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1998.04.21_City Council Agenda
r PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: April 2l, 1998 TIME: 7:00 p.m. PLACE: Council Chambers, Owasso Community Center Notice and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 p.m. on Friday, April 17, 1997. Marci outwell, City Cle k AGENDA ii ii ii 1. Call to Order 2. Flag Salute 3. Roll Call 4. Consideration and Appropriate Action Relating to a Request for Approval of the Consent * Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from consent by request. A motion to adopt the Consent Agenda is non-debatable. 'r A. Approval of the Minutes of April 7, 1998 Regular Meeting and April 8, 1998 and April 13, 1998 Special Meetings. Attachment #4-A B. Approval of Claims. Attachment #4-B C. Action Relating to Ordinance #573, an Ordinance Providing for the Adoption of the International Mechanical Code. Attachment #4-C The staff recommends Council approval of Ordinance #573. Owasso City Council April 21, 1998 Page 2 D. Action Relating to Ordinance #574, an Ordinance Providing for the Adoption of the ~ International Plumbing Code. Attachment #4-D The staff recommends Council approval of Ordinance #574. E. Action Relating to Ordinance #575, an Ordinance Amending Section 718, Part Fifteen, Chapter Seven of the City of Owasso Code of Ordinances, Relating to the Parking of ~... Certain Commercial Vehicles on Public Streets in Residential and Commercial Areas; and Section 719, Part Fifteen, Chapter Seven of the City of Owasso Code of Ordinances, Relating to Handicapped Parking. Attachment #4-E The staff recommends Council approval of Ordinance #575. F. Action Relating to Ordinance #576, an Ordinance Amending Section 1140, Chapter Eleven of the City of Owasso Zoning Code, Relating to Design Standards for Off- Street Parking Areas. Attachment #4-F The, staff recommends Council approval of Ordinance #576. G. Action Relating to the Acceptance of Improvements to the Water and Sanitary Sewer w Systems Constructed to Serve The Fairways IV, an Addition to the City of Owasso, ~ Tulsa County, Oklahoma. Attachment #4-G The staff recommends Council acceptance of the infrastructure improvements. ,~ H. Action Relating to the Extension of a Contract for the Purchase of Gasoline and Diesel Fuel for City Vehicles. Attachment #4-H The staff recommends Council approval of a one year extension of a contract with GO! Systems to provide gasoline and diesel fuel through June 30, 1999 at a bid margin of .06C per gallon over the Oil Price Index Service, and that the Mayor be authorized to ~' execute the extension agreement. i~ Owasso City Council April 21, 1998 Page 3 ' S. Consideration and Appropriate Action Relating to a Request that the City Council Declare Two Vehicles Surplus to the Needs of the City, and Authorize Staff to Dispose of Such. Mr McElrath ' Attachment #5 ~ The staff will recommend that Council declare as surplus a 1985 Plymouth Grand Fury, currently assigned to the Community Center, and a 1981 International Bus, currently assigned to Support Services, and that the Council authorize the City Manager to accept bids for the sale of the vehicles. r ' 6. Consideration and Appropriate Action Relating to Final Acceptance of Work Performed Under a Contract for FY 1997-98 Street Repairs at Various Locations, Between the City of Owasso and Newman Contracting Company Inc, and Authorization for Final Payment and Release of Retainage to the Contractor. Mr Lutz Attachment #6 The staff will recommend Council acceptance of the work performed under the contract, and that final payment in the amount of $36,421.29 and release of retainage in the amount ~ of $9630.88 be authorized. 7. Consideration and Appropriate Action Relating to Ordinance #577, an Ordinance Approving and Adopting an Action by the Owasso Public Works Authority, Wherein Water and Wastewater Connection Fees Were Increased. Mr Carr Attachment #7 The staff will recommend Council approval of Ordinance #577 establishing connection fees charged to City of Owasso water and wastewater customers and approving action taken by the OPWA to establish those fees. Owasso City Council April 21, 1998 Page 4 8. Consideration and Appropriate Action Relating to A) Acceptance of Sanitary Sewer Improvements of the Tulsa County Sewer Improvement District #6; B) Approval of Ordinance #578, an Ordinance Approving the Consolidation of the Tulsa County Sewer Improvement District #6 With the Wastewater Collection System of the City of Owasso, Defining the Terms and Conditions Relating Thereto; and C) Approving an Agreement With Tulsa County Sewer Improvement District #6 for the Consolidation of Such Sewer District With the City of Owasso Wastewater Collection System; and Authorizing the Mayor to Execute All Documents Related Thereto. Mr Carr Mr Cates Attachment #8 "~ The staff will recommend Council acceptance of the sanitary sewer improvements, approval of Ordinance #578, and approval of the agreement with Tulsa County Sewer Improvement '~'~ District #6. ~,,,, ^ 9. Consideration and Appropriate Action Relating to a Request for Council Approval of an ~ Agreement for the Development of Specifications for Police Firing Range Chief Alexander Attachment #9 The staff will recommend approval of an agreement with Imel & Graber Architects, Tulsa, ~ OK, for the development of construction specification for a Police Firing Range, at a cost not to exceed $10,000, and authorization for the Mayor to execute the document. 10. Consideration and Appropriate Action Relating to a Request for City Council Approval of an Agreement Between the City of Owasso and QuikTrip Corporation, Wherein the City and QuikTrip Agree to Conditions Governing the Exchange and Development of Real Estate; and Authorization for the Mayor to Execute the Agreement. Mr Rooney Attachment # 10 ~I I The staff and City Attorney have developed an agreement with QuikTrip Corporation for ~ the exchange and development of real estate, and recommend City Council approval of the agreement and authorization for the Mayor to execute the document. N i~ Owasso City Council April 21, 1998 Page 5 11. Consideration and Appropriate Action Relating to a Request from Rick Kramer to Rezone Property Located Immediately North of 704 N Carlsbad; from AG (Agriculture) to RS-3 (Residential Single-Family High Density). Mr Rooney Attachment # 11 ' The Owasso Planning Commission has conducted a hearing on this request and has recommended Council approval of the requested zoning. The staff concurs with that ' recommendation. 12. Consideration and Appropriate Action Relating to the Approval of a Final Plat for Owasso Golf and Athletic Club. ' Mr Rooney Attachment # 12 ~" The Owasso Planning Commission has reviewed the request for a final plat for Owasso Golf and Athletic Club, located between E 76th St N and E 86th St N, east of N 129th East Ave, and has recommended Council approval of the plat. The staff concurs with that recommendation. ~ 13. Consideration and Appropriate Action Relating to the Approval of a Final Plat for The Fairways IV at Bailey Ranch. Mr Rooney Attachment # 13 The Owasso Planning Commission has reviewed the request for a final plat for The Fairways IV at Bailey Ranch, located immediately north of The Fairways II at Bailey Ranch, containing 69 residential lots on 23.7 acres, more or less, and has recommended Council approval of the plat. The staff concurs with that recommendation. Owasso City Council April 21, 1998 Page 6 14. Consideration and Appropriate Action Relating to the Selection of a Site for the Location of a City Hall Facility, and Authorization for the City Manager to Develop a Property Acquisition Plan for Consideration by the City Council. Mr Ray Attachment # 14 The City Manager will present the recommendation received from the Site Selection Review Committee, a report from the consultant hired by the City, and a staff recommendation that, if adopted, would establish the general area of the current police station as the preferred location for the proposed City Hall facility, and request Council authority to prepare a plan for the method by which the property could be acquired by the City. ~.~k8' Unfinished Business NOTICE OF PUBLIC MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: April 21, 1998 TIME: 7:00 p.m. PLACE: Owasso Council Chambers, Community Center Notice of Addendum filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 p.m. on Monday, April 20, 1998. Marci outwell, City Clerk ADDENDUM TO AGENDA Items numbered 1 through 14 on the agenda filed on April 17, 1998, shall remain the same. Items numbered 15 through 20 are now numbered 17 through 22; and the following is submitted for addendum thereof. 15. Consideration and Appropriate Action Relating to Mowing Contracts for City Properties. Mr Rooney Bartlesville Turf & Landscape, the mowing contractor whose bids were accepted for mowing Rayola Park, Elm Creek Park and Three Lakes Drainage Easement, has notified staff that he will be unable to accept the contracts. Staff will recommend Council approval of the following contracts to be awarded to the next low bidder: 1. Rayola Park -Town & Country Landscape at $233.00 per mowing 2. Elm Creek Park -BrushHog Services at $200.00 per mowing 3. Three Lakes Drainage Easement -BrushHog Services at $400.00 per mowing 16. Consideration and Appropriate Action Relating to Change Order #l, a Change Order to a Contract Between the City of Owasso and Horizon Construction Company Inc for the Construction of Parking Lot Improvements at Owasso Sports Park. Mr Rooney The staff will recommend Council approval of Change Order #l, increasing the contract in an amount not to exceed $8299.75, for the purpose of stabilizing the subsurface soil conditions. i~ OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, April 7, 1998 The Owasso City Council met in regular session on Tuesday, April 7, 1998 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Friday, April 3, 1998. ' ITEM l: CALL TO ORDER Mayor Barnhouse called the meeting to order at 7:04 p.m. ' ITEM 2: INVOCATION Robert Carr, Director of Public Works, offered the invocation. ITEM 3: FLAG SALUTE A Dr Standridge led in the flag salute. ITEM 4: ROLL CALL PRESENT ABSENT ~ Mary Lou Barnhouse, Mayor Michael Helm, Vice Mayor Tracy Standridge, Vice Mayor Denise Bode, Councilor ' Mark Wilken, Councilor STAFF '~ Rodney J Ray, City Manager Ronald D Cates, City Attorney Marcia Boutwell, City Clerk ~ A quorum was declared present. ITEM 5: READING OF MAYOR'S PROCLAMATION Mayor Barnhouse presented a proclamation to Ms Cathy Hutchison, recognizing Precision Components as Business of the Quarter for the Second Quarter of 1998. ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. A. Approval of the Minutes of March 17, 1998 Regular Meeting, and March 24, 1998 and March 31, 1998 Special Meetings. B. Approval of Claims. C. Action Relating to Ordinance #572, an Ordinance Providing for the Rezoning of 168.692 Acres, More or Less, Located North and West of East 96th St N and the Owasso Expressway; from AG (Agriculture) to CS Owasso City Council April 7, 1998 ~ (Commercial Shopping Center), OL (Office Light), RS-3 (Residential Single-Family High Density), RS-2 (Residential Single-Family Medium Density), and RE (Residential Estates). D. Action Relating to the Renewal of the Enhanced 911 Interlocal Agreement. The consent agenda included minutes of the March 17, 1998 regular meeting and the March 24, 1998 and March 31, 1998 special meetings, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) General Fund $55,740.75; (2) Collision Self- Insurance $5,502.65; (3) Workers' Comp Self-Insurance Fund $2,589.25; (4) Ambulance Service Fund $1,582.33; (5) City Garage $6,347.21; (6) Capital Improvements $1,384.51; (7) Park Development $5,000.00; (8) Capital Projects Grant $1,712.31; (9) Payroll #1 $139.443.13; (10) City Garage Payroll #1 $4,027.50; (11) Payroll #2 $138,636.43; (12) City Garage Payroll #2 $3,971.32. Item #3 requested approval of Ordinance #572, based on Council action taken on March 17, 1998 approving the rezoning and authorizing an ordinance. Item #4 requested Council renewal of the Enhanced 911 Interlocal Agreement, an agreement which has been in place since 1989 and which must be renewed each year before May 1 for the participating jurisdictions to continue participation in the regional E-911 system. Mr Wilken moved, seconded by Dr Standridge, to approve the consent agenda. AYE: Wilken, Standridge, Barnhouse NAY: None Motion carried 3-0. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A CASH TRANSFER FROM THE GENERAL FUND TO THE MUNICIPAL COURT FUND SUCH TRANSFER REQUESTED IN THE AMOUNT OF $3333 OS Mr Ray said that the Court Fund was found to be out of balance in February 1997 when the Finance Department assumed accounting duties for the Court. A shortage in the fund is attributable to poor accounting, with not all transactions being recorded, as well as returned checks. The Finance Department has verified the exact amount of funds that need to be restored to the Court Fund and are requesting a transfer from the General Fund to the Municipal Court Fund. Dr Standridge moved, seconded by Mr Wilken, to approve a cash transfer from the General Fund to the Municipal Court Fund in the amount of $3333.05. 2 1 ~- Owasso City Council April 7, 1998 AYE: Standridge, Wilken, Barnhouse ~ NAY: None ~. Motion carried 3-0. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REPORT FROM THE PARKING ORDINANCE REVIEW COMMITTEE. ~" Mr Rooney said that in January the City Council directed staff to create a committee to review regulations relating to residential and handicapped parking. The committee was formed as a " result of citizen concerns regarding the parking of large commercial vehicles in residential areas, ~ and a lack of handicapped parking in conformance with ADA requirements. Three meetings were held, with changes being recommended to both the City of Owasso Code of Ordinances and the Owasso Zoning Code, to address and clarify the concerns. The Council was provided y with the recommended changes. Mr Wilken moved, seconded by Dr Standridge, to approve the ~ amendments to the Owasso Code of Ordinances and the Owasso Zoning Code, as well as the steps outlined for business notification, and to direct the staff to draft the necessary ordinances ~ to amend those documents. AYE: ,Wilken, Standridge, Barnhouse NAY: None Motion carried 3-0. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE DEDICATION OF DRAINAGE EASEMENT FROM ALLEN ROBINSON AND DORIS ROBINSON TO THE CITY OF OWASSO AND THE DEDICATION OF REAL PROPERTY FROM ALLEN ROBINSON AND DORIS ROBINSON TO THE CITY OF OWASSO. Mr Lutz presented the item. The Owasso NSP Roadway and Drainage Improvements project scope of work includes extending Fifth Ave east to intersect with the Highway 169 west service road, widening 1900 feet of drainage channel and constructing a box culvert bridge spanning the channel. Land for the roadway must be acquired and a drainage easement is needed for the channel improvement. The landowners, Allen and Doris Robinson, have provided a Deed of Dedication for the roadway which transfers ownership and maintenance of this tract to the City. They have also provided a Drainage Easement transferring maintenance of the improved channel to the City. Acceptance and execution by the City is required to complete the documents. Mr Wilken moved, seconded by Dr Standridge, to accept the Drainage Easement and Deed of Dedication from Allen and Doris Robinson, and authorize the signing of the documents by the Mayor and City Clerk. 3 Owasso City Council AYE: Wilken, Standridge, Barnhouse NAY: None Motion carried 3-0. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR A SUPPLEMENTAL APPROPRIATION TO THE COLLISION SELF-INSURANCE FUND. Ms Bishop said that the City is self-insured for collision on city vehicles. Because of two vehicles sustaining major damage in FY 1997-98, insufficient funds remain to cover repairs needed for the remainder of the fiscal year. The staff requested a supplemental appropriation to the fund of $4000, which would cover the cost of repairs to the latest damaged vehicle and leave a balance of $2541.69 for the remainder of the fiscal year. Dr Standridge moved, seconded by Mr Wilken, to approve a supplemental appropriation to the Collision Self-Insurance Fund in the amount of $4000. AYE: Standridge, Wilken, Barnhouse NAY: None Motion carried 3-0. ^ ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A ' REQUEST FOR COUNCIL RATIFICATION OF AN ACTION TAKEN BY THE CITY MANAGER WHEREIN A COMMITMENT WAS MADE FOR THE EXPENDITURE OF FUNDS EXCEEDING THE MANAGER"S AUTHORITY SUCH EXPENDITURE IN THE AMOUNT OF $5874 25 TO SHAHEEN CHEVROLET. LANSING. MI FOR THE PURPOSE OF REPAIRING A 1994 POLICE VEHICLE. ^ Mr Ray presented the item. In January a police vehicle sustained extensive electrical damage during a vehicle fire. That damage was not covered by warranty and estimates were obtained for the repair of the vehicle. The vehicle was then repaired at a cost of $5874.25, an amount that exceeded the City Manager's spending authority. Dr Standridge moved, seconded by Mr Wilken, to approve and ratify the expenditure of $5874.25 for the repair of a police vehicle, and authorize the payment of $5874.25 to Shaheen Chevrolet of Lansing, MI for work performed. AYE: Standridge, Wilken, Barnhouse NAY: None Motion carried 3-0. April 7, 1998 , ~ ' Owasso City Council April 7, 1998 ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OBTAINING E 911 EQUIPMENT FROM SOUTHWESTERN BELL ' FINANCIAL SERVICES AS WELL AUTHORIZING SOUTHWESTERN BELL TELEPHONE REMITTANCE OF E-911 REVENUES SUFFICIENT TO ' MAKE THE MONTHLY LEASE PAYMENT TO SOUTHWESTERN BELL FINANCIAL SERVICES. Chief Alexander said that Southwestern Bell Telephone collects a 5 % fee on residential and commercial telephone bills for support of the City of Owasso emergency communications center. New 911 equipment has been approved by the Regional E-911 Board and that equipment will be installed in the communications center when the police department is relocated to City Hall. The equipment is being financed by Southwestern Bell Financial Services and leased to the City of Owasso through a lease purchase agreement. The equipment will become the property of the City at the end of five years. Mr Wilken moved, seconded by Dr Standridge, to approve the master lease purchase agreement with Southwestern Bell Financial Services, to authorize Southwestern Bell Telephone to remit portions of the proceeds of the E-911 fee to Southwestern Bell Financial Services for the lease payments, and to authorize the Mayor to execute all the necessary documents. AYE: Wilken, Standridge, Barnhouse NAY: None Motion carried 3-0. ITEM 13: REPORT FROM CITY MANAGER Mr Ray thanked the Parking Ordinance Review Committee for their work. He also thanked Ms Candace Low, Associate Director of Ability Resources Inc, who provided information on accessibility issues. Ms Rene Rinam interpreted for Ms Low. ITEM 14: REPORT FROM CITY ATTORNEY No report. ITEM 15: REPORT FROM CITY COUNCILORS No report. ITEM 16: UNFINISHED BUSINESS None. 5 Owasso City Council April 7, 1998 ITEM 17: NEW BUSINESS None. ITEM 18: ADJOURNMENT Dr Standridge moved, seconded by Mr Wilken, to adjourn. AYE: Standridge, Wilken, Barnhouse NAY: None Motion carried 3-0, and the meeting was adjourned at 7:35 p.m. Mary Lou Barnhouse, Mayor Marcia Boutwell, City Clerk i~ OWASSO CITY COUNCIL ' MINUTES OF SPECIAL MEETING Wednesday, April 8, 1998 ' The Owasso City Council met in special session on Wednesday, April 8, 1998 in the Presidential Suite at the Owasso Best Western Inn & Suites per the Notice of Public Meeting and Agenda ~ posted on the City Hall bulletin board at 4:00 p.m. on Friday, April 3, 1998. ITEM 1: CALL TO ORDER AND ROLL CALL. ~ Mayor Barnhouse called the meeting to order at 10:30 a. m. an declared a quorum present. COUNCILORS PRESENT COUNCILORS ABSENT Mary Lou Barnhouse, Mayor None Tracy Standridge, Vice Mayor Michael Helm, Councilor (in at 11:10) Denise Bode, Councilor Mark Wilken, Councilor ~ OTHERS PRESENT Melinda Voss, Councilor-Elect Allen Harder, Human Resources ~ Because the room did not lend itself well to a meeting of this type, Mr Wilken moved, seconded by Dr Bode, to recess the meeting and reconvene at 10:45 a.m. at the Bank of the Lakes Board Room. AYE: Wilken, Bode, Standridge, Barnhouse ~ NAY: None Motion carried 4-0, and the meeting was recessed at 10:32 a. m. Meeting reconvened at 10:45 a.m. at the Bank of the Lakes Board Room, 12401E 86th St N. ITEM 2: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PERSONNEL MATTERS RELATING TO THE OFFICE OF THE CITY MANAGER SUCH EXECUTIVE SESSION PROVIDED FOR IN O.S. 25 SECTION 307(B)(11. Mr Wilken moved, seconded by Dr Bode, to move into executive session for the purpose of discussing personnel matters related to the office of City Manager. AYE: Wilken, Bode, Standridge, Barnhouse NAY: None Motion carried 4-0 and the Council moved into executive session at 10:47 a.m. Councilor-elect Voss and Mr Harder were invited to participate in the executive session. Out of executive session at 12:35 p.m. Owasso City Council April 8, 1998 Mr Wilken moved, seconded by Dr Bode, to recess to Corbin James restaurant for lunch. AYE: Wilken, Bode, Helm, Standridge, Barnhouse NAY: None Motion carried 5-0, and the meeting was recessed at 12:36 p.m. Meeting reconvened at 12:45 p.m. at Corbin James restaurant. "~ Following lunch, Mr Wilken moved, seconded by Dr Bode, to recess to Bank of the Lakes Board Room. AYE: Wilken, Bode, Helm, Standridge, Barnhouse ~ NAY: None '"" Motion carried 5-0, and the meeting was recessed at 1:40 p.m. Meeting reconvened at 1:47 p. m. at Bank of the Lakes Board Room. Mr Wilken moved, seconded by Dr Bode, to return to executive session for the purpose of continuing the discussion of personnel matters related to the office of City Manager. AYE: Wilken, Bode, Helm, Standridge, Barnhouse NAY: None Motion carried 5-0 and the Council moved into executive session at 1:48 p.m. Councilor-elect Voss and Mr Harder were invited to participate in the executive session. Out of executive session at 5:10 p.m. ITEM 3: ADJOURNMENT Mr Wilken moved, seconded by Dr Bode to adjourn. AYE: Wilken, Bode, Wilken, Helm, Standridge, Barnhouse NAY: None Motion carried 5-0 and the meeting was adjourned at 5:11 p.m. Mary Lou Barnhouse, Mayor Marcia Boutwell, City Clerk ~ OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Monday, April 13, 1998 The Owasso City Council met in special session on Monday, April 13, 1998 in the Bank of the Lakes Board Room per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 10:00 a. m. on Thursday, April 9, 1998. ITEM 1: CALL TO ORDER AND ROLL CALL. Mayor Barnhouse called the meeting to order at 5:59 p.m. an declared a quorum present. ' COUNCILORS PRESENT COUNCILORS ABSENT Mary Lou Barnhouse, Mayor None Tracy Standridge, Vice Mayor Michael Helm, Councilor (in at 6:05) Denise Bode, Councilor (in at 6:02) Mark Wilken, Councilor OTHERS PRESENT Melinda Voss, Councilor-Elect Allen Harder, Human Resources ~ ITEM 2: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF ' DISCUSSING PERSONNEL MATTERS RELATING TO THE OFFICE OF THE CITY MANAGER SUCH EXECUTIVE SESSION PROVIDED FOR IN O.S. 25 SECTION 307(B)(1). ' Dr Bode moved, seconded by Mr Wilken, to move into executive session for the purpose of discussing personnel matters related to the office of City Manager. AYE: Bode, Wilken, Standridge, Barnhouse NAY: None Motion carried 4-0 and the Council moved into executive session at 6:04 p.m. Councilor-elect Voss and Mr Harder were invited to participate in the executive session. 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'.. ._: 1:-.I" r'I I' . .'i J::_1`, 1 I l! i 1"j !.._ ... __ ,._ i{' v .~ ~..'' ~ r .._ ' y . i 9 i._ .._ v 'T ~._' 1 j.... ~ CITY OF OWASSO A/P TRANSFER REPORT VENDOR DESCRIPTION AMOUNT TRANSFERS CEMETERY CARE REVENUE TRANSFER FROM GENERAL FUND 250.00 AMBULANCE CAPITAL REVENUE TRANSFER FROM AMBULANCE FUND 4,372.63 TRANSFERS TOTAL 4,622.63 CITY OF OWASSO A/P TRANSFER REPORT VENDOR TRANSFERS DESCRIPTION CITY GARAGE TRANSFER FROM GENERAL FUND WORKER'S COMP SELF INS TRANSFER FROM GENERAL FUND GENERAL FUND TRANSFER FROM AMBULANCE FUND GENERAL FUND TRANSFER FROM E-911 FUND GENERAL FUND TRANSFER FROM BOND PROJECT FUND GENERAL FUND TRANSFER FROM CAPITAL IMPROVEMENT FUND TRANSFERS TOTAL AMOUNT 4, 562.50 10,000.00 17, 916.66 1, 515.92 4, 007.04 5,368.72 43, 370.84 CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 04/11/98 Department Overtime Expenses Total Expenses General Fund ;.. Managerial - >:>::::..:::: 0:00 $8,8.15 39 Finance 0.00 7,599.59 Community Development 39;U2 7,371 99 Municipal Court 0.00 2,036.89 ,. Engane~nng Q.00 ! 4,702 07 Support Services 84 00 3,506.40 Police 77019 43,384.04:: P .... Central Dis atch 124 69 4,904.51 Animal Cflntrol ,; 0;00 1,5:43 67i Fire 219.70 36,971.24 Street 67 99 9,5'.16 70;` .... Community-Senior Center 0.00 2,870.21 Economic Development 0.00 1,800.66 General Fund Total $1,305.59 $137,798.13 Garage Fund Garage ; $123 7S $4,526 54i Garage Fund Total $123.75 $4,526.54 APPROVED: 04/21/98 Mayor Council Member Council Member i; c MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY ASSISTANT CITY MANAGER SUBJECT: ORDINANCE NO. 573 ADOPTING THE 1996 EDITION OF THE INTERNATIONAL MECHANICAL CODE DATE: April 16, 1998 BACKGROUND: ' Previously, four versions of mechanical codes were utilized across the country for the purpose of regulating mechanical construction requirements. Recent efforts have been made to simplify this process through the creation of the International Mechanical Code. Adoption of this code would put the City of Owasso in line with other communities across the State of Oklahoma and throughout the United States. ^ Attached for your information and review is a copy of Ordinance No. 573, formally adopting the 1996 Edition of the International Mechanical Code. This code is updated every three years, with the next update automatically adopted by the Council upon its issuance in 1999. RECOMMENDATION: ^ Staff recommends Council approval of Ordinance No. 573. ATTACHMENTS: 1. Ordinance No. 573 CITY OF OWASSO, OKLAHOMA °+~ ORDINANCE NUMBER 573 AN ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA, ADOPTING THE 1996 EDITION OF THE ' INTERNATIONAL MECHANICAL CODE, REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, ,~, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, REPAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF MECHANICAL SYSTEMS IN THE CITY OF OWASSO, OKLAHOMA, PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; REPEALING PART 5, BUILDING REGULATIONS AND CODES, CHAPTER 8, MECHANICAL CODE OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AND ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAIOMA, THAT: Section One: That certain documents, three (3) copies of which are on file in the office of the City Clerk of the City of Owasso, Oklahoma, being marked and designated as the International Mechanical Code, including the Appendix Chapters as published by the International Code Council, be and is hereby adopted as the code of the City of Owasso, Oklahoma, for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems in the City of Owasso, Oklahoma, and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Mechanical Code, 1996 edition, published by the International Code Council, on file in the office of the City Clerk of the City of Owasso, Oklahoma, are hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. Section Two: The following sections are hereby revised: Section 101.1 Insert: City of Owasso, Oklahoma Section 106.5.2. Insert: as set by the City Council Section 106.5.3. Insert: One Hundred Percent (100%) Section 108.4. Insert: Offense, $200.00 and/or thirty (30) days in jail Section 108.5. Insert: $200.00 and/or thirty (30) days in jail Chapter 16. Codes. Insert: BOCA National Building Code and BOCA Nation Fire Prevention Code Section Three: That Part 5, Building Regulations and Codes, Chapter 8, Mechanical Code of the Code of Ordinances of the City of Owasso, Oklahoma, and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. Section Four: That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not effect the validity of the remaining portion of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentence, clauses and phrases be declared unconstitutional Section Five: The City Clerk is hereby ordered and directed to cause this ordinance to be published. ~ i i i Section Six: That this ordinance and the rules, regulations, provisions, requirements, orders acid matters established and adopted hereby shall take effect and be in full force and effect thirty (30) days from and after the date of its passage and publication. APPROVED this day of 1998. CITY OF OWASSO, OKLAHOMA By: Mary Lou Barnhouse, Mayor ATTEST: Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney 2780-343.imc D MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY ASSISTANT CITY MANAGER SUBJECT: ORDINANCE NO. 574 ADOPTING THE 1996 EDITION OF THE INTERNATIONAL PLUMBING CODE DATE: April 16, 1998 BACKGROUND: Previously, four versions of plumbing codes were utilized across the country for the purpose of regulating plumbing construction requirements. Recent efforts have been made to simplify this process through the creation of the International Plumbing Code. Adoption of this code would put the City of Owasso in line with other communities across the State of Oklahoma and throughout the United States. Attached for your information and review is a copy of Ordinance No. 574, formally adopting the 1996 Edition of the International Plumbing Code. This code is updated every three years, with the next update automatically adopted by the Council upon its issuance in 1999. RECONIlVIENDATION: Staff recommends Council approval of Ordinance No. 574. ATTACHMENTS: 1. Ordinance No. 574 CITY OF OWASSO, OKLAHOMA ORDINANCE NUMBER 574 AN ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA, ADOPTING THE 1997 EDITION OF THE INTERNATIONAL PLUMBING CODE, REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, REPAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF PLUMBING SYSTEMS IN THE CITY OF OWASSO, OKLAHOMA, PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; REPEALING PART 5, BUILDING REGULATIONS AND CODES, CHAPTER 2, PLUMBING REGULATIONS OF THE CODE OF ORDINANCES OF ~ THE CITY OF OWASSO, OKLAHOMA, AND ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Section One: That certain documents, three (3) copies of which are on file in the office of i the City Clerk of the City of Owasso, Oklahoma, being marked and designated as the International Plumbing Code, including the Appendix Chapters as published by the International Code Council, be and is hereby adopted as the code of the City of Owasso, Oklahoma, for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems in the City of Owasso, Oklahoma, and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Plumbing Code, 1997 edition, published by the International Code Council, on file in the office of the City Clerk of the City of Owasso, Oklahoma, are hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. Section Two: The following sections are hereby revised: Section 101. I Insert: City of Owasso, Oklahoma Section 106.5.2. Insert: as set by the City Council Section 106.5.3. Insert: One Hundred Percent (100%) Section 108.4. Insert: Offense, $200.00 and/or thirty (30) days in jail Section 108.5. Insert: $200.00 and/or thirty (30) days in jail Section 305.6.1. Insert: 18 inches (458) Section 904.1. Insert: 10 inches (2i4) Chapter 14. Codes. Insert: BOCA National Building Code and BOCA National Mechanical Code Section Three: That Part 5, Building Regulations and Codes, Chapter 2, Plumbing Regulations of the Code of Ordinances of the City of Owasso, Oklahoma, and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. Section Four: That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not effect the validit}' of the remaining portion of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentence, clauses and phrases be declared unconstitutional. Section Five: The City Clerk is hereby ordered and directed to cause this ordinance to be published. '"~ Section Six: That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect thirty (30) days from and after the date of its passage and publication. APPROVED this day of 1998. CITY OF OWASSO, OKLAHOMA Mary Lou Barnhouse, Mayor By: ATTEST: Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney 2780-343.ipc E MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY ASSISTANT CITY MANAGER SUBJECT: ORDINANCE NO. 575 DATE: April 15, 1998 BACKGROUND: At the April 7, 1998 meeting, the Owasso Ciry Council approved a report from the Parking Ordinance Review Committee that consisted of recommended changes to the Owasso Code of Ordinances and the Owasso Zoning Code regarding parking the parking of commercial vehicles in residential areas and handicapped parking. Attached is a copy of Ordinance No. 575 which formally adopts the City Council's action of April 7, 1998 accepting the committee's report and directing staff to draft the necessary ordinances to implement those recommendations. Ordinance No. 575 would amend the Owasso Code of Ordinances, specifically Section 15-718 and 15-719 as they relate to the parking of commercial vehicles in residential and commercial areas, as well as handicapped parking. RECOIVIlVIENDATION: Staff recommends Council approval of Ordinance No. 575. ATTACHMENTS: 1. Ordinance No. 575 CITY OF OWASSO, OKLAHOMA ORDINANCE NO 575 AN ORDINANCE AMENDING PART FIFTEEN (15), TRAFFIC AND VEHICLES, CHAPTER SEVEN (7), STOPPING, STANDING, AND PARKING GENERALLY, SECTION 15-718, PARKING OF CERTAIN COMMERCIAL VEHICLES ON PUBLIC STREETS IN RESIDENTIAL AND COMMERCIAL AREAS AND SECTION 15-719, HANDICAPPED PARKING OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, TO PROVIDE FOR AMENDED PARKING REQUIREMENTS, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the proposed amendment to Part Fifteen (15), Chapter Seven (7), Sections 15-718 and 15-719, and; WHEREAS, the Owasso City Council has considered the recommendation of the Parking Ordinance Review Committee and all statements for or against the proposed amendment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA THAT: Section 1. That Part Fifteen (15), Traffic and Vehicles, Chapter Seven (7), Stopping, Standing, and Parking Generally, Section 15-718 Parking of Certain Commercial Vehicles on Public Streets in Residential and Commercial Areas and 15-719 Handicapped Parking of the Code of Ordinances of the City of Owasso, Oklahoma should be, and hereby are amended by adding the following: SECTION 15-718 PARKING OF CERTAIN COMMERCIAL VEHICLES ON PUBLIC STREETS IN RESIDENTIAL AND COMMERCIAL AREAS. A. No person shall park any vehicle other than vehicles of three-quarter (3/4) ton classification or lighter, on any residential street, unless in.the process of loading or unloading. B. No person shall park a commercial vehicle at any time opposite another vehicle on a street thirty-six (36) feet or less in width. The term "street" as used herein, shall mean the entire width between the curbs of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (Prior Code, Chapter 20) SECTION 15-719 HANDICAPPED PARKING A. It is unlawful for any person to place or park a motor vehicle in any parking space on private property accessible to the public and where the public is invited or public property that is posted as a reserved area for parking of motor vehicles of a physically disabled person unless such is eligible for a detachable insignia or reflective insignia as a physically disabled person under the provisions of Sections 15-112 or 149.3 of Title 47 of the Oklahoma Statutes, and such insignias are displayed as provided in Sections 15-112 or 149.4 of Title 47 of the Oklahoma Statutes or regulations adopted pursuant thereto. Section 2. That all ordinances or parts thereof in conflict herewith are hereby expressly repealed. Those portions consistent herewith remain unaffected hereby. PASSED AND APPROVED this 21st day of April, 1998. Mary Lou Bamhouse, Mayor ATTEST: Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D Cates, City Attorney F MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY ASSISTANT CITY MANAGER SUBJECT: ORDINANCE NO. 576 DATE: April 15, 1998 BACKGROUND: At the April 7, 1998 meeting, the Owasso City Council approved a report from the Parking Ordinance Review Committee that consisted of recommended changes to the Owasso Code of Ordinances and the Owasso Zoning Code regarding parking the parking of commercial vehicles in residential areas and handicapped parking. Attached is a copy of Ordinance No. 576 which formally adopts the City Council's action of April 7, 1998 accepting the committee's report and directing staff to draft the necessary ordinances to implement those recommendations. Ordinance No. 576 would amend the Owasso Zoning Code, specifically Section 1140- as it relates to handicapped parking requirements. RECOM1VlENDATION: Staff recommends Council approval of Ordinance No. 576. ATTACHMENTS: 1. Ordinance No. 576 i~ CITY OF OWASSO, OKLAHOMA ORDINANCE NO 576 AN ORDINANCE AMENDING PART TWELVE (12), PLANNING, ZONING AND DEVELOPMENT, CHAPTER TWO (2), ZONING REGULATIONS, SECTION 12-201, ZONING REGULATIONS ADOPTED, CHAPTER ELEVEN (11), OFF-STREET PARKING AND OFF-STREET LOADING OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, TO PROVIDE FOR AMENDED HANDICAPPED PARKING REQUIREMENTS, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the proposed amendment to the Owasso Zoning Code, Chapter 11, Section 1140, and; WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and the Parking Ordinance Review Committee and all statements for or against the proposed amendment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA THAT: Section 1. That Part Twelve (12), Planning, Zoning and Development, Chapter 2, Zoning Regulations, Section 12-201, Chapter Eleven (11), Off-Street Parking and Off-Street Loading, Section 1140, Design Standards for Off-Street Parking Areas of the Code of Ordinances of the City of Owasso, Oklahoma, should be, and hereby is amended by adding the following: SECTION 1140 DESIGN STANDARDS FOR OFF-STREET PARKING AREAS A. A required off-street parking space shall be at least 9 feet in width and at least 19 feet in length exclusive of access drives or aisles or equivalent measurements for 45° or 60° angle parking. B. A parking lot servicing each entrance pathway shall have a number of level parking spaces, as set forth in the following table, identified by above-grade signs, as being reserved for physically handicapped parking. Each parking space so reserved shall not be less than 9 feet in width and must have an access aisle that is at least 5 feet in width. In the event that only one (1) handicapped parking space is needed, said space shall be accompanied by an access aisle no less than 8 feet in width and designated van accessible. PARKING SPACES FOR THE HANDICAPPED Total Spaces Required Number Total Spaces Required Number in Lot of Reserved in Lot of Reserved Spaces Spaces up to 25 1 201 to 300 7 26 to 50 2 301 to 400 8 51 to 75 3 401 to 500 9 76 to 100 4 501 to 1000 10 101 to 150 5 over 1000 151 to 200 6 (1 of 8, but not less than 1, of all required handicapped parking spaces must be van accessible and served with an access isle of 96".) * 20 spaces plus 1 space per each 100 over 1,000 Section 2. That all ordinances or parts thereof in conflict herewith are hereby expressly repealed. Those portions consistent herewith remain unaffected hereby. PASSED AND APPROVED this 21st day of April, 1998. Mary Lou Barnhouse, Mayor ATTEST: Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D Cates, City Attorney ii i~ MEMORANDUM TO• THE HONORABLE MAYOR AND CITY COUNCIL • CITY OF OWASSO FROM: PHII. LUTZ, P.E. ENGINEERING PROJECT MANAGER SUBJECT: ACCEPTANCE OF WATER AND SANITARY SEWER SYSTEMS FAIRWAYS IV DATE: April 16,1998 BACKGROUND: ' The facility is located immediately southeast from the 96th Street North and North Mingo Road intersection (see attached location map). The utilities consist of 6,050 LF of 8" sanitary lines ~ and 200 LF of 12", 2,830 LF of 8" and 870 LF of 4" water lines. Oklahoma Department of Environmental Quality construction permits No. WL000072980111 for water and No. SL,000072980112 for sanitary sewers have been issued. Designs for the Fairways IV utilities were reviewed and construction inspected by Public Works personnel. G ' FINAL INSPECTION: A final inspection was held by Public Works representatives with the contractor on April 15, ~ 1998 and punch lists of items needed to bring the facilities to City standards were provided to the contractor on that date. This recommendation for acceptance is contingent upon completion of the punch lists on or before April 18, 1998. One-year maintenance bonds for the water and sewer systems have been provided (see attached). The bonds will become effective upon acceptance of the utilities by the City. RECOMMENDATION: Staff recommends acceptance of the off-site water and sanitary sewer systems for Fairways IV, contingent upon timely completion of the punch lists. ATTACHMENTS: 1. Location Map 2. ODEQ Permits 3. Maintenance Bonds 0 ~ W ~ Z 0 ~ ~ Q J ~ //~~ ', ~ y IS6 Q~O °~•~•••ISLS 11 ° ~ ~W ~~Q~ (~ M~~4G1 101ST 101ST ~ ' O ``' 99TH P 1 n~i ~.~aLri Lf = ~~~/~~(~~ [l lJl"JIMI ° ~7 ~ ~ , Lam] nM 98 PL~ 99 S 99TH ST. 1/ L > 98TH ~ = ST . o ~IC~G.~ I~G3~7 ~ 0 97TH s ° DC~ nM~ ~ 97TH ° = 97 H ~° 9~N o 96TH 97TH o 0 97TH 86TH PL ~:~:~:~:~ ~:~#:~~: 9 6TH S T . N . ~ W =::- FAIRWAYS IV ~ W ~ s2NO ~ La[1~1,~1~l~3 DD ST G Z I 2 91ST T N ~ o ~ Q ~ O ~ u o ~ S~ C~La[]G3~lQ~'l~ SgTN LOCATION MAP FAIRWAYS IV CITY OF OWASSO, OKLAHOMA PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION OA1E 4/16/98 r~ "a 1 OF 1 i~ i~ sti~.A ~~ ~A ~~ - `F. ,,~ MARK S. COLEMAN I'~FS°^'~- ':c FR.~~1TK KEATING Executive Director ~~~-a;1eO;,-w ~ Governor State of Oklahoma DEPART l~IE1VT OF E1~vIR ONdIEiVTAL QUALITY February 17, 1998 F. Robert Carr, Public Works Director City of Owasso 207 South Cedar Owasso, OK 74055 Re: Permit No. WL000072980111 Fairways IV at Bailey Ranch Waterline Project PWSID No. 3007218 ~ Dear Mr. Carr: Enclosed is Permit No. WL000072980111 for the construction of 200 L.F. of twelve (12) inch, 2830 L.F. of eight (8) inch, and 870 L.F. of four (4) inch waterline and appurtenances to serve the Fairways IV at Bailey Ranch Waterline Project, City of Owasso, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this department on February 17, 1998. 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, sending one (1) set to your engineer and _ retaining one (1) set for our files. ~ Very truly yours, -~,.L;. Bronson Bolvin Construction Permit Unit Water Quality Division BBB/HJT/vp Enclosure 1 cc: William E. Lewis, P.E., Consulting Engineer Mary Arnold, P.E., PWS District Engineer, DEQ Eddie Terrill, Manager, Tulsa County DEQ, R.S. ~~ ~ ~?'o >_ ems: m MARK S. COLElyL1~i ~fa•:. •: ~ I~'~~'= /~~ •Q FRANK KEATING Executive Director °"'' • "' • '~ '~ ,eO; -~ Governor State of Oklahoma DEPARTMENT OF EIWIRONMENTAL QUALITY Permit No. WL000072980111 ~ WATER LINES PWSID No. 3007218 PERMIT TO CONSTRUCT ,rr February 17, 1998 Pursuant to O.S. 27A 2-6-304, the City of Owasso is hereby granted this permit to construct 200 L.F. of twelve .(12- inch, 2830 L.F. of eight (8) inch, and 870 L.F. of four (41 inch waterline and appurtenances to serve the Fairways IV at Bailey Ranch Waterline Project, located in part of the W 1/2 of Section 19, T-21-N, R-14-E, City of Owasso, Tulsa County, Oklahoma, in accordance with the plans approved on February 17, 1998. By acceptance of this permit, the permittee agrees to operate and maintain the facility in accordance with the Public Water Supply Operation rules (OAC 252:630) and to comply with the State Certification laws, Title 59, Section 1101-1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for certified operators. This permit is issued subject to the following provisions and conditions. 1) That the recipient of the permit is responsible that the project receives supervision and inspection by competent and qualified personnel. 2) That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted fora ~ project. pproval as a new 31 That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the permit. 4) That the Oklahoma Department of Environmental Quality shall be kept informed on occurrences which may affect the eventual performance of the works or that will unduly delay the progress of the project. 5) That wherever water and sewer lines are constructed with spacing of 10 feet or less sanit protection wall be provided in accordance with Public Water Supply Construction Standa ds (OAC 252: 625-17-4). ~ 61 That before placing this facility into service, at least two samples of the water, taken on different days, shall be tested for bacteria to show that it is safe for drinkin ``'" g purposes. 7) That any deviations from approved plans or specifications affecting capacity, flow or operation of units must be approved by the Department before any such deviations are made in the construction of this project. .~ 1 _ ._ .. ~r ,:. ._._ t~ ..__..~ it Permit No. WL000072980111 WATER LINES PWSID No. 3007218 PERMIT TO CONSTRUCT ~F~ :~ MARK S. COLEMAN ',a~ • - " ~o`,' FR.ANK KEATING ~~~o,, ~ - '.i?' Executive Director a ~: ;~;,; ~ Governor State of Oklahoma DEPART~'~IENT OF ENVIRON~tiIENTAL QUALITY 8) That the recipient of the permit is responsible for the continued operation and maintenance of these facilities in accordance with rules and regulations adopted by the Environmental Quality Board, and that this department will be notified in writing of any sale or transfer of ownership of these facilities. 9) The issuance of this permit does not relieve the responsible parties of any obligations or liabilities which the permittee may be under pursuant to prior enforcement action taken by the Department. 101 That the permittee is required to inform the developer/builder that a DEQ Storm Water Construction Permit is required for a construction site that will disturb five (5) acres or more in accordance with OPDES, 27A O.S. 2-6-201 et siq. For information or a copy of the GENERAL PERMIT (GP-005) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (NOI) form, Notice of Termination (NOT) form, or guidance on preparation of a Pollution Prevention Plan, contact the Storm Water Unit of the Water Quality Division at 1000 N.E. Tenth Street, Oklahoma City, OK 73117-1212 or by phone at (405) 271-5205. 1 1) That when it is impossible to obtain proper horizontal and vertical separation as stipulated in Public Water Supply Construction Standards OAC 252:625-17-4(7)(A) and OAC 252:625-17- 4(7116), respectively, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested to the highest pressure obtainable under the most severe head conditions of the collection system prior to backfilling in accordance with Water Pollution Construction Standard OAC 252:655-9-1 Ih). 12) That any notations or changes recorded on the official set of plans and specifications in the Oklahoma Department of Environmental Quality files shall be part of the plans as approved. 13) That whenever plastic pipe is approved and used for potable water, it shall bear the seal of the National Sanitation Foundation and meet the appropriate commercial standards. Failure to appeal the conditions of this permit in writing within 30 days from the date of issue will constitute acceptance of the permit and all conditions and provisions. H.J. Thung, P.E., Ch{~f Environmental Engineer Water Quality Division 2 ~~~ ~~x, MARK S. COLEMAN `~ ~ •~ ;~~1 ~`do •• ::. '.ice Executive Director ~~~a~,•..~. FRANK KEATING Governor State of Oklahoma DEPARTMENT OF ENVIRONMENTAL QUALITY February 17, 1998 F. Robert Carr, Public Works Director City of Owasso 207 South Cedar Owasso, OK 74055 Re: Permit No. SL000072980112 Fairways IV at Bailey Ranch Sewer Line Project S-21310 Dear Mr. Carr: Enclosed is Permit No. SL000072980112 for the construction of 6,050 L.F. of eight (8) inch sewer line and appurtenances to serve the Fairways IV at Bailey Ranch Sewer Line Project, City of Owasso, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this department on February 17, 1998. 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, sending one (1) set to your engineer and retaining one (1 }set for our files. Very truly yours, `~o-cy. ~.~.~y; Bronson Bolvin Construction Permit Unit Water Quality Division BBB/HJT/vp Enclosure cc: William E. Lewis, P.E., Consulting Engineer Wayne Craney, P.E., WPC Unit Supervisor Eddie Terrill, Manager, Tulsa County DEQ, R.S. t. ..:,.~..,; ., , .. ~~ ~ Q w; ~~ ,~o~ . MARK S. COLEMAN Executive Director ~~ 190;,'w Governor State of Oklahoma DEPARTMENT OF ENVIRONMENTAL QUALITY Permit No. SL000072980112 SEWER LINES '~ S-21310 PERMIT TO CONSTRUCT ~ February 17, 1998 Pursuant to O.S. 27A 2-6-401 , the City of Owasso is hereby granted this permit to construct 6,050 L.F. of eight 18) inch sewer line and appurtenances to serve the Fairways IV at Bailey Ranch Sewer Line Project, located in part of the W 1/2 of Section 19, T-21-N, R-14-E, City of Owasso, Tulsa County, ~ Oklahoma, in accordance with the plans and specifications approved on February 17, 1998. ~ By acceptance of this permit, the permittee agrees to operate and maintain the facilities in accordance with Discharge - OPDES (NPDES) rules OAC 252:605 and to comply with the state certification laws, Title 59, Section 1101-1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for certified operators. ^ This permit is issued subject to the following provisions and conditions. ' 1) That the recipient of the permit is responsible that the project receive supervision and inspection by competent and qualified personnel. ~ 2) That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. 3) That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the permit. 4) That wherever water and sewer lines are constructed with spacing of 10 feet or less, sanitary protection will be provided in accordance with OAC 252:655-9-1 (h) of the Standards for Water Pollution Control Construction Standards. 5) That tests will be conducted as necessary to insure that the construction of the sewer lines will prevent excessive infiltration and that the leakage will not exceed 200 gallons per inch of pipe diameter per mile per day. 6) That the Oklahoma Department of Environmental Quality shall be kept informed of occurrences which may affect the eventual performance of the works or that will unduly delay the progress of the project. 7) That the permittee will take steps to assure that the .connection of house services to the sewers is done in such a manner that the functioning of the sewers will not be impaired and that earth and ground water will be excluded from the sewers when the connection is completed. 8) That any deviations from approved plans or specifications affecting capacity, flow or operation of units must be approved by the Department before any such deviations are made in the construction of this project. • ~~T- ~8 AC MARK S. COLEMAN ~: - ~, ,~~ : _ . ~:~, FRANK KEATING Executive Director ~: ~e~ ~ Governor State of Oklahoma DEPARTMENT OF ENVIRONMENTAL QUALITY Permit No. SL000072980112 SEWER LINES PERMIT TO CONSTRUCT S-21310 9) That the recipient of the permit is responsible for the continued operation and maintenance of these facilities in accordance with rules and regulations adopted by the Environmental Quality Board, and that this department will be notified in writing of any sale or transfer of ownership of these facilities. 101 The issuance of this permit does not relieve the responsible parties of any obligations or liabilities which the permittee may be under pursuant to prior enforcement action taken by the Department. r~ 1 1 } That the permittee is required to inform the developer/builder that a DEQ Storm Water 4~ Construction Permit is required for a construction site that will disturb five (5) acres or more ~ in accordance with OPDES, 27A O.S. 2-6-201 et siq. For information or a copy of the GENERAL PERMIT (GP-005) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (N01) form, Notice of Termination (NOT) form, or guidance on preparation of a Pollution Prevention Plan, contact the Storm Water Unit of the Water Quality Division at 1000 N.E. Tenth Street, Oklahoma City, OK 731 1 7-1 21 2 or by phone at (405) 271-5205. 12) That any notations or changes recorded on the official set of plans and specifications in the Oklahoma Department of Environmental Quality files shall be part of the plans as approved. 131 That all manholes shall be constructed in accordance with Water Pollution Control Construction Standards (OAC 252:655-9-4), as adopted by the Oklahoma Department of Environmental Quality. 14) That when it is impossible to obtain proper horizontal and vertical separation as stipulated in Water Pollution Construction Standards OAC 252:655-9-1(f) and OAC 252:655-9-1(g}, respectively, the sewer shall be designed and constructed equal to water pipe, and shall be ~, pressure tested to the highest pressure obtainable under the most severe head conditions of the collection system prior to backfilling in accordance with Water Pollution Construction Standard OAC 262:655-9-1 (h). Failure to appeal the conditions of this permit in writing within 30 days from the date of issue will constitute acceptance of the permit and all conditions or provisions. 3 H.J. Thung, P.EU, Chief Environmental Engineer Water Quality Division 2 .. ,, ., •- - - L~ OKLAHOMA SURETY COMPANY Box 1409 TULSA, OKLAHOMA 74101 DEFECT BOIID BOND NUINBER OK003381 KNOW ALL MEN BY THESE taRESENI'S: THAT WE IRA M. GREE^J CONSTRUCTIOiJ COMPANY u Princpal, and OKLAHOMA SURETY COMPANY, an Oldahortu corporation, having its prindpal place of business in the City of Tulsa and State of Oldahoma, as surety, an; held and firtnty booed unto CITY OF OWASSO 8 KOURTIS PROPERTIES. L.L.C. ne un re tine y ree ousan , _ '~ ' in the penal sum of Eight Hundred Eighty One and no/100--------- Dodars ~ 193,881.00 lawful money of the United States of America, forthe payment of wttittt, wed aM truly to be made. we bind otnsefves, our heirs, sxecubrs, adminisbabrs, suxessors and assi9~. j~fr ~ s~N. ~N by these Pr'~• WHEREAS the said Principal has Cor>stnretsd certain improvements desaibed as foNorrs: Fairways Ill Waterline Fairways Ill Sanitary Sewer System Which said improvements have been constructed to conform with spedfications prepared by William E. Lewis PE NOW, THEFIEFORE, THE CONCITION OF THtS 081JKiAT10N fS SUCH. that, a the said Principal slnll mai a said improvements for a period of one year(s) against any failuro due to de(ecbve wortorrmship or etateri>ts, saki y~r(s) period to begin with the date of compbtion and axephrtca of such completed improvertrems described above. ttbrt tt-is oblipatiort stn8 be putt and void, otherwise to rertuin in full force and effect, subject however to the tolbwirtq express provision- The Obligee. by and through lts Proper representative, sfutl give the Prirdpal and the Surety written rgUCe of ad repairs roquired to futfitt the temts of this maimenance guarantee: and the said Principal and Surety shall. after recaipt of any stub notice. be allowed a roasoaable period o(time in which to make arty such repairs. SIGNED, sealed and dated this 14th ~ ~ April 19 98 rest en _ ~~ 0 M Michael T o r d iutomey-+.rE.rut a.,zos os tsaa~ OKLAHOMA SURETY COMPANY Tulsa, Oklahoma ~tnufn all ,Bien hv, these ~rese:its: That theOKLAHOMA SURETY COMPANY, a corporation of the State of Oklahoma, having its principal office in the city of Tulsa, Oklahoma, pursuant to the following By-Law, which was adopted by the Stockholders of the said Company, to-wit: Section 10, Article IV, "All bonds, policies, undertakings or other obligations of the corporation shall be executed in the corporate name of the Company by the Chairman of the Board, The President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The Chairman of the Board, President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, or other obligations of the corporation: ' The Company does hereby constitute and appoint Michael Tedford and Jacque Y. Brown, individually Of Claremore, OK ~- its true and lawful attorney(s)-in-fact, to execute, seal and deliver for and on its behalt as Surety, and as its act and deed. I Any and all bonds and undertakings of Suretyship ~ And the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said OKLAHOivfA SI;RETY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Tulsa, Oklahoma. IN WITNESS WHEREOF, OKLAHOMA SURETY COMPANY presents this $th day of Apri 1 , 19 98 ATTEST: dr n arson ASSISTANT SECRETARY Todd Bazata 8th April 98 On this day of 19 before me, a Notary Publi of the State of Oklahoma in and for the County of Tulsa, came the individual to me personally known to be the officer described in, and who a ecuted the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, said that he is the therein des ibed and authorized officer of the OKi,AaG~i.~ St~RcT Y CO~It ANY aforesaid. and that the seal affixed to the preceding instrument is the corporate of said Company, and the said corporate seal and his signature as such officer were duly affixed to th - strument by the authority and direction of the said Company, and th ~,~titl*e i~l,~c~I~i 10, of the By-Laws of said Company ferred to in th precedins instrument, is now in force. 1 ~}~/{ ~[ . y ~101.1(`~Y~WOF, I have hereunto set my hand"and affixed my offic al seal at the City of T e ay an _ \ above ` ~;• PUBLlC :~ ~ ~I ~,~. ~~ ~ °~s -':~ ~ My Co mission expir s 6' - ~ O C ~•~'~O 9P'~~ ss / / /. t.LW~ ~ iiiii~~ elan~e av A ms ,.T_.__ n_~,-_ I, Sara Anderson Assistant Secretary of OKLAHOM;~SURETY CO1~iPANY do hereby rtify that the foregoing exU of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Atto ey ssued pursuant thereto, are and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full fo ce d effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation - ~ ~ -~- - eases-0s this 14th day of has executed and attested these VICE PRES)DENT April !9 98 Sara Anderson Assistant Secretary i i ~ MEMORANDUM H TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: MARCIA BOUTWELL CITY CLERK SUBJECT: REQUEST TO EXTEND CONTRACT FOR FLEET FUEL MANAGEMENT SERVICES DATE: April 13, 1998 BACKGROUND: The first contract for privatized fleet fuel services was awarded to GO! Systems on October 5, 1993, following the bidding practices required by law. Contract terms stated that GO! Systems would supply fuel for the city fleet twenty-four hours a day, seven days a week, at a margin of 7C per gallon, based on the OPIS average wholesale cost of fuel on a weekly basis. The term of the contract was through June 30, 1994, with the recommendation that the fuel services be rebid prior to the beginning of FY 94-95. The fuel contract has been rebid each of the succeeding years, and GO! Systems has been awarded the contract each fiscal year (FY 94-95 at a margin of 7G per gallon, FY 95-96 at a margin of 6C per gallon, FY 96-97 at a margin of 6G per gallon, and FY 97-98 at a margin of 6G per gallon). A provision was added to the contract for FY 97-98 that allows for the contract to be extended for successive one-year terms for a period of up to three years if agreed to by both parties in writing not less that sixty days prior to the expiration of the initial one-year term or of any successive one-year term. GO! Systems was contacted on April 1, 1998 concerning their intent for contract renewal. A Contract Extension Agreement was mailed to them on the same day, and that Agreement has been executed by GO! Systems management indicating their willingness to extend the contract through June 30, 1999. RECOMMENDATION: Staff recommends that the City Council extend the contract with GO! Systems for gasoline and diesel fuel for FY 1998-99 at a margin of 6G per gallon, and that the Mayor be authorized to execute the Contract Extension Agreement. ATTACHMENTS: 1. Contract Extension Agreement ~ CONTRACT EXTENSION AGREEMENT FUEL MANAGEMENT SERVICE CITY OF OWASSO, OKLAHOMA Pursuant to terms of a Contract for Services between the City of Owasso, Oklahoma, and GO! Systems, entered into on the 3rd day of June, 1997 for FY 1997-98, my signature on this document will serve to formally and mutually agree to extend the aforesaid contract with the same terms and conditions contained therein for the period from July 1, 1998 through June 30, 1999. GO! SYSTEMS By ~~ r Richard Maxwell Sales & Marketing Director The City of Owasso,' Oklahoma agrees to an extension of the above referenced contract between the City of Owasso and GO! Systems for a period of twelve months between July 1, 1998 and June 30, 1999. CITY OF OWASSO, OKLAHOMA By Mary Lou Barnhouse, Mayor ATTEST: Marcia Boutwell, City Clerk ~ ~ ~ ~ ~ MEMORANDUM ^ TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JIM McELRATH DIRECTOR OF SUPPORT SERVICES SUBJECT: DECLARATION OF SURPLUS PROPERTY AND ~ AUTHORIZATION OF BID PROCESS DATE: April 10, 1998 BACKGROUND Approximately six years ago the City purchased a 1981 International twenty-seven passenger school bus that was used for some time in the daily transport of the Department of Corrections work crew. After a series of problems with the bus, the ~ City purchased a used 1988 Dodge van from the Owasso Golden Agers to use for DOC transport, as well as for other Support Service functions. After the van was placed in service, the problems with the bus were remedied, but the City continued to use only the van, since it was a great deal cheaper to operate and it did not require a commercially-licensed driver. ' The bus, while still in fair operating condition, has not been used the past few years. At the present time and for the foreseeable future there are no plans to put it back into service, as no City department has indicated an interest in its utilization. Since the vehicle is only getting worth less with time, staff believes that it is in the City's best interest to sell it. The bus originally cost the City $2,000, and it is believed that this amount will be recouped in the sale. Staff believes that it would also be in the City's best interest to sell another vehicle, a 1985 Plymouth Grand Fury. This vehicle has 156,000 in mileage and is currently assigned to the Community Center. It is used a few times a month for Senior Citizen transport when the Golden Ager Senior van is unavailable. However, it does not have a working air conditioner; and another vehicle with air conditioning would be more suitable, as well as more dependable. The purchase of a new van for the City Manager's use has made the 1989 Caprice available for other use. The 1989 Caprice has been assigned to the City Hall/Community Center complex for pool use. Use of this vehicle for alternate Senior transportation allows the option of selling the 1985 Plymouth as surplus. Value of the vehicle is estimated from $300 to $500, based on previous sale experience of similar vehicles. MEMORANDUM SURPLUS DECLARATION April 10, 1998 PAGE 2 Preliminary inquiries have already been made to local churches, and interest has been expressed by some of them in the purchase of the International bus. After Council declaration of surplus, advertising will be placed in the Owasso Reporter and the Tulsa World for both vehicles, so that there will be ad coverage in two issues of the ~ Reporter and two weekends of the World. A marquee display will also be placed on the sign in front of City Hall for a period of time prior to the bid opening. These measures will ensure more than adequate compliance with Section 7-108 of the City Code of Ordinances: `Before the City Manager sells any surplus or obsolete supplies, materials or equipment ... he shall advertise them for sale in a newspaper of general ~ circulation in the city or give notice in such other manner as he deems necessary adequately to reach prospective buyers to give them opportunity to make bids.' RECOMII~NDATION: Staff recommends that the Council declare the 1985 Plymouth Grand Fury, VIN 1P3BB2651FX681731 and the 1981 International Bus, VIN 1HVBA17B6BHB17568 surplus to the needs of the City of Owasso. Staff further recommends that the Council authorize the City Manager to advertise said items for sale to the public by sealed bids, to be opened in public at the office of the City Clerk at City Hall on Tuesday May 5, at 1:30 PM. i~ i~ i~ ii MEMORANDUM TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: PHIL LUTZ, P.E. ENGINEERING PROJECT MANAGER SUBJECT: ACCEPTANCE OF FY 1997-98 STREET REPAIRS DATE: April 16, 1998 BACKGROUND: The project includes the repair of 39 sites at various locations within the City. See the attached site list and location map. The contract was awarded to Newman Contracting, Inc., on February 4, 1998 in the amount of $127,617.70. The Notice to Proceed was issued February 11th which established a completion date of June 20, 1998. One Change Order was issued decreasing the cost for traffic control devices. The revised contract amount is $107,029.70. One partial payment was made to Newman for $50,256.63 with a retainage withheld of $9,630.88. Newman has made a final payment request for $36,421.29 and return of retainage. ~ In the interim period between site prioritization and award of the contract, five sites were ~ accomplished by City forces. This has reduced the total payment due the contractor under this contract. Therefore, the total amount due under this contract is $96,308.80. FUNDING SOURCE ~ The amount allocated in the FY97-98 budget for the street repair contract is $107,900 (Line Item 51-410-5461). ' FINAL INSPECTION Public Works personnel held a final inspection with the contractor on Apri16, 1998. All punch ~ list items identified during the inspection have been completed. The contractor has provided aone-year maintenance bond (see attached). The bond will become effective upon Council acceptance of the work. RECOA~EVIENDATION: ' Staff recommends acceptance of the FY 1997-98 Street Repair project, final payment of $36,421.29 and return of retainage in the amount of $9,630.88. ' ATTACHMENTS: 1. Site List and Location map 2. Maintenance bond 1 REPAIR AREA LEGEND 1. 11622 N. 103RD E. AYE. 2 11425 N, 96TH E. AYE. 3. 11017 E. 114TH 5'I'. 4. 10612 E. 112TH PL. 5. 112TH PL • 106TH E. AVE. 6. EYEBROW, 101ST. 8 107TH E, AYE. 7. N. OF 101ST. ST. ~ 107'TH E. AYE. 8. 108TH E. AYE. S. of 101ST. ST. 9. 10903 E.. 97ST ST. 10. 10809 E. 96TH PL. 11. 306 E. 23RD ST. 12 302 E. 23RD ST. 13. 2305 N. DOGWOOD 14. 406 E. 20TH CT. 15. 8910 N. 119TH E. AVE. 16. 8808 N. 119TH E. AVE. 17. 903 N. ASH 18. 112 W. 11TH ST. 19. 1006 N. DOGWOOD ~. 907 N. ELM ST. 21. 503 N. DOGWOOD ~. 603 E. 3RD CT. 23. 309 N. DOGWOOD 24. 76TH ST. • PSO BLDG. 25. 76TH ST. ~ SKO BLDG (R.R COMPANY 26. 83RD PL. 8E'I'WEF.~J 118TH ~ 119TH (ON BRIDGE } ~. 8333 N 121ST E. AYE, 28. INTERSECTION of &~D ST. d~ 1 I6TH E. AVE. 29. 118th E. AVE. BE'I'~ 81ST ~ 8ZND ST. 30. IN'IERSECI'ION of 79TH PL. ~ 119TH E. AVE. 31. 7904 N 121ST. E. AVE. ~. 12306 E. 77TH ST. ~ 77TH SI: ~ & 126TH E. AVE. 34. 76TH ST : ~ 122ND E. AYE. 35. 86TH ST. N ~ ap~~ 36. 86TH ST. N EAST' of FFA BARN ~. 8221 N.127'TH E. AVE. 38. 8226 N. 125TH E. AVE. 39. 8250 N. 125TH E. AVE. A7'TACN n~ ENT 1 SECTION 00420 MAINTENANCE DOND BOND# SA1455366 WHEREAS, the undersigned, The City of Owasso has executed Street Contract No. FY1997-98R~a; rdated the _4th day ofl=~rt~~r_,r____ 1g 98 designated for FY 1497-98 street repairs at various locations within the city of Ow~ssc~ lahoma, including all of the work mentioned and described in said Contract, and to be: performed by the undersigned strictly and punctually in accordance with the terms, conditions. plans and specif eatioas thereof, NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That Newman Contrac tinq Company, I_nc. of 511 West 137th Street South, Glenpool, OK 74033 as Principal, and as Surety, are jointly and severally, firmly held and bound unto the OWNER in the sum of .One hundred__seven thousand, twenty-nine & 70/100------- _ Dollars ($ 107 , 029.70--------) lawful money of the United States of America, same being t11c• approximate cost of the Contract herein referred to, for the payment of which sum well and huly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS BOND is such that the said Principal and Surety hcreiu named do hereby agree and bind themselves unto and guarantee the OWNER that all work done v.Ader said cantrut, wu ooa:tructe~ b cad«m ~cfch :pec~-cacpAa pra~aEed py T~,._..--- ..,__._ ~? t1- ~~ Q,~a s ~ o _ ind ip fucl~ ~ ~~>< Shat She ~gmc shaf l ~nduro without need of any repair arising trout defective worktnanshl~ or a3atecialr for a period of ope year fcooi-and afte the formal acccep~}aoe of~sa_id project by the ~WN~~t, and that at the es~en:c of laid Principal u~d/ot Surely, al( failuTcs occuaiag and arising ftotn any defect in ~~1a! or wockmennsatp within said perioQ of one year shall be promptly repaired, within ten ~10~ days aftci pollee to u-ld Principal by lattor"deQositcd-in the U~ted States mail, addressed iald pctac at ~ ~ 51'f~-West 137th' Stree,_ t= South " G~en~o'01; 'bK '74033 .... utd wpled W laid Surety; tnd it being ttirttlet'a~reed..t6xt upon tho. aeglcct, failure or refusal '-'~ ,*- work connected o~ the ~cin_ eipa~l to make adiy-needed repairs Qt b?r.dc~ille uposi said projat or ally t?iar~with wjthiii the`'~foreaid ten (10) day period or other c1ry t>cPottated period, that the said ~cTnc al and Surety shall joindy and sev~~l~ _be liable. to .the OWNER for the costs and -{ ~ ~" ~ such defects or im crfcctiotts. exPet~scs of making`juch i fairs or backfllls~ Qr t~t~dng good P 1297 - - - - .. i A~-2 .~ NOW, THEREFORL•, if the said Principal and Surety sliali fai:1-~fully and scc;~.iclr kce: and perform all of the obligations herein provided~to be kepi anJ prrfc~rme:d by diem, c~i r,tl;~~ of thcm, then this obligation shall be null and void and of no force ac;d effect, other;=is~• co i~. and remain in full force and effect at all times. SIGNED, SEALED AND DELIVERED this 5th day of ,~ebruar~ 19 98 . -~ Newman Contracting Comoa~_Inc. Contractor (Princiral) ATTEST: ~i 11 -.~. n~ ~ ~ Titlc N o~-a.~.~-r (SEAL) Star Insurance Co~l~r~ny Surety (SEAL) Title 1l~0~ (SEAL) `~-. ~ /~ _ __~ Attorncy Jct Fact Jeffrey W Hclmes (Accompany the bond with a Power o: Attorney) ~ ~ .> Z- .. }~9?,, .motel ~t~~~-.ts~y~, • '-00430 -'' ~~ :' MEMORANDUM TO: HONORABLE MAYOR AND COUNCII. CITY OF OWASSO FROM: F. ROBERT CARR, JR, P.E. PUBLIC WORKS DIItECTOR ~. TIMOTHY ROONEY ASSISTANT CITY MANAGER SHERRY BISHOP FINANCE DIRECTOR SUBJECT: ADOPTION OF ORDINANCE ESTABLISHING WATER AND WASTEWATER CONNECTION FEES DATE: April 17, 1998 t BACKGROUND: Consideration of a request to the OPWA Trustees for approval of OPWA Resolution #98-04 is listed ' on the OPWA Agenda and it is anticipated that action will be taken in that meeting immediately prior to the city council meeting. Should previous action by the Owasso Public Works Authority approve the adoption of Resolution Number 98-04 establishing connection fees for connection to the water t distribution system as well as the wastewater collection system of the Owasso Public Works Authority, action to establish an ordinance approving these fees is required by City Council. RECOMMENDATION: In the event OPWA Resolution #98-04 is approved by the OPWA Trustees, staff recommends adoption of Ordinance Number 577 approving connection fees established by Owasso Public Works Authority Resolution 98-04. ' ATTACHMENTS: 1. Ordinance 577 ^ CITY OF ON'ASSO ORDINANCF. NtiMBER 577 AN ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA, APPROVING CONNECTION FF,F,S FOR CONNECTION TO THE OWASSO PUBLIC WORKS AUTHORITY WATER DISTRIBUTION SYSTEM AND WASTE WATER COLLECTION SYSTEM AS , ESTABLISHED BY OWASSO PtfBLIC WORKS AUTHORITY RESOLUTION NUMBER 98-04 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: The connection fees for connection to the Owasso Public Works Authority Water Distribution System and Waste Water Collection System as established by the Trustees of the Owasso Public Works Authority on the 2l st day of April, 1998, pursuant to Owasso Public Works Authority Resolution 98-04 be and same hereby are approved. DATED this 21st day of April, 1998. CITY OF OWASSO, OKLAHOMA By_ Mary Lou Barnhouse, Mayor ATTES"T: Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney 2780-348.r&o MEMORANDUM ~ TO: HONORABLE MAYOR AND CITY COUNCIL ' CITY OF OWASSO FROM: F. ROBERT CARR, JR., P.E. PUBLIC WORKS DIKECTOR ~~~" SUBJECT: AGREEMENT AND ORDINANCE FOR CONSOLIDATION OF TULSA COUNTY SEWER DISTRICT NO. 6 (PLEASANT VIEW) WITH CITY OF OWASSO SYSTEM DATE: April 14, 1998 BACKGROUND: Homeowners in the Pleasant View Addition (east of Windsor Lake and north of Nottingham) approached staffin 1995 concerning the ability to connect to City sewers in order to alleviate septic system problems in their subdivision. The addition is outside the current City limits, but collection lines were designed in conformance with established city criteria. The homeowners elected to form a Sewer Improvement District (Tulsa County Sewer Improvement District No. 6) and issue bonds to finance construction. Council on February 18, 1997 agreed to accept, operate and maintain the system contingent upon a vote of the District. In March 1997, an election of the District was held to consider the transfer and conveyance to the city of the system. The District agreed to the consolidation. An agreement has been prepared for execution entitled "Agreement for Consolidation of Sewer Improvement District with City of Owasso and for Connection of Sanitary Sewer Systems to Existing Excess Capacity Sanitary Sewer System." The following provisions are included that the City agrees to perform: 1-Accept the sewer system and consolidate the District with the City, and 2- Collect a reimbursement from properties subsequently connected to the system that will utilize excess capacity. Reimbursements will be in the amount of $1,338.58 per acre and will be applied solely to amortization and satisfaction of the bonded indebtedness. FUNDING FOR THE PROJECT CONSTRU('TION• As indicated in the attached December 16, 1996 letter, in order to pay for the construction and installation of the facilities, the District issued bonds in the amount of $103,000.00 payable aver 20- .F Page 2 Agreement and Ordinance for Consolidation years at an interest rate of 6% per annum. These bonds are funded by ad valorem assessments against the properties in Pleasant View Addition. The City of Owasso will be assuming the indebtedness. THIS INDEBTEDNESS DOES NOT REPRESENT A MONETARY OBLIGATION AGAINST THE FULL FAITH AND CREDIT OF THE CITY OF OWASSO, BUT IS PAYABLE SOLELY FROM THE PROPERTY ASSESSMENTS. ACCEPTANCE OF THE SYSTEM: ~ Design for this system was reviewed and construction inspected by Public Works personnel in accordance with City of Owasso standards. Construction was inspected by Engineering Division staff and was completed in June 1996. ~ Public Works Department Engineering Division personnel conducted a final inspection on July 12, 1996 and were accomparried by a representative of the contractor. A punch list was forwarded to the contractor and all deficiencies were corrected by July 25, 1996. Recommendation for accepting the project has been delayed pending consolidation. A one-year maintenance bond has been provided by the contractor (see Attachment 2). The contractor has agreed to extend the original bond to become effective upon Council acceptance of the system. RECOMMENDATIONS: 1. Staff recommends Council acceptance of the sanitary sewer system improvements by the Tulsa County Sewer Improvement District No. 6. 2. Staffrecommends Council approval of Ordinance Number 5'78 providing for Consolidation of the Tulsa County Sewer Improvement District No. 6 with the City of Owasso. 3. Staff recommends Council approval of the Agreement for Consolidation of Tulsa County Sewer Improvement District No. 6 with the City of Owasso system and authorization for the Mayor to execute the Agreement. ATTACHMENTS: 1. Agreement for Consolidation 2. Memorandum dated February 12, 1997 for approval of consolidation by Council 3. Ordinance Number 578 i ^I ^~ i AGREEMENT FOR CONSOLIDATION OF SEWER IMPROVEMENT DISTRICT WITH CITY OF OWASSO AND FOR CONNECTION OF SANITARY SEWER SYSTEMS TO EXISTING EXCESS CAPACITY SANITARY SEWER SYSTEM THIS AGREEMENT is made and entered into this day of , 1998, by and between the TULSA COUNTY SEWER IMPROVEMENT DISTRICT N0.6 (herein- after referred to for convenience as the "District"), a county sewer improvement district, and the CITY OF OWASSO, OKLAHOMA (the "City"), a municipal corporation. Recitals The District was duly organized by and pursuant to proceedings conducted therefor by the Board of County Commissioners of Tulsa County, Oklahoma, on February 26, 1996, in accordance with the provisions of Chapter 20 of Title 19 of the Oklahoma Statutes 1991 (at §§871 et seq.), which Chapter 20 is hereinafter referred to for convenience as the "Act." The lands comprised by the District are situated within the Northeast Quarter of the Northwest Quarter (NE/4 NW/4) of Section 21, Township 21 North, Range 14 East, Tulsa County, Oklahoma, and include certain lots within "Pleasant View Estates" and "Pleasant View Estates Second," respective subdivisions of land in Tulsa County, Oklahoma, according to the recorded Plats thereof. The District is the owner of and has constructed a sanitary sewer system to serve the property of the District and the lands within the boundaries of the District (the "Sewer System"). The capacity of such Sewer System exceeds that which is required to serve the property of the District and the lands within the boundaries of the District, referred to above. The District is willing to execute and deliver to the City such documents or instruments as may be required to transfer and convey the Sewer System to the City in connection with the consolidation of the District with the City (pursuant to the provisions of §§898.1 et seq. of the Act, and an election for that purpose conducted in the District during the month of March, 1997), in consideration for which transfer and conveyance the City has agreed (i) to accept such Sewer System and consolidate the District with the City (subject to the provisions hereof), and (ii) to require and to collect from the owners of properties subsequently connected to and served by the Sewer System within the "Pleasant View Sanitary Sewer Drainage Area" described in "Attachment 1"appended hereto (referred to herein as the "Drainage Area") a reimbursement of such portion of the cost of constructing the Sewer System in such excess capacity as will be utilized by such other property owners, such reimbursement to be applied solely to the amortization and satisfaction of the bonded indebtedness of the District. NOW, THEREFORE, in consideration of the foregoing and of the covenants and agreements set forth herein, all of which is acknowledged by the parties to be valuable and sufficient for all purposes, the parties agree as follows: AGRIiEMENT FOR CONSOLIDATION OF SEWER IMPROY~MI;'NT DISTRICT WITH CITY OF OWASSO AND FOR CONNECTION OF SANITARY SEWER SYSTEMS TO EXISTING EXCESS CAPACITY SANITARY SEWER SYSTEM - con~im~ed 1. Consolidation of the District with the City. "' A. Consolidation Ordinance. The City hereby consolidates the District with the City, evidenced by the enactment of Ordinance No. effecting such consolidation, a copy of which is appended hereto as "Attachment 2" and incorporated herein by this reference. B. Transfer and Conveyance of Sewer System. The District hereby transfers, conveys and assigns to the City all of its rights, title and interest in or to the Sewer System and all of the improvements thereof and the appurtenances thereunto belonging, including all easements and rights of way therefor, copies of which are appended hereto as "Attachment 3," TO HAVE AND TO HOLD the same unto the City, forever. The City hereby accepts the Sewer System and assumes the responsibility and obligation for the management and maintenance thereof. C. Duties of District Officers Vested in City Council. In accordance with the provisions of X898.3 of the Act, the offices of the District are (upon the execution hereof) vacated, and the duties to be performed by the officers of the District are hereby vested in and assumed by the City Council of the City of Owasso, Oklahoma (the "Council"). D. No Assumption of Bonded Indebtedness. Notwithstanding any provisions of §898.4 of the Act to the contrary, and subject, nevertheless, to the further provisions of this Agreement, the City does not assume the legal public sewer bonded indebtedness of the District represented by the Tulsa County Sewer Improvement District No. 6 Sewer Improvement Bonds, Series 1996, in the aggregate principal sum of S100,000.00, numbered 3 to 102, inclusive (the "District Bonds"). The obligation of the City for such assumption as provided in §898.4 shall be limited to assumption of the responsibility and obligation for the management and maintenance of the Sewer System and the assessment of the properties within the District for amortization and satisfaction of the bonded indebtedness, as provided herein. 2. Connection of Additional Sewer Systems. Whenever and as often as the owner(s) of any property (referred to herein as an "Expansion Property") within the Drainage Area shall make application to the City for the connection of a sanitary sewer system serving such Expansion Property (referred to herein as the "Expansion System") to the Sewer System, such connection shall be in accordance with the then existing design and construction criteria applicable to privately- funded public improvements for the City or for the Owasso Public Works Authority. 3. City's Covenants and Agreements. The City covenants and agrees as follows: ^ ^.~ AGREIiMENT FUR CONSOLIDATION UFSEWER IMPROVI~.MENT DISTRICT WITH CITY OF OWASSO AND FOR CONNECTION OF SANITARY SEWER SYSTEMS TO EXISTING EXCF_SS CAPACITY SANII ARY SEWER SYSTEM - con[im~ed A. Satisfaction of Bonded Indebtedness. ~ (1) Notice, Equalization and Levy of Assessments. The City will, until the indebtedness represented by the District Bonds is fully amortized and satisfied, obtain from the County Assessor of Tulsa County, Oklahoma, on or before the 15th day of May in each year during the term hereof, the assessment book described in §887 of the Act, containing the information specified in such §887, whereupon the City shall immediately give notice thereof and of the time the Council, acting as a Board of Equalization, will meet to equalize assessments, in compliance with the provisions of §888 of the Act. Thereafter the Council shall, in accordance with the ~ provisions of §§ 889 and 890 of the Act, equalize and levy such assessments against the properties within the District sufficient to pay the interest and the principal amounts due on the outstanding indebtedness represented by the District Bonds, sending notice of the nature and amount of such assessments on or before the 1st day of June of each year as provided in §890 of the Act and duly ,,,~ certifying to the County Treasurer of Tulsa County, Oklahoma, no earlier than the 1st day of July and no later than the 10th day of July of each year, the amount of taxes levied upon the lands within ^ the District. (2) Application of Funds Collected by Assessments. All such funds collected or received by the County Treasurer and paid to the City pursuant to the provisions of §890 shall be applied wholly to the amortization and satisfaction of the indebtedness represented by the District Bonds, in accordance with the provisions of the Bond Resolution adopted by the District on April 2, 1996 (a copy of which is appended hereto as "Attachment 4"). B. Acceptance of Expansion System(s). The City may, pursuant to the terms ' and conditions hereof, accept the Expansion System(s) as part of the sewer system of the City, permit the connection thereto, and receive and dispose of sewage through such systems, subject to the payment of the City's charges for such services as are imposed by ordinance and by applicable state law. C. Recovery of Costs of Construction of Excess Capacity. (1) Collection of Costs of Construction of Excess Capacity. The City will, during the term hereof, require any owner(s) intending or desiring to connect to or extend the Sewer System by the construction and connection of any Expansion System(s) thereto to pay to the City the recoverable cost of the construction of such excess capacity of the Sewer System at the rate of $1,338.58 per acre for the entire aggregate area served by such Expansion System, and the City will collect such sums prior to permitting such connection of any Expansion System to the Sewer System or to any previously connected Expansion System. ~ AGREEMENT FOR CONSOI IDATION OF SEWER IMPRO vEMENT DISTRICT WITH CITY OF O WASSO AND FOR CONNECTION OF SANITARY SEWER SYSTEMS TO EXISTING F.XCF_SS CAPACITY SANITARY SEWER SYSTEM -continued (2) Allocation and Disbursement of Funds. All such funds received and collected by the City pursuant to the provisions of Subparagraph 3.C.(1) above shall be allocable solely to the payment of the principal indebtedness represented by the District Bonds, and such funds shall be held and disbursed by the City solely for such purpose. Upon the receipt of such funds collected by the City pursuant to the provisions of Subparagraph 3.C.(1) above, the City shall promptly call for payment such of the District Bonds as have the next maturity dates following such receipt of funds and total in the aggregate (together with all then unpaid interest thereon) an amount not exceeding the amount of such funds received by the City, and upon presentation of such Bonds shall promptly pay the principal amounts due thereon, together with such interest as shall be due and unpaid as of the date of payment, to the holder(s) thereof. 4. Further Covenants, Agreements and Assurances. The parties further covenant and agree as follows: A. Term of Agreement. Unless sooner terminated by the satisfaction of the indebtedness represented by the District Bonds, the term of this Agreement shall run from the date of acceptance by the City of the Sewer System, until the expiration of twenty-one (21) years. ~ i ~~ B. Limits of Collection by Expansion System Owner(s). Owner(s) of Expansion Systems within a higher elevation in the Drainage Area shall only be entitled to payment for excess capacity constructed by them, if such payment is in addition to the payments herein provided for, until the indebtedness represented by the District Bonds has been paid in full. C. Additional Connections by City. The City shall have the right to make such connections and cross-connections as it may deem necessary for the proper management and utilization of the Sewer System and any Expansion Systems as integrated parts of the City's sewerage system. D. No Obligation by City to Provide Service. Nothing herein shall be construed to obligate the City to give or continue to give sewer service to any person or entity, or to any particular tract of land, other than the properties within the District, except in accordance with its ordinances, regulations or sewer service charges as are now in effect or may hereafter be adopted. E. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. AGREEMENT FOR CONSOLIDATION OF SEWER IMPROY7~MENT DISTRICT WITH CIIY OF OWASSO AND FOR CONNECTION OF SANITARY SEWER SYSTEMS TO F,XISTING EXCESS CAPACITY SANITARY SEWER SYSTEM - contin:~ed IN WITNESS WHEREOF, the parties have executed this Agreement as of the date hereof, at Owasso, Oklahoma. TULSA COUNTY SEWER IMPROVEMENT DISTRICT N0.6 By: ohn A. Dix, Director Mark Wi~' Clerk and Secretary ~~~ By: ~,~ Rick Mahar, Director CITY OF OWASSO, OKLAHOMA By: Mayor ,, STATE OF OKLAHOMA ) ss. Acknowledgment COUNTY OF TULSA ) ~ a 1 r;+r,•,,, ~ ,. ~' ~I'HIS~.AG>MENT was acknowledged before me this / ~ ~~ day of ..(,lt~t.~,c , =X1998, by JohriA mix, as Director of the Tulsa County Sewer Improvement District No. 6. ~ ~~ a .~ ~ (SEAL)' - ~> '~ ~ ~~ ~" _ ~ ~ e,~` 1 }} Notary Public 1VI,y'camrnissiap'~xpires: ~ ~.•~;~ ~~-. [=ti,~~~Jy ~f ~ ; v 18 ~ AGREf~fENT FOR CONSOLIDA`IION OF SEWER IMPROVEMENT DISTRICT "~~- WITH CITY OF OWASSO AND FOR CONNECTION OF SANITARY SEWER SYSTEMS M1~ TO EXISTING EXCESS CAPACITY SANITARY SEWER SYSTEM -continued STATE OF OKLAHOMA ) ss. Acknowledgment ~"" COUNTY OF TULSA ) v ~~l~t/~Fi~~~ `~~~~~,~' `I~~~ ~~I~EMENT was acknowledged before me this 1 ~( ~-~ day of ~7`.,[.~c~t.u ~~ 1998.,bj~;lw>~~~k ~ilmoth, as Clerk and Secretary of the Tulsa County Sewer Improvement Di trict ~' ,, - ~ ~. .,,, _ n~ r ..... `; ~ v~ ~ ~ VJ .._ P r`' ~~ .,f `` ._. (SEAL? _, a, ~~~ ~ ^ Notary Public `~~~o'~riiis~slbn expires: F~f~y €° ~ . _. :'J.1, ~OQ1,~ ~~ STATE OF OKLAHOMA ss. Acknowledgment COUNTY OF TULSA ) ~ ! - l l / //~,rs~ //~ ~~ J`~~S'~A~MENT was acknowledged before me this J ~ - day of ~~ 1~9~6}~~Ri~kMahar, as Director of the Tulsa County Sewer Improvement District No. 6. ~~ _,_,.. ~ ~, ). , ' ~~ ;; .;'• ~~~ - _ No ary Public 1C~~,~~rim~$ibl~ expires: ~~Ccr~~iss,ea ~.~;;_:;-,v F~:~~.1~£,?~e~ ~~~i;:~ STATE OF OKLAHOMA ) ss. Acknowledgment COUNTY OF TULSA ) THIS AGREEMENT was acknowledged before me this day of 1998, by , as Mayor of the City of Owasso, Oklahoma. (SEAL) Notary Public My commission expires: ^I i ^I ~ ^~ ~ 1 ' AGREEMENT' FOR CONSOLIDATION OF SF_'WER IMPROVEMENT DISTRICT WITH CITY OF OWASSO AND FOR CONNECTION OF SANITARY SEWER SYSTEMS 'I'O F.XLSTING FxCESS CAPACITY SANITARY SF.WF.K SYSTEM -continued Schedule of Attachments N' ~" 1. Description of and map depicting the "Pleasant View Sanitary ~,- Sewer Drainage Area" 2. Ordinance No. enacted by the City of Owasso, ~,~ Oklahoma, on , 199_ ~. 3. Easements and Rights of Way for the Sanitary Sewer System ~ 4. Bond Resolution adopted by the District on April 2, 1996 (3mS-H~ WP\SewerDis(rict6.Ageemen[ ~~ t 1 7 !i_T ~-1 ,' ~~r 1~~-~~~r.~~' _~T -~i'_!~t. ~:-.IE~~_',C~~'~E,~.{T F _ ~J I ~ } ~. ~` ~~ o~ r_- d ~- ~ i Z 4 ~ _- UUUUUUU U QW X~~`` ~ ~Q Q Q¢ Qd 4 ~Q Q w~l ,~ CV O tl; ~ 41 tD ip fV ~ Z Q ~ C ~ N cV h~ W- cn Y Z ~ ~~ Q ~~ 11 !I 11 II it Il II 11 Q 3 ~' ~ ~ Q t1~W o ~?I i~ 4 m U ~ W u. (7 F.. ~ r~ I ,~ ~ Z 0 W W ~-- ~ I `~ °o ~ !~ ~ ti ~ -------- ^~---1--r- - r..~_-~ ~ r i ~ 9 -- ~ ~ ~ .. - W~ '- - - .~ W ~ :~;=: - - - `'~; ~~~11 - ~ ~~ 0. - ~J ~' - - ~; ~~ - - - ~, - i - - - -- 1 ~~~ ~ ~~N Caw ~ ~ - - Oz~ ax ~ °wa ~ ~~ .~ I- - `1 ~ ~ `- T ,~ ~/~V '3 H18ZL 7~~ ~~ w ~, Z ~. J ~ ~ ~~ W a ~ Q ~i I ~uauigae~~ ~ M3U1-1NVSd31d a3tn3s ~~ ATTACHMENT 1 (continued) Legal Description of "Pleasant l~iew Sanitary Sewer Drainage Area" ~ Parcel A A parcel of land located in the Northeast Quarter of the Northwest Quarter (NE/4 NW/4) of Section Twenty-One (21), Township Twenty-One (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the recorded Plat thereof, being more '~ particularly described as follows: ' Beginning at the Northwest corner of the NE/4 NW/4 of Section 21, thence due East and along the North line of said Section 21 for a distance of 615.65 feet; thence South 00°90'33" West for a distance of 698.00 feet; thence South 89°57'43" East for a distance of 324.48 feet; thence due South for a distance of 224.54 feet; thence along a curve to the right (said curve having a central angle of 90°00'00" and a radius of 30.00 feet) for a distance of 47.12 feet; thence due West for a distance of 7.16 feet; thence along a curve to the right (said curve having a central angle of ~ OS°39'20" and a radius of 374.91 feet) for a distance of 37.01 feet; thence North 84°20'40": West for a distance of 11.13 feet; thence along a curve to the left (said curve having a central angle of 20°04'34" and a radius of 1159.86 feet) for a distance of 406.41 feet; thence South 75°34'45" West for a distance of 11.39 feet; thence along a curve to the right (said curve having a central angle of 56°54'13" and a radius of 86.31 feet) for a distance of 85.72 feet; thence South 45°40'06" ~ West for a distance of 507.41 feet to a point, said point being the Southwest corner of the NE/4 NW/4 of Section 21; thence North 00° 10'11" East and along the West line of the NE/4 NW/4 of ' Section 21 for a distance of 1,319.83 feet to the Point of Beginning, Including Lots 1, 2 and 3, Block 1, Lots 1, 2, 3, 4, 5 and 6, Block 2, PLEASANT VIEW ' ESTATES, and Lots 5 and 6, Block 1, PLEASANT VIEW ESTATES SECOND, respective Subdivisions of Land in Tulsa County, State of Oklahoma, according to the recorded Plats thereof. ' B The West Half of the Southeast Quarter of the Southwest Quarter (W/2 SE/4 SW/4) of Section Sixteen (16), Township Twenty-one (21) North, Range Fourteen (14) East, Tulsa County, State of Oklahoma C The West Half of the East Half of the Northeast Quarter of the Southwest Quarter (W/2 E/2 NE/4 SW/4), and all that part of the West Half of the Northeast Quarter of the Southwest Quarter (W/2 w NE/4 SW/4) lying or situated South and East of the U.S. Highway 169 right-of--way, in Section Sixteen (16), Township Twenty-one (21) North, Range Fourteen (14) East, Tulsa County, State of Oklahoma D, E, F All that part of the Northwest Quarter of the Southwest Quarter (NW/4 SW/4) of Section Sixteen (16), Township Twenty-one (21) North, Range Fourteen (14) East, Tulsa County, State of Oklahoma, lying or situated South and East of the U.S. Highway 169 right-of--way ' G All that part of the Northeast Quarter of the Southwest Quarter of the Southwest Quarter (NE/4 SWI4 SW/4) of Section Sixteen (16), Township Twenty-one (21) North, Range Fourteen (14) East, ' Tulsa County, State of Oklahoma, lying or situated South and East of the U.S. Highway 169 right- of-way Attachment 3 TULSA CUUNTy CLERK - JUAN IiASI1NGS It('I'I I'_'/,SiO I'_'/Id/~/S I,"~:il:: I', DUC # 951113G4 FCE &.0O YGS 1 "'I' .`i7Gb/I;i'_'?i 1 '_'.S SA'NI"1'ARY SE1'VLR I?ASF.M[~NT CRAN'1' KNOW ALL 4Y THESE PRESENTS: n/~/~~ y~ ~TEpEI~ F~'_'~" D"~ 00 "prat the undersigned, ~t'ffi'sN h,DWIN 13L1~,«'tl 11 and LAURI SUF BI htiCll, husband and N wife (herein the "Grmlor," whether one or more), the uwncr~ of the Icgal and equitable title to the following real estate, ~_ for and in consideration of the sum of One 'I housmrd Dollars ($1,000.00) cash in hand paid, and other good and valuable consideration (including the agreements and covenants set forth herein), receipt of which are hereby acknowledged, do hereby grant and convey unto IOIIN A UIX (herein the "Grantee," whether one or more), of Owasso ,Oklahoma, CO :utd to his heirs, successors and assigns, a pcrpehral casement through, over and across the following described ~ property: 1`~ ~ "I'he West Fifteen (IS) Icet of L.ot "I'tvo (2), 131ock One (I), PLEASANT VIEW ESTATES SECOND ADDITION, an Addition in Tulsa County, Slate of Oklahoma, according to the recorded Plat thcreol~, fo turpose of permitting the said Grantee uud his heirs, successors and assigns, to construct a sanitary sewer main through, over, under and across said property, together with all necessary acrd convenient appurtenances thereof; rr and to use and maintain the santc, and of affording the said Granlce, and his heirs, successors and assigns, and/or all iu ~~ persons under contract with hint ,the right to enter upon said prenuses and slnp of land for the pwposes of swveyin ~~ ~~ excavating for, laying, constructing, operating, repairing, relayurg and ntauHainmg said sanil:uy sewer main er-rtaeirr~, `~ ('~ for the further purpose of enabling the said Grantee, and Iti~ heirs, successors and assigns, and/or all persons unc;er d '- ,.f contract with rim to do any and all convenient Ihings incident to such construction, operation, repairing and ,.t ;~ t) ~, maintaining of such sanitary sewer main (~+txtie:+, „r C) ~ .L ~;d TO RAVE AND TO BOLD such easement and right-uf--way unto the said Grantee and Iris heirs, successors and assigns, forever (except as hereinafter limited). 2%~ AND as a part and parcel of the consideration for this Grant, the said Grantee, for im 1 and for ti heirs, successors attd assigns, doh hereby covenant and agree, solely at the said Grantee's expense, to oversee and supervise the completion of the smtitaty sewer facilities described above, ar tha ~ id premises and strip of land shall, upon the completion of construction of such sanitary sewer main~r-wry , r ~d as near as reasonably practicable to the same -~ condition thereof as existed immediately prior to the cuuuncncemem o~ such construction (including sodding of all grass -~ ' areas and the removal of all excess dirt), whereupon the said Grantor, a' hit heirs, successors and assigns, upon i reasonably satisfaGOry completion of such restoration of the land (su~jecl to the approval of the said Grantor, or their •i heirs, successors and assigns), shall promptly release the said Grantee and his heirs, successors and assigns, and/or all ,ai persons under contract with tit t ,from any further liability or obligation for the restoration of such premises and strip of r: land. n_ ,:r r' THIS EASEMENT GRAN"f SIIALL NEVGRTIiELESS expire and be of no further force or effect if the constnrction attd installation of the sanitary sewer facilities described above, and the restoration of the land as provided above, are not completed within one (I) year from the date hereof (+ahcrcupon the consideration paid to the said Grantor for this Easement Grartt11shall be retained by the said Grantor). Dated this ~L day of y i n,e 199 (~r j~1 j ~ even G( win 131csch 11 ~ -~ i-9 ~\_ /tee 1 X QDc' In ~ ~ A • ~ I )C Lauri Suc 131csch STATL' OF OKLAHOMA ) ss. COUNTY OF I~.C LL/ ) ACKNOWLEDGMENT ~f „ells„instrument was acknowledged before me ibis .~L day of _ot_e,-- ~}~~`i~4lutlri Ski I;Inc-1~1t.t~!?•,tnSL:l~(I_.1L'if~and John A. Dix. ~1,...... /frti; = `r.•'' -K ~'' _ Notary Public e c~rS~)l3 L l C ' ~., - t;l pnp FOR )~ "" z ~y~ihlfl~~ii ~ ~>jres: / G<. C Att ~~~~` ~ t MY (OMIy{~~~01.{~%prrtl'S•APRII 21, 1999 1995 , by Steven F.dwi1 ,,,,,,,,,,,,,,,,,,,,,,,,,,,, ' G ~ , E, ~K, . T; ~ s " ' ' ' , .``fir ~ . • ,(~ S~ C~J'; '~, '~L A 110'c!, "~ ~ ~'~ c' , c~ r O CO ~; TULSA COl1NTy Cl.i:kK - JOAN i1ASTINGS k~Pl 2670x3 02/13/9& 16:01:35 UUC # 98014784 i"Ei~ 8.00 PGS 1 F3/P (i01 1 /0703-0703 ASSIGNMENN'I" OF SANITARY SEWER EASEMENT GRr~NT KNOW ALL BY THESE PRESENTS: Thal JOIiN A. i)IX, of Owasso, Oklahoma, for value received, does hereby ~raui, bar~aiu, sell, assi~u, lrausfer and set over unto llte 'I~UI,SA COUNTY SI?V(~I;I~ ITv'I I'I20VI:MI;Nr DIS~'RIC"I" NO. ~l ll,ai certain Sanitary Sewer Easeuteni ~irani dated June 21, I~)95, caecuted by Steven Edwiu Blesch II and Lauri Sue Blesch, husband and a~ifc, as ~iraulots, i^ favor of Johu A. Di.Y, as liranlee, for a Pert,etual easentenl lhror,~lt, over and across the {ollowin~ described prorerly: The Well Fiftecu (15) feet of Lol Twu (2), Bluck Oue (1), PLEASANT VIEW ESTATES SECOND ADDITION, au Addition in Tulsa County, Stale of Oklahoma, accordiu~ to the recorded Plat lltcreof, which Sanitary Scwcr Eascmcul Ciranl was file for record o^ December I4, Iy95 iu the Office of il,e County Clerk o{ Tulsa County, Oklahoma, recorded in Boolz 57f~8 al Pale 1328. ,.~``'~RK TU~s', V~.. •.9 Dated this ~°Z T~dayof February, Iy98. `Z' -,~~.~ _~: ~.` °v~• ~... ''!~''~~,, ~~l A HOk`~' ~.~` ~~~ u n u n I,~aa Ol IN A. )IX STATE OF OKLAHOMA ) ss. lvnli~lr~u,l~~tc~~voir~i~ncrl~,~~r COUNTY OF TULSA ) III~I~j~~tfsirunteul was ackuowled~cd before me this ~Z day o{ Febnlary, I9y8, by ~'- ' ~ys~w~. ;. ; :, _ - Notary Pnbhe ;, !\1y Cttnttussio,i E~ires±~ ~'~ - 1~~I C:~~~I~FICE~WI`4'/1M4'P21QC5 ~~ ~iXT'CSID.ASN • III' 'f I IIS INt f'RIITIGNI' PRIiPAhlil) Rl': ' ~ ~ %' I ~ ~ I-EPI IIiN A. SCI I UIJ.IiR 5~6,.Ile~ E~ 1•Glla `.4:' ~u~lc 1024 330 South I3oelou Avcuuc "I'~~L;~, OI:I~L.~~~~., 74103-3703 a~.a Attachment 4 BOND RESOLUTION WHEREAS, pursuant to an election duly called and noticed for that purpose, a majority of the owners of the lands lying within the Tulsa County Sewer Improvement District No. 6 voted in favor of the issuance of revenue bonds pursuant to Title 19, Oklahoma Statutes, §884, in an amount not to exceed One Hundred Twenty Thousand and 00/100 Dollars ($120,000.00), being the actual estimated costs of the improvements, and acquisition and construction of a sewer system pursuant to a general plan of proposed operation for the District certified by a registered engineer licensed under the laws of the State of Oklahoma, said election duly held on March 22, 1996; and, WHEREAS, the aggregate amount of bonds needed is One Hundred Thousand and 00/100 Dollars ($100,000.00), NOW THEREFORE, be it resolved by the Board of Directors of the Tulsa County Sewer Improvement District No. 6: SECTION I THAT, for the purpose of paying the contract price and other expenses of the acquisition, construction, advertising, appraising, engineering, election and such other expenses as are necessary or essential to the completion of a sewer system within said District there be issued a series of Sewer Improvement Bonds in the aggregate amount of One Hundred Thousand and 00/100 Dollars ($100,000.00). SECTION II SAID bonds shall bear the date of May 1, 1996. Said bonds shall be payable in lawful money of the United States and shall run for a period of twenty (20) years. The principal and interest shall be payable at the office of the Clerk of the Board of Directors or at any bank or fiscal agency designated by the Board of Directors. Such bonds shall be each of a denomination One Thousand Dollars ($1,000.00), shall be negotiable in form, executed in the name of the District and signed by the Director of the Board of Directors and the Clerk of the District, facsimile signatures being permissible. The bonds shall bear interest at a rate of not exceeding six percent (6~) per annum. Said bonds shall be designated as Sewer Improvement Bonds, and i~ shall recite that same are issued by authority of Title 19, Oklahoma Statutes, §871 et seq., for the acquisition, construction and cost of the improvements for a sewer system in said District. And in no event shall the bonds become the liability of either said District, Tulsa County, or the State of Oklahoma. The bonds shall be payable from the assessments which will be levied upon the lots, pieces, tracts and parcels of land benefitted by said improvements and from the accumulation of interest and penalty from said assessments. The said bonds become due and payable and bear interest from their date until paid as follows: Numbers 01-05 $5,000 maturing on November 1, 1998, @ 6~ 06-10 $5,000 maturing on May 1, 1999, @ 6~ 11-15 $5,000 maturing on November 1, 2000, @ 6$ 16-20 $5,000 maturing on May 1, 2001, @ 6~ 21-25 $5,000 maturing on November 1, 2002, @ 6$ 26-30 $5,000 maturing on May 1, 2003, @ 6~ 31-35 $5,000 maturing on November 1, 2004, @ 6$. 36-40 $5,000 maturing on May 1, 2005, @ 6$ 41-45 $5,000 maturing on November 1, 2006, @ 6~ 46-50 $5,000 maturing on May 1, 2007, @ 6~ 51-55 $5,000 maturing on November 1, 2008, @ 6$ 56-60 $5,000 maturing on May 1, 2009, @ 6~ 61-65 $5,000 maturing on November 1, 2010, @ 6~ 66-70 $5,000 maturing on May 1, 2011, @ 6~ 71-75 $5,000 maturing on November 1, 2012, @ 6g 76-80 $5,000 maturing on May 1, 2013, @ 6$ 81-85 $5,000 maturing on November 1, 2014, @ 6$ 86-90 $5,000 maturing on May 1, 2015, @ 6~ 91-95 $5,000 maturing on November 1, 2016, @ 6~ 96-100 $5,000 maturing on May 1, 2017, @ 6~ SECTION III THE District shall have the right to call in and pay said bonds, or any number thereof, in the following manner: Whenever there shall be sufficient funds in the hands of the District after payment of all interest due and to become due within the next six (6) months, the clerk shall on or before May 1 and November 1 of any year give notice by registered mail addressed to the last registered holder of the bonds called at the address appearing on his registry that there has accumulated funds sufficient to pay the designated bonds and interest to May 1 next or November 1 next, as the case may be, and directing the presentation of said bond or bonds for 2 ,~Y payment and cancellation of said bond or bonds will cease to bear interest after said May 1 next or November 1 next as the case may be. SECTION IV THE Director of the Board of Directors and the Clerk of the District are hereby authorized and directed to prepare and execute said bonds, and, when they have been executed and registered and certified in the amount and form required by law, the bonds in the amount that may be necessary for such purpose be advertised and sold or delivered to the contractor submitting the successful bid for such improvement, as the case may be, all of the proceeds in any event, being used for the payment of the construction costs including the cost of advertising, appraising, engineering, election and such other expenses as are necessary or essential to the completion of the improvements. SECTION V THE Registrar for all registered Bonds issued pursuant to this Ordinance shall be the Clerk of the District, which shall maintain a Registration Record in his office of the purpose of registering the name and address of the Registered Holder of each registered Bond. The Registrar will keep the Registration Record open for registrations during its business hours. In the event of a change of Registrar, notice thereof shall be mailed, registered or certified United States Mail, postage prepaid, to the Registered Holder of each registered Bond. The name and address of the Registered Holder as the same appear on the Registration Record shall be conclusive evidence to all persons and for all purposes whatsoever and no person other than the Registered Holder shown on the Registration Record shall be entitled to any right or benefit in relation to the Bond so registered; provided, that the foregoing shall not apply to any successor by operation of law of such Registered Holder. Registered Bonds shall be transferable only upon delivery of such Bonds to the Registrar, duly endorsed or accompanied by a written instrument of transfer in form satisfactory to the Registrar, executed by the Registered Holder thereof or his attorney duly authorized in writing, and such transfer registered on the Registration Record. If the Form of Assignment on such Bonds is exhausted, such Registered Bonds delivered to the Registrar for registration of transfer shall be cancelled by the Registrar on the face thereof and the Registrar shall authenticate and deliver to the transferee Bonds in aggregate principal amount equal to the unpaid principal of the surrendered Bonds in new registered Bonds, in denominations of $1,000 or any whole multiple thereof. The Registrar shall not be required to i~ make such transfer after the fifteenth (15th) day preceding any interest payment date until after said latter date. PASSED AND APPROVED this ~~%k% day of 1996. TULSA COUNTY SEWER IMPROVEMENT DISTRICT N0. 6 By: ATTEST: • o-i~~ - Clerk 4 Director ~~~~ ~ ~~~f a~ MEMORANDUM TO: RODNEY J. RAY CITY MANAGER ~C~ R BERT ARR P.E. FROM: F. O C , JR , PUBLIC WORKS DIRECTOR l DtivN cc~ SUBJECT: APPROVAL OF CONSOLIDATION OF TULSA COUNTY SEWER DISTRICT NO. 6 (PLEASANT VIEW) WITH CITY OF OWASSO SYSTEM DATE: BACKGROUND: February 12, 1997 Homeowners in the Pleasant View Addition (east of Windsor Lake and north of Nottingham) approached staff in 1995 concerning the ability to connect to City sewers in order to alleviate septic system problems in their subdivision. The addition is outside the current City limits, but collection lines were designed in conformance with established city criteria. The project consisted of installing 1,535 LF of 8-inch sanitary sewer line. Oklahoma Department of Environmental Quality construction permit No. SL,000072950907 was issued on February 16, 1996 (see attached permit). The homeowners elected to form a Sewer Improvement District (Tulsa County Sewer Improvement District No. 6) and issue bonds to finance construction. The District would like the City of Owasso to accept the system for operation and maintenance. A work session was held with some of the Directors of the District on January 14, 1997 to discuss consolidation of the District with the City of Owasso sanitary sewer system. They are already connected to sewer lines in Nottingham and receiving service from the City. CONSOLIDATION PROCEDURE: Procedurally, athree-step process is required for consolidation to occur as follows: 1 -The District asks the City to accept, operate and maintain the system contingent upon vote of the District; 2 -The District will then ballot the members, and 3 -Following concurrence with the District members, Council will need to act to formally accept the system for operation and maintenance. ' Step 1 in the process has occurred. Page 2 Pleasant View Sewer District Consolidation ING FOR THE PROJECT CONSTRUCTION: ~ As indicated in the attached December 16, 19961etter, in order to pay for the construction and installation of the facilities, the District issued bonds in the amount of $103,000.00 payable over ' 20-years at an interest rate of 6 % per annum. These bonds are funded by ad valorem assessments against the properties in Pleasant View Addition. The City of Owasso will be assuming the indebtedness. THIS INDEBTEDNESS DOES NOT REPRESENT A MONETARY OBLIGATION AGAINST THE FULL FAITH AND CREDIT OF THE CITY OF OWASSO, BUT IS PAYABLE SOLELY FROM THE PROPERTY ASSESSMENTS. ' ACCEPTANCE OF THE SYSTEM: ~ Design for this system was reviewed and construction inspected by Public Works personnel in accordance with City of Owasso standards. Construction was inspected by Engineering Division staff and was completed in June 1996. ,r Public Works Department Engineering Division personnel conducted a final inspection on July 12, 1996 and were accompanied by a representative of the contractor. A punch list was forwarded to the contractor and all deficiencies were corrected by July 25, 1996. Recommendation for accepting the project has been delayed pending consolidation. One-year maintenance bond has been provided by the contractor (see attached). The contractor has agreed to extend the original bond to become effective upon Council acceptance of the sanitary sewer system. Formal acceptance of the system (Step 3 in the above process) will occur after the District ballots the members for consolidation (Step 2 in the process). RECOMMENDATION• Staff recommends Council approval of consolidation of the Tulsa County Sewer improvement District No. 6 with the City of Owasso system. '- ATTACHMENTS: t 1. Location map 2. ODEQ Permit 3. Letter from Tulsa County Sewer Improvement District No. 6 concerning consolidation dated December 16, 1996 4. Punch List ~ 5. Maintenance Bond dated April 11, 1996 6. Letter from contractor agreeing to start maintenance period at acceptance by City Council dated February 11, 1997 ^ ~I QG~C Gil pQG°~C~ 90TH SrR.ET Q °o lnllf~'1 W ~ UV ~ 0 UV W ~00~~ `-' > n : ~i STREET - > Q > Q a w ~ w ~ ° ~ ~ o M 89TH STREET LOCATION MAP PLEASATVT VIEW CITY OF OWASSO OKLAHOMA BATH STREET , PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION F ter: % 1VI.AR.K S. C OI.E1~I.aN ~' :' FRA1~1K KEATING ~ ~ecutive Director e,:;~;'r Governor State of Oklahoma ~ DEPARTMENT OF ENVIRONMENTAL QUALITY --, r._ _ _ _ - ,- February 16, 1996 ~ F.:: - _ .. _ - .~ ' John T. Vinson, City Engineer _. -__ _ ~ J ~. City of Owasso ~~_ _'" _ ---- _- ~ ' P.O. Box 180 ------_ 207 S. Cedar Owasso, OK 74055-0180 Re: Permit No. SL000072950907 Pleasant View Estates ~_ 3007218 Dear Mr. Vinson: Enclosed is Permit No. SL000072950907 for the construction of 1542 I.f. of eight 18) inch sewer line and appurtenaces to serve the Pleasant View Estates, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this department on February 16, 1995. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Chief Engineer 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 11) set of the approved plans to you, sending one (1) set to your engineer and retaining one (1) set for our files. ~~ ' Very truly yours, 1 Gary Ki~der Construction Permit Unit ' Water Quality Division GK/HJT/GM/vp Enclosure cc: Dan Tanner, P.E., Tanner Consulting ~"'~ Carl Parrott, P.E., WPC Unit Supervisor John Terrell, Tulsa County DEQ office Bill Warden, R.S., Regional Director, DEQ :Ck;J Vnrthensc Tenth Street, Oklanoma City. Oklahoma 73l l:-L.1? L+ recycled pa prr STEG'nE^+ A. SCr-tu~_c.E? ~NrVP!"OM4tCU EREN' L. MtI.LS :'~~-ORPORQ-~G .J o.~[~RCw cv~_pw n.:=:~R:^r~~ca,~^Co tiCHULLEFi & 1TILLS PAOFESS~uw•: 4.suca*~o~ ATTORNEYS 320 56uTn ~b~r0•v av ENUE 9uiTE iO~a TQT.~ :a. V PCLAHO:i.~. 74103-3%O~ Decernber 16, 1996 Ronald D. Cates, Esq. City Attorney of the City of Owasso Suite 680 525 South Main MaII Tulsa, OK 74103-4507 Re: Tulsa County Sewer Improvement JJistrict No. 6: (,.c~nsc~li elation «7th City of () vas,~t Oklahoma. Dear Ron' ~EC~IVED DEC ~ 7 1D56 =a.si•n:i.= i2~A: 563-8230 This letter will sen-e to eottfirm the meeting or "work session" scheduled for Tuesday evening, .Ianuan• 14; 1997, at 6.,(.1 p.m. in the basement or lower level of the Owasso City Hal{; at 207 South Cedar, in Owasso, at which one or more of the Directors of the Tulsa County- Sewer Improvement District No. 6 will meet w7th the members of the City Council, as well as tht Ciri~ Manager and, presumably, the City's Public Works Director, refiarding the consolidation of the District «-ith the City of Owasso. pursuant to the provisions of 19 O.S.1991 ~ X898.1 et .~cq. As T mentioned to you in my letter of August l ~_ 1996_ the District was organi-red by the Board of~ County Commissioners of Tulsa County on February 2h, 1996, in accordance with the provisions of l9 0.5.1941 §y~871 e! .«q. The sanitary sewer facilities within the District are in place and completed. and then have been connected to the City's sanitary sewer system and are presently in operation. On behalf of the District [have previously made a forzt~al request by the Board of Directors of the District, for the consolidation of the District with the City of O`vasso, pursuant to which the sanitary sewer facilities constructed within the District, and any easements and rights of way therefor, and all hereditaments appertaining thereto, would be transferred to and become part of the City of Otivasso's sanitary sewer system. Cjnder §898.2; the City would also assume the bozided indebtedness of the District (as described above), and the propzrties within the District would assume any legal bonded indebtedness of the City of Owasso. In order to pay for the construction and installation of the sewer facilities, the District issued l0 Sewer iznpro~ement Bonds, each in the amount of 51,000.04 (for a t<>tal of 5103,u0u.00'j, dated May 1, 1996, bearing interest at the statutory rate of 6% per annum. maturing at various dates over the next twenty years, according to the provisions of 19 O.S.1991 ~$$a- As you know-, assessments have been levied through the Office of the Tulsa County Treasurer, under the provisions of 19 U.S.1991 x$90, for the 1996 ad valorem tax year. ii i~ P.onatd D. Cates, Esq. December 16, 1996 Page 2 ~'l1e Directors of the District and [look forward to our meetiag next month. Plea.,e frek free to Call me if y~~u have anc questions, or if I may be of any further assistance to you in this matter. Very truly yours, Stephen A. Schuiler SAS:me Grs~°o.~Si~.~l:'are~R a~.l .cttn .~-email: SchullerQK aaol.com ce: dir. John Dit, .Director Xul.sa County Sewer lmpcovement pistrict No. 6 C~"'TES~UNDERWOl7D 91858~~3160 P . H3 4 G N F- li z i ~ 1 i ~ ~ •~~ ~ i i ~ , ~. ~ r, •ac ~ ` f 1 r ~~~ 2 i M: sac: ? ~` ~ ~ ~ ~_ .. ;• , I ~: ~ ~ ~ ~~ V ~ 2 1 ~ .~,~`: ti.: ~ J T ~ `w ~- t~ ~ 2 ~ i K~t:eG_3 ~ Z ~ ;~ 4 I i 5 ~ ~ 1 _ • ~ I - rn ~ i ~ ~ ~ r M'.. ~4 ~' fit/) ~~\ / 3 ~ r~ ~ ~ ~wzi,e~ n1:it9Q3~ ~ S1t900 ~ aC~ ~ , ~ ~ z ~ ~ 3 ~ ~~ s f ~~ ``ram 7'rE AttaS i5 =C-~ t~:rGRU~Ti•~N ,ENO iS rv~JT ak aCCLR~ ANJ ~:: 5.;.. ~U~LIG `~~lJ~itiS GG~.•;='.T`.~~,.T 3EPRES~jTA?l~u ^e _. -•' C? ~~.v.-55:' iti~'ZL:.+:~CNS. JS~ ~F - ~,~ a,~ .S :r;'n ~`~,P::. u!`i~~' ~•. +Yli'.•lOUT 'XArZq:N'?' rJR Rv,?.Z~_:;i-ni~.h $" Tr+c ;1-'( QM.:~C ~ ?l:` 'NCB*.~ Q~?4RiTAE,*i~ ^~ !TS ^L:17~C•r ~•_~ ~~~ ^~~^^Or.S ~~~~h~J ;JP.+r== ?-___ ~ -_ _. ,- ~ i PLEASANT VIEW SANITARY SEWER FINAL INSPECTION July 12, 1996 8:30 AM Sanitary Sewer om leted 1. Lamphole a -Seal the annular space between the riser July 25, 1996 pipe and rim with mortar. 2. Manhole #4 -Intrusion and infiltration (I&1) in the " lower joint. Reseal. 3. Check the pavement damage immediately NW of MH #2. " The saw cut indicates your intent to replace the damaged section. 4. Manhole #1 - I&I above the outfall line on the west side. " 5. Uncover the gass line stubout (yellow cap) at 13412 E. 94th Street North. *This was at the request of the occupant. The riser could not be located and the occupant dismissed the request. MID-CONTINENT CASUALTY COMPANY MtaCOwnw[wr C C KNOW ALL MEN BY THESE PRESENTS: Box 1409 TULSA, OKLAHOMA 74101 BOND N0. 77962 DEFECT BOND THAT WE. MCGUIRE BROTHERS CONSTRUCTION. INC. , as Principal. and MIO-CONTINENT CASUALTY COMPANY, an Oklahoma corporation, having its principal place of business in the Ciry of Tulsa and State of Oklahoma. as Surety, are held and firmry bound unto CITY OF OWASSO as Obligee, SEVENTY-THREE THOUSAND EIGHT HUNDRED SEVENTY-TWO AND 50/100----- 73,872.50 in the penal sum of Oallars (S ), lawful money of the United States of America, for the payment of which, well and trury to be made, we bind ourselves, our heirs, executors, administrators. successors and assigns, jaintry and severally, firmly by these preserrts. WHEREAS the said Principal has constructed certain improvements described as follows: SANITARY SEWER EXTENSION TO SERVE PLEASANT VIEW ESTATES OWASSO, OKLAHOMA Which said improvements have been constructed to conform with specifications prepared by NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the said Principal shall maintain said improvements for a period of ONE (1) year(s) against any failure due to defective workmanship or materials, said ONE ~ 1) ye(s) period to begin with the date of completion and acceptance of such completed improvements described above, then this obligation shall be null and void, otherwise to remain in full force and effect, subject however to the following express provision: The Obligee, by and through its proper representative, shall give the Prinapat and the Surety written notice of all repairs required to fulfill the terms of this maintenance guarantee: and the said Prindpal and Surety shall, after receipt of art)r such notice, be allowed a reasonable period of time in which to make any such repairs. SIGNED, sealed and dated this 1ITH day of APRIL t9 96 ' - v MCGUIRE BROTHERS CONSTRUCTION, IN(pQndpal ~L~r ~,;,..,~...~ ' - ~ ~ MIO- ONTINENT CASUALTY C PATJY (3y _ /L-- Attomey-in-fact B•t2p5 MC 16-881 ~C,~\R~. BFl~~HERS C~lyST. \N~.. 8415 S. Regenry Dr. Tulsa, Oklahoma 74131 • Phone 224-2764 -224-2789 .. ~ - ~ l '. 7 _. ._.;! aaaO aaa~a .w a.....,...w ~~•«w. February 11, 1997 City of Owasso Robert Carr Public Works Depa1-tment Box 180 Owasso, Oklahoma 74055 Re. Pleasant View Sewer District Dear Mr . Carr P1`.ase accept this letter as an agreement from McGuire Brothers construction, Inc. to start the m~:~inr_ance bond on the abo~~e referenced project at t.ha time of acceptance from cit; i~ouncil. Sincerely, _-7 ~ ~ V ~'~^ ~~ Tom McGuire President TM/gh CITY OF OWASSO, OKLAHOMA ORDINANCE NIiMBER _ AN ORDINANCE PROVH)ING FOR CONSOLIDATION OF THE TULSA COUNTY SEWER IMPROVEMENT DISTRICT NO. 6 WITH THE CITY OF OWASSO, OKLAHOMA, DELINEATING TERMS AND CONDITIONS OF SUCH CONSOLIDATION AN DECLARING AN EFFECTIVE DATE w WHEREAS, under the provisions of 19 O.S. Section 898.1, a county sewer improvement district lying adjacent to a city may consolidate and become one municipal corporation with such city; P WHEREAS, Tulsa County Sewer Improvement District No. 6 has heretofore by a vote of the members thereof approved consolidation of Tulsa County Sewer improvement District No. 6 with the City of Owasso, Oklahoma; WIiEREAS, the City Council of the City of Owasso, Oklahoma, has heretofore approved consolidation of Tulsa County Sewer Improvement District No. 6 with the City of Owasso, Oklahoma; WHEREAS, under the provisions of 19 O.S. Section 898.2, the City Council of the City of Owasso, Oklahoma, may by ordinance consolidate such adjacent Tulsa County Sewer Improvement District No. 6 upon the terms and conditions so submitted; and, WHEREAS, the City Council of the City of Owasso, Oklahoma, by these presents, seeks consolidation of Tulsa County Sewer Improvement District No. 6 with the City of Owasso, Oklahoma, setting forth the terms and conditions thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Section One: Tulsa County Sewer Improvement District No. 6 is hereby consolidated with the City of Owasso, Oklahoma, upon such terms and conditions as are contained in that certain Agreement for Consolidation of Sewer Improvement District with City of Owasso and for Connection of Sanitary Sewer Systems to Existing Excess Capacity Sanitary Sewer System, a copy of such agreement attached hereto, made a part hereof and marked as Exhibit "A". Section Two: This ordinance shall become effective thirty (30) days from the date of first publication as provided by state law. DATED this day of ~4arch, 1998. ~ A ~ ~ i II C[TY OF OWASSO, OKLAHOMA By: Mary Lou Barnhouse, Mayor ~ ~ i~ ATTEST: Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney 2780-348.tcs ~ POLICE FIREARMS RANGE APRIL 14, 1998 PAGE 2 range, the architect will provide specifications for the dirt and drainage work which will be solicited from local construction companies. FUNDING: In September 1997, $12,000 was approved as a carryover from the FY 1996-97 budget to aid the funding of this project. These funds will be used to develop the range scope of work, design and written specifications for the construction portion of the range preparation. Any funds that remain would be coupled with the $28,526 remaining in the Capital Improvement Project (CIP) fund, in order to fund actual construction work. Although Imel &Graber did not submit the lowest bid, the employees working on the proposal believed that their experience in this type of project will provide for future cost savings to the City. Imel &Graber currently possess range designs, as well as the experience needed to complete this project in a timely and practiced manner. The completion of this project will occur in phases. Phase I (as described in this memorandum) will include the design, drainage and berm work. The purchase of the target system and the security fence is the next priority and is included within Phase II. Phase III consists of the combat target system, paved parking, a range tower and additional enhancements. Firearms training and semi-annual certification for the Owasso Police Officers may be conducted at the site as soon as Phase I is complete. Phase II and III will occur as donations and the budget process permit. RECOMMENDATION: The staff recommends Council approval of a contract with the firm of Imel &Graber to provide architectural services for the development of design specifications for the Owasso Police Department Firearms Range for an amount not to exceed $10,000. ATTACHIVIENTS: 1. Request for Proposal 2. Bid return documents i i ^I i ~ ~ REQUEST FOR PROPOSALS DESIGN OF FIREARMS RANGE AND RELATED TRAINING FACILITIES FOR THE CITY OF OWASSO POLICE DEPARTMENT The City of Owasso will accept proposals from qualified architectural firms pursuant to entering into a contractual agreement to provide services as detailed in the attached request. All proposals must be submitted in a sealed envelope and clearly marked in the lower left corner: "Sealed Proposal -Police Firearms Range". Proposals must be submitted to the Owasso City Clerk, 207 S Cedar, Owasso, OK 74055, and must be received no later than 3:00 p.m. on Wednesday, February 25i 1998. Proposals may be mailed or hand delivered. No proposal will be opened and reviewed until the specified time. It is the responsibility of the offerer to ensure that the proposal is received by the date and time specified above. Late submittals will not be considered. All costs associated with the preparation of a proposal in response to the RFP will be the responsibility of the offerer and will not be reimbursed by the City of Owasso. All proposals will be considered without regard to age, race, creed, color, sex, handicap or national origin. The offerer must include the affidavit on the following page as a part of the submittal. Questions regarding this RFP may be directed to Police Chief Maria Alexander at 918-272-4901, or Range Master Mark Cleveland at 918-272-2244, FAX 918-272-4900. ~ REQUEST FOR PROPOSALS ~~~ TO PROVIDE ARCHITECTURAL SERVICES !~ FOR THE DESIGN OF FIREARMS RANGE AND RELATED TRAINING FACILITIES ~~ FOR THE CITY OF OWASSO POLICE DEPARTMENT ~,, INTRODUCTION: ^ The City of Owasso is currently requesting proposals from qualified architectural firms to provide services related to designing the City of Owasso, Police firing range. The goal is to provide the Owasso Police Department with a comprehensive firearms training facility plan, implemented in several phases, that will support all areas of law enforcement training into the 21st century. The first phase of the facility will encompass the outer perimeter fencing, dirt berms, and drainage. The range design will meet NRA specifications for handgun, shotgun, and rifle training. SCOPE: ^ The architectural firm will design a firearms range along with completed working drawings for ,,~ the City of Owasso Police Department which will detail the dirt berms, fencing, and drainage needs and provide recommendations as to how the City of Owasso should proceed with implementation and construction. The architect will coordinate with the Police Department's designated personnel to develop a detailed recommendation. The architect will be required to address the following tasks as a minimum: 1. Design and prepare range drawings, including 20' tall berms, drainage, and perimeter fencing. 2. Provide budgetary cost estimates. The City of Owasso may elect to award additional work to the architect to assist with the detailed range design and construction of any modifications. In order for the City of Owasso to evaluate the architect's interest in, and capability to perform such services, the architect shall submit an optional proposal for the services outlined below. 1 1 1 .r ~ ' A. Detailed Design. Upon authorization of the City of Owasso, the architect will develop fully the project ' work plan and prepare a detailed facility design, including a final cost analysis for the proposal. The architect will develop the comprehensive specifications for the ~ construction. The architect will provide architectural services throughout the bid process, to include the conducting of a pre-bid meeting for interested construction companies. The architect will develop criteria for evaluation prior to bids being received by the City of Owasso and prepare written evaluations of all bids received based upon these criterion. An oral presentation may be required by the City of Owasso. B. Project Mana eg ment The architect will review the site plans and specifications and will prepare a detailed, ' time phased construction schedule. The architect will prepare and _execute the construction plan. The architect will provide all aspects of project management and w submit written status reports to the Police Chief or Range Master on each phase of the project. Additionally, the architect will keep all interested parties appraised fully of .progress to date, future milestones and target dates, anticipated problems, and recommended solutions and alternatives. r. PROPOSER'S RESPONSE: .. The following elements shall be included within prospective architect's proposals: ' 1. Project understanding. 2. Qualifications and experience in the architectural field. 3. References. Proposer shall include a list of clients, indicating ability to accomplish a project of this magnitude successfully and on schedule. 4. Schedule. Proposer shall include a schedule for the construction. The proposer shall also provide a preliminary schedule for the detailed design of the proposed range facility. ' It is recognized that the schedules will, of necessity, be very generalized and subject to change depending on final configuration. 5. Alternative Proposals. Proposers are free to propose any alternative strategies to these specifications. In doing so, they should point out the proposal's benefit to the City of Owasso. This does not relieve the proposer from responding to the requirements of this solicitation. The City of Owasso will provide survey of property and soil tests when required. 2 3R i AU'E. 4TH I AVEI. ~! Q D W U 5TF D O O PROPOSAL AFFIDAVIT On behalf of the Offerer, I, A. Blaine Imel , of lawful age, being sworn upon oath, certify that: A. I am authorized to submit this proposal and to contract on behalf of the Offerer. B. I or any member of my firm have not been paid, given, or donated or agreed to pay, give or donate to the City of Owasso, Owasso City Councilors, or any officer or employee of the City of Owasso, any money or other thing of value, including any special consideration, either directly or indirectly, in seeking to procure this contract for services. C. There has been no attempt by the Offerer to discourage any potential Offerer from submitting a proposal. D. I have read and understand all the information in the Request for Proposals. E. The Offerer will, if selected, perform the requirements of the contract for services in accordance with all applicable state and federal rules and regulations. Dated this 24th day of February 19 9s . Imel and Graber Architects ~` Name of -irn~' Signature of Representative A Blaine Imel, Partner '~ Printed Name & Title of Representative- Subscribed and sworn to before me this 24th day of February 19 98 L otary Public ~- My Commission Expires February 23, 2ooi _ ~r. - 0~-~~-98 09:34AN FROM IMEI, ~ GRABER ARCH F0 IM E1~ ARCHITECTS 2415 EAST SKELLY [aRIVE 101 TULSA, OKLAHOMA 74105-6006 Chief Maria Alexander Owasso Police Department Owasso, Ok Feb, 28, 1868 RE: Firearms Range Dear Chief: At your request we have reviewed the scope of the Firearms Range project as descrit~ed in the RFP and we would estimate the Architects fees not to exoeeci $10,000.00. Our hesitation in setting an-exact cost lies primarily in our concerns about the extent of Clvll Engineering work to be done. I hope this information will be of help to you. Sincerely, ~~ es E, Grater A. BLAINE IMEL AIA • PHONE: 747-8028 FAX: 747-1493 • JAMES E. GRABER AIA PROPOSAL AFFIDAVIT On behalf of the Offerer, I, Russell L. Magee AIA , of lawful age, being sworn upon oath, certify that: A. I am authorized to submit this proposal and to contract on behalf of the Offerer. B. I or any member of my firm have not been paid, given, or donated or agreed to pay, give or donate to the City of Owasso, Owasso Ciry Councilors, or any officer or employee of the City of Owasso, any money or other thing of value, including any special consideration, either directly or indirectly, in seeking to procure this contract for services. C. There has been no attempt by the Offerer to discourage any potential Offerer from submitting a proposal. D. I have read and understand all the information in the Request for Proposals. E. The Offerer will, if selected, perform the requirements of the contract for services in accordance with all applicable state and federal rules and regulations. Dated this 28th day of January 19 98 MAGEE ARCHITECTS Name of Firm --- - ~~~~~~ Signature of Representative Russell L. Magee Architect/owner Printed Name & Title of Representative Subscribed and sworn to before me this `~ day of 19_j~_. Notary Public My Commission Expires y1 lC(.~ ;, a--d' ~ ~~ ~ ~ FEBRUARY 25, 1998 CITY OF OWASSO, OKLAHOMA OWASSO POLICE DEPARTMENT INITIAL COST ESTIMATE AND PRELIMINARY DESIGN FOR THE FIREARMS RANGE AND RELATED TRAINING FACILITIES Baseed upon the initial quanities and scope of the work to be done we have initiated the following~Preliminary Cost Estimate: GRADING OF SITE ~ CONSTRUCT 20' berm est. 200,000 cu.yd @ 50/~ _ $100,000.00 600x600x5.5' ^ s . . i i i FENCING AND GATES - 1500ft of 8 foot high w/wire top and gates= 12,000.00 TARGETS ~ CONTROLS - est subject to spec. selected. 20,000.00 ~ __ _ - OPERATING BLDG/ RR, Conc.walls ~ roof, view windows 6 secur. locks 15,000.00 15x20 A.C. ~ Elect. Service. ----------- Architectural Services $147,000.00 total this phase/ 8,820.00 initial this phase prior to completion of contract docs. (1,600.00) The full Construction Documents with field controls by Civil Engineer will be completed under the Architectural Service and will be accomplished after a the P Il~im/ini~aries. Russell a E~;~1 `- 1302 N. Willow Dr. 231 Claremore, Ok. 74017-3639 9l.$ 343-8286 i~ ii PROPOSAL AFFIDAVIT On behalf of the Offerer, I, ~~ ~~ , of lawful age, being sworn upon oath, certify that: A. I am authorized to submit this proposal and to contract on behalf of the Offerer. B. I or any member of my firm have not been paid, given, or donated or agreed to pay, give or donate to the City of Owasso, Owasso City Councilors, or any officer or employee of the City of Owasso, any money or other thing of value, including any special consideration, either directly or indirectly, in seeking to procure this contract for services. C. There has been no attempt by the Offerer to discourage any potential Offerer from submitting a proposal. D. I have read and understand all the information in the Request for Proposals. E. The Offerer will, if selected, perform the requirements of the contract for services in accordance with all applicable state and federal rules and regulations. i~ Dated this ~ day of ~~ • , 19 Name of irm Signatur epres tative Printed Name & Title of Representative ~lR~ll~~ ' Subscribed and sworn to before me this day of ~~~~~ My Commission Exuires , r~ <~~{~ -~~ 19~. / ~ L' ~,f' t•`_ ,.:~~" RAY BYRON FROGGE JR. ~` ,; J~.- AND ASSOCIATES INC. ;~ ;~ is ~---.~-- ~1 ~ ~ ./ ~~' ~`' ARCHITECT A.I.A. ~• ~ •% F: ~ GI U E S ~~'~ ••, `~ •.',~:.. ~' ~. tf H I~- -:~~'~ E-f ~Ir T - U . _ R A L ~.~ f ' Q U p. ,L I F ,!~ C ,~i•~~~ I 0 NF S F',~H I TECTURAL SERt~ ~EE`S FOR -DES IHfV-.8F`~`T~EAR~°iS~ ~'aANGE AND = RELATED -= _=-:==_ ~ 'A Pfi~IAFEi~ F.~1C I L I 7' I E~': ,,3`~.%"~ - :~, .'~. -Y.. y .~ .. . tip` ' ~ ~ Rr -~•.. .• •`: % ••"'• A ~•/ ''/ ~..~: y .: 50 i/E SERV I CES•,HOURL ` FtFiT1= '----------- _ ;~ ,~'~~p. t~0 F'ER HR. ~ti~12 HR'. INCF~MEN~S~~-THAT.-WAY --YOU,.CAN- HIRE.;~7R,rR~-~:-. _____-__; y` _ _ _ OUR REQUES~~~ S U CLE Ft..A~Y'~TCf0 - COMF'L I CATED. ~ r' _. .. ... -/f ~ r.-. ,.'.... ,t THANk YOU,; ~ ' " ' -=- i ~, _ _ -a e ,.. .. __ _ `~ ~ I ~ ...... ...~~ 1 .... ,.~i' ' ~i,~-sue,, ~ ~ , ~.~~ Pv~r~- /51~-~z ~ -- - ' ~E ~ S~ BLS , yc . °-° ~ ~ ! ago . °-, ~~~. ' MEMORANDUM TO: FROM: SUBJECT: DATE: BACKGROUND: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO TIMOTHY ROONEY ASSISTANT CITY MANAGER AGREEMENT FOR EXCHANGE AND DEVELOPMENT OF REAL ESTATE WITH QUIK TRIP CORPORATION April 14, 1998 In March of 1997, Quik Trip Corporation initiated discussion with the City of Owasso regarding the possibilities of obtaining excess right-of--way in order to build a new Quik Trip facility at the northeast corner of E. 86th Street North and Garnett Road. A total of four parties would need to be in agreement in order for Quik Trip to obtain enough land in order to develop the proposed facility. Those entities are Quik Trip Corporation, a private land owner, The State of Oklahoma, and The City of Owasso. Currently, State of Oklahoma statutes prohibit the sale of excess right-of--way to private entities or corporations without a competitive bidding process. The State statutes do permit, however, the release of excess right-of-way to a municipal government in which it is located. The municipal government may then exchange, grant, or deed this newly acquired land in exchange for accompanying improvements, as provided for within the Charter of the City of Owasso through the adoption of the Special Non-Emergency Ordinance setting forth such land for transaction. The attached agreement would allow the City of Owasso to obtain excess right-of-way from the State of Oklahoma. Upon obtaining the excess right-of-way, the City of Owasso would then deed the acquired right-of-way to the Quik Trip Corporation in exchange for street and drainage improvements in the area. In order for Quik Trip to complete the agreed upon street and drainage improvements, Quik Trip will also exchange portions of their acquired land with land owned by Mr. DM Sokolosky. Specifically, the City of Owasso would receive the following street and drainage improvements: The realignment of the Service Road (Garnett Road) parallel to E. 86th Street North for approximately 300 feet and extending South from the West end of such 300'-long realignment to a perpendicular intersection with E. 86th Street North, including turn lanes in each direction and traffic signals at the intersection of Garnett Road and E. 86th Street North. While the improvements in this area will be limited to three lanes, the city has been successful in obtaining enough right-of-way for four lanes in the future. 2. The construction of street improvements on and along the North side E. 86th Street North, between the Exit Ramp and the New Intersection as shown in the plans and specifications. 3. Quik Trip will also construct a stormwater detention facility in compliance with the ordinances and regulations of the City of Owasso governing the construction of said improvements. The attached site map indicates the proposed location of the Quik Trip facility, as well as the agreed upon street and drainage improvements. A "conservative estimate" for the total value of the scheduled improvements is approximately $500,000. RECOMMENDATION: Staff recommends Council approval for the City of Owasso to enter into an Agreement with Quik Trip Corporation for the Exchange and Development of Real Estate, and authorizing the Mayor to sign appropriate documents. ATTACHMENTS: 1. Agreement for the Exchange and Development of Real Estate 2. Site Plan , .~ ' AGREEMENT FOR EXCHANGE AND DEVELOPMENT OF REAL ESTATE ~ THIS AGREEMENT FOR EXCHANGE AND DEVELOPMENT OF REAL ESTATE is entered into effective the date it is last executed, by and between the CITY OF OWASSO, OKLAHOMA (the "City"), a municipal corporation, and QUIKTRIP CORPORATION ("QuikTrip"), an Oklahoma corporation, of Tulsa, Oklahoma. Recitals The State of Oklahoma (the "State") is the owner of certain tracts or parcels of land along the North side of East 86th Street North ("86th Street") in Owasso, Oklahoma, West of the highway ' right-of--way of the Owasso Expressway which has been designated U.S. Highway 169 (the "Expressway"), which lands of the State include the right-of--way of such Expressway and a substantial amount of surplus land no longer required for highway purposes. Upon those lands there ' is situated a service road (the "Service Road") running generally parallel to the Expressway, which service road intersects 86th Street, East of the intersection of 86th Street with North Cedar Street ("Cedar Street") and West of the terminus of a Southbound exit ramp road (the "Exit Ramp") ' receiving and discharging vehicular traffic from such Expressway onto 86th Street. ~ Because of the locations of the Service Road and Exit Ramp along 86th Street, and the nearby location of the Cedar Street intersection, there exists a point of traffic congestion and potential traffic hazards due to the close proximity of such streets and roadways. The safety of the citizens of the City of Owasso and the general public would be significantly enhanced by the ~i realignment of the Service Road, and the reconfiguration of such intersections and the respective locations of such roadways, as well as by the improvement of such roadways themselves. Moreover, ' the City has determined that the management and control of flood- and stormwaters in the vicinity of 86th Street could be greatly enhanced by the construction and maintenance of a stormwater detention facility along 86th Street upon lands owned by the State. Accordingly, it is in the public ~ interest and in the best interests of the City of Owasso to reduce such traffic congestion and to eliminate such traffic hazards, and to enhance flood- and stormwater management and control, by reconfiguration of the traffic intersections along 86th Street in the vicinity of the Expressway and by securing the construction and maintenance of a stormwater detention facility in the same vicinity. QuikTrip is willing to construct (solely at its own expense) such street and roadway ' improvements benefiting the City of Owasso, as described above, as well as the construction (solely at QuikTrip's expense) of the stormwater detention facility determined by the City to be necessary, in exchange for the acquisition of certain lands in such area, some of which lands are owned by the State, in order to enable QuikTrip to construct and operate a convenience store (including the sale of gasoline). Accordingly, in order to improve the flow of traffic, eliminate potential traffic hazards, ' and obtain the construction and maintenance of a stormwater detention facility, the City and QuikTrip intend for the City to acquire certain tracts of land from the State and for the parties thereafter to exchange certain tracts of land with each other, all as set forth herein and in the ' instruments appended hereto as "Attachments." Agreement for Exchange and Development of Rea! Estate -continued NOW, THEREFORE, in consideration of their mutual covenants and agreements herein, which consideration is acknowledged by each of the parties hereto to be valuable and sufficient for all purposes, the parties agree as follows: __ 1. City to Obtain State Lands. As soon as practicable after the execution of this Agreement, the City shall proceed to obtain and acquire the title to the lands described in "Attachment 1-A" appended hereto (the "State Lands"). The transfer of title to the State Lands to the City is a condition precedent of the obligation of the parties to proceed to the closing and consummation of the transactions contemplated by this Agreement. In the event the City is unable to obtain and acquire such title to the State Lands on or before 5:00 p.m. on January 31, 2000, QuikTrip shall have the option to terminate this Agreement (in the exercise of which option the respective obligations of the parties hereunder shall be terminated and of no further force or effect), or at QuikTrip's option the parties may elect to continue to proceed with the transactions contemplated hereby, subject to the conditions set forth in Paragraph 2.B. below. 2. City's Exchange of Lands with QuikTrip. Within five (5) days after the City's acquisition of title to the State Lands, the City and QuikTrip agree to proceed with an exchange of real estate pursuant to the following terms and provisions: A. Exchange of Lands Between Parties. The City agrees to transfer to QuikTrip title to the surplus lands described in "Attachment 1-B" appended hereto (the "Surplus Lands"), in exchange for which QuikTrip agrees to cause the dedication to the public of the lands needed for the realignment of the Service Road as described in "Attachment 1-C" appended hereto (the "Realignment Lands"), subject to and in accordance with the terms and conditions of this Paragraph 2. B. Conditions. QuikTrip's obligations to proceed to the closing and consummation of the transactions contemplated hereby are expressly conditioned upon the following matters (each of which must be fully satisfied in QuikTrip's sole discretion not later than one hundred twenty-five [125] days following the City's acquisition of title to the State Lands): (1) Title-Marketable fee simple title to the State Lands being vested in the City, subject to no liens, encumbrances, defects, limitations, conditions or restrictions whatsoever; (2) Ordinance Authorizing Sale-The enactment by the City of the requisite Special Non-Emergency Ordinance authorizing the conveyance and transfer of the Surplus Lands to QuikTrip pursuant to the terms and provisions of this Agreement, and there being no ' Agreement for Exchange and Development of Real Estate -continued pending request for a referendum thereon nor any pending litigation challenging such Ordinance or the conveyance and transfers contemplated hereby; (3) Underground Storage Tanks-The removal by the City of any underground storage tanks discovered on the State Lands, solely at the City's cost or expense, in compliance with any federal, state or local regulations, together with any remedial clean-up required by any federal, state or local environmental agency in connection therewith; (4) Engineering Tests, Soil Tests and Surveys-The determination by QuikTrip that the grade and elevations of the State Lands, the soil conditions thereof, the development costs, and the levels of hydrocarbons or hazardous substances or chemicals, if any, within such State Lands are satisfactory (solely in QuikTrip's discretion); in that regard, the City will secure for QuikTrip and its agents, employees, independent contractors and representatives the right to enter upon the State Lands prior to the closing of the transactions contemplated hereby to survey and inspect such property, and to conduct soil borings, engineering tests, and other tests to determine the hydrocarbon and hazardous substance or chemical content of the soil and groundwater, as deemed appropriate by QuikTrip (QuikTrip and the City agree that they shall keep confidential all information, findings and data that are developed by such soil bearings and tests to determine the hydrocarbon and hazardous substance or chemical content of the soil and groundwater, and that the same will not be disclosed to any third party except as required by local, state and federal laws, rules and regulations.); (5) "Licenses and Permits-~uikTrip's obtaining appropriate zoning conditions (to its sole satisfaction) as well as any and all licenses, permits and authorities needed to construct and operate a retail convenience grocery store with self service motor fuel and beer and alcoholic beverages upon the lands described in "Attachment 1-D" appended hereto (the "Store Site"), all applications for which zoning, licenses, permits and authorities will be diligently pursued, solely at QuikTrip's cost or expense, and the City's cooperation with QuikTrip in obtaining all such zoning, licenses, permits and authorities as may be reasonably required by QuikTrip; Agreement for Exchange and Development of Real Estate -continued (6) Utilities-Standard utility connections for water, sanitary sewer and utility connections for water, sanitary sewer, natural gas and electricity being located in the public street or right of way, or other form of public easement, adjoining the Store Site and being available for the use of the Store Site and with sufficient capacity therefor without further cost to QuikTrip, except for the normal costs of extending utility lines and connecting such utilities (which normal costs shall be borne solely by QuikTrip); and (7) Dedication of Realignment Lands-The dedication in favor of the public, of the Realignment Lands for the purposes contemplated by this Agreement, subject otherwise to no liens, encumbrances, defects, limitations, conditions or restrictions whatsoever. (C) Closing. The closing shall take place within five (5) days after all of the following have occurred: (1) approval by QuikTrip of the City's title to the State Lands, and the enactment of the Ordinance authorizing the sale of the Surplus Lands (with no pending referendum request or litigation); (2) approval of the soil and groundwater tests by QuikTrip; (3) issuance to QuikTrip of all such permits, licenses and approvals required for QuikTrip's use of the Store Site (unless QuikTrip elects to close this transaction without first obtaining all such permits, licenses and approvals and so notifies the City). The parties acknowledge that, due to causes beyond their control, delays may occur in securing the items mentioned in clauses (1), (2) and (3) above, so that as a consequence it may be necessary to postpone the closing for whatever period of time is required for the completion of such matters. At the closing, the City shall deliver to QuikTrip a duly executed and acknowledged Deed, conveying the Surplus Lands to QuikTrip, and such other documents as shall be reasonably required at closing; at the same time, QuikTrip shall deliver to the City a duly executed and acknowledged dedication in favor of the public, for roadway and general utility purposes, of the Realignment Lands. Possession of all lands by the respective parties shall be transferred at the closing. 3. QuikTrip's Construction of Public Improvements. A. Street Improvements. Upon the closing and consummation of the transactions contemplated by the provisions of Paragraph 2 above, and in any event not later than ninety days following the closing described above in Paragraph 2, QuikTrip will proceed (solely at its own expense) to construct the following street improvements upon the City's lands: (a) The realignment of the Service Road parallel to 86th Street (within the Realignment Lands) for approximately 300 feet and extending South from the West end of such 300'-long realignment to a Agreement for Exchange and Development of Real Estate -continued perpendicular intersection with 86th Street (the "New Intersection") as shown in the plans and specifications appended hereto as "Attachment 2," including turn lanes and traffic signals at the intersection of such Road with 86th Street; and '_ (b) The construction of street improvements on and along the North side of 86th Street between the Exit Ramp and the New Intersection as shown in the plans and specifications appended hereto as ~ "Attachment 2." B. Stormwater Detention Facility. In addition, QuikTrip will thereupon, and within the same period of time, also proceed (solely at its own expense) to construct a stormwater ~ detention facility upon the lands described in "Attachment 1-E" appended hereto, as shown in the plans and specifications appended hereto as "Attachment 3." The City hereby grants unto QuikTrip ' the license and authority to construct such public improvements as described above upon the City's lands. The construction of such public improvements by QuikTrip shall be wholly in compliance with the ordinances and regulations of the City of Owasso governing the construction of such improvements. C. Option to Surrender Lands in Lieu of Improvements. Notwithstanding ' the foregoing provisions of this Paragraph 3, QuikTrip shall have the right. and option to elect not to proceed with the construction of the improvements described in this Paragraph 3, which must be exercised within ninety days following the closing described above in Paragraph 2, by executing a ' deed in favor of, and delivering the same to, the City, of the lands described in "Attachment 1-F" appended hereto (the "Surrender Lands"), together with all information, findings, data and reports developed by the soil bearings and tests described in Subparagraph 2.B.(3) above, whereupon this ' Agreement shall be terminated and of no further force or effect. ~ 4. Representations and Warranties. Each of the respective parties hereto represents and warrants to the other party that such party is duly authorized and empowered to enter into this Agreement and perform its obligations set forth herein, including the consummation of all of the transactions contemplated hereby and by the instruments appended hereto as "Attachments," and '~' that there are no limitations or restrictions upon or impediments to such party's entering into the agreements contemplated hereby and the consummation of such transactions. In particular, the City ' represents and warrants unto QuikTrip that any and all requisite elections and votes have been held or taken in order to authorize and permit the party executing this Agreement on behalf of the City ~ to do so, and the execution of this Agreement and the performance of the City's obligations hereunder shall not in any respect violate any laws, ordinances, rules or regulations to which the City may be subject or by which it may be bound. Agreement for Exchange and Development of Rea! Estate -continued 5. Notices. All notices required under this Agreement shall be deemed to be properly served or given if reduced to writing and sent by certified mail or personal delivery. The effective date of any such notice will be deemed to be the date on which such notice is delivered or attempted to be delivered as shown by the certified mail return receipt or a commercial delivery service record. All notices shall be addressed as follows, unless otherwise specified in writing: the City: The City of Owasso, Oklahoma ATTN: Mayor 207 South Cedar Owasso, OK 74055 with a copy to: Ronald D. Cates, Esq. Suite 680 525 South Main Mall Tulsa, OK 74103-4507 QuikTrip: QuikTrip Corporation ATTN: President 901 North Mingo Road, Tulsa, OK 74116 [orJ P.O. Box 3475, Tulsa, OK 74101 with copies to: Stephen A. Schuller, Esq. Suite 1024 320 South Boston Avenue Tulsa, OK 74103-3703 [andJ Richard E. Wright III, Esq. Suite 760 2021 South Lewis Avenue Tulsa, OK 74104 6. Binding Effect. This Agreement shall be executed and, when executed by all of the parties, shall be binding upon and inure to the benefit of the respective parties and their heirs, successors and assigns. 7. Entirety and Counterparts. This Agreement, and the instruments appended hereto as "Attachments," collectively set forth the complete understanding of each of the parties hereto and supersede all previous negotiations, representations and agreements between or among them and their agents and representatives. This Agreement may be executed in any number of counterparts which together shall represent the agreement of the parties. 1 Agreement for Exchange and Development of Real Estate - continteed The parties have executed this Agreement at Owasso, in Tulsa County, Oklahoma as of the dates set forth below their respective signatures. By: CITY OF OWASSO, OKLAHOMA Mayor Date executed: Dateexecuted:,~~ ~ ~Y~ Agreement for Exchange and Development of Real Estate -continued Attachment 1-A Description of State Lands r ~ A tract of land lying in the Southeast Quarter of the Southeast Quarter (SE/4 SE/4) of Section "~ Nineteen (19), Township Twenty-one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, being a part of the Oklahoma State Highway ~, Department right of way and being further described as follows, to-wit: Beginning at the Southeast corner of Lot Three (3), Block Nine (9), ATOR HEIGHTS THIRD ADDITION, Tulsa County, Oklahoma, according to the recorded Plat thereof, thence North 42°20'23" East and along the Easterly line of said Lot 3 for a distance of 270.06 feet (Plat No. 3309 calls for the bearing to be North 42°41'30" East), thence North 82 ° 11'00" East for a distance of 294.70 feet to the Southeast corner of Lot Two (2), Block Nine (9), ATOR HEIGHTS THIlZD ADDITION, thence North 24°36'33" East and along the Easterly line of said Lot 2 for a distance of 17.71 feet, thence South 00°00'00" West for a distance of 24.22 feet, thence South 89°52'49" East for a distance of 170.00 feet, thence South 19 ° 29' 16" West for a distance of 195.30 feet, thence South 48°40'45" West for a distance of 73.03 feet to a point that is 50.00 feet North of the South line of said SE/4 SE/4, thence North 89°52'49" West for a distance of 531.23 feet to the Point of Beginning, and containing 113,429.22 square feet (or approximately 2.6 acres). ^ ^I ~ i ' Agreement for Exchange and Development of Real Estate -continued Attachment 1-B Description of Surplus Lands A triangular piece of land lying in the Southeast Quarter of the Southeast Quarter (SE/4 SE/4) of Section Nineteen (19), Township Twenty-one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, being a part of the Oklahoma State Highway Department right of way and being further described as follows, to-wit: Beginning at the Southeast corner of Lot Three (3), Block Nine (9), ATOR HEIGHTS THIRD ADDITION, Tulsa County, Oklahoma, according to the recorded Plat thereof, thence North 42°20'23" East and along the Easterly line of said Lot 3 for a distance of 240.37 feet (Plat No. 3309 calls for the bearing to be North 42°41'30" East), thence South 00°00'06" East for a distance of 178.01 feet to a point that is 50.00 feet North of the South line of said SE/4 SE/4, thence North 89°52'49" West for a distance of 161.90 feet to the Point of Beginning, and containing 14,409.87 square feet; A tract of land lying in the Southeast Quarter of the Southeast Quarter (SE/4 SE/4) of Section Nineteen (19), Township Twenty-one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, being a part of the Oklahoma State Highway Department right of way and being further described as follows, to-wit: Commencing at the Southeast corner of Lot Three (3), Block Nine (9), ATOR HEIGHTS THIRD ADDITION, Tulsa County, Oklahoma, according to the recorded Plat thereof, thence South 89°52'49" East for a distance of 211.90 feet to the Point of Beginning; thence North 00°00'06" West for a distance of 192.58 feet, thence North 48°25'57" East for a distance of 20.69 feet, thence North 82° 11'00" East for a distance of 190.06 feet, thence South 89 ° 52'49" East for a distance of 65.57 feet, thence South 00 ° 00'00" West for a distance of 232.58 feet to a point that is 50.00 feet North of the South line of said SE/4 SE/4, thence North 89 ° 52'49" West for a distance of 269.33 feet to the Point of Beginning, and containing 59,660.71 square feet. 9 Agreement for Exchange and Development of Real Estate -continued ^ Attachment 1-C Description of Realignment Lands A tract of land being a part of Block Nine (9), ATOR HEIGHTS THIl2D ADDITION, a subdivision situated in a portion of the East Half of the Southeast Quarter (E/2 SE/4) of Section Nineteen (19), Township Twenty-one (21) North, Range Fourteen (14) East in the City of Owasso, Tulsa County, State of Oklahoma, AND a parcel of land lying adjacent to Block 9 on the Westerly side and being further described as follows, to-wit: Beginning at the Southwest corner of Lot Two (2), Block Nine (9), ATOR HEIGHTS THIRD ADDITION, thence South 42°20'23" West and along the Easterly line of Lot Three (3), Block (9), ATOR HEIGHTS THIlZD ADDITION, for a distance of 29.69 feet (Plat No. 3309 calls for the bearing to be South 42°41'30" West), thence North 00°00'06" West for a distance of 21.99 feet to a point on a curve, thence along a curve to the left with a radius of 30.00 feet and a central angle of 90°07'17" for a distance of 47.19 feet, thence North 00°00'06" West for a distance of 10.00 feet, thence South 89°52'49" East for a distance of 50.00 feet, thence North 00 ° 00'06" West for a distance of 43.79 feet, thence South 89 ° 52'49" East for a distance of 311.69 feet to a point on the Easterly line of said Lot 2, thence South 24°36'33" West and along said Easterly line for a distance of 47.36 feet to the Southeast corner of said Lot 2, thence South 82 ° 11'00" West and along the Southerly line of said Lot 2 for a distance of 58.74 feet, thence North 89°52'49" West and parallel with the South line of said E/2 SE/4 for a distance of 158.76 feet, thence South 48°25'57" West for a distance of 39.45 feet; thence South 82° 11'00" West for a distance of 45.90 feet to the Point of Beginning, and containing 18,379.57 square feet. io ^ ^~ ^I ~ ~ i ~ ~ ~ ~ i~ I Agreement for Exchange and Development oJReal Estate -continued Attachment 1-D Description of Store Site A tract of land lying in the Southeast Quarter of the Southeast Quarter (SE/4 SE/4) of Section Nineteen (19), Township Twenty-one (21) North, Range Fourteen (14) East of the Indian Base and ' Meridian, Tulsa County, State of Oklahoma, being a part of the Oklahoma State Highway Department right of way and being further described as follows, to-wit: Commencing at the Southeast corner of Lot Three (3), Block Nine (9), ATOR HEIGHTS THIIZD ADDITION, thence South 89 ° 52'49" East for a distance of 211.90 feet to the Point ' of Beginning; thence North 00°00'06" West for a distance of 192.58 feet, thence North 48°25'57" East for a distance of 20.69 feet, thence North 82° 11'00" East for a distance of 190.06 feet, thence South 89 ° 52'49" East for a distance of 65.57 feet, thence South ' 00°00'00" West for a distance of 232.58 feet to a point that is 50.00 feet North of the South line of said SE/4 SE/4, thence North 89°52'49" West for a distance of 269.33 feet to the Point of Beginning and containing 59,660.71 square feet; AND ' A triangular piece of land being a part of Lot Two (2), Block Nine (9), ATOR HEIGHTS THIRD ADDITION, a subdivision situated in a portion of the East Half of the Southeast Quarter of (E/2 SE/4) of Section Nineteen (19), Township Twenty-one (21) North, Range Fourteen (14) East in the ' City of Owasso, Tulsa County, State of Oklahoma and being further described as follows, to-wit: ^ Commencing at the Southwest corner of said Lot 2, thence North 82 ° 11'00" East and along the Southerly line of said Lot 2 for a distance of 45.90 feet to the Point of Beginning; thence North 48°25'57" East for a distance of 39.45 feet, thence South 89°52'49" East for a distance of 158.76 feet, thence South 82° 11'00" West for a distance of 190.06 feet to the Point of .. Beginning and containing 2,082.94 square feet. 11 Agreement for Exchange and Development of Rea! Estate -continued Attachment 1-E Description of Location of Stormwater Detention Facility A tract of land lying in the Southeast Quarter of the Southeast Quarter (SE/4 SE/4) of Section Nineteen (19), Township Twenty-one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, being a part of the Oklahoma State Highway Department right of way and being further described as follows, to-wit: Commencing at the Southeast corner of Lot Three (3), Block Nine (9), ATOR HEIGHTS ~ THIRD ADDITION, Tulsa County, Oklahoma, according to the recorded Plat thereof, thence South 89°52'49" East for a distance of 481.23 feet to the Point of Beginning; thence ' North 00 ° 00'00" East for a distance of 232.5 8 feet, thence South 89 ° 52'49" East for a distance of 170.00 feet, thence South 19°29'16" West for a distance of 195.30 feet, thence ~ South 48°40'45" West for a distance of 73.03 feet to a point that is 50.00 feet North of the South line of said SE/4 SE/4, thence North 89°52'49" West for a distance of 50.00 feet to the Point of Beginning and containing 29,061.98 square feet. ~z 1 1 1 1 1 i~ Agreement Jor Exchange and Deve/opn:ent oJReal Estate -continued Attachment 1-F Description of Surrender Lands A tract of land lying in the Southeast Quarter of the Southeast Quarter (SE/4 SE/4) of Section Nineteen (19), Township Twenty-one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, being a part of the Oklahoma State Highway ~ Department right of way and being further described as follows, to-wit: Commencing at the Southeast corner of Lot Three (3); Block Nine (9), ATOR HEIGHTS THIRD ADDITION, Tulsa County, Oklahoma, according to the recorded Plat thereof, thence South 89°52'49" East for a distance of 211.90 feet to the Point of Beginning; thence North 00°00'06" West for a distance of 192.58 feet, thence North 48°25'57" East for a ' distance of 20.69 feet, thence North 82 ° 11'00" East for a distance of 190.06 feet, thence South 89°52'49" East for a distance of 65.57 feet, thence South 00°00'00" West for a distance of 232.58 feet to a point that is 50.00 feet North of the South line of said SE/4 SE/4, thence North 89°52'49" West for a distance of 269.33 feet to the Point of Beginning and containing 59,660.71 square feet. 13 Agreement for Exchange and Development of Real Estate -continued Attachment 2 Plans and Specifications for Service Road and Street Improvements - and - Attachment 3 Plans and Specifications for Stormwater Detention Facility A site plan for the proposed Service Road and Street Improvements, and the Stormwater Detention Facility, follows this page, showing the location of such improvements and the surrounding areas. Detailed and specific Plans and Specifications will be appended to this document at a later date, only after they have been fully prepared and drafted by QuikTrip and reviewed and approved by the City (and all of the City's cognizant agencies and departments). cros-fnQrszow~o.n~~~c 14 i C 1 i 1 1 ~,, ~~~v~n-~ L.,~ ~a.-n~.~~~? ~2 ~ ~ ~ _~o ~1 ~ ~ ~,~ J~ xis ~ l ~ ~ ~v 3 ~ r ~ } ~ _ ~~. `~~a; r~c,~;~.i: ~~'~:.L-~~r-,- D~Lw.a`F,F~~r ~^u-;-- L.S. 2. ~Qi~OGGTil~,nS --~ u ~ J U~G J ~.i r.. C . ~~~ ~ 1 ~ Own n~ a~" $~~h ~'~13'ca; ~ ~ 25 b_' x, ~b~ L ~ C.Q . _~~<i ~+1~~CSk'~4-,~Cs ~ Z'~n~p;,/S~i ~..5~ _L S ._ _ -`-- ~ ~~>> P' P~ Q,~-~'iti~ s i ~ W~ 2 ~~,~; mn bocci-s 2~~ x~jC.z~ ~-~IU~O= _ ~ ) i b , ~y~"ci~~;~v~ ~ ~b~Y-,k~-,~; ?- 2~~~~~ ~ ~~1~~ C~ C~~o~idr~ rn-->~rol ~~~~~ k~~~~ so~~ ~~~~~- ~ ~ ~~, ~-- ~~~ . "~. 2~ 5 ~ -~~ ~ 3 i 4~;~, ~ ) S ©~ 2 L~ so a SCE, ~UG~ ~ z, %~ BOG ~ ~,~~ e ~~sdc~ ~ .2~ 5~ a _ _ s b, G~G~ -- ~'3,a ~ 3 o av~ ~ _ = 6l~ ~o _ ~}~~~ 6 ~o~ ~~~ ~~~ _ _ _ .~. _-~~~,n~C~.LG~i ~~_ ---------_ --- --- ---- - ------ ------- ~ ~ ~ .~ - _ ~- - - ~ ~ ~ _. ..- ----- - -- - J _ a I~i'~.~ , °~~~ S~.~yhU:~- iris ~'G'2~~~ ~~. - - ~ MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO ^ FROM: TIMOTHY ROONEY COMMiJNITY DEVELOPMENT DIRECTOR t SUBJECT: REZONING CASE OZ-98-08 DATE: April 15, 1998 BACKGROUND: The Owasso Planning Commission held a public hearing on April 14, 1998 to review a rezoning request from AG (Agriculture) to RS-3 (Residential Single-Family High Density) for property containing approximately .58 acres located immediately north of 704 N. Carlsbad. A legal description of the subject property is contained within the complete staff report which is attached for your information and review. The applicants are requesting the rezoning to RS-3 in order to allow for single-family residential development. The subject property is abutted by RS-3 zoning to the south, and a Planned Unit Development to the west with an underlying zoning of RS-3. The subject property is bordered to the north by property located in Tulsa County zoned AG, but also developed as a single- family residence. Staff views the request as a logical extension of the zoning pattern found in the area. Notices of the rezoning request were mailed to property owners within 300 feet of the subject property and legal notice was published in the Owasso Reporter. The subject property was also posted the week of March 16, 1998. One nearby property owner attended the Planning Commission meeting and voiced concerns regarding drainage in the area. If the Council approves the rezoning request, an ordinance will be presented at the May 5, 1998 meeting to formally adopt the actions of the Council. The Planning Commission unanimously approved the rezoning request from AG (Agriculture) to RS-3 (Residential Single-Family High Density). RECOMMENDATION: Staff recommends approval of the rezoning request from AG to RS-3. ATTACHMENTS: OZ-98-08 Staff Report CITY OF OWASSO Planning Department OZ-98-08 Staff Report Timothy D. Rooney -Community Development Director BACKGROUND ~~ ** APPLICANT AND STATUS OF APPLICANT: Rick Kramer, applicant and owner. REQUESTED ACTION AND PURPOSE: A request to rezone the subject property from AG (Agriculture) to RS-3 (Residential Single-Family High Density) in order to allow for ~ residential development. «,. LOCATION AND SIZE: The subject property is described as a portion of the Southeast Quarter of the Northwest Quarter of Section 30, T21N, R14E and totals .58 acres, more or less. The subject property is located directly north of 704 N. Carlsbad. EXISTING LAND USE: The subject property is currently undeveloped. SURROUNDING LAND USE: The subject property is abutted on the north by property located outside of the Ciry Limits zoned AG (Agriculture) that is developed with asingle- family residence, while farther north lies the Village at Southern Links, zoned Planned unit Development (underlying zoning of RS-3). The subject property is bordered to the east by property located outside of the City Limits also zoned AG, while farther east lies residential development that fronts onto Atlanta Street zoned RS-3. The subject property is bordered on the south by residential property within the City Limits zoned RS-3. The subject property is bordered on the west by property located within the Bailey Golf Ranch PUD. Recently, the subject property was annexed by the City Council as a result of correcting a previous annexation request. APPLICABLE REGULATIONS: The Zoning Code for the Ciry of Owasso, Chapter 15 "Amendments" and Chapter 4 "Residential Land Uses" . SITE INFORMATION: No unusual development hardships are noted. ANALYSIS The applicants are requesting a rezoning of a parcel of land totalling .58 acres in area from AG (Agriculture) to RS-3 (Residential Single-Family High Density) in order to allow for ,~ single-family residential development. The subject property was recently annexed by the City of Owasso with an accompanying AG zoning. i Staff Report OZ-98-08 Page 2 of 2 A rezoning of the subject property to RS-3 would allow for the applicant to develop the subject property in a residential nature, possibly even tying in the residential lots to be created into the Southern Links residential development immediately to the west. When reviewing the request, it would appear consistent and harmonious with surrounding development as well as proposed development. A majority of the nearby property has developed, or will be developed, under the RS-3 property development standards. In short, the request is a logical extension of existing zoning patterns in the area and staff has no identified concerns with the request. Notices were mailed to surrounding property owners on March 16, 1998 and the legal advertisement was published in the Owasso Reporter on March 19, 1998. A copy of both have been attached for your information and review. Additionally, the subject property was posted the week of March 16, 1998. No calls requesting information regarding the request have been received by the Community Development Department, and no written comments opposing the request were received. RECOM1VVl~NDATION Staff recommends approval of the rezoning request from AG (Agriculture) to R5-3 (Residential Single-Family High Density). ATTAC1FIlViENTS ' 1. Location Map. 2. Letters sent to property owners within 300 feet of the zoning request. ~ 3. Legal ad from the Owasso Reporter. 4. OZ-98-08 Application r'. 1 c. :: ;. ~;: 1 ~~'~~ ATOR ELEM. ( OUT a . AG is OWASSO JR. HIGH ,,, ~ RS 3 ::--~_ , $ - ,~ z ~ _ I R 57. H R~'h - ~rla~~ RS-3 PUD-9 '_~-7 ~ RAYOLA PARK IIII ~ SOCTN STREET. a S V D~C 1' ~ REC. PROP.~RTY - ~ ~r G Y LIMITS STTKET CG RM-I F~7 ~ i ~ . ~ ~ ~~ ~ ~ 1711EEL A G ~~ BARNES ELEM. I rxsr L CH ~ G i II V, 4 u~~ iiii 207 South Cedar PO Box 180 Owasso, OK 74055 City of Owasso NOTICE TO PROPERTY OWNER OZ-98-08 (918) 272-2251 FAX (918) 272-4999 ' Notice is hereby given that a public hearing will be held before the Owasso Planning Commission in the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 7:00 PM on the 14th day of April, 1998. At that time and place, the Owasso Planning ' Commission will consider a request from Rick Kramer, applicant and owner, for a proposed change of the zoning classification from AG (Agriculture) District to RS-3 (Residential Single Family) District, which would allow for residential development. The subject property is described as follows: BEGINNING AT A POINT 985 FEET NORTH AND 422.6 FEET WEST OF THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, OKLAHOMA, THENCE WEST 169.14 FEET, THENCE NORTH 150 FEET, THENCE EAST 169.14 FEET, THENCE SOUTH 150 FEET TO THE POINT OF BEGINNING, HALE ADDITION TO OWASSO, OKLAHOMA. The general location of the property is north of 704 Carlsbad. As an abutting or nearby property owner, you are being notified so that you may be able to express your views or concerns regarding this request. If you are unable to attend this meeting, please forward any comments you may have in writing to the Owasso Community Development Director, PO Box 180, Owasso, OK 74055. These comments will be presented to the Planning Commission members at the scheduled public hearing by Planning Staff. A map showing the subject area is attached for your review. Additional information regarding this request may be inspected in the office of the Community Development Director, 207 South Cedar, Owasso, Oklahoma, or by calling 272-2251. This is your only personal notification of this request. Dated at Owasso, Oklahoma, this 16th day of March, 1998. Sincerely, _~ Timothy D. o ney Assistant Ciry anager NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA APPLICATION: OZ-98-08 Notice is hereby given that a public hearing will be held before the Owasso Planning Commission, in the Owasso Community Center, Owasso, Oklahoma, at 7:00 P. M. on the 14th day of April, 1998. At that time and place, consideration will be given to the proposed change of the zoning classification of the following described property: BEGINNING AT A POINT 985 FEET NORTH AND 422.6 FEET WEST OF THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, OKLAHOMA, THENCE WEST 169.14 FEET, THENCE NORTH 150 FEET, THENCE EAST 169.14 FEET, THENCE SOUTH 150 FEET TO THE POINT OF BEGINNING, HALE ADDITION TO OWASSO, OKLAHOMA. The general location of the property is north of 704 Carlsbad. To be considered is a rezoning from AG (Agriculture) to RS-3 (Residential Single-Family High Density). All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. In the event that such proposed rezoning is approved, in whole or in part, by the Owasso Planning Commission, said Planning Commission shall submit its recommendation to the Ciry Council of the City of Owasso for its consideration and action, as provided by law. The City Council's review of the recommendation of the Planning Commission on the proposed rezoning shall be at a meeting time and place to be determined by the Council, said information to be available from the Owasso Community Development Director. A map showing the proposed rezoning accompanies this notice. For more information on the proposed rezoning contact the Owasso Community Development Department, Ciry Hall, 207 S. Cedar, Owasso, Oklahoma 74055, or phone (918) 272-2251. Dated at Owasso, Oklahoma, this 16th day of March, 1998. Timothy D. Rooney Assistant City Manager i( FEE ~CHEDULF CITY OF OWASSO 0- .99 acres $ 75 1- 4.99,acres 100 APPLICATION FOR REZONING OZ- ~~ - 5-19.99 acres 150 20 acres & above 200 General Location: North west Carlsbad between 4704-710 house numbers. Present Zoninq• Agriculture Present Use• none Proposed Zoning: R S 3 Proposed Use: To build a home. Legal Description of Tract under Application: (If by metes and bounds, attach plat of survey) Beginning at a point 985 feet north and 422.6 feet west of the southeast corner of the southeast quarter of the northwest quarter of section 30, township Z1 north, range 14 east of the Indian base and meridian, Tulsa County, Oklahoma, thence west 169.14 feet, thence north 150 feet, thence east 169.14 feet, thence south 150 feet to the point of beginning, Hale Addition to Owasso, Oklahoma. If applicant is other than owner, please indicate interest: (purchaser, lessee, agent fior, other) Bill advertising and sign charges to: 408 N. Carlsbad Owasso, OK 74055 (address) Richard R. Kramer (name) (918) 272-4688 (phone) I do hereby certify that the information herein submitted is complete, true and accurate. Signed: Address• 408 N. Carlsbad Owasso, OK 74055 ^ Phone: (918 2-4688 APPLICANT - DO NOT WRITE BELOW THIS LINE Date Received: Fee Receipt No.: OPC Recom®endation: Date: Vote: Twp. City Council Action: Date: Vote: Rg. Staffi Recommendation: Ordinance No. Sec. ' MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWAS50 FROM: TIMOTHY ROONEY ASSISTANT CITY MANAGER SUBJECT: FINAL PLAT OWA5S0 GOLF AND ATHLETIC CLUB DATE: April 15, 1998 BACKGROUND The Ciry of Owasso has received a request to review a final plat from Lindsey Management for their proposed development titled Owasso Golf and Athletic Club. Owasso Golf and Athletic Club is located within Section 28 and is bounded by N. 129th E. Avenue, N. 145th E. Avenue, E. 76th Street North and E. 86th Street North and totals 248.45 acres, more or less. The subject property was recently rezoned as a Planned Unit Development in January by the Planning Commission, with an underlying zoning of RM-1 (Residential Multi-Family Low Density) and OM (Office Medium). The preliminary plat for Owasso Golf and Athletic Club was approved by the Owasso Planning Commission at the February regular meeting. ~ The Technical Advisory Committee reviewed the final plat at their March 25, 1998 regular meeting. At that meeting, the utility companies were afforded the opportunity to provide ' comments regarding the final plat. No comments and/or corrections to the final plat were submitted by the utility companies. Please understand that the lack of comments from the utility companies is in large part due to the "blanket" easement granted to the utility companies. As was presented during the preliminary plat review process, the applicants explained that their past history when providing all required easements prior to construction often times results in easement vacations and additional easements being required in order to address complications ~ that arise during construction. What the applicants proposed, and the utility companies agreed to, was a blanket easement over the entire area of the plat for utility construction purposes. This ~ allows for the placement of utility lines within ~ area that is necessary to service every proposed structure. Upon completion of a phase of construction, the utility easements would then be filed by separate instrument for the exact location that the lines are located. This prevents the platting of unneeded or unusable easements and results in easements only being ~ recorded where utilities are actually located. Staff had the following recommended changes and/or corrections to the final plat: 1. Change "8th" Street to "86th" Street. 2. Add a 50' setback line along N. 129th E. Avenue. 3. Location of the pump for the detention ponds needs to be provided. No additional comments and/or corrections were suggested. A condition of approval of the Planned Unit Development required the realignment of the access drive opposite the Eighth Grade Center in order to facilitate traffic flow, if possible. Review and inspection of field conditions indicate this would be an expensive proposal due to existing drainage patterns in the area. Please be advised that the alignments will not be able to match up (centerline to centerline) as desired. The applicant has pledged that all steps will be taken to insure the smooth flow of traffic in the area, including signalization if necessary. An additional condition of approval of the Planned Unit Development required the applicant to provide access to additional "private" property in order to prevent the private property from becoming land-locked. While the final plat contained with your packet does not include the necessary access easement to the private property, the applicant is aware of this requirement and the Planning Commission required it as a condition of approval during their review process. As is customary with final plats, acceleration/deceleration lanes are also required along the arterial streets, as well as sidewalks. The City of Owasso is currently in the process of exploring unique opportunities for the improvement of E. 86th Street North, from N. 129th E. Avenue to N. 145th E. Avenue. The developer may be asked to place the construction costs of these lanes along E. 86th Street North into an escrow account or letter of credit rather than constructing these improvements at this time. If the city is unable to address the widening of E. 86th Street North in a cooperative manner, the developer will be required to make those acceleration/deceleration lane improvements. Additionally, while it is customary for all plats to have approved construction plans and permits to construct water and sanitary sewer improvements prior to Council action, staff is proposing a waiver of this requirement for this project. The primary reason for this request is due to the efforts currently underway between the private and public sector to provide sanitary sewer improvements to this area of the community, thus avoiding several lift stations. The Planning Commission unanimously approved the final plat at the April 14, 1998 regular meeting. RECOMMENDATION Staff recommends Council approval of the final plat for Owasso Golf and Athletic Club with the condition that an access easement be provided to the private property north of Graceland Acres, as is required by the PUD. ATTAC)FIl~IENTS/ENCLOSURES 1. Location map 2. Final plat for Owasso Golf and Athletic Club ~ '~ 1 1 1 1 a w p _, ~~ TAE ~-REENS ~ ~ ~ ~ OWASSO ,A-.T ~OWA.SS O ~ ~ ~ o,,,w, ~ ,~ ~ ~ ~ ~ ~ GOLF & ' AT ETI ~~ ~~~..~ ~ ~, ~~ ~ ~ ., u pi ,, ! ~ CLUB t- ~-iW f'At6i~•MOR7~! R I .'~ I .' ' ~ QLl 1 1 ~CRIW. O6~lQ I ~ ~.~~ni • • ' ~._.~. ----f _! i . .- xm~ ~ ~ !~ ~ t~.~ ~ . ~ ~- , ~ ~• ~ ~ "'°'°" 1 '~ ~ f:. ~ ~ ~~ ~~ I ~ ~I ~ "T~i_'T'~`i~ -~~~-~~ ~7~A / ' I , 1 :~~r- _ ~ _ ._._. •• 1 • ~ P~OPOS~D .~.: ~ b . zO~avG • ~ ~ ~ ~ ~ 14 MEMORANDUM ' TO: FROM: ' SUBJECT: DATE: BACKGROUND THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO TIMOTHY ROONEY ASSISTANT CITY MANAGER THE FAIRWAYS IV AT BAII.EY RANCH FINAL PLAT April 15, 1998 The Ciry of Owasso has received a request to review the final plat for The Fairways IV at Bailey ' Ranch, an addition to the City of Owasso. The Fairways IV at Bailey Ranch is located immediately north of The Fairways II at Bailey Ranch, and is best described as a continuation of the residential development surrounding the northern portion of the golf course (that area between E. 86th Street North and E. 96th Street North). The Fairways IV at Bailey Ranch consists of 69 lots on 23.7 acres, more or less. The entire subject property is zoned PUD (Planned Unit Development) and allows for several different size residential lots. No commercial, office, ormulti-family development is included within this final plat area. A location map is attached for your information and review, as well as copies of the final plats for Fairways I and II. The preliminary plat for The Fairways IV at Bailey Ranch was approved by the Planning Commission at the July 1997 regular Planning Commission meeting. The Owasso Technical Advisory Committee reviewed the final plat for Fairways IV at their March 25, 1998 regular meeting. At that meeting, the area utility companies were present to comment on the final plat. The comments on the Fairways IV plat were limited to the following: 1. 5' utility easements to be added to the following lots: West side of Lot 11, Block 3 East side of Lot 12, Block 3 West side of Lot 15, Block 3 East side of Lot 14, Block 3 East side of Lot 18, Block 3 West side of Lot 11, Block 2 East side of Lot 16, Block 1 West side of Lot 15, Block 1 West side of Lot 1, Block 4 West side of Lot 7, Block 2 North side of Lot 2, Block 2 Staff Report Final Plat -Fairways IV Page 2 of 3 2. Change the following U/E to D/E & U/E: East side of Lot 10, Block 3 South side of Lot 10, Block 1 3. Add 17.5' Utility Easements to the following: West side of Lots 1, 2, and 3, Block 5 West side of Lot 1, Block 4 North side of Lot 1, Block 3 South side of Lots 14 and 15, Block 3 West side of Lots 1, 2, and 3, Block 2 East side of Lots 10 and 11, Block 6 North side of Lots 3 and 4, Block 1 4. Add 10' Utility Easements to the following: The front lot lines of Lots 3 thru 11, Block 6 The front lot lines of Lots 1 thru 13, Block 1 The front lot lines of Lots 17 thru 20, Block 1 The front lot lines of Lots 1 thru 13, Block 2 The front lot lines of Lots 10 thru 13, Block 3 The front lot lines of Lots 4 thru 7, Block 3 The north lot line of Lot 1, Block 4 5. File the following Utility Easements by Sepazate Instrument: 5' u/e west of Lot 1, Block 4 17.5' u/e from the Lot 11, Block 6 to Lot 1, Block 1 (rear) 10' u/e from Lot 11, Block 6 to Lot 1, Block 1 (front) 15' u/e from Lot 1, Block 4 to Lot 1, Block 3 (front) Staff comments regarding the final plat were limited to an addressing correction provided for Lot 1, Block 5, as well as comments regazding the "flag" lots located in Blocks 1 and 6. While these types of lots are generally not encouraged in residential platting, lots of a similar layout were contained in Fairways I and II and were also included in the conceptual layout and plan as a portion of the Golf Course Planned Unit Development. While the Planning Commission has not expressed concern regarding this type of lot layout, concern was expressed at the Council level when Fairways II was reviewed. Once again I have advised the applicant, Mr. Kourtis, that he should be prepared to discuss these lots at the Council level, should you have any concerns. Acceleration/Deceleration lanes are required along the entrance to this addition off of E. 96th Street North, as well as sidewalks. Street and Storm Sewer Construction Plans have been approved, while permits to construct the Water and Sanitary Sewer have been received from the State Health Department and are attached for your information and review. Staff Report Final Plat -Fairways IV Page 3 of 3 A copy of the Fairways IV plat is enclosed. The Deed of Dedication is provided on the enclosed plat. Covenants, while usually provided by the developer on the plat, are not required to be submitted as this is a private agreement between the developer and the purchasers of the lots within the addition. The applicant has indicated that the covenants will be similar to those found within Fairways I and II. The Owasso Planning Commission unanimously approved the final plat for Fairways IV at their April 14, 1998 regular meeting. RECOMMENDATION Having had all items from the TAC meeting addressed, staff recommends approval of the final plat for The Fairways IV at Bailey Ranch. ATTACI~~NTS 1. Location map 2. Fairways I plat 3. Fairways II plat 4. Permits to Construct Water and Sanitary Sewer Improvements ENCLOSURE 1. Final plat for The Fairways IV at Bailey Ranch. UL ~; C S RM- I ~._ IL JD 469 a O ~£ ;_ E. 96TH STREET NORTH~~„~ RS-~ ruu-9 -~ . /" \ e ti ../ ~ 9 .:~.:: .:. :x.. ~~>:: ;:c: ~ ~ ~~ ~ ~ ...ii•.':;w:i:%wi::;,•eij;aiwiiYatiii:',iiw~:::YVG:..: '; AG ~~ ~ N DSO' ~: `~ OUT _ ~.. p 9 ~ AG `p0 ~ ' , RM-I fCS E. 86TH STREET NORTH' PU D 9 ~' ..~ ~ ' RM-I --- z I u ~_ a H ),~ ` . ~ AT 0 I P ~ ~a~~ I I I I J I I ~i OUT /~', AG ! I ATOR ELEM. a OWASSO JR. HIGH I RS-3 1= o~ I I~~ RM' I MEMORANDUM TO: ' FROM: SUBJECT: 1 DATE: BACKGROUND THE PLANNING COMMISSION CITY OF OWASSO TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR PRELIMINARY PLAT FAIRWAYS AT BAILEY RANCH -PHASE IV July 4, 1997 ~ The Ciry of Owasso has received a request to review a preliminary plat for the Fairways at Bailey Ranch -Phase IV, an addition to the Ciry of Owasso. Fairways IV is immediately north of Fairways I and II and would contain 54 lots on 17.5 acres, more or less. The subject property is zoned PUD (Planned Unit Development) with an underlying zoning of RS-3 ;~ (Residential Single-Family High Density). A location map is attached for your information and review, as well as copies of the final plats for Fairways I and II. ' The preliminary plat was reviewed by the Technical Advisory Committee at their June 25, 1997 regular meeting. At that meeting, staff as well as area utility companies are afforded the ' opportunity to comment and request additional requirements be adhered to by the applicant. The following is a list of comments regarding the Fairways IV preliminary plat: ' 1. Covenants need to be submitted with the final plat application. 2. Provide a lot area total sheet. 3. Street names and addresses are available for final plat. 4. No occupancy of any homes will be permitted in Fairways IV until Mingo acceleration/deceleration lanes are completed. 5. Several requests for utility easements. ' 6. Construction plans need to be submitted with final plat application. Street names and the requested utility easements have been included on the preliminary plat within your packet. A lot area total sheet has been provided and all other comments are advisory in nature and need to either be considered by the applicant are addressed prior to final plat application. It should also be noted that Lots 18 and 23 of Block 4 re resent "fla "lots. While not i 11 p g ryp ca y ' encouraged in residential platting, lots of a similar layout were contained in Fairways I and II and were also included in the conceptual lot layout and plan as a portion of the Golf Course Planned Unit Development. While the Planning Commission did not express concern regarding ' this type of lot layout, concern was expressed at the Council level. I have advised the applicant, Staff Report Preliminary Plat -Fairways IV Page 2 of 2 Mr. Kourtis, that he should be prepared to discuss these lots at both the Council and Planning Commission levels, should you have any concern. Covenants and construction plans for the subject property have not been submitted at this time. Please note, however, that if the Planning Commission approves the preliminary plat, both would be required to be submitted with any final plat application. RECOMI~~NDATION Staff recommends approval of the preliminary plat for the Fairways at Bailey Ranch -Phase IV. ATTACIEIlVIENTS 1. Location map 2. Fairways I plat 3. Fairways II plat ENCLOSURE 1. Preliminary plat for Fairways IV 1 i.~+£ ~~.re ~~ •i5: •••\~\O~, I.F. • ~~ ~ • %~~ ' MARK S. COLEMAN ~: .: • .' •~ -~ FRANK KEATING o - jSr Executive Director ~:=a:;~~ ~~ Governor State of Oklahoma DEPARTMENT OF ENVIRONMENTAL QUALITY February 17, 1998 ' F. Robert Carr, Public Works Director City of Owasso 207 South Cedar ' Owasso, OK 74055 Re: Permit No. SL000072980112 Fairways IV at Bailey Ranch Sewer Line Project S-21310 Dear Mr. Carr: Enclosed is Permit No. SL000072980112 for the construction of 6,050 L.F. of eight (8) inch sewer ' line and appurtenances to serve the Fairways IV at Bailey Ranch Sewer Line Project, City of Owasso, Tulsa County, Oklahoma. i~ The project authorized by this permit should be constructed in accordance with the plans approved by this department on February 17, 1998. 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, sending one (1) set to your engineer and retaining one (1) set for our files. Very truly yours, ~~ ~~~~~ Bronson Bolvin Construction Permit Unit Water Quality Division BBB/HJT/vp Enclosure cc: William E. Lewis, P.E., Consulting Engineer Wayne Craney, P.E., WPC Unit Supervisor Eddie Terrill, Manager, Tulsa County DEQ, R.S. .~ /~~p ~ `~'.',~, ACS ~,-~ MARK S. COLEMAN ~~~\: '`~ :,~ FR.AIVK KEATING Executive Director \a~e ~' Governor State of Oklahoma DEPARTMENT OF ENVIRONMENTAL QUALITY Permit No. SL000072980112 SEWER LINES S-21310 PERMIT TO CONSTRUCT February 17, 1998 Pursuant to O.S. 27A 2-6-401 , the City of Owasso is hereby granted this permit to construct 6,050 L.F. of eight 18) inch sewer line and appurtenances to serve the Fairways IV at Bailey Ranch Sewer Line Project, located in part of the W 1/2 of Section 19, T-21-N, R-14-E, City of Owasso, Tulsa County, Oklahoma, in accordance with the plans and specifications approved on February 17, 1998. By acceptance of this permit, the permittee agrees to operate and maintain the facilities in accordance with Discharge - OPDES (NPDES) rules OAC 252:605 and to comply with the state certification laws, Title 59, Section 1101-1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for certified operators. This permit is issued subject to the following provisions and conditions. 1) That the recipient of the permit is responsible that the project receive supervision and inspection by competent and qualified personnel. 2) That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. 3) That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the permit. ~ 4) That wherever water and sewer lines are constructed with spacing of 10 feet or less, sanitary protection will be provided in accordance with OAC 252:655-9-1(h) of the Standards for Water Pollution Control Construction Standards. 5) That tests will be conducted as necessary to insure that the construction of the sewer lines will prevent excessive infiltration and that the leakage will not exceed 200 gallons per inch of pipe diameter per mile per day. 6) That the Oklahoma Department of Environmental Quality shall be kept informed of occurrences ~ which may affect the eventual performance of the works or that will unduly delay the progress of the project. 7) That the permittee will take steps to assure that the connection of house services to the sewers is done in such a manner that the functioning of the sewers will not be impaired and ~ that earth and ground water will be excluded from the sewers when the connection is completed. 8) That any deviations from approved plans or specifications affecting capacity, flow or operation ~ of units must be approved by the Department before any such deviations are made in the construction of this project. 1 ~. S~F ~ MARK S. COLEMAN I~~F%~•.' ~" •:~~4 FRANK KEATING Executive Director `~-~~ ' ' °~ ' Governor ~eo~ '= ' State of Oklahoma DEPARTMENT OF ENVIRONMENTAL QUALITY ^ Permit No. SL000072980112 SEWER LINES PERMIT TO CONSTRUCT S-21310 9) That the recipient of the permit is responsible for the continued operation and maintenance of these facilities in accordance with rules and regulations adopted by the Environmental Quality Board, and that this department will be notified in writing of any sale or transfer of ownership of these facilities. 10) The issuance of this permit does not relieve the responsible parties of any obligations or liabilities which the permittee may be under pursuant to prior enforcement action taken by the Department. 1 1) That the permittee is required to inform the developer/builder that a DEQ Storm Water Construction Permit is required for a construction site that will disturb five (5) acres or more in accordance with OPDES, 27A O.S. 2-6-201 et siq. For information or a copy of the GENERAL PERMIT (GP-005) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (N01) form, Notice of Termination (NOT) form, or guidance on preparation of a Pollution Prevention Plan, contact the Storm Water Unit of the Water Quality Division at 1000 N.E. Tenth Street, Oklahoma City, OK 731 1 7-1 21 2 or by phone at (405) 271-5205. 12) That any notations or changes recorded on the official set of plans and specifications in the Oklahoma Department of Environmental Quality files shall be part of the plans as approved. 13) That all manholes shall be constructed in accordance with Water Pollution Control Construction Standards (OAC 252:655-9-4), as adopted by the Oklahoma Department of Environmental Quality. 14) That when it is impossible to obtain proper horizontal and vertical separation as stipulated in Water Pollution Construction Standards OAC 252:655-9-1 (f) and OAC 252:655-9-1(g), respectively, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested to the highest pressure obtainable under the most severe head conditions of the collection system prior to backfilling in accordance with Water Pollution Construction Standard OAC 252:655-9-1 (h1. Failure to appeal the conditions of this permit in writing within 30 days from the date of issue will constitute acceptance of the permit and all conditions or provisions. 3 H.J. Thung, P.EU, Chief Environmental Engineer Water Quality Division 2 •w `~ n•rcdc~ ?•nu•r ~ ~,,, li~ • 5"~.0 ~€ 1F..`~;.~:.~' MARK S. COLEMAN `~~ :~ Executive Director ~~,: = ~ ~' a-~ yam , FRANK KEATING Governor State of Oklahoma DEPARTMENT OF ENVIRONMENTAL QUALITY February 17, 1998 F. Robert Carr, Public Works Director City of Owasso 207 South Cedar Owasso, OK 74055 Re: Permit No. WL000072980111 Fairways IV at Bailey Ranch Waterline Project PWSID No. 3007218 Dear Mr. Carr: Enclosed is Permit No. WL000072980111 for the construction of 200 L.F. of twelve (12) inch, 2830 L.F. of eight (8) inch, and 870 L.F. of four (4) inch waterline and appurtenances to serve the Fairways IV at Bailey Ranch Waterline Project, City of Owasso, Tulsa County; Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this department on February 17, 1998. 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, sending one (1) set to your engineer and retaining one (1) set for our files. Very truly yours, ~ n ~ Bronson Bolvin Construction Permit Unit Water Quality Division BBB/HJT/vp Enclosure cc: William E. Lewis, P.E., Consulting Engineer Mary Arnold, P.E., PWS District Engineer, DEQ Eddie Terrill, Manager, Tulsa County DEQ, R.S. ^ MARK S. COLEMAN ~-d,•_ '~ %~% FRANK KEATING ~~~~ _ . ; :. , :rr. Executive Director ~~~:-~ Governor ,,ao~.-- State of Oklahoma DEPARTMENT OF ENVIRONMENTAL QUALITY Permit No. WL000072980111 WATER LINES PWSID No. 3007218 PERMIT TO CONSTRUCT ' February 17, 1998 Pursuant to O.S. 27A 2-6-304, the City of Owasso is hereby granted this permit to construct 200 L.F. ' of twelve (12) inch, 2830 L.F. of eight (8) inch, and 870 L.F. of four (4) inch waterline and appurtenances to serve the Fairways IV at Bailey Ranch Waterline Project, located in part of the W 1 /2 of Section 19, T-21-N, R-14-E, City of Owasso, Tulsa County, Oklahoma, in accordance with the plans approved on February 17, 1998. By acceptance of this permit, the permittee agrees to operate and maintain the facility in accordance with the Public Water Supply Operation rules (OAC 252:630) and to comply with the State Certification laws, Title 59, Section 1 101-1 1 16 O.S. and the rules and regulations adopted thereunder regarding ~ the requirements for certified operators. This permit is issued subject to the following provisions and conditions. 1) That the recipient of the permit is responsible that the project receives supervision and inspection by competent and qualified personnel. II II 2) That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. 3) That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the permit. 4) That the Oklahoma Department of Environmental Quality shall be kept informed on occurrences which may affect the eventual performance of the works or that will unduly delay the progress of the project. 5) That wherever water and sewer lines are constructed with spacing of 10 feet or less, sanitary protection will be provided in accordance with Public Water Supply Construction Standards (OAC 252: 625-17-41. 6) That before placing this facility into service, at least two samples of the water, taken on different days, shall be tested for bacteria to show that it is safe for drinking purposes. 7) That any deviations from approved plans or specifications affecting capacity, flow or operation of units must be approved by the Department before any such deviations are made in the construction of this project. ~, 1 ~~ .~ vcled o:~o~~~~ ~3 MARK S. COLEMAN ~~~~: :;~~ FRANK KEATING Executive Director ~ a ~ ~ ~ ~'~ Governor State of Oklahoma DEPARTME~~VT OF ENVIRONMENTAL QUALITY Permit No. WL000072980111 PERMIT TO CONSTRUCT ~ 11 ~ WATER LINES PWSID No. 3007218 8) That the recipient of the permit is responsible for the continued operation and maintenance of these facilities in accordance with rules and regulations adopted by the Environmental Quality Board, and that this department will be notified in writing of any sale or transfer of ownership of these facilities. 91 The issuance of this permit does not relieve the responsible parties of any obligations or liabilities which the permittee may be under pursuant to prior enforcement action taken by the Department. 10) That the permittee is required to inform the developer/builder that a DEQ Storm Water Construction Permit is required for a construction site that will disturb five (5) acres or more in accordance with OPDES, 27A O.S. 2-6-201 et siq. For information or a copy of the GENERAL PERMIT (GP-005) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (NOI) form, Notice of Termination (NOT) form, or guidance on preparation of a Pollution Prevention Plan, contact the Storm Water Unit of the Water Quality Division at 1000 N.E. Tenth Street, Oklahoma City, OK 73117-1212 or by phone at (4051 271-5205. 1 1) That when it is impossible to obtain proper horizontal and vertical separation as stipulated in Public Water Supply Construction Standards OAC 252:625-17-4(7)(A) and OAC 252:625-17- 4(7)(8), respectively, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested to the highest pressure obtainable under the most severe head conditions of the collection system prior to backfilling in accordance with Water Pollution Construction Standard OAC 252:655-9-1 (h). 12) That any notations or changes recorded on the official set of plans and specifications in the Oklahoma Department of Environmental Quality files shall be part of the plans as approved. 13) That whenever plastic pipe is approved and used for potable water, it shall bear the seal of the National Sanitation Foundation and meet the appropriate commercial standards. Failure to appeal the conditions of this permit in writing within 30 days from the date of issue will constitute acceptance of the permit and all conditions and provisions. H.J. Thung, P.E., Ch{~ef Environmental Engineer Water Quality Division 2 ~~ L~ ~ ~-,~it~a p~~;,~~~ MEMORANDUM TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: CITY HALL SITE SELECTION DATE: April 17, 1998 An informational memorandum relating to a site selection for the proposed city hall facility is being prepared and will be transmitted to you upon its completion.