The URL can be used to link to this page

Home My WebLink About2008.04.15_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: April 15, 2008 TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall 5:00 p.m. on Friday, April 11, 2008. x . G A C J#15ann M. Stevens, Deputy City Clerk AGENDA 1. Call to Order Mayor Stephen Cataudella 2. Invocation Linzy Slayden, Friendship Baptist Church 3. Flag Salute 4. Roll Call S: W gendas \Counci1\2008 \0415.doc Owasso City Council April 15, 2008 Page 2 5. Reading of the Mayor's proclamation. Mayor Stephen Cataudella The Mayor will read a statement of support, executed by the City Manager, pledging the City of Owasso's commitment to support employees who serve in the National Guard and Reserve. 6. Reading of the Mayor's Proclamation Mayor Stephen Cataudella Attachment # 6 The Mayor will read a proclamation declaring Friday, May 9, 2008 as "American Cancer Society, Relay for Life Day" in the City of Owasso and encourage all citizens to participate in the relay event and support the American Cancer Society in the fight against Cancer. 7. Reading of the Mayor's Proclamation Mayor Stephen Cataudella Attachment # 7 The Mayor will read a proclamation declaring April 27, 2008 through May 3, 2008 as "National Volunteer Week" in the City of Owasso and encourage all citizens to show their appreciation to the many individuals who dedicate their time for the betterment of the community. 8. Consideration and appropriate action relating to a request for Council approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non- debatable. A. Approval of Minutes of the April 1, 2008 Regular Meeting and April 8, 2008 Special Meeting. Attachment # 8 -A B. Approval of Claims. Attachment # 8 -B Owasso City Council April 15, 2008 Page 3 C. Acknowledgement of receiving the monthly FY 2007 -2008 budget status report. Attachment # 8 -C D. Acceptance of the Wedel Centre Water Systems Improvements, located north of the intersection of E. 116th Street North and N. Garnett Road and consisting of approximately 990 linear feet of 8' PVC water line and all appurtenances. Attachment # 8 -D E. Acknowledgement of receiving Agreements for Urban Engineering Services from Coon Engineering, Incorporated; Cox & Associates, Incorporated; and, authorization for the Mayor to execute each agreement. Attachment # 8 -E 9. Consideration and appropriate action relating to a request for Council approval of a final plat for the Villas at Stonebridge, proposing thirty -eight lots on 5 acres, located on E. 76th Street North, immediately west of the Crown Colony subdivision. Ms. Damaby Attachment # 9 Staff will recommend Council approval of the Villas at Stonebridge Final Plat. 10. Consideration and appropriate action relating to a request for Council approval of a final plat for the Temple Business Park, proposing one lot on approximately 1.28 acres, located on N. Main Street, east of the Owasso 7th Grade Center and west of the Brookwood Apartments. Ms. Darnaby Attachment # 10 Staff will recommend Council approval of the Temple Business Park Final Plat. Owasso City Council April 15, 2008 Page 4 11. Consideration and appropriate action relating to a request for Council approval of annexation request OA 08 -01, consisting of approximately 5 acres, located at 10602 E. 97" East Avenue. Ms. Darnaby Attachment #11 Staff will recommend Council approval of annexation request OA 08 -01. 12. Consideration and appropriate action relating to a request for Council acceptance of Phase I of the N. Garnett Regional Detention Project and authorization for final payment to McGuire Brothers Construction Company in the amount of $20,003.80. Mr. Stevens Attachment # 12 Staff will recommend Council acceptance of Phase I of the N. Garnett Regional Detention Project, 60" Storm Sewer Construction Project and final payment in the amount of $20,003.80 to McGuire Brothers Construction Company for a total contract amount of $130,490.50. 13. Consideration and appropriate action relating to a request for Council approval to create a payback area associated with the Firestation No. 3 Waterline Extension Project valued at $78,632.50. Mr. Stevens Attachment # 13 Staff will recommend Council approve the creation of a payback area associated with the construction of the Fire Station No. 3 Waterline Extension project, such payback area to include 38.26 acres of undeveloped property located in the NE 1/4 of the SW '/a of Section 16 at a fee of $2002.94 per acre. Owasso City Council April 15, 2008 Page 5 14. Consideration and appropriate action relating to a request for Council approval of an agreement between the City of Owasso and AT &T, and an additional agreement between the City of Owasso and Cox Communications, as authorized and compelled by provisions within the Oklahoma State Constitution, the Oklahoma State Statutes, Oklahoma court opinions and decisions and by the federal Telecommunications Act, providing for an upgrade of the companies' existing facilities and equipment currently located within the City such that increased and enhanced telecommunication and cable services may be provided by AT &T and Cox Communications within the City of Owasso; and, for additional authorization for the Mayor to execute both agreements. Ms. Lombardi Attachment # 14 Staff will recommend Council approval of the agreement between the City of Owasso and AT &T, and also of the agreement between the City of Owasso and Cox Communications, for the purpose of allowing AT &T and Cox Communications to upgrade their existing facilities within the City and thereby be enabled to provide increased and enhanced telecommunication and cable services within the City of Owasso in exchange for the quarterly payment of a fee by AT &T and Cox Communications to the City of Owasso equal to five (5) percent of each company's gross revenue, including advertising income, generated from the enhanced telecommunications services provided by the company within the City of Owasso. 15. Report from City Manager. 16. Report from City Attorney. 17. Report from City Councilors. 18. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) Owasso City Council April 15, 2008 Page 6 19. Adjournment. A reception honoring the community service of Councilor Susan Kimball Neill be held in the Council Chambers of Old Central immediately following the conclusion of the Owasso Golf Authority Meeting. The public is invited to attend. PROCLAMA TION CITY OF OWASSO, OKLAHOMA WHEREAS, The American Cancer Society is a nationwide community-based voluntary health organization dedicated to eliminating cancer as a major health problem; and, WHEREAS, the annual twelve hour Relay For Life Event is a unique and effective means of promoting community good will, while raising monetary donations to aid the American Cancer Society in research, education, advocacy and service; and, WHEREAS, the 2008 Owasso Relay For Life allows a community to grieve for those lost to cancer and to celebrate the lives of those who have survived. It offers an opportunity for individuals to gather around each other and share information and resources to aid in the battle; and, WHEREAS, the Owasso Relay For Life Event greatly increases community awareness of cancer and builds a strong sense of relationship and camaraderie among its participants. NOW, THEREFORE, I, Stephen Cataudella, by virtue of the authority vested in me as Mayor of the City of Owasso, do hereby proclaim Friday, May 9, 2008 as AMERICAN CANCER SOCIETY RELAY FOR LIFE II in the city of Owasso, Oklahoma, and encourage all citizens to attend the annual Relay for Life event and support the American Cancer Society in its fight against cancer. IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Owasso to be affixed this 15th day of April, 2008. Stephen Cataudella, Mayor PROCLAMATION CITY OF OWASSO, OKLAHOMA WHEREAS, The City of Owasso is proud to recognize persons who actively contribute to the betterment of the community; and, WHEREAS, the entire community can inspire, equip and mobilize others to take action and make positive change throughout their communities, region, state, and country; and, WHEREAS, our nation's volunteer force of over 64 million people is a great treasure as volunteers are vital to our future as a caring and productive society; and, WHEREAS, often the giving of one's personal time to assist another empowers the giver and the recipient; and, WHEREAS, Since 1974, National Volunteer Week has been celebrated annually during the third full week of April, where volunteers are recognized for their commitment to helping others. NOW, THEREFORE, I, Stephen Cataudella, by virtue of the authority vested in me as Mayor of the City of Owasso, do hereby proclaim April 27, 2008 — May 3, 2008 as NATIONAL VOLUNTEER- WEEK in the City of Owasso and urge all Citizens to seek volunteer opportunities and discover the power to make a difference in the lives of others. IN WITNESS THEREOF, 1 have hereunto set my hand and caused the seal of the City of Owasso to be affixed this 15`h day of April, 2008. Steve Cataudella, Mayor OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, April 1, 2008 The Owasso City Council met in regular session on Tuesday, April 1, 2008 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Friday, March 28, 2008. ITEM 1. CALL TO ORDER Mayor Cataudella called the meeting to order at 6:30 p.m. ITEM 2. INVOCATION The invocation was offered by Pastor Steve Johnson, Baptist Chapel. ITEM 3. FLAG SALUTE The flag salute was led by Vice Mayor D.J. Gall. ITEM 4. ROLL CALL PRESENT Steve Cataudella, Mayor D.J. Gall, Vice Mayor Doug Bonebrake, Councilor A quorum was declared present. STAFF Rodney Ray, City Manager Julie Lombardi, City Attorney ABSENT Jon Sinex, Councilor Susan Kimball, Councilor ITEM 5. PRESENTATION OF THE CHARACTER TRAIT OF PERSUASIVENESS Fire Chief Bradd Clark, a member of the Owasso Character Council, presented to the Council "Persuasiveness," the Character Trait of the Month for April, 2008. Owasso City Council April 1, 2008 ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the March 18, 2008 Regular Meeting. B. Approval of Claims. C. Acknowledgement of receiving Agreements for Urban Engineering Services from BKL, Incorporated and Tulsa Engineering and Planning Associates; and, authorization for the Mayor to execute each agreement. D. Consideration and appropriate action relating to a request for Council approval of Ordinance No. 914, an ordinance approving rezoning request OZ 08 -02 for property located at 11102 E. 126th Street North from AG (Agriculture) to CS (Commercial Shopping) Zoning District. Mr. Bonebrake moved, seconded by Mr. Gall, to approve the Consent Agenda with claims totaling $167,951.43. Also included for review were the healthcare self - insurance claims report, and the payroll payment report for pay period 3/15/08. YEA: Bonebrake, Cataudella, Gall NAY: None Motion carried 3 -0. ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ADOPTION OF RESOLUTION NO. 2008 -01, A RESOLUTION AMENDING THE PRIORITY DETERMINATION OF THE CAPITAL IMPROVEMENT PROJECTS ELIGIBLE TO RECEIVE FUNDING FROM THE CAPITAL IMPROVEMENTS FUND Mr. Wiles presented the item and recommended Council adoption of Resolution No. 2008 -01, a resolution amending the priority determination of the Capital Improvement Projects eligible to receive funding from the Capital Improvements Fund in FY 2008 -2009 to include: 1. Street Improvement/Repair Program 2. Sports Park 3. East 86th Street North Widening Project 4. East 106th Street North and North Garnett Road Intersection Improvements 5. Tulsa Community College /Tulsa Technology Center Road Construction Project and Land Acquisition Owasso Citizen, Mr. Charlie Brown, addressed the Council speaking in opposition of the item. 2 Owasso City Council April 1, 2008 Mr. Bonebrake moved, seconded by Mr. Gall, for Council adoption of Resolution No. 2008 -01, as recommended. YEA: Bonebrake, Cataudella, Gall NAY: None Motion carried 3 -0. ITEM 8. REPORT FROM CITY MANAGER Mr. Ray introduced Dr. Thomas McKeon, President of Tulsa Community College. Dr. McKeon addressed the Council regarding the potential for excellent partnership opportunities between TCC and Owasso. ITEM 9. REPORT FROM CITY ATTORNEY No report ITEM 10. REPORT FROM CITY COUNCILORS No report ITEM 11. NEW BUSINESS None ITEM 12. ADJOURNMENT Mr. Gall moved, seconded by Mr. Bonebrake, to adjourn. YEA: Bonebrake, Cataudella, Gall NAY: None Motion carried 3 -0 and the meeting was adjourned at 6:55 p.m. Pat Fry, Minute Clerk 3 Stephen Cataudella, Mayor OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, April 8, 2008 The Owasso City Council met in a special meeting on Tuesday, April 8, 2008 in the Main Conference Room at City Hall, 111 N. Main Street, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 PM on Friday, April 4, 2008. ITEM 1: CALL TO ORDER. Mayor Cataudella called the meeting to order at 6:02 PM. PRESENT ABSENT Steve Cataudella, Mayor DJ Gall, Vice Mayor Doug Bonebrake, Councilor Susan Kimball, Councilor John Sinex, Councilor A quorum was declared present. ITEM 2 DISCUSSION RELATING TO COMMUNITY DEVELOPMENT DEPARTMENT ITEMS A. REQUESTS FOR ANNEXATION (1) B. REQUESTS FOR FINAL PLATS (2) Mr. Rooney reviewed the above items. The annexation item was unanimously approved by the Planning Commission and right -of -way was obtained from the owner for the eventual intersection improvements at that location. Both final plats were also unanimously approved by the Planning Commission with no public opposition. It was explained that all items would be forwarded to the City Council for action on the April 15, 2008 regular meeting. ITEM 3 DISCUSSION RELATING TO PUBLIC WORKS DEPARTMENT ITEMS A. PROPOSED FIRE STATION NO. 3 WATERLINE EXTENSION PAYBACK AGREEMENT B. PROPOSED FIRE STATION NO. 3 SANITARY SEWER EXTENSION PAYBACK AGREEMENT C. PROPOSED ACCEPTANCE AND FINAL PAYMENT FOR PHASE I OF THE N. GARNETT ROAD REGIONAL DETENTION PROJECT Owasso City Council April 8, 2008 Mr. Rooney reviewed the above items. It was explained that while there were a sufficient number of tracts that would benefit from the waterline construction — thus allowing for the development of a payback agreement, there were not enough tracts that would benefit from the short sewer line that was constructed as they could tie into existing lines in other areas. Phase I of the Garnett Regional Detention Project is completed and will also be forwarded to the City Council for action at the April 15, 2008 meeting. ITEM 4 DISCUSSION RELATING TO FIRE DEPARTMENT ITEMS A. UPDATE REGARDING THE FIRE STATION NO. 3 CONSTRUCTION PROJECT Mr. Rooney and Mr. Vorba reviewed the status update regarding the Fire Station No. 3 slab concerns. It was explained that the next recommended step in the process would be to seal the major cracks and load test the slab. Mr. Rooney explained that this would be occurring in the near future. ITEM 5 DISCUSSION RELATING TO CITY MANAGER ITEMS A. IAFF NEGOTIATIONS B. PELIVAN TRANSIT C. PROPOSED AGREEMENTS BETWEEN THE CITY OF OWASSO AND AT &T /COX COMMUNICATIONS D. FY 08 -09 BUDGET Mr. Rooney reviewed the above items in the Mr. Ray's absence. It was explained that the proposed agreements would be placed on the April 15, 2008 City Council agenda for action, while the goal for delivering the budget to the City Council is the first meeting in May. ITEM 6: ADJOURNMENT Councilor Sinex motioned, seconded by Councilor Kimball, to adjourn. All were in favor and the meeting was adjourned at 7:45 PM. Mayor 2 Claims List 04/15/08 Budget Unit Title Vendor Name Payable Description Payment Amouni GENERAL AEP /PSO STREET LIGHTS 13.71 CANDLEWOOD SUITES INC REFUND FOR TIMMY & CINDY 3,445.00 TOTAL GENERAL 3,458.71 MUNICIPAL COURT FRANK W AMBRUS BAILIFF SERVICES 350.00 TREASURER PETTY CASH MEETING EXPENSE 30.00 TOTAL MUNICIPAL COURT 380.00 MANAGERIAL TREASURER PETTY CASH COUNCIL MTG EXP 4.32 PAMELA HOLT DESIGN AND INSTALLATION S 740.00 JPMORGAN CHASE BANK LODGING- STEVENS 111.67 CITY GARAGE VEHICLE MAINT -PARTS 83.33 GRAND GATEWAY ECO. DEV. ASSC. PELIVAN TRANSIT 10,493.75 OKLAHOMA MUNICIPAL LEAGUE REGISTRATION FEE - OML LE 225.00 FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 76.15 JPMORGAN CHASE BANK MEETING EXPENSE 78.11 JPMORGAN CHASE BANK PIKEPASS -PASS FEES 22.10 JPMORGAN CHASE BANK PIKEPASS -PASS FEES 20.00 JPMORGAN CHASE BANK PARTY PERFECT - SUPPLIES 36.00 OFFICE DEPOT INC OFFICE SUPPLIES 70.52 USAMOBILITY METROCALL PAGER USE 6.95 JPMORGAN CHASE BANK KUM & GO /FUEL 45.00 JPMORGAN CHASE BANK MEETING EXPENSE 51.94 JPMORGAN CHASE BANK MEETING EXPENSE 95.07 JPMORGAN CHASE BANK MEETING EXPENSE 33.51 JPMORGAN CHASE BANK MEETING EXPENSE 45.35 TOTAL MANAGERIAL 12,238.77 FINANCE IJANE T ISAACS JRELOC,4TION EXPENSES 812.39 TOTAL FINANCE 812.39 HUMAN RESOURCES JPMORGAN CHASE BANK CDW -ADOBE CONTRIBUTE 154.80 TENNESSEE MUNICIPAL LEAGUE ADVERTISING 36.96 TENNESSEE MUNICIPAL LEAGUE ADVERTISING 92.50 A N Z SIGNS & SHIRTS, INC CHARACTER BANNER 95.00 A N Z SIGNS & SHIRTS, INC CHARACTER BANNER 95.00 CHARACTER TRAINING INSTITUTE CHARACTER BULLETINS 404.01 AMERICANCHECKED, INC ATTN: BILLING BACKGROUND CHECKS 302.85 JPMORGAN CHASE BANK MEETING EXPENSE 6.82 LEAGUE OF KANSAS MUNICIPALITIES ADVERTISING 90.00 TOTAL HUMAN RESOURCES 1,277.94 GENERAL GOVERNMENT TRI -STAR CONSTRUCTION, LLC ICE STORM DEBRIS CLEAN UP 42,030.00 Page 1 Claims List 04/15/08 Budget Unit Title Vendor Name Payable Description Payment Amouni GENERAL GOVERNMENT... LOWES HOME IMPROVEMENT WAREHOUSE PHYSICAL PROPERTY SUPPLIE 28.43 JPMORGAN CHASE BANK D & SONS - LAWN /CITY HALL 560.00 OFFICE DEPOT INC OFFICE SUPPLIES 63.88 NEOPOST LEASING, INC POSTAGE MACHINE LEASE 389.00 TULSA COUNTY CLERK ATTN: KATHY SHEL FILING FEES 47.00 HEARTLAND CONSULTING, INC APRIL CONSULTING FEES 10,500.00 COMMUNITY PUBLISHERS INC DBA NEIGHB PUBLICATION OF LEGAL NOTI 103.60 COMMUNITY PUBLISHERS INC DBA NEIGHB PUBLICATION OF LEGAL NOTI 98.00 COMMUNITY PUBLISHERS INC DBA NEIGHB PUBLICATION OF LEGAL NOTI 184.80 INDIAN NATIONS COUNCIL OF GOVERNMEN LEGISLATIVE CONSORTIUM FY 783.25 AMERICAN WASTE CONTROL INC FRONT LOAD SERVICE 129.00 ALPHA ELECTRICAL SERVICES, INC ELECTRICAL SERVICES 4,992.00 IKON OFFICE SOLUTIONS, INC COPIER SERVICES /SUPPLIES 512.95 IIKON OFFICE SOLUTIONS, INC COPIER SERVICES /SUPPLIES 588.70 TOTAL GENERAL GOVERNMENT 61,010.61 COMMUNITY DEVELOPMENT CITY GARAGE VEHICLE MAINT -PARTS 166.66 JPMORGAN CHASE BANK WALMART- MEETING EXPENSE 35.49 USAMOBILITY METROCALL PAGER USE 13.90 JPMORGAN CHASE BANK SAV -ON PRINTING - STICKERS 276.06 JPMORGAN CHASE BANK BARNES & NOBLE -BOOK 44.43 FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 480.41 TOTAL COMMUNITY DEVELOPMENT 1,016.95 ENGINEERING FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 449.91 CITY GARAGE VEHICLE MAINT -PARTS 166.66 CITY GARAGE VEHICLE MAINT -PARTS 52.50 TOTAL ENGINEERING 669.07 INFORMATION TECHNOLOGY CITY GARAGE VEHICLE MAINT -PARTS 66.66 JPMORGAN CHASE BANK LOWES -TOOLS FOR SERVER 17.95 JPMORGAN CHASE BANK TLIC- ANTIVIRUS SUBSCRIP. 2,897.75 COX COMMUNICATIONS INTERNET FEES 379.95 TOTAL INFORMATION TECHNOLOGY 3,362.31 IT - IT SOFTWARE PROJECT JJPMORGAN CHASE BANK DELL - SUNGARD SERVERS 10,102.24 TOTAL IT - IT SOFTWARE PROJECT 10,102.24 SUPPORT SERVICES W.W. GRAINGER, INC. DBA GRAINGER BATTERIES 124.35 USAMOBILITY METROCALL PAGER USE 6.95 OFFICE DEPOT INC OFFICE SUPPLIES 50.16 FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 395.10 COX COMMUNICATIONS INTERNET FEES 69.95 Page 2 Claims List 04/15/08 Budget Unit Title Vendor Name Payable Description Payment Amouni SUPPORT SERVICES... FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 328.31 COMMERCIAL POWER SOLUTIONS, LLC GENERATOR REPAIR CITY HAL 105.88 LOWES HOME IMPROVEMENT WAREHOUSE PHYSICAL PROPERTY SUPPLIE 50.26 MURPHY SANITARY SUPPLY PHYSICAL PROP SUPPLIES 65.25 CITY GARAGE VEHICLE MAINT -PARTS 233.33 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 352.76 CITY GARAGE VEHICLE MAINT -PARTS 449.30 CITY GARAGE VEHICLE MAINT -PARTS 480.43 CHEROKEE BUILDING MATERIALS PHYSICAL PROPERTY SUPPLIE 217.60 WAL -MART COMMUNITY PHYSICAL PROPERTY SUPPLIE 22.84 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 20.04 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 20.04 BAILEY EQUIPMENT, INC WEED EATER STRING 29.99 A N Z SIGNS & SHIRTS, INC SIGNS & DECALS 80.00 W.W. GRAINGER, INC. DBA GRAINGER PHYS PROP & REPAIR SUPPLI 82.90 RADIO SHACK PHONE PARTS 9.99 WAL -MART COMMUNITY OPERATING SUPPLIES 15.58 HOME DEPOT INC PAINTING SUPPLIES OC 17.21 IKON OFFICE SOLUTIONS, INC QUARTERLY MAINT RICOH COP 182.40 LIBERTY FLAGS, INC. OKLA FLAGS & CABLE 152.85 DIRT BUSTER'S INC. ACCOUNTS RECEIVE PARKING LOT CLEANING SVC 135.00 TOTAL SUPPORT SERVICES 3,698.47 CEMETERY IFLEETCOR TECHNOLOGIES DBA FUELMAN IFUEL 27.69 TOTAL CEMETERY 27.69 POLICE SERVICES FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 9,800.07 TREASURER PETTY CASH PER DIEM 487.50 JPMORGAN CHASE BANK LODGING -CLEET SCHOOL 220.00 JPMORGAN CHASE BANK MEETING EXPENSE 97.65 JPMORGAN CHASE BANK CHARACTER TRAINING 53.52 JPMORGAN CHASE BANK LODGING -SMITH 70.00 OFFICE DEPOT INC OFFICE SUPPLIES 327.02 JPMORGAN CHASE BANK LODGING EXPENSE 220.00 USAMOBILITY METROCALL PAGER USE 252.46 JPMORGAN CHASE BANK MEETING EXPENSE 41.70 DELL MARKETING L.P. PRINTER TONER CARTRIDGES 539.97 WAL -MART COMMUNITY POLICE OPERATING SUPPLIES 15.24 INTERNATIONAL PUBLIC MGMT ASSOCIATI POLICE PROF & TECH SVCS 385.00 WAL -MART COMMUNITY OPERATING SUPPLIES 41.82 DELL MARKETING L.P. 1815N TONER CARTRIDGE 79.99 DELL MARKETING L.P. 1700 TONER CARTRIDGE 89.99 OWASSO FITNESS ZONE, INC PHYSICAL FITNESS PROGRAM 75.00 ARAMARK UNIFORM & CAREER APPAREL DB POLICE UNIFORM AND EQUIPM 141.19 WAL -MART COMMUNITY POLICE OPERATING SUPPLIE 89.76 Page 3 Claims List 04/15/08 Budget Unit Title Vendor Name Payable Description Payment Amount POLICE SERVICES... HOWARD E STAMPER RADIO REPAIR SERVICES 150.00 TREASURER PETTY CASH SUPPLIES FOR SOT 13.40 TREASURER PETTY CASH COLORPRINTS 4.78 DONALD L TAYLOR TAYLORMADE LOCK & K POLICE OPERATING SUPPLIES 15.00 POLICE PETTY CASH POLICE PETTY CASH 10.79 CITY GARAGE VEHICLE MAINT -PARTS 615.53 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 136.82 JPMORGAN CHASE BANK EMERGIN -20 USERS 100.00 CITY GARAGE VEHICLE MAINT -PARTS 4,583.33 TOTAL POLICE SERVICES 18,657.53 POLICE COMMUNICATIONS WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 43.36 JPMORGAN CHASE BANK TOILETRIES 31.18 LOWES HOME IMPROVEMENT WAREHOUSE OPERATING SUPPLIES 53.34 W.W. GRAINGER, INC. DBA GRAINGER PHYS PROP & REPAIR SUPPLI 90.80 GRAYBAR ELECTRIC CO, INC SUPPLIES FOR DISPATCH ARE 64.56 USAMOBILITY METROCALL PAGER USE 41.70 JPMORGAN CHASE BANK WALMART -DRY ERASER 8.89 JPMORGAN CHASE BANK WALMART- PRISONER FOOD 172.84 TOTAL POLICE COMMUNICATIONS 506.67 ANIMAL CONTROL USAMOBILITY METROCALL PAGER USE 6.95 FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 470.70 STRATHE CLINIC LLC DBA STRATHE VETE VET SERVICES 53.29 WAL -MART COMMUNITY OPERATING SUPPLIES 6.54 STRATHE CLINIC LLC DBA STRATHE VETE VET SERVICES 71.25 STRATHE CLINIC LLC DBA STRATHE VETE VET SERVICES 210.00 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 23.46 HILL'S PET NUTRITION SALES, INC SHELTER SUPPLIES 6.25 CITY GARAGE VEHICLE MAINT -PARTS 166.66 CITY GARAGE VEHICLE MAINT -PARTS 92.86 TOTAL ANIMAL CONTROL 1,107.96 FIRE SERVICES CITY GARAGE VEHICLE MAINT -PARTS 114.17 KENKOOL, INC REPAIR ON LADDER ONE 1,021.35 OKLAHOMA POLICE SUPPLY PURCHASE UNIFORM PANTS FO 158.00 CITY GARAGE VEHICLE MAINT -PARTS 1,166.66 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 131.96 LENOX WRECKER SERVICE INC TOWING F -450 108.00 AQUARIUS ENTERPRISES, INC DBA CULLI BOTTLED WATER /COOLER RENT 37.90 OWASSO FITNESS ZONE, INC USE OF GYM & EQUIPMENT FO 345.00 FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 2,857.21 LENOX WRECKER SERVICE INC TOWING F -450 152.00 TREASURER PETTY CASH PER DIEM 339.20 Page 4 Claims List 04/15/08 Budget Unit Title Vendor Name Payable Description Payment Amouni FIRE SERVICES... JPMORGAN CHASE BANK PIKEPASS -PASS FEES 42.10 JPMORGAN CHASE BANK CARDLOGOW - EMBRIODERY 60.00 USAMOBILITY METROCALL PAGER USE 311.15 OFFICE DEPOT INC OFFICE SUPPLIES 53.55 JPMORGAN CHASE BANK LOCKE SUPPLY - REPAIR PARTS 10.53 JPMORGAN CHASE BANK HOME DEPOT - HITCH /BALL 38.87 JPMORGAN CHASE BANK LODGING -ISO SEMINAR 188.00 TOTAL FIRE SERVICES 7,135.65 EMERGENCY PREPAREDNES VERDIGRIS VALLEY ELECTRIC COOPERATI STORM SIRENS ELEC 36.72 WAL -MART COMMUNITY 1OPERATING SUPPLIES 19.82 TOTAL EMERGENCY PREPAREDNESS 56.54 STREETS TULSA COUNTY BOCC HOSPITAL SIGN PROJECT 592.80 OCT EQUIPMENT, LLC 03 CASE BACKHOE REPAIRS 1,719.52 UNIFIRST HOLDINGS LP UNIFORM /PROTECTIVE CLOTHI 44.38 KIRBY -SMITH MACHINERY, INC 2003 LEE BOY 8500 ASPHALT 47,500.00 CITY GARAGE VEHICLE MAINT -PARTS 1,166.66 UNIFIRST HOLDINGS LP UNIFORM /PROTECTIVE CLOTHI 45.78 AEP /PSO STREET LIGHTS 5,101.17 AEP /PSO ELECTRIC USE FOR MARCH 34.60 AMERIFLEX HOSE & ACCESSORIES, LLC FITTINGS FOR 03 CASE BACK 7.50 CITY GARAGE VEHICLE MAINT -PARTS 42.64 OWASSO FENCE CO POSTS 750.00 LOBO HOLDINGS DBA LOBO ASPHALT ASPHALT 241.56 APAC, INC.- OKLAHOMA STANDARD INDUST ASPHALT 51.82 FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 1,598.45 USAMOBILITY METROCALL PAGER USE 34.75 TOTAL STREETS 58,931.63 STORMWATER FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 1,028.98 JPMORGAN CHASE BANK WATER PROD - WRENCH 10140 JPMORGAN CHASE BANK LOWES- BATTERIES 132.04 JPMORGAN CHASE BANK GELLCO - SAFETY SHOES 116.99 LOT MAINTENANCE OF OKLAHOMA, INC. LOT MAINTENANCE SERVICES 3,262.50 UNIFIRST HOLDINGS LP UNIFORM /CLOTHING 33.68 UNIFIRST HOLDINGS LP UNIFORM /CLOTHING 33.68 OWASSO TOP SOIL DIRT 50.00 CITY GARAGE VEHICLE MAINT -PARTS 2,196.40 CITY GARAGE VEHICLE MAINT -PARTS 1,166.66 BROWN FARMS LLC BROWN FARMS SOD SOD FOR RIGHT OF WAY REPA 60.00 USAMOBILITY METROCALL PAGER USE 48.65 LOT MAINTENANCE OF OKLAHOMA, INC. STREET SWEEPING 5,550.00 Page 5 Claims List 04/15/08 Budget Unit Title Vendor Name Payable Description jPaym ent Amount TOTAL STORMWATER 13,782.98 PARKS JPMORGAN CHASE BANK BAILEY EQUIP - WEEDEATERS 718.00 CITY GARAGE VEHICLE MAINT -PARTS 250.00 MARSHA ANN SMITH RESTROOM SERVICES 450.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL /CLEANING 13.59 ATWOODS DISTRIBUTING, LP ATTN: ACCT SPRAYPAINT 3.18 WASHINGTON CO RURAL WATER DISTRICT WATER FOR MCCARTY PARK 25.00 LOWES HOME IMPROVEMENT WAREHOUSE FENCE POSTS, PAINT 31.02 UNIFIRST HOLDINGS LP UNIFORM RENTAL /CLEANING 13.59 CINDY F HAIRE CLOSED SIGNS FOR PARK 100.00 JPMORGAN CHASE BANK MEETING EXPENSE 22.02 ONEOK, INC OKLAHOMA NATURAL GAS GAS USAGE 181.50 FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 496.31 JPMORGAN CHASE BANK TMS -TRASH PICKUP SUPPLIES 101.00 TOTAL PARKS 2,405.21 COMMUNITY CENTER FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 120.41 LOWES HOME IMPROVEMENT WAREHOUSE PHYSICAL PROP SUPPLY 20.00 CITY GARAGE VEHICLE MAINT -PARTS 3133 CHARACTER TRAINING INSTITUTE CHARACTER BULLETINS 36.00 JPMORGAN CHASE BANK HOBBY LOBBY - SCRAPBOOK 5.41 JPMORGAN CHASE BANK TMS -PAPER GOODS 172.05 LOWES HOME IMPROVEMENT WAREHOUSE OPERATING SUPPLIES 60.60 TOTAL COMMUNITY CENTER 447.80 HISTORICAL MUSEUM CARR CONSTRUCTION, INC REPLACE & PAINT POST AT S 200.00 TOTAL HISTORICAL MUSEUM 200.00 ECONOMIC DEV JPMORGAN CHASE BANK SOUTHWEST- AIRFARE /HARKINS 747.00 JPMORGAN CHASE BANK ICSC -RECON CONVENTION 375.00 JPMORGAN CHASE BANK MEETING EXPENSE 14.00 JPMORGAN CHASE BANK OML- CREDIT FOR OVERCHARGE -30.00 FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 104.90 JPMORGAN CHASE BANK OML -DAY AT CAPITAL 105.00 JPMORGAN CHASE BANK JOURNAL RECORD- SUBSCRIP 169.00 JPMORGAN CHASE BANK CDW- DESIGN PREMIUM 1,609.07 JPMORGAN CHASE BANK CDW- DESIGN PREMIUM 20.00 CITY GARAGE VEHICLE MAINT -PARTS 83.33 TOTAL ECONOMIC DEV 3,197.30 FUND GRAND TOTAL 204,484.4 Page 6 Claims List 04/15/08 Budget Unit Title Vendor Name Payable Description Payment Amounl AMBULANCE CITY GARAGE VEHICLE MAINT -PARTS 1,250.00 CITY GARAGE VEHICLE MAINT -PARTS 968.00 FULLERTON HYDRO -TEST INC. FULLERTON OXYGEN CYLINDER RENTALS 71.35 TREASURER PETTY CASH PER DIEM /LINTHICUM 72.00 FLEETCOR TECHNOLOGIES DBA FUELMAN FUEL 1,802.42 FULLERTON HYDRO-TEST INC. FULLERTON OXYGEN CYLINDER RENTALS 59.00 TOTAL AMBULANCE 4,222 77 FUND GRAND TOTAL 4,222.7 E911 COMMUNICATIONS AT &T E911 FEES 1,926.32 TOTAL RADIO INC IRADIO MAINTENANCE 675.00 TOTAL E911 COMMUNICATIONS 2,601.32 FUND GRAND TOTAL 2,601.3 STORMWATER - STORMWAT IN CITIES READY MIX, INC STORMDRAIN PIPE 194.00 ]HILLSIDE ANCHOR STONE CO STONE FOR HILLSIDE STORMP 182.39 TOTAL STORMWATER - STORMWATER 376.39 STORMWATER FD- 3 LAKES FIT CONSTRUCTION, LLC 3 LAKES DRAINAGE IMPROVEM 38,478.25 TOTAL STORMWATER FD- 3 LAKES 38,478.25 FUND GRAND TOTAL 38,854.6 CDBG - PARKS - CDBG -07 RE BUILDERS UNLIMITED REST ROOM & SIDEWALK 10,149.05 TOTAL CDBG - PARKS - CDBG -07 RE 10,149.05 FUND GRAND TOTAL 10,149.0 CI - FIRE STATION #2 ANCHOR STONE CO CRUSHER STONE FOR CONCRET 219.35 RAINBOW CONCRETE COMPANY CONCRETE WORK STAT #2 2,475.00 TOTAL CI - FIRE STATION #2 2,694.35 CI - 129TH E AVE BECCO CONTRACTORS INC STREET IMPROVE -129TH 496,181.68 TOTAL CI - 129TH E AVE 496,181.68 CI - STREET REHAB FY07 BECCO CONTRACTORS INC FY 07 -08 CIP STREET REHAB 170,530.65 TOTAL CI - STREET REHAB FY07 170,530.65 Page 7 Claims List 04/15/08 Budget Unit Title Vendor Name Payable Description Payment Amount CI - SPK BB FIELD RIDGELAND ENTERPRISES SPORTS PARK SOUTH FIELD 1 107,280.90 FIT CONSTRUCTION, LLC BALL FIELD CONSTRUCTION 20,703.15 TOTAL CI - SPK BB FIELD 127,984.05 FUND GRAND TOTAL 797,390.7 CITY GARAGE A N Z SIGNS & SHIRTS, INC SIGNS & DECALS 20.00 CLASSIC CHEVROLET, INC. PARTS FOR RESALE 59.89 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 30.01 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 30.01 TOTER, INC. CART LIFT FOR TRASH TRUCK 2,285.00 CLASSIC CHEVROLET, INC. PARTS FOR RESALE 141.36 LOWES HOME IMPROVEMENT WAREHOUSE OPERATING SUPPLIES 10.94 T & W TIRE, LP TIRES FOR CITY VEHICLES 541.62 T & W TIRE, LP TIRES FOR CITY VEHICLES 588.00 T & W TIRE, LP TIRES FOR CITY VEHICLES 465.65 B & M OIL COMPANY INC OIL & FLUIDS 337.15 YVONNE HOVELL DODGE CHRYSLER JEEP PARTS FOR RESALE 29.88 FRN OF TULSA, LLC UNITED FORD PARTS FOR RESALE 95.52 AMERIFLEX HOSE & ACCESSORIES, LLC PARTS FOR RESALE 68.40 AMERIFLEX HOSE & ACCESSORIES, LLC PARTS FOR RESALE 7.50 O'REILLY AUTOMOTIVE INC PARTS FOR RESALE & OPER S 3.99 O'REILLY AUTOMOTIVE INC PARTS FOR RESALE & OPER S 526.29 DARO ENTERPRISES, INC TULSA CLEANIN CAR WASH SOAP CITY GARAGE 185.00 TULSA NEW HOLLAND INC PARTS FOR RESALE 120.92 LOT MAINTENANCE OF OKLAHOMA, INC. LOT MAINTENANCE SERVICES 675.00 CLASSIC CHEVROLET, INC. PARTS FOR RESALE 249.08 CLASSIC CHEVROLET, INC. PARTS FOR RESALE 42.75 B & M OIL COMPANY INC OIL & FLUIDS 573.19 O'REILLY AUTOMOTIVE INC PARTS FOR RESALE 344.74 LIVINGSTON, KEN WELDING CERT TEST 225.00 T & W TIRE, LP TIRES /FIRE TRK & AMB 1,874.00 T & W TIRE, LP TIRES /FIRE TRK & AMB 1,605.96 A N Z SIGNS & SHIRTS, INC VEHICLE /CITY LOGO 262.50 NAPA/GENUINE PARTS COMPANY PARTS FOR RESALE 4.33 USAMOBILITY METROCALL PAGER USE 6.95 TOTAL CITY GARAGE 11,410.63 FUND GRAND TOTAL 11,410.6 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT PROFESSIONAL SERVICE 933.99 CITY OF OWASSO IMPREST ACCOUNT PROFESSIONAL SERVICE 792.00 CITY OF OWASSO IMPREST ACCOUNT PROFESSIONAL SERVICE 637.50 CITY OF OWASSO IMPREST ACCOUNT PROFESSIONAL SERVICE 2,104.64 Page 8 Claims List 04/15/08 Budget Unit Title Vendor Name Payable Description Payment Amounl WORKERS' COMP SELF - INS... STATE OF OKLAHOMA WORKERS COMPENSP APPLICATION FEE 500.00 OK TAX COMMISSION SPECIAL TAX UNIT MITF WORKERS COMP TAX 3,024.17 CITY OF OWASSO IMPREST ACCOUNT PROFESSIONAL SERVICE 2,805.07 CITY OF OWASSO IMPREST ACCOUNT PROFESSIONAL SERVICE 933.99 CITY OF OWASSO IMPREST ACCOUNT PROFESSIONAL SERVICE 792.00 TOTAL WORKERS' COMP SELF -INS 12,523.36 FUND GRAND TOTAL 12,523.3 GEN LIAB -PROP SELF INS JAMES F. CLARK EXPERT WITNESS RETAINER -S 3,000.00 ROBERT OR KELLY LAVALLE TR -08 -004 TORT 305.02 WOOD, PUHL & WOOD, P.L.L.0 MULLINS VS. OWASSO 75.00 FOSTERS PAINT & BODY SHOP, INC TORT TR -08 -007 2,749.07 JASON & STACY LUSTIG TORT TR -08 -007 249.08 TOTAL GEN LIAB -PROP SELF INS 6,378.17 FUND GRAND TOTAL 6,378.1 CITY GRAND TOTAL $1,088,015.09 Page 9 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 04/15/08 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE ADMIN FEES STOP LOSS FEES HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICES ADMIN FEES VISION DEPT TOTAL AMOUNT 20,547.25 29, 013.08 1,449.11 20, 508.12 14,259.60 12,827.52 98,604.68 1,922.55 3,494.00 1,958.70 7,375.25 2,727.38 1,094.43 3,821.81 HEALTHCARE SELF INSURANCE FUND TOTAL 109,801.74 Department 105 Municipal Court 110 Managerial 120 Finance 130 Human Resources 160 Community Development 170 Engineering 175 Information Systems 181 Support Services 201 Police 215 Central Dispatch 221 Animal Control 250 Fire 280 Emergency Preparedness 300 Streets 370 Stormwater /ROW Maint. 515 Park Maintenance 550 Community- Senior Center 580 Historical Museum 710 Economic Development General Fund Total CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 03/29/2008 Overtime Expenses Total Expenses - 4,347.71 - 18,155.89 - 12,180.24 - 5,080.60 - 12,043.37 - 10,910.16 - 8,243.60 - 6,733.41 2,695.69 92,173.20 - 8,525.34 - 2,078.90 4,749.75 79,473.94 - 2,669.63 99.21 7,484.77 109.50 5,673.84 - 7,876.79 - 3,185.30 - 2,014.53 - 2,692.31 7,654.15 291, 543.53 185 Garage Fund - 3,840.80 Fund Total - 3,840.80 255 Ambulance Fund - 16,621.50 Fund Total - 16,621.50 215 Emergency 911 Fund - 2,841.80 Fund Total - 2,841.80 Grand Total 314,847.63 CITY OF OWASSO GENERALFUND FISCAL YEAR 2007 -2008 Statement of Revenues & Expenditures As of March 31, 2008 REVENUES: Taxes Licenses & permits Intergovernmental Charges for services Fines & forfeits Other TOTAL REVENUES EXPENDITURES: Personal services Materials & supplies Other services Capital outlay TOTAL EXPENDITURES REVENUES OVER EXPENDITURES TRANSFERS IN (OUT): Transfers in Transfers out TOTALTRANSFERS NET CHANGE IN FUND BALANCE FUND BALANCE (GAAP Basis) Beginning Balance Ending Balance FUND BALANCE (Budgetary Basis) Beginning Balance Ending Balance MONTH YEAR TO -DATE TO -DATE BUDGET $ 1,493,434 $ 13,539,078 $ 17,883,000 30,087 237,745 303,500 356,682 668,320 521,708 33,172 216,545 276,500 67,705 498,116 680,000 34,393 104,733 116,300 2,015,473 19,781,008 15,264,538 798,970 7,701,626 10,998,675 67,887 470,190 635,703 84,227 1,730,684 2,418,142 113,652 1,097,014 1,704,571 1,064,736 10,999,514 15,757,091 950,736 4,265,023 4,023,917 828,932 8,000,208 10,520,000 (1,292,229) (12,486,529) (16,501,125) (463,297) (4,486,321) (5,981,125) 487,440 (221,298) (1,957,208) 5,144,239 $ 4,922,941 3,701,490 3,701,490 $ 3,480,192 $ 1,744,282 PERCENT 75.71% 78.33% 128.10% 78.32% 73.25% 90.05% 77.17% 70.02% 73.96% 71.57% 64.36% 69.81% 105.99% 76.05% 75.67% 75.01% MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JOE JOHN NURRE, P.E. CITY ENGINEER SUBJECT: ACCEPTANCE OF WATER SYSTEM IMPROVEMENTS WEDEL CENTRE DATE: April 1, 2008 BACKGROUND: The subject commercial development is located north of the intersection of East 116th Street North and North Garnett Road (see Attachment A). Improvements consist of approximately 990 linear feet of eight (8) inch PVC water line and all appurtenances. Design for this improvement was reviewed and approved by Public Works staff in July 2007. FINAL INSPECTIONS: A final inspection was conducted on March 27, 2008 by city personnel. All items identified at the final inspection requiring correction to meet city and state standards have been completed. The construction contractor has provided the required two -year maintenance bond for this system (see Attachment B) and ODEQ permits have been received (see Attachment Q. RECOMMENDATION: Staff recommends Council acceptance of the Wedel Centre water system improvements. ATTACHMENTS: A. Location Map B. Maintenance Bonds C. ODEQ Permits a 3 N F a Owasso Public Works N Department Engineering Div. WEDEL CENTER P.O. 180 W E Owasso, OK 74055 LOCATION MAP 918.272.4959 www.cityofowasso.com S 4/03/08 copy Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: 3 -935 -634 KNOW ALL MEN BY THESE PRESENTS, That we IRA A. GREEN CONSTRUCTION CO. as Principal (Developer and/or Contractor), and THE OHIO CASUALTY INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of SIXTY THOUSAND, THREE HUNDRED FORTY" `I'IIREE AND NO 1100 DOLLARS ($60,343.00) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEARS after final approval of the WATER LINE EXTENSION FOR WEDEL CENTRE, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and /or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: JANUARY 14, 2008 IRA M. GREEN CONSTRUCTION CO, Principal BY: BRIAN EN, PRESIDENT THE OHIO CASUALTY INSURANCE COMPANY Surety B CZ Attorney -in -Fact . ULIA CLICK - WILSON 0 K L A H 0 M A DEPARTMENT OF ENVIRONMENTAL QUALITY STEVEN A. THOMPSON OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY BRAD HENRY Executive Director Governor July 02, 2007 Ana Stagg, Public Works Director City of Owasso 301 West 2nd Avenue Owasso, Oklahoma 74055 Re: Permit No. WL000072070624 Wedel Centre Water Line Extension Facility No. 3002718 Dear Ms. Stagg: Enclosed is Permit No. WL000072070624 for the construction of 990 linear feet of eight (8) inch PVC water line and all appurtenances to serve the Wedel Centre, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on July 02, 2007. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, one (1) set to your engineer and retaining one (1) set for our files. Sincerely, Justin Hodge DWSRF /Construction Permit Section Water Quality Division H/S E /RC /ab Enclosure c: Rick Austin, Regional Manager, DEQ Regional Office at Tulsa Steven Powell, DeShaze, Tang & Associates Gene Doussett, Planning & Management Division, OWRB 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 printed on recycled paper with soy ink r� MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JOE JOHN NURRE, P.E. CITY ENGINEER SUBJECT: AGREEMENT FOR URBAN ENGINEERING SERVICES CITY DESIGN CRITERIA DATE: April 1, 2008 BACKGROUND: At the May 17, 2005 City Council meeting, the Engineering Design Criteria, Construction Standards, and Standard Details were adopted by the City Council. Documents required as a result of that adoption includes an agreement by the developer's engineer titled "Agreement for Urban Engineering Services ". This agreement requires the engineer to list all improvements associated with the proposed development, attest that all designs will be in compliance with City standards (outlined in the design criteria), pay all fees associated with the plan review, and attest that he /she is a Registered Professional Engineer in the State of Oklahoma. On December 18, 2007 Council approved an amendment to Section 0114.1 -B of the Engineering Design Criteria, Construction Standards, and Standard Details thereby allowing for a stepped schedule of Professional Liability Insurance coverage required by design engineers. The attached agreements comply with this change (see Attachment A). The following Agreements for Urban Engineering Services are being submitted for approval under the consent agenda, a process approved by Council in February 2006: FIRM Coon Engineering, Inc. Cox & Associates, Inc. PROJECT Villas at Stonebridge Prestige Pond RECOMMENDATION: Staff recommends Council approval of the listed Agreements for Urban Engineering Services and authorization for the Mayor to sign the agreements. ATTACHMENTS: A. Two (2) Agreements for Urban Engineering Services AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and Cox & Associates, Inc. hereinafter called "Design Engineer ". WITNESSETH: WHEREAS, the Design Engineer has been employed by the Owner /Developer /Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project ", upon easements and rights -of -ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to -wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements Single — family Residential Subdivision consisting of 42 Lots on 24.24 Acres. P�-es4irqe [�nd APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES Rev: 11 -2007 City of Owasso which shall be located on the following described tract of land: See attached Exhibit "A" 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES Rev: 11 -2007 City of Owasso Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he /she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he /she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Project Cost Professional Liability Insurance Less than $500,000 $250,000 $500,000 - $1,000,000 $500,000 Greater than $1,000,000 $1,000,000 APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES Rev: 11 -2007 City of Owasso (Project Costs to be as defined in Section I of the attached Specifications for Urban Engineering Services) and that he /she will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the. project herein. 7. The Design Engineer further covenants and agrees to comply with Section I, Section II and Section III of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES Rev: 11 -2007 - City of Owasso Executed by the City of Owasso, Oklahoma, on the day of , 20 Executed by the Design Engineer on the ZC ,day of 0 CF. CITY OF OWASSO, OKLAHOMA a municipal corporation i ATTEST: Mayor City Clerk APPROVED AS TO FORM: DESIGN ENGINEER Cox & Associates. Inc. Design Engineer F � BY Title president ATTEST: A Secretary APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES Rev: 11 -2007 City of Owasso EXHIBIT "A" LEGAL DESCRIPTION The Southeast Quarter (SE /4) of the Southeast Quarter (SE /4) of the Southeast Quarter (SE /4) and the East Half (E /2) of the Southwest Quarter (SW /4) of the Southeast Quarter (SE /4) of the Southeast Quarter (SE /4) of Section Ten (10), Township Twenty -one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Rogers County, Oklahoma, according to the United States Government Survey thereof, AND Commencing at the Southeast Corner of Section Ten (10) , Township Twenty -one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Rogers County, Oklahoma, according to the United States Government Survey thereof, thence North 01 °10'37" West along the East line of said Section 10, 658.55 feet; thence South 88 °44'08" West 25.00 feet to the Point of Beginning; thence South 88 °44'08" West 1294.20 feet to a point on the West line of the E/2 of the SE /4 of Section 10; thence North 01 °13'59" West 670.15 feet along the West line of the E/2 of the SE /4 of said Section 10; thence North 88 °49'23" East 659.93 feet; thence South O1 °12'18" East 663.92 feet, North 88 °4624" East 634.60 feet; thence South 01 °10'37" East 4.81 feet to the Point of Beginning. CSR $$ ACORD CERTIFICATE OF LIABILITY INSURANCE CSR B DATE (MM /DD /YYYY) CO 03 /18/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION TYPE OF INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE RICH & CARTMILL HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2738 East 51st #400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. GENERAL LIABILITY Tulsa OK 74105 Phone: 918-743-8811 Fax:918- 744 -8429 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Casualty Ins Co COMMERCIAL GENERAL LIABILITY INSURER B: Continental Casualty Co COX & Associates Inc INSURER C Twin City Fire Ins Co $ 300000 7935 E 57 St Tulsa OK 74145 INSURER CLAIMS MADE X OCCUR INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSRE TYPE OF INSURANCE POLICY NUMBER DATE (MM /DD/YY) DATE (MM /DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A COMMERCIAL GENERAL LIABILITY 38SBADS2165 PREMISES (Ea occurence) $ 300000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10000 X Business Owners 07/14/07 07/14/08 PERSONAL & ADV INJURY $1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER : PRODUCTS - COMP /OPAGG $2000000 X POLICY PRO LOC JECT A AUTOMOBILE X LIABILITY ANY AUTO 38UECGS4269 07/14/07 07/14/08 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE 38WECER1583 07/14/07 07/14/08 X TORY LIMITS I ER E.L. EACH ACCIDENT $ 100000 E . DISEASE - EA EMPLOYEE $ 100000 OFFICER /MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 500000 OTHER B Professional Liab SFH008233632 01/29/08 01/29/09 1,000,000 Per Claim Claims Made 1 $10,000 DEDUCTIBLEJ 1,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Engineers & Architects - includes prior acts since 1 -29 -81 CERTIFICATE HOLDER CANCELLATION City of Owasso Public Works Department 301 W. 2nd Ave Owasso OK 74055 ACORD 25 (2001/08) CITY200 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN 140TICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. n ACCJRD CORPORATION 1922 AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and =A-/C-hereinafter called "Design Engineer ". WITNESSETH: WHEREAS, the Design Engineer has been employed by the Owner /Developer /Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project ", upon easements and rights -of -ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to -wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements z=7v 77. � G/ iivc' G®it« u� c3a/ oT= wit r��y iryliy� s iS /i`.e(i✓J APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES Rev: 11 -2007 City of Owasso which shall be located on the following described tract of land: 7u 6-S /9 C:r_- r~j ©?L- f5 Vi' LLfis A-T 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and . staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES Rev: 11 -2007 City of Owasso Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he /she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease . to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he /she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Project Cost Professional Liability Insurance Less than $500,000 $250,000 $500,000 - $1,000,000 $500,000 Greater than $1,000,000 $1,000,000 APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES Rev: 11 -2007 City of Owasso (Project Costs to be as defined in Section I of the attached Specifications for Urban Engineering Services) and that he /she will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I, Section II and Section III of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES Rev: 11 -2007 City of Owasso Executed by the City of Owasso, Oklahoma, on the day of , 20 Executed by the Design Engineer on the lvrtFday of 20 &1°.c!;, CITY OF OWASSO, OKLAHOMA a municipal corporation BY Mayor ATTEST: City Clerk APPROVED AS TO FORM: DESIGN ENGINEER �2 GOd>v Laic s yc� -z�� Z7C�- D ngineer BY Title APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES Rev: 11 -2007 City of Owasso ACORI.. CERTIFICATE OF LIABILITY INSURANCE D 03 /041IDOlYYYY' 03104/2008 PRODUCER 717 COMMERCIAL INSURANCE SERVICES, LLC P.O.DRAWER 26227 OKLAHOMA CITY, OK 73126 Phone: (405)947 -7660 Fax: (405) 942 -5840 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED COON ENGINEERING, INC. 2832 WILSHIRE BLVD #202 OKLAHOMA CITY, OK 73116 INSURER A: CONTINENTAL CASUALTY COMPANY INSURER B: GENERAL LIABILITY INSURER C: INSURER 0: EACHOCCURRENCE INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - INSR IADO' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACHOCCURRENCE 5 j COMMERCIAL GENERAL LIABILITY I CLAIMS MADE n OCCUR DA AIGETO13ENTEO- PREMISES Ea occurence I S MED EXP (Any one arson) S OWNER'SICONTRACTOR'S PRO PERSONAL & ADV INJURY GENERAL AGGREGATE jjISS IS GEN'L AGGREGATE LIMIT APPLIES PER 1-t POLICY PRO- LDC JECT PRODUCTS - COMP /OP AGG 15 �—` I AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) 5 I ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per parson) - -� S I F I_ HIREDAUTOS NON- OWNEUAUTI;�S I - B001(.Y INJI.!P:Y IPeracadenit S GARAGE LIABILITY I _._.�_�__._i 1-4 �i��.— �.- -- PROPERTY DAMAGE (Per accident) AUi00NLY- EAACCIDE!Jil it— 1 I ` III —' I __ :_G AI RAGELIABIL6TY V_.�. ^_ I EA ACC OTHER THAN ANY AL.'70 j I + S S AUTO ONLY. AGG 1 I EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE S AGGREGATE 5 UMBRELLA. i OTHER UMB _i S S DEDUCTIBLE S RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU-1 TO O! H. 1311.IMLTS ELi_ E.L. EACH ACCIDENT - -- ANY PROPRIETOR /PARTNERIEXE-CUTIVE E.L. DISEASE - EA EMPLOYE _5 S OFFICERrMEMBER EXCLUDE'D7 If ppes. tlosuibo undor 5PECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT I .__ S OTHER I A PROFESSIONAL LIABILITY AEH004316424 12/24/2007 12/24/2008 $1,000 D LIMIT 515,0000. . DEDUCTIBLE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 106053 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL " DAYS WRITTEN CITY OF OWASSO, OKLAHOMA NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL 301 W 2ND AVE IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR OWASSO, OK 74055 REPRESENTATIVES. AUTHORIZED REPRESENTATIVi " , UAGUHL) CORPORATION 9988 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: FINAL PLAT, VILLAS AT STONEBRIDGE DATE: APRIL 9, 2008 BACKGROUND: The City of Owasso has received a request for the review and approval of the Villas at Stonebridge Final Plat. The Final Plat proposes thirty -eight (38) lots on 5 acres, located on 76th Street North, 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: North: Graceland Acres Residential Subdivision South: Single Family Residential East: Crown Colony Addition West: Single Family- Residence PRESENT ZONING: The subject property is zoned OPUD- 07 -02, a residential classification. 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. This property was annexed by ordinance number 908, on January 15, 2008. 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 Planned Unit Development for the subject tract was approved by the City Council on January 15, 2008. 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. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS: The applicant is requesting 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) on the site. 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. PLANNING COMMISSION HEARING: The Owasso Planning Commission considered the request at a public hearing on April 7, 2008. At that meeting the Planning Commission unanimously recommended that the City Council accept the Final Plat of the Villas at Stonebridge. RECOMMENDATION: Staff recommends Council acceptance of Villas at Stonebridge Final Plat. ATTACHMENTS: 1. Case map 2. Final plat of Villas at Stonebridge MEADOWS!' E ME Vi colv�k WE46 lows !I- DOUBLE- -OAKS 1 - FUZA ACRES Owasso Public Works Department Engineering Div. P.O. 180 Owasso, OK 74055 918.272.4959 www.citvofowasso.com .PROJECT, LOCATION GFMCELAND Ole- ACREIS_ -:E 76TH ST N VILLAS AT STONEBRIDGE LOCATION MAP N S 0-3/04 "08 OWNER'S CERTIFICATE AND OEDICATION IFeI Ilel Sadner irpenlOn 2 ,.n.t.e Pn Pasmeam ^rLrmlle* Li°611pr ^ emP °ngv. n Ign6 U le "e Inl °r «I In d le °Ina lead Moxn Ind tone d pl"1 .1 MLLES A] IB(OYbE0RID0[, r dn eeelM-A to Ine LFl o ON—. OManomO. Tool 11 nm c u,N Ine a It ae w tl and obttea Into IoU. nlocxa. alrvele and epeanenla ahmrn PU Id ......d I.M1 sold =L`L ylpl repr «ml, t 1 «1 vey or °N y ly Inti.ded Ihtr.IP t Tear Clwnty. OIl °htm °LAS AT $tONERRIDOE, °en bdElllpn to the Clly oc prp «o. ; m P o'edelr,l9a<0 eir« nOt(Inersninl ceN11Y IM1aI u e Ine 1'U. land end Ina Ad T ` e°Sopueee n p uee0ud o Mp. «h l , T �Ini tr Li I Eea AOalrocloi a Cnll� «le, and Upea1 Ana Y dN:ce1e 1e1'alreeld end «,emenla «*ahem an ao d °la°ee re e«1 f emPU„Irt mmnreneea ro Inelr Uh. 110 it end u1M1Y a «emenle HI maNl O° a «and delmllm pm« °re Ine r «pm,bAllY e1 Ine Prap.rly 11 Ae .1. T; Ormei> Pealrkllw Coven «la «d w m 1pexrlll,n MM, ur MI De « Ine e w lmm -1 N—N- we el mand vf_ y M a «n y -UN— —P,,.. ON.T... en ON—, Pf . POOB. .C. Sooner Tl*d.L A, aNlmm.P 1, lllpna L 1M UP 11111 Company Pue>rLe t STATE Of OKLAHOMA ) COUNTY Of TULSA ) ) 11— me, ne *11111. a NOlero PPa1ac111 en ror lob C°"nly end Sk-, .1 I" w day ;,_ , xode. redo °PR erN le IT. Mm11m1 person woe ep keQ a e11*enl 9e per a 10— L.L.C., P1 ONI°Namo —10,d l-IN `, cemo nv. 1a duly eeetl wr°nln;gi,nd WO h. anla Nv Im1°` a° e`*,e`a ei miaani,r� ,, ma P °a r Y ocl can nr NA., Publk BONGED ABSTRACTOR'S CERTIFICATE aAd 1w "O41N1bn ° °4C °unlyyly °na lined SYele10Nr Orl °M1a °m°, ne ab `1O'Ilneelln°L ine records el geld rounlY ,M1 Intl 11 e 111. 1. In, Ientl exn a IOt 1-- 0uO of VILLAS AT SlONEBRIOCE, oddlllon I. Ine Clly I Owosso. ONl.npmo, a wA1 n Sooner red111ena L.L.C.. Wlenomo -f o"'"' LNNany C po and m Ine _ day °f - 20081 11, a n° «flans Pedalo, °y ml Ytl9mnnl o Y A.N. lue N °nY 1 11 °ine U IT. *Tern 1 ,, a «'d n A a the ye r lei seoilnel *DIE ITe or Intl anene0reee. dopl tT, nNng .Ald e.,llnmin PAKNmI m emE oeo o lot deMa are Med to PA, DNem; ae I;da �r e<e m Ina P1np:ed c1a1`, e.<ml maid =ah of In—;exln q UkII FIRST AMERICAN TILE k TRUST COMPANY Br 9Y A..I - SenM Yee Preadenl STATE Of ORLMONA ) 55 Belpre m1. Ih. MP!LT nl. ° Not °r P"bne N and I., aP d empty and set*. m III, *paver }s 9. Pn,PnP11 e Pr1 Lo me Nn n m ne Lne dm nrnl Vie. 1 -1d,P7 nE .011 1%U m In°t =e y Ue some pa nb Z.." Pea rau11.1 o<t and deed, p d « Inee4,e one munlary Pel pod *feel o, faempmy for lee u— ene pwpex, In•rtln •el fUld My C—PU.m E..N- Nelory PaNb CERTIFICATE OF CITY CLERK coy n.ry r ox°aaa, omm� a p, n1NY twllly InPI 1 now a Ned Ine recal, of •PI* coy one nE In°I V.P. -Knm,, a pnmalwl lnslalmml, upon ,pedal ,aea,mml, nave a ...d In IUV d Inol there ore ,pMll ea 1 prmedur« pax ding °qo ncl ine IPnd Onemia..A On.—A. polo NtIAS'A STONEBPIDOL. °n eda U., e P ny pr s19n1 by - CUT any « I- Cllr c11N VILLAS A T STONEBRIDGE REGISTERED SURVEYOR'S CERTIFICATE A PART OF THE R -14 —E, LM, _• - -' —'— NORTHWEST CITY OF 0 QUARTER OF SECTION ASSO,. TULSA COUNTY, 1, Orpn E. C *o n "ea D1 Inol Y Pw1«alon a Luna Cllyeel ONlonwno Clly. I Ilnq of Inree ()1 N,, r 33 T -21 —N, °" "`a"d"o" °'� _` ":.NA' OKLAHOMA «°IFe — d °y er xoDB ° a 'BFI Jn "rIU wll Pend s rs STN (A7fEWAL) ��" In°I°Iln e. OtB « <mmdea l auveY meet Mp[ ILCC Ine MIX'l° Y6MUm 9I.Pb,d, r°relnne Prodl<a er Lmd SU—W • , a=t'M RA IOIIS' ions „`4�IWw°nrq° aOnii 4011 finap ROir °naPnne: iin l'«Innvwil°mgvnisroind I. Yad*eY PaNh dxw, bmMb "ArN*M. Tllle Secll°pn dt -tOB pl ine ONlpnemp 5lole Slalulea. u. YVNvn rl bmm Ada N/P PMIr dtlmR e,wxn In � o�.r��® �' via© oar aK no C ' Y 19'R7 a I R 1 WIT T 1 IIL 1 r' � 0[• 0iii'�.7f'ai� 198 1 e M1rr A 9mhMp ad k Ik namuMh d Pe,xh oxxn N r314 .. eldde'M N 111aV4 epMr d ndxnl }iNnp, ma d1r BrYen 1 C1 L K,h UOrfM ,1xa1°Idn"d°\ rxlaryQlY�+,rMN um ud/e Pldm,e N PmfeaelpnPl Lend Svrwpr P1110 STaI[ OF gtLPHOMA ) )n1 q, 411 faxmnlr tlo,n [xM .mMN wtN .x W M IMN k xdc ) SS ,enha wn, 1 bn, ,M1 h mmlW t 1aN n ° n+m le C WNTY M TULSA ) 01mml1 ,pdRa aw,. ,rem a Nn e 1 p ea a9 «a ° Nemry PPwe . wle cmmy ene I \\ L +?=a )idle, E, I. _ N PA+aen °IIY «P<erN I Are a Rd - BUh' [. eon, to me Nneam IP be IN. Id.11AV1 p1,m woe e.nU ,l In,, end faT.e Inalramml end edmandN 1 1 FT. mme «nN. h•• and wlwlPry Oa a .I IN. in�eA end o en 1 \ ♦ IRN MxIwMN InaeN .N ratn. cN•n wan mr nme °dad.,el Inn e.v end N� 1..11% / A 1 IF ,Q 797 t+111p IRA Nu. O I 1 ( IRa9Sl'f 1 I' naa 1� �1 � �� I s N .M' gg R I ( 7 I q ,. 1 \\ A IiM a W Irh, I. SeNP. ID,IY -INef (n) ibMb iwlYan. 1 (111 IMIL Amge larlxn Irl) [ml d W IMnn WI*p. Na [wx,, MY Cammlwlm [.°Uea: j UpMx, bYq «rr wUanA MtneN n m1e,p 11M 1 � ) I � R797 I � 1.19' I S • I N $I 1 , ,I]D1' I . R I y _ I� 62 NalerY Puelle 1 ba011E1C a W IaWN DfW u1N� a NN.Ma; rNn. Wdn I Z 1�er1Ii7oIk Ml�d 9P°p.�.,411Wmai1 w. +dkda,! POII p INAR. DLD f —f - - _ �I qb7 I van' U I I= BbT 11x.1' I D 1 I 11x97 1 I. 'I i-I- W; re . p- = µleO lbiN(Alft, I1.ea,- a rRTI NO obq IM MP. h el [ i n1es Umd11e rpdnrl II[), aNk 1. w rcnl. Nn COUNTY TREASURER'S CERTIFICATE A NPlnrml Wale WI 1 1 4 NNaNxd AP, Od/ll P1 IM 1, da niMolsarinw ln0l I wn U. .1, I Fldnende ggq,ryl /IbeVralk�x, SeAn B)9'tYM aO Nec1N, gUallned and sw°rn CeunlY r Iluls° CPUnI, I� delen a 1119 fM le a Mid: Ibxe Poab 9001]9' !1 P dtllm CalPnemP, In°I In, ,« remre• or ,eM < r`Ir "snax ,net °II ,nna, rr Ine d NAR rxd b Ik IdN a b'f'",q Sda Ii1 maeln 199Y ann year }0p] and PNer port P2 paid an ine PnneA1 P1a1 of NLLAS I vorex Fo, pT sTONEBPIOGC, an °ddlU. to Ine Clly °1 Ow°,w, 1 ONI°nemo, ne N.1 iM rea.1red ,l UA,Uy a eUrlly naa beml dp «Iled I M "A loon"° °one a 11 7lmmrer gearml0ernI PPymml U Uh. mrrmt L - _ a M Vlln lad IhNIPU —1daOr el Tre«urer M1a m— Ilr}OO,IUU nl S -- 1 r0Mb7 I t o R 1R 11 }y ,� e I 101E1OT tsar i 1 1 IF'A7 I WAY R LFy1[eaA R gg 1 3 Dt 1 T -- 8 R I I 119T , R SIT([ I 4sT 1� A ` C «n1Y Tremlre j + j CERTIFICATE OF PLANNING COMMISSION D4.er 1 IOnNor 1 0,19'x,7 I ( al'xBT I' II v ♦ SSYN I 1 C.Nmpn a IN, Ronnln9 ePnminbn IN I. ttly DI Ox°«o. DNIplana. hereby < IIIy ON Ine SUN 110-90 9fi N I R «nlnqq Cemm,d.0 1. 1. IT, Ine Onal`INM el VILLAS Al I SfONCRPMOf, adallm tp (° IT, CITY of Oxpaea ..A—. °l I v m «Ilnq m Ine _ eny of }000. 0 Ap 0 •0 00 120 cnehm°n I,}OF 1 eB0 F IT 1 }!' UA }I I I 9797 1 }.II' Q I I I I I ]) Y�, ,BW., I upl' I N j I= .!R'A7 I.R 1 p}0l l.I FW }), L' IM ue[ ACCEPTANCE OF DEDICATION BY CITr COUNCIL i 1\ : �(� i IY LOOIt SWIFT n Ntneer RxsDlyfO nv In° AT ST Or RF Cn 0 ev1. I /' Ca I 11 }I.IL' U Intl ine °nnea °d °I°I °f NLLAB AT STONEBNIO(1. Y °nt°dElllen 1. to Ine CNy of Oxaaa0. TUNV CmnIY. ONlonana, is MrMY 1 \ 6 I O ,al pppmwd «d Ine dMCall°n, Morn —A. «, h—y .....- and Oec<P1N. VA M I U '11 I ll f1Ae' MI3191N U tl S]f51 ADOPTED b, Ine C.14 al Ine CMY of ON— In1 ____, IA, 0 IF . ROOfl 1 M IW `e'N I I I IF m4w mml)Al Ihl l I�KO by IM M° %D& IN, Clly °f OV«m In1s d°v °r I 7 , ATTEST Y [l _I i R I eTKR7 ! ,I}Al' / I I' II I 10H707 5' N p1A)' A 9707 1 B 6'iar F II 1011 RT .R GN Bu - Dun UYT = PUBLIC U11LI0 E DIE n DRAINAO[ E N •SPN - SET PK ML •FIP - FOUND IRON PNI R xA F m 21 w nrR.- r R WT 'T IT MCI Y N }, FAW. II.Y V/t I Y MAP x • pe )g4p I e+eS M I Ih 94ni pbArq dry. a ml'a el Int pMl h MIN n1M m Pn Maq I' MCI, ! v0 1 Iuv d:qu1'a N Y' p, Iw k.relea * eel Ubr Mhynea, m a n ew warty W wuxoayxa i NWMaad ° tYI-LA AI'SiGJNL'H /1/1JCL• ^\ I0 x ma IP month w. Zv b rap 011X, SW IaI dhM.. 60 fYAI BY GYKiV ExA[.kI,EE.TiNG AM'G / \� / \ � Pxwx+e aWN.K dY aaMR mranhe,l le d1lrvn++Iln �. ,Iw ..'elTS.le�''arw OVN[R, I I CTTY LJ CWNIY 1 1 )u OR H NZ PPOAV �S H ABS,NACTOR I--f A6 TZAR, NOTARY n tttPN (-j Ta1F,a9RFR n 0i'•h�i[If�i�fl�3Fr447�7)i �r o�.r��® Er*= via© oar aK no m® 0[• 0iii'�.7f'ai� 198 ®�.T5 -`� —.3 Si� ®�41iFT!7EEi>•�B m R xA F m 21 w nrR.- r R WT 'T IT MCI Y N }, FAW. II.Y V/t I Y MAP x • pe )g4p I e+eS M I Ih 94ni pbArq dry. a ml'a el Int pMl h MIN n1M m Pn Maq I' MCI, ! v0 1 Iuv d:qu1'a N Y' p, Iw k.relea * eel Ubr Mhynea, m a n ew warty W wuxoayxa i NWMaad ° tYI-LA AI'SiGJNL'H /1/1JCL• ^\ I0 x ma IP month w. Zv b rap 011X, SW IaI dhM.. 60 fYAI BY GYKiV ExA[.kI,EE.TiNG AM'G / \� / \ � Pxwx+e aWN.K dY aaMR mranhe,l le d1lrvn++Iln �. ,Iw ..'elTS.le�''arw OVN[R, I I CTTY LJ CWNIY 1 1 )u OR H NZ PPOAV �S H ABS,NACTOR I--f A6 TZAR, NOTARY n tttPN (-j Ta1F,a9RFR n MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: FINAL PLAT, TEMPLE BUSINESS PARK DATE: APRIL 9, 2008 BACKGROUND: The City of Owasso has received a for the review and approval of the Temple Business Park Final Plat. The Final Plat proposes one (1) lot 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 the east side of 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: The property is currently undeveloped. SURROUNDING LAND USE: North: Recreation Center South: Kum and Go 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. 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. 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. ANAT.VCTC- 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, 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. PLANNING COMMISSION HEARING: The Owasso Planning Commission considered the request at a public hearing on April 7, 2008. At that meeting the Planning Commission unanimously recommended that the City Council accept the Final Plat of Temple Business Park. RECOMMENDATION: Staff recommends Council acceptance of Temple Business Park Final Plat. ATTACHEMENTS: 1. General Area Map 2. Temple Business Park Final Plat -FAIM r--PROJ"E-CT- LOCATION If 8E L-J- 1 Ll Owasso Public Works Department EngineeringDiv. P.O. 180 Owasso, OK 74055 918.2,72,4959 www.cityofowasso.com T. KiFIIY ATO COY Q-- A T, EE d .......... TEMPLE BUSINESS PARK LOCATIONMAP WMAW Final Subdivision Plat TEMPLE BUSINESS PARK mncF I AN ADDITION TO THE CITY OF OWASSO. BEING A SUBDIWSTON INTHE SE14 OF THE SW14 OF THE SE14 N OF SECTION 19, T -21 -N, R -M-E OF THE I.B.&M., TULSA COUNTY, STATE OF OKLAHOMA 1NAx ^� ADDITION HAS I LOT IN 1 BLOCK AND CONTAINS 1.25 ACRE MORE OR LESS. Eli 1.I \ Y.I >2NO2 I I I I I >? I- — —4 aF_J _ J I i } R�NORTH L w \ I I � II I' LE - - - - -- — — — — — — — — ------ --- L- - - -� I /4/ LT N, 16 nax no.mro �, r I 9 rrr r I r I Q I ' ,pm� �- 6'AST96]fI.FIR98TNORi wIP • — oTrw S HP�LI.T�tro 9T�Ilg / ti I `\ I I i 1 0 20 40 60 T' -20' LOCATION MAP LT: -1-' PLATNO. OWNER: M A TEMPLE OJVESfNBNTS, LLC P.O. BOX 721141 Oklahama City, Oklahamo 73172 m (409) 64t -8570 SURVEYOR: WHITE SURVEYING COMPANY 9936 East 55th Place Tuleo, OMohamO 74146 (918) 663 -6924 GNlbob R°l Date! A J um 30, aZN 0 U9 1098 LEGEND: U/E - uTiuTY EAsEmENT BASIS OF HEARINGS: WARRICS SNONN NEREDN ARE DISEO ON THE SOUIN UNE OF THE SE /4 OF SECTION 19. T -21 -N, R -14-E, WN0 ASSL440 S 89.51aa' W. MONUMENT NOTES: ALL LOT AND BLOCK CORNERS ARE NUKED WITH NO, 3 INFORMED RE -9Nt. 19 r1cHNN LANG WIN YELLOW PLASTIC CAP STANPW 15RE CA 1Ow UNLESS NoTEO FLOOD PLAIN NOTE: "S PRO—.y UES M OD ZONE'N- UNSHMEO* FLOW WARD ANSI PER FJRN, fAN5N1Y PANEL 00, 10049E 02351. AS LAST REVISED SEPTEMBER 22, 1999. Ihr w518w a .w1 .ea1. No I,w°4 L. W. plot m W- In o nMwtiod M u. aul.,L ao n4 wrllr a np°M I,w an P.�NM w: °ewnl a e o< Wet I *t ,,.. h M apPM h 20 taro h.n tiw N l bt1Y/mena Noo but b 1,- N M Paa 1 md A_ W— .w4 .wn4 M. —t a M. Ws Ny #W Wt. lur Ep_ NCow" "WisuNR OF tr Temple Business Park, Tulsa County Flnel Pla cu=I, I, DEED OF DEDICATION AND DECLARATION OF RESTRICTIVE COVENANTS @NOW ALL BIEN EY THESE PRESENTS; arE crASw:w11 uL ((MtxE MUM@ Ur M W4Dw:L �PFA�rrI�101'laPn�� MIWm x M q1Y 6llgOp. C. M"R. S — SMP, AND S SEW M OrFp �M 1111 61.NL NM OwOR M PtRlt W01 YNPe, sww Sf1FP tlrp. s+aE sFEO YMe 10GrF0 uww M Un. 1 M an a oam aupaw a rt1 Snotnea sq1 E lvoma[ ra: ovEn 1lrrwwEwe: a w �Ertn v�wa s� xEn Rns� v ww ro:inR wa a :camun m Mc .c,: a M awP a xw Avpvs a mrwlara:e. 1 M On ar pwg50. UgMgYl1 a ec 4t 16 FWL q ML rW a mw�i.a � mn M�o®�ROCVa �a M ar 1rr10. e11rrl REw wwrt a stow REP 11w:t x wr1wR Wrf94'. Y A wllwE rheerl1B11F LLc. N16 CgRD nA1E wOWns ro R OR01Fe 1114 �lMr a< ry��py�mt0 riEtRr:r mw�n P r1AV) v M iWBtlMG OFIICNIOx WO M i9RHA1W COw}Ylll AV) PIM1r AEF00CI1cN a On2iY[e cY[ w n1n1PEP w:e ACANw® e0C K �� n r rncEen a 4 A rpRU! MK{1Yp11• LLU, w4E wRn M 0Ye ro R WwMim. mrxm. WD Purim N wM,lEn M rUr, Pr 'coot ME w+®rc merrs sEr w+M w r1lloAwl..... a e.w..,. w M Cn O Dam plwau a a sxemoq N K aRe 6 M Ilrt an Pvnxr+G ooxrssgN APPPOV.0 "rxe wSwrwlwo y mW:p M 11rS q lAbwOp rAw1 OwwYwM n M lxr > anloo. NI, Color, sort a aNMp1:A AOV! 1p R 101q 1Uwr sIIILL PaNw w wLL WCi w0 OR4T. sew uvtw YY xnp Aw 30. Me _Olt a — MCMN I: EASEYEMS AM UIlR1ES 0. w SLPVICE sYO aon:la>n+ v wwl,rn M wlom roou euawa enr, a w ulAnr EASLYFHrS I. M faAlw a CAl eEmCE n1r0UJ1119 Acerla W nwrtls BML iIU:W/ wa:c NICEN r IMim Nis � wD•, M oelw 000 �e[n ODICAtE ral v n >4 lwt M yrt a A®m Yu viol CRaanR woes a M wAr a q wq,wt0 10w M rr:w aIA:UU[ a aEg0:o0 nA1 M wASgR N Cg11g5q1 f1rR5. M pn' UR r A Uwnr 000En, K II:Nn Oegnt r ODOm a K ALgwWrwE PUr a V q tRpwwO M K Ai;ywrrc wN ra an n M W�rwP�A W� w �w a M MI:O CEAiIC1GiE eP A1wIE! M R11prl wPwn o�ewrvaro.c Ylrrtwxc, owglt; uo+w� >, K we a M tm swu R oexsRC rm M weRP:w1 a M lY"RiFlCAl10N R C1D' IXFJO( m �w�loq wait uwmn apti Er wF ur,m r0 qc na awca un newt n.n ua .K nrsorra uoESO G sgPp :� w na 10! y swA wpge M auR, w wr oar aogruaa Aowr, ..w raaun .:woa� srMrwp oPwWr�M awpgYA tuYw �. n M awaa¢. tAOi y wl IRO nano: aY wL rmRw W W wi rafi OEC, 00n/6. 10!1 0l4 aw y eOwPi wa !a: P m wale Nq ngilrvEwa ngpq m M :aln a< waR A pim ro i G iR2 M 4010r 6 PE G Or[E W{t R �QOZE WI M tyw tARQ V SE A� lYr M oee pill ov w11 0•K a ABRlEPI a romp tll ®w ILIH a K ORw a m KM! a �.: rwr M ++n a w mwem :e:mP ws scot cP6�Ywi: v:aiOOim. wRrO wq Mr M W eiC:m Wv0 wq �rAwrO) spas jap5 w K 111@1, asses A wom -aas wl K Rn ro naoo mm E rwum. Rcwc a w U11P sR ama a RpR Avrp m:n.cro,a wyR• w A HIVE wpwfiwRiW Or 6Aq NRr W0 16 N rr wM M aargw IwAr snows w:: M wlsra a OML01 0E EL Irlp00[ eN M wa:>Q nOCi RL R N /Cm OrF6 0awle w wlwa mw a Oql w fnBi. C6a0t a ggr.or_ } K IRNC W.FNNR f6r NwM H M{ eAYLr1YN pwL R (aPG,VIL urs 91101 q pArnO n M ogAaN solo a um®: mP wpw�ia FrldOq MO VN0 Sw1F1VK. wgal a 1rr MR E ME 9lwa LR M G 41xKE NO M oan a M ter .1p ®n R eplis NFII♦sl. :wwgpw�srt,q ,gnww Neal BLLl woar M COwaCtP a atR Mweq wllai 1� R N16 pq S .Y£ nw UO MD! WanN:E E PAMO MD LkVSCWNC JOHN EASENENR A r4 uaa rmi W p0anlliw:l ro NN FA4f90. MIM onwv000Pr Mfr HMIY ERTOPq amap RqT PpURIOm 01YL E �wlrpr{F NP A�wOM SrAIE Or Owrw1N _ n Ew ?® r�� Os a M rah W NP a ¢ wrp M UPIIrY 1wC x M Czar Awr UlP R A VAlrr UOwn w000 unlOnb M rK�irS Oar rt 4 rC.EOWrw tlnMYw�rM w PpOOwO V01IIr {e:Ey 1wwAE P01110. M tm D ay0 OlpOa M9 A6MpEe lW Aa1ogRE0UF0 BEIawE E a rxw _ 0q Oi 1pP g01011K e4 04wr Iq[e ro a w1uP 1001en WI W 0RB r1/� OKMiI O! 4V Mwic[ NCM K0Yr6 rO�wOr� wLMI . Br NY A :Yn.FS. UlS Ip0 qt wW M flnon, M tEe ML Ia OElne w 1103 Es ®O OsT 11:0 arM K 01E 11lW AiQ �1a elEe. ROpYV4l iWl R OEAm ro wpm 1141 PAw4 WfI1CY0e ODnlow Wrt r0� wV 915 � 00 Aer W�6nsR aom Asmem ew K 0we:pw(L a wEr ar ®c c tNEV ulwn R a1En NnotE wu R EwtE mr E M tretm e. unaEwcnvuno ununEs NOArrANCE a sEawAnoN er cm wuxai x�ACOM�RO�w�wMw�x°�x McrtrMin°naw a°�m.[a ws ev r �n WIEr AatOIF]A AOOrrro h M COOIrA. OF UOrsV M rlq _��n a ]eC0 GwY GEI11 WYa A sMi oc0{a.W.r rT U M0 �1PE M ma K P¢Yrm M �wiwZ � AcAxY q U�¢p wniK uRS rs ci vRS xiopi mrazsla 49mNCAlE R' WUNr1' 111EAS1PEw IEIe �5 �010�WOdM rY�M M � 9GM�OI nE�wNd® EAM�wIO N^90 nv usr °araO°wTU. ma.°N i�eaw�0v�ave�n a ' rwmPUa w�wM�i'a M 1000 rAR1 aYailvly i Imnm :»i nc roirri oma`o ar nit soma - - : "i:.n u: no cur w r:ii'.aniw.ii o' wr�.:w v.rs an Pvnxr+G ooxrssgN APPPOV.0 EEr 000 AO P 4Ar0R YI R EEO R OElae UR a l�q Or[ � OOEC Hypo / M 0909 4 51w1c 11:9 yler 8 ®wG AAOC pRt 11LLwel N 00 wmr ai E WOpm a wept£ T M On p Ow® wAwwq OwOel a ni OISm9Yl AV wswE ev M Gr a Or ®. OWKW 0naw3 wn� n M uwS y Eruln6 6 M Smi S OnAlau ivn yVl 9rC a a1I4M KAnv Wmri G Uta )rL E IOOm VyOYi veer rs emolE ww toot iIA1r Elm y w M oa.o- Ralfwwwta rwcm. sYO aon:la>n+ v wwl,rn M wlom roou euawa enr, a iM t a K wla2 mms E Wvm a M .mwuwc wAr. E1KE ws ro wAVOwwa, r noses a s,wv Ar cem:gwli warYa Yw N1p a tppnm w M anon wwc M — t umruowu saa¢ o:ae w G RInG two ro u snow aOl W E pirE 0pwr M 9feY3< R — Nd M E0@ sic roN r. Exmnetvfl+r. pnAnw wENwEmm vu ter: ouaux W lrw. SOaR rmOR a p0og0P N M lOT G EQ 100111E 71 A wOtCOgI. M wSClgq Mwa SQ tool w 6AgMR ro wM E M IIIAP AE me10001 6 Sp: OwA;1K K Ilb E U» U:V: M lR. wp® r11w as M .mwt.aol R A ew¢ oa[ a EY K UE A fM1 E EOO Ulgl K 00EC 0 R®6 y 006 e1w M woma a t@a I, ems aeEiw y trio E Rr lY"RiFlCAl10N R C1D' IXFJO( G 1FFY:E 111[ ro A IYw4W imlOUC M vwEl a Oia sIY1 :0:priq E ORIe ro Plw • vfwn4 wwaer, ae:K AV :p -m1aR �w:pinll WElwe wo angmaw wwwl wlvww llioero Av I:Or nep11 a corm M N1Mwi wow 16+91 i 0WL jEE �fOU 6' wwr�1- v aEYOw a M am, waYn; A 0 root mw mwona 1A Mwar:vEAAZi m�r:npm:.�s m was n M talm P wp E Owop [ T M ar v atop, aua4 �, � a tie �a a � � wwe o ar M cmww D< OIIdA W IEOr Rlwn nw ii ,r�E IXrARO MBE K W Oe y /10 n10 wl OOOCa MwrrR a UWOrm Ki41Pr5 uw re nvc 1prnte reowa a ew°P°°w0rw rli n'wwrn.e�. ws r mu, v w a :: am p.wr M leew a l�eme Yowa al r®a worm :re Ea n w. wv rnv a m nma A� eu�aws �41oe r r M twe q wow M M wom aa..wa, nv »ac caMwnra., .rq G sTCas rt.ao::m wmm con y e+wsa wwa v ru nRC ww M+wr nvMC m In.YC ri Ew morp. rp wow w a nor wet m oaw a ro an.s wMra Ex M mvrw of ro :avE: oR� iA:OeneuAO. M rwj,e +i � I� M�F tm a tla�m �wao ee 41191 TMR n M pwlol a M 1T wwu E :®ow.¢[ ra M rlm¢:M P M aen IEJrr OeOer b E wO]E a wlq IewA M pR16 WrM M Rai °a ts�E wriw.r'N°ws1O�aaaicmm�ri+w Eu°MAp w as .ten, M� aw�Epwa ru un0°'un uEn� or nASA acorn. aruxew w M osmc melee oat iareww a G rota eIW wawa 6!1104£ 31111E R rppeaL wR OpMY YRrlpll4 6 OmOpcp ��In, c11:rIOYn1 a Wr PE9TRT01 &T NPIII twtFlll, a WY oNO1dUma Ptga�® e: Acu ac � ape'Ew+ w 1ReO°'P.mm w�mwr�m wu'nrt�l,w: me al°�as*wvrK ww�l ry u �ar iroll:r w�a. mo w Maanvwc. nac�wa:e a�qe ems � al w r sr .aM ::ww. w1 Mw. ia:.w w ruu awe wu o.er. Final SubciiNision Plat TEMPLE BUSINESS PARK A Irn ol'61n SFJA of ihr %W.11 oflhe Sr. l oftiaainn 1!1,'1' -YI -S, F -I I-E. of Ilm I.H.&.\f., City of 0x 6-),l'ulm County, Sint of 0►lahmua Temple Business Park, Tulsa County Final Pler, April 2, 2008 SHEET 2 OF 2 MEMORANDUM TO HONORABLE MAYOR AND MEMBERS OF THE COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: ANNEXATION 08 -01 DATE: APRIL 9, 2008 BACKGROUND: The City of Owasso has received a request for the annexation of approximately 5 acres, located at 10602 North 97th East Avenue. LOCATION: Located on the northwest corner of E. 106th Street North and N. Mingo Road. EXISTING LAND USE: The property contains one house. 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. 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 applicant has agreed to dedicate 65' of right -of -way for future road expansion. 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. PLANNING COMMISSION HEARING: The Owasso Planning Commission considered the request at a public hearing on April 7, 2008. At that meeting the Planning Commission unanimously recommended that the City Council approve the annexation request. RECOMMENDATION: Staff recommends Council approval of the request to annex the property into the corporate limits of the City of Owasso. ATTACHMENTS: 1 . General Area Map 1 MFTRP-,-- SITE aA Ah WPzrzZZ4'A 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 S 03/19/08 105 I �1 ►�i [�7:7 ►I 1 lu 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: April 10, 2008 BACKGROUND: The 2005 Stormwater 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 96th 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 96th Street North and North 121" 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 96th 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 final 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. RECOMMENDATION: 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. Ovemm/Underrun Schedule C. Final Pay Request I I 0 r 0 LL a 0 t+ d d 0 0 Li 0 w dd 0 L �� North Garnett Regional Detention (Phase 1) 60" Storm Sewer Overrun/Underrun Schedule TOTAL PROJECT UNDERRUN $15,439.50 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: 01109/2008 111 NORTH MAIN Owasso, Ok 74055 Application Date: Period To: 3/3/2008 TO 3/14/2008 'ROM: 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 :ONTRACT 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 $145,930.00 2. Net Change by Change Orders $0.00 3. Contract Sum to Date (Line 1 & 2) $145,930.00 1. Total Completed & Stored To Date $130,490.50 (Column J +L On Continuation Sheet) 5. Retainage: a. of Completed Work (Column O On Continuation Sheet) - Final b. of Stored Material $0.00 (Column J on Continuation Sheet) Total Retainage (Line 5a & 5b) $0.00 6. Total Earned Less Retainage $130,490.50 (Line 4 less Line 5 Total ) 7. Less Previous Certificates for Payment $ 110,486.70 8. CURRENT PAYMENT DUE $20,003.80 D. Balance to Finish, Plus Retainage $15,439.50 (Line 3 less Line 6) CHANGE ORDER SUMMARY: ADDITIONS Change Orders approved in previous months by Owner TOTALS Approved this month Number Date Approved TOTALS $ Net Change by Change Orders PAGE2OF4 DEDUCTIONS 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: BY: (---'r01, n1 r Date: STATE OF OKLAHOMA ) SS COUNTY OF CREEK ) Subscribed and sworn to before me this 14TH day of MARCH 2008 (SEAL) OTAR,� CREEKCOONTY� Nota6 Public #02012877 EXR - -ZrJ 4 OF ��► CITY OF OWASSO 96TH STREET NORTH & NORTH 121ST EAST AVENUE 60 -INCH STORM SEWER ARCHITECT'S / ENGINEER'S CERTIFICATE FOR PAYMENT PAGE3OF4 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: Q S�J&S5c-_ s tL �_kc_ \�Jm IZ-wL -S By (- -'-=' Date: � c 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. CITY OF OWASSO 96TH STREET NORTH & NORTH 121ST EAST AVENUE 60 -INCH STORM SEWER CLAIM OR INVOICE AFFIDAVIT STATE OF OKLAHOMA COUNTY OF CREEK PAGE4OF4 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. rk,n I Contractor or Supplier Architect, Engineer, or other Supervisory Official Subscribed and sworn to before me this Notary Public Commission * My Commission Expires: day of 2005 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 & NORTH 121ST EAST AVENUE 60 -INCH STORM SEWER MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROGER STEVENS INTERIM PUBLIC WORKS DIRECTOR SUBJECT: FIRE STATION NO.3 WATERLINE EXTENSION PAYBACK AGREEMENT DATE: April 10, 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 for a "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 for a "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 Fire Station No. 3 Waterline Extension Possible Payback Agreement Page 3 of 4 parcels previously not served (or served to a limited extent) by the Authority. These parcels 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 '/z 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 of Owasso /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. Fire Station No. 3 Waterline Extension Possible Payback Agreement Page 4 of 4 RECOMMENDATION: Staff recommends the creation of a payback area associated with the construction of the Fire Station No. 3 Waterline Extension. Staff further 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. If approved by the Council, staff will present an ordinance reflecting such approval at the May 6, 2008 City Council meeting. 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 LAI IN 1011 LOCATION MAP N W E S 03/05/08 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: April 15, 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. 1 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 may be 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 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. 3 Oklahoma Statutes Citationized Title 18. Corporations Chapter 15 - Tele_graph and Telephone Companies Section 601 - Right of Way - Use of Public Ground, Streets and Highways - Use of Railroad Property - Certain 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 or right -of -way by the railroad company; the right -of -way over real property granted in this section may be 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: El 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 may be 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 may be 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 E recommend to the City Council that the proposed Agreements submitted by AT &T and Cox be approved and executed by the Mayor. RECOMMENDATION: The Staff recommends that the City Council approve the proposed agreements with AT &T and Cox and further authorize the Mayor to execute the two Agreements and any other necessary documentation. ATTACHMENTS: 1. AT &T Agreement 2. Cox Communications Agreement 3. Oklahoma Attorney General's Opinion, May 3, 2006 rel 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 may be 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 IP- 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 ") may be 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) recurring charges for IP- enabled Video Services; (ii) event -based charges for IP- enabled Video Services, including but not limited to pay - 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 IP- 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 1P- 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 may be 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 (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. Binding Effect. 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. 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 52008. 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 1 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 ") may be 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 may be 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. Binding 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. 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