HomeMy WebLinkAbout2008.08.12_City Council Agenda_SpecialPUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
TYPE OF MEETING:
DATE:
TIME:
PLACE:
Special
August 12, 2008
6:00 p.m.
Old Central
109 N. Birch
Owasso, Oklahoma
Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board
at 5:00 PM on Friday, August 8, 2008. ~ ~:, i ... _
Juliann M. Stevens, Deputy City Clerk
AGENDA
1. Call to Order
Mayor Stephen Cataudella
2. Presentation provided by the Assistant City Manager for Administrative Services for the
purpose of reviewing various City policies, procedures, and funds.
Ms. Bishop
3. Discussion relating to Community Development Department Items
Mr. Rooney
Attachment # 3
A. Requests for Final Plat (2)
B. Block Party Information
4. Discussion relating to Public Works Department Items
Mr. Rooney
Attachment # 4
A. 2008 Water Quality Report -Certification of Completion and Distribution
Owasso City Council
August 12, 2008
Page 2
5. Discussion relating to Police Department Items
Mr. Rooney
Attachment #5
A. Proposed Amendment to Allow Indoor Air Rifles and Archery Ranges
6. Discussion relating to General Government Items
Mr. Rooney
Attachment #6
A. Discussion Relating to a Debris Management Plan and Pre-event Contract
7. Discussion relating to City Manager Items
Mr. Ray
Attachment # 7
A. Stone Canyon Annexation (Attachment)
B. Stone Canyon Sewer Line Engineering Agreement (Attachment)
C. Pelivan Contract for FY 08-09 (Attachment)
D. Proposed Development Agreement for Morrow Place (Attachment)
E. Proposed Contract for Youth Court (Attachment)
F. City Manager Evaluation Process
G. City Manager's Report
8. Legislative Report
Ms. Lombardi
9. Report from City Councilors
10. Adjournment
MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
CITY OF OWASSO
FROM: LARISSA DARNABY
CITY PLANNER
SUBJECT: FINAL PLAT -BURBERRY PLACE
DATE: AUGUST 5, 2008
BACKGROUND:
The City of Owasso has received a request from Bailey Ranch Investments, LLC., for the
review and acceptance of the Burberry Place Final Plat of eighty-nine (89) residential lots, in
seven (4) blocks on approximately 29.82 acres.
LOCATION:
The property is generally located on the south side of East 106th Street North and about a half
of a mile east of North Garnett Road. A general area map that further depicts the subject
property's location is attached
EXISTING LAND USE:
Undeveloped
SURROUNDING ZONING:
Southwest: Single-Family Residential- Sawgrass I & II
East: Agriculture -Undeveloped
SouthEast: Large Lot Residential
ZONING HISTORY:
June, 2007: The Owasso Planning Commission approved a preliminary plat for Maple Glen
with the following conditions:
• Indicate a sidewalk along E. 106th St. No. and the reserve
• Show adjacent property owners
• Show additional U/E provided by ONG & Cox
• Confirm the rural water districts 4" water line location
• Show a 20' U/E for Rural Water; include standard utility provider
language in plat covenants
DEVELOPMENT PROCESS:
The first step in the development of a piece of property in Owasso is annexation. Annexation
is the method whereby land located outside the city limits is made a part of the city. Property
owners and land developers sometimes choose to have their property annexed into Owasso in
order to receive Owasso municipal services, such as police protection, refuse collection, and
sanitary sewer.
The second step in the development of a piece of property in Owasso is rezoning. When a
property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In
order to develop the property, the land must be zoned for particular kinds of uses, such as
residential, office, commercial, or industrial. Rezoning decisions are made in accordance with
the growth policy displayed in the Owasso Master Plan.
One type of rezoning that a developer may choose to seek is a Planned Unit Development, or
PUD. When a development proposes to exhibit a mixture of uses with specific regulations and
standards unique to a particular tract of land, a PUD is often the preferred land use control
mechanism.
The third step in the development of a piece of property in Owasso is platting. A preliminary
plat is required for any development that proposes to divide land into two or more lots.
Preliminary plats illustrate the development concept for the property, and are often modified
significantly after being reviewed by the Technical Advisory Committee (TAC), and the
Owasso Planning Commission. Sometimes, difficult development issues such as existing
utility lines, wells, or easements are brought to light at the preliminary plat stage and must be
remedied prior to development.
After the preliminary plat has been reviewed by the City and various utility companies,
construction plans for the development's infrastructure are submitted. These plans include
specifications and drawings for stormwater drainage, streets and grading and erosion control,
waterlines, stormwater detention, and wastewater lines. Often, approval is required of other
agencies, such as the Department of Environmental Quality for wastewater collection and the
US Army Corps of Engineers for properties that may be development sensitive.
Once the property development proposal shows a division of lots that is acceptable to both the
developer and the City of Owasso, a final plat application is submitted. A final plat illustrates
the layout and dimension of lots included on the final plat, right-of-way widths, easements, and
other physical characteristics that must be provided for review by the City. After obtaining
approval from the TAC and Planning Commission, the final plat is considered by the City
Council. If approved, the final plat is filed with the office of the County Clerk and governs all
future development on that property.
Another form of property division that can be considered in some cases is a lot split. Lot splits
are minor subdivisions of property into three or fewer tracts, and do not provide for any new
public streets. Typically, this is an appropriate option for a land owner who wishes to take
large undeveloped parcels of land and divide it into two or three smaller tracts.
FINAL PLAT REVIEW PROCESS:
The Final Plat review process is initiated when a property owner submits an application to the
City of Owasso requesting the review and acceptance of a subdivision of land. The application
shall be accompanied by the correct fee and final plat drawings and covenants. If the final plat
is one lot on one block the applicant may forego the Preliminary plat review, in such case the
applicant will be responsible for submitting a certified abutting property owners report at the
final plat stage so that staff may notifying abutting property owners.
Upon receipt of a complete application city staff will begin reviewing the proposal for
compliance with the Owasso Zoning Code, Subdivision Regulations and Engineering
specifications.
The proposed final plat will then be presented to the Owasso Technical Advisory Committee
(TAC) for review and recommendation. At that meeting utility providers and city staff are
afforded the opportunity to comment on the technical aspects of the development proposal.
The TAC will forward a recommendation to the Planning Commission.
The Owasso Planning Commission will hold a public hearing to determine if the application is
compliant with the Owasso Zoning Code, Subdivision Regulations, and Engineering criteria.
The Planning Commission will forward a recommendation to the City Council.
The Owasso City Council will then determine if the final plat meets city specifications and
approve, deny, or approve the final plat with conditions.
If the City Council approves the Final Plat the applicant will then produce copies of the
approved Final Plat for signatures from the appropriate officials and file it with the county
clerk's office. The applicant will provide the city with three signed and recorded plats along
with an 8'/z X 11 copy and an electronic copy for records.
ANALYSIS:
The current owner/developer of the subject property plans to develop the area with eighty-nine
(89) residential lots in four (4) blocks, on 29.82 acres of land. The proposed development is
allowed by right with the RS-3 Zoning Designation.
Three reserve areas have been included in the platted area, Reserve Area "A" being a detention
pond, and will be reviewed as to their adequateness at providing detention for the property.
Before any building permits may be issued, all details related to water and wastewater
improvements must be reviewed and approved by the Owasso Public Works Department.
The proposal for single family homes on the Burberry Place final plat is consistent with the
Owasso Land Use Master Plan and is compatible with the most recent zoning decisions
rendered by the Owasso City Council and Planning Commission for the area.
The Burberry Place final is subject to all requirements set forth in the Owasso Zoning Code
and Subdivision Regulations, including livability space, which is the area of a given lot less
areas dedicated to easements and/or building setbacks, unless otherwise addressed within the
Planned Unit Development.
Any development that occurs on the subject property must adhere to all subdivision, zoning
and engineering requirements including, but not limited to, paved streets and sidewalks. The
proposed development will require no significant expansion of utilities or infrastructure.
Residential sewer service will be provided by the City of Owasso, while water service will be
provided by the rural water district #3 of Washington County.
TECHNICAL ADVISORY COMMITTEE:
The Owasso Technical Advisory Committee reviewed the Maple Glen Final Plat at its regular
meeting on July 23 2008.At that meeting, the utility providers and city staff were afforded the
opportunity to comment on the technical aspects of the development proposal. The following
comments were provided:
1. Show finished floor elevations on Block 4, Lots 9, 10, 11& 12
PLANNING COMMISSION HEARING:
The Owasso Planning Commission will consider the request at a public hearing on August 11,
2008.
RECOMMENDATION:
Staff intends to recommend acceptance of the Final Plat.
ATTACHMENTS:
1. General Area Map
2. Burberry Place Final Plat
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BURBERRY PLACE SUBDIVISION CITY OF OWASSO
8/1/08
LegeT1C~ 111 N. Main Street
P.O. Box 180
Owasso, OK 74055
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MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
CITY OF OWASSO
FROM: LARISSA DARNABY
CITY PLANNER
SUBJECT: REQUEST FOR ACCEPTANCE OF THE SEVENS FINAL PLAT
DATE: AUGUST 5, 2008
BACKGROUND:
The City of Owasso has received a request from Tapp Development Corporation
applicant/owner, for the review and acceptance of The Sevens Final Plat. The Final Plat proposes
five (5) lots in one (1) block on approximately 7.5 acres of property. The applicant wishes to plat
the property so that they may develop a mixed use commercial development.
LOCATION:
Located on the east side of Garnett Road along the west side of the Owasso Expressway, south of
what is recognized as Smith Farms.
EXISTING LAND USE:
Undeveloped
SURROUNDING ZONING:
North: AG(Agriculture) and CG (Commercial General)
South: AG (Agriculture) and CG (Commercial General)
East: AG (Agriculture)
SURROUNDING LAND USE:
North: Undeveloped/Large Lot Residential
South: Undeveloped/Large Lot Residential
East: Large Lot Residential
West: Owasso Expressway
ZONING HISTORY:
June, 2008: The Owasso Planning Commission approved the rezoning of the subject tract to a
Commercial Shopping Zoning District within Planned Unit Development 08-02.
June, 2008: The Owasso Planning Commission approved a preliminary plat for The Sevens with
the following conditions:
• Show a mutual access easement on the final plat
• Show a 40 ft set back in lieu of 50 ft along Garnett Road
• Verify the turning radius width on Garnett Road
• Show limits of no access on final plat
• Subject to all of city standards which include the outdoor lighting code
and the landscape ordinance
DEVELOPMENT PROCESS:
The first step in the development of a piece of property in Owasso is annexation. Annexation is
the method whereby land located outside the city limits is made a part of the city. Property owners
and land developers sometimes choose to have their property annexed into Owasso in order to
receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer.
The second step in the development of a piece of property in Owasso is rezoning. When a property
is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to
develop the property, the land must be zoned for particular kinds of uses, such as residential,
office, commercial, or industrial. Rezoning decisions are made in accordance with the growth
policy displayed in the Owasso Master Plan.
One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD.
When a development proposes to exhibit a mixture of uses with specific regulations and standards
unique to a particular tract of land, a PUD is often the preferred land use control mechanism.
The third step in the development of a piece of property in Owasso is platting. A preliminary plat
is required for any development that proposes to divide land into two or more lots. Preliminary
plats illustrate the development concept for the property, and are often modified significantly after
being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning
Commission. Sometimes, difficult development issues such as existing utility lines, wells, or
easements are brought to light at the preliminary plat stage and must be remedied prior to
development.
After the preliminary plat has been reviewed by the City and various utility companies,
construction plans for the development's infrastructure are typically submitted. These plans
include specifications and drawings for stormwater drainage, streets and grading and erosion
control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of
other agencies, such as the Department of Environmental Quality for wastewater collection and the
US Army Corps of Engineers for properties that may be development sensitive.
Once the property development proposal shows a division of lots that is acceptable to both the
developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the
layout and dimension of lots included on the final plat, right-of-way widths, easements, and other
physical characteristics that must be provided for review by the City. After obtaining approval
from the TAC and Planning Commission, the final plat is considered by the City Council. If
approved, the final plat is filed with the office of the County Clerk and governs all future
development on that property.
The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are
reviewed by the TAC and approved by city staff. Issues such as building setbacks, parking, access,
landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the
development is clear to apply for a building permit and to submit construction plans for the
building's foundation, plumbing, electrical system, and HVAC.
ANALYSIS:
The applicant is requesting the review and acceptance of The Sevens Final Plat so that they may
plat and eventually develop the property with a variety of commercial uses. The property is zoned
CS (Commercial Shopping) OPUD 08-02 (Owasso Planned Unit Development Number 08-02).
The designation outlines the development standards for the property in a commercial manner. The
proposed layout for the commercial uses associated with the plat is allowed by right according to
the zoning designation.
According to the final plat, the developer would like to create five (5) lots in one (1) block, on
approximately 7.5 acres of land and is subject to all requirements set forth in the Owasso Zoning
Code and Subdivision Regulations, unless otherwise specified in the Planned Unit Development.
The main access into The Sevens will be from North Garnett Road. The aforementioned access is
being recognized as the only access point to the property. Lots within the development will be
provided access from the private drive. The private drive will be placed within a common area
designated for access purposes. A property owners association through the use of recorded
covenants and restrictions shall govern maintenance of the private drive.
In June, 2008, the Preliminary Plat for The Sevens was reviewed, and approved, by the Owasso
Planning Commission. At that time, the following concerns were mentioned and made conditions
upon approval of the final plat:
• Show a mutual access easement on the final plat
• Show a 40 ft set back in lieu of 50 ft along Garnett Road
• Verify the turning radius width on Garnett Road
• Show limits of no access on final plat
• Subject to all of city standards which include the outdoor lighting code
and the landscape ordinance
All concerns have been addressed, and the applicant is now ready to proceed in the platting
process.
Any development that occurs on the subject property must adhere to all subdivision, zoning and
engineering requirements including but not limited to paved streets and sidewalks. Commercial
sewer and water service will be provided by the City of Owasso. The property will be subject to all
payback fees including Storm Siren fees of $35 per acre.
TECHNICAL ADVISORY COMMITTEE:
The Sevens Final Plat was reviewed by the Owasso Technical Advisory Committee at their regular
meeting on June 25, 2008. At that meeting, utility providers and city staff are afforded the
opportunity to comment on the application and request any changes or modifications. There were
no concerns expressed at that time.
PLANNING COMMISSION HEARING:
The Owasso Planning Commission will consider the request at a public hearing on August 11, 2008.
RECOMMENDATION:
Staff intends to recommend acceptance of the Final Plat.
ATTACHEMENTS:
1. General Area Map
2. The Sevens Final Plat
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THE SEVENS CITY of owASSo
6/4/08
Legend 111 N. Main Street
P.O. Box 180
Owasso, OK 74055
North
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MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: 2008 OWASSO BLOCK PARTIES
DATE: August 7, 2008
BACKGROUND:
This year's citywide block parties will be held on Saturday, September 13, 2008. The annual
celebration of neighborhoods is a part of the city's on-going effort to help citizens get to know each
other and build a sense of community and place. Judging from previous levels of neighborhood
involvement, the staff expects around 25 to 30 block parties in 2008 throughout the city.
The City is already preparing to provide support for the block parties; street barricades have been
ordered, previous block party captains have been invited to organize parties again this year, and
announcements about the parties have been mailed to residents. Interested block party captains can
register their block party by visiting the city's website at www.cityofowasso.com and clicking on
the Block Party link. Block party captains can request visits from Police, Fire, and Public Works
personnel, and can also use the staff as a resource for ideas for planning their party.
Typically, most of the block party registrations occur the week before the event. As in previous
years, the staff will distribute a map of known block party locations to the city council members on
Thursday, September 11~', along with a schedule that council members can use if they choose to
attend some of the parties. Members of the city staff will also be attending many of the block
parties. It has been our experience that the block parties are a useful way to maintain a personal
level of contact with neighborhoods throughout Owasso, and the citizens seem to genuinely
appreciate the attention that the City shows during the event.
MEMORANDUM
TO: THE HONORABLE CHAIR AND TRUSTEES
OWASSO PUBLIC WORKS AUTHORITY
FROM: ROGER STEVENS
PUBLIC WORKS DIRECTOR
SUBJECT: ANNUAL WATER QUALITY REPORT
WATER QUALITY REPORT CERTIFICATE
OF COMPLETION AND DISTRIBUTION
DATE: August 1, 2008
BACKGROUND:
Every year, in conformance with the Safe Drinking Water Act, the City of Owassol prepares and
distributes over 8,500 Water Quality Reports to our customers in an effort to enable our citizens
to make practical and knowledgeable decisions about their health and the environment. The
report contains basic educational information on the water quality -including levels of any
detected contaminants, and compliance with drinking water rules. At a minimum, the report must
provide consumers with the following fundamental information:
- Lake, river, aquifer, or other source of the drinking water;
- A brief summary of the susceptibility to contamination of the local drinking water source,
based on the source water assessments that states are completing over the next five years;
- How to get a copy of the water system's complete source water assessment;
- The level (or range of levels) of any contaminant found in local drinking water, as well as
EPA's health-based standard (maximum contaminant level) for comparison;
- The likely source of that contaminant in the local drinking water supply;
- The potential health effects of any contaminant detected in violation of an EPA health
standard, and an accounting of the system's actions to restore safe drinking water;
- The water system's compliance with other drinking water-related rules;
- An educational statement for vulnerable populations about avoiding cryptosporidium;
- Educational information on nitrate, arsenic, or lead in areas where these contaminants are
detected above 50% of EPA's standard; and
~ Right-to-Know Amendment to Clean Water Act in (1996) requires that all owners of systems serving at 25
residents or more or that have 15 service connections serving year round residents distribute such report.
- Phone numbers of additional sources of information, including the water system and
EPA's safe drinking water hotline.
It is worth noting that because the report simply summarizes information that the City must
collect to comply with the Federal Safe Drinking Water Act, no additional monitoring is required
to comply with this mandate. Additionally, since the City purchases water from the City of
Tulsa, the Owasso's Water Quality Report uses much of the educational information and
monitoring data provided by the City of Tulsa. A copy of the City of Owasso 2008 Water
Quality Report is included as Attachment A.
The mandate also requires that the City mail or deliver a copy of the Water Quality Report to
each water customer, make an effort to deliver the report to non-bill-paying customers and
provide copies of the report upon request. The City must send a copy of the Water Quality
Report to the Oklahoma Department of Environmental Quality (ODEQ) and submit a Certificate
of Completion and Distribution by October 1, 2008. The Certificate confirms that the
information contained in the report is correct and that all distribution requirements have been
met.
COMPLIANCE STATUS:
Staff confirms that the information contained in the City of Owasso 2008 Water Quality Report
completed in June 2008 is correct and consistent with compliance monitoring data previously
submitted to the ODEQ. Copies of the report were included in customer utility bills distributed
during the month of June 2008 and may be viewed by visiting the City of Owasso webpageZ or
the offices of Public Works Department at 301 West 2°a Avenue, Owasso.
The City of Owasso has complied with all distribution requirements and may submit the
Certificate of Completion to ODEQ upon approval by the Trustees.
RECOMMENDATION:
Staff intends to recommend Trustees approval for the Certificate of Completion and Distribution
with the Oklahoma Department of Environmental Quality and authorize the Chair to execute all
necessary documents.
ATTACHMENTS:
A. Copy of 2008 Water Quality Report
B. Certificate of Completion and Distribution
`Address: http://www.cityofowasso.com/PublicWorks/Water%20Quality%20Report%202005.pdf
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Public Works Department ~ ~~ ~~~
~~ 301 West 2nd Avenue ; ~~
P.O. Box 180 ~;
the city wiinout Limiis~. Owasso, OK 74055 ,~~ ~
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2008 ANNUAL WATER QUALITY REPORT
OwASSO'S DRINKING WATER IS SAFE!!!
The City of Owasso is pleased to submit to you
the 2008 Annual Water Quality Report. We take
great pride in providing you, our customer, with
reliable and safe drinking water that meets all
Federal and State regulations. Again this year,
parameters in our water are well below the
maximum allowable levels in most instances.
We want to keep you informed about the
excellent quality of water and services delivered
to you over the past year. This report explains
where your drinking water comes from, and how
the water is treated, monitored and delivered.
The information included in this report reflects
the data collected from January 1 through
December 31, 2007. The included Water Quality
Tabulation shows that some contaminants were
found, however, not at levels to cause any
concern.
The Environmental Protection Agency
(EPA) Safe Drinking Water Hotline
Drinking water, including bottled water,
can be expected to contain at least small
amounts of some contaminants. The presence of
these contaminants does not necessarily indicate
that water poses a health risk. More information
about contaminants and potential health effects
may be obtained by calling the Environmental
Protection Agency's (EPA) Safe Drinking Water
Hotline (800-426-4791). In order to ensure that
tap water is safe to drink, the EPA prescribes
regulations which limit the amount of certain
contaminants in water provided by public water
systems. Food and Drug Administration (FDA)
regulations establish limits for contaminants in
bottled water, which provide protection for
public health, as well.
For questions concerning your water utility,
please contact the Owasso Public Works
Department at 272-4959. Inquiries about this
report may be directed to Roger Stevens (Interim
Public Works Director).
For questions about your water bill, please
contact the City of Owasso Utility Billing Office
at 376-1500.
ease attend any of the regularly scheduled
eetings of the Owasso City Council and the
wasso Public Works Authority. Meetings are
'ld on the first and third Tuesday of each
onth at Old Central (109 N. Birch) beginning at
30 p.m.
For Additional Information:
c
Visit our website at:
_- www.cityofowasso.com
,s~
FAY
2008 Water (,duality Report
Questions and Answers about Owasso's Drinking Water
9. Where does Owasso's water come from? 9. What does the data mean?
A. Our water is purchased from the City of
Tulsa. The water is treated surface water
transported from three sources in
northeastern Oklahoma (Lake Oologah on the
Verdigris River, Lakes Spavinaw and Eucha
on Spavinaw Creek, and Lake Hudson on the
Neosho River). After the water reaches the
lakes, it travels to the Mohawk and A.B.
Jewell water treatment plants where it is
treated to remove substances that might
threaten public health.
g. Which plant treats our drinking water?
A. Tulsa has avast underground network of
pipes that carry drinking water from two
treatment facilities to our faucets. Which
plant provides water to specific areas of the
city and surrounding areas depends on daily
changes in supply and demand. Generally,
customers in the north and west portions of
Tulsa (which includes Owasso) receive water
treated at the Mohawk Plant and those in the
south and east areas are served by the A.B.
Jewell Plant. Both plants serve the central
areas of Tulsa.
9. Is Owasso's water safe to drink?
A. YES. The City of Owasso and the City of
Tulsa routinely monitor for irregularities in
your drinking water according to Federal and
State laws. In 2007, the City of Tulsa
analyzed more than 2,300 samples looking
for pollutants that might be dangerous to
your health, and substances that can make
the water taste or smell unpleasant. In
addition, the City of Owasso collected 300
samples throughout the distribution. The
adjacent table shows the results of our
monitoring for the period of January through
December 2007.
A. As you can see by the table, the drinking
water delivered to Owasso area homes and
businesses exceeds all federal requirements.
Although some contaminants were detected
in 2007, the EPA has determined that your
water is safe at these levels.
9. What are contaminants?
A. The sources of drinking water (both tap and
bottled water) include rivers, lakes, streams,
ponds, reservoirs, springs and wells. As
water travels over the surface of the land or
through the ground, it dissolves naturally
occurring minerals and, in some cases,
radioactive material, and can pick up
substances resulting from the presence of
animals or human activity. Contaminants
that may be present in water prior to
treatment include:
Microbial contaminants:
Come from sewage treatment plants, septic
systems, agricultural livestock operation
and wildlife.
Inorganic contaminants:
Naturally-occurring or result from urban
stonnwater runoff, industrial or domestic
wastewater discharges, oil and gas
production and mining or farming.
Pesticides and herbicides:
Come from a variety of sources such as
agricultural urban stormwatier runoff and
residential uses.
Chemical contaminants:
Include synthetic chemicals - are
byproducts of industrial processes and
petroleum production that can come from
gas stations, urban stonnwater runoff and
septic systems.
Radioactive contaminants:
Naturally occumng substances or the
result of oil and gas production and
mining activities.
Important Health Information
Some people may be more vulnerable to contaminants in drinking water than the general population.
Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who
have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some
elderly, and infants can be particularly at risk from infections. These people should seek advice about
drinking water from their health care providers. EPA and The Center for Disease Control (CDC)
guidelines on appropriate means to lessen the risk of infection by cryptosporidium and other
microbiological contaminants are available from the Safe Drinking Water Hotline (800-426-4791).
WATER QUALITY DATA TABULATION
's Water Duality Data:
urbidity level found 0.36 Tf' =less than 0.3 NR'U 95
N/A Soil runoff
Lowest monthly percent meeting re gulations 99% percent of the tune
Lead 2.7 ppb at 90th percentile AL` = 15 parts per billion 0 Corrosion of household plumbing systems
Beta Radionuclides ~n/a ~n/a ~n/a ~4 mrem/yrf
Acids I20 ~0 I43 I60 parts per billion annual IN/A
1.3 I4 parts per million
of natural and man made deposits
of drinking water disinfection
additive promoting strong teeth
1~7IZI it * -LO p:u i. p<•r f•461:LG"
Chlorinr 1.7 `7 ~.Q A4'na ~~r addili~~r u~cd in rnnirul nucrulic..
million unnnul acer~;;~ }.0
frihalomethana 49 '20 90 80 parts per billion annual N/A By-grrxluct of drinking water chlorinatfon
average
Some }>cople who drink water containing trihalamethanes in excess ol'the MCh over many years may experience problems with their fiver, kidneys; or
central nervous systems, and may have an increased risk of getting ruteer. The risk assessment devloped for trihalomethanes showed that those
corrstztning 2 liters of water with 100 ppb trfhalomefhanas for 70 }'ears increased the llkeliltotxl of developing cancer by l in orte million.
Airuzinr'" n/a n/a n/a 3 pan= per billion kunolt liom herbicide u~cd ou row craps
have not been estabnshed'Naturally occurring or urban stormwater
)wasso's Water Quality Data:
Dial Q9itorm 2 >1 posit ice 0 positicc Naturally pnt~cm in the cnyironmcm
eeal Conform ancJ F~ Colt 0 >_ positive 0 positive Human and animal fecal waste
*Definitions of Terms Found in the Table:
MCL (Maximum Contaminant Level): The highest level of a contaminant allowed in drinking water. MCLs are set as close to the MCLGs as Ceasible
using the best avadable treatment technology and taking cost Into consideration. MCLs are enforceable standards.
MCLG (Maximum Contaminant Level Goal): "Ihe level of a contaminant in drinking water below which there is no known or expected risk to health.
MCLGs allow for a margin of safetu and are non-enforceable pubnc health goals.
MRLD (Maximum Residual Disinfectant Level): The highest level of a disinfectant allowed rn drinking water. There is convincing evidence that the
addition of a disinfectant is necessary for control of microbial contaminants.
MRDLG (Maximum Residual Disinfectanat Level Goal): The level of a drinking water disinfectant below which there is no known or expected risk [o
health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.
TT (Treatment Technique): A required process intended to reduce the level of a contaminant in drinking water.
(Action Level): "Ihe concentration of a contaminant, which if exceeded, triggers a treatment or other requirement which a water system must follow.
NTU (Nephelolometric Turbidity Unit): A measurement of the turbidity, or cloudiness. of the water. Turbidity has no health effects. However. turbnli ~ c
can interfere with disinfection and provides a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. Thcs~~
organisms include bacteria, viruses, and parasites that can cause sVtnptom,, sudt as nausea. diarrhea. and as,.ooiatcrl headaches.
mrem/yr (millirems per year): A measure of radiation absorbed by the body.
ppm (parts per million): Comparable to 1 minute in hyo years.
ppb (parts per billion): Comparable to I minute in 2,000 years.
N/A (Not Applicable)
"Data collected November 2000. Frequency of monitoring requirements is within wmpnance regulations.
WATER CONSERVATION TIPS
1. Fix leaking faucets, pipes
and toilets.
2. Replace high water use
fixtures.
3. Install water-saving devices =~' ~,
in faucets, toilets and
appliances.
Water conservation measures
are an important first step in
preserving our water supply.
Also, utilizing these measures
can save you money through
reductions in your water and
sewer bills.
Here are a few suggestions:
Take a shallow bath
(Saves 15-20 gallons)
Use the garbage disposal less
(Saves 50-150 gallons per month)
Turn off the water while brushing your teeth or shaving
(Saves approximately 3 gallons per day)
Water the lawn only when I I Plant drought-resistant
necessary trees/shrubs (saves up to loon
(Saves up to 1000 gallons per month) gallons per month)
Keep a bottle of cold water in the refrigerator for drinking instead of running
the tap
(Saves 200-300 gallons per month)
Run only full loads in the washing machine and dishwasher
(Saves 75-200 gallons per month)
Shorten your shower
(A 2-minute reduction can save 700 gallons per
month)
Consumer Confidence Report
CERTIFICATE OF COMPLETION and DISTRIBUTION
PWS Name: City of Owasso
PWS ID#3007218
The community water system indicated above hereby confirms that the Consumer Confidence
Report has been distributed to customers (and appropriate notices of availability have been given) in
accordance with 40 CFR 141.155. Further, the system certifies that the information contained in the
report is correct and consistent with the compliance monitoring data previously submitted to the
pnmacy agency.
Certified by:
Name•
Title:
Phone:
Date:
RETURN a copy of your Cousumer Confidence Report
and the signed Certificate of Completion and Distribution
to the followiug address:
Consumer Confidence Report
Water Quality Division
Department of the Environmental Quality
P.O. Box 1677
Oklahoma City, OK 73101-1677
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: TIMOTHY D. ROONEY
ASSISTANT CITY MANAGER
SUBJECT: REQUEST TO AMEND CITY CODE OF ORDINANCES TO ALLOW
FOR INDOOR AIR RIFLE AND ARCHERY RANGES
DATE: August 7, 2008
BACKGROUND:
The City of Owasso has received a request from Mr. Steve Singleterry, Administrator for the
Owasso Campus of the Baptist Children's Home to allow for a firearm safety educational course
and a competitive target practice program at their campus facility. A copy of the request letter
from Mr. Singleterry is attached for your information and review.
As addressed in the request letter, the equipment that would be utilized for the proposed program
would be spring force or gas operated pellet rifles and pistols only. No powder charged or metal
cartridge firearms would be utilized. Currently Section 10-308 of the Owasso Code of
Ordinances prohibits the use of air rifles or similar instruments in which the propelling force is a
spring or air within the City Limits. A copy of this portion of the Code of Ordinance is attached.
Chief Yancey, Deputy Chief Chambliss, and Mr. Wiles reviewed the request from Mr.
Singleterry. All felt the indoor instruction and target practice facility requested by Mr.
Singleterry, along with the supervision outlined, did not pose any type of inherent danger or risk.
Staff committed to Mr. Singleterry to place a request before the City Council to amend the Code
of Ordinances to allow for indoor air rifle ranges.
ADDITIONAL INFORMATION:
Upon staff review of the Code of Ordinances, it also became evident that archery facilities were
not addressed. As a result, staff is also proposing that indoor archery facilities be included in the
amendment to the Code of Ordinances.
Staff is in the process of developing an appropriate ordinance to present to the City Council at the
August 19, 2008 regular meeting for the suggested amendments.
RECOMMENDATION:
Unless concerns are expressed by the Council, staff intends to place an ordinance which would
amend the City of Owasso Code of Ordinances to allow for indoor air rifle and archery ranges on
the August 19, 2008 regular meeting agenda of the City Council for action.
ATTACHMENTS:
1. Request Letter from Mr. Singleterry.
2. Copy of Section 10-308 of the City Code of Ordinances
Baptist Children's
WASSO
June 9, 2008
TO: Owasso City Council
RE: Request for a variance
FROM THE DESK OF
STEVE SINGLETERRY
ADMINISTRATOR
The Baptist Children's Home has been in Owasso since 1973 and is a licensed (by the
Department of Human Services) and currently has a capacity of 52 children and youth. Our
program currently provides residential services for children, youth and adolescent maternity
clients for the state. Our residents are typically neglected, abused or come from economically
disadvantaged families. We are a true non-profit SOlc3 as we do not charge families or DHS
for any of our services while the children are in our care. We are proud to be a part of the
Owasso community while "helping children become capable, caring Christian adults..."
The activity program at the Baptist Children's Home is continually reviewed and revised in
order to offer a variety of activities, skills development, recreational and educational
opportunities for our residents during their placement on our campus. Recently, one such
opportunity presented itself at the request of several of our residents that they would like to
learn firearm safety and be able to participate in some form of competitive target practice
program. We respectful submit this proposal and ask your consideration of our request for a
variance in this matter so we might be able to offer a "*firearm" safety educational course and
a competitive target practice program at our campus facilities in Owasso. Please review the
program elements as outlined below.
Instructors: 1) Charles McCormick retired Oklahoma Highway Patrolman, an active
Children's Home volunteer and former employee and 2) Steve Singleterry, Children's Home
Administrator, NRA Youth and Marksman Program. The program would be a scheduled
activity, open to those residents at who are at a higher level of behavior and performance and
the program would maintain a 2 to 1 -resident to staff ratio for safety and supervision at all
times.
Program Elements: Residents would learn "firearm" safety elements: handling, loading,
discharging and cleaning and storage of the rifles and pistols. Range safety procedures would
also be presented and a strict adherence to all rules and guidelines would be required of all
participants. Ear and eye protection will be required and we have floor mats for the various
"shooting" positions for the residents. Instructors would hold classes as a group, but only 2
"shooting" residents would be allowed in the range area with the range master.
Equipment: The program would utilize only spring force or gas operated pellet rifles and
pistols for safety training and target practice. *Absolutely no powder charged or metal
cartridge firearms would be utilized in this program.
Note: We will not use "assault style" or "exotic" styled rifles or pistols, but typical target
practice (single shot or 5 shot magazine) styled rifles that can be discharged at standing,
sitting and prone positions and basic air/gas operated pistol models. These are not toys and
the residents will not have any unsupervised access to the rifles or pistols. We have
researched several programs and equipment used in European based air/gas discharged
competitive target practice programs that are allowed in countries with very strict traditional
firearm laws.
Stora e: All rifles, pistols and pellets will be stored in a locked metal storage cabinet in a
locked storage room, within the Vocational Educational building (which requires staff
supervision for our residents to be in the building) with keys only available to the above
mentioned staff.
Facility: The range would be indoors at our Vocational Educational building (insulated metal
building at 7295 N 127th East Ave, specifically in the "drive through auto bay". The program
would utilize paper target (scoring rings) with steel safety target traps at 50' -all indoors and
within the building's bay. These traps are designed for 22 caliber rimfire target practice and
are more than adequate to stop the spring or gas propelled pellet. In addition, we would place
a large sheet of 1/8" plate steel behind the target traps as secondary or safety backdrop panel
that would stop any stray pellet from the range area. We believe that having the "range",
educational room, and storage indoors at our Vocational Educational building will limit any
substantive noise issues or public viewing of the program.
Target Trap -rated to "trap" a 22
rimfire bullet.
We appreciate your kind consideration of this request, and if you have any additional
questions, please contact either Chuck McCormick or myself at the campus.
Thank You,
Steve Singleterry
Administrator
Baptist Children's Home -Owasso Campus
12700 East 76th Street North
Owasso, Oklahoma 74055
918-272-2233
Offenses and Crimes
b. a firearm used in the commissi+on of a crime other than a violation of subsection
(B) of this ordinance.
Nothing in this section shall be construed to require confiscation of any firearm.
(Ord. No. 854, 04/18/2006)
SECTION 10-307
DISPLAY OF GUNS UNLAWFUL -REPEALED
(State Law Reference: Firearm Regulation-State Preemption, 21 O.S. § 1289.24)
(Repealed by Ord. No. 853, 04/18/2006)
SECTION 10-308 AIR RIFLES PROHIBITED
A. It is unlawful and an offense for any person to have in his possession a loaded air rifle or
pistol, or similar instrument in which the propelling force is a spring or air, within the city.
B. The chief of police or other police officers of the city is and are hereby authorized to seize,
remove or destroy any air rifle, air pistol or similar instrument in which the propelling force is a spring or
air and possessed in violation of this chapter. (Prior Code, Secs. 14-67, 14-68)
SECTION 10-309 DISCHARGING WEAPONS; THROWING MISSILES
It is unlawful for any person, except a duly commissioned police officer or civilian in the presence
and under the direction of duly commissioned police officers of the City of Owasso, Oklahoma, while
participating in training or tournament activities on the Owasso Police Department Firing Range, to
discharge or fire any species of firearms, air pistol, air rifle, air gun, slingshot, or discharge a grenade,
bomb or similar device, or other weapon, or throw any missile within the city, except when necessary for
the protection of life or property in accordance with law. (Prior Code, Secs. 14-54, 14-66, Ord. No. 549,
8/ 17/97)
State Law Reference: Discharging firearms or air rifles in public places, 21 O.S. Section 1364;
authority of city to prohibit discharge of firearms, 11 O.S. Section 655.
SECTION 10-310 RECKLESS CONDUCT
It is unlawful for any person to engage in reckless conduct while having in his possession any
shotgun, rifle or pistol, such actions consisting of creating a situation of unreasonable risk and probability
of death or great bodily harm to another, and demonstrating a conscious disregard for the safety of
another person.
SECTION 10-311 LOUD NOISE OR MUSIC PROHIBITED, AMPLIFIED SOUND
It is unlawful for any person to disturb the peace and quietude of any part of the city by operating,
having operated, or permitting to be operated, any contrivance, whether electric or not, with or without a
loud speaker, in such a manner as to emit loud music, noise or words. This section shall not prohibit
religious bodies from playing chimes, bells, carillons or other religious music. (Prior Code, Sec. 14-57)
SECTION 10-312 NOISES
It is unlawful for any person to create any loud or unnecessary noises of such character, intensity or
duration as to be detrimental, or disturbing to the peace, lives or health of any individual. The following
Page 10-18
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: TIMOTHY D. ROONEY
ASSISTANT CITY MANAGER
SUBJECT: DEBRIS MANAGEMENT PLAN AND PRE-EVENT CONTRACT
DATE: August 7, 2008
BACKGROUND:
Following the December 2007 Ice Storm event, staff had the opportunity to work closely with
both FEMA and Oklahoma Emergency Management representatives. As a result of that work,
staff is aware of two different actions the City of Owasso can take to not only improve the City's
response to a similar natural disaster, but also increase the amount of federal reimbursement.
DEBRIS MANAGEMENT PLAN:
Both cities and counties are encouraged to develop and submit for FEMA approval, a debris
management plan. The objectives of a debris management plan are as follows:
• Reopen roads and provide access to facilities that provide essential government and
population support services.
• Remove debris from public property
• Assist citizens in removing debris from private property
• Reduce the volume of debris going to disposal facilities to extend the life of those
facilities and to reduce costs
• Ensure hazardous materials are segregated from other debris and properly disposed of.
It is very easy for one -especially after the December 2007 Ice Storm - to think of debris only in
the terms of fallen branches. However, debris can follow any type of disaster (both natural and
man-made) and can include building materials, household items, personal property, hazardous
household products, batteries, automobiles, boats, chemicals, food, dead animals, etc.
Successful completion of a Debris Management Plan will allow the City of Owasso to be
reimbursed an additional 5% from FEMA in the event that a federally declared disaster occurs in
Owasso resulting in the need for debris management. For instance, if a debris management plan
would have been in place for the December 2007 event, Owasso could be receiving an additional
$40,000 in reimbursement.
PRE-EVENT CONTRACT:
One aspect of a Debris Management Plan that communities can consider is a pre-event contract
for debris removal services. This is a contract that would be in place -usually for a period of
three to five years -that acts as a retainer for debris management removal and services that could
follow a natural disaster. In the event Owasso suffered a major disaster, this would be a contract
that would already be in place to allow for immediate activation of a debris removal company
and its services -rather than waiting for sealed quotes and publishing bid specifications.
While Owasso's response to the Ice Storm was one of the most rapid in the State of Oklahoma, if
a pre-event contract had been in place, initiation of citywide removal of debris could have
occurred much more rapidly than December 26th
REQUEST:
This is an item for information purposes at this time. Unless concerns are expressed by the City
Council, staff plans to move forward with the development of a Debris Management Plan, as
well as developing bid specifications and seeking bids for apre-event contract for debris removal
services.
Any Debris Management Plan and award of a pre-event contract would require Council approval
and would be placed on a future Council agenda for action.
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: REQUEST FOR ANNEXATION OF STONE CANYON
DATE: August 7, 2008
BACKGROUND:
The City of Owasso has received a request to annex the northern two square miles
(approximately 1,280 acres) of the Stone Canyon development. Stone Canyon is a large multi-
family development proposed for the area roughly between North 161 S` East Avenue and North
193rd East Avenue on the south side of East 76th Street North, stretching south to State Highway
266 (also known as East 46th Street North and Port Road). The entire development area is
3,330.95 acres, and was placed within a Planned Unit Development (PUD) approved by Rogers
County on October 17, 2005.
PROPOSED LAND USES WITHIN STONE CANYON DEVELOPMENT:
A variety of land uses are approved for Stone Canyon, though the lion's share of the acreage is
reserved for single-family residential use. The specific breakdown of land uses is as follows:
1. Single-family residential: 2,655.87 acres
2. Multi-family residential: 60 acres
3. Commercial: 99.02 acres
4. Mining: 458.86 acres
5. Industrial: 36.01 acres
6. Open Space: 21.19 acres
Though the acreages are not yet determined, the developer proposes locations for an elementary
school and a fire station within Stone Canyon in addition to the above uses.
SURROUNDING LAND USE:
Land bordering Stone Canyon within the Owasso fenceline is predominantly used for single-
family purposes, with examples of subdivisions being Rockford, La Strange, Timbergate, and
Oakridge. Gundy's airport lies north of Stone Canyon, and the Anchor Stone rock quarry lies to
the west. Additionally, there are over 500 undeveloped acres bordering Stone Canyon within
Owasso's fenceline.
PRESENT ZONING:
Stone Canyon PUD -Rogers County
DEVELOPMENT PROCESS:
The first step in the development of a piece of property in Owasso is annexation. Annexation is
the method whereby land located outside the City limits is made a part of the City. Property
owners and land developers sometimes choose to have their property annexed into Owasso in
order to receive Owasso municipal services, such as police and fire protection, refuse collection,
and sanitary sewer.
The second step in the development of a piece of property in Owasso is rezoning, and can
happen concurrently with annexation. In order to develop the property the land must be zoned
for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning
decisions are made in accordance with the growth policy displayed in the Owasso Master Plan.
The third step in the development of a piece of property in Owasso is platting. A preliminary
plat is required for any development that proposes to divide land into two or more lots.
Preliminary plats illustrate the development concept for the property, and are often modified
significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso
Planning Commission. Sometimes, difficult development issues such as existing utility lines,
wells, or easements are brought to light at the preliminary plat stage and must be remedied prior
to development.
ANNEXATION REVIEW PROCESS:
The annexation process is initiated when a property owner submits a petition to the City of
Owasso requesting that the City bring the property into the City limits.
The applicant must submit as part of the request a signed petition requesting the annexation, an
accurate legal description and map of the property being requested for annexation, and a certified
300' radius report so that staff may send legal notices to surrounding property owners. Upon
receipt of all appropriate materials, the staff initiates the review process which begins with a
thorough analysis of the request.
The annexation request is then presented to the Owasso Annexation Committee for review and
recommendation. The Annexation Committee is made up of staff, elected officials, and citizens.
The Committee reviews the petition for compliance with the Annexation Policy and establishes a
recommendation to the Owasso Planning Commission.
The Owasso Planning Commission holds a public hearing to determine if the property is
compliant with the Owasso Annexation Policy and establishes a recommendation to the Owasso
City Council.
The Owasso City Council will make the final determination to annex the property or refuse
annexation. If the property is annexed into the City limits, an ordinance officially declaring the
2
annexation is written and adopted by the City Council. Once adopted, the ordinance is circulated
to the appropriate regional and national agencies for recording and altering maps.
LEGAL CONSIDERATIONS OF ANNEXATION:
According to Oklahoma statutes, the City of Owasso may annex this property with the consent of
the property owner as long as the territory is contiguous to the existing incorporated limits of the
City. While the property is not adjacent with the developed portion of the city's limits, the
property does lie contiguous to the city's fenceline, a 66' wide strip of incorporated area,
satisfying the statutory requirement. Owasso ordinance number 346 annexed this 66' wide
fenceline, and was passed on October 18, 1985.
According to municipal requirements for annexation, once the City of Owasso receives a request
from the property owner for the territory to be made a part of the incorporated area, the request is
reviewed by the Annexation Review Committee, Planning Commission, and City Council. The
Annexation Review Committee originally considered the annexation at their meeting on
November 28, 2007. At that meeting, the committee determined that the Stone Canyon territory
requested for annexation is serviceable by the City of Owasso and recommended approval of the
annexation.
However, the annexation process was paused after the November Annexation Review
Committee meeting so that the issue of fire service, an on-going concern for the development,
could be addressed. The staff is now prepared to bring the annexation request back to the
committee so that the annexation process can be resumed.
The Owasso Planning Commission will consider the annexation at a public hearing, and will
then make a recommendation to the City Council whether to annex the property. The City
Council will then consider the annexation request.
As per code requirements, the staff has mailed notices of the public hearing to the owners of
property within 300' of the subject territory, and has published the notice of the public hearing in
the Owasso Reporter.
ANAT.VCTC•
The applicant is requesting that the City of Owasso annex approximately two square miles
(1,280 acres), located between North 161St East Avenue and North 193rd East Avenue on the
south side of East 76th Street North. It is the applicant's intention to develop the property for a
variety of uses, including residential subdivisions, an elementary school, and a fire station. The
property has already been placed within a Planned Unit Development (PUD), and parts of the
property have already been platted. The applicant has requested that the land be annexed into
Owasso so that the development will be able to receive municipal services.
These two square miles form a part of a development known as Stone Canyon, a large multi-use
community planned to extend from East 76th Street to the north to Highway 266 to the south.
Over 3,000 acres in size, Stone Canyon proposes a variety of uses, including residential uses of
varying densities, commercial and office uses, an elementary school, rock quarrying, and
recreational uses such as a golf course and hiking trails. The terrain located within Stone
Canyon is quite diverse; the northern portions of the development (those requested to be
3
annexed) are characterized by gently rolling pastureland, while the southern part of the
development contains steep rocky canyons and bluffs. Currently, Stone Canyon does not have
sanitary sewer service. It receives water from Rogers County Rural Water District #3, and lies
within the Limestone fire district.
The portion of the development that is proposed for annexation is under the beginning stages of
development. Three subdivisions totaling 252 acres and 174 residential lots have been approved
by Rogers County. All three of these additions are located northwest of the intersection of North
193`d East Avenue and East 66`'' Street North. These neighborhoods occupy the southeastern
portion of the territory requested for annexation. It is the staff's understanding that to date no
structures have been occupied.
The property is bounded to the north and east by large-lot residential properties of varying
densities. Land to the south of the property is still undeveloped, while the rock quarry is situated
west of the property. To date, the staff has not received any questions or comments from
surrounding property owners.
The property is accessible via East 76`'' Street North, and lies within the Rogers County Rural
Water District #3 water service area.
PROPOSED WASTEWATERLINE:
The City of Owasso is currently considering extending a 10" gravity interceptor to the western
boundary of the Stone Canyon development. The cost of such an extension is estimated to total
$4.2 million. It is anticipated that the developers of Stone Canyon would then extend the
sanitary sewerline into the development to serve the various uses such as the elementary school,
fire station, commercial area, multi-family area, and a portion of the single-family area. In
total, over 3,800 acres both within Stone Canyon and outside Stone Canyon could be made
serviceable by the proposed sanitary sewerline.
DESCRIPTION OF SUBDIVISIONS BEING CONSTRUCTED WITHIN STONE
CANYON:
Three single-family subdivisions within Stone Canyon have already been approved by Rogers
County. All three of these additions are located within the eastern section proposed to be
annexed by the City of Owasso. There are currently four houses being actively constructed in
this area. These subdivisions are accessible via North 193~a East Avenue, and are recorded as
follows:
1. Settler's Creek at Stone Canyon 48 lots 71 acres
2. Tanglewood at Stone Canyon 741ots 93 acres
3. Lakes at Stone Canyon 52 lots 88 acres
The sizes of the single-family lots within these three developments range from 0.79 acres
(34,323 square feet) to 1.49 acres (64,913 square feet). The attached City Engineer's report
details the City's findings related to the infrastructure of the three subdivisions, synopsized
below.
4
STORMWATER DRAINAGE -
In many aspects, the stormwater drainage provided for the three subdivisions is satisfactory,
although the stonnwater system falls short of meeting the requirements of the Owasso
Engineering Design Criteria.
The most concerning observation about the stormwater drainage is that there is a significant
amount of silt impacting the ditches and threatening to clog the culverts within the system. If the
capacity of the stormwater system is to be maximized, this silt will have to be removed.
All three of the new subdivisions drain to the west through Stone Canyon property to a basin that
will be used to provide detention for almost all of Stone Canyon - a proposed 60 to 80 acre lake
to be located in the western section requested for annexation by Owasso.
The subdivisions have been designed with borrow ditches instead of curbs, gutters, and inlets.
Sidewalks have not been designed for these subdivisions.
The basic findings of the engineering review are: 1) that the driveway culverts should be 6"
larger than the minimum diameter indicated to be appropriate by the hydraulic analysis, 2) that
the ditch velocities should be increased to at least 2.5 feet per second, and 3) that the borrow
ditches should be constructed with a trickle channel at the bottom of the ditches.
STREETS AND GRADING -
The streets within these residential subdivisions do not meet City of Owasso standards. The
major deficiencies of most concern are 1) the pavement thickness is considerably less than the
6%2" required by the City and 2) not all of the road sections are bordered with a 2' shoulder.
In order to meet the needs of local traffic, school buses, and refuse collection vehicles, the
Owasso Engineering Design Criteria call for a minimum thickness of 6%" for street pavement.
The pavement thickness found in the subdivisions varies from 1%" to 4%2". The staff believes
that the roads constructed in the subdivisions will have a significantly shorter life than roads built
within Owasso that meet the design criteria. The base under the roads is believed to be
acceptable. The roads' sub-base is compacted to 95% standard density; however, no sub-base
treatment (modifications with lime or fly ash) was performed to account for the presence of
plastic soils.
Some of the completed portions of the pavement are without 2' shoulders. Such shoulders
should be constructed with streets that do not have curbs and gutters, in order to provide support
for the pavement. The lack of these 2' shoulders will likely result in pavement degradation,
particularly at the pavement edge.
WASTEWATER TREATMENT -
These three subdivisions (174 lots) are intended to have private, individual, aerobic sewer
treatment systems. Further, the same amount of area (and likely another 150 to 200 lots) to the
north of these subdivisions within the territory requested for annexation has been proposed to be
constructed with aerobic sewer treatment systems. The City of Owasso is allowed to permit such
aerobic systems within the city limits. However, the staff has serious concerns about the long-
5
term viability of aerobic treatment. The maintenance of such systems will be left to the
homeowners. If the systems are not properly maintained, the City of Owasso could be
compelled to eventually provide sanitary sewer service to these residential additions if the
annexation is approved.
The Owasso Wastewater Treatment Plant does have the capacity to treat the anticipated increase
in flow resulting from the Stone Canyon development.
WATER -
Water service to Stone Canyon will be provided by Rogers County Rural Water District No. 3.
The waterline designs appear to be satisfactory for the most part. The major issue of concern
with the water system is that the fire hydrants proposed for the first three subdivisions in Stone
Canyon are two-way hydrants. These hydrants are inadequate for fire-fighting purposes. Three-
way fire hydrants should be constructed to allow for the ability to adequately fight fires.
OWASSO ENGINEERING DESIGN CRITERIA:
The Owasso Engineering Design Criteria do not currently allow for developments that include
borrow ditches for street sections, nor do the criteria allow for aerobic systems -sanitary sewer
systems are required unless a special exemption is permitted by the Public Works Director.
The staff finds that it can be appropriate for estate developments (such as the type allowed in the
RE zoning District) with lots of at least 24,000 square feet in size to be developed without
sidewalks and with borrow ditches along street sections, provided that the streets are bordered
with a sufficient shoulder. Therefore, the staff is prepared to bring forward a recommendation
that the Engineering Design Criteria be revised to allow for streets with borrow ditches for
developments containing lots at least 24,000 square feet in size - RE zoning or larger. Further,
the staff is prepared to recommend that such developments not be required to include sidewalks.
The staff also finds that the current wastewater treatment regulations are appropriate; individual
aerobic systems should not be allowed for developments within the city limits and sanitary sewer
systems should be required for developments within the city limits.
MUNICIPAL COSTS OF ANNEXATION:
In addition to analyzing the conditions of the currently developing portion of Stone Canyon, the
staff has examined the departmental costs that annexation of the development would bring.
These costs include capital costs of constructing facilities and purchasing equipment, as well as
costs associated with acquiring new personnel and providing annual maintenance for the area.
This does not mean that all facilities, equipment, and personnel have to be accounted for
immediately; since the area will likely take several years to develop, some of the City's costs
would be able to be delayed until such time as new density and population demand.
These cost estimates are based on projections of 750 dwellings (a population of 2,000) within the
incorporated limits of Stone Canyon, and an overall population of up to 10,000 for the entire
Stone Canyon development, including that portion that will not be within the Owasso city limits.
6
PUBLIC WORKS COSTS
The largest apparent cost of annexation for the Public Works Department is the price of
extending a sanitary sewerline to Stone Canyon. The total up-front obligation for the line is
estimated at $5.2 million. While $3.4 million of that estimate will be eligible for pay-back to the
City as the area in and around Stone Canyon develops, the payback is likely to occur slowly over
time, conditioned by the health of the market.
The other major capital cost to be borne in the Public Works Department would be the purchase
of a new refuse collection vehicle to serve the annexed area - $250,000.
Three new personnel would be required by the Public Works Department -one each for the
Refuse Collection Division, Wastewater Collection Division, and Stormwater Maintenance
Division. The annual cost of these personnel is estimated at $150,000.
Also, the staff estimates that $20,000 would be required for the periodic maintenance, upkeep,
and repair of infrastructure such as sanitary sewerlines, stormwater drainage systems, and streets.
The one-time costs listed above total $4.45 million, and the total annual Public Works costs are
estimated at $170,000.
POLICE DEPARTMENT COSTS
Based on an estimated population of two thousand residents, the staff would recommend four
patrol officers and one detective be added to the authorized sworn police force. Adding four
officers would add one officer to one of the four shifts, allowing more officers to be available
around the clock to serve the extended area. The initial cost of hiring five personnel with
equipment (such as patrol vehicles) would be approximately $490,000, with an estimated annual
salary and maintenance cost in following years of $365,000.
The one-time Police Department costs total $125,000, and the total annual Police Department
costs are estimated at $365,000.
FIRE DEPARTMENT COSTS
In order to maintain current municipal ISO ratings levels, the location and size of the Stone
Canyon development compels the staff to consider the prospect of constructing and staffing a
new fire station to serve the Stone Canyon vicinity. The cost estimate for the fire station (which
is envisioned to include a Police substation) is $2.3 million. Twelve firefighters would be
required to fully staff the new station, with an estimated annual cost of $762,000. Two new
vehicles, one fire engine and one ambulance, would be necessary to serve the new station, at a
cost of $650,000.
The one-time Fire Department costs total $2.95 million, and the total annual Fire Department
costs are estimated at $762,000.
7
SUMMARY OF TOTAL MUNICIPAL COST ESTIMATES
One Time EstimatE
Sanitary sewerline
Refuse vehicle
Police equipment
Fire station
Fire vehicles
;d Municipal Costs
$5.2 million
$250,000
$125,000
$2.3 million
$650,000
Annual Estimated Municipal Costs
Added Public Works personnel $150,000
Annual infrastructure maintenance $20,000
Added Police personnel $365,000
Added Fire personnel $762,000
Total one time costs: $8,525,000
FINDINGS:
Total annual costs: $1,297,000
As noted above, there are several issues of concern related to the annexation of the northern two
square miles of the Stone Canyon development.
The fact that the territory remains within the Limestone Fire District means that the property
owners within Stone Canyon would be forced to pay taxes to the fire district for a fire protection
service that would be provided by the City of Owasso. Even if the territory is detached from the
district, the owners would pay ad valorem taxes until the debt currently incurred by the fire
district has been satisf ed.
Most of the other concerning issues related to the Stone Canyon annexation revolve around the
condition of the three subdivisions currently under design and development. These three
subdivisions will not be on sanitary sewer systems. The stormwater drainage systems in these
areas appear to be under threat from silt infiltrating drains and culverts. The streets in the
subdivisions are not built to municipal standards. Finally, the fire hydrants proposed for the
subdivisions are inadequate for providing a municipal level of fire protection.
As a result of these infrastructure conditions, it is likely that the life of the infrastructure will be
significantly less than the life of the infrastructure had it been constructed to city standards. If
the City of Owasso chooses to annex these subdivisions, then an investment will be needed to
improve the condition of the infrastructure, likely within the next few years.
Of course, these concerns are balanced by the recognition that this area lies within the Owasso
fenceline. Because of its proximity to the development, the City of Owasso will likely be
compelled to annex the territory eventually. After all, the City of Owasso has been around for
more than 100 years and will be here 100 years from now. Similarly, this development will exist
in some form for the foreseeable future. It has been observed over time that property values in
developments outside the jurisdiction of municipal services such as public safety, public utilities,
and services such as refuse collection and code enforcement decline more rapidly than similar
developments lying within the jurisdiction of those same municipal services. This decline in
value will eventually have a detrimental impact on the values of adjacent properties that exist
within the city limits, causing the municipality to desire to annex the territory, improve the
conditions causing the drop in value, and thereby stabilize the values of incorporated properties.
8
Further, the residents of Stone Canyon will likely identify themselves as Owassans. They will be
included within the Owasso school district, zip code, telephone exchange, legislative districts,
and ambulance boundary. They will shop, work, eat, recreate, worship, and interact in the same
places as those who live within the city limits. Essentially, they will be us. It is important to
remember that, while the City of Owasso may not have a legal obligation to include the
development within Owasso's corporate boundaries, the City should not ignore or exclude those
who live in proximity from the municipality. Annexation is one of the most obvious and
appropriate ways to avoid such exclusion.
RECOMMENDATION:
The staff is mindful that the three subdivisions currently under development within Stone
Canyon do not meet municipal standards, and that the remainder of the development has yet to
be constructed and improved. Therefore, the staff intends to recommend that the City of Owasso
annex the northern two sections of Stone Canyon with the exception of the boundaries of the
three subdivisions currently under construction, and that Stone Canyon PUD, as approved by
Rogers County, be accepted as the allowed land use distribution pattern for the annexation.
ATTACHMENTS:
1. Map of area requested for annexation
2. Map of area recommended to be annexed by the staff
3. Exhibit depicting Stone Canyon PUD
4. City Engineer's report dated January 15, 2008
9
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TO: ROGER STEVENS
INTERIM PUBLIC WORKS DIRECTOR
ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
FROM: JOE JOHN NURRE, P.E.
CITY ENGINEER
SUBJECT: INFRASTRUCTURE DESIGN AND CONSTRUCTION CRITERIA
COMPARISON -STONE CANYON DEVELOPMENT (ROGERS
COUNTY) VS. CITY OF OWASSO
DATE: January 15, 2008
BACKGROUND:
Stone Canyon is Planned Unit Development located in all or portions of Sections 35 and 36 of
Township 21 North, Range 14 East, Sections 1 and 2 of Township 20 North, Range 14 East and
Section 6, Township 20 North, Range 15 East in Rogers County. This area is generally bounded
by 76th Street North on the north, 193 East Avenue on the east, 46th Street North on the south
and 161St East Avenue on the west. Sections 35 and 36 are within the City of Owasso fenceline;
but are not within the incorporated limits. When completed, Stone Canyon will contain areas of
single-family residential (2,616 acres), multi-family residential (60 acres), commercial (90 acres),
mining (458 acres) and industrial (36 acres) development - in all, nearly 3,300 acres.
Construction of the first two residential phases of Stone Canyon, as well as perimeter fencing
and other site amenities, began in July 2007. Planning and design of the third residential phase
is currently underway. The design and construction of these phases was performed under the
provisions of a PUD initially approved by the Rogers County Planning Commission on October
6, 2005 and by the Rogers County Board of Commissioners on October 17, 2005. The Rogers
County Subdivision Regulations and the Roadway, Drainage and Detention Addendum
(September 2005) to these regulations served as governing specifications.
Subsequently, the developers of Stone Canyon requested the City of Owasso to consider the
annexation of the two sections of the development within the City's fenceline (Sections 35 and
36). This annexation would result in the incorporation of 1280 acres of constructed or proposed
development and associated infrastructure the design of which is based on criteria which differ
from the City of Owasso Engineering Design Criteria, Construction Standards and Standard
Drawings.
This memorandum is intended to compare and contrast the design and construction standards
for Stone Canyon public infrastructure as it is presently being developed with current City of
Owasso design and construction standards and to consider some of the implications of the
differences and similarities.
Documents consulted in the preparation of this memorandum include City of Owasso
Engineering Design Criteria, Construction Standards and Standard Drawings; City of Owasso
Subdivision Regulations; Rogers County Subdivision Regulations; Stone Canyon Lift Station
Report (Preliminary Draft, August 2007 -prepared by Kellogg Engineering, Inc.); Construction
Plans for The Lakes at Stone Canyon (October 2006 -prepared by Kellogg Engineering Inc.);
Hydrology Study & Engineering Report -The Lakes at Stone Canyon Phase I (October 2006 -
Infrastructure Design And Construction Criteria
Comparison -Stone Canyon Development (Rogers
County) vs. City Of Owasso
Page 2 of 10
prepared by Kellogg Engineering Inc.); Water Plan -The Lakes at Stone Canyon -Phase I
(Kellogg Engineering Inc. -May 2007); Stone Canyon PUD (Final Version -January 2006;
Approved -October 2005) and the Stone Canyon website (www.stonecanyonlivinq.com).
LAND SUBDIVISION:
Lot sizes for the two subdivisions provided for review (Settler's Creek and Tanglewood) meet or
exceed City of Owasso bulk and area requirements for RE (Residential Estate) zoning. Lot sizes
in Settler's Creek range between 0.77 acres and 1.31 acres. Average lot size is 0.96 acres. Lot
sizes in Tanglewood range between 0.79 acres and 1.49 acres. Average lot size is 1.03 acres.
A 35' front yard building line is maintained on all lots; no rear yard set backs are indicated. A
minimum 10' drainage easement is provided along both side lot lines of every lot. Rear yard
utility easements correspond to City of Owasso practice. Perimeter easements are 17.5';
adjoining lot easements are 11'.
Some attention to topography should be addressed in the consideration of possible annexation
of portions of Stone Canyon. Subdivision boundaries and collector streets do not necessarily
follow section line boundaries. For example, although the majority of the Tanglewood
development is situated in Section 36, T21N, R14E, some portions extend into Section 1, T20N,
R14E and Section 6, T20N, R15E. Other portions of the conceptual plan which are mostly
situated in Sections 35 and 36 also extend into other sections further to the south. Some
attention should be directed to annexation boundaries in order to eliminate the possibility of
inconsistent jurisdiction in adjacent properties.
STORMWATER SYSTEMS:
Stone Canyon/Ropers County
1. Minor culvert design by Rational Method
City of Owasso Criteria
Rational Method accepted by City of Owasso
criteria
2. Major culvert design by NRCS method
3. Minor ditch (roadway side-drains) velocities
range between 1.2 and 2.6
feet per second
4. Allows overland flow across more than two
lots
NRCS method recommended by Owasso
criteria for this application
Minimum ditch velocity - 2.5 feet per second
to avoid sedimentation; maximum ditch
velocity - 6.0 feet per second to prevent
erosion
Restricts overland flow across no more than 2
lots
5. Allows swale (borrow) ditches to carry runoff Requires curbs, gutters, inlets and pipe
Infrastructure Design And Construction Criteria
Comparison -Stone Canyon Development (Rogers
County) vs. City Of Owasso
Page 3 of 10
along streets
conduits -roadside channels must comply
with criteria for all other open channels
6. Minimum ditch slope - 0.6%
7. Major channel geometry -16.0' bottom
width/2:1 side slopes (with erosion protection)
8. Minor channel geometry corresponds with
City of Owasso standards - no pilot channel
provided
9. No engineered Phase I detention
10. Allows 12" driveway culverts
11. Acceptable driveway culvert materials
include:
Smooth steel
Reinforced concrete pipe (RCP)
Corrugated metal pipe (CGMP)
High density polyethylene (HDPE)
(HDPE may only be used if driveway is 6"
concrete or thicker)
- indicated plan dimensions are for smooth-wall
pipe; culverts must be 6" larger diameter pipe
for CGMP
12. Acceptable roadway culvert materials
include:
Smooth steel
Reinforced concrete pipe (RCP)
Reinforced concrete box (RCB)
Corrugated metal pipe (CGMP)
HDPE (with 24" cover or greater)
Minimum ditch slope - 0.2%
Owasso major channel criteria geometry
includes 4.0' minimum bottom width/3.5:1 side
slopes (without erosion protection)
Roadside ditches must comply with open
channel criteria -paved bottom (pilot channel)
required to provide hard surface flow line for
cleaning and maintenance
Requires stormwater detention to be
engineered and constructed in first phase
Minimum driveway culvert is 15" (w/
recommended change to 18")
Acceptable driveway culvert materials include:
Reinforced concrete pipe (RCP)
- HDPE and CGMP are specifically excluded
Acceptable roadway culvert materials include:
Reinforced concrete pipe (RCP)
Reinforced concrete box (RCB)
The Hydrology Study for The Lakes at Stone Canyon (Phase I) uses SCS Unit Hydrograph
methodology for developing a stormwater runoff analysis for the project. This methodology is
preferred in the City of Owasso, particularly for drainage basins larger than 60 acres. Although
Infrastructure Design And Construction Criteria
Comparison -Stone Canyon Development (Rogers
County) vs. City Of Owasso
Page 4 of 10
the preferred methodology has been used for this report, its specific implementation would likely
not have been approved by initial Public Works review. The report is able to take advantage of
the small project area relative to the large watershed it is associated with to show no adverse
effects on downstream property and no need for temporary or permanent detention.
This should in noway imply a criticism of the report - it reflects an analysis performed during
the early stages of a particularly large development without reference to other portions of the
conceptual plan. Both the Stone Canyon PUD and this report reference a primary on-site
detention pond/lake with a surface area in excess of 60 acres as part of the conceptual plan.
The report best serves to point out the need for a comprehensive drainage master plan for the
development which would reflect the multiple land uses and relative sizes of the development
areas.
Because design features such as open side ditches without curbs, gutters, and inlets do not
reflect the typical urban environment, no provision for their construction is included in the City of
Owasso Engineering Design Criteria. These features may, however, be appropriate for the sort
large acreage, estate lots proposed for Stone Canyon. If these improvements are designed
using sound engineering practice to provide efficient stormwater conveyance through the
development and ease of maintenance over their design life, there is no reason not to allow
their use in selected, large-lot areas in Stone Canyon.
The reduction in flow area over time in both open ditches and culverts by silt deposits is the
single biggest argument against the use of these features in an urban environment. Secondarily,
they use a large portion of the right-of-way and reduce or eliminate the ability to serve
pedestrian needs with sidewalks.
To address these concerns, we recommend:
- Driveway culverts should be oversized 6" larger than the minimum diameter indicated by
the hydraulic analysis. This would considerably extend the design life of the system prior
to maintenance activities such as culvert cleaning and ditch shaping and restoration.
- Initial hydraulic design should provide for ditch velocities of no less than 2.5 feet per
second. An advantage of large estate lots is the reduction of total stormwater runoff
because of the relatively small ratio of impervious area to overall lot size. However, this
reduction may result in slower runoff velocities, which lead to greater amounts of silt in
ditches and pipes. Sufficient velocity to clear the ditch "naturally" should be provided for
in the design.
- Open side ditches should be constructed with a small concrete pilot channel or trickle
channel at the flowline between culverts and other structures. While this would represent
an additional increment of initial work (and cost) during construction, it would greatly
facilitate ditch maintenance and reduce ditch erosion over the design life.
- Sidewalks are problematical for this sort of construction. Unless a sidewalk easement is
provided for on the property side of the drainage ditch back-slope, no area is available
within the right-of-way for construction of these features.
Infrastructure Design And Construction Criteria
Comparison -Stone Canyon Development (Rogers
County) vs. City Of Owasso
Page 5 of 10
STREETS;
Stone Canyon/Ropers County
1. Typical section indicates 50' right-of-way
with 5' D/E, U/E each side
City of Owasso Criteria
Typical section indicates 50' right-of-way.
Roadway, sidewalk and utilities all contained
within this dimension.
2. Typical section street width shown as 24' -
Rogers County subdivision regulations require
curb and gutter "inside municipal jurisdiction"
3. Sub-base compacted to 95% of Standard
Density. No requirements for modifications for
plastic soils (PI>10).
4. Typical section indicates 6" of 1-1/2"
compacted aggregate (no gradation
specification) as roadway base
5. Typical section indicates asphalt surface
course to be depth required by Rogers County
specifications - no depth indicated on drawings.
6. Street names by plat
7. No apparent requirement for sidewalks
8. Dedicated cross-walks may be required for
blocks exceeding 1,200 feet.
9. Cul-de-sac right-of-way radius - 60';
pavement radius - 45'
Typical section street width is 26' face- of-curb
to face-of-curb.
Sub-base compacted to 95% of Standard
Density. Sub-base modified with lime or flyash
for plastic soils (PI>10).
Typical section requires 8" of ODOT Type "A"
aggregate as roadway base (or treated and
compacted sub-base as above).
Typical section requires 6-1/2" of asphalt (6"
of concrete) for roadway surface course.
Street names to follow Tulsa County system
Sidewalks required
Dedicated cross-walks may be required for
blocks exceeding 800 feet.
Cul-de-sac right-of-way radius - 55'; pavement
radius - 45'
A visual inspection of the constructed pavement at "The Lakes at Stone Canyon" (Settler's
Creek and Tanglewood subdivisions) indicates considerable (and inconsistent) deviation from
the construction drawings provided to Public Works for review. Some deviation in width is to be
expected for asphalt roads without curb and gutter and the constructed product is within an
acceptable range for this dimension (no less than 24'; no greater than 25'). However, depth of
Infrastructure Design And Construction Criteria
Comparison -Stone Canyon Development (Rogers
County) vs. City Of Owasso
Page 6 of 10
the roadway courses varies considerably. No sub-base was available for inspection; but
aggregate base appeared to meet or exceed the required dimensions. Most aggregate base for
residential sections was no less than 8" thick and predominately as much as 10" thick. Base for
residential collectors was as much as 12" thick. Thickness of the asphalt surface course was as
little as 1-1/2" thick and as great as 4-1/2" thick. The design engineer has informed Public
Works that the intended asphalt thickness for the constructed surface course is 3 ". Public
Works has scheduled pavement borings and sub-surface investigations at 10 locations
throughout the development to provide more accurate measurements of the constructed
dimensions.
Although the plan version of the typical section provides for 2' shoulders as part of the
construction, these shoulders were not observed on the completed portions of the pavement. It
is extremely important -particularly in fill sections -that these shoulders and the associated
side-ditch foreslopes be carefully constructed and compacted. These features provide lateral
support to the paving section and prevent migration of the base from beneath the surface
course. Failure to exercise diligence in this construction will result in limited paving life,
particularly at the pavement edge.
The City of Owasso has determined, through experience, that 6-1/2" of asphalt surface course
represents a minimum dimension for streets in an urban environment. Not only must these
streets meet the needs of local traffic, but they must also regularly carry the heavier loads of
school buses and refuse collection vehicles. Although the extensive use of aggregate base at
Stone Canyon goes far in producing a typical section equivalent to (or better than) the standard
Owasso section, it must be combined with a surface course which meets the needs of urban
traffic. Public Works is prepared to consider deviations from the standard section provided they
are prepared by a licensed professional engineer and are based on realistic estimates of current
and projected traffic loads.
SANITARY SEWER:
Proposed initial phases of Stone Canyon -currently either in design or under construction -
include:
Settler's Creek 71 Acres 48 Lots
Tanglewood 93 Acres 74 Lots
Lakes at Stone Canyon - Ph III 88 Acres 52 Lots
These first phases are intended to have private, individual, aerobic sewer treatment systems.
These systems are small process units designed to digest organic matter and settleable solids
in an oxygenated environment to produce a clarified liquid which is applied to the ground
surface by sprinkler jets. The units represent a relatively new technology for providing sanitary
sewer treatment for low population density areas for which the cost of conventional gravity
sewers would be prohibitive. The design, construction and maintenance of these units are
Infrastructure Design And Construction Criteria
Comparison -Stone Canyon Development (Rogers
County) vs. City Of Owasso
Page 7 of 10
governed by the requirements of the Oklahoma Department of Environmental Quality Individual
and Small Public On-site Sewage Treatment Systems.
The City of Owasso requires all developments within the municipal jurisdiction to connect to its
sanitary sewer collection system. While there are likely some isolated homes or areas in the city
still served by septic systems as a result of a relic condition prior to annexation, no provisions
for private, individual treatment systems, either aerobic or septic, are included in the
Engineering Design Criteria and Construction Standards. However, the criteria allow sufficient
latitude on the part of the Public Works Director to permit systems such as these by special
exemption.
The area of Stone Canyon more or less south of 66th Street North is topographically challenged
for the extension of a gravity sanitary sewer collection system. The design engineer has
proposed, as part of the Stone Canyon Lift Station Report, that this area of the development
also be served by individual treatment systems. This area consists of 1316 gross acres, of
which 785 acres are indicated as available for development. The most recent conceptual plan
shows 539 lots in this area which is consistent with the lot size and density established for the
Lakes at Stone Canyon.
After deducting the areas reserved for private treatment systems as well as the areas reserved
by the PUD for mining and industrial land uses, the remainder of the development more or less
north of 66th Street North is potentially available to be served by sanitary sewer provided by the
City of Owasso. This area consists of 1198 gross acres. Several potential land uses are
indicated by both the recent conceptual plan and the lift station report including:
- Single family homes
- Patio homes
- Park homes
- Garden villas
- Commercial development
- School site
- Church sites
- Park land
- Sports facilities and playing fields
- 80 acre lake
The developer has indicated in the PUD document the need for significant flexibility in creating
land use areas to create a quality development consistent with marketplace demands. While
this flexibility is a necessity, given the extent of the development, it makes infrastructure
planning somewhat problematical. Stipulations and agreements associated with the land
transactions with the prior owner's require definite amounts of open space and general use
property. It is likely that these agreements will limit the density in this area.
After deducting the areas reserved for such use, including park land, sports facilities and the 80
acre lake, the lift station report states that 890 net acres are available for development. Without
Infrastructure Design And Construction Criteria
Comparison -Stone Canyon Development (Rogers
County) vs. City Of Owasso
Page 8 of 10
reference to any particular or definite land use and development plan, the report stipulates a
load on the collection system equivalent to the load generated by 1000 single family homes.
This proposed load could potentially be generated by any possible combination of the remaining
land uses indicated. Without the benefit of more specific development plans, it represents a
reasonable estimate of likely sewer demand.
When investigating the feasibility of extending an interceptor sewer along a 76th Street North
alignment, Public Works considered the possibility of opening other areas of the basin for
potential development. While these areas are not as extensive as the Stone Canyon
development and have already experienced some development, they represent additional
potential for both commercial and residential development. In all, approximately 1563 gross
acres or 1094 net acres are available for sanitary sewer service in areas north of 76th Street
North, east of 193~d East Avenue and south of 76th Street North in Section 34. Based on the
same ratio of load to area developed for the northern portions of Stone Canyon (1.12 lots/acre),
this area has the potential to generate the equivalent load of 1229 lots (of which between 350
and 375 are already developed).
The City's wastewater systems consultant, Greeley & Hansen, has developed a conceptual
estimate for a proposed gravity interceptor sewer to serve the 76th Street North corridor. An 18"
gravity sewer along a 76th Street North alignment from a connection to the Elm Creek
Interceptor to the 76th Street North and 161St East Avenue intersection (approximately 1.5 miles)
has an estimated construction cost (for planning purposes) of $2,378,000. A 10" sewer
extending an additional 0.67 miles east from 161St East Avenue has an estimated construction
cost of $665,000. Total project costs are $3.1 million.
Combining possible project costs with proposed service units in both Stone Canyon and the
adjacent portions of the basin develops a potential payback cost of $1400 per service unit or
service connection.
Wastewater collection and treatment system improvements downstream of this development
insure that the City of Owasso has the capacity to convey and treat the anticipated increase in
flow. Based on 2005 Wastewater Master Plan recommendations, design work is currently
underway to increase treatment plant capacity from 3.3 MGD (average) to 4.5 MGD and 4.5
MGD (peak) to 6.2 MGD. Additional improvements include renovation of the 117th Street Lift
Station to increase capacity to 10 MGD. Construction of these improvements is anticipated to be
completed by Fall/Winter 2009. Funding is by low interest Clean Water State Revolving Fund
loans.
Subsequent to completing these improvements, the Elm Creek Interceptor becomes a limit to
capacity. The Wastewater Master Plan anticipates this need and recommends replacement (or
augmentation) of the lower end of this line in FY 2010-2011 to provide the equivalent of 42" of
pipe diameter. Projected costs are $1.45 million.
Infrastructure Design And Construction Criteria
Comparison -Stone Canyon Development (Rogers
County) vs. City Of Owasso
Page 9 of 10
WATER:
Domestic water supply for the Stone Canyon development is provided by Roger County Rural
Water District No. 3. All engineering design and construction is governed by Rogers County
Rural Water District #3 Standard Details and Specifications. The City of Owasso has been
fortunate to enjoy a good working relationship with the water district, particularly in urban areas
where the jurisdiction of the two entities overlaps. Engineering and construction criteria for both
entities are similar (or identical) and both must meet or exceed the requirements of the
Oklahoma Department of Environmental Quality Public Water Supply Construction Standards.
Public Works was able to review water plans provided by Kellogg Engineering for the two sub-
divisions -Settler's Creek and Tanglewood -currently under construction at Stone Canyon. As
designed, this system is consistent with City of Owasso criteria including pipe sizes and
material, sleeved crossings and suitable backfill material under streets. The system is internally
looped with no dead-end lines and has effective provisions for connections to future phases.
However, the proposed design differs from City of Owasso criteria in three important areas:
- All cul-de-sacs shown in the plans are served by 2" lines. While this is not accepted
practice in the City of Owasso, it is common practice in the rural water districts.
Acceptance of this design relies on an interpretation of ODEQ requirements. The Public
Water Supply Construction Standards require a minimum main size of 6" in diameter for
all systems providing fire protection. This is often construed to mean that any line that
serves a fire hydrant must be 6" or larger; but that lines providing domestic service only
may be smaller. In these systems, hydrants are provided at the cul-de-sac entrance; but
no closer. This could be a disadvantage in fighting a fire in a deep (greater than 300
feet) cul-de-sac.
- Depth of bury for the proposed water line is indicated by plan note as 36". This
requirement is identical to City of Owasso specifications and exceeds the ODEQ
requirement of 30". The requirement is intended to protect the main from freezing or
physical damage. However, when considering the Stone Canyon system, some
provision should be made for those occasions when the line intersects the open
drainage. Rogers County specifications require the roadway side-ditches to be 2-feet
(minimum) below the top of subgrade. Depending on the elevation of the existing soil
relative to the roadway at the time the water line was constructed, this installation could
leave as little as 12" of cover at the bottom of ditch. This condition could be easily
addressed by an additional plan note or special detail to govern construction.
- Hydrants shown on the water plans are indicated as two-way hydrants. These hydrants
are not sufficient for fire-protection purposes. Both City of Owasso criteria and ODEQ
Public Water Supply Construction Standards require three-way hydrants having a 4-1/2
inch pumper outlet and two 2-1/2 inch hose outlets for all systems providing fire
protection. ODEQ requires that hydrants be located and spaced in accordance with
American Insurance Association requirements. City of Owasso criteria require that
hydrant spacing and location be approved by the Fire Marshall. It is essential that all
features of the water supply system, including hydrants, hydrant location, line size and
Infrastructure Design And Construction Criteria
Comparison -Stone Canyon Development (Rogers
County) vs. City Of Owasso
Page 10 of 10
flow and demand capacity, meet or exceed the requirements of the International Fire
Code and the American Insurance Association.
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NOTES:
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3. ASPHALT SURFACES SHALL CONFORM TO STANDARD DETAILS
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CITY OF OWASSO, OKLAHOMA
4. IFACOMPACTEDAGGREGATESUBBASEISUSED, PUBLIC WORKS DEPARTMENT
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ASPHALTIC CONCRETE STREET SECTION
NOTES:
1. SECTIONS SHOWN ARE MINIMUM REQUIRED.
SUBGRADE MAY REQUIRE ADDITIONAL
THICKNESS OF MODIFICATION OR A SUBBASE
DRAINAGE SYSTEM WHERE SEVERE SOIL
CONDITIONS EXIST.
2. FOR EXISTING SUBBASE MATERIAL WITH PI <10
SUBGRADE SHALL BE CLASSIFIED SELECT, INERT
MATERIAL OR STABILIZED AND COMPACTED REVISION 9V OhTE RESIDENTIAL COLLECTOR STREET
TO 95 % STANDARD PROCTOR DENSITY.
3. ASPHALT SURFACES SHALL CONFORM TO STANDARD DETAILS
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STANDARD DETAIL STRT-OS FOR TEXTURE. CITY OF OWASSO, OKLAHOMA
4. IF A COMPACTED AGGREGATE SUBBASE IS USED
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ROGERS COUNTY ROADWAY SPEClF1CATlONS:
1. RIGHT OF WAY.• FIFTY (50) MINIMUM WIDTH, WITH ADDITIONAL 5' D/E & U/E EACH SIDE.
2. DRAINAGE PIPE.' MINIMUM LENGTH OF FORTY (40) FEET.
3. HEADWALLS: ALL DRAIN PIPE OR TILE WILL BE FURNISHED WITH A POURED IN PLACE
CONCRETE HEADWALL ON BOTH ENDS ACCORDING TO DATE SHEET SH 202 A.
4. COMPAC710N: UPPER TWELVE (12) INCHES OF DIRT BASE OF THE ROAD SURFACE MUST
MEET 959' STANDARD PROCTOR DENSITY TEST PERFORMED AND CERTIFIED.
5. ROAD SURFACE.• DRNING SURFACE WILL BE A MINIMUM OF TWENTY FOUR (24) FEET WIDE.
6. ROAD SURFACE MATERIAL: ROAD SURFACE SHALL BE CROWNED IN THE CENTER WITH
DRAINAGE TO 80TH SIDES AND BE A MINIMUM OF SIX INCHES (6")
OF 1-1/2" AGGREGAIE BASE OR APPROVED EQUAL AND COMPACTED
TO 959 STANDARD PROCTOR DENS111:
7. SHOULDERS: TWO (2) FEET ON E11NER SIDE OF ROAD SURFACE.
8. DRAINAGE AREA: ELEVEN (11) FEET ON EIIHER SIDE OF ROAD SURFACE OUTSIDE OF
SHOULDER REQUIREMENTS WITH MAXIMUM BACK SLOPE OF THREE (3)
TO ONE (1) BOTH SIDES.
9. CUL-DE-SAC: WHEREVER A TURN AROUND IS REQUIRED BY 1HE PLANNING COMMISSION
A CIRCULAR TURN AROUND HAVING A MAXIMUM INSIDE RADIUS OF
FORTY FlVE (45) FEET AND A MINIMUM OUTSIDE RADIUS OF SIXTY
(60) FEET SHALL BE PROVIDED.
f0. ALL CONSIRUCTION SHALL BE IN ACCORDANCE WITH THE ROADWAY, DRAINAGE, AND DETENTION
ADDEDUM TO SUBDIVISION REGULATIONS DATED SEPTEMBER 21, 2005.
ROADWAY & DRAINAGE DESIGN:
A. ROADWAYS SHALL BE DESIGNED TO PROVIDE A MINIMUM DITCH OF TWO FEEL' IN DEPTH AND
TO BE MEASURED FROM THE TOP OF SUB-GRADE NOT THE TOP OF PAVEMENT
B. BORROW DITCHES DESIGN AS FOLLOWS:
1. 4:1 MINIMUM FORE-SLOPE AND BACK-SLOPE.
2. BACKFILLED WITH 4° MIN. TOPSOIL AND SEEDED.
3. SHALL BE CONTAINED WITHIN A ADDIAONAL 5' D/E & U/E
C. ALL ROADWAY CULVERTS AND STORM DRAINS SHALL BE ONE OF THE FOLLOWING: SMOOTH STEEL
PIPE, RCP, RCB, CGMP, AND HOPE. HOPE CULVERTS MAY BE USED IF THERE IS AT LEAST
24-INCHES OF COVER. ALL CULVERTS SHALL HAVE ODOT STANDARD SLOPED CONCRETE END
SEC710NS OR ODOT STANDARD HEADWALLS. ALL ROADWAY CULVERTS SHALL BE A MINIMUM OF 15°
IN DIAMETER.
D. A STORM WATER POLLU110N PREVENTION PLAN (SWPPP) SHALL BE PROVIDED TO 1HE COUNTY
ALONG WITH CONSTRUC770N PLANS IN ACCORDANCE THE CURRENT ODEQ RULES AND REGULA710NS
REGARDING STORM WA1ER DISCHARGE.
E. HYDRAULIC GRADE LINES SHALL BE PROVIDED WITH ALL STORM DRAIN CONSTRUCTION PLANS.
F. ALL DETENTION FACILITIES SHAH BE DESIGNED WITH ONE FOOT (1) OF FREEBOARD DURING A
500-YEAR STORM EVENT.
G. DRIVEWAY CULVERTS SHALL CONSIST OF SMOOIN STEEL PIPES, REINFORCED CONCRETE PIPE
(RCP), OR CORRUGATED METAL PIPE (CGMP). DRIVEWAY CULVERTS' MAY BE HOPE ONLY IF THE
DRIVEWAY IS CONCRETE AND AT LEAST SIX INCHES (6°) THICK. ALL DRNEWAY CULVERTS SHALL
HAVE ODOT STANDARD SLOPED CONCRETE END SECTIONS ANY OTHER TYPE MUST BE APPROVED
BY THE COUNTY.
ALL CULVERT SPECIFICATIONS SHALL BE IN ACCORDANCE THE ROGERS COUNTY STANDARDS.
H. SUB-BASE SHALL BE A MINIMUM OF 6" COMPACTED 1-1/2" AGGREGATE BASE OR APPROVED EQUAL.
MEMORANDUM
TO: THE HONORABLE CHAIR AND TRUSTEES
OWASSO PUBLIC WORKS AUTHORITY
FROM: ROGER STEVENS
PUBLIC WORK DIRECTOR
SUBJECT: AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES
WASTEWATER TREATMENT PLANT, PUMP STATION AND
COLLECTION SYSTEM EXPANSION AND UPGRADE
DATE: August 7, 2008
BACKGROUND:
The City of Owasso provides wastewater collection, conveyance and treatment services for over
8,500 residential, business and industrial customers. The existing collection system consists of
over 100 miles of sanitary sewer line (ranging in size from 4 to 21 inches in diameter), 12 pump
stations and a 3.3 million gallon per day (MGD) treatment facility.
In response to rapid growth, in 2005 the City of Owasso commissioned the update of its 1997
Wastewater Master Plan. The update, now completed, provides a 20-year guide for the
prioritization and construction of upgrades to the City's conveyance and treatment infrastructure.
Among the immediate needs, the plan recommends the investment of approximately $7.9 million
for the upgrade of the Wastewater Treatment Plant and the 117`h Street Pump Station.
The recommended improvements will increase the average treatment plant capacity to 4.2 mgd -
which is anticipated to meet treatment demand for the next 10 years. Similarly, improvement to
the 117` Street Pump Station will upgrade existing facilities thereby increasing pumping
capacity to accommodate present and future needs.
In order to meet these needs, the City of Owasso invited Statements of Qualifications for
Professional Engineering Services from three consulting firms to provide design services for
these improvements. Following an evaluation and recommendation by both engineering and
operations staff, the Authority awarded a contract for engineering services to Greeley & Hansen
in the amount of $545,000 during it's regularly scheduled meeting of July 13, 2007. Design work
under this agreement is on-going and will be completed by mid-September.
ADDITIONAL PROTECT SCOPE:
Extensive current and proposed development in the southwestern corner of Rogers County, east
of Owasso, has created the opportunity for the extension of City of Owasso sanitary sewer to this
area. In September 2007, City of Owasso engineering and operations staff began discussions
with Greeley & Hansen concerning the development of a design for a sanitary sewer interceptor
along a 76`" Street North alignment to serve an area generally bounded by 76`h Street North to the
north, the Verdigris River to the east, 59`h Street to the south and 143rd East Avenue to the west.
Amendment to the Agreement for Engineering Services
Sanitary Sewer Treatment and Collection Improvements
Page 2 of 3
This area consists of all or portions of Sections 25, 26, 35 and 36 of Township 21 North, Range
14 East, Sections 1 and 2 of Township 20 North, Range 14 East and Section 31 of Township 21
North, Range 15 East. In all, some 4,708 Gross Acres are within the drainage basin, 3,136 Net
Acres are available for development and 707 Net Acres previously developed would have access
the proposed sanitary sewer interceptor. The estimated population of the service area is 8,727.
The proposed 76`h Street Interceptor would be a gravity sewer line and would extend east from a
connection to the Elm Creek Interceptor (west of the 76`h Street North/145d' East Avenue
intersection) a distance of 5.5 miles to approximately 193rd East Avenue. The western segment
20,410 lineal feet of the interceptor is proposed to be constructed of 27", 24", 21", 15"and 12"
PVC pipe; the eastern segment 8,890 lineal feet of the interceptor (76`'' Street North Interceptor -
East Extension) is proposed to be constructed of 10" PVC pipe. The construction cost for these
two components is estimated to be $4,800,000.
AMENDMENT TO THE ENGINEERING SERVICES AGREEMENT:
Based on the scope for the 76` Street Sanitary Sewer Interceptor project, City staff requested
from Greeley & Hansen an amendment to the previously approved Engineering Services
Agreement. Engineering Services to be performed by the engineer under this amendment
include:
- Preparation of a preliminary engineering report (PER) to qualify the proposed project for
ODEQ State Revolving Fund financing.
- Preparation of preliminary and final design for approximately 29,300 lineal feet of
gravity sewer (including design survey, mapping and geotechnical investigation).
- Preparation of contract documents including drawings, specifications and permit
applications for the project.
- Bid related assistance.
Greeley and Hansen has developed staff-hour projections for the additional scope and submitted
a fixed rate fee proposal in the amount of $358,000 or 7.5°Io of the estimated construction cost
(Attachment C).
PROTECT SCHEDULE:
The design of the 76` Street Interceptor project will require approximately eight months to
complete. The schedule below illustrates a start date of August 2008 and an approximate
completion date of April 2009 (for engineering services).
- Notice to Proceed to Greeley & Hansen from the City of Owasso -August 2008.
- Project Start Date -August 2008.
- Complete Design Survey and Geotechnical Investigation -October 2008.
- Complete Preliminary Design/LTtility Coordination -December 2008
- Complete Final Design -February 2009
Amendment to the Agreement for Engineering Services
Sanitary Sewer Treatment and Collection Improvements
Page 3 of 3
- Complete DPW/ODEQ Review -February 2009
- Advertise for Bids -March 2009
- Receive Bids -April 2009
- Council Approval/Notice to Proceed -May 2009
- Construction Complete -Western Segment (Elm Creek Interceptor to School) -
October 2009
- Construction Complete - Eastern Segment (School to East 193rd Street and
Collectors) -February 2010
FUNDING:
Funding for this project will be obtained from the Oklahoma Water Resources Board (OWRB)
via a loan from the Drinking Water State Revolving Fund. Resolution No. 2007-06, passed by
the Authority during its meeting of July 13 2007, declares the Authority's intent to be reimbursed
from proceeds of the OWRB loan for project expenses incurred by the OPWA prior to loan
closing. FY 2008-2009 allocation for Wastewater Improvements provides sufficient temporary
funding pending reimbursement from OWRB.
RECOMMENDATION:
Staff intends to recommend OPWA Trustee approval of an amendment to the Agreement for
Engineering Services for the Wastewater Treatment Plant Expansion and 117th Street Pump
Station Upgrade with Greeley and Hansen, LLC (Chicago, Illinois) for the purpose of expanding
the scope of services to include the design of the 76t" Street Sanitary Sewer Interceptor project in
the amount of $358,000 and authorization of the Chair to execute the agreement.
ATTACHMENTS:
A. Engineering Services Agreement with Greeley and Hansen w/Attachments
B. Service Area Map
Agreement for Engineering Services
EAST 76 STREET NORTH SANITARY SEWER INTERCEPTOR
and
Owasso Public Works Authority
Owasso, Oklahoma
THIS AGREEMENT, made and entered into this August 19, 2008 between the Owasso Public
Works Authority, Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter
referred to as AUTHORITY, Greeley and Hansen LLC, hereinafter referred to as ENGINEER;
WITNESSETH:
WHEREAS, AUTHORITY intends to design the East 76 Street North Sanitary Sewer
Interceptor, hereinafter referred to as the PROJECT; and,
WHEREAS, AUTHORITY requires certain professional services in connection with the
PROJECT, hereinafter referred to as the SERVICES; and,
WHEREAS, ENGINEER, is prepared to provide such SERVICES;
NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree
as follows:
1. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the
SERVICES described in Attachment A, SCOPE OF SERVICES, which is attached hereto
and incorporated by reference as part of this AGREEMENT.
2. AUTHORITY'S RESPONSIBILITIES. AUTHORITY shall be responsible for all matters
described in Attachment B, RESPONSIBILITIES OF THE, which is attached hereto and
incorporated by reference as part of this AGREEMENT.
3. COMPENSATION. AUTHORITY shall pay ENGINEER in accordance with Attachment
C, COMPENSATION, and further described in Attachment D, MAN-HOUR
BREAKDOWN, which are attached hereto and incorporated by reference as part of this
AGREEMENT.
4. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment E,
SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment A,
SCHEDULE, attached hereto and incorporated by reference as part of this
AGREEMENT.
5. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES
undertaken in a manner consistent with the prevailing accepted standard for similar
services with respect to projects of comparable function and complexity and with the
applicable laws and regulations published and in effect at the time of performance of
the SERVICES. The PROJECT shall be designed and engineered in a good and
workmanlike manner and in strict accordance with this AGREEMENT. All engineering
work shall be performed by or under the supervision of Professional Engineers licensed
in the State of Oklahoma, and properly qualified to perform such engineering services,
which qualification shall be subject to review by. Other than the obligation of the
ENGINEER to perform in accordance with the foregoing standards, no warranty, either
express or implied, shall apply to the SERVICES to be performed by the ENGINEER
pursuant to this AGREEMENT or the suitability of ENGINEER'S deliverables.
6. LIMITATION OF RESPONSIBILITY.
6.1. ENGINEER shall not be responsible for construction means, methods,
techniques, sequences, procedures, or safety precautions and programs in
connection with the PROJECT.
6.2. The presence of ENGINEER'S personnel at a construction site is for the purpose
of providing to the AUTHORITY a greater degree of confidence that the
completed construction work will conform generally to the construction
documents and that the integrity of the design concept as reflected in the
construction documents has been implemented and preserved by the
construction contractor(s).
6.3. In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observations, exploration,
and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect total PROJECT cost and/or execution. These conditions
and cost/execution effects are not the responsibility of ENGINEER.
6.4. Record drawings will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type
of various components, or exact manner in which the PROJECT was finally
constructed. ENGINEER is not responsible for any errors or omissions in the
information from others that is incorporated into the record drawings.
6.5. ENGINEER'S deliverables, hard copies of record drawings are to be provided
upon the completion of the project. Computer-generated drawing files furnished
by ENGINEER are for AUTHORITY or others' convenience. Any conclusions or
information derived or obtained from these files will be at user's sole risk.
7. OPINIONS OF COST AND SCHEDULE.
7.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or
services furnished by others, or over contractors', subcontractors', or vendors'
methods of determining prices, or over competitive bidding or market
conditions, ENGINEER'S cost estimates shall be made on the basis of
qualifications and experience as a Professional Engineer.
7.2e Since ENGINEER has no control over the resources provided by others to meet
construction contract schedules, ENGINEER'S forecast schedules shall be made
on the basis of qualifications and experience as a Professional Engineer.
8. LIABILITY AND INDEMNIFICATION.
8.1. ENGINEER shall defend and indemnify AUTHORITY from and against legal
liability for damages arising out of the performance of the SERVICES for,
including but not limited to any claims, costs, attorney fees, or other expenses of
whatever nature where such liability is caused by the negligent act, error, or
omission of ENGINEER, or any person or organization for whom ENGINEER is
legally liable. Nothing in this paragraph shall make the ENGINEER liable for
any damages caused by the AUTHORITY or any other contractor or consultant
of the AUTHORITY.
8.2. ENGINEER shall not be liable to AUTHORITY for any special, indirect or
consequential damages, such as, but not limited to, loss of revenue, or loss of
anticipated profits.
9. CONTRACTOR INDEMNIFICATION AND CLAIMS.
9.1. AUTHORITY agrees to include in all construction contracts the provisions of
Articles 7.1, and 7.2, and provisions providing contractor indemnification of
AUTHORITY and ENGINEER for contractor's negligence.
9.2. AUTHORITY shall require construction contractor(s) to name AUTHORITY and
ENGINEER as additional insured's on the contractor's general liability insurance
policy.
10. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall
comply with applicable regulatory requirements including federal, state, and local laws,
rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the
permits, certificates, and licenses necessary to allow ENGINEER to perform the
SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and
licenses required for any construction unless such responsibilities are specifically
assigned to ENGINEER in Attachment B, SCOPE OF SERVICES.
11. INSURANCE
11.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER
shall maintain the following insurance:
11.1.1. General Liability Insurance with bodily injury limits of not less than
$1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and
with property damage limits of not less than $100,000 for each occurrence and
not less than $100,000 in the aggregate.
11.1.2. Automobile Liability Insurance with bodily injury limits of not less than
$1,000,000 for each person and not less than $1,000,000 for each accident and
with property damage limits of not less than $100,000 for each accident.
11.1.3. Worker's Compensation Insurance in accordance with statutory
requirements and Employers' Liability Insurance with limits of not less than
$100,000 for each occurrence.
11.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT
and the term of any legal liability. Errors and Omissions coverage to be for a
minimum of $1,000,000, deductibles subject to approval.
11.2. ENGINEER shall furnish AUTHORITY certificates of insurance which shall
include a provision that such insurance shall not be canceled without at least 30
days written notice to the AUTHORITY.
12. OWNERSHIP AND REUSE OF DOCUMENTS.
12.1. All documents, including original drawings, estimates, specifications, field notes
and data shall become and remain the property of the AUTHORITY.
12.2. AUTHORITY'S reuse of such documents without written verification or
adaptation by ENGINEER for the specific purpose intended shall be at
AUTHORITY'S risk.
13. TERMINATION OF AGREEMENT.
13.1. The obligation to continue SERVICES under this AGREEMENT may be
terminated by either party upon fifteen days written notice in the event of
substantial failure by the other party to perform in accordance with the terms
hereof through no fault of the terminating party.
13.2. AUTHORITY shall have the right to terminate this AGREEMENT, or suspend
performance thereof, for AUTHORITY'S convenience upon written notice to
ENGINEER; and ENGINEER shall terminate or suspend performance of
SERVICES on a schedule acceptable to AUTHORITY. In the event of termination
or suspension for AUTHORITY'S convenience, AUTHORITY shall pay
ENGINEER for all SERVICES performed to the date of termination in accordance
with provisions of Attachment D, COMPENSATION. Upon restart of a
suspended project, ENGINEER's contract price and schedule shall be equitably
adjusted.
14. NOTICE.
Any notice, demand, or request required by or made pursuant to this AGREEMENT
shall be deemed properly made if personally delivered in writing or deposited in the
United States mail, postage prepaid, to the address specified below.
To ENGINEER: Paul Vogel and Ken Johnson
Greeley and Hansen LLC
100 S. Wacker Drive, Suite 1400
Chicago, Illinois 60606
To AUTHORITY: Owasso Public Works Authority
P.O. Box 180
Owasso, Oklahoma 74055
Attention: Roger Stevens
14.1. Nothing contained in this Article shall be construed to restrict the transmission
of routine communications between representatives of ENGINEER and
AUTHORITY.
15. UNCONTROLLABLE FORCES. Neither AUTHORITY nor ENGINEER shall be
considered to be in default of this AGREEMENT if delays in or failure of performance
shall be due to forces which are beyond the control of the parties; including, but not
limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil
disturbance, sabotage; inability to procure permits, licenses, or authorizations from any
state, local, or federal agency or person for any of the supplies, materials, accesses, or
services required to be provided by either AUTHORITY or ENGINEER under this
AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial
restraint.
16. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of
competent jurisdiction as unenforceable, such portion shall be severed here from, and
the balance of this AGREEMENT shall remain in full force and effect.
17. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments A,
B, C, D, E and represents the entire and integrated AGREEMENT between the parties;
and supersedes all prior negotiations, representations, or agreements pertaining to the
SCOPE OF SERVICES herein, either written or oral. AUTHORITY may make or approve
changes within the general Scope of Services in this AGREEMENT. If such changes
affect ENGINEER'S cost of or time required for performance of the services, an
equitable adjustment will be made through an amendment to this AGREEMENT. This
AGREEMENT may be amended only by written instrument signed by each of the
Parties.
18. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the
ENGINEER and the AUTHORITY over the interpretation or application of the terms of
this AGREEMENT, the matter shall be referred to the AUTHORITY'S Director of Public
Works for resolution. If the Director of Public Works is unable to resolve the dispute, the
matter may, in the Director's discretion, be referred to the AUTHORITY Manager for
resolution. Regardless of these procedures, neither party shall be precluded from
exercising any rights, privileges or opportunities permitted by law to resolve any
dispute.
19. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this
AGREEMENT, provided that nothing contained in this paragraph shall prevent
ENGINEER from employing such independent consultants, associates, and
subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the
performance of the SERVICES hereunder.
20. APPROVAL. It is understood and agreed that all work performed under this
AGREEMENT shall be subject to inspection and approval by the Public Works
Department of the of Owasso, and any plans or specifications not meeting the terms set
forth in this AGREEMENT will be replaced or corrected at the sole expense of the
ENGINEER. The ENGINEER will meet with the AUTHORITY staff initially and
periodically thereafter and will be available for public meetings and/or AUTHORITY.
21. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has
designated Joseph Teusch as Project Manager for the PROJECT. ENGINEER agrees
that no change will be made in the assignment of this position without prior approval of
AUTHORITY.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on
the respective dates herein below reflected to be effective on the date executed by the Chair of
the AUTHORITY.
Greeley and Hansen LLC
Paul Vogel and Kenneth V. Johnson
Principal
Date
APPROVED:
Joseph Teusch
Associate
OWASSO PUBLIC WORKS AUTHORITY
Authority Clerk Chair
Date
APPROVED AS TO FORM:
Authority Attorney
ATTACHMENT A
AGREEMENT FOR PROFESSIONAL SERVICES
between
CITY OF OWASSO, OKLAHOMA
and
GREELEY AND HANSEN LLC
EAST 76T" STREET NORTH SANITARY SEWER INTERCEPTOR
SCOPE OF SERVICES
The scope of engineering services includes planning, design and bid assistance in
connection with the East 76th Street North Sanitary Sewer Interceptor. The proposed
interceptor is needed to extend sewer service in the southeast region of the service area.
The proposed project will serve the area generally bordered by E. 76th Street N. to the
north, the Verdigris River to the east, E. 59th Street N. to the south and N. 143rd E.
Avenue to the west. It is anticipated that sewer flows from the project area, which will
include the Stone Canyon development will be conveyed to the existing Elm Creek
Interceptor located one-half mile southwest of the E. 76th Street N. and N. 143rd E.
Avenue intersection.
The scope of work includes the following major elements:
a. Prepare a preliminary engineering report (PER) to qualify the proposed
project for ODEQ State Revolving Fund financing.
b. Prepare Contract Documents and provide bid related assistance for the
design of approximately 29,300 feet of gravity sewer.
TASK 1.0 -PRELIMINARY ENGINEERING REPORT
1.1 Progress Meetings. Meet monthly with Owasso utility staff to review
technical aspects of the project. Prepare meeting notes and distribute.
1.2 Gather Basic Data. Collect relevant information on the planning area,
including land uses, zoning and any available reports and drawings on the
existing sewer system.
1.3 Summarize Basic Data for Service Area. Prepare spreadsheets showing
projected wastewater flow rates from the service area based upon anticipated
land use and development rate. Prepare an electronic base map (USGS
topographic map or equivalent) to show the proposed sewer facilities.
1.4 Alternatives Evaluation. Develop and screen two alternative alignments
for the interceptor sewer. Compare alternatives based upon cost and other non-
monetary factors. Analyze the capacity of the Elm Creek Interceptor to receive
flow from the service area.
1.5 Environmental Information Document. Discuss and show project impacts
to: soils and geology; wetlands; floodplain; groundwater; air quality; biota;
historic, architectural, archeological sites; national landmarks; open space and
indirect impacts. It is understood that the cost for an Archeological Survey, if
needed, is not included as part of this scope.
1.6 Project Implementation. Coordinate with the City of Owasso's financial
and rate consultant regarding SRF financing for the selected plan. Develop a
schedule for design and construction of the selected plan. Arrange for necessary
resolutions to be issued, including resolutions identifying the designated
wastewater management agency (City of Owasso Public Works Department),
designating the authorized loan signatory and indicating the City of Owasso's
acceptance of the preliminary engineering report.
1.7 Pubic Participation. Participate in the public hearing, to be attended by
members of the City of Owasso Department of Public Works, and interested
citizens. Prepare handouts and graphics for the meeting. The public hearing
will present and receive public comments on the selected plan.
1.8 Preliminary En ineering Report. Prepare a draft report for review by City
of Owasso Public Works Department. Incorporate City of Owasso comments in
draft report. After public hearing, incorporate into the final report the hearing
transcript, written comments and response and any resulting modifications to
the selected project. Submit 6 copies of the final report to the City of Owasso.
Respond to ODEQ comments on the preliminary engineering report and revise
the plan as necessary in response to ODEQ comments.
TASK 2.0 -PRELIMINARY DESIGN
2.1 Aerial Mapping. Arrange for and provide, through a subcontract, aerial
survey and topographic mapping for an area approximately 5.5 miles in length
and 400 feet in width. The topographic survey will provide 1-foot contour
intervals at a scale of 1" = 40'.
2.2 Utilities and ROW Survey. Arrange for and provide, through a
subcontract, a ground survey to map buried utilities, to obtain elevations of
special pipeline crossings such as ditches or creeks, and to determine existing
property owner/easement information along the proposed sewer alignment.
2.3 Geotechnical Report. Arrange for and provide, through a subcontract, soil
borings and a geotechnical report for the project. It is anticipated that soil
borings will be taken at 500-foot intervals along the proposed sewer alignment.
2.4 Easement Requirements. Determine the number, size and type of
easements that will be required for the construction of the project.
2.5 Preliminary Construction Cost Opinion. Prepare a preliminary
construction cost opinion consisting of quantity takeoffs and unit costs for the
Project.
TASK 3.0 -FINAL DESIGN
3.1 Drawings. Prepare Construction Drawings for use, together with the
Construction Specifications, in taking competitive bids and entering into a
construction contract with an experienced and competent contractor.
3.2 Specifications. Prepare Construction Specifications for use, together with
the Construction Drawings, in taking competitive bids and entering into a
construction contract with an experienced and competent contractor.
3.3 Final Construction Cost Opinion. Upon completion of the Drawings and
Specifications, prepare final construction cost opinion.
3.4 Legal Descriptions. Arrange for and provide, through a subcontract, legal
descriptions and exhibits for the project. This task provides for the preparation
of legal descriptions and exhibits for permanent/ temporary easements for up to
20 parcels.
3.5 Permit Applications. Prepare project information submissions, including
permit applications and review comments, to the ODEQ for Construction Permit
and to the U.S. Department of Army for Section 404 Water Quality Permit.
Provide in the specifications a list of permits which must be obtained by the
construction contractor. It is understood that the construction contractor must
obtain the ODEQ Stormwater and Erosion Control Permit.
TASK 4.0 -BID ASSISTANCE
4.1 Bidder Inquiries. Respond to bidder inquiries during the bidding period.
4.2 Addenda. Prepare addenda as needed to clarify the Contract Documents.
4.3 Pre-Bid Meeting. Attend pre-bid meeting and prepare meeting notes.
4.4 Bid Report. Tabulate bids and prepare bid report including
recommendation on award of contract.
Agreement
for
Engineering Services
Owasso Public Works Authority
City of Owasso, Oklahoma
EAST 76 STREET NORTH SANITARY SEWER INTERCEPTOR
Responsibilities of the Authority
Attachment B
RESPONSIBILITIES OF THE AUTHORITY. The AUTHORITY agrees:
A. Scheduling. Provide notice to proceed at least 14 days prior to actual project start
date.
B. Reports, Records, etc. To furnish, as required by the work, and not at expense to the
ENGINEER:
B.1. Records, reports, studies, plans, drawings, and other data available in the
files of the AUTHORITY that may be useful in the work involved under this
AGREEMENT.
B.2. ENGINEER will reasonably rely upon the accuracy, timeliness, and
completeness of the information provided by AUTHORITY.
C. Access. To provide access to public and private property when required in
performance of ENGINEER's services.
D. Staff Assistance. Designate in writing a person to act as its representative in respect
to the work to be performed under this AGREEMENT, and such person shall have
complete authority to transmit instructions, receive information, interpret and
define CITY'S policies and decisions with respect to materials, equipment, elements
and systems pertinent to the services covered by this AGREEMENT.
E. Review. Examine all studies, reports, sketches, estimates, specifications, drawings,
proposals and other documents presented by ENGINEER and render in writing
decisions pertaining thereto within a reasonable time so as not to delay the services
of ENGINEER.
ATTACHMENT C
AGREEMENT FOR PROFESSIONAL SERVICES
between
CITY OF OWASSO, OKLAHOMA
and
GREELEY AND HANSEN LLC
East 76th Street North Sanitary Sewer Interceptor
Estimated Compensation
Task 1.0 -Preliminary Engineering Report
Direct Labor:
a. Principal
b. Project Manager
c. Senior Engineer
d. Project Engineers
e. Designers/CAD Operators
f. Word Processors
Subtotal
2. Greeley and Hansen Labor Costs with 2.99 Multiplier
3. Other Direct Costs
a. Reproduction/Printing
Estimated
Days Hours/Day Rates Cost
0.5 8 $75 $300
10.0 8 $45 $3,600
1.0 8 $50 $400
28.5 8 $35 $7,980
11.0 8 $30 $2,640
2.0 8 $15 $240
53.0 $15,160
$45,328
$200
4. Subtotal -Preliminary Engineering Report
Task 2.0 -Preliminary Design
Direct Labor:
a. Principal
b. Project Manager
c. Senior Engineer
d. Project Engineers
e. Designers/CAD Operators
f. Word Processors
Subtotal
Estimated
Days Hours/Day Rates Cost
0.0 8 $75 $0
4.5 8 $45 $1,620
0.0 8 $50 $0
10.0 8 $35 $2,800
4.0 8 $30 $960
0.0 8 $15 $0
18.5 $5,380
2. Greeley and Hansen Labor Costs with 2.99 Multiplier
3. Subconsultant Costs
a. Aerial Mapping -ADS, Inc.
b. Utilities & ROW Survey -Harden & Associates
c. Geotechnical - Terracon
Total
4. Subconsultant Costs with 1.05 Multiplier
$16, 086
$50,000
$25,000
$35, 000
$110,000
$115,500
$45,528
5. Subtotal -Preliminary Design $131,586
Page 1 of 2
ATTACHMENT C
AGREEMENT FOR PROFESSIONAL SERVICES
between
CITY OF OWASSO, OKLAHOMA
and
GREELEY AND HANSEN LLC
East 76th Street North Sanitary Sewer Interceptor
Estimated Compensation
Task 3.0 -Final Design
1. Direct Labor:
a. Principal
b. Project Manager
c. Senior Engineer
d. Project Engineers
e. Designers/CAD Operators
f. Word Processors
Subtotal
2. Greeley and Hansen Labor Costs with 2.99 Multiplier
3. Subconsultant Costs
a. Legal Descriptions -Harden & Associates
Total
4. Subconsultant Costs with 1.05 Multiplier
5. Other Direct Costs
a. Airfare/ Travel
b. Reproduction/Printing
Subtotal
Estimated
Days Hours/Day Rates Cost
2.0 8 $75 $1,200
18.5 8 $45 $6,660
10.0 8 $50 $4,000
84.0 8 $35 $23,520
85.0 8 $30 $20,400
0.0 8 $15 $0
199.5 $55,780
$2,500
$2,500
$166,782
$2,625
3 Trips @ $750 /Trip $2,250
$1,000
$3,250
6. Subtotal -Final Design
Task 4.0 -Bid Assistance
1. Direct Labor:
a. Principal
b. Project Manager
c. Senior Engineer
d. Project Engineers
e. Designers/CAD Operators
f. Word Processors
Subtotal
2. Greeley and Hansen Labor Costs with 2.99 Multiplier
Estimated
Days Hours/Day Rates Cost
0.0 8 $75 $0
3.0 8 $45 $1,080
0.0 8 $50 $0
4.0 8 $35 $1,120
1.0 8 $30 $240
1.5 8 $15 $180
9.5 $2,620
3. Other Direct Costs
a. Airfare/ Travel
4. Subtotal -Bid Assistance
$7,834
1 Trip @ $750 /Trip $750
Total Compensation (Rounded)
$172,657
$8,584
$358,000
Page 2 of 2
ATTACHMENT D
AGREEMENT FOR PROFESSIONAL SERVICES
between
CITY OF OWASSO, OKLAHOMA
and
GREELEY AND HANSEN LLC
East 76th Street North Sanitary Sewer Interceptor
MAN-HOUR BREAKDOWN
Estimated Workdays
Project Senior Project Designer Word
Task Description Principal Manager Engineer Engineer /CAD Oper Processor Totals
1.0 PRELIMINARY ENGINEERING REPORT
1.1 Progress Meetings
1.2 Gather Basic Data
1.3 Summarize Basic Data for Service Area
1.4 Alternatives Evaluation
1.5 Environmental Information Document
1.6 Project Implementation
1.7 Public Participation
1.8 Preliminary Engineering Report
Subtotal -PER
2.0 PRELIMINARY DESIGN
2.1 Aerial Survey & Mapping
2.2 Utilities & ROW Survey
2.3 Geotechnical Report
2.4 Easement Requirements
2.5 Preliminary Cost Opinion
Subtotal -Preliminary Design
3.0 FINAL DESIGN
3.1 Drawings (35 total drawings)
3.2 Specifications
3.3 Final Cost Opinion
3.4 Legal Descriptions
3.5 Permit Applications
Subtotal -Final Design
4.0 BID ASSISTANCE
4.1 Bidder Inquiries
4.2 Addenda
4.3 Pre-Bid Meeting
4.4 Bid Report
Subtotal -Bid Assistance
Totals
0.0 2.0 0.0 2.5 0.0 0.0 4.5
0.0 0.5 0.0 2.0 0.0 0.0 2.5
0.0 1.0 0.0 2.0 0.0 0.0 3.0
0.0 1.0 0.0 4.0 2.0 0.0 7.0
0.0 2.0 1.0 10.0 5.0 0.0 18.0
0.0 0.5 0.0 1.0 0.0 0.0 1.5
0.0 1.0 0.0 2.0 0.0 0.0 3.0
0.5 2.0 0.0 5.0 4.0 2.0 13.5
0.5 10.0 1.0 28.5 11.0 2.0 53.0
0.0 1.0 0.0 2.0 2.0 0.0 5.0
0.0 1.0 0.0 2.0 2.0 0.0 5.0
0.0 1.0 0.0 2.0 0.0 0.0 3.0
0.0 1.0 0.0 2.0 0.0 0.0 3.0
0.0 0.5 0.0 2.0 0.0 0.0 2.5
0.0 4.5 0.0 10.0 4.0 0.0 18.5
1.0 10.0 10.0 60.0 85.0 0.0 166.0
1.0 5.0 0.0 15.0 0.0 0.0 21.0
0.0 1.0 0.0 2.0 0.0 0.0 3.0
0.0 0.5 0.0 2.0 0.0 0.0 2.5
0.0 2.0 0.0 5.0 0.0 0.0 7.0
2.0 18.5 10.0 84.0 85.0 0.0 199.5
0.0 1.0 0.0 2.0 0.0 0.0 3.0
0.0 0.5 0.0 1.0 1.0 0.5 3.0
0.0 1.0 0.0 0.0 0.0 0.5 1.5
0.0 0.5 0.0 1.0 0.0 0.5 2.0
0.0 3.0 0.0 4.0 1.0 1.5 9.5
2.5 36.0 11.0 126.5 101.0 3.5 280.5
Page 1 of 1
Agreement
for
Engineering Services
Owasso Public Works Authority
City of Owasso, Oklahoma
EAST 76 STREET NORTH SANITARY SEWER INTERCEPTOR
Schedule
Attachment E
SCHEDULE: The design of the Wastewater Treatment Plant and the 117th Pump Station
Expansion will be conducted in a single phase. It is anticipated that the project will require
approximately thirteen months to complete. The schedule below illustrates a start date of
August 2008 and an approximate completion date of Apri12008. Actual start date will be 14
days from Notice to Proceed by the AUTHORITY. The schedule is as follows:
• Notice to Proceed is provided to Greeley and Hansen from the City of Owasso -
August 2008.
• Project Start Date -August 2008.
• Complete Design Process -February 2008.
• DPW Review -February 2008.
• Advertisement for Bids Date -March 2008.
• Receive Bids -April, 2008.
ATTACHMENT E (SCHEDULE).DOC
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MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: PELIVAN LETTER OF AGREEMENT FOR FY ' 09
DATE: August 6, 2008
BACKGROUND
Pelivan Transit began its Owasso operations on December 28, 2007. Since that time, the
service seems to have built a growing customer base reflected in the two charts below in terms
of the number of passenger trips and fare box revenues.
Increase in Fares Revenue
$1,600.00 _ __
$1,400.00 - - - :_+----+--~---+
$1,200.00 - _ --
~ $1,000.00 - -- - - - -
$800.00 - - - -
~ $600.00 - - -- -- - - - -
$400.00 - - - - -- --- _ _
$200.00 - - - - - -
Months
Pelivan has requested that the City of Owasso execute a letter of agreement for services to be
provided by Pelivan from October 1, 2008 through September 30, 2009 in the amount of
$49,393. This amount is included in the FY '09 budget. The amount of Owasso's
contribution to Pelivan in FY '08~ was $41,975. Pelivan reports that the request for an increase
in the municipal contribution is due in part to rising fuel costs.
So far, the program has been in operation for just over seven months. During that time, the
numbers indicating ridership and revenue have risen significantly. However, these growth
trends have leveled off, making projections about total ridership and revenue likely to be more
accurate. If the numbers that Pelivan has reported for April, May, and June 2008 prove to be
average monthly statistics, then one can project that the average annual ridership will total
around 7,500, and that average annual fare box revenue will total around $15,500.
It is encouraging to note that in June, 418 of the 600 passenger trips were taken by elderly
and/or disabled customers, indicating that these users comprise 69 % of the total customer base
utilizing Pelivan.
RECOMMENDATION:
The staff intends to recommend that the City Council authorize the City Manager to execute the
Purchase of Service Agreement between the City of Owasso and Pelivan Transit for FY '09.
ATTACHMENT:
Proposed Purchase of Service Agreement
(918) 783-5793
Gateway Fax: (918) 783-5786
Economic
Developmen t
Association
Purchase of Service Agreement
This letter establishes an Agreement made and entered into on
the day of 2008, between The City of Owasso
and Grand Gateway Economic Development Association/PELIVAN TRANSIT
regarding financial assistance to the Association for the operation
of a demand-response Public Transportation System operated by Pelivan
Transit for FY-2009.
Whereas, the City of Owasso and area business leaders have
identified certain community needs and set certain goals for the
economic development of the community.
Whereas, there is a need to implement programs for the City of
Owasso to meet a need to provide services to attract and serve the
elderly and retirees in order to become a more desirable retirement
community, as well as providing a much needed service to all citizens
of the community.
Whereas, the Grand Gateway Economic Development Association is
starting a Transportation Program established under the Oklahoma
Department of Transportation Section 5311 Transportation Program
which will provide public transportation for the citizens of Owasso
and has requested the City to assist in financing this program.
Whereas, the City of Owasso will provide $49,393 to the
Association for Grand Gateway's service in providing public
transportation to the citizens of Owasso, Oklahoma. Payments may be
rendered in ten (10) monthly payments of $4,939.30 or a lump sum
payment payable to Grand Gateway E.D.A./Pelivan Transit, P. O. Drawer
B, Big Cabin, OK 74332. Grand Gateway/Pelivan Transit will provide
ridership totals for the previous month based on actual ridership
with each monthly billing.
Whereas, Grand Gateway's Pelivan Transit will assign two (2)
vehicles with drivers, and one (1) dispatcher for the City of Owasso
commencing October 1, 2008 through September 30, 2009 (FY-2009) or as
soon as practicable for start-up operations to operate the demand-
response route within the city limits from 7:30 a.m. to 5:30 p.m.
Monday through Friday with the exception of Holiday's as listed
listed below:
New Year's Day
Martin Luther King, Jr. Day
Washington's Birthday
Good Friday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day (Two days)
Christmas Day (Two days)
Columbus Day
FEDERAL/STATE ASSISTANCE: The Pelivan Transit, CONTRACTOR
and the City of Owasso are particularly advised that the execution
and continuance of the AGREEMENT is contingent upon receipt of
financial assistance from the Federal and State levels. This
AGREEMENT will terminate if the Federal funding is discontinued.
The State assumes no responsibility to fund this program if there
is a failure of Federal Funding.
CONTINUING LOCAL ASSISTANCE: This AGREEMENT is for the
period indicated above and is subject to early renewal by the
governing body of the City of Owasso.
INSURANCE: Grand Gateway Economic Development Association,
d/b/a Pelivan Transit, shall maintain liability insurance on all
vehicles covered by this AGREEMENT with limits of liability in the
amount of One Million and no/100 dollars ($1,000,000.) for any
number of claims arising out of a single occurrence or accident,
and shall provide proof of coverage to the City of Owasso when
requested.
Whereas, the terms of this Letter of Agreement may be changed
only through mutual agreement by both parties.
Edward J. Crone, Exec.Director
Grand Gateway E.D.A.
P.O.Drawer B
Big Cabin, OK. 74332
Notary:
Signed before me this
day of 2008
Rodney Ray, City Manager
City of Owasso
P. O. Box 180
Owasso, OK 74055
Notary:
Signed before me this
day of , 2008
rand Gateway
July 24,
City Manager Rodney Ray
City of Owasso
P. O. Box 180
Eric Wiles
Owasso, OK 74055
Dear Rodney:
Economic
Development
Association
(918) 783-5793
Fax: (918) 783-5786
Pelivan Transit owned and operated by Grand Gateway EDA will be enacting a fuel
surcharge to the fares and delaying the increase in hours of service for FY-2009 effective
October 1, 2008 due to the costs associated with the rising fuel prices.
The proposed fares increases are as follows:
City Fares
Rural Route Fares
(2 miles beyond City Limits)
Variable Distance/Airport Fares
Employment Fares (Any age)
Trolley Fares
*Children under age 5 with payi
60 yrs & Older/Students (K-6th Grade) *Under 60 yrs
$2.00 $2.50
$2.75 $3.50
$1.50/mile
$2.00 One Way
$1.00
ng Adult can ride free
The demand response transportation hours of service are to remain from 8:00 a.m. to
4:00 p.m. from Monday through Friday for the cities of Grove, Miami, Owasso, Pryor,
and Vinita; and from 8:00 a.m. to 4:30 p.m. from Monday through Saturday in
Claremore. These hours of service will remain in effect until further notice.
Please contact the Pelivan Transit Director by Friday, August 15, 2008 for discussion, if
needed. We will issue Amendments to the Service Agreements for FY-2009 on August
16, 2008 for execution of the proposed changes. A press release and public notice will be
posted in the respective newspapers announcing the fares increases to the public and the
scheduled hours of service from August 16, 2008 through September 16, 2008 informing
the general public of the changes.
333 S. Oak Street • P.O. Drawer B • Big Cabin, OK 74332
Pelivan Transit
Page 2
This difficult decision will provide additional funding to meet the rising fuel bills over
the next year. Last month's fuel bill was over $30,000. The delay in increasing our
hours of service will defray more service costs and manpower hours needed for this
addition.
Our pursuit to provide dependable public transportation to your communities continues
and we hope that future funding opportunities and transportation projects will help to
enable us in continuing this great service to you.
End J. Cron
Executive Dir for
Grand Gatew y A
/DM
xc: Eric Wiles
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
THE HONORABLE CHAIR AND TRUSTEES
OWASSO PUBLIC WORKS AUTHORITY
FROM: JULIE TROUT LOMBARDI
GENERAL COUNSEL
SUBJECT: PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE OPWA,
MORROW INVESTMENT CAPITAL, L.L.C. AND MORROW PLACE
INVESTMENT GROUP, L.L.C.
DATE: August 12, 2008
BACKGROUND
Morrow Investment Capital, L.L.C. and Morrow Place Investment Group, L.L.C. (collectively
"Morrow") acquired an ownership interest several years ago in an 80 acre tract located west of
the intersection of U.S. Highway 169 and 116th St. North in Owasso. Morrow and its affiliates
intend to develop the tract as a commercial retail center (the "Project"). The Project will require
construction of street, utility, service road and storm sewer improvements as a part of its
development. Plans for the service road and storm sewer improvements (including detention to
the extent that such improvements relate to the proposed service road) have been reviewed and
approved by the City and the OPWA. Recognizing that neither the City nor the OPWA currently
has funds sufficient to pay the entirety of costs needed to construct both the storm sewer and
service road improvements, and further recognizing that the Project is expected to generate
substantial new sales tax revenues for the City, the City, the OPWA and Morrow propose to
mutually execute a Development Agreement whereby Morrow agrees to pay for the construction
of the storm sewer and service road improvements and the OPWA subsequently reimburses
Morrow for those costs.
Reimbursement to Morrow under the proposed Agreement would be made in monthly
installments in an amount equal to one-half cent of the City sales tax generated by businesses
located within the Development Area and the Morrow Property. Revenue from any business
operating within the City of Owasso at the time the Development Agreement is executed which
This exception notwithstanding, however, sales tax revenue generated by a business existing and
operating within Owasso at the time the Development Agreement is executed which thereafter
constructs an additional store or business within the Development Area (e.g., Walgreen's,
McDonalds) shall be included within the monthly computed payback amount.
The estimated cost for construction of the service road and storm sewer improvements for which
Morrow will be entitled to reimbursement under the Development Agreement is $536,247.20.
The reimbursement amount payable to Morrow shall not exceed this amount. This amount
includes payment for 28,749.60 square feet of land which will be dedicated to the City by
Morrow for the 116th Street Road Improvements. Construction of all proposed service road and
storm sewer improvements must be publicly bid by Morrow in compliance with the Public
Competitive Bidding Act contained in Title 61 of the Oklahoma Statutes. Failure to comply with
the Act's provisions shall negate Morrow's right to receive reimbursement from either the City
or the OPWA for the proposed public improvements.
The life of the Development Agreement shall be limited to fifteen (15) years, and the Agreement
shall automatically terminate fifteen (15) years after the date the Agreement is executed even if
the total cost of the public improvements has not been fully reimbursed to Morrow.
Reimbursements to Morrow shall begin only after each of the following has occurred:
1. Ninety (90) days after a business is opened within any part of the Development
Property,
2. Sales Tax Revenue is being generated by any portion of the Development Property,
3. Sales Tax Revenue for the initial ninety (90) day period has been received by the City
from Oklahoma Tax Commission, and
4. The accrued amount of the payback to Morrow has reached $300,000.
Installment payments shall be made to Morrow by the OPWA on a monthly basis within sixty
(60) days from the date the City receives the required documentation from the Oklahoma Tax
Commission.
RECOMMENDATION
Staff will recommend City and OPWA approval of the proposed Development Agreement and
City Council approval of the indebtedness of the OPWA in the amount of $536,247.20 as set
forth in the Agreement.
ATTACHMENTS
Proposed Development Agreement
DEVELOPMENT AGREEMENT
(MORROW DEVELOPMENT)
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into
effective as of , 2008 by and between OWASSO PUBLIC WORKS
AUTHORITY, an Oklahoma public trust ("Authority") and MORROW INVESTMENT
CAPITAL, L.L.C., an Oklahoma limited liability company, and MORROW PLACE
INVESTMENT GROUP, L.L.C., an Oklahoma limited liability company (collectively,
"MORROW").
RECITALS
A. MORROW and its affiliates have acquired ownership interest in that
certain property consisting of approximately 80 acres and situated West of
the intersection of Highway 169 and North of 116th Street North in
Owasso, Oklahoma ("Property") for the development of a commercial
retail center (the "Project"), which property is more fully described and
depicted on Exhibit "A" attached hereto.
B. This Agreement is being entered into with the expectation that the new
Project proposed to be undertaken (or being undertaken) by, or facilitated
by, MORROW in Owasso, Oklahoma, will generate substantial new sales
tax revenues for the City of Owasso (the "City").
C. MORROW's Project reasonably requires significant land dedications,
street improvements (the plans and specifications for which have been
prepared by the Authority and reviewed and approved by the City and the
Authority) and certain utility, service road and storm sewer improvements
(including Detention, but only to the extent that such storm sewer
improvements relate to the service road), the plans of which have been
prepared by MORROW and reviewed and approved by the City and the
Authority, and that neither the City nor the Authority has sufficient current
funds to pay the costs thereof at this time.
D. Within and subject to the constraints of applicable State law, the City and
the Authority have represented that in the event MORROW undertakes to
effect and pay the costs of such utility, service road and storm sewer
improvements, the Authority will cause MORROW to be reimbursed for
such costs.
E. The Authority's sources for funding such reimbursements will be either
from its surplus revenues or expected funding to be derived from either (i)
a City sales tax-based revenue bond issue on the City's current (capital
improvements) sales tax of approximately three percent (3.0%); and/or (ii)
sufficient annual appropriations or equivalent allocations by the City to the
Authority of amounts, payable in monthly installments, equal to one-half
cent of such City sales taxes as are collected from businesses or operations
situated on (A) any of the "Development Area" described in Exhibit "B"
hereto, (B) the MORROW Property. The Project and the Development
Area are herein collectively referred to as the "Development Properties".
However, no business or operation existing in Owasso at the time this
Agreement is executed which subsequently relocates in the Development
Area from an existing developed area in Owasso shall be included in the
computed payback. Notwithstanding anything herein to the contrary, a
business or operation existing in Owasso (e.g., Walgreen's, McDonald's,
etc.) which constructs another store or operation in the Development Area
shall be included in the computed payback.
F. The parties acknowledge that the City cannot obligate itself (i) to
appropriate or otherwise allocate any existing or future City sales tax or
other moneys to the Authority in any future fiscal year other than on a
current fiscal year basis, or (ii) to commit to the Authority that it will
facilitate any future bond issue of the Authority, the repayment of which is
in whole or in part based on appropriations or allocations of any City sales
taxes.
G. The parties acknowledge that the City, within and subject to the
constraints of applicable State law, has indicated its willingness to express
and by these presents does hereby express its reasonable expectations and
intentions of undertaking all such actions as may be reasonably necessary
to accommodate and facilitate the Authority's performance of this
Agreement as set forth above, and through its approval of this Agreement
as an incurrence of indebtedness by a public trust of which it is sole
beneficiary, and through a Resolution separately adopted concurrently
herewith, the City has affirmed such willingness.
H. Based on the foregoing, in connection with the Project, MORROW has
agreed to construct or cause to be constructed certain public improvements
relating to the City's utility, storm sewer (including Detention but only to
the extent that such improvements relate to the proposed service road) and
roadway systems and facilities (the "Public Improvements"), all as more
fully described later in this Agreement and the Authority has determined it
would be most advantageous at this time for the Authority to reimburse
MORROW for the costs of said Public Improvements pursuant to the
terms and conditions set forth below.
I. In connection with the development of the Project, the parties desire to
more specifically outline the scope, projected cost, time line and project
engineering and coordination associated with construction of the Public
Improvements.
2
NOW, THEREFORE, in consideration of their respective covenants and
conditions herein expressed, the Authority and MORROW agree as follows:
1. Public Improvements. The Public Improvements are generally described
as follows, and are more particularly designated or described on the improvement plans
for each portion of the Public Improvements prepared by Khoury Engineering, Inc., and
set forth on Exhibit "C" attached hereto (the "Public Improvement Plans").
a. MORROW will design and construct storm sewer lines in the existing
and/or to be created storm sewer easement more fully described and
depicted on Exhibit "E" attached hereto (Storm Sewer Improvements).
The City and Authority shall have oversight and design approval of all
Public Improvements to be constructed by MORROW.
b. MORROW will obtain, file and furnish the necessary right of way
dedications to the City as more particularly provided in Section 2 below,
and will design and construct that portion of the service road
improvements lying north of East 116`'' Street North, as described and
depicted on Exhibit "F" attached hereto ("116`h Street Service Road
Improvements").
c. As more particularly provided in Paragraph 3 below, CITY will calculate
the reimbursement amount due MORROW based on information obtained
by CITY from the Oklahoma Tax Commission. In the event MORROW
disputes the reimbursement amount calculated by CITY, CITY agrees to
cooperate with MORROW to obtain a release from each business or
operator locating within the Development Area so that Morrow may
facilitate the release of itemized sales tax information regarding such
company or organization within the Development Area from the
Oklahoma Tax Commission in order for the parties to determine the exact
reimbursement amount due to MORROW. Notwithstanding anything
herein to the contrary, either parties' failure to obtain such release or such
itemized sales tax information shall not be a default of this Agreement or
otherwise condition, restrict or prohibit payback.
MORROW has caused its engineer to submit to the Authority the proposed
engineering plans and specifications with respect to the Storm Sewer Improvements and
the 116`h Street Service Road Improvements, including the electronic format compatible
with AutoCad.
The Authority and the City have approved the Public Improvement Plans, and
MORROW agrees to construct the Public Improvements as described in the Public
Improvement Plans within the time frames set forth in the Public Improvement Plans.
The cost estimate for the Public Improvements is $536,247.20, as more specifically
itemized on Schedule "1" attached hereto. The reimbursement amount payable to
3
MORROW shall not exceed this amount. MORROW, or its Contractor for said Public
Improvements, will post a Performance Bond and a Statutory Bond, or other satisfactory
collateral, for said Public Improvements with the City prior to the start of construction.
All design and construction undertaken by MORROW shall be consistent with all City
codes and ordinances as well as any other regulations or plans relative to the Public
Improvements. MORROW shall initially pay all costs incurred for the design and
construction of the Public Improvements. MORROW shall receive reimbursement for
actual costs incurred for that portion of the design work for which MORROW is
responsible and for the construction of the 116th Street Service Road Improvements,
including the cost of any required Performance Bonds, Statutory Bonds and Maintenance
Bonds as set forth below in Section 3. MORROW is aware that all construction of the
Public Improvement Plans must be competitively bid and are required to be in
compliance with all Oklahoma competitive bidding statutes. If Morrow does not comply
with those bidding statutes, the Authority and the City shall not reimburse MORROW for
any portion of the Public Improvements. MORROW hereby agrees to have one (1)
employee of the Authority or City present when the bids are opened.
The life of this Agreement shall be fifteen (15) years, and the Agreement shall
automatically terminate fifteen (15) years after the date of execution of this document
even if the cost of the Public Improvements set forth in this Agreement has not been fully
reimbursed to MORROW.
All Public Improvements shall be subject to the Authority's inspection and
approval upon completion. Prior to receipt of the reimbursement described in Section 3
below, and subsequent to completion of the Public Improvement Projects and the
requisite acceptance by the City, MORROW shall cause to be prepared, executed and
delivered any and all appropriate legal documentation, including, but not limited to,
assignments, bills of sales, deeds, easements or grants, reasonably necessary to convey
unto the Authority, or its assignee(s), all of MORROW'S right, title and interest in and to
the Public Improvements free and clear of any and all claims, demands, encumbrances,
liens, or interests of others which do or might impair the title of the Authority, or its
assignee(s), in and to the Public Improvements. The Authority agrees to accept the
Public Improvements if constructed in full compliance with the Public Improvement
Plans. Upon completion and acceptance of any public improvement to the satisfaction of
the Authority, the Authority will recommend final acceptance by the City. It is
understood that each portion of the Public Improvements described in Exhibit "C" may
be completed at a different time. Each portion of the Public Improvements will be
deemed accepted if not rejected in writing within forty-five (45) days of delivery by
MORROW to the Authority of a notice of completion as to that portion of the Public
Improvements. Upon acceptance of each portion of the Public Improvements by the
Authority, but prior to acceptance by the City, MORROW or its contractor shall post a
one (1) year maintenance bond for the each portion of the Public Improvements (the
"Maintenance Bonds"). After the respective maintenance bond periods, the Authority
shall assume responsibility for maintenance of each portion of the Public Improvements.
4
2. Rights of Way Utility Easements and Construction Easements.
MORROW agrees to furnish the legal description for any necessary right-of-way and
utility easements to the Authority. The Authority agrees that it will obtain, file and
furnish the necessary right of way dedications and temporary construction easements for
the construction of the Public Improvements. The City, by its acknowledgment below,
agrees to pay MORROW Seven Dollars ($7.00) per square foot for that portion of the
Property in which MORROW is required to dedicate to the City for the 116`'' Street
Service Road Improvements, and that it shall cooperate with MORROW and the
Authority to assist in completion of the Public Improvements in accordance with this
Agreement. The parties agree that the area to be dedicated to the City for the 116`h Street
Road Improvements consists of approximately 28,749.60 square feet and that the
payment for such dedication will be $201,247.20 which is included in the Schedule "1"
aggregate amount.
All actual costs and expenses, including acquisition costs, to obtain the above
rights of way and temporary construction easements shall be paid pursuant to the terms of
this Agreement, including (without limitation) Section 3 below.
3. Reimbursement of Costs for Public Improvements. The parties agree that
the engineer's preliminary estimate of the total anticipated, estimated costs of providing
and developing all of the Public Improvements is $536,247.20, as is more fully set forth
on Schedule "1", which MORROW shall be entitled to reimbursement. Such schedule
represents the parties' good faith estimate of the projected costs associated with the
construction of the Public Improvements. The expenses to be reimbursed are solely for
the actual cost of construction (not including overhead) of the Public Improvements,
design of the Storm Sewer Improvements and the 116`h Street Service Road
Improvements, and any required Performance Bonds and Statutory Bonds, but not
Maintenance Bonds. Upon completion and acceptance of each portion of the Public
Improvements as contemplated by this Agreement, MORROW shall provide certified (by
an authorized representative of MORROW) figures to the Authority of the actual costs of
that portion of the Public Improvements. Upon receipt thereof, the Authority, upon ten
(10) days written notice to MORROW, shall be authorized and allowed to audit and
examine, at City Hall, City of Owasso, 111 N. Main, Owasso, Oklahoma, at reasonable
times, any and all supportive documentation possessed by MORROW, its agents,
officers, employees and/or independent contractors, reasonably necessary and related to
the certified figures of the actual costs of that portion of the Public Improvements.
MORROW shall be reimbursed for the cost of design, construction and bonding
of the Public Improvements set forth on Schedule "1" as follows:
a. The Public Improvements shall be paid by the Authority to MORROW in
installments of an amount calculated to equal the rate of one-half (1/2) of one cent of
retail sales tax collected by the City from the retail sales within the Development Area.
The parties understand that the reimbursement to MORROW shall begin only upon
occurrence of each of the following: i) ninety (90) days after a store opens in any portion
5
of the Development Properties, ii) any portion of the Development Properties has begun
generating retail sales tax revenue for the City, and (iii) sales tax revenue for the initial
ninety (90) day period is received by the City from the Oklahoma Tax Commission, and
(iv) the accrued amount of the payback reaches Three Hundred Thousand Dollars
($300,000). The installment payment shall be made by the Authority on a monthly basis
within sixty (60) days after the date the City receives the sales tax receipts from the
Oklahoma Tax Commissioner for any retail sales at any portion of the Development
Properties.
4. Revision to the "Limits of No Access" Desi ng ation. The Authority agrees
to request a reduction of the "limits of no access" designation from the Oklahoma
Department of Transportation so that a curb cut can be located on East 116`h Street North
to provide access for the southeastern portion of the MORROW property.
5. Remedies. In the event of any default in or breach of any terms or
conditions of this Agreement by any party, or any successor, the defaulting or breaching
party shall, upon written notice from the other party, proceed immediately to cure or
remedy such default or breach, and shall in any event, within thirty (30) days after receipt
of notice, commence to cure or remedy such default. In case such cure or remedy is not
taken or not diligently pursued, or the default or breach shall not be cured or remedied
within a reasonable time, the aggrieved party may institute such proceedings as may be
necessary or desirable in its opinion to cure and remedy such default or breach, including
but not limited to proceedings to compel specific performance by the defaulting or
breaching party. The parties, their successors and assigns, further agree that the other
party shall have the right and power to institute and prosecute proceedings to enjoin the
threatened or attempted violation of any clauses contained herein.
6. Miscellaneous.
a. Inspection. To the extent within MORROW'S control, MORROW
shall allow the Authority, or their authorized representatives, to access the Public
Improvements to inspect the work at any time.
b. Choice of Law. This Agreement shall be taken and deemed to
have been fully executed and made by the parties herein and governed by the laws of the
State of Oklahoma for all purposes and intents.
c. Entire Agreement. The parties agree that this Agreement
constitutes the entire agreement between the parties and that no other agreements or
representations other than those contained in this Agreement have been made by the
parties. This Agreement shall be amended only in writing, and effective when signed by
the authorized agents of the parties.
6
d. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall constitute one and the same instrument.
e. Severability. In the event that any term or provision or this
Agreement is held to be unenforceable by a court of competent jurisdiction, the
remainder shall continue in full force and effect to the extent the remainder can be given
effect without the invalid provision.
f. Bindin Eg ffect. This Agreement shall be binding upon and inure
to the benefit of the parties hereto and their respective successors, heirs and assigns.
g. Costs. In the event of a dispute relating to the matters set forth
herein, the prevailing party shall be entitled to reimbursements for all reasonable
attorneys' fees and expenses incurred in connection therewith_
h. Notices. Any notice, request or demand provided for in this
Agreement shall be deemed to have been sent notice when the notice has been delivered
by personal delivery, overnight mail or delivery service, facsimile or deposited in the
United States mail, registered or certified, with postage thereon prepaid to the addresses
as set forth below. Notice shall be deemed received upon the earlier of: (1) if personally
delivered (whether by courier or overnight private mail or delivery services), the date of
delivery; (ii) if mailed, three (3) business days after the date of posting by the United
States post office; or (iii) if given by facsimile when sent. The parties' addresses are as
follows:
To the Authority: Owasso Public Works Authority
111 North Main Street
Owasso, Oklahoma 74055
Fax No. 918.272.49116
To the City: City of Owasso
111 North Main Street
Owasso, Oklahoma 74055
Attention: Rodney Ray
Fax No. 918.376.1599
To MORROW: Morrow Place Investment Group, L.L.C.
12150 E. 96`h Street North, Suite 200
Owasso, Oklahoma 74055
Attn: Pete Kourtis
Fax No. 918.272.5376
i. Authority. This Agreement shall become a binding obligation upon
execution by all parties hereto. The Authority warrants and represents that the individual
executing this Agreement on behalf of the Authority has full authority to execute this
7
Agreement and bind the Authority to the same. The Authority further warrants and
represents that this Agreement is valid and enforceable under applicable law and the
Authority's public trust documents, and that the Authority has taken all requisite action
necessary to approve this Agreement. MORROW warrants and represents that the
individual executing this Agreement on its behalf has full authority to execute this
Agreement and bind MORROW to the same. MORROW further warrants and represents
that this Agreement is valid and enforceable under applicable law and MORROW's
corporate documents, and that MORROW has taken all requisite action necessary to
approve this Agreement. The City, by its acknowledgement below, warrants that the City
Resolution(s) attached hereto as Exhibit "D" authorizing the construction of the Public
Improvements and work and undertakings related thereto, including the execution of this
Agreement, have all been duly authorized by proper and legal action taken by the City of
Owasso, Oklahoma.
j. Force Majeure. If an event of force majeure occurs, the time for
performance of the obligations under this Agreement, other than the payment of sums
due, shall be extended for the duration of the event of force majeure. An event of force
majeure shall mean any contingency or cause beyond the reasonable control of a party
including, without limitation, acts of God or the public enemy, war, riot, civil
commotion, insurrection, government or de facto governmental actions (unless caused by
the intentionally wrongful acts or omissions of the party), fires, explosions, floods,
strikes, slowdowns or work stoppages. Inability to pay is not an event of force majeure.
IN WITNESS WHEREOF the parties have executed this instrument to be
effective as of the day and year first above written.
(SEPARATE SIGNATURE PAGES FOLLOW)
(Remainder of Page Intentionally Left Blank)
8
SEPARATE SIGNATURE PAGE OF THE AUTHORITY
OWASSO PUBLIC WORKS AUTHORITY
an Oklahoma Public Trust
By
Name:
Title:
Signed as of the effective date on page 1.
ACKNOWLEDGED AND APPROVED as to form this day of
2008, by the City of Owasso, Oklahoma.
CITY OF OWASSO
B y:
Name:
Attested to By:
By
Name:
City Clerk
SEPARATE SIGNATURE PAGE OF MORROW
MORROW PLACE INVESTMENT GROUP, L.L.C.
By
Pete Kourtis, Manager
Signed as of the effective date on page 1.
MORROW INVESTMENT CAPITAL, L.L.C.
B y:
B y:
Kathleen Morrow Antoniadis, Manager
Frank Morrow, Manager
Signed as of the effective date on page 1.
EXHIBIT "A"
LEGAL DESCRIPTION
THE MORROW PROPERTY
PART OF THE SW/4
SECTION 4, T-21-N R-14-E
MORROW PLACE
80 Acre Commercial Tract Description
(Southerly tract)
A TRACT OF LAND THAT IS A PART OF THE SOUTHWEST QUARTER (SW/4)
OF SECTION FOUR (4), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE
FOURTEEN (14) EAST, OF THE INDIAN MERIDIAN, TULSA COUNTY, STATE
OF OKLAHOMA, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SW/4 OF SECTION 4;
THENCE NORTH 1°28'15" WEST ALONG THE WESTERLY LINE OF SECTION 4,
FOR A DISTANCE OF 750.00 FEET TO A POINT; THENCE NORTH 88°31'45"
EAST AND PERPENDICULAR TO SAID WESTERLY LINE, FOR A DISTANCE OF
93.53 FEET TO A POINT OF CURVATURE; THENCE ALONG A 430.00 FOOT
RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 46°28'15",
FOR AN ARC DISTANCE OF 348.76 FEET TO A POINT OF TANGENCY; THENCE
SOUTH 45°00'00" EAST FOR A DISTANCE OF 83.87 FEET TO A POINT OF
CURVATURE; THENCE ALONG A 600.00 FOOT RADIUS CURVE TO THE LEFT,
HAVING A CENTRAL ANGLE OF 45°00'00", FOR AN ARC DISTANCE OF 471.24
FEET TO A POINT OF TANGENCY; THENCE NORTH 90°00'00" EAST FOR A
DISTANCE OF 310.63 FEET TO A POINT; THENCE NORTH 10°00'00" EAST FOR
A DISTANCE OF 275.89 FEET TO A POINT; THENCE NORTH 20°00'00" EAST
FOR A DISTANCE OF 195.00 FEET TO A POINT ON THE WESTERLY LINE OF
THE EAST HALF OF THE SOUTHWEST QUARTER (E/2 SW/4) OF SECTION 4;
THENCE NORTH 1°26'09" WEST ALONG SAID WESTERLY LINE, FOR A
DISTANCE OF 1,825.00 FEET TO A POINT, SAID POINT BEING THE
NORTHWEST CORNER OF SAID E/2 SW/4; THENCE NORTH 88°47'03" EAST
ALONG THE NORTHERLY LINE OF THE E/2 SW/4, FOR A DISTANCE OF
1,149.16 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S.
HIGHWAY 169; THENCE ALONG SAID RIGHT-OF-WAY LINE FOR THE
FOLLOWING TEN (10) COURSES: SOUTH 1 ° 18'02" EAST FOR A DISTANCE OF
1,173.29 FEET TO A POINT; THENCE SOUTH 2°04'52" WEST FOR A DISTANCE
OF 602.60 FEET TO A POINT; THENCE SOUTH 12°12'21" WEST FOR A
DISTANCE OF 342.01 FEET TO A POINT OF CURVATURE; THENCE ALONG A
1,220.92 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF
13°27'46", FOR AN ARC DISTANCE OF 286.88 FEET TO A POINT OF
TANGENCY; THENCE SOUTH 1°15'26" EAST FOR A DISTANCE OF 100.00 FEET
TO A POINT; THENCE SOUTH 88°44'34" WEST FOR A DISTANCE OF 225.00
FEET TO A POINT; THENCE SOUTH 85°52'50" WEST FOR A DISTANCE OF
500.62 FEET TO A POINT; THENCE SOUTH 74°42'24" WEST FOR A DISTANCE
OF 103.08 FEET TO A POINT; THENCE SOUTH 88°44'34" WEST FOR A
DISTANCE OF 168.86 FEET TO A POINT ON THE WESTERLY LINE OF THE E/2
SW/4; THENCE SOUTH 1°26'09" EAST ALONG SAID WESTERLY LINE, FOR A
DISTANCE OF 100.00 FEET TO A POINT, SAID POINT BEING THE SOUTHWEST
CORNER OF THE E/2 SW/3; THENCE SOUTH 88°44'34" WEST ALONG THE
SOUTHERLY LINE OF THE W/2 OF SECTION 4, FOR A DISTANCE OF 1,318.94
FEET TO THE POINT OF BEGINNING;
SAID TRACT CONTAINING 3,484,786 SQUARE FEET, OR 80.000 ACRES.
EXHIBIT "B"
DEVELOPMENT AREA
(City of Owasso, Oklahoma)
Part of the W/2
Section 4, T-21-N R-14-E
Morrow Place
Tract D Description
A TRACT OF LAND THAT IN TWO (2) PARTS, BEING A PART OF THE WEST
HALF (W/2) OF SECTION FOUR (4), TOWNSHIP TWENTY-ONE (21) NORTH,
RANGE FOURTEEN (14) EAST, OF THE INDIAN MERIDIAN, TULSA COUNTY,
STATE OF OKLAHOMA, SAID TRACT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
PART D-1:
COMMENCING AT THE NORTHWEST CORNER OF GOVERNMENT LOT THREE
(3), OF SAID SECTION 4; THENCE SOUTH 1°26'23" EAST ALONG THE
WESTERLY LINE OF SAID GOVERNMENT LOT 3 AND THE WESTERLY RIGHT-
OF-WAY LINE OF U.S. HIGHWAY 169, FOR A DISTANCE OF 50.00 FEET TO A
POINT; THENCE NORTH 88°56'45" EAST AND CONTINUING ALONG SAID
RIGHT-OF-WAY LINE, FOR A DISTANCE OF 227.00 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 88°56'45" EAST AND ALONG THE
RIGHT-OF-WAY LINE, FOR A DISTANCE OF 130.42 FEET TO A POINT; THENCE
SOUTH 84°50'06" EAST AND CONTINUING ALONG THE RIGHT-OF-WAY LINE,
FOR A DISTANCE OF 230.26 FEET TO A POINT; THENCE SOUTH 1°25'13" EAST
AND CONTINUING ALONG THE RIGHT-OF-WAY LINE, FOR A DISTANCE OF
515.00 FEET TO A POINT; THENCE SOUTH 88°34'47" WEST FOR A DISTANCE
OF 37.65 FEET TO A POINT OF CURVATURE; THENCE ALONG A 325.00 FOOT
RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 36°00'47",
FOR AN ARC DISTANCE OF 204.28 FEET TO A POINT OF TANGENCY; THENCE
NORTH 55°24'26" WEST FOR A DISTANCE OF 86.26 FEET TO A POINT OF
CURVATURE; THENCE ALONG A 50.00 FOOT RADIUS CURVE TO THE LEFT,
HAVING A CENTRAL ANGLE OF 36°01'59", FOR AN ARC DISTANCE OF 31.44
FEET TO A POINT OF TANGENCY; THENCE SOUTH 88°33'35" WEST FOR A
DISTANCE OF 32.07 FEET TO A POINT; THENCE NORTHERLY ALONG A 300.00
FOOT RADIUS CURVE TO THE LEFT, HAVING AN INITIAL TANGENT
BEARING OF NORTH 3°12'34" EAST, A CENTRAL ANGLE OF 4°38'57", FOR AN
ARC DISTANCE OF 24.34 FEET TO A POINT OF TANGENCY; THENCE NORTH
1°26'25" WEST FOR A DISTANCE OF 395.55 FEET TO THE POINT OF
BEGINNING; SAID TRACT CONTAINING 174,235 SQUARE FEET, OR 4.000
ACRES;
AND
PART D-2:
BEGINNING AT THE SOUTHWEST CORNER OF SAID W/2 OF SECTION 4;
THENCE NORTH 1°28'15" WEST ALONG THE WESTERLY LINE OF SECTION 4,
FOR A DISTANCE OF 750.00 FEET TO A POINT; THENCE NORTH 88°31'45"
EAST AND PERPENDICULAR TO SAID WESTERLY LINE, FOR A DISTANCE OF
93.53 FEET TO A POINT OF CURVATURE; THENCE ALONG A 430.00 FOOT
RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 46°28'15",
FOR AN ARC DISTANCE OF 348.76 FEET TO A POINT OF TANGENCY; THENCE
SOUTH 45°00'00" EAST FOR A DISTANCE OF 83.87 FEET TO A POINT OF
CURVATURE; THENCE ALONG A 600.00 FOOT RADIUS CURVE TO THE LEFT,
HAVING A CENTRAL ANGLE OF 45°00'00", FOR AN ARC DISTANCE OF 471.24
FEET TO A POINT OF TANGENCY; THENCE NORTH 90°00'00" EAST FOR A
DISTANCE OF 310.63 FEET TO A POINT; THENCE NORTH 10°00'00" EAST FOR
A DISTANCE OF 275.89 FEET TO A POINT; THENCE NORTH 20°00'00" EAST
FOR A DISTANCE OF 195.00 FEET TO A POINT ON THE WESTERLY LINE OF
THE EAST HALF OF THE SOUTHWEST QUARTER (E/2 SW/4) OF SECTION 4;
THENCE NORTH 1°26'09" WEST ALONG SAID WESTERLY LINE, FOR A
DISTANCE OF 1,825.00 FEET TO A POINT, SAID POINT BEING THE
NORTHWEST CORNER OF SAID E/2 SW/4; THENCE NORTH 88°47'03" EAST
ALONG THE NORTHERLY LINE OF THE E/2 SW/4, FOR A DISTANCE OF
1,149.16 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S.
HIGHWAY 169; THENCE ALONG SAID RIGHT-OF-WAY LINE FOR THE
FOLLOWING TEN (10) COURSES: SOUTH 1°18'02" EAST FOR A DISTANCE OF
1,173.29 FEET TO A POINT; THENCE SOUTH 2°04'52" WEST FOR A DISTANCE
OF 602.60 FEET TO A POINT; THENCE SOUTH 12°12'21" WEST FOR A
DISTANCE OF 342.01 FEET TO A POINT OF CURVATURE; THENCE ALONG A
1,220.92 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF
13°27'46", FOR AN ARC DISTANCE OF 286.88 FEET TO A POINT OF
TANGENCY; THENCE SOUTH 1 ° 15'26" EAST FOR A DISTANCE OF 100.00 FEET
TO A POINT; THENCE SOUTH 88°44'34" WEST FOR A DISTANCE OF 225.00
FEET TO A POINT; THENCE SOUTH 85°52'50" WEST FOR A DISTANCE OF
500.62 FEET TO A POINT; THENCE SOUTH 74°42'24" WEST FOR A DISTANCE
OF 103.08 FEET TO A POINT; THENCE SOUTH 88°44'34" WEST FOR A
DISTANCE OF 168.86 FEET TO A POINT ON THE WESTERLY LINE OF THE E/2
SW/4; THENCE SOUTH 1°26'09" EAST ALONG SAID WESTERLY LINE, FOR A
DISTANCE OF 100.00 FEET TO A POINT, SAID POINT BEING THE SOUTHWEST
CORNER OF THE E/2 SW/3; THENCE SOUTH 88°44'34" WEST ALONG THE
SOUTHERLY LINE OF THE W/2 OF SECTION 4, FOR A DISTANCE OF 1,318.94
FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINING 3,484,786
SQUARE FEET, OR 80.000 ACRES;
THE COMBINED TRACTS CONTAINING 3,659,021 SQUARE FEET, OR 84.000
EXHIBIT "C"
(PUBLIC IMPROVEMENT PLANS)
EXHIBIT "D"
CITY OF OWASSO, OKLAHOMA RESOLUTIONS
EXHIBIT "E"
STORM SEWER EASEMENT
EXHIBIT "F"
116TH STREET SERVICE ROAD IMPROVEMENTS
SCHEDULE "1"
(ESTIMATED COSTS OF PUBLIC IMPROVEMENTS)
116TH STREET SERVICE ROAD IMRPOVEMENTS $501,247.20
STORM SEWER IMPROVEMENTS $35,000.00
PLUS COSTS OF PERFORMANCE AND STATUTORY (BUT NOT
MAINTENANCE BONDS) TO BE INCLUDED IN REIMBURSEMENTS
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIE TROUT LOMBARDI
CITY ATTORNEY
SUBJECT: PROPOSED CONTRACT BETWEEN THE CITY OF OWASSO AND
YOUTH SERVICES OF TULSA, INC. TO ESTABLISH AND OPERATE
THE OWASSO YOUTH COURT
DATE: August 12, 2008
BACKGROUND
Youth courts provide alternative methods of prosecution and sentencing for juveniles who have
committed certain types of crimes, and are being implemented in increasing numbers throughout
metropolitan areas and suburban communities. "Specialty courts" such as this have proven to be
more effective than traditional courts in addressing non-violent crimes committed by minors who
are first time offenders.
Establishing and operating a youth court is time intensive and requires specialized skills and
knowledge to recruit and train both youth volunteers and attorney advisors within the
community. To ensure that a youth court program is successful within a community and
achieves the desired goals, mid-high and high school students must be recruited both prior to the
project's inception and thereafter on a regular basis. The need for comprehensive training for
these student volunteers is ongoing and the required training must be offered on a regular basis.
Youth Services of Tulsa, Inc. ("Youth Services") has successfully implemented youth courts in
several jurisdictions within Tulsa County, and is knowledgeable regarding the implementation,
training and daily administrative operation of a successful youth court which meets the needs of
the youth in a community and produces the desired results. Given that Youth Services has
significant knowledge and experience in all facets of organizing and operating a youth court
program, the City staff approached Youth Services several months ago to discuss the possible
implementation of a youth court in Owasso. As a result of those discussions, Youth Services has
submitted a proposed contract for the City Council's consideration to create and manage the
Owasso Youth Court.
The proposed contract provides that Youth Services will recruit and train student volunteers from
the Owasso Mid-High and High Schools, recruit and train local lawyers willing to serve as
attorney advisors for the youth court, hire afull-time staff Coordinator to oversee the formation
of the Owasso Youth Court, and assume responsibility for the daily operations of the youth court
subsequent to its formation. The Owasso Youth Court Coordinator will be present at all times
when the youth court is in session. Under the proposed contract, Youth Services will offer a six
week comprehensive training course on an as-needed basis to train both student volunteers and
attorney advisors. Youth Services would additionally assume all responsibility for the Owasso
Youth Court's scheduling, documentation, and administrative operations. In return for these
services, the City would pay Youth Services $45,000 for the 2008-2009 fiscal year to establish
and oversee the Owasso Youth Court. The contract would terminate one year from the date the
contract is executed by Youth Services and the City unless the contract is extended by the City
Council. The Owasso Youth Court program will not require additional time or assistance from
City staff because all operational tasks will be handled by the Owasso Youth Court Coordinator
who will be hired and compensated by Youth Services.
The proposed Owasso Youth Court will convene one evening each week and will hear and
decide approximately 30-50 cases per month. Only non-violent, non-felony offenses committed
by first-time offenders will be eligible to be heard by the youth court, and consent from the
City's Municipal Prosecutor will be required before a case can be transferred from the Owasso
Municipal Court to the Owasso Youth Court. During court sessions, the prosecutor will present
the case against the offender to a three judge panel, and the offender's defense will be presented
by the defense attorney. The Owasso Youth Court Coordinator from Youth Services will be
present in the courtroom during all sessions to ensure that the court's docket operates efficiently
and effectively. Likewise, an attorney advisor will be present in the courtroom to provide
explanations, interpretations and clarifications upon request to the youth volunteers regarding the
law(s) under which the offender is charged. The sentence imposed upon the offender by the
three judge panel differs from a traditional municipal court's sentence in three ways: 1) The
offense and sentence are not recorded on the offender's record if the offender completes the
Court's sentence 2) The offender may not appeal the Youth Court's sentence to a higher court,
and, 3) Numerous sentencing options are available to the three judge panel. The sentencing
options available to youth court judges include assignment of community service hours,
requiring that a written or verbal sincere apology be made by the offender to the victim and/or
the payment of restitution to the victim. In addition, youth court judges may also make non-
binding recommendations to the offender's parent or guardian suggesting that a curfew be
imposed upon the offender or that the offender be evaluated at a drug or alcohol treatment
facility. Participation in the Youth Court program, however, is voluntary and no juvenile
offender will be compelled to appear before that Court if they do not wish to do so. Youth who
opt not to have their cases heard and decided in the Youth Court will appear before the Owasso
Municipal Court as they do now.
Youth Services has successfully designed, implemented and managed youth court programs in
the Tulsa County District Court and the City of Broken Arrow. Like the majority of jurisdictions
across the State of Oklahoma and United States, both programs have achieved the desired results
by significantly reducing the number of repeat offenses committed by first-time offenders whose
cases are heard in the youth court rather than the traditional municipal court. The youth court
program allows each case to be individually examined and is able to address the special needs of
each offender. The sentence imposed upon the offender may be particularized to address each
offender's individual circumstances and needs thereby significantly reducing the likelihood that
the offender will be charged with additional offenses in the future. Successful youth courts
across the United States attribute the good results the courts have achieved at least in part to the
credibility of the youth volunteers who run the court. Review and sentencing by a court of one's
youthful peers has proven to be vastly more effective than by an adult judge in the traditional
court system, and an offender whose case is heard by a youth court is much less likely to become
a repeat offender.
RECOMMENDATION
Staff will recommend City approval of the proposed Youth Court Contract and also authorize the
City Manager to execute the contract and all other necessary documents.
ATTACHMENTS
Proposed Youth Court Contract
AGREEMENT BETWEEN THE CITY OF OWASSO AND YOUTH
SERVICES, INC. FOR THE DEVELOPMENT AND MANAGEMENT OF
THE OWASSO YOUTH COURT
The City of Owasso, Oklahoma (hereinafter referred to as "City") and Youth Services of Tulsa
County, Inc. (hereinafter referred to as "Youth Services") agree as follows:
The City has determined there is a need to provide an alternative to prosecution for first time,
non-violent and non-felony juvenile offenders who have committed offenses which would be
heard in the City of Owasso's Municipal Court. The City further finds that Youth Services has
significant experience implementing and facilitating alternative venues known as Youth Courts
within Tulsa County, and that Youth Services is comprised of knowledgeable people having
many year's experience in this field who can develop and operate a Youth Court. Based upon
the need faced by the City of Owasso to provide prosecution alternatives to traditional sentencing
of juveniles in the municipal court setting, and the expertise and ability of Youth Services to
establish and operate youth courts, the City and Youth Services hereby agree to mutually execute
a contract to establish, fund and operate a juvenile court intervention program. The Owasso
Youth Court will be conducted by youth peers who have successfully completed the mandatory
training program conducted by Youth Services. All aspects of the Owasso Youth Court shall be
conducted by volunteer youth including prosecution, defense and sentencing.
The terms of this Agreement shall be effective on October 1, 2008 and shall expire on September
30, 2009. This Agreement shall not renew automatically and will terminate on September 30,
2009 unless an extension of this Agreement, in writing, is executed by The City of Owasso and
Youth Services of Tulsa County, Inc. prior to the termination of the Agreement.
The City shall pay Youth Services forty-five thousand dollars ($45,000) as total compensation
for implementing and facilitating a Youth Court for one year, including the hiring of a full-time
coordinator who will oversee and manage the daily operations of the Owasso Youth Court. The
total sum of compensation shall be paid to Youth Services in twelve (12) equal monthly
payments commencing on October 1, 2008.
Youth Services shall employ personnel with the necessary degree of knowledge, experience,
training and credentials to facilitate and operate the Youth Court, and shall at all times during the
pendency of this Agreement employ at least one (1) person to serve as a full-time coordinator to
supervise, direct and oversee the Owasso Youth Court and serve as a liaison between the City
and Youth Services.
Youth Services shall fully train all youth peers who make application and are selected by Youth
Services to participate as youth volunteers in the Youth Court program. Youth Services will
work with the Owasso schools to recruit youth desiring to serve in the program and will be
responsible for providing the required training before youth volunteers may serve in any official
capacity within the program. Youth Services will also work with the City to obtain a list of
attorneys who might be willing to serve as attorney advisors to the Youth Court program, and
1
shall take all other actions necessary to ensure that each Youth Court session shall have an
attorney advisor present.
Youth Services shall be an independent contractor under this Agreement. This Agreement shall
not be construed to create the relationship of agent, servant, employee, partnership, joint venture
or association between the City and Youth Services or its officers, employees, contractors or
representatives for any purpose. Youth Services shall bear the sole responsibility and liability
for furnishing Workers' Compensation benefits to any employee (other than staff members of the
City of Owasso) or other person for injuries from or connected with services performed pursuant
to this Agreement.
As partial consideration for this Agreement, Youth Services agrees to indemnify, defend (at the
City's option), and hold harmless the City, its employees, officials, agents, representatives and
volunteers from and against any and all liabilities, damages, injuries (excluding death), property
damage (including loss of use), claims, liens, judgments, costs, expenses, suits, actions, or
proceedings and reasonable attorney's fees, and actual damages of any kind or nature, arising out
of or in connection with any of the acts, omissions, negligence or willful misconduct of Youth
Services, its employees, agents, officers, contractors, or their performance or failure to perform
under the terms and conditions of this Agreement. Such indemnification, hold harmless and
defense obligation shall exclude only such liability actions as arise directly out of the sole
negligence or willful misconduct of the City and in accordance with the terms, conditions and
exceptions contained in the Governmental Tort Claims Act. The indemnification and defense
obligations set forth herein shall survive the termination of this Agreement
Without limiting the City's right to indemnification, Youth Services and each of its contractors
shall obtain no less than, or on terms more restrictive than, the following: General Liability
Insurance covering all premises and activities, with an applicable limit of liability not less that
One Million Dollars ($1,000,000.00) per claimant; One Million Dollars ($1,000,000.00) annual
aggregate; and Comprehensive Automobile Liability Insurance applicable to all owned, hired
and non-owned vehicles in an amount not less than One Million Dollars ($1,000,000.00) per
occurrence; and Worker's Com ensation Insurance Covera e in compliance with the Worker's
Compensation Laws of the State of Oklahoma. Youth Services shall include the City as an
Additional Insured on all required insurance policies. Youth Services shall also require its
contractors to list the City as an Additional Insured. Youth Services shall submit certificates of
insurance to the City's Risk Manager for approval prior to allowing any individuals to engage in
any activities under this Agreement. Youth Services and its contractors shall maintain the
required insurance with insurers that carry a Best's "A" rating and which are licensed and
admitted to write insurance in Oklahoma. Failure of Youth Services or its contractors to obtain
and maintain any required insurance shall not relieve Youth Services from any liability
hereunder. Such coverage shall not be canceled or materially changed without giving the City at
least thirty (30) days prior written notification thereof.
This Agreement shall be subject to termination if Youth Services fails to keep, perform and
observe all promises, covenants, conditions and agreements set forth in this Agreement. Any
waiver of any breach of any one or more of the covenants, conditions, terms and agreements
herein contained shall not be construed to be a waiver of any subsequent or other breach of the
2
same or of any other covenant, condition, term or agreement herein contained, nor shall failure to
require exact, full, and complete compliance with any of the covenants, conditions, terms or
agreements herein contained be construed as in any manner changing the terms of this
Agreement or stopping the City from enforcing the full provisions thereof.
Neither this Agreement, nor any of the rights hereunder, shall be sold, assigned, or encumbered
by Youth Services.
This Agreement shall be construed under the laws of the State of Oklahoma. Exclusive original
jurisdiction and venue for any action relating to this Agreement shall be solely in the Tulsa
County District Courts of Oklahoma.
This Agreement constitutes the entire agreement and understanding between the parties, and
supersedes all proposals, oral or written, and all other communications between the parties with
respect to the subject matter of this Agreement.
This document may be modified only by further written agreement. Any such modification shall
not be effective unless and until executed by the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on
the dates hereinafter set forth.
Executed the day of , 2008.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on
the dates hereinafter set forth.
CITY OF OWASSO: YOUTH SERVICES:
Rodney J. Ray
City Manager
Attest:
James M. Walker
Executive Director
Sherry Bishop
City Clerk