i/isearch 4/~/2(1(1R Isearch Results Page 4 of 4 including television broadcasts. In this case a city wanted a telephone company to obtain a municipal franchise to use its rights-of--way, contending that the telephone company's statewide authorization was limited to transmitting "articulate speech." Id. at 42. The California Supreme Court disagreed, saying that the law granting the company statewide authorization to construct and operate telephone lines along public rights-of--way did not restrict what could be transmitted by electrical impulses over those lines. Id. The same court reiterated this idea in Television Transmission, Inc., v. Public Utilities Commission, 301 P.2d 862, 865 (Cal. 1956) ("Pacific Telephone and Telegraph Company was unquestionably a telephone corporation, and it remained a telephone corporation and its lines remained telephone lines, even though they were incidentally used to transmit other forms of communication."). Courts construing telephone companies' power of eminent domain have used similar reasoning to determine that the companies' installation of new coaxial cable to support television transmission as well as voice service did not change their status as telephone companies, or negate the status of their facilities as telephone lines. ("The primary purpose for which the coaxial cable is being installed is to provide telephone and telegraph circuits and in addition to these uses it no doubt will be used in the future for television purposes ....The transmission of television is merely an advancement or improvement in the art of telegraphy and telephony and therefore the right of eminent domain for telegraph and telephone purposes ... is applicable to television.") Ohio Tel. & Tel. Co. v. Steen, 85 N.E.2d 579, 580 (Ohio 1949). See also Ball v. Am. Tel. & Tel. Co., 86 So.2d 42, 45 (Miss. 1956) ("We should not construe the eminent domain statutes so as to require the telephone and telegraph companies to secure new easements for every new device that employs the use of electrical impulses even when the new device performs a function other than the transmission of sound or articulate voice ....Television transmission is an integral part of the telephone and telegraph business as it has developed and now exists."). Using the reasoning in these cases, we conclude that a telephone company that already possesses statewide authority to place its telephone lines in the public rights-of--way need not obtain a separate municipal franchise to provide additional services, including video programming, over its telephone lines.3 It is, therefore, the official Opinion of the Attorney General that: A telephone company that already possesses statewide authority to place its telephone lines in the public rights-of--way need not obtain a separate municipal franchise to provide additional services, including video programming, over its telephone lines. OKLA. CONST. Article IX ,Section 2 ( DEBRA SCHWARTZ ) L_ t,++r•~~«n,,.,, ,.>rto„~t ,,,,o„o+ „o+i„t>to...,t ,.,.;i;~o.,,-,.t, n i~ i~nno