HomeMy WebLinkAbout1997.11.04_City Council AgendaII
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PUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
TYPE OF MEETING: Regular
DATE: November 4, 1997
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, October 31, 1997.
Mar a Boutwell, City Clerk
AGENDA
1. Call to Order
2. Invocation
Councilor Michael Helm
3. Flag Salute
4. Roll Call
5. Consideration and Appropriate Action Relating to a Request for Approval of the Consent
Agenda. All matters listed under "Consent" are considered by the City Council to be
routine and will be enacted by one motion. Any Councilor may, however, remove an item
from consent by request. A motion to adopt the Consent Agenda is non-debatable.
A. Approval of the Minutes of October 21, 1997 Regular Meeting.
Attachment #5-A
B. Approval of Claims.
Attachment #5-B
~ C. Action Relating to Ordinance #558, an Ordinance Providing for the Rezoning of an
„~„ 11.34 Tract, More or Less, Located West of the Southwest Corner of East 96th St N
and Garnett Rd, from RS-2 (Residential Single-Medium Density) to RS-3 (Residential
Single-Family High Density).
Attachment #5-C
Owasso City Council
November 4, 1997
Page 2
The staff recommends Council approval of Ordinance #558, and has listed this item in
the consent section of the agenda based on Council action on October 21, 1997 to
approve the rezoning and authorize an ordinance.
D. Action Relating to Ordinance #559, an Ordinance Providing for the Annexation of an
Approximate 191.248-Acre Parcel of Land Located Northwest of the Corner of East
96th St N and the Owasso Expressway.
Attachment #5-D
The staff recommends Council approval of Ordinance #559, and has listed this item in
the consent section of the agenda based on Council action on October 21, 1997 to '
approve the annexation in concept and authorize an ordinance.
6. Consideration and Appropriate Action Relating to Ordinance #560, an Ordinance Amending
Section 206, Part Five, Chapter Two of the City of Owasso Code of Ordinances, Relating
to the Offices of Plumbing Inspector and Electrical Inspector.
Mr Rooney
Attachment #6
The staff will recommend Council approval of Ordinance #560, which would combine the ,~
offices of Plumbing and Electrical Inspector, as amended.
7. Consideration and Appropriate Action Relating to a Request for Approval of a Contract and
Plan Document for Administration of the Flexible Spending Plan.
Ms Guthrie
Attachment #7
The staff will recommend approval of a contract and plan document with AFLAC for the
administration of the Flexible Spending Plan, and authorization for the Mayor to execute
the documents.
Owasso City Council
November 4, 1997
Page 3
8. Consideration and Appropriate Action Relating to a Request for the Appointment of a
Deputy City Clerk.
Mr Ray
Attachment #8
The City Manager will recommend the appointment of Allan Harder to the position of
Deputy City Clerk.
Owasso City Council
November 4, 1997
Page 4
~~( l~. New Business
f
~7 1~'. Adjournment ~
NI
TYPE OF MEETING:
DATE:
TIME:
PLACE:
JTICE OF PUBLIC MEETING OF THE
OWASSO CITY COUNCIL
Regular
November 4, 1997
7:00 p.m.
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, November 3, 1997.
Marci Boutwell, City C erk
ADDENDUM TO AGENDA
Items numbered 1 through 8 on the agenda filed on October 31, 1997, shall remain the same.
Items numbered 9 through 14 are now numbered 10 through 15; and the following is submitted
for addendum thereof.
9. Consideration and Appropriate Action Relating to a Request to Authorize the Mayor to
Sign a Memorandum of Agreement Wherein the City of Owasso Would Become Party
to a Regional Economic Development Planning Consortium.
Mr Ray
Attachment
Pursuant to a new grant program being finalized by the Oklahoma Department of
Commerce and a meeting with the ODOC executive director, Dr Leo Presley, on
Monday, November 3, the City of Owasso has an opportunity to join with the City of
Collinsville, City of Skiatook, Town of Sperry, Town of Avant, Tulsa County, Osage
County, and the Osage Indian Nation to apply for an ODOC grant of $35,000 to develop
a regional economic coordination strategy. There is no expense to any member of the
consortium and no matching funds are required.
ii
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, October 21, 1997
i~
The Owasso City Council met in regular session on Tuesday, October 21, 1997 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, October 17, 1997.
ITEM 1: CALL TO ORDER
Mayor Barnhouse called the meeting to order at 7:00 p.m.
ITEM 2: INVOCATION
' The invocation was offered by Jim McElrath, Support Services Director.
ITEM 3: FLAG SALUTE
' Marsha Hensley led in the flag salute.
' ITEM 4: ROLL CALL
PRESENT
' Mary Lou Barnhouse, Mayor
Tracy Standridge, Vice Mayor (in at 7:03)
~ Michael Helm, Councilor
Denise Bode, Councilor
Mark Wilken, Councilor
STAFF
Rodney J Ray, City Manager
Ronald D Cates, City Attorney
Marsha Hensley, Acting Secretary
A quorum was declared present.
ABSENT
Marcia Boutwell, City Clerk
ITEM 5: READING OF MAYOR'S PROCLAMATION.
Mayor Barnhouse read a proclamation naming Water Products of Oklahoma as Business of the
Quarter for the Fourth Quarter of 1997. The Mayor presented the proclamation to Mr Tony
Stevens.
ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR APPROVAL OF THE CONSENT AGENDA.
A. Approval of the Minutes of October 7, 1997 Regular Meeting and
October 16, 1997 Special Meeting.
B. Approval of Claims.
A
Owasso City Council October 21, 1997
The consent agenda included minutes of the October 7, 1997 regular meeting and October 16,
1997 special meeting, by reference made a part hereto. Item B on the consent agenda included
the following claims: (1) General Fund $121,543.72; (2) Workers Comp Self-Insurance Plan
$4,626.27; (3) Ambulance Service Fund $2,743.68; (4) City Garage $4,183.20; (5) Payroll
$128,264.81; (6) City Garage Payroll $2,707.78. Mr Wilken moved, seconded by Dr Bode,
to approve the consent agenda.
AYE: Wilken, Bode, Helm, Standridge, Barnhouse
NAY: None
Motion carried 5-0.
ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FROM SIDNEY VAN JOHNSON ET AL FOR ANNEXATION OF
AN APPROXIMATE 191.248-ACRE PARCEL OF LAND LOCATED
NORTHWEST OF THE CORNER OF EAST 96TH ST N AND THE OWASSO
EXPRESSWAY. ~
Mr Rooney said that Mr Sidney Van Johnson has requested annexation of approximately 191.248
acres of undeveloped property located north and west of E 96th St N and the Owasso
Expressway. The property is zoned AG within Tulsa County and will remain under that zoning ~
classification if annexed. Both the Annexation Committee and the Planning Commission have
unanimously recommended approval of the annexation request. Dr Bode moved, seconded by
Dr Standridge, to approve the requested annexation.
AYE: Bode, Standridge, Wilken, Helm, Barnhouse ~
NAY: None
Motion carried 5-0.
ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST TO REZONE 11.34 ACRES MORE OR LESS LOCATED WEST
OF THE SOUTHWEST CORNER OF EAST 96TH ST N AND GARNETT RD
FROM RS-2 (RESIDENTIAL SINGLE-FAMILY MEDIUM DENSITY) TO
RS-3 (RESIDENTIAL SINGLE-FAMILY HIGH DENSITY)
The City of Owasso received a request from the Sokolosky Living Trust to rezone an 11.34 acre
parcel of land from RS-2 to RS-3. Mr Rooney said that the property is located west of the
southwest corner of E 96th St N and Garnett Rd, immediately south of the El Rio Vista
Addition. If the request is approved, the area would have the same zoning as El Rio Vista, Ator
Heights IV, and the neighboring property to the west which will tie into The Fairways
2
' Owasso City Council
October 21, 1997
development. All property owners within 300 feet were notified of the request and no negative
~ comments have been received. The Planning Commission has unanimously recommended
approval of the request. Mr Helm moved, seconded by Mr Wilken, to approve the requested
rezoning.
AYE: Helm, Wilken, Bode, Standridge, Barnhouse
NAY: None
^ Motion carried 5-0.
ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE
APPROVAL OF A FINAL PLAT FOR THE BRADFORDS OF SILVER
CREEK.
' The Bradfords of Silver Creek is located immediately east of Brentwood Estates and Brentwood
,~ Park, north of E 86th St N. Mr Rooney said that the property is zoned PUD, with an
underlying zoning of RS-2. The Planning Commission reviewed the final plat and unanimously
recommended approval. All construction plans have been approved by the City of Owasso, and
water and sewer lines have been constructed, inspected and accepted by the City. This
~ subdivision has been developed by Oklahoma Natural Gas, and will be the first residential
subdivision in the State of Oklahoma to have gas street lighting. Mr Helm moved, seconded by
Dr Standridge, to approve the final plat for The Bradfords of Silver Creek. Mr Wilken recused
' because of his association with Oklahoma Natural Gas.
AYE: Helm, Standridge, Bode, Barnhouse
NAY: None
Motion carried 4-0.
ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
' RE VEST BY THE OKLAHOMA MUNICIPAL LEAGUE FOR A CHANGE
IN THE ORGANIZATION'S BY-LAWS.
'~ Mr Ray presented the item, stating the Oklahoma Municipal League is supported through dues
paid by member municipalities. The OML is governed by a 16-member Board of Directors,
which employs an executive director and sets policy for the organization. The By-Laws allows
the immediate past president of the Board of continue to serve as a member of the Board of
+r Directors until such time as the current president becomes the next immediate past president.
The OML is proposing to amend the by-laws to allow all past presidents to serve on the Board
of Directors, requiring ratification by a majority of the member municipalities. Following
Owasso City Council October 21, 1997
discussion, Mr Wilken moved, seconded by Dr Standridge, to deny the proposed change to the
OML By-Laws.
AYE: Wilken Standridge, Bode, Helm, Barnhouse
NAY: None
Motion carried 5-0, and the proposed OML By-Laws change is denied by the City of Owasso.
ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE
APPOINTMENT AND CONFIRMATION OF AN ALTERNATE MEMBER TO
THE TULSA METROPOLITAN AREA TRANSPORTATION AUTHORITY
POLICY COMMITTEE.
Mayor Barnhouse requested the confirmation of Mr Karl Fritschen as alternate to the Tulsa
Metropolitan Area Transportation Policy Committee, replacing Mr Robert Carr. Mr Fritschen
has been employed by the City of Owasso as Comprehensive Planner and Mr Carr believes it
would be in the best interest of the City for Mr Fritschen to serve on the Transportation Policy
Committee. Dr Bode moved, seconded by Dr Standridge, to confirm the appointment of
Mr Karl Fritschen as an alternate member to the Tulsa Metropolitan Area Transportation
Authority Policy Committee.
AYE: Bode, Standridge, Wilken, Helm, Barnhouse
NAY: None
Motion carried 5-0.
ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE
ENGAGEMENT OF AN INDEPENDENT AUDITOR FOR THE PURPOSE OF
CONDUCTING A SPECIAL AUDIT.
Mr Ray said that the City is requesting a special investigative audit of the Municipal Court Fund
for the period July 1, 1994 through February 11, 1997. The City is requesting that the auditing
firm of Jarrett and Smith be hired to conduct the audit at a cost of approximately $7000. Dr
Bode moved, seconded by Mr Wilken, to employ the firm of Jarrett and Smith to conduct a
special investigative audit of the Municipal Court Fund.
AYE: Bode, Wilken, Helm, Standridge, Barnhouse
NAY: None
Motion carried 5-0.
4
Owasso City Council
October 21, 1997
ITEM 13: REPORT FROM CITY MANAGER
Mr Ray thanked those persons who worked toward the passage of the recent bond issue. He
also clarified a change in the City's pre-tax plan.
ITEM 14: REPORT FROM CITY ATTORNEY
No report.
ITEM 15: REPORT FROM CITY COUNCILORS
None.
ITEM 16: UNFINISHED BUSINESS
None.
ITEM 17: NEW BUSINESS
None.
ITEM 18: ADJOURNMENT
Dr Standridge moved, seconded by Dr Bode, to adjourn.
AYE: Standridge, Bode, Wilken, Helm, Barnhouse
NAY: None
Motion carried 5-0, and the meeting was adjourned at 7:20 p.m.
Mary Lou Barnhouse, Mayor
Marcia Boutwell, City Clerk
5
CITY OF OWASSO
GENERAL FUND
10/31/9? 8:20:47 A/P CLAIMS REPORT APAPVR PAGE:
PO # VENDOR DESCRIPTION AMOUNT
---------- ------------------------- ------------------------- ---
MANAGERIAL
------------------------------
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980015 AT&T WIRELESS SERVICES
981037 SOUTHWESTERN BELL TELE
981046 TREASURER PETTY GASH
981046 TREASURER PETTY CASH
981046 TREASURER PETTY CASH
981046 TREASURER PETTY CASH
981046 TREASURER PETTY CASH
PHONE USE-RAY
10/97 PLEXAR
REIMB PETTY CASH
REIMB PETTY CASH
COUNCIL WORK SESSIONS
REIMB PETTY CASH
CITY MGR EXPENSES
83.66
60.49
13.71
9.71
68.99
19.98
192.75
DEPARTMENT TOTAL =___}
FINANCE
------------------------------
9806%1 RAMADA INN NORMAN LODGING-BISHOP
981046 TREASURER PETTY CASH REIMB TRAVEL-BISHOP
981046 TREASURER PETTY CASH REIMB PETTY CASH
981056 KIMBALL ACE HARDWARE KEYS
DEPARTMENT TOTAL =___>
COMMUNITY DEVELOPMENT
------------------------------
981030 AT&T WIRELESS SERVICES 10/97 PAGER SERVICE
981037 SOUTHWESTERN BELL TELE 10/97 PLEXAR
981088 MCI TELECOMMUNICATIONS 10/97 USE
DEPARTMENT TOTAL =___>
MUNICIPAL COURT
------------------------------
449.29
90.00
115.52
14.57
1.98
222.07
32.85
46.58
11.59
91.02
2
980737 BRETT BURTON BAILIFF DUTIES 10/97 120.00
981027 HOWARD SMITH BAILIFF DUTIES 10/16/97 60.00
981037 SOUTHWESTERN BELL TELE 10/97 PLEXAR 49.24
981088 MCI TELECOMMUNICATIONS 10/97 USE 5.13
DEPARTMENT TOTAL =___> 234.37
i~
ENGINEERING
------------------------------
980924 RIDGWAYS
PLOTTER PENS
36.00
B
CITY OF OWA5S0
GENERAL FUND
10131/97 8:20:47 A/P CLAIMS REPORT APAPVR PAGE:
PO # VENDOR DESCRIPTION AtdOUHT
---------- ------------------------- ------------------------- -------------
981030 AT&T WIRELESS SERVICES 10/97 PAGER SERVICE b.95
DEPARTMENT TOTAL =___> 42.95
GENERAL GOVERNMENT
------------------------------
980096 US POSTMASTER POSTAGE 1,000.00
980951 SAM'S CLUB MAIHT SUPPLIES 65.62
980951 SAM'S CLUB ANNUAL FEE 10.00
980953 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES bb.73
981001 DOZIER PRINTING COLOP.ED MAPS 149.50
981006 RETHERFOP.D PUBLICATIONS LEGAL NOTICE 24.00
981025 ALL COPY SUPPLIES TONER-CANON COPIER 285.00
981031 PSO 9/97 USE 1,044.83
981032 SOUTHWESTERN BELL TELE 10.'97 NON-PLEXAR 47.34
981037 SOUTHWESTERN BELL TELE 10!97 PLEXAR 244.54
981038 PITNEY BOWES.IHC POSTAGE METER RENTAL 156.00
981D4b TREASURER PETTY CASH REIMS PETTY CASH 5.51
981083 OKLAHOMA NATURAL GAS 9/97 USE 39.72
981088 MCI TELECOMMUNICATIONS 10;97 USE 84.8b
DEPARTMENT TOTAL =___> 3,223.65
SUPPORT SERVICES
------------------------------
980090 YALE UNIFORM RENTAL UNIFORM CLEAN/RENT
980091 DEPARTMENT OF CORRECTIONS DOC WORKERS/PAY
980184 CN HASKELL & ASSOC COMPUTER SERVICES
980184 Cti HASKELL & ASSOC COMPUTER SERVICES
980191 AT&T WIRELESS SERVICES PHONE USE-McELRATH
980951 SAM'S CLUB MAIHT SUPPLIES
981030 AT&T WIRELESS SERVICES 10/97 PAGER SERVICE
981045 TREASURER PETTY CASH REIMS DOC LUtiCHES
981055 TAYLOE PAPER CO REPAIR FLOOR BUFFER
981056 KIMBALL ACE HARDWARE MAINTENANCE SUPPLIES
DEPARTMENT TOTAL =___~
CEMETERY
------------------------------
980936 VERDIGRIS VALLEY ELECTPIC ELECTRIC SERVICE
981031 FSO 9/97 USE
981043 MARRY DIRT SALES TOP SOIL
36.40
322.85
742.50
261.25
19.b0
54.57
13.90
40.60
256.03
79.62
1,827.32
300.00
16.61
70.00
3
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II
10,'31/97 8:20:47
CITY OF OWASSO
GENERAL FUND
A/P CLAIMS REPOP,T APAPVR PAGE: 4
p0 # VENDOR DE~CRIPTIOH AMOUNT
---------- ------------------------- ------------------------- --------
DEPARTMENT TOTAL =___>
POLICE SERVICES
------------------------------
980005 WESTERN BUSINESS PP.ODUGTS COPIER MAINTENANCE
980006 L.E.T.H. SUB5CRIPTIDN
980184 CH HASKELL & ASSDC COMPUTER-RECORDS
980577 FRATERNAL ORDEP. OF POLICE LEGAL DEFENSE PLAN
980951 SAM`5 CLUB MAIHT SUPPLIES
980998 DOPIER PRINTING FRIHTED FORMS
981015 U5 POSTMASTER POSTAGE
981016 SOUTHWESTERN BELL TELE REPAIR WORK
4.81019 TP.IM RITE #2 STRIPE HEW VEHICLES
981030 AT&T WIRELESS SERVICES 10/97 PAGER SERVICE
981031 PSD 9/97 USE
981032 SOUTHWE5TER2i BELL TELE 10/97 NON-PLEXAR
981037 SOUTHWESTERN BELL TELE 10/97 PLEXAR
981046 TREASURER PETTY CASH POSTAGE
981046 TREASURER PETTY CASH REIMB PETTY CASH
981046 TREASURER PETTY CASH PER DIEM-CDX,DDBRINSKI
981063 DAVID G SMITH, EDD MMPI-DISPATCHER
981064 POLICE PETTY CASH REPAIR OF EQUIPMENT
982064 POLICE PETTY CASH POSTAGE
981064 POLICE FETTY CASH CLEFT SCHOOL
981064 POLICE PETTY CASH TELEPHONE
981064 POLICE PETTY CASH REIMB PETTY CASH
981064 POLICE PETTY CASH REIMB PETTY CASH
981064 POLICE PETTY CASH REIMB TRAINING-EDWARDS
981069 MARK KETCHUM INSTALL VEHICLE EQUIPT
981083 OKLAHOMA NATURAL GAS 9/97 USE
981488 MCI TELECOMMUNICATIONS 10/97 USE
DEPARTMENT TOTAL =___>
POLICE CQMMUHICATIDHS
------------------------------
980184 CN HASKELL & ASSDC
DEPARTMENT TOTAL =___>
ANIMAL CONTROL
------------------------------
981030 AT&T WIRELESS SERVICES
COMPUTER,DIGITAL CAMERA
10/97 PAGER SERVICE
386.61
164.16
288.oa
2,384.00
91.00
168.75
72.x3
96.00
685.82
1,378.32
72.50
665.02
47.34
237.99
32.00
13.95
112.00
35.00
3.00
23.45
13.72
25.50
16.10
11.00
32.34
1,800.00
46.09
46.53
8,561.61
2,160.00
2,160.00
6.95
CITY OF OWASSO
GEtiERAL FUND
10/31:97 8:20:47 A/P CLAIMS REPORT APAPVR PAGE:
PO # VENDOR DESCRIPTION AMOUNT
---------- ------------------------- ------------------------- -------------
981431 PSD 9/97 USE 1b4.43
981037 SOUTHWESTERN BELL TELE lU/97 PLEXAR 23.29
981088 MCI TELECOMMUNICATIONS 10/97 USE 8.77
DEPARTMENT TOTAL =___> 203.44
FIRE SERVICES
------------------------------
980039 BMI SYSTEMS OF TULSA COPIER LEASE/MAIHT 191.55
980151 DOH TAYLOR VOLUNTEER FIRE RUNS 49.50
980152 TDDD GRUEHEICH VOLUNTEER FIP.E RUNS 49.50
980153 RAHDALL STARK VDLUHTEER FIRE RUNS 49.50
980154 P.OH STUCKEY VOLUNTEER FIRE P,UtiS 49.50
980155 MARK STEVENS VOLUNTEER FIRE RUNS 49.54
98015b TP,AVIS FRY VOLU?iTEEP, FIRE RUNS 49.50
980157 CARL BDRZA VDLUHTEER FIP.E RUNS 49.50
980158 CHRIS WILSON VDLUHTEER FIRE RUNS 49.50
980480 PHOENIX FIRE DEPT INCIDENT MGMT 5EMIHAR 750.00
98049b OUR DESIGNS IHC UNIFORMS-HEW EMPLOYEES 547.60
980856 CRDW BURLIHGAME REPAIR PARTS 73.83
980857 KIMBALL ACE HARDWARE MAIHT/REPAIR SUPPLIES 7b.55
980860 ROARK TRUE VALUE HARDWARE MAIHT/REPAIR SUPPLIES 39.93
980972 DDEHGES FORD REPAIR TANKER 125.49
980974 CLASSIC CHEVROLET REPAIR ENGINE II 533.25
981012 TUXALL UNIFORM & E4UIP UNIFORMS 289.55
981017 TAYLORMADE LOCK & KEY MAIHT SUPPLIES 1b5.00
981018 RELIABLE TIRE AHD AUTO REPAIR PARTS-SQUAD I 120.00
981028 DRIVE TRAIN SPECIALISTS REPAIR SQUAD I 135.75
981029 LENDX WRECKER SERVICE TOW SQUAD I 97.99
981030 AT&T WIRELESS SERVICES 10/97 PAGER SERVICE b.95
981031 PSO 9/97 USE 1,132.06
981037 SOUTHWESTERN BELL TELE 10/97 PLEXAR 239.51
98104b TREASURER PETTY CASH REIMB PETTY CASH 10.00
981046 TREA5URER PETTY CASH REIMB PETTY CASH 11.53
981046 TREA5URER PETTY GASH REIMB PETTY CASH 15.30
981046 TREASURER PETTY CASH REIMB PETTY CASH 5.00
981083 OKLAHOMA NATURAL GAS 9/9? USE 90.00
981088 MCI TELECOMMUNICATIONS 10/97 USE 12.62
DEFAP,TMEHT TOTAL =___> 5,Ob5.46
EMERGERCY MGMT OPERATIONS
------------------------------
5
980014 AT&T WIRELESS SERVICES PHONE USE-STAMPER 12.b7
980936 VERDIGRIS VALLEY ELECTRIC ELECTRIC SERVICE 150.00
i~
10/31/97 8:20:47
CITY OF OWASSO
GENERAL FUND
A/P CLAIMS REPOP.T APAPVR PAGE: b
I ~ pO # VENDOR DESCRIPTION ---AMOUNT
---------- ------------------------- ------------------------- -------
981031 P5O 9/97 USE
981032 SOUTHWESTERN BELL TELE 10/97 HON-PLEXAR
981037 SOUTHWESTERN BELL TELE 10/97 PLEXAR
981088 MCI TELECOMMUNICATIONS 10/97 USE
DEPARTMENT TOTAL =___)
II
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STREETS
------------------------------
480642 CROW BURLINGAME
980672 TULSA COUNTY BOCC
980673 YALE UNIFORM RENTAL
980851 FSO
980406 KIMBALL ACE HAPDWARE
980929 HAKES SHOE & ARCH SHOP
980933 APAC-OKLAHOMA, INC.
980985 HAKES SHOE & ARCH SHOP
980996 PRO PATCH
980999 SIGNALTEK INC
981020 AM-RAIL CONSTRUCTION INC
981023 APAC-OKLAHOMA, INC.
981030 AT&T WIRELESS SERVICES
981031 PSO
981037 SOUTHWESTERN BELL TELE
981040 CLAYTON ASPHALT COATINGS
981043 MARRY DIRT SALES
981066 SIGNALTEK INC
981083 OKLAHOMA NATURAL GAS
DEPARTMENT TOTAL =___>
COMMUNITY CENTER
------------------------------
AIR COMPRESSOR-SHOP
TP,AFFIC SIGHS
UtiIFORM HATS
STREET LIGHTING
MAIHTiREFAIR SUPPLIE5
SAFETY BOOTS-WEST
ASPHALT-76/DOGWOOD
SAFETY BODTS-BAKER
STREET REPAIR
STREET LIGHT MAINT
CROSS TIES
ASPHALT 7b/MAIN
10/97 PAGER SERVICE
9/97 USE
10/97 PLEXAR
PAINT FOR CROSSWALKS
TOP SOIL
MAINT TRAFFIC SIGNALS
9/97 USE
980191 AT&T WIRELESS SERVICES PHONE USE-SR VAN
980896 KIMBALL ACE HARDWARE PAINT SUPPLIES
981031 FSO 9/97 USE
981037 SOUTHWESTERN BELL TELE 10/97 PLEXAR
'
981083 OKLAHOMA NATURAL GAS 9/97 USE
981088 MCI TELECOMMUNICATIONS 10/97 USE
DEPARTMENT TOTAL =___)
64.12
46.62
23.29
1.50
298.20
1,530.40
33.78
46.00
2,381.02
69.23
98.00
146.72
99.00
2,280.00
250.00
100.00
224.48
41.70
315.13
23.29
150.00
70.00
786.00
21.24
8,665.59
10.90
293.57
1,419.89
110.96
66.36
5.07
1,906.75
' PARK MAINTENANCE
------------------------------
CITY DF OWASSD
GENERAL FUND
10/31/97 8:20:47 A/P CLAIMS REPORT APAPVR PAGE:
PD # VENDOR DESCRIPTION AMOUNT
---------- ------------------------- ------------------------- -------------
980644 W W GRAI2iGER INC REPAIR KIT
980848 APiCHOR STORE CO SCREENINGS
980990 WESTERN HILLS STATE LODGE LODGING-ORPS CONFERENCE
980991 OK RECREATION & PARK ASSD ANNUAL DUES/REGISTRATION
980997 1 B STIGALL MOW ATDR
981030 AT&T WIRELES5 SERVICES 10/97 PAGER SERVICE
981031 PSO 9/97 USE
981036 AT&T WIRELESS SERVICES PHONE USE-WAP,REN
98103? SOUTHWESTERN BELL TELE 10/97 PLEXAR
981068 PEP.FEGTION ROOFING SKYLIGHT REPAIR-ELM CK
981083 OKLAHOMA NATURAL GAS 9/97 USE
9810$8 MCI TELECOMMUNICATIONS 10/97 USE
DEPARTMENT TOTAL =___~
ECONOMIC DEVELOPMENT
------------------------------
980184 CH HASKELL & ASSOC COMPUTER SOFTWARE
980191 AT&T WIRELESS SERVICES PHONE USE-TOBIA5
981046 TREASURER PETTY CASH REIMB PETTY CASH
DEPARTMENT TOTAL =___>
FUND TOTAL =___>
8.66
3.56
134.00
240.00
?5.00
13.90
519.72
23.50
52.78
$2b.00
275.48
.07
2,172.67
327.49
28.22
1b.00
371.71
35,882.71
CITY OF OWASSO
AMBULANCE SERVICE FUND
10/31/97 8:20:47 A/P CLAIMS REPOP.T APAPVR PAGE:
PO # VENDOR DESCRIPTION AMOUPiT
---------- ------------------------- ------------------------- -------------
AMBULANCE
------------------------------
980038 JEFFERY GALLES MD MONTHLY EMS AUDIT 250.00
980858 PACE PRODUCTS OF TULSA IN AMBULANCE SUPPLIES 44.00
DEPARTMENT TOTAL =___) 294.00
FUND TOTAL =___) 294.00
1
CITY OF OWASSO
AMBULAKGE SERV CAPITAL IMPROVEMEKT
14/3119? 8:2D:47 A/P CLAIMS REPORT APAPVR PAGE:
PO # VENDOR DESCP.IPTIOK AMOUKT
---------- ------------------------- ------------------------- -------------
AMBULAHGE
------------------------------
980422 PHYSIO GOHTROL DEFIBRILLATOR 8/5/97
980422 FHYSIO COKTROL LIFE PAK 8/5/97
980854 EAGLE ELECTRONICS IHC GPS-VEHICLES
DEPARTMENT TOTAL ====>
FUND TOTAL ====>
7,257.00
9,225.00
534.27
17,Oib.27
17,016.27
13
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II
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CITY OF OWASSO
CITY GARAGE
10/31/97 8:20:47 A/P CLAIMS REPORT APAPVR PAGE: 12
---PO-#--- ---------VEHDDR---------- ------DESCRIP'i'lOH-------- ---AMOUNT----
CITY GARAGE
------------------------------
980090 YALE UNIFORM RENTAL UNIFORM CLEAR/RENT
980644 W W GRAINGER INC REPAIR KIT
980811 RICH WHOLESALE TIRE TIRES-LODAL
980951 SAM'S CLUB MAINT SUPPLIES
980956 TULCO OILS INC OIL/CUBES
980965 RELIABLE TIRE AND AUTO VEHICLE REPAIR
980967 INTERSTATE BATTERY SYSTEM BATTERIES
980987 EQUIPMENT ONE RENTAL & 5A PROPANE
981030 AT&T WIRELESS SERVICES 10/97 PAGER SERVICE
981031 PSO 9/97 USE
981037 SOUTHWESTERN BELL TELE 10/97 PLEXAR
981046 TREASUREP. PETTY CASH REPAIR PARTS
981047 HAidES SHOE & ARCH SHOP SAFETY BOOTS-BP.OWN
981051 DRIVE TRAIN SPECIALISTS AIR VALVE
981052 CLASSIC CHEVROLET REPAIR PARTS
981056 KIMBALL ACE HARDWARE MAINTENANCE SUPPLIES
981058 CROW BURLINGAME REPAIR SUPPLIES
981058 CROW BURLINGAME REPAIR PARTS
981059 OWASSO TIRE BARN ALIGNMENT
981083 OKLAHOMA NATURAL GAS 9/97 USE
981088 MCI TELECOMMUNICATIONS 10/97 USE
DEPARTMENT TOTAL =___>
FUND TOTAL =___>
29.20
b.8$
64b.7b
91.96
400.40
20.00
109.03
18.50
6.95
214.05
46.58
32.96
99.00
31.57
1,287.48
2.67
11.41
1,047.b9
39.95
98.24
9.97
4,251.25
4,251.25
CITY OF OWASSO
A/P TRANSFER REPORT
VENDOR DESCRIPTION
TRANSFERS
CEMETERY CARE REVENUE TRANSFER FROM GENERAL FUND
AMBULANCE CAPITAL REVENUE TRANSFER FROM AMBULANCE FUND
AMOUNT
300.00
3,373.13
TRANSFERS TOTAL 3,673.13
CITY OF OWASSO
A/P TRANSFER REPORT
VENDOR DESCRIPTION AMOUNT
4,562.50
10, 000.00
17,916.66
1, 515.92
TRANSFERS
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
TRANSFERS TOTAL 33,995.08
CITY OF OWASSO
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING DATE
10/25/97
OVERTIME TOTAL
DEPARTMENT EXPENSES EXPENSES
!.Managerial ''. ~5,8118Q
Finance
5,707.51
Community Deve~opmeat _ ....... .............
i~,580.46
Municipal Court 1 769.85
Engineering 2,685:46
Support Services 105.00 3,680.91
Police 206.14 38,047.53
Central Dispatch 218.48 4,190.10
.Animal Control 1,150:50
Fire 166.40 35,707.36
.Street: 84 40 5,680.SI.
Community-Senior Center 2622.78
Perk 1Vlaititenace ~,34~:99
Economic Development 1,539.20
FUND TOTAL $780.42 $117,516.96
APPROVED: 11/04/97
Mayor
Council Member
Council Member
CITY GARAGE
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING DATE 10/25/97
OVERTIME TOTAL
DEPARTMENT EXPENSES EXPENSES
Garage $2,599.28
APPROVED:
Mayor
Council Member
11/04/97
Council Member
ii
i~
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: TIMOTHY ROONEY
COMMU1vITY DEVELOPMENT DIIZECTOR
SUBJECT: ORDINANCE NO. 558
DATE: October 28, 1997
BACKGRO
At the October 21, 1997 meeting, the Owasso City Council approved rezoning application OZ-
97-05, arequest for the rezoning of an 11.34 acre tract of land from RS-2 (Residential Single-
Family Medium Density) to RS-3 (Residential Single-Family High Density). The general
location of the subject property is west of the southwest corner of E. 96th Street North and
Garnett Road. A subject map is attached for your information and review.
Ordinance No. 558 would formally adopt the Ciry Council's action of October 21, 1997. A
copy of Ordinance No. 558 is attached for your information and review.
RECOMMENDATION:
Staff recommends Council approval of Ordinance No. 558.
ATTACHMENTS:
1. OZ-97-OS Subject Map
2. Ordinance No. 558
3. Memorandum from October 21, 1997 Ciry Council Agenda Packet
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CITY OF OWASSO
ORDINANCE NO. 558
AN ORDINANCE APPROVING ZONING APPLICATION NUMBER
OZ-97-OS CHANGING THE ZONING OF PROPERTY LOCATED WITHIN
THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 21 NORTH,
RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM RS-2
(RESIDENTIAL SINGLE-FAMILY MEDIUM DENSITY) TO RS-3
(RESIDENTIAL SINGLE-FAMILY HIGH DENSITY), AND REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH.
WHEREAS, public hearings have been held regarding the request for rezoning of the
property herein described, and,
WHEREAS, the Owasso City Council has considered the recommendation of the
Owasso Planning Commission and all statements for and against the requested rezoning of
application OZ-97-O5.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, THAT
Section 1. The zoning classification of the following described property, to
wit:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 19, T21N, R14E,
OF THE IB&M, TULSA COUNTY, OKLAHOMA, THENCE WEST A DISTANCE
OF 576.73 FEET TO THE POINT OF BEGINNING; THENCE WEST A
DISTANCE OF 748.00 FEET, THENCE S00°06'39"E A DISTANCE OF 659.33
FEET; THENCE S89°59'19"E A DISTANCE OF 751.48 FEET; THENCE
N00°24'47"W A DISTANCE OF 659.49 FEET TO THE POINT OF BEGINNING,
CONTAINING 11.34 ACRES, MORE OR LESS,
be, and the same is hereby rezoned from RS-2 (Residential Single Family Medium Density)
to RS-3 (Residential Single-Family High Density) District.
Section 2. That all ordinances or parts of ordinances in conflict herewith
be, and the same, are hereby expressly repealed.
PASSED AND APPROVED this 4th day of November 1997.
City of Owasso, Oklahoma
Mary Lou Barnhouse, Mayor
ATTEST:
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
Ronald D. Cates, City Attorney
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
BACKGROUND:
THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
TIMOTHY ROONEY
COMMU1vITY DEVELOPMENT DIItECTOR
REZONING REQUEST
OZ-97-05
October 15, 1997
The Ciry of Owasso has received a request to rezone a 11.34 acre parcel of land from RS-2
(Residential Single-Family Medium Density) to RS-3 (Residential Single-Family High Density).
The subject property is located west of the southwest corner of E. 96th Street North and Garnett
Road, immediately south of the El Rio Vista Addition. A copy of the complete staff report
provided to the Planning Commission is attached for your information and review.
A rezoning of the subject property to RS-3 would appear to be a harmonious continuation of
both existing and proposed development in the area. If the zoning request is approved, it would
have the same zoning as El Rio Vista, Ator Heights IV, and the neighboring property to the west
which will tie into the Fairways development (zoned PUD with underlying RS-3 zoning).
Letters were mailed to all property owners within 300 feet of the request and the legal ad was
published in the Owasso Reporter. No opposing comments have been received by the
Community Development Department. The Planning Commission unanimously recommended
approval of the request at their October 14, 1997 regular meeting.
If the request is approved by the Ciry Council, an ordinance would be presented at the
November 4, 1997 Ciry Council meeting formally adopting the approval.
RECOMMENDATION:
Staff recommends Council approval of rezoning application OZ-97-O5.
ATTACHMENTS:
1. OZ-97-OS Staff Report
D
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: TIMOTHY ROONEY
CONIlVILJNITY DEVELOPMENT DIRECTOR
SUBJECT: ORDINANCE NO. 559
DATE: October 28, 1997
BACKGROUND:
At the October 21, 1997 meeting, the Owasso Ciry Council unanimously approved a request for
annexation of property described as a tract of land located within Section 17, Township 21
North, Range 14 East. The subject property is located west and north of the northwest corner
of E. 96th Street North and the Owasso Expressway. A location map is attached for your
information and review.
Attached is a copy of Ordinance No. 559 which formally adopts the City Council's action of
October 21, 1997.
RECOMMENDATION:
Staff recommends Council approval of Ordinance No. 559.
ATTACHMENTS:
1. Location Map
2. Ordinance No. 559
3. Memorandum from October 21, 1997 City Council Agenda Packet
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^ CITY OF OWASSO, OKLAHOMA
ORDINANCE NO 559
AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY
OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN
~ SECTION 17, TOWNSHIP 21 NORTH, RANGE 14 EAST, PROVIDING THAT
FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS
ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID
' TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF
OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL
PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE
^ JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF
OWASSO, OKLAHOMA, ESTABLISHING THE SAME AS PART OF WARD
ONE OF SAID CITY, RETAINING THE EXISTING ZONING THEREOF,
AND DIRECTING THE FILING OF THIS ORDINANCE.
WHEREAS, pursuant to the provisions of Title 11, Section 21-103, et seq., of the
Oklahoma Municipal Code, the City of Owasso is permitted to annex additional territory
providing a petition in writing, signed by not less than three-fourths of the legal voters and
owners of not less than three-fourths (in value) of the property hereinafter described, the same
being contiguous to the corporate limits of the City of Owasso, requesting that said property be
annexed and added to the City of Owasso is submitted; and
WHEREAS, notice of the presentation of said Petition was given by the Petitioner by
publication in the Owasso Reporter, a newspaper of general circulation published in the City of
Owasso, Oklahoma, and notice was given that said Petition would be considered by the City
^ Council of the City of Owasso, at a meeting to be held on October 21, 1997 at 7:00 PM at the
Community Center, Owasso, Oklahoma; and
WHEREAS, on the 21st day of October, 1997, said Petition was duly considered by the
' City Council and was determined to have complied with the provisions of Title 11, Section 21-
103, et seq., of the Oklahoma Municipal Code, and further, that proper legal notice of
presentation of said petition had been given; and
' NOW, THEREFORE, BE TT ORDAINED BY THE COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA.
Section 1. That the following described territory lying in Tulsa County, Oklahoma which
is contiguous to the present corporate limits of the City of Owasso and described in the petition
presented to the City Council in accordance with the provisions of Title 11, Section 21-103, et
seq. , of the Oklahoma Municipal Code, and more particularly described as follows, to-wit:
A TRACT OF LAND THAT IS PART OF SECTION 17, TOWNSHIP 21 NORTH,
RANGE 14 EAST OF THE INDIAN BASE MERIDIAN, TULSA COUNTY,
OKLAHOMA, ACCORDING TO THE US GOVERNMENT SURVEY THEREOF;
SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER
OF SAID SECTION 17; THENCE SOUTH 88°44'33" WEST ALONG THE
SOUTHERLY LINE OF SAID SOUTHWEST QUARTER FOR 1,325.39 FEET TO
THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 17; THENCE NORTH O1 ° 17'27" WEST
ALONG THE WESTERLY LINE THEREOF, FOR 1,322.82 FEET TO THE
NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER; THENCE NORTH 88°44'06" EAST ALONG THE NORTHERLY LINE
THEREOF, FOR 1,326.03 FEET TO THE NORTHEAST CORNER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH
O1 ° 15'46" WEST ALONG THE WESTERLY LINE OF THE SOUTHEAST QUARTER
OF SECTION 17 FOR 1,322.99 FEET TO THE NORTHWEST CORNER OF SAID
SOUTHEAST QUARTER; THENCE NORTH 88°43'40" EAST ALONG THE
NORTHERLY LINE OF THE SOUTHEAST QUARTER FOR 1,779.06 FEET;
THENCE NORTH Ol°20'45" WEST FOR 1,202.83 FEET; THENCE NORTH
88°43'40" EAST FOR 453.70 FEET; THENCE SOUTH O1°20'45" EAST FOR 134.63
FEET; THENCE NORTH 88°43'40" EAST FOR 415.08 FEET TO A POINT ON THE
EASTERLY LINE OF SAID SECTION 17; THENCE SOUTH O1 ° 19'58" EAST
ALONG THE EASTERLY LINE OF SECTION 17 FOR 1058.40 FEET; THENCE
SOUTH 88°39'48" WEST FOR 688.16 FEET; THENCE SOUTH O1°19'35" EAST
PARALLEL WITH THE EASTERLY LINE OF THE SOUTHEAST QUARTER OF
SECTION 17 FOR 326.39 FEET; THENCE NORTH 87°00'58" EAST FOR 688.45
FEET TO A POINT ON THE EASTERLY LINE OF SECTION 17; THENCE SOUTH
O1 ° 19'35" EAST ALONG SAID EASTERLY LINE FOR 150.12 FEET; THENCE
SOUTH 88°40'25" WEST FOR 33.00 FEET; THENCE SOUTHERLY AND
SOUTHWESTERLY ALONG THE NORTHWESTERLY RIGHT-OF-WAY LINE OF
HIGHWAY 169 AS FOLLOWS: SOUTH 12°31'48" WEST FOR 154.50 FEET;
THENCE SOUTH O1°19'35" EAST FOR 200.00 FEET; THENCE SOUTH 09°59'01"
WEST FOR 101.98 FEET; THENCE SOUTH O1 ° 19'35" EAST FOR 546.17 FEET;
THENCE SOUTH 48°54'03" WEST FOR 1,519.71 FEET TO A POINT OF CURVE;
THENCE SOUTHWESTERLY AND WESTERLY ALONG A CURVE TO THE
RIGHT WITH A CENTRAL ANGLE OF 39°50'42" AND A RADIUS OF 236.48
FEET, FOR 164.45 FEET TO A POINT OF TANGENCY; THENCE SOUTH
88°44'45" WEST ALONG SAID TANGENCY FOR 393.18 FEET; THENCE SOUTH
74°42'34" WEST FOR 309.23 FEET; THENCE SOUTH 83°31'40" WEST FOR 549.81
FEET TO A POINT ON THE EASTERLY LINE OF THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 17, SAID POINT ALSO BEING
THE ENDPOINT OF SAID NORTHWESTERLY RIGHT-OF-WAY LINE FOR
HIGHWAY 169; THENCE SOUTH O1 ° 15'46" EAST ALONG SAID EASTERLY LINE
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER FOR 50.00
FEET TO THE POINT OF BEGINNING OF SAID TRACT OF LAND; THE ABOVE
DESCRIBED TRACT CONTAINS 191.248 ACRES,
is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the
corporate limits thereof be and aze hereby extended to include the above described territory and
real estate.
Section 2. That from and after the passage and publication of this Ordinance, the real
estate and territory described in Section 1 hereof shall be a part of the City of Owasso,
Oklahoma, and in Ward One thereof, and all persons residing therein, and all property situated
thereon, shall be and aze hereby declared to be subject to the jurisdiction, control, laws, and
ordinances of the City of Owasso, Oklahoma, in all respects and pazticulazs.
Section 4. That there be filed in the office of the County Clerk of Tulsa County,
Oklahoma, a true and correct copy of this Ordinance, together with an accurate map of the
territory hereby annexed.
PASSED AND APPROVED this 4th day of November, 1997.
Mary Lou Barnhouse, Mayor
ATTEST:
Marcia Boutwell, City Clerk ~^
APPROVED AS TO FORM:
Ronald D Cates, City Attorney
1
' MEMORANDUM
' TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: TIMOTHY ROONEY
COMMiAVITY DEVELOPMENT DIRECTOR
'"'~ SUBJECT: ANNEXATION REQUEST
SIDNEY VAN JOHNSON, ET AL
DATE: October 15, 1997
BACKGROUND•
' received a re uest for the annexation of a roximately 191.248 acres
The City of Owasso has q PP
~ of undeveloped property located north and west of E. 96th Street North and the Owasso
Expressway. The subject property is owned by Sidney Van Johnson, et al and the subject map
and annexation application containing the legal description are attached for your information and
review. The subject property is AG (Agriculture) within Tulsa County and would remain zoned
~ AG upon annexation. If the annexation is approved, it is likely that a rezoning application
process would be pursued by the owners.
' The Technical Advisory Committee reviewed the annexation request at their October 1, 1997
regular meeting. At that meeting, area utility providers and staff are afforded the opportunity
to provide comments and/or address concerns regarding the annexation. No utility providers had
comments regarding the request.
~ It is interesting to note that if annexed, the subject property does not lie within the water district
boundaries of the Ciry of Owasso, but within Washington County Rural Water District #3. This
would effectively become the second large area of property within the city limits that would not
lie within Owasso's Water District (half of the Bailey Ranch Estates property is the other). Note
rrl~ that although the subject property does not lie within the Ciry of Owasso's Water District, any
development which would be served by Washington County Rural Water District and lie within
the city limits would need to meet all city specifications and standards. A copy of the water
district boundary map is attached for your information and review.
Copies of the Ciry of Owasso's annexation policies and procedures are also included within your
packet. The subject property would meet all of the noted policy guidelines. The notice for
annexation was published in the September 18th and 25th additions of the Owasso Reporter to
' notify the public of any possible Planning Commission action related to the annexation request.
The notice for annexation was also published in the October 9, 1997 Owasso Reporter to notify
the public of any possible Council action.
Staff Report
Johnson Annexation Request
Page 2 of 2
~r
The Owasso Annexation Committee unanimously approved the annexation request at their
October 6, 1997 Special Meeting. A copy of the minutes from that meeting, although not
approved, are attached for your information and review.
The Owasso Planning Commission unanimously recommended approval of the annexation
request at their October 14, 1997 regular meeting. ~
RECOMMENDATION:
Staff recommends approval of the annexation request. ~
ATTACIFIlVIENTS:
1. Case Map
2. Annexation Application and Legal Description
3. Water District Boundary Map
4. Copy of the Legal Ad
5. Ciry of Owasso annexation policy
6. City of Owasso annexation procedures
7. Annexation Committee Minutes
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: TIMOTHY D. ROONEY
COMMiJ1~TITY DEVELOPMENT DIRECTOR
SUBJECT: ORDINANCE NO. 560
COMBINING THE OFFICES OF PLUMBING AND ELECTRICAL
INSPECTOR
~ DATE: October 28, 1997
' BACKGROUND
Currently, the offices of Plumbing Inspector and Electrical Inspector for the Ciry of Owasso
' are required to be separate offices as defined by the Code of Ordinances of the City of
Owasso. Under the provisions of 59 O.S. Section 1016, any city or town in Oklahoma with
a population in excess of 4,000, but not exceeding 30,000, may create an office which
combines the powers and duties of the Plumbing Inspector and Electrical Inspector.
Mr. Gary Orr, the City of Owasso Building Inspector, is currently licensed to inspect all
' facets of construction with the exception of electrical inspections. In lieu of Mr. Orr
performing electrical inspections, the Ciry previously utilized Mr. Knebel and Mr. McCord
t (Mr. Knebel was utilized for all Commercial Electrical Inspections, while Mr. McCord was
utilized for Residential Electrical Inspections). With the resignation of Mr. Knebel, the city
has recently contracted with Mr. Burr Kannady to perform Commercial Electrical
~ Inspections.
If the offices of Plumbing Inspector and Electrical Inspector were to be combined as outlined
above, Mr. Orr would then have the ability to perform all facets of Electrical Inspections
r through the utilization of a provisional license. A provisional license would provide Mr. Orr
with a two year time frame in which to obtain the required Electrical Inspector's License,
' and legally allow for Mr. Orr to perform those inspections in the interim.
Ordinance No. 560 would officially combine those offices and duties, thus allowing Mr. Orr
~ to perform electrical inspections by obtaining a provisional license. Please note, however,
that while Mr. Orr is more than confident in his abilities to perform residential electrical
inspections, his knowledge of commercial electrical inspections is limited. Mr. Kannady
would still be utilized to perform commercial electrical inspections until Mr. Orr obtained the
~ required Commercial Electrical License.
RECOM1ViENDATION
Staff recommends approval of Ordinance No. 560, thus combining the offices of Plumbing
Inspector and Electrical Inspector.
ATTAC>EIl~IENTS
1. Ordinance No. 560
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 560
AN ORDINANCE RELATING TO PART 5, BUII,DING
REGULATIONS AND CODES, CHAPTER 2, PLUMBING
REGULATIONS, SECTION 5-206 PLUMBING
'+ INSPECTOR, OFFICE CREATED, DUTIES, OF THE
CODE OF ORDINANCES OF THE CTTY OF OWASSO,
OKLAHOMA, AMENDING SAME BY PROVIDING FOR
COMBINATION OF POWERS AND DUTIES OF
PLUMBING INSPECTOR AND ELECTRICAL
INSPECTOR, DECLARING AN EFFECTIVE DATE.
~
WHEREAS, under the provisions of 59 O.S. Section 1016 -Municipal Plumbing
Inspector -Combined Plumbing Inspector and Electrical Inspector, any city or town in this
state, with a population in excess of four thousand (4,000) but not exceeding thirty (30,000),
may create an office which combines the powers and duties of the Plumbing Inspector and
~ the Electrical Inspector, and,
WHEREAS, it is deemed advisable by the City Council of the City of Owasso,
' Oklahoma, that the office of Plumbing Inspector heretofore created by ordinance as codified
in Section 5-206 should be amended to provide for such combination of the powers and
- duties of the Plumbing Inspector and the Electrical inspector.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF OWASSO, THAT, TO-WIT:
Section One. Part 5, Building Regulations and Codes, Chapter 2 Plumbing
~ Regulations, Section 5-206 Plumbing Inspector, Office Created, Duties, should be and same
hereby is amended to provide as follows, to-wit:
t Plumbing Inspector -Electrical Inspector, Office Created, Duties
The office of Inspector of Plumbing and Electrical Inspector is hereby created and
- shall be filled and the duties of the office performed by some person appointed by the City
Manager. Such person shall have at least five (5) yeazs practical experience in plumbing and
electrical business and shall not be interested, directly or indirectly, in any firm or
corporation engaged in a plumbing or electrical business. The City Manager may appoint
some other person deemed qualified for such office if such person, within two (2) yeazs after
'~ the date of appointment, successfully passes the examination for a license as a Plumbing
Inspector and the examination for the license as an Electrical Inspector conducted by a
recognized national building code or standard service. Such person shall not be interested,
directly or indirectly, in any firm or corporation engaged in the plumbing or electrical
business. Such Plumbing-Electrical Inspector shall enforce and implement all plumbing
regulations as set forth in Chapter 2, Section 5-201 et seq., and Electrical Installations as set
' forth in Chapter 3, Section 5-301 et seq., of the code of ordinances of the City of Owasso,
Oklahoma.
Section Two. That upon passage, this ordinance shall become effective thirty (30)
days from the date of first publication as provided by state law.
Dated this 4th day of November, 1997.
CITY OF OWASSO, OKLAHOMA
By:
Mary Lou Bamhouse, Mayor
ATTEST:
Mazda Boutwell, City Clerk
APPROVED AS TO FORM:
Ronald D. Cates, City Attorney
' MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: REGENA GUTHRIE
SUBJECT: FLEXIBLE SPENDING PLAN ADMINISTRATOR
AND PLAN DOCUMENT
DATE: OCTOBER 28, 1997
BACKGROUND:
The City of Owasso Employee Benefits Committee during their annual review of benefits prior
to the budget process, determined that a change in administrators for the Flexible Spending Plan
(Pre-Tax) could save the City administrative costs as well as providing quicker reimbursement
to employees. During 1992 the Flexible Spending Plan was added to the employee benefits
package to take advantage of the tax savings from paying premiums for insurance, dependent
care expenses, etc., before taxes. A Cafeteria Plan, within the context of Section 125 of the
Internal Revenue Code was adopted for the benefit of the eligible employees with Member
Service Life as its administrator.
The current administrator, Member Service Life charges $1, 800 per year, plus other report
preparation charges. AFLAC's Flex One, will administer the Flexible Spending Plan at a
maximum cost of $567 per year ($ 2.25 per enrolled employee per month), and a potential
ZERO cost for services. AFLAC offers a zero cost program if 20 or more employees enroll
in a product that is offered by AFLAC within the Flexible Spending Plan. In addition, AFLAC
has the ability to add disability income insurance which can be purchased through payroll
deduction by employees. Group medical, vision, dental, accident, and cancer insurance as well
as medical care expense reimbursement and dependent care expense reimbursement will continue
to be available to employees on a Pre-tax Premium basis.
When an administrator change is made, a new plan document as well as an Adoption Agreement
must be approved by the City Council. Accordingly, the proposed plan document and Adoption
Agreement was reviewed and approved by the City Attorney. The plan document is simply a
FLEXIBLE SPENDING PLAN ADMINISTRATOR
OCTOBER 28, 1997
PAGE TWO
requirement by the Internal Revenue Service for companies who have Cafeteria Plans (Flexible
Spending Accounts) and must be re-issued when an administrator change is made. The plan
document is a legal description of how taxes are affected. This document is prepared to tell the
Internal Revenue Service why an employee is able to avoid paying taxes on earned payroll
dollars.
RECOMMENDATION:
Staff recommends approval of the Adoption Agreement and Plan Document from AFLAC's Flex
One for the Flexible Spending Account and that the Mayor be authorized to execute the
document.
ATTACI~VIENT:
1. Plan Document
(NOTE: If you have questions or concerns, please call Regena Guthrie)
1
1
1
ADOPTION AGREEMENT FOR:
CITY OF OWASSO
i~
FLEXIBLE BENEFITS PLAN
ESTABLISHMENT OF THE PLAN
The Employer named below established as set forth herein, a Flexible Benefits Plan (the "Plan") as of
the Effective Date consisting of this Adoption Agreement, the Plan Document and the Benefit Plans and
Policies specifically referred to herein including the Dependent Care Expense Reimbursement Plan
and/or an Medical Care Expense Reimbursement Plan. The purpose of the Flexible Benefits Plan is to
provide eligible Employees a choice between cash and the specified welfare benefits described in this
Adoption Agreement. Pre-tax Premium elections under the Plan are intended to qualify for the exclusion
from income provided in Section 125 of the Internal Revenue Code of 1986.
EMPLOYER INFORMATION
1) Name and Address of Employer/ CITY OF OWASSO
Plan Administrator: MICHELE DEMPSTER
207 S. CEDAR
OWASSO, OK 74055
2) Employer Telephone Number:
3) Employer's Federal Tax
Identification Number:
4) Employer's Fiscal Year:
5) Effective Date of this Plan:
6) Last Day of the First Plan Year:
Subsequent Plan Years:
7) Name and Address of the
Claims Processor:
(918) 272-2251
8) Name and Address of any Trustee
of the Plan:
9) Name and Address of registered
agent for service of legal
process:
04/30/97 version
73-6069613
07/01-06/30
01/01/98
12/31/98
01 /01-12/31
CLAIMS PROCESSOR: FLEX ONE
1932 WYNNTON ROAD
COLUMBUS, GA 31999
NONE
RONALD D. CATES
CITY ATTORNEY
1
Copyright January 1, 1990
P ROCFP.3
10) Affiliated Employers which
will participate in the Plan:
11) Employer's type of business: OTHER
2
PROCFP.3
1
1
ELIGIBILITY
All Employees employed by the Employer shall be eligible to participate under the Plan except the
following: (Describe)
An eligible Employee may become a Participant in the Plan:
( ) Immediately, upon his first day of employment (but not prior to the Effective Date of the Plan
( ) On the day following commencement of employment
( ) On the first day of the month following days of employment
(X) SAME DAY ELIGIBILITY BEGINS ON HEALTH CARE PLAN
' provided the Employee completes a Salary Redirection Agreement. However, eligibility for
coverage under any given Benefit Plan or Policy shall be determined by the terms of that
Benefit Plan or Policy, and reductions of the Employee's Compensation to pay Pre-tax or
After-tax Premiums shall commence when the Employee becomes covered under the
applicable Benefit Plan or Policy.
~ BENEFITS PROVIDED UNDER THE PLAN
The Employer elects to offer to eligible Employees the following Benefit Plans and Policies subject to
the terms and conditions of the Plan. These component Benefit Plans and Policies are specifically
incorporated herein by reference. The maximum Pre-tax Premiums a Participant can contribute via the
Salary Redirection Agreement is the aggregate cost of the applicable Benefit Plans or Policies selected
minus any Nonelective Contribution made by the Employer. It is intended that such Pre-tax Premium
amounts shall, for tax purposes, constitute an Employer contribution, but may constitute Employee
contributions for state insurance law purposes.
X
X )
X )
X)
X )
X )
1 ~X,
Group Medical Insurance.
Vision Care Insurance.
Disability Income-Short Term (A&S).
Cancer Insurance.
Accidental Death and Dismemberment.
Group Dental Coverage.
Group Term Life Insurance.
Disability Income-Long Term (LTD).
Intensive Care Insurance.
Accident Insurance
Hospital Indemnity Insurance (HIP)
Medical Care Expense Reimbursement described in Section 5.01(b) of the Plan, not to exceed
2,000 per Plan Year pursuant to the
CITY OF OWASSO
Medical Care Expense Reimbursement Plan.
Dependent Care Expense Reimbursement described in Section 5.01(c) of the Plan not to
exceed $5,000 per Plan Year or $2,500 for married filing separate returns pursuant to the
CITY OF OWASSO
Dependent Care Expense Reimbursement Plan.
.3 PROCFP.3
THE FUNDING AGENT
The Employer selects the following Funding Agent for the Plan (check one):
^ The Employer, which will comply with the requirements of Section 7.02 of the Plan.
^ The Flexible Benefits Trust created concurrently with the execution of the Plan, which
shall receive contributions under the Plan in accordance with Section 7.03 of the Plan.
ADMINISTRATIVE EXPENSES
Administrative Expenses incurred in operating the Plan shall be paid by (check one):
^ The Employer, except as otherwise noted in the Plan.
^ The Participants, except as otherwise noted in the Plan.
EMPLOYER'S ACKNOWLEDGEMENT
As evidenced by the formal execution of this Adoption Agreement, the undersigned Employer adopted
and established this Plan on the Effective Date as the Flexible Benefits Plan of the undersigned
Employer. In doing so, the undersigned Employer acknowledges that this Adoption Agreement and this
Plan are important legal instruments with significant legal and tax implications.
The Employer also acknowledges that it has read this Adoption Agreement and the Plan in their entirety,
has consulted independent legal and tax counsel other than representatives of American Family Life
Assurance Company of Columbus (AFLAC), to the extent considered necessary, and accepts full
responsibility for participation of Employees hereunder and the operation of the Plan. The Employer
acknowledges that as sponsor, it and the Plan Administrator (if different from the Employer) shall have
sole responsibility to comply with all filing, reporting, and disclosure requirements imposed by the
Department of Labor, Internal Revenue Service, or any other government agency, specifically including,
but not limited to creating, filing, and distributing Summary Annual Reports, Form 5500's, and Summary
Plan Descriptions. Furthermore, the Employer further acknowledges that it shall bear sole responsibility
for amending the Plan as necessary to ensure compliance with applicable tax, labor, and other laws and
regulations.
It is also understood and agreed that American Family Life Assurance Company of Columbus (AFLAC),
and its Subsidiaries, agents, and representatives, are not providing legal or tax advice to the
undersigned Employer in connection with this Plan and that no representations are made by it with
respect to the operation of the Flexible Benefits Plan pursuant to the sample documents provided by
American Family Life Assurance Company of Columbus (AFLAC) to the Employer.
This Plan shall be construed and enforced according to the Internal Revenue Code of 1986, as
amended from time to time, the applicable regulations thereto and the laws of the state of the principal
place of business of the Employer.
4 PROCFP.3
IN WITNESS WHEREOF, the Employer has caused this Plan and Adoption Agreement to be executed
on the day of 19 to ratify the adoption of the Plan adopted and effective as of
the Effective Date.
WITNESS:
Employer:
By:
Title:
Date:
i~
Corporate Secretary
5
PROCFP.3
TABLE OF CONTENTS
FLEXIBLE BENEFITS PLAN
PREAMBLE
ARTICLE I -DEFINITIONS
1.01 "Affiliated Employer"
1.02 "After-tax Premium(s)"
1.03 "Anniversary Date"
1.04 "Benefit Plan(s) or Policy(ies)"
1.05 "Board of Directors"
1.06 "Change in Family Status"
1.07 "Code"
1.08 "Compensation"
1.09 "Dependent"
1.10 "Dependent Care Expense Reimbursement"
1.11 "Earned Income"
1.12 "Effective Date"
1.13 "Eligible Employment Related Expenses"
1.14 "Eligible Medical Expenses"
1.15 "Employee"
1.16 "Employer"
1.17 "FRIBA"
1.18 "Highly Compensated Individual"
1.19 "Key Employee"
1.20 "Medical Care Expense Reimbursement"
1.21 "Nonelective Contributions"
1.22 "Participant"
1.23 "Plan"
1.24 "Plan Administrator"
1.25 "Plan Year"
1.26 "Pre-tax Premium(s)"
1.27 "Qualified Benefit"
1.28 "Qualifying Employment-Related Expenses"
1.29 "Qualifying Individual"
1.30 "Qualifying Services"
1.31 "Reimbursement Account(s) or Account(s)"
1.32 "Salary Redirection Agreement"
1.33 "Spouse"
1.34 "Student"
1.35 "Trustee"
ARTICLE II -ELIGIBILITY AND PARTICIPATION
2.01 Eligibility to Participate
2.02 Entry Date
2.03 Termination of Participation
2.04 Eligibility to Participate in Reimbursement Benefits
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PROCFP7.4
ARTICLE III -PREMIUM ELECTIONS 6
3.01 Election of Premiums 6
3.02 Initial Election Period 6
3.03 Annual Election Period 7
3.04 Change of Premium Election 7
3.05 Termination of Election 8
ARTICLE IV -PREMIUM PAYMENTS AND CREDITS
AND DEBITS TO ACCOUNTS 8 ~
4.01 Source of Premium Payments 8
4.02 Allocations Irrevocable During Plan Year 8
4.03 Reduction of Certain Elections to Prevent Discrimination 8
4.04 Modification of Amount Withheld due to Premium Increases 8 ~
4.05 Medical Expense Reimbursement 9
4.06 Dependent Care Expense Reimbursement 9
ARTICLE V -BENEFITS 10
5.01 Qualified Benefits 10
5.02 Cash Benefit 12
5.03 Repayment of Excess Reimbursements 12
5.04 Termination of Reimbursement Benefits 12
5.05 COBRA Coverage 12
5.06 Coordination of Benefits Under Health FSA 12
ARTICLE VI -PLAN ADMINISTRATION 13
6.01 Allocation of Authority 13
6.02 Provision for Third-Party Plan Service Providers 13
6.03 Fiduciary Liability 14
6.04 Compensation of Plan Administrator 14
6.05 Bonding 14
6.06 Payment of Administrative Expenses 14
6.07 Funding Policy 14 "~
6.08 Disbursement Reports 14
6.09 Reporting and Disclosure Obligations 14
6.10 Indemnification 14
6.11 Substantiation of Expenses 15
6.12 Reimbursement 15 ',I
6.13 Annual Statements 15
ARTICLE VII -FUNDING AGENT 15
7.01 Funding of the Plan 15
7.02 The Employer as Funding Agent 15
7.03 Trust as Funding Agent 15 ~
PROCFPI.4
ARTICLE VIII -CLAIMS PROCEDURES 16
8.01 Application to Plan Benefits 16
8.02 Procedure if Benefits are Denied Under the Plan 16
8.03 Requirement for Written Notice of Claim Denial 16
8.04 Right to Request Hearing on Benefit Denial 17
8.05 Disposition of Disputed Claims 17
ARTICLE IX -AMENDMENT OR TERMINATION OF PLAN 17
9.01 Permanency 17
9.02 Employer's Right to Amend 17
9.03 Employer's Right to Terminate 17
9.04 Determination of Effective Date of Amendment or Termination 17
ARTICLE X -GENERAL PROVISIONS 18
10.01 Not an Employment Contract 18
10.02 Applicable Laws 18
10.03 Post-Mortem Payments 18
10.04 Nonalienation of Benefits 18
10.05 Mental or Physical Incompetency 18
10.06 Inability to Locate Payee 18
10.07 Requirement for Proper Forms 18
10.08 Source of Payments 18
10.09 Multiple Functions 19
10.10 Tax Effects 19
10.11 Gender and Number 19
10.12 Headings 19
10.13 Incorporation by Reference 19
10.14 Severability 19
10.15 Effect of Mistake 19
10.16 Provisions Relating to Insurers 20
ARTICLE XI -CONTINUATION COVERAGE UNDER COBRA 20
11.01 Continuation Coverage After Termination of Normal Participation 20
11.02 Who is a "Qualified Beneficiary" 20
11.03 Who is not a "Qualified Beneficiary" 20
11.04 What is a "Qualifying Event" 20
11.05 What Benefit is Available Under Continuation Coverage 21
11.06 Notice Requirements 21
11.07 Election Period 22
11.08 Duration of Continuation Coverage 22
11.09 Automatic Termination of Continuation Coverage 22
PROCFPI .4
PREAMBLE
The Employer hereby establishes a Flexible Benefits Plan ("Plan") for its Employees for purposes of
providing eligible Employees with the opportunity to choose from among the fringe benefits available under the
Plan. The Plan is intended to qualify as a cafeteria plan under the provisions of Code Section 125. The
Dependent Care Expense Reimbursement Plan ("DCR") is intended to qualify as a Code Section 129
dependent care assistance plan, and the Medical Care Expense Reimbursement Plan is intended to qualify as a
Code Section 105 medical expense reimbursement plan. Although printed within this document, the DCR and
Medical Care Expense Reimbursement Plans are separate written plans for purposes of administration and all
reporting and nondiscrimination requirements imposed by Sections 105 and 129 of the Code and all applicable
provisions of ERISA.
PROCFPI.4
' FLEXIBLE BENEFITS PLAN
ARTICLE I
DEFINITIONS
1.01 "Affiliated Employer" means any Employer within the context of Code Section 414(b), (c), (m), or
' (n) of the Code which will be treated as single employer for purposes of Code Section 125.
1.02 "After-tax Premium(s)" means amounts withheld from an Employee's Compensation pursuant to
a Salary Redirection Agreement to purchase coverages available under the Adoption Agreement on an after-tax
basis.
1.03 "Anniversary Date" means the first day of any Plan Year.
~ 1.04 "Benefit Plan(s) or Policy(ies)" means those coverages available to a Participant under the
Adoption Agreement.
^
1.05 "Board of Directors" means the Board of Directors of the Employer.
~ 1.06 "Change in Family Status" means, and is limited to, a Participant's marriage or divorce; the
death of a Participant's spouse or child; the birth or adoption of a Participant's child; the termination of
employment (or commencement of employment) of the Participant's spouse; a change in employment status
from full-time to part-time (or vice versa) by the Participant or the Participant's spouse; an unpaid leave of
absence by either the Participant or the Participant's spouse; a significant change in the health coverage of the
Participant or the Participant's spouse's attributable to the spouse's employment; or such other events as may
be described by the Internal Revenue Service from time to time as a Change in Family Status.
1.07 "Code" means the Internal Revenue Code of 1986, as amended.
1.08 "Compensation" means the cash wages or salary paid to an Employee by the Employer.
1.09 "Dependent" means any individual who is a dependent of the Participant within the purview of
Code Sec. 152(a), except for the Dependent Care Expense Reimbursement Plan, in the case of an Employee
who has been divorced, Dependent shall be defined as set forth in Section 21(e)(5) (e.g., dependent of the
custodial parent).
1.10 "Dependent Care Expense Reimbursement" shall have the meaning assigned to it by Section
5.01(c) of the Plan.
PROCFPI.4
1.11 "Earned Income" means all income derived from wages, salaries, tips, self-employment, and
other Employee Compensation (such as disability or wage continuation benefits), but does not include (a) any
amounts received pursuant to any dependent care assistance program under Section 129 of the Code, (b) any
amount received as a pension or annuity, or (c) workers compensation. _
1.12 "Effective Date" means the effective date of the Plan specified in the Adoption Agreement.
1.13 "Eligible Employment Related Expenses" means those Qualifying Employment-Related
Expenses (as defined below) paid or incurred incident to maintaining employment after the date of the
Employee's participation in the Dependent Care Expense Reimbursement Plan and during the Plan Year, other
than amounts paid to: ~
(a) an individual with respect to whom a Dependent deduction is allowable under Code Sec. 151(a)
to the Participant or his Spouse;
(b) the Participant's Spouse; or
(c) a child of the Participant who is under 19 years of age.
1.14 "Eligible Medical Expenses" means those expenses incurred by the Employee, or the
Employee's Spouse or Dependents, after the date of the Employee's participation in the Medical Care Expense
Reimbursement Plan and during the Plan Year otherwise allowable as deductions under Code Sec. 213 (without
regard to the limitations contained in Sec. 213(a)), but shall not include an expense incurred for the payment of
premiums under a health insurance plan. For purposes of this Plan, an expense is "incurred" when the
Participant or beneficiary is furnished the medical care or services giving rise to the claimed expense.
1.15 "Employee" means any individual who is considered to be in a legal employer-employee
relationship with the Employer for federal withholding tax purposes. Such term includes "former employees" for
the limited purpose of allowing continued eligibility for benefits hereunder for the remainder of the Plan Year in
which an employee ceases to be employed by the Employer. The term "Employee" shall not include any
self-employed individual who receives from the Employer "net earnings from self employment" within the
meaning of Code Section 401(c)(2) unless such individual is also an Employee.
1.16 "Employer" means the organization(s) named in the Adoption Agreement, provided, however,
that when the Plan provides that the Employer has a certain power (e.g., the appointment of a Plan
Administrator, entering into a contract with a third party insurer, or amendment or termination of the plan) the
term "Employer" shall mean only that entity named on the first line of the Adoption Agreement, and not any
Affiliated Employer. Affiliated Employers who sign the Adoption Agreement shall be bound by the Plan as
adopted and subsequently amended unless they clearly withdraw from participation herein.
2
PROCFP7.4
' 1.17 "FRIBA" shall mean the Employee Retirement Income Security Act of 1974, as amended.
1.18 "Highly Compensated Individual" means an individual defined under Code Section 125(e),
t 129(d)(2), or 105(h)(5), as amended, as a "highly compensated individual" or a "highly compensated
employee."
~ 1.19 "Key Employee" means an individual who is a "key employee" as defined in Code Section
125(b)(2), as amended.
1.20 "Medical Care Expense Reimbursement" shall have the meaning assigned to it by Section
5.01(b) of the Plan.
1.21 "Nonelective Contribution(s) means any amount which the Employer in its sole discretion may
contribute on behalf of each Participant to provide benefits for such Participant and his or her Dependents, if
' applicable under the Plan. The amount of Nonelective Contribution for each Participant may be adjusted
upward or downward in the contributing Employer's sole discretion. The amount shall be calculated for each
Plan Year in a uniform and nondiscriminatory manner based upon the Participant's dependent status,
~ commencement or termination date of the Participant's employment during the Plan Year, and such other
factors as the Employer shall prescribe. In no event will any Nonelective Contribution be disbursed to a
Participant if the cost of the benefit(s) elected is less than the Nonelective Contribution allocable thereto. Any
excess shall be returned to the Employer.
~ 1.22 "Participant" means an Employee who becomes a Participant pursuant to Article II.
' 1.23 "Plan" means the Adoption Agreement, the Flexible Benefits Plan and (if applicable) the related
Trust created by this document.
~ 1.24 "Plan Administrator" means the person(s) appointed by the Employer with authority and
responsibility to manage and direct the operation and administration of the Plan. If no such person is named,
the Plan Administrator shall be the Employer.
1.25 "Plan Year" means the twelve month period specified in the Adoption Agreement provided,
'~ however, that a period of less than twelve months may be a Plan Year for the initial Plan Year, the final Plan
Year, and a transition period to a different Plan Year.
1.26 "Pre-tax Premium(s)" means any amount withheld from the Employee's Compensation pursuant
to a Salary Redirection Agreement which is intended to be paid on a pre-tax basis. This amount shall not
exceed the amount specified in the Adoption Agreement, and for purposes of Code Section 125, shall be
treated as an Employer contribution (this amount may, however, be treated as an Employee contribution for
purposes of state insurance laws).
3
PROCFPI.4
1.27 "Qualified Benefit" means any benefit excluded from the Employee's taxable income under ,
Chapter 1 of the Code (other than Sections 117, 124, 127, or 132), and any other benefit permitted by the
Income Tax Regulations (i.e., group-term life insurance coverage that is includable in gross income by virtue of
exceeding the dollar limitation on nontaxable coverage under Code Sec. 79).
1.28 "Qualifying Employment-Related Expenses" means those expenses that would be considered 1
to be employment-related expenses under Section 21(b)(2) of the Code (relating to expenses for household and
dependent care services necessary for gainful employment) if paid for by the Employee to provide Qualifying ,
Services.
1.29 "Qualifying Individual" means:
(a) a Dependent of the Participant who is under the age of thirteen (13); ~+
(b) a Dependent of a Participant who is mentally or physically incapable of caring for himself or herself;
or
(c) the Spouse of a Participant who is mentally or physically incapable of caring for himself or herself. ~
1.30 "Qualifying Services" means services relating to the care of a Qualifying Individual that enable
the Participant or his Spouse to remain gainfully employed which are performed:
(a) in the Participant's home; or
(b) outside the Participant's home for (I) the care of a Dependent of the Participant who is under age
13, or (2) the care of any other Qualifying Individual who resides at least eight (8) hours per day in the
Participant's household. If the expenses are incurred for services provided by a dependent care center
(i.e., a facility that provides care for more than 6 individuals not residing at the facility), the center must
comply with all applicable state and local laws and regulations.
1.31 "Reimbursement Account(s) or Account(s)" shall be the funding mechanism by which amounts
are withheld from an Employee's Compensation and retained for future Medical Care Expense Reimbursement '
or Dependent Care Expense Reimbursement. These amounts may either be retained by the Employer, sent to
a third parry plan administrator, and/or kept in trust for Employees. No money shall actually be allocated to any
individual Participant Account(s); any such Account(s) shall be of a memorandum nature, maintained by the ~
Administrator for accounting purposes, and shall not be representative of any identifiable trust assets. No
interest will be credited to or paid on amounts credited to the Participant Account(s).
4
PROCFP7.4 '
' 1.32 "Salary Redirection Agreement" means the form by which an eligible Employee or Participant
enrolls in the specific component Benefit Plans or Policies and elects Pre-tax Premiums or After-tax Premiums
in accordance with Article III.
' 1.33 "Spouse" means an individual who is legally married to a Participant, but for purposes of the
Dependent Care Expense Reimbursement Plan provisions, shall not include an individual legally separated from
the Participant under a divorce or separate maintenance decree, nor shall it include an individual who, although
~ married to the Participant, files a separate federal income tax return, maintains a separate, principal residence
from the Participant during the last six months of the taxable year, and does not furnish more than one-half of
the cost of maintaining the principal place of abode of the Qualifying Individual.
~ 1.34 "Student" means an individual who, during each of five (5) or more calendar months during the
Plan Year, is a full time student at any college or university, the primary function of which is the conduct of
formal instruction, and which routinely maintains a regular faculty and curriculum and normally has an enrolled
' student body in attendance at the location where its educational activities are regularly presented.
1.35 "Trustee" (if applicable) means the person(s) or institution (and their successors) named on the
+~ signature page attached hereto, who have assented to being so named by their signature to this Agreement,
otherwise empowered to hold and disburse the funds that are created hereunder.
ARTICLE II
ELIGIBILITY AND PARTICIPATION
2.01 Eligibility to Participate. Each Employee who meets the criteria set forth in the Adoption
Agreement shall be eligible to participate in the Plan as of any applicable Entry Date. Eligibility for the benefits
elected in the Adoption Agreement shall be subject to the additional requirements, if any, specified in the
applicable Benefit Plan or Policy. The provisions of this Article are not intended to override any eligibility
requirement(s) or waiting period(s) specified in the applicable Benefit Plans or Policies.
~ 2.02 Entry Date. Each eligible Employee shall become a Participant in the Plan on the Entry Date
specified in the Adoption Agreement provided that he has satisfied the requirements of the Adoption Agreement.
2.03 Termination of Participation. Participation shall terminate on the earliest of: i) the date an
Employee ceases to be an Employee; ii) when an Employee ceases to meet the eligibility requirements of
Section 2.01 of this Agreement Plan; iii) the date a participant revokes a Salary Redirection Agreement pursuant
to Section 4.02; or iv) the date the Plan terminates. Provided, however, that a former Employee who makes
required contributions for coverage under the Company's Benefit Plans or Policies shall be deemed to continue
his participation in the Plan (to the extent thereof) as long as such contributions are made.
PROCFPI.4
Subject to any specific limitations for any particular benefit which the Participant has elected, (a)
participation shall be continued during a leave of absence for which the Participant continues to receive a salary
from his or her employer and (b) participation shall be suspended during an unpaid leave of absence, provided
that nothing in this Section shall prevent a Participant on unpaid leave from utilizing any available
Reimbursement Account benefits, as provided below, as if such Participant were otherwise actively employed
by the Company.
2.04 Eligibility to Participate in Reimbursement Benefits. An Employee, who is otherwise an
Eligible Participant pursuant to Sections 2.01 and 2.02 shall be eligible to receive Medical and/or Dependent
Care Expense Reimbursements (if selected by the Employer in the Adoption Agreement) if a Salary Redirection
Agreement is properly executed and submitted on which the aforementioned benefit(s) have been selected. ,~
ARTICLE III
PREMIUM ELECTIONS
3.01 Election of Premiums. A Participant may elect any combination of Pre-tax Premiums or After-tax
Premiums to fund any Benefit Plan or Policy available under the Adoption Agreement, provided however, that
only Qualified Benefits (other than group term life insurance coverage in excess of $50,000) may be funded with
Pre-tax Premiums.
3.02 Initial Election Period.
(a) Currently Eligible Employees. An Employee who is eligible to become a Participant in this Flexible ,r
Benefits Plan as of the Effective Date must complete, sign and file a Salary Redirection Agreement with the
Plan Administrator during the election period (as specified by the Plan Administrator) immediately preceding the
Effective Date in order to become a Participant on the Effective Date. The elections made by the Participant on
this initial Salary Redirection Agreement shall be effective, subject to Section 3.04, -for the Plan Year beginning
on the Effective Date.
(b) New Employees and Employees Who Have Not Yet Satisfied The Flexible Benefit Plan's Waiting ~
Period. An Employee who becomes eligible to become a Participant in this Flexible Benefits Plan after the
Effective Date must complete, sign and file a Salary Redirection Agreement with the Plan Administrator during °~
the sixty (60) day period prior to the day the Employee first becomes eligible to participate in this Plan. If an
Employee is eligible to participate in this Flexible Benefits Plan on the date he is first hired, a Salary Redirection
Agreement must be completed, signed, and filed with the Plan Administrator within thirty (30) days from the date
of hire. The elections made by the Participant on this initial Salary Redirection Agreement shall be prospectively
effective as of the first pay period coinciding with or immediately following the date that the Salary Redirection
Agreement is filed (or if later, the date of the employee's eligibility under the Flexible Benefits Plan) and, subject
to Section 3.04, ending on the last day of the Plan Year in which such participation began. Coverage under the "~
component Benefits Plan or Policies will be effective in accordance with the eligibility requirements contained in
such Benefits Plans or Policies.
PROCFPI.4
(c) An eligible Employee who fails to complete, sign and file a Salary Redirection Agreement with the
Plan Administrator in accordance with paragraph (a) or (b) above during an initial election period may become a
participant on a later date in accordance with Section 3.03 or 3.04.
3.03 Annual Election Period. Each Employee who is a Participant or who is eligible to become a
Participant may complete, sign and file a Salary Redirection Agreement during the election period (as specified
by the Plan Administrator) preceding each Anniversary Date to be effective for the entire Plan Year beginning on
the Anniversary Date. A Participant who fails to complete, sign and file a Salary Redirection Agreement as
required by this Section 3.03 shall be deemed to have elected to continue the same coverages under the
Benefit Plans or Policies funded by the same election (e.g., either Pre-tax Premiums or After-tax Premiums
adjusted to reflect any increase or decrease in premium/cost) then in effect for such Participant.
Notwithstanding the foregoing, annual elections for participation in the Medical Care and Dependent Care
Expense Reimbursement Plans must be made by submitting a Salary Redirection Agreement prior to the
beginning of each Plan Year -- no deemed elections shall occur under such Plans.
3.04 Change of Premium Election.
(a) A Participant may change or terminate his or her Pre-tax Premiums elected on the Salary
Redirection Agreement within thirty (30) days of the occurrence of a Change in Family Status, but only if such
change or termination is made on account of, and is consistent with, the Change in Family Status. An
Employee who is eligible to become a Participant but failed to complete a Salary Redirection Agreement during
the initial election period pursuant to Section 3.02(a) or (b) may become a Participant and file a Salary
Redirection Agreement with respect to Pre-tax Premiums within thirty (30) days of the occurrence of a Change
in Family Status, but only if the election under the new Salary Redirection Agreement is made on account of
and is consistent with, the Change in Family Status. Elections made pursuant to this Section 3.04 shall be
effective for the balance of the Plan Year in which the election is made beginning on the first day of the pay
period next following the day the new Salary Redirection Agreement is filed with the Plan Administrator, other
than as provided in Section 3.04(b), below.
(b) A Participant may revoke a prior election with respect to Pre-tax Premiums and in lieu thereof,
receive on a prospective basis, coverage under another health plan with similar coverage if any independent,
third-party provider of medical benefits previously elected by the Participant either significantly increases the
premiums for such coverage, or significantly curtails the coverages available under such plans, during the Plan
Year coverage period. A Participant otherwise entitled to make an alternate election under this Section must do
so within 30 days of receipt of a written notice from the Plan Administrator of the significant change in cost or
composition of the benefit originally elected. Such revocation and new election shall be effective on the first
day of the payroll period coincident with or immediately following the date the Participant files his new Salary
Redirection Agreement with the Plan Administrator.
7
PROCFPI.4
3.05 Termination of Election. Except as otherwise provided in Section 2.03, Termination of
employment shall automatically revoke any Salary Redirection Agreement. If revocation occurs under this
Section 3.05, no new election with respect to Pre-tax Premiums may be made by such Participant during the
remainder of the Plan Year.
ARTICLE IV
PREMIUM PAYMENTS AND CREDITS AND DEBITS TO ACCOUNTS
4.01 Source of Premium Payments. The Employer shall withhold from a Participant's Compensation
on a Pre-tax or After-tax basis (as elected on the Salary Redirection Agreement) an amount equal to the
contributions required from the Participant (less any applicable Nonelective Contribution) for coverage of the
Participant, or the Participant's spouse or dependents, under the Benefit Plans or Policies elected by the
Participant and maintained by the Employer as noted in the Adoption Agreement. Amounts withheld from a
Participant's Compensation as Pre-tax Premiums or After-tax Premiums shall be forwarded to the appropriate
insurer as soon as administratively feasible (or kept by the Employer or kept in trust in the event of a
self-insured plan). The maximum amount of Pre-tax Premiums plus any Nonelective Contribution made
available by the Employer for the benefit of each Plan Participant shall not exceed the aggregate amount set
forth in the Adoption Agreement.
4.02 Allocations Irrevocable During Plan Year. Except as provided in Sections 3.04, 3.05, 4.03, and
4.04, neither (i) the insurance coverages nor amounts withheld therefor elected under Section 5.01(a), nor (ii)
the amount to be credited to a Participant Account during the Plan Year pursuant to Sections 4.05 and 4.06, nor
(iii) the allocation of such amounts to the appropriate Account(s) of the Participant, can be changed during the
Plan Year.
4.03 Reduction of Certain Elections to Prevent Discrimination. If the Plan Administrator
determines, before or during any Plan Year, that the Plan may fail to satisfy for such Plan Year any requirement
imposed by the Code or any limitation on Pre-tax Premiums allocable to Key Employees or to Highly
Compensated Individuals, the Plan Administrator shall take such action(s) as he deems appropriate, under rules
uniformly applicable to similarly situated Participants, to assure compliance with such requirement or limitation.
Such action may include, without limitation, a modification or revocation of a Highly Compensated Individual's or
Key Employee's Salary Redirection Agreement without the consent of such Employee.
4.04 Modification of Amounts Withheld due to Premium Increases. If the cost of a health plan
provided by an independent, third party provider increases or decreases during a Plan Year, then any Participant
who has elected to participate in such health plan shall be required to make a corresponding change in his or
her premium payments, and the Plan Administrator shall increase or decrease, as the case may be, the Pre-tax
Premiums or After-tax Premiums (as applicable) under each affected Participant's Salary Redirection
Agreement.
PROCFPt.4
4.05 Medical Care Expense Reimbursement.
(a) Debiting and Crediting of Accounts. Each Participant's Medical Care Expense Reimbursement
Account ("Account") will be credited with amounts withheld from the Participant's Compensation for Medical
' Care Expense Reimbursement pursuant to the Salary Redirection Agreement. The Account will be debited for
reimbursement amounts disbursed to the Participant in accordance with Article V of this document. The entire
amount elected by the Participant on the Salary Redirection Agreement as an annual amount for the Plan Year
* for Medical Care Expense Reimbursement less any reimbursements already disbursed shall be available to the
Participant at any time during the Plan Year without regard to the balance in the Account (provided that the
periodic premiums have been paid). Thus, the maximum amount of Medical Care Expense Reimbursement at
any particular time during the Plan Year will not relate to the amount which a Participant has had withheld up to
that time. In no event will the amount of medical expense reimbursement benefits in any Plan Year exceed the
~ annual amount specified for the Plan Year in the Salary Redirection Agreement for Medical Care Expense
Reimbursement. Any amount allocated to the Account shall be forfeited by the Participant and restored to the
Employer if it has not been applied to provide Medical Care Expense Reimbursement by the ninetieth (90th) day
following the end of the Plan Year for which the election was effective. Amounts so forfeited shall be used to
offset administrative expenses.
(b) Source of Payments. All Medical Care Expense Reimbursement benefits derived hereunder shall
be paid exclusively from the amounts in each Employee's Medical Care Expense Reimbursement Account
funded by amounts withheld from the Employee's wages pursuant to the Salary Redirection Agreement for
' Medical Care Expense Reimbursement and any Nonelective Contributions allocated thereto. In the event that
an Employee's reimbursement for Medical Care Expense Reimbursement benefits exceeds the amount
currently available in the Employee's Medical Care Expense Reimbursement Account, the Employer shall pay
~ the excess amount up to the amount elected by the Participant on the Salary Redirection Agreement for Medical
Care Expense Reimbursement less any reimbursements already disbursed. Future premium payments by the
Employee shall then go to the Employer as reimbursement for the money so advanced on behalf of the
Employee.
~ (c) Employer Risk. If an Employee terminates employment before the Employer has been reimbursed
for the money it has advanced on behalf of the Employee, the entire unreimbursed portion shall be deemed to
be an "administrative expense" to be refunded to the Employer by any unused Account balance(s) (if any) as
provided in Section 4.05(a).
' 4.06 Dependent Care Expense Reimbursement.
9
P ROCFP 1.4
(a) Crediting and Debiting of Accounts. Each Participant's Dependent Care Expense
Reimbursement Account ("Account") will be credited with amounts withheld from the Participant's
Compensation for Dependent Care Expense Reimbursement pursuant to the Salary Redirection Agreement.
The Account will be debited for reimbursement amounts disbursed to the Participant in accordance with Article
V of this document. In the event that the amount in the Account is less than the amount of reimbursable benefit
requests at any time during the Plan Year, the excess part of the reimbursement will be carried over into
following months (within the same Plan Year), to be paid out as the Account balance becomes adequate. In no
event will the amount of Dependent Care Expense Reimbursement benefits exceed the amount withheld
pursuant to the Salary Redirection Agreement for any Plan Year. Any amount allocated to the Account shall be
forfeited by the Participant and restored to the Employer if it has not been applied to provide Dependent Care
Expense Reimbursement for the Plan Year by the ninetieth (90th) day following the end of the Plan Year for
which the election was effective. Amounts so forfeited shall be used to offset administrative costs.
(b) Source of Payments. All Dependent Care Expense Reimbursement benefits derived hereunder
shall be paid exclusively from the amounts in each Employee's Dependent Care Expense Reimbursement
Account funded by amounts withheld from the Employee's wages pursuant to the Salary Redirection Agreement
for Dependent Care Expense Reimbursement, and any Nonelective Contributions allocable thereto.
ARTICLE V
BENEFITS
5.01 Qualified Benefits. The (qualified Benefits available for election are one or more of the following:
(a) Insurance Premium Payment. The Employer shall withhold from a Participant's Compensation an
amount equal to the contributions required from the Participant (less any applicable Nonelective contribution) for
coverage of the Participant, or the dependent coverage of the Participant's spouse or Dependents, under the
Benefit Plans or Policies elected by the Participant and maintained by the Employer as noted in the Adoption '~
Agreement. The benefits are subject to the terms and conditions of the applicable Benefit Plans or Policies
specifically referred to in the Adoption Agreement and incorporated herein into this Plan.
(b) Medical Care Expense Reimbursement. If pursuant to the Adoption Agreement, the Employer
has elected to maintain a Medical Care Expense Reimbursement Plan, payment shall be made to the Participant
in cash as reimbursement for Eligible Medical Expenses incurred by the Participant or his Dependents while he
is an Employee, during the Plan Year for which the Participant's election is effective. These expenses must
also be expenses which --
(I) are not covered, paid or reimbursed from any other source; and
(2) meet the criteria of tax-deductibility as a medical or dental expense under Section 213 of the '
Code, as amended and the regulations thereunder, and ,~
10
PROCFPI.4
II
~ (3) meet any limitations imposed by applicable regulations promulgated under Code Section
125; and
(4) will not be taken as a deduction from income on the Participant's federal income tax return in
any tax year; and
(5) do not exceed the lesser of (a) the maximum annual amount allocable to Medical Care Expense
' Reimbursement specified in the Adoption Agreement, or (b) the annual amount that the
Employee has elected to have withheld for Medical Care Expense Reimbursement; less
previous Medical Care Expense Reimbursements made during the Plan Year; and
A
(6) are verified in writing to the satisfaction of the Administrator that a covered expense has
occurred and the reimbursement for which meet the substantiation requirements of .Section
6.11.
(c) Dependent Care Expense Reimbursement. If pursuant to the Adoption Agreement, the
Employer has elected to maintain a Dependent Care Expense Reimbursement Plan, payment
shall be made to the Participant in cash as reimbursement for Eligible Employment Related
Expenses incurred by him or her while an Employee, during the Plan Year for which the
"'" Participant's election is effective, provided that the substantiation requirements of Section 6.11
. have been complied with. No payment otherwise due a Participant hereunder shall exceed the
smallest of:
(1) the Participant's Earned Income for the applicable month; or
~ (2) the Earned Income of the Participant's Spouse for such month (Note: a Spouse of a Participant
who is not employed during a month in which the Participant incurs Eligible Employment
Related Expenses and who is either incapacitated or a Student shall be deemed to have Earned
Income in the amount of $200 per month per Qualifying Individual for whom the Participant
y incurs Eligible Employment Related Expense(s), up to a maximum amount of-$400 per month);
or
(3) the annual amount the Participant has elected to have withheld from his Compensation for
Dependent Care Expense Reimbursement less any prior Dependent Care Expense
Reimbursements during the Plan Year; or
~ (4) Five Thousand Dollars ($5,000), or, if the Participant is married and files a separate tax return,
Two Thousand Five Hundred Dollars ($2,500) (or any future aggregate limitations promulgated
' under Code Section 129) less any prior reimbursements during the Plan Year.
11
PROCFPI.4
5.02 Cash Benefit. To the extent that a Participant does not elect under a Salary Redirection
Agreement to have the maximum amount of his Compensation contributed as a Pre-tax Premium or After-tax
Premium hereunder, such amount not elected shall be paid to the Participant in the form of normal
Compensation payments; provided however, that Nonelective Contributions may not be received in the form of
cash compensation.
5.03 Repayment of Excess Reimbursements. If, as of the end of any Plan Year, it is determined that
a Participant has received payments under this Plan that exceed the amount of Eligible Reimbursement
Expenses that have been substantiated by such Participant during the Plan Year, the Plan Administrator shall
give the Participant prompt written notice of any such excess amount, and the Participant shall repay the
amount of such excess to the Employer within sixty (60) days of receipt of such notification.
5.04 Termination of Reimbursement Benefits. Coverage under the Medical Care Expense '~
Reimbursement and/or Dependent Care Expense Reimbursement Plan(s) shall cease as of the first day of the
month immediately following the month in which a Participant is no longer employed by the Company or when a
premium payment has not been made for any reason. Such Participant shall have the right to submit a Request
for Reimbursement for any Eligible Medical or Employment-Related Expense arising during the Plan Year before
the date of separation from service at any time until ninety (90) days after the end of the Plan Year for which ~
the election had been in effect, and to receive reimbursement hereunder. The Participant shall not be entitled
to receive reimbursement for expenses incurred after coverage ceases under this Section, and any unused
reimbursement benefits at the expiration of the 90-day period following the close of the Plan Year shall be
treated in accordance with Sections 4.05 or 4.06.
5.05 COBRA Coverage. Each Benefit Plan or Policy made available under Article V that is considered
to be a "group health plan" under Code Sec. 162(i), because employees and their families are provided with
health care benefits within the meaning of Code Sec. 212(d)(1), including the Medical Care Expense
Reimbursement Benefit, shall contain the necessary provisions required by Code Sec. 49806 and ERISA 601,
to assure that such benefits may be continued on or after the occurrence of the qualifying events defined in
Code Sec. 49806(f)(3).
5.06 Coordination of Benefits Under Health FSA. The Health FSA is intended to pay benefits solely
for otherwise unreimbursed medical expenses. Accordingly, it shall not be considered a group health plan for ~
coordination of benefits purposes, and its benefits shall not be taken into account when determining benefits
payable under any other plan.
12
PROCFPI.4
ARTICLE VI
PLAN ADMINISTRATION
6.01 Allocation of Authority. Except as to those functions reserved within the Plan to the Employer,
the Plan Administrator appointed pursuant to the Adoption Agreement shall control and manage the operation
and administration of the Plan. The Plan Administrator shall have the exclusive right to interpret the Plan and to
decide all matters arising thereunder, including the right to remedy possible ambiguities, inconsistencies, or
omissions. All determinations of the Plan Administrator with respect to any matter hereunder shall be
conclusive and binding on all persons. Without limiting the generality of the foregoing, the Plan Administrator
shall have the following powers and duties:
' (a) To require any person to furnish such reasonable information as he may request for the
purpose of the proper administration of the Plan as a condition to receiving any benefits
under the Plan;
(b) To make and enforce such rules and regulations and prescribe the use of such forms
as he shall deem necessary for the efficient administration of the Plan;
(c) To decide on questions concerning the Plan and the eligibility of any Employee to
participate in the Plan and to make or revoke elections under the Plan, in accordance
with the provisions of the Plan;
(d) To determine the amount of benefits which shall be payable to any person in
accordance with the provisions of the Plan; to inform the Employer, insurer or Trustee
~ if any), as appropriate, of the amount of such benefits; and to provide a full and fair
review to any Participant whose claim for benefits has been denied in whole or in part;
(e) To designate other persons to carry out any duty or power which may or may not
otherwise be a fiduciary responsibility of the Plan Administrator, under the terms of the
+~ Plan;
~ (f) To keep records of all acts and determinations, and to keep all such records, books of
account, data and other documents as may be necessary for the proper administration
of the Plan;
' (g) To prepare and distribute to all Employees information concerning the Plan and their
rights under the Plan;
' (h) To do all things necessary to operate and administer the Plan in accordance with its
provisions;
6.02 Provision for Third-Party Plan Service Providers. The Plan Administrator, subject to approval
of the Employer, may employ the services of such persons as it may deem necessary or desirable in
connection with the operation of the Plan and to rely upon all tables, valuations, certificates, reports and
opinions furnished thereby. Unless otherwise provided in the service agreement, obligations under this Plan
shall remain the obligation of the Employer.
13
PROCFPI.4
6.03 Fiduciary Liability. To the extent permitted by law, neither the Plan Administrator nor any other
person shall incur any liability for any acts or for failure to act except for their own willful misconduct or willful
breach of this Plan.
6.04 Compensation of Plan Administrator. Unless otherwise determined by the Employer and
permitted by law, any Plan Administrator who is also an employee of the Employer shall serve without
compensation for services rendered in such capacity, but all reasonable expenses incurred in the performance
of their duties shall be paid by the Employer.
6.05 Bonding. Unless otherwise determined by the Employer, or unless required by any Federal or
State law, the Plan Administrator shall not be required to give any bond or other security in any jurisdiction in
connection with the administration of this Plan.
6.06 Payment of Administrative Expenses. Unless otherwise indicated in the Adoption Agreement,
all reasonable expenses incurred in administering the Plan shall be paid by the Employer, provided, however
that each Participant shall bear the monthly cost (if any) charged for the maintenance of any Reimbursement
Account unless otherwise paid by the Employer.
6.07 Funding Policy. The Employer shall have the right to enter into a contract with one or more
insurance companies for the purposes of providing any benefits under the Plan and to replace any of such
insurance companies or contracts. Any dividends, retroactive rate adjustments or other refunds of any type
which may become payable under any such insurance contract shall not be assets of the Plan but shall be the
property of, and shall be retained by the Employer to provide future Benefit Plan or Policy benefits.
6.08 Disbursement Reports. The Plan Administrator shall issue directions to the Employer concerning
all benefits which are to be paid from the Employer's general assets pursuant to the provisions of the Plan.
6.09 Reporting and Disclosure Obligations. Unless specified otherwise, it shall be the Employer and
Plan Administrator's sole responsibility to comply with all filing, reporting, and disclosure requirements, imposed
by the Department of Labor and/or Internal Revenue Service ,specifically including, but not limited to creating,
filing and distributing Summary Annual Reports, Form 5500's, and Summary Plan Descriptions. Furthermore,
the Employer and Plan Administrator shall be required to amend the Plan as is necessary to ensure compliance
with applicable tax and other laws and regulations.
6.10 Indemnification. The Plan Administrator shall be indemnified by the Employer against claims, and
the expenses of defending against such claims, resulting from any action or conduct relating to the
administration of the Plan except claims arising from gross negligence, willful neglect, or willful misconduct.
14
PROCFPI.4
^ 6.11 Substantiation of Expenses. Each Participant must submit a written Request for Reimbursement
form to the Plan Administrator to receive reimbursements from his Medical or Dependent Care Expense
Reimbursement Account(s), on a form provided by the Plan Administrator accompanied by a written
statement/bill from an independent third party stating that the expense has been incurred, and the amount
thereof. The forms shall contain such evidence as the Plan Administrator shall deem necessary as to
'~ substantiate the nature, the amount, and timeliness of any expenses that may be reimbursed.
6.12 Reimbursement. Reimbursements shall be made as soon as administratively feasible after the
required forms have been received by the Plan Administrator. Reimbursements of less than $15 may be carried
forward and aggregated with future reimbursements until the reimbursable amount is greater than $15, provided,
however, that the entire amount of reimbursable reimbursements outstanding at the end of the Plan Year shall
be reimbursed without regard to the $15 threshold limit. Such forms and documentation must be submitted by
the fourth (4th) Friday of the month in order to receive a reimbursement in the following month. Year-end
expense reimbursements must be submitted to the Plan Administrator within 90 days of the close of the Plan
~ Year for which the Salary Redirection Agreement is effective, and during which such expense was incurred, in
order to be eligible for reimbursement. Likewise, if a Participant terminates participation in the Plan with a credit
balance in any Reimbursement Account, such Participant shall be entitled to submit to the Plan Administrator
any Requests for Reimbursement for reimbursable expenses incurred prior to such cessation of Participation at
~ any time within 90 days after the close of the Plan Year for which the Salary Redirection Agreement is effective.
6.13 Annual Statements. The Plan Administrator shall furnish each Participant with an annual
statement, showing the amounts paid or expenses incurred by the Employer in providing Medical and/or
Dependent Care Expense Reimbursement during the previous calendar year and the respective Reimbursement
Account balance(s) on or before January 31 following the close of the applicable Plan Year.
•
ARTICLE VII
FUNDING AGENT
7.01 Funding of the Plan. The Plan shall be funded with amounts withheld from Compensation
pursuant to Salary Redirection Agreements and by Nonelective Contributions by the Employer.
' 7.02 The Employer as Funding Agent. If the Employer is designated the Funding Agent in the
Adoption Agreement, the Employer will immediately apply all such amounts, without regard to their source, to
pay for the welfare benefits provided in the Adoption Agreement and shall comply with all applicable regulations
promulgated by the Department of Labor ("D.O.L.") taking into consideration any enforcement procedures
adopted by the D.O.L.
7.03 Trust as Funding Agent. If a Trust is designated Funding Agent in the Adoption Agreement, an
' appropriate Trust Agreement shall be attached at the end of this Plan.
15
PROCFPI.4
ARTICLE VIII
CLAIMS PROCEDURES
8.01 Application to Plan Benefits. The provisions of this Article do not apply to individual policies or
group policies not subject to ERISA, and if applicable, apply to claims for benefits only to the extent that no
claims procedure is specified for such benefit in the applicable Benefit Plan or Policy. If a claims procedure is
otherwise available under the applicable Benefit Plan or Policy, this Article shall not apply to benefits under the
component Benefit Plan or Policy, but shall only apply to issues germane to the pre-tax benefits available under ~
this Plan (i.e., such as a determination of: a Change in Family Status; significant change in premiums charged;
or eligibility and participation matters under this Flexible Benefits Plan document). This Article shall be the
claims procedure applicable to the Medical Care Expense Reimbursement and the Dependent Care Expense
Reimbursement Plan(s).
8.02 Procedure if Benefits are Denied Under the Plan. Any Employee, beneficiary, or his duly
authorized representative may file a claim for a benefit to which the claimant believes that he is entitled, but that
has been previously denied by the Plan Administrator. Such a claim must be in writing and delivered to the
Plan Administrator in person or by mail, postage paid. Within ninety (90) days after receipt of such claim, the
Plan Administrator shall send to the claimant, by mail, postage prepaid, notice of the granting or denying, in
whole or in part, of such claim, unless special circumstances require an extension of time for processing the
claim. In no event may the extension exceed ninety (90) days from the end of the initial period. If such
extension is necessary, the claimant will be given a written notice to this effect prior to the expiration of the
initial 90-day period. The Plan Administrator shall have full discretion to deny or grant a claim in whole or in
part. If notice of the denial of a claim is not furnished in accordance with this Section 8.02, the claim shall be
deemed denied and the claimant shall be permitted to exercise his right to review pursuant to Sections 8.04 and
8.05.
8.03 Requirement for Written Notice of Claim Denial. The Plan Administrator shall provide a written
notice to every claimant who is denied a claim for benefits under this Article. Such written notice shall set forth
in a manner calculated to be understood by the claimant, the following information:
(a) The specific reason or reasons for the denial;
(b) Specific reference to pertinent Plan provisions on which the denial is based;
(c) A description of any additional material or information necessary for the claimant to perfect the
claim and an explanation of why such material is necessary, and .
(d) An explanation of the Plan's claim review procedure.
16
PRpcFP1.4 '
' 8.04 Right to Request Hearing on Benefit Denial. Within sixty (60) days after the receipt by the
claimant of written notification of the denial (in whole or in part) of his claim, the claimant or his duly authorized
representative may make a written application to the Plan Administrator, in person or by certified mail, postage
prepaid, to be afforded a review of such denial; may review pertinent documents; and may submit issues and
' comments in writing.
8.05 Disposition of Disputed Claims. Upon receipt of a request for review, the Plan Administrator
~ shall make a prompt decision on the review matter. The decision on such review shall be written in a manner
calculated to be understood by the claimant and shall include specific reasons for the decision and specific
references to the pertinent plan or insurance policy provisions on which the decision was based. The decision
upon review shall be made not later than sixty (60) days after the Plan Administrator's receipt of a request for a
~ review, unless special circumstances require an extension of time for processing, in which case a decision shall
be rendered not later than one hundred twenty (120) days after receipt of a request for review. If an extension
is necessary, the claimant shall be given written notice of the extension prior to the expiration of the initial sixty
' (60) day period. If notice of the decision on the review is not furnished in accordance with this Section 8.05,
the claim shall be deemed denied and the Claimant shall be permitted to exercise his right to a legal remedy.
ARTICLE IX
AMENDMENT OR TERMINATION OF PLAN
9.01 Permanency. While the Employer fully expects that this Plan will continue indefinitely, due to
unforeseen, future business contingencies, permanency of the Plan will be subject to the Employer's right to
amend or terminate the Plan, as provided in Sections 9.02 and 9.03, below. Nothing in this Plan is intended to
be or shall be construed to entitle any Participant, retired or otherwise, to vested or nonterminable benefits.
^
9.02 Employer's Right to Amend. The Employer reserves the right to amend the Plan at any time
and from time-to-time, and retroactively, if deemed necessary or appropriate to meet the requirements of Code
Section 125, or any similar provisions of subsequent revenue or other laws, to modify or amend in whole or in
part any or all of the provisions of the Plan. All amendments shall be made in writing and shall be approved by
'~' the Board of Directors (or a duly authorized officer of the Employer) in accordance with its normal procedures
for transacting business. Each Benefit Plan or Policy shall be amended in accordance with the terms specified
' therein, or, if no amendment procedure is prescribed, in accordance with this section. Any amendment made
by the Employer shall be deemed to be approved and adopted by any Affiliated Employer.
~ 9.03 Employer's Right to Terminate. The Employer reserves the right to discontinue or terminate
the Plan without prejudice at any time and for any reason without prior notice. Such decision to terminate the
Plan shall be made in writing and shall be approved by the Board of Directors (or a duly authorized officer of the
Employer) in accordance with its normal procedures for transacting business. Affiliated Employers may
withdraw from participation in the plan, but may not terminate it.
r
9.04 Determination of Effective Date of Amendment or Termination. Any such amendment,
discontinuance or termination shall be effective as of such date as the Employer shall determine. Subject to
Sections 4.05(a) and 4.06(a) (if applicable), no amendment, discontinuance or termination shall allow the return
to any Employer of any Reimbursement Account balance nor its use for any purpose other than for the
exclusive benefit of the Participants and their beneficiaries.
17
P ROCFPt .4
ARTICLE X
GENERAL PROVISIONS
10.01 Not an Employment Contract. Neither this Plan nor any action taken with respect to it shall
confer upon any person the right to continue employment with any Employer.
10.02 Applicable Laws. The provisions of the Plan shall be construed, administered and enforced
according to applicable Federal law and the laws of the State of the principal place of business of the Employer.
10.03 Post-Mortem Payments. Any benefit payable under the Plan after the death of a Participant
shall be paid to his surviving spouse (if any), otherwise, to his estate. If there is doubt as to the right of any
beneficiary to receive any amount, the Plan Administrator may retain such amount until the rights thereto are
determined, without liability for any interest thereon.
10.04 Nonalienation of Benefits. Except as expressly provided by the Administrator, no benefit under
the Plan shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge,
encumbrance or charge, and any attempt to do so shall be void. No benefit under the Plan shall in any manner
be liable for or subject to the debts, contracts, liabilities, engagements or torts of any person.
10.05 Mental or Physical Incompetency. Every person receiving or claiming benefits under the Plan
shall be presumed to be mentally and physically competent and of age until the Plan Administrator receives a
written notice, in a form and manner acceptable to it, that such person is mentally or physically incompetent or
a minor, and that a guardian, conservator or other person legally vested with the care of his estate has been
appointed.
10.06 Inability to Locate Payee. If the Plan Administrator is unable to make payment to any
Participant or other person to whom a payment is due under the Plan because he cannot ascertain the identity
or whereabouts of such Participants or other person after reasonable efforts have been made to identify or
locate such person such payment and all subsequent payments otherwise due to such Participant or other
person shall be forfeited seven (7) years after the date any such payment first became due.
10.07 Requirement for Proper Forms. All communications in connection with the Plan made by a
Participant shall become effective only when duly executed on any forms as may be required and furnished by,
and filed with, the Plan Administrator.
10.08 Source of Payments. The Employer, the Trust fund (if selected as Funding Agent), and any
insurance company contracts purchased or held by the Employer or funded pursuant to this Plan shall be the
sole sources of benefits under the Plan. No Employee or beneficiary shall have any right to, or interest in, any
assets of the Employer upon termination of employment or otherwise, except as provided from time to time
under the Plan, and then only to the extent of the benefits payable under the Plan to such Employee or
beneficiary.
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PROCFPI.4
10.09 Multiple Functions. Any person or group of persons may serve in more than one fiduciary
capacity with respect to the Plan.
10.10 Tax Effects. Neither the Employer, its agents, the Plan Administrator, nor the Trustee makes
any warranty or other representation as to whether any Pre-tax Premiums made to or on behalf of any
Participant hereunder will be treated as excludable from gross income for local, state, or federal income tax
purposes. If for any reason it is determined that any amount paid for the benefit of a Participant or Beneficiary
are includable in an Employee's gross income for local, federal, or state income tax purposes, then under no
circumstances shall the recipient have any recourse against the Plan Administrator or the Employer with respect
to any increased taxes or other losses or damages suffered by the Employees as a result thereof. The Plan is
designed and is intended to be operated as a "cafeteria plan" under Section 125 of the Code.
10.11 Gender and Number. Masculine pronouns include the feminine as well as the neuter genders,
and the singular shall include the plural, unless indicated otherwise by the context.
10.12 Headings. The Article and Section headings contained herein are for convenience of reference
only, and shall not be construed as defining or limiting the matter contained thereunder.
10.13 Incorporation by Reference. Except for the Medical and Dependent Care Expense
Reimbursement Plan(s), the actual terms and conditions of the separate component Benefit Plans or Policies
offered under this Plan are contained in separate, written documents governing each respective benefit, and
shall govern in the event of a conflict between the individual plan document, and this Plan as to substantive
ri content. To that end, each such separate document, as amended or subsequently replaced, is hereby
incorporated by reference as if fully recited herein. The provisions of the Medical and Dependent Care Expense
Reimbursement Plan(s) are reproduced herein, but shall constitute separate plans for purposes of all applicable
Code and ERISA provisions.
10.14 Severability. Should any part of this Plan subsequently be invalidated by a court of competent
jurisdiction, the remainder thereof shall be given effect to the maximum extent possible.
10.15 Effect of Mistake. In the event of a mistake as to the eligibility or participation of an Employee,
' or the allocations made to the account of any Participant, or the amount of distributions made or to be made to
a Participant or other person, the Plan Administrator shall, to the extent it deems possible, cause to be allocated
or cause to be withheld or accelerated, or otherwise make adjustment of, such amounts as will in its judgment
~ accord to such Participant or other person the credits to the account or distributions to which he is properly
entitled under the Plan. Such action by the Administrator may include withholding of any amounts due the Plan
or the Employer from Compensation paid by the Employer.
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PROCFPI.4
10.16 Provisions Relating to Insurers. No insurer shall be required or permitted to issue an '
insurance policy or contract that is inconsistent with the purposes of this Plan, nor be bound to take any action
not in accordance with the terms of any policy or contract with this Plan. The insurer shall not be deemed to be
a party to this Plan, nor shall it be bound to interpret the construction or validity of the Plan. The insurer shall
be protected from its good faith reliance on the written representations and instructions of the Trustee and the '
Plan Administrator, and shall not be responsible for the initial or continued qualified status of the Plan.
ARTICLE XI
CONTINUATION COVERAGE UNDER COBRA
The following provisions shall be applicable to any group health plan (as defined by Code 49808 and ~
5000(b)(1) and the regulations promulgated thereunder) subject to COBRA that does not otherwise contain
COBRA provisions. '~`"
11.01 Continuation Coverage after Termination of Normal Participation.
During any Plan Year during which the Employer is subject to Code Section 49806, each person who is a
Qualified Beneficiary shall have the right to elect to continue coverage under any group health plan subject to
COBRA upon the occurrence of a Qualifying Event that would otherwise result in such person losing coverage ,
hereunder. Such extended coverage under the plan is known as "Continuation Coverage."
11.02 Who is a "Qualified Beneficiary". A "Qualified Beneficiary" is any person who is, as of the day
before a Qualifying Event, (a) an Employee of the Employer (including persons who are considered to be I,~
"employees" within Code Sec. 401(c), directors and independent contractors) covered under the Plan as of
such day (such persons are called "Covered Employees" ), (b) the Spouse of the Covered Employee, or (c) a
Dependent of the Covered Employee. A Covered Employee can be a Qualified Beneficiary only if the Qualifying ~
Event consists of termination of employment (for any reason other than gross misconduct) or reduction of hours
of the Covered Employee's employment. A retiree or other former Employee actively participating in the Plan
by reason of a previous period of employment will be treated as a "Qualified Beneficiary".
11.03 Who is not a "Qualified Beneficiary". A person is not a Qualified Beneficiary if, as of such r
day, either the individual is covered under the group health plan by virtue of the election of Continuation
Coverage by another person and is not already a Qualified Beneficiary by reason of a prior Qualifying Event, or
is entitled to Medicare coverage under Title XVIII of the Social Security Act. Furthermore, an individual who fails
to elect Continuation Coverage within the election period provided in Section 11.07, below, shall not be
considered to be a Qualified Beneficiary. ,,~
11.04 What is a "Qualifying Event". Any of the following shall be considered as a "Qualifying Event":
(a) death of a Covered Employee;
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PROCFPI.4
(b) termination (other than by reason of gross misconduct) of the Covered Employee's
employment or reduction of hours of employment;
(c) divorce or legal separation of a Covered Employee from the employee's spouse;
(d) a Covered Employee's becoming eligible to receive Medicare benefits under Title XVIII of the
Social Security Act; or
(e) a dependent child of a Covered Employee ceasing to be a Dependent.
In the case of any person treated as a Covered "Employee" but who is not acommon-law employee,
termination of "employment" means termination of the relationship that originally gave rise to eligibility to
participate in the group health plan subject to COBRA.
11.05 What Benefit is Available under Continuation Coverage. Each person who is eligible to elect
to continue coverage under Article XI shall have the right to continue the level of coverage in effect for the
Covered Employee on the day before the Qualifying Event (or a lesser level of coverage). A premium for
' Continuation Coverage shall be charged to Employees and Qualified Beneficiaries in such amounts and shall be
payable at such times as are established by the Plan Administrator and permitted by applicable law.
11.06 Notice Requirements.
(a) When an Employee becomes covered under a group health plan subject to COBRA, the Plan
Administrator must inform the Participant (and spouse, if any) in writing of the rights to continued coverage, as
described in Article XI.
(b) The Employer shall give the Plan Administrator written notice of a Qualifying Event within thirty
(30) days of the occurrence thereof.
r (c) Within fourteen (14) days of receipt of the Employer's notice, the Plan Administrator shall
furnish each Qualifying Beneficiary with written notification of the termination of regular coverage under any
' group health plan subject to COBRA, as well as a recital of the rights of any such Beneficiary to elect
Continuation Coverage, as required by Code Sec. 49808 and ERISA 601, in accordance with the terms of this
Plan.
(d) In the case of a Qualifying Event described in Section 11.04(c) or (e), a Covered Employee or a
Qualified Beneficiary who is a Spouse or Dependent of such Employee must notify the Plan Administrator within
sixty (60) days of the occurrence thereof. The Plan Administrator shall give written notification of Conversion
Coverage rights to any other affected Qualified Beneficiaries within fourteen (14) days of receipt of the notice
~ described in this Section 11.06(d).
Notwithstanding any of the foregoing, notification to a Qualified Beneficiary who is a spouse of a
Covered Employee is treated as notification to all other Qualified Beneficiaries residing with that person at the
time notification is made.
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PROCFPI.4
11.07 Election Period. Any Qualified Beneficiary entitled to Continuation Coverage shall have 60 days ~
from the date of the notice required by Section 11.06, in the case of occurrence of a Qualifying Event, in which
to return a signed election to the Plan Administrator indicating the choice to continue benefits under this Plan.
11.08 Duration of Continuation Coverage. Continuation Coverage shall extend for a period of 18
months after the date that regular coverage ceased due to occurrence of a Qualifying Event, unless during such
18-month period a subsequent, Qualifying Event occurs, in which case, another election to extend coverage for
18 months shall be available to the Beneficiary. In the event a Covered Employee becomes entitled to
Medicare coverage, the period of Continuation Coverage for a Qualified Beneficiary, other than the Covered
Employee for such Qualifying Event or any subsequent Qualifying Event, shall not terminate for a period of 36
months from the date the Covered Employee becomes entitled to Medicare benefits. In no event, however,
shall Continuation Coverage extend more than 36 months beyond the date of the original Qualifying Event.
11.09 Automatic Termination of Continuation Coverage. Continuation Coverage shall automatically
cease if (a) the Employer no longer offers group health coverage to any of its employees (b) the required
premium for Continuation Coverage is not paid within 30 days of the date due or within 45 days after the initial
election of Continuation Coverage made pursuant to Section 11.07 (whichever is later), (c) an electing Qualified
Beneficiary becomes covered under another group health plan other than a group health plan which may limit a
Qualified Beneficiary's coverage because it involves apre-existing condition, or (d) an electing Qualified
Beneficiary becomes eligible to receive benefits under Medicare.
IN WITNESS WHEREOF, the Employer has executed this Flexible Benefits Plan, Medical Care Expense
Reimbursement Plan, and/or Dependent Care Expense Reimbursement Plan {as noted in the Adoption
Agreement), the date and year first written below, to be effective as set forth in the Adoption Agreement.
WITNESS
Employer:
By:
Title:
Date:
Corporate Secretary
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PROCFPI.4
a•
MEMORANDUM
TO: THE HONORABLE MAYOR & CITY COUNCIL
CITY OF OWASSO
FROM: RODNEY J RAY
CITY MANAGER
SUBJECT: APPOINTMENT OF DEPUTY CITY CLERK
DATE: October 31, 1997
BACKGROUND:
Since her appointment in January 1993 (with the exception of one year from July 1993 to August
1994, at which time she served as Council Clerk), Ms Boutwell has served as the City Clerk.
Since that time there have been a few occasions when, during her absence, the City Clerk's
signature was needed on official documents. Even though Marcia is seldom away from the
office, there appears to be a need for the designation of a Deputy City Clerk. The purpose of
such a position is simply to allow for an efficient service to our customers. This position would
require no real job duties (except signing documents in the absence of the Clerk) and no
compensation (above the persons existing salary).
After discussions with the staff, it appears that the Managerial Department may be the best place
to seek a staff member to fill that role. The consensus choice is Mr Allan Harder, Human
Resources Director, to be recommended for those duties.
i
RECOMMENDATION:
The staff recommends Council action to appoint Mr Allan Harder as Deputy City Clerk for the
City of Owasso.
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