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HomeMy WebLinkAbout2008.10.14_City Council Agenda_SpecialPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Special DATE: October 14, 2008 TIME: 6:00 p.m. PLACE: 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, October 10, 2008. ' 'v( Juliann M. Stevens, Deputy `Girt Clerk G AGENDA 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 Discussion relating to Administrative Items Mr. Rooney Attachment # 3 A. Property Insurance Renewal B. Worker's Compensation Excess Coverage C. Debris Management Plan 4. Discussion relating to Community Development Department Items Mr. Rooney Attachment # 4 A. Requests for Annexation (1) B. Request for Final Plat (1) Owasso City Council October 14, 2008 Page 2 Discussion relating to Police Department Items Mr. Rooney Attachment # 5 A. Proposed vehicle purchase 6. Discussion relating to Public Works Department Items Mr. Rooney Attachment # 6 A. Review of bids received the purchase of Water Meters B. Review of bids received for the purchase of sanitary sewer camera equipment C. Final Payment request from AT&T for the relocation of utilities associated with the Main Street Improvement Project D. Final Payment request from ONG for the relocation of utilities associated with the N. 129th East Avenue Widening Project E. Final Payment request from FIT Construction for the Three Lakes Dam Improvement Project 7. Discussion relating to City Manager Items Mr. Ray Attachment # 7 A. Identity Theft Prevention Program - "Red Flag Rules" B. Proposed Interlocal Agreement between the City of Owasso and Tulsa County for the FY 2008-2009 Street Rehabilitation Program C. Proposed update to the Subdivision Regulations D. City Manager's Report 8. Legislative Report Ms. Lombardi 9. Report from City Councilors Owasso City Council October 14, 2008 Page 3 10. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing personnel matters relating to the office of the City Manager, such executive session provided for in O.S. 25, Section 307(B)(1). Mayor Cataudella 11. Adjournment MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: MICHELE DEMPSTER 1 y HUMAN RESOURCE DIRECTOR SUBJECT: PROPERTY INSURANCE RENEWAL DATE: October 9, 2008 BACKGROUND: Each year the City's property casualty coverage renews on November 1St. This policy provides coverage for City property, including non-building items (i.e. traffic lights and pump stations) similar to homeowners insurance. Renewal quotes are being obtained by the City's agent of record based on the current deductible of $25,000. COMMENTS: The City's current carrier has provided a renewal quote of $27,826 a 13.6% increase over last year's premiums of $24,484. Even though the renewal rate is within budget, staff would still like to review quotes that will be submitted by competing providers. A carrier must be selected and a contract signed prior to the October 31 St expiration date. PROPOSAL: In order to allow staff the opportunity to review quotes that may be submitted later in the month staff intends to recommend Council authorization for the City Manager to approve a contract for property casualty insurance for an amount not to exceed the current renewal rate of $27,826 at the October 21St council meeting. This authorization will allow the City Manager to enter into a contract for a lesser amount with either the City's current carrier or a different carrier, should the opportunity arise. MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: MICHELE DEMPSTER HUMAN RESOURCE DIRECTORS SUBJECT: EXCESS WORKERS' COMPENSATION COVERAGE DATE: October 9, 2008 BACKGROUND: The City is self-insured for workers' compensation. This means that all costs associated with an employee's on-the-job injury are paid by the City through the Workers' Comp fund, up to $750,000 per injury. The City purchases Excess insurance to cover any injury exceeding $750,000. The Excess insurance coverage renews annually on October 26` . Excess coverage premiums are calculated as a rate per $100 of payroll. With the increase in employees and increase in salary and wages there has been a corresponding increase in payroll; therefore, an increase in premiums for Excess coverage is expected. COMMENTS: As of the date of this memo the renewal quote is not available. However, last year's premium for Excess insurance coverage was $24,756. It is projected that the 2008-2009 premium for Excess coverage will exceed the City Manager's spending authority. PROPOSAL: Staff intends to recommend Council authorization for the City Manager to approve a contract for Excess Insurance coverage for workers' compensation on the October 2 15` council meeting. MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY D. ROONEY ASSISTANT CITY MANAGER SUBJECT: DEBRIS MANAGEMENT PLAN DATE: October 9, 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. Those two actions are the development of a Debris Management Plan and a Pre-Event Contract. DEBRIS MANAGEMENT PLAN: Attached, for your information and review, is a copy of the proposed Debris Management Plan for the City of Owasso. 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: • Open 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 adoption 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. 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. RECOMMENDATION: Unless concerns are expressed by the City Council, staff intends to request Council adoption and approval of the proposed Debris Management Plan at the October 21, 2008 regular meeting. Upon Council approval, staff's next step in the process would be the creation and bidding of a Pre-Event Contract. ATTACHMENTS: 1. Proposed Debris Management Plan CITY OF OWASSO DEBRIS MANAGEMENT PLAN 1. OBJECTIVES: To facilitate and coordinate the removal, collection, and disposal of debris following a disaster, against any potential threat to the health, safety, and welfare of the citizens of Owasso, and expected recovery efforts in the impacted area, and address any threat of significant damage to improve private property. The objectives of debris management in the aftermath of an emergency are to: A. Open roads and provide access to facilities that provide essential government and population support services. B. Remove debris from public property. C. Assist citizens in removing debris from private property. D. Reduce the volume of debris going to disposal facilities to extend the life of those facilities and reduce costs. E. Ensure hazardous materials are segregated from other debris and properly disposed of. 2. EXPLANATION OF TERMS: Debris means the remains of materials destroyed or damaged as a result of natural or manmade disasters. Disaster debris may include yard waste, building/construction materials, household items, personal property, hazardous chemicals, spoiled food, dead animals, and other materials. Some types of debris pose a threat to health, safety, and the environment. CATEGORIZATION OF DEBRIS: There are a variety of types for categorizing debris. In this "Support Function", the following categorization is used: BURNABLE MATERIALS - which include: Burnable Natural Debris - Generally trees, shrubs, and vegetation. Burnable Construction and Demolition (C & D) Debris - Wooden structural members and other wood products such as roof decking, siding, and doors. NON - BURNABLE MATERIALS - Plastic, glass, metal, sheet rock, roofing shingles, carpet, tires, treated lumber, bricks, concrete, soil, and similar items. Household garbage is a type on non-burnable debris. HAZARDOUS DEBRIS - Industrial and household chemicals, paint, materials containing asbestos, batteries, petroleum products, agricultural chemicals, dead animals, and similar products. 3. SITUATION AND ASSUMPTIONS: Natural and manmade disasters precipitate varying types of debris that include, but are not limited to such things as trees, sand, gravel, building/construction materials, vehicles, personal property, etc. This debris management plan will be based on the waste management approach of reduction, refuse, reclamation, resource recovery, incineration, and land filling. SITUATION: The type and quantity of debris generated by a disaster situation is a function of this type of event, the location of the impact, and the magnitude, intensity, and duration. The type and quantity of debris generated, its location, and the size of the area which is impacted affects the choice of its removal and disposal, the costs incurred, and the time to accomplish the task. ASSUMPTIONS: • An emergency situation requiring debris removal may occur at any time. • Local government may have insufficient resources to remove the debris created by a major emergency or disaster and accomplish other recovery tasks. • If local debris removal capabilities are insufficient, the chief elected official may issue a local disaster declaration and request assistance from the State of Oklahoma in debris removal. • If the local emergency situation is of such a magnitude that the Governor requests a Presidential Disaster Declaration and such a declaration is approved, Federal resources could become available. • For major emergencies or disasters, private contractors will be needed to collect, reduce the volume of, and dispose of debris. • Citizens will assist in removing debris from the immediate area of their homes and businesses, but will generally need government assistance in hauling it away for disposal. • Citizens are often willing to help their neighbors in removing debris; proper public information can encourage such cooperative action, speeding up the process and reducing costs. 4. ORGANIZATION: The City of Owasso Public Works Department is responsible for the debris clearance and removal function and may work in conjunction with the City of Owasso Parks Department if necessary for debris removal from Owasso parks. Public Works will work in conjunction with designated support agencies, private contractors, trucking companies and waste management firms to facilitate the debris clearance, storage, reduction and disposal following a disaster. Only when it is deemed in the public interest will Public Works remove debris from private property. Public Works will stage equipment in strategic locations within the City of Owasso, in order to preserve flexibility for personnel and equipment assignments, and allow for the clearing crews to begin work immediately following a disaster. Public Works will develop and maintain a list of approved private contractors who have the capability to provide debris clearance, removal and disposal in a cost effective, expeditious, and environmentally sound manner following a disaster. PHASE ONE - EMERGENCY ROADWAY CLEARANCE: During Phase One, Public Works will coordinate debris clearance operations. Debris clearance may be managed from the City of Owasso Emergency Operations Center in the event of a larger type of disaster. If debris clearance is localized however, an incident command site may be established at the incident site to manage debris clearance. PHASE TWO - DEBRIS REMOVAL AND DISPOSAL: The normal emergency organization for small scale disaster debris removal and disposal operations as outlined in the Public Works section of the City of Owasso Emergency Operations Plan will apply for these types of incidents. Public Works will coordinate all debris removal and disposal operations. For major disasters that result in large volumes of debris, debris removal and disposal that may continue for an extended period, a debris management task force consisting of personnel from those departments and agencies containing the required expertise may be formed to manage debris removal and disposal operations. The Task Force should be comprised of personnel to perform the following functions: OPERATIONS: Plan debris removal and processing, manage the use of government resources, and monitor the use of contract resources committed to the task. CONTRACTING AND PROCUREMENT: Develop contracts for services and / or equipment, obtain bids, and award contracts. LEGAL: Contract review, manages authorizations for debris removal, and prepares legal documents for building condemnation and land acquisition. ADMINISTRATION: Provide supply, administrative, and accounting support. ENGINEERING: Conduct damage assessments, estimate debris quantities, develop scopes of work and specifications for contracts, and prepare cost estimates. PUBLIC INFORMATION: Provide information and instructions relating to debris removal to the public. (It may be desirable to organize the debris management task force as in Incident Command System operation under an Operations Section Chief) If Public Works utilizes its own resources to remove debris, then the primary role of the operations staff is to plan and supervise debris removal and disposal. If private contractors will be removing debris, then the primary role of the operations staff will normally be to monitor contractor work, ensure that contract provisions are being complied with, and proper documentation provided. 5. CONCEPT OF OPERATIONS: PHASE ONE - EMERGENCY ROADWAY CLEARANCE: Following a disaster, the top priority is to clear major streets providing access to critical support facilities such as hospitals, to allow for movement of emergency vehicles, resumption of critical services, and damage assessment. Emergency roadway clearance also facilitates the deployment of external response elements and delivery of emergency equipment and supplies. In initial roadway debris clearance, debris is normally pushed to the side of the road and no attempt is made to remove or dispose of it. Public Works is responsible for clearing city streets and associated rights of way and for the disposal of the debris resulting from the clearing process. The Oklahoma Department of Transportation (ODOT) is responsible for clearing state and federal highways and rights- of- way, and for the disposal of debris resulting from the clearance process. In this phase, Public Works crews equipped with chain saws will generally be needed to cut fallen trees and limbs. Heavy equipment used for moving debris should be equipped with protective cabs and all personnel should wear protective equipment. Fire hydrants, driveway cutouts, and utility valves should be left clear and unobstructed. As electrical systems are often damaged by the same hazards that create substantial debris, Public Works crews may need to coordinate their efforts to remove debris with utility crews. PHASE TWO - DEBRIS REMOVAL AND DISPOSAL: Debris Removal From Public Property In the aftermath of a disaster, debris may have to be removed from various public properties, including: • Streets and rights of way. • Government buildings, grounds, and parking lots. • Parks and recreation facilities. • Storm drainage systems, channels, and detention facilities. If the emergency situation resulted in a Presidential Disaster Declaration, expenses of debris removal from public property may be partially reimbursed by the federal government if the debris must be removed to: • Eliminate immediate threats to life, public health and safety. • Eliminate immediate threats of significant damage to improved public or private property. • Ensure economic recovery of the affected community. A large scale debris removal and disposal operation can be extremely costly, it is vital to determine if federal assistance will be provided and the rules that apply to such assistance before commencing debris removal operations. Rules can be found in the Disaster Recovery Manual (DEM-62). Debris Removal From Private Property Debris removal from private property, including demolishing condemned structures, is generally the responsibility of the property owner, and the cost may be wholly or partially covered by insurance. If there has been a Presidential Disaster Declaration and debris on private property is so widespread that public health, safety, or the economic recovery is threatened, local government may be partially reimbursed for the cost of debris removal from private property. Local government normally has responsibility for picking up and disposing of debris from private property placed at the curb and bears the cost of that effort. When the Governor has issued a disaster declaration for an emergency situation, Section 418.023 of the Government Code law provides that state resources may be used to remove debris from private property. As a general rule, the property owner must authorize removal of debris, grant unrestricted access, and indemnify the state against any claim resulting from the removal. As the Executive Order of the Governor Relating to Emergency Management provides that county judges and mayors who have issued a local disaster declaration may exercise the emergency powers of the Governor on an appropriate local scale, local governments may remove debris from private property subject to the same conditions cited above. (Attachment "A" provides a sample debris removal access agreement that should be used to meet statutory requirements). PHASE THREE - PREPARATION FOR DEBRIS REMOVAL: Considerable time and labor can be saved in the debris removal process by sorting debris from public property and encouraging the public to sort debris from private property before it is picked up. A proactive public outreach program should advise the public of the actions they can take to facilitate pickup including: • Sorting debris into categories - burnable, natural debris, burnable construction and demolition debris, non-burnable debris, and potentially hazardous debris. • Placing sorted debris piles at curbside. • Keeping debris out of the roadway and way from fire hydrants and utility valves. • Disposing of household garbage in normal refuse containers. PHASE FOUR - ESTIMATING THE AMOUNT OF DEBRIS: In determining the means to be used to remove and dispose of debris, it is essential that local officials have a reasonable estimate of the amount of debris that must be removed and eventually disposed of. PHASE FIVE - DETERMINING DEBRIS REMOVAL STRATEGY: After an estimate of the amount of debris that needs to be removed is made, options for removing the debris should be evaluated in terms of their cost and timeliness. The general strategies for debris removal and processing are: A. Removal and processing of debris by local government. ADVANTAGES: • Direct government control DISADVANTAGES: • Normally requires diversion of significant government resources from regular functions and makes them unavailable for other recovery tasks • Speed of debris removal may be constrained by the government equipment and personnel available • Local government may lack specialized equipment and skills needed to carry out all aspects of debris removal B. Removal and processing of debris by contractors ADVANTAGES: • Speed of debris removal may be increased by contracting for additional resources • If local contractors are used, it may provide local economic benefit DISADVANTAGES: 0 Requires detailed contracts • Requires extensive oversight and inspection (Of course, a combination of local government and private contractors can be used for debris removal) If contractors will be used, the disaster area should be divided into geographic sectors for control purposes and bids solicited based on the estimated quantity of debris in each sector. In defining sectors, it is desirable to group properties of like type, construction, and with similar vegetation together. This will also facilitate estimating the quantity of debris that needs to be removed. Debris may be removed by one-time collection of all debris at each property or using multiple passes to collect different types of material that have been pre-sorted by the property owner. PHASE SIX - ESTABLISHING TEMPORARY DEBRIS STORAGE AND REDUCTION (TDSR) FACILITIES: TDSR facilities sort debris and send it to the most appropriate facility for treatment or disposal. Sorting is needed to separate burnable from non-burnable materials and segregate hazardous products for disposal at authorized facilities and identify debris that can be burned, chipped or ground, recycled, or simply disposed of at a landfill without treatment. The volume of debris can be greatly reduced by a variety of methods, including: Incineration: This method includes open burning, use of air curtain pit incineration (trench burners), or use or portable air curtain incinerators. Incineration of burnable debris typically reduces its volume by 95 percent. Chipping and Grinding: Chipping and grinding is appropriate for clean, woody debris and typically reduces its volume by 75 percent. However, chipping and grinding usually costs as much as incineration and unless the resulting mulch can be disposed of without cost or at a profit, local government may incur additional costs to have the residual material hauled to a landfill. Recycling: Recycling debris may present an opportunity to reduce the overall cost of disposal. Metals, lumber, and soil are the most likely candidates for recycling. Before local government attempts to operate a recycling operation, it is essential to determine if there is, in fact, a market for the materials sorted out in the recycling process; otherwise the output may simply have to be hauled to a landfill. Specialized contractors may be willing to undertake recycling particularly if the large amounts of debris are well sorted. Among the criteria that are pertinent in selecting TDSR facilities, the facilities should be: • Preferably government owned • Large enough to accommodate a storage area, a sorting area, and volume reduction areas • Reasonable proximity to disaster areas and debris disposal sites • Good road access • Not in a residential area or in the vicinity of schools, churches, or other facilities with concentration of population • Not in an environmentally sensitive area, such as wetlands or a water well field. Local landfills and possible local sites for TDSR facilities are described in Attachment "B". The selection of specific sites to be used for TDSR facilities will normally be made by a team of local, state, and where appropriate, federal personnel, who are familiar with the local area and the specific environmental regulations governing such facilities. Primary considerations in selecting a site are ingress/egress to the site, traffic flow within the site, and segregation of debris. PHASE SEVEN - PUBLIC INFORMATION AND INSTRUCTIONS: In the aftermath of an emergency situation, staff should provide the public detailed information on debris removal and disposal plans and procedures. Providing appropriate instructions to the public concerning debris removal can significantly reduce the time and costs involved. Public information on debris removal must start as soon as possible after the disaster before people start moving and stacking large amounts of debris. Public instructions should encourage citizens to: • Assist their neighbors, particularly the elderly or infirm, in removing debris • Move debris to curbside for pickup • Separate debris into the categories determined by local officials • Keep debris piles away from fire hydrant and utility valves. Public information should keep citizens advised of • Debris pickup schedules and the system of pickup, if various types of debris will be picked up on different days • Self help disposal guidelines for citizens and businesses that wish to haul their own debris to a debris storage area or landfill • The normal methods of public information dissemination through the media should be used to provide information to the public. If loss of electric power has occurred, extra effort must be made to reach those without power using door hangers, flyers, signs, and if necessary, door to door outreach. PHASE EIGHT - REGULATORY ISSUES AND TECHNICAL ASSISTANCE: The Oklahoma Department of Environmental Quality (ODEQ) regulates the disposal of waste, including hazardous waste. ODEQ also issues emergency permits for debris incineration. Hence, the advice and assistance of ODEQ should be obtained in developing plans for debris disposal. ODEQ is the state agency responsible for ensuring food safety. The assistance of ODEQ should be sought when there are questions regarding the safety of food supplies in damaged retail stores, warehouses, and processing facilities. ODEQ has the authority to condemn unsafe foodstuffs so that they can be disposed of. The Oklahoma Department of Emergency Management can provide advice and assistance regarding the disposition of dead animals and can help identify stray live animals that can be returned to their owners. PHASE NINE - SITE SELECTION: Initially, debris will be placed in temporary storage identified prior to an actual event. Temporary storage sites should be readily accessible. Equipment should not require extensive preparation for use. The Public Works Director shall direct activation of temporary storage sites and will be coordinated with other recovery efforts through the emergency operations center. PHASE TEN - DEBRIS REMOVAL PRIORITIES: The debris removal process must be initiated promptly and conducted in an orderly, effective manner to protect public health and safety following a major catastrophic event. The first priority is to clear debris from key streets and roadways to provide access for emergency responders into the impacted areas. The need and demand for critical services will be increased significantly following a disaster. The second priority is that debris removal resources will be assigned providing access to critical facilities pre-identified by local and State government. The third priority is for the debris removal team to eliminate debris related threats to public health and safety. This includes the repair, demolition, or barricading of heavily damaged and structurally unstable buildings, systems, or facilities that pose a danger to the public. Any actions taken to mitigate or eliminate the threat to the public health and safety must be closely coordinated with the owner or responsible party. If access to the area can be controlled, the removal activities may be deferred for a time. PHASE ELEVEN - DEBRIS CLASSIFICATION: To facilitate the debris management process, debris will be segregated by type. It is recommended that the categories of debris established for recovery operations will be standardized. The State of Oklahoma has adopted the categories established for recovery operations by the U.S. Army Corps of Engineers following Hurricane Andrew. Debris removed will consist of two broad categories, Clean Wood debris and Construction and Demolition debris. Definitions of Debris Classification: VEGETATIVE DEBRIS - Vegetative debris includes, but is not limited to, damaged and disturbed trees; bushes and shrubs; partially broken and severed tree limbs and bushes. Burnable debris does not include garbage or construction and demolition material debris (To be chipped and recycled as mulch). BURNABLE CONSTRUCTION DEBRIS - Burnable construction and demolition debris consists of non-creosote structural timber, wood products, and other materials designated by the coordinating agency representative. NON-BURNABLE DEBRIS - Non-burnable construction and demolition debris includes, but is not limited to, creosote timber, plastic, glass, rubber and metal products, sheet rock, roofing shingles, carpet, tires, and other materials as may be designated by the coordinating agency. Garbage will be considered as non-burnable debris and will be disposed of at an approved landfill. STUMPS - Stumps (exceeding 24 inches in diameter; but no taller than 18 inches above grade, to include the stump ball) will be considered tree remnants. Any questionable stumps shall be referred to the designated coordinating agency representative for determination of its disposition (to be burned). SCRAP METAL (WHITE GOODS) - Scrap metal includes refrigerators, washers, dryers, air conditioning equipment and other metal products designated by the coordinating agency representative and are to be recycled. INELIGIBLE DEBRIS - Ineligible debris to remain in place includes, but is not limited to, chemicals, petroleum products, paint products, asbestos, and power transformers. Any material that is found to be classified as hazardous toxic waste (HTW) shall be reported immediately to the designated coordinating agency representative. At the coordinating agency representative's direction, this material shall be segregated from the remaining debris in such a way as to allow the remaining debris to be loaded and transported. Standing broken utility poles, damaged and downed utility poles and appurtenances, transformers and other electrical material will be reported to the coordinating agency representative. Emergency workers shall exercise due caution with existing overhead and underground utilities and above ground appurtenances, and advise the appropriate authorities of any situation that poses a health or safety risk to workers on site or to the general population. PHASE TWELVE - DEBRIS DISPOSAL AND REDUCTION: Once the debris is removed from the disaster site, it will be transported to temporary storage sites. The three methods of disposal are burning, recycling, and grinding/chipping. BURNING - The three primary burning methods are open burning, air curtain pit burning, and incineration. • Controlled open burning is a cost effective method for reducing clean woody debris in rural areas. Burning reduces the volume by 95% leaving only ash residue to be disposed of. • Air curtain pit burning substantially reduces environmental concerns. The blower unit must have adequate air velocity to provide a "curtain effect" to hold smoke in and to feed air to the fire below. • Portable incinerators use the same methods as air curtains pit systems. The only difference is that portable incinerators utilize a pre-manufactured pit in lieu of an onsite constructed earth / limestone pit. RECYCLING - Metals, wood, and soils are prime candidates for recycling. Most of the non-ferrous metals are suitable for recycling. Specialized contractors are available to bid on disposal of debris by recycling if it is well sorted. GRINDING/CHIPPING - Grinding and chipping of vegetative material will be utilized as a viable reduction method. Grinding and chipping reduces the volume on a 4 to 1 ratio. For grinding and chipping to be feasible, 25% of volume remaining must have some benefit of use. PHASE THIRTEEN - SITE CLOSE-OUT PROCEDURES: Each temporary debris storage and reduction site will eventually be emptied of all material and be restored to its previous condition and use. Before activities begin on the site, ground and aerial photos will be taken. Important features such as structures, fences, culverts, and landscaping will be noted. Random soil samples will be taken. The site will be checked for volatile organic compounds. After activities begin, constant monitoring of air quality and soil and water samples will be taken. Photos, maps, and sketches of the site will be updated. Any fuel spills will be noted. At closeout, final testing of soil, water, and air quality will be conducted and compared to original conditions. All ash will be removed and any remediation actions taken. 6. DEBRIS MANAGEMENT ACTIONS: The Debris Management Plan is separated into four stages: NORMAL OPERATIONS: • Develop local and regional resource list of contractors who can assist local governments in all phases of debris management • Develop sample contracts with generic scopes of work to expedite the implementation of debris management strategies • Develop mutual aid agreements with other State agencies and local governments, as appropriate, following guidelines established in agency procurement manuals • Identify and pre-designate potential debris storage sites for the type and quantity of debris anticipated following a catastrophic event • Pre identify local and regional critical routes in cooperation with contiguous and regional jurisdictions • Develop site selection criteria checklists to assist in identifying potential regulatory issues and emergency response needs • Develop the necessary right of entry and hold harmless agreements indemnifying all levels of government against any potential claims • Establish debris assessment process and define scope of problem • Develop and coordinate pre-scripted announcements regarding the debris removal process, collection times, temporary storage sites, use of private contractors, environmental and health issues, etc. INCREASED READINESS: (A NATURAL OR MAN MADE DISASTER IS THREATENING THE AREA) • Review and update plans, standard operating procedures, generic contracts, and checklists relating to debris removal, storage, reduction, and disposal process • Alert local departments that have debris removal responsibilities ensuring that personnel, facilities, and equipment are ready and available for emergency use • Relocate personnel and resources out of harms way and stage in areas where they can be effectively mobilized • Review potential local, regional, and debris staging and reduction sites that may be used in the response and recovery phases in the context of the impending threat • Review resource listing of private contractors who may assist in the debris removal process. Make necessary arraignments to ensure their availability in the event of the disaster RESPONSE: • Activate debris management plan, coordinate with needs assessment teams • Begin documentation of costs • Coordinate and track resources (public and private) • Establish priorities regarding allocation and use of available resources • Identify and establish debris temporary storage and disposal sites (local/regional) • Address any legal, environmental, and health issues relating to the debris removal process • Continue to keep the public informed through the Public Information Officer. RF(,YIVFRV• • Continue to collect, store, reduce, and dispose of debris generated from the event in a cost effective and environmentally responsible manner • Continue to document costs • Upon completion of the debris removal mission, close out debris storage and reduction sites by developing and implementing the necessary site restoration actions • Perform necessary audits of operation and submit claim for Federal assistance REFERENCES: FEMA DEBRIS MANAGEMENT GUIDE (FEMA-325) DEPARTMENT OF EMERGENCY MANAGEMENT DISASTER RECOVERY MANUAL (DEM-62) ATTACHMENT "A" CITY OF OWASSO DEBRIS REMOVAL ACCESS AGREEMENT I/We , the owner(s) of the property commonly identified as (street address) Owasso, OK, do hereby grant and give freely and without coercion, the right of access and entry to said property to the City of Owasso, Tulsa County, Rogers County, State of Oklahoma, its agencies, contractors, and sub-contractors thereof, for the purpose of removing and cleaning any or all storm-generated debris of whatever nature from the above described property. It is fully understood that this agreement is not an obligation to perform debris clearance. The undersigned agrees and warrants to hold harmless the City of Owasso and/or the County of Tulsa, County of Rogers, State of Oklahoma, its agencies, contractors, and sub-contractors, for damage of any type, whatsoever, either to the above described property or persons situated thereon and hereby release, discharge, and waiver any action, either legal or equitable that might arise out of any activities on the above described property. The property owner(s) will mark and storm damage sewer lines, water lines, and other utility lines located on the property. I/We (have have not), (will will not received any compensation for debris removal from any other source, including the Small Business Administration (SBA), the National Resource Conservation Service (NCRS), private insurance, individual and family grant program or any other public assistance program. I will report for this property and insurance settlements to me or my family for debris removal that has been performed at government expense. For the considerations and purposes set forth herein, I set my hand this day of ,20 Owner Owner Telephone number Witness ATTACHMENT "B" CITY OF OWASSO RIGHT OF ENTRY The undersigned, being the Owner(s) of record of the property, described below, do(es) grant to the City of Owasso, Right of Entry onto the said property for the purposes hereinafter set forth. LEGAL DESCRIPTION The employees, agents, or contractors representing the City of Owasso, shall be permitted the right to enter upon the above described property to all debris, dirt, rock or other material shall be removed from the area. All equipment and material used in the performance of this work shall be removed from the premises upon completion, Dated in Owasso, Oklahoma this day of 920 Owner Owner MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: ANNEXATION - OA-08-03 DATE: OCTOBER 9, 2008 BACKGROUND: The City of Owasso has received a request to review and approve the annexation of approximately ten (10) acres, located about 660' north of East 96th Street North and half of a mile east of North 129th East Avenue. EXISTING LAND USE: Undeveloped SURROUNDING LAND USE: North: Large Lot Single-Family Residential South: Large Lot Single-Family Residential East: Large Lot Single-Family Residential West: Large Lot Single-Family Residential PRESENT ZONING: RE (Residential Estate) Tulsa County DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the City limits is made a part of the City. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police and fire protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. 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 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 annexation is written and adopted by the City Council. Once adopted the ordinance is circulated to appropriate regional and national agencies for recording and altering maps. ANALYSIS: The applicants are requesting to annex approximately ten acres of land, located about 660'north of East 96`h Street North and half of a mile east of North 129`h East Avenue. The subject tract is currently undeveloped and is bordered by large lot single-family residences. The owners are requesting annexation in order to receive city services such as police and fire. The subject tract is abutting city property, thus consistent with the City of Owasso's annexation policies. This annexation request is accompanied by an application to the Owasso Board of Adjustment for a Special Exception to allow for the construction of a church on the property. The Owasso Board of Adjustment will hear the Special Exception case at their regularly scheduled meeting on October 28, 2008. Staff published legal notice of the annexation petition in the Owasso Reporter and letters of notification were mailed to property owners within a 300' radius. TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee reviewed the request on September 24, 2008. There were no comments. OWASSO ANNEXATION COMMITTEE: The Owasso Annexation Committee reviewed the request on September 24, 2008. There was discussion in regards to bringing the property in under the RS-3 (Single Family Residential) Zoning Designation. The Owasso Annexation Committee recommended approval with no concerns. PLANNING COMMISSION HEARING: The Owasso Planning Commission will consider the request at a public hearing on October 13, 2008. RECOMMENDATION: Staff intends to recommend approval of the annexation request. ATTACHMENTS: 1. General Area Map 2. Letter Requesting Annexation I i J z 0 CITY VIEW ES TA I i 4 V/: SUBJECT PROPERTY CITY OF OWASSO 9/15/08 Legend I I 1 N. Main Street P.O. Box 180 Owasso, OK 74055 North rMS Ia I LS FOR stuFC3luv~ r~ >i. Buz as t~rvr_v ANT-) cs NO'r r l-cNJ-):D 'r0 918.376.1500 ItLPR-U L'.'Z .A C;C:uR,,T'L AT14Y) "i UE SCA T. USE OF'FkUS tA~F,S23~ !T GR EZ~PZ:ESE'. -T 11,01's T?17 CITY OIL OlVtASSO 01- +~S Ar< cl. J?-,c, "s' Tyann Development Co., Inc. P_O. Box 397 - Owasso, OK - 74055 M 918-274-0517 FAM 918-2740413 August 19, 2008 Larissa Darnaby, City Planner City of Owasso 111 North Main Owasso, OK 74055 Dear Ms. Darnaby; We are requesting the annexation of the following described tract of land. The Northwest Quarter of the Southeast Quarter (NW/4 SW/4) of Section Sixteen (16), Township Twenty-one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the United. States Government survey thereof Containing Ten (10) Acres More or Less. (See Attachment) It is our understand that this request would be heard by the TAC & Annexation Committee on September 24, 2008. It would thew be sent to the Planning Commission with their recommendations and the Planning Commission would heard the request October 13, 2008. From the Planning Commission it would be sent to the City Council with all recommendations to be heard on October 21, 2008. If approved by the City Council it would then become a part of the City of Owasso. If our understanding is incorrect please contact me at the above number. For general information we would expect to submit an application to the Owasso Board of Adjustment prior to October 1, 2008 asking for a Special Exception for a Church Use on this tract and the five acre tract South of this tract and fronting on East 960' Street North It is our understanding that this case would be heard by the Board of Adjustment on October 22, 2008. We thank you for your consideration on this matter and if you have questions, please do not hesitate to contact me_ Sincerely, CG Steve Compton Manager MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: FINAL PLAT- THE CENTER AT OWASSO AMENDED DATE: OCTOBER 9, 2008 BACKGROUND: The City of Owasso has received a request to review and approve the final plat for The Center at Owasso Amended, located on the south side of East 96th Street North and immediately west of North 121St East Avenue. ANALYSIS: Staff has received a request from the owners of The Center at Owasso located on the south side of East 96th Street North. The owners request to have a final plat amendment to adjust the lot boundary on Lots 2 and 3, Block 1 of the Center at Owasso, in anticipation of future development. The amendment is to adjust the lot lines of Lots 2 and 3 in order to provide more accessible, and thus, more easily developable lots. Lot 2 is currently 3.134 acres in size, and Lot 3 is currently 0.829 acres. If the amendment is approved, Lot 2 would be 2.985 acres in size, and Lot 3 will be 0.978 acres. The total area being amended is comprised of 3.963 acres of land. The tract is zoned CS (Commercial Shopping), and this amendment is in anticipation of future development. The application, as proposed, does meet all bulk and area requirements. Staff finds the request consistent with the stated intent of the zoning code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 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. Sewer and water service will be provided by the City of Owasso. PLANNING COMMISSION HEARING: The Owasso Planning Commission will consider the request at a public hearing on October 13, 2008. RECOMMENDATION: Staff intends to recommend approval of The Center at Owasso Amended final plat. ATTACHMENTS: 1. General Area Map 2. The Center at Owasso Final Plat Amended L to- q _ OWASSO MARKET l OWASSO MA E -96TH- S`-1~1- - - RC8 CENTER BANK SITE 10 L O~CAT10N SMITH FARM MARKETPLACE I/ IM TYANN,X 3 l -THREE --EA, XES 1 THE CENTER AT OWASSO 10/06/08 Legend North IS FOR INFORMATION PURPOSE ONLY AND IS NOT INTENDEID TO T AN ACCURATE AND TRUE SCALE. USE OF THIS MAP IS SA'ITHOUT 'V OR REPRESENTATION BY CITY OF OWASSO OF ITS ACCURACY- 0 a U i a 0 a 0 G TYANN PLAZL TYANN PLAZA V!! \PL1 G ~+o~ CITY OF OWASSO 111 N. Main Street P.O. BOX 180 Owasso, OK 74055 918.376.1500 I¢ ~gw B U p~.7 R a °^~~R e'vi LL w O 'S. ~ti F ~7 b O N ih r ~ U 9 V lnry pl~EOC (b~0~ l~lO tW.~9 $gR Y'^uq B8~ o.`n~ i34aS.~a Q R ~N`$ O~n&N -o- - 6a ~ Qa.~a h`a 1.1. ` 'LaT d e 09 I I ar mo~s~ a ~ S \ <a 12 m` G6.a$[~ \ p~~ Ems' cE Ta n !6'166 e p Vl O ~ q0 ~ $ 6.61.11.116 a` g \ \ - 8~ .d `V ~ O ~ ~ ~ I I ~,~s`s t as.es .szzst io,ooaos ~ ~ t z n ~ ~ ~ \ `v ' 6 A8.16A0 s - ~ e; m'6s .6vae ~ a . 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To date, one vehicle has been purchased and assigned to the detective division. It is the staff's intention to purchase five (5) Ford Crown Victorias now while waiting to purchase the remaining vehicle in the spring of 2009. The majority of the equipment needed to outfit these units has been ordered. The department sought pricing from dealerships holding governmental agency contracts with the State of Oklahoma. One local dealership in Oklahoma is honoring the State contract price on the 2009 Ford Crown Victoria. The department chose United Ford of Tulsa because that vendor currently holds the state contract and additionally United Ford has five units for immediate delivery. Four of these vehicles are priced at $22,244.00 and the fifth unit, with a few less options is priced at $21,970.00. Standard on these vehicles is the three-year, 36,000 mile bumper-to-bumper warranty. If approved for purchase by the City Council, five (5) units will be delivered within a week. ADDITIONAL INFORMATION: Staff intends to convert one of the five vehicles intended for purchase to operate on a compressed natural gas system (CNG). Currently, the 2008 Crown Victorias are certified for CNG conversion and it is anticipated that the 2009 models will be available for CNG conversion later this year. At that point, staff will begin the process of having the vehicle converted for CNG use. The conversion process to a CNG vehicle is anticipated to cost approximately $15,000. Staff would like to convert the vehicle in order to provide additional information relating to an ongoing study by staff regarding the benefits of CNG vehicles, their performance level, efficiencies, and environmental impact. This information, along with current research efforts, will be utilized to determine future policy and direction regarding the utilization of CNG vehicles throughout the city vehicle fleet. REQUEST: This request is for approval to purchase five (5) 2009 Ford Crown Victoria's four priced at $22,244.00 and one priced at $21,970 for a total cost of $108,946 from United Ford of Tulsa. While initially United Ford of Tulsa had originally intended to honor the 2008 pricing for the 2009 Crown Victorias through October 7, 2008 only, staff has contacted the vendor and they have agreed to extend that pricing through October 21, 2008. After that date, the vehicles would be subject to the 2009 State Contract bid price and would increase $850 per vehicle. FUNDING: Adequate funding for this purchase is available within the "Capital Outlay - Vehicles" line item of the Police Department budget (01-201-54500). RECOMMENDATION: Staff intends to recommend Council approval of purchase and authorization for payment for five (5) 2009 Ford Crown Victoria's, four priced at $22,244.00 and one priced at $21,970 for a total cost of $108,946 from United Ford of Tulsa at the October 21, 2008 regular meeting of the City Council. 2 MEMORANDUM TO: THE HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: TRAVIS BLUNDELL UTILITY SUPERINTENDENT SUBJECT: FY 2008-2009 WATER METER PURCHASE CONTRACT AWARD DATE: October 7, 2008 BACKGROUND: In FY 2007-2008, work orders were processed for 205 new water meter installations and replacements. The FY 2008-2009 Public Works Department Water Division operating budget includes provisions for the purchase of water meters for new service installations, zero-usage replacements and replacement of nonstandard water meters. On an annual basis, the Owasso Public Works Authority purchases water meters through the bidding process. The Trustees last approved a purchase contract with Water Products of Oklahoma in September 2007; thus, a new contract bid is needed in order to keep prices current. BID EVALUATION: Bid specifications were advertised on September 18, 2008 and September 25, 2008, and mailed to five potential vendors. Bids were opened on October 8, 2008. One bid was received from Water Products of Oklahoma, Inc. (Owasso, Oklahoma) with unit prices as follows: Description Unit Price 3/4" Meter $ 102.00 1" Meter $ 182.00 1-1/2" Meter $ 355.00 2" Meter $ 489.00 Delivery of the meters will be in partial orders over the contract period, which guarantees the unit price for any orders placed until June 30, 2009. Orders are to be placed in quantities of no less than ten (10) meters per order. It should be noted, that Water Products was the successful bidder for the previous fiscal year meter contract. Since the last contract bid award, the unit price for the various sizes has remained unchanged. FUNDING SOURCE: The FY 2008-2009 Public Works Department Water Division budget includes sufficient funds to purchase the needed meters. FY 2008-2009 Water Meter Purchase Contract Award Page 2 of 2 RECOMMENDATION: Unless concerns are expressed by the Trustees, staff intends to recommend award of a contract to Water Products of Oklahoma, Inc., Owasso, Oklahoma, for the purchase of 5/8" X 3/4" water meters at $102.00 each; 1" water meters at $182.00 each; 1-1/2" water meters at $355.00 each; and 2" meters at $489.00 each at the October 21, 2008 OPWA meeting. ATTACHMENTS: A. Bid Specification B. Bid Submittal CONTRACT DOCUMENTS AND BID SPECIFICATIONS FOR 5/8" X 3/4" NEPTUNE T-10 PRO-READ USG WATER METERS 1 " NEPTUNE T-10 PRO-READ USG WATER METERS 11/2" NEPTUNE T-10 PRO-READ USG WATER METERS 2" NEPTUNE T-10 PRO-READ USG WATER METERS SEPTEMBER 2008 CITY OF O WAS S O, OKLAHOMA OWASSO PUBLIC WORKS AUTHORITY CONTRACT DOCUMENTS AND SPECIFICATIONS FOR 5/8" X 3/4" NEPTUNE T-10 PRO-READ USG WATER METERS 1" NEPTUNE T-10 PRO-READ USG WATER METERS 1'/2" NEPTUNE T-10 PRO-READ USG WATER METERS 2" NEPTUNE T-10 PRO-READ USG WATER METERS CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY Table of Contents Notice to Bidders Specifications Bid Form Bid Affidavit Notice of Award Contract for Equipment Invoice Affidavit NOTICE TO BIDDERS Sealed Bids will be received by the Owasso Public Works Authority at the Owasso City Hall, 111 N Main, PO Box 180, Owasso, Oklahoma 74055 until 2:00 P.m. on the 8 h day of October, 2008, and then at said City Hall publicly opened and read aloud. This will be for the furnishing of a minimum quantity of: 400 Neptune 5/8" X 3/4" T-10 Pro-Read USG Water Meters; 15 Neptune 1 " T-10 Pro-Read USG Water Meters; 10 Neptune 1'/z" T-10 Pro-Read USG Water Meters; 10 Neptune 2" T-10 Pro-Read USG Water Meters. Further information and specification packets can be obtained by contacting Marcia Boutwell, Contract Administrator, at the Owasso Historical Museum or Travis Blundell, Utility Superintendent, at the Public Works Building during regular working hours. Envelopes containing bids must be sealed and marked to identify the item being bid. All bids must be submitted on the bid forms included with the bid documents. The Owasso Public Works Authority expressly reserves the right to waive any informalities or minor defects or reject all bids. Any bid received after the time and date specified shall not be considered. All bids will be considered irrevocable offers under conditions specified in the bid for a period of thirty (30) calendar days from and after the date herein for the opening of bids. ) (20iw-4-IMA Mar is Boutwell, Contract Administrator WATER METER SPECIFICATIONS PART 1: GENERAL DESCRIPTION 1.1 This proposal shall be for furnishing the Owasso Public Works Authority new water meters and related materials for cold water service in non-corrosive water for the period of November 1, 2008 through June 30, 2009. Water meters to be furnished under this specification will be magnetic drive, permanently sealed register, and positive displacement type meters, more specifically described in other parts of these specifications. PART 2: DELIVERY OF ITEMS 2.1 The quantities listed in the Bid Proposal - Submittal Page are the expected minimum to be purchased. Additional purchases are to be provided at the same unit cost under the terms of the specifications. 2.2 Items to be furnished under these specifications are to be delivered to the Owasso Public Works facility (301 West Second Avenue). 2.3 Delivery is expected to be in partial orders as needed, but in quantities of not less than 10 meters per order. 2.4 When a partial order is needed, delivery must be received within five (5) working days from the date the order is placed. PART 3: CONTROLLING SPECIFICATIONS 3.1 Unless stated otherwise by this standard, the water meters to be furnished will equal or exceed the requirements of AWWA Standard C700-90, or latest revision, with particular reference to flow capacity, displacement pressure loss, accuracy and physical dimensions. 3.2 The 5/8" or 5/8" x 3/4" meter type and model supplied shall be available concurrently in 3/4", 1 1-1 /2" and 2". 3.3 Meter models and designs shall have been continuously manufactured in the U.S. for a minimum of five (5) years and meters being bid must have been approved by the City of Owasso prior to bid announcement. PART 4: SPECIFIC REQUIREMENTS 4.1 The meter case shall be high-grade bronze to equal or exceed AWWA Standards. The 5/8", 3/4", 1", 1-1/2" and 2" meter cases shall be of the frost- proof type. The frost bottom, if furnished, shall be of cast iron. (Plastic in- lieu-of cast iron must be indicated as an exception to the specifications.) 4.2 Baskets of a suitable material, resting in recessed seats, shall prevent leakage of the joints in the case assembly when subjected to a pressure of 150 psi. 4.3 All external bolts, nuts and washers shall be of brass, bronze or stainless steel material and shall be designed for easy removal after long service. 4.4 The size and model number of the meter and the direction of flow shall be cast in raised letters on the outer surface of the case. A manufacturer's serial number will be die-stamped or molded on the register lid and the meter casing. 4.5 All meters shall be furnished with mini pro-read pads providing encoded readings directly from the internal odometer. Pads shall be compatible with visual and computerized hand-held readers. The pad shall be protected against internal moisture with a compatible liquid. The use of barriers or pulse accumulators shall not be allowed. The selected vendor shall have at least ten (10) years of experience in the manufacturer of such products. PART 5: SCOPE 5.1 All meters furnished shall conform to the "Standard Specifications for Cold Water Meters" - C700, latest revision issued by the AWWA. The following requirements for specific details are made referring to the selection numbers contained in the AWWA specifications. PART 6: GENERAL 6.1 All meters shall consist of a bronze main-case with the serial number stamped on the main-case. 6.2 Only displacement meters of the flat nutating disc type will be accepted because of improved operation. 6.3 The size, capacity, accuracy and meter lengths shall be specified in the AWWA Standard C700, latest revision. The maximum number of disc nutations is not to exceed those specified in the AWWA C700, latest revision. PART 7: METER MAINCASE 7.1 Maincases shall be the removable bottom cap type with the bottom cap secured by four (4) bolts on 5/8" and 3/4" sizes, six (6) bolts on the 1" size, and eight (8) bolts on the 1-1/2" and 2" sizes. Bottom caps shall be interchangeable; size for size, between frost-protected cast iron and non-frost protected (bronze) models. No meters utilizing frost plugs will be accepted. 7.2 Frost-protected meters shall have a cast iron bottom cap. Non-frost protected meters shall have bronze or synthetic polymer bottom caps. The cross section of the bottom shall break clean when subjected to freezing pressure of 600- 850 psi. 7.3 All maincase bolts shall be of 300 series stainless steel to prevent corrosion. Bottom cap bolt lugs shall be enclosed in the maincase and shall not have externally exposed, threaded through holes. PART 8: REGISTER 8.1 The register shall be of the straight reading sealed magnetic drive type and shall contain six (6) numeral wheels. Registers must be roll sealed and dry. All direct reading register lenses shall be flat, of high strength, and impact resistant glass to prevent breakage. The register retaining shall be designed to absorb impact from the register. 8.2 The register shall have the size, model and date of manufacture stamped on the dial face. The dial shall be of the center sweep pointer type and shall contain 1,200 equally divided graduations at its periphery. 8.3 The register must contain a low flow indicator with a 1:1 disc nutating ratio to provide leak detection. Register boxes shall be synthetic polymer or bronze. 8.4 All meters must be adaptable to encoder type registers without interruption of customer's service. 8.5 Registers shall be secured to the maincase by means of a plastic tamper-proof seal to allow for in-line service replacement. Seal screws will not be accepted. PART 9: MEASURING CHAMBER 9.1 The measuring chamber shall be of 2-piece snap joint type. The chamber shall be made of non-hydrolyzing synthetic polymer, shall be smoothly and accurately machined and shall contain a removable molded diaphragm of the same materials as that of the chamber. No screws shall be used to secure the chamber together. 9.2 The control block shall be the same material as the measuring chamber and be mounted on the chamber top to provide sand ring protection. The control block assembly shall be removable to facilitate repairing and allow for a greater disc socket wear surface for increased longevity. Control block assemblies shall be designed so as not to allow any magnetic slippage that would result in a loss of revenue. 9.3 The measuring chamber outlet port shall be sealed to the maincase outlet port by means of an "O" ring gasket to eliminate any chamber leak paths. 9.4 The chamber is a nutating disc type, the flat nutating disc shall be one piece construction molded of a non-hydrolyzing synthetic polymer and shall contain a type 316 stainless steel spindle. The nutating disc shall be equipped with a synthetic polymer thrust roller located within the disc slot. The roller head shall roll on the buttressed track provided by the diaphragm in the measuring chamber located near the chambers outport. PART 10: STRAINERS 10.1 All meters shall contain removable polypropylene plastic strainer screens. The strainer shall be located near the inlet maincase port before the measuring chamber and control block assembly. PART 11: PERFORMANCE 11.1 Registers must be guaranteed for at lest ten years. All meters will be guaranteed for at least one (1) year on material and workmanship. 11.2 To ensure accuracy, each meter must be accompanied by a factory test tag certifying the accuracy at the flows required by AWWA C700 (low, intermediate, and full flow). 11.3 Meters and meter parts shall be manufactured in the Continental United States. 11.4 Manufacturers shall have a minimum of five (5) years of production experience with all sizes of the model quoted for model standardization. 11.5 Meter suppliers must have been manufacturing meters for at least ten (10) years. PART 12: SYSTEMS GUARUNTEE 12.1 All meters shall be guaranteed adaptable to the Neptune ARB Encoder, Central Meter Reading (CMR), Tricon, Neptune Manual Reader (NMR), and the Unigun Electronic Meter Reading Systems. BID PROPOSAL - SUBMITTAL PAGE Neptune 5/8" x 3/4" T-10 Pro-Read USG Water Meters (Minimum expected quantity - 400 each) UNIT PRICE PER METER TOTAL COST FOR 400 METERS 102.00 40,800.00 Neptune 1" T-10 Pro-Read USG Water Meters (Minimum expected quantity -15 each) UNIT PRICE PER METER TOTAL COST FOR 15 METERS 182.00 730.00 Neptune 1-1/2" T-10 Pro-Read USG Water Meters (Minimum expected quantity -10 each) UNIT PRICE PER METER TOTAL COST FOR 10 METERS 355.00 Neptune 2" T-10 Pro-Read USG Water Meters (Minimum expected quantity -10 each) UNIT PRICE PER METER TOTAL COST FOR 10 METERS 3,550.00 489.00 TOTAL METER BID 4,890.00 51,970.00 Bid Proposal - Page 1 I hereby acknowledge that I have read the specifications and that I am legally bound by the statements on the Bid Proposal - Submittal Pages. WATER PRODUCTS OF OKLAHOMA, INC. Company Name By: Signature PRESIDENT Title P.O. BOX 349 Address OWASSO, OK 74055 918-586-7100 Telephone BID OPENING: OCTOBER 8, 2008 @2:00 P.M. OWASSO CITY HALL Bid Proposal - Page 2 NON COLLUSION BID AFFIDAVIT STATE OF oxLAHom ) ss COUNTY OF ROGERs ) VERNON E. ANDERSON , of lawful age, being first duly sworn, on oath says that (s)he is the agent authorized by the bidder to submit the attached bid. Affiant further states that the bidder has not been a part of any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or with State, County, or City officials or employees as to quantity, quality, or price in prospective contract, or any discussions between bidder and any State, County, or City official concerning exchange of money or other thing of value for special consideration in the letting of a contract; that the bidder/contractor has not paid, given or donated to any officer or employee of the City of Owasso, Oklahoma, any money or other things of value, either directly or indirectly in the procuring of a contract pursuant to this bid. WATER PRODUCTS OF OKLAHOMA. INC Bidder Signature Subscribed and sworn before me this 07 day of OCTOBER 2008. ~~~~~~"UET l u~pnnp •n. Pt `SdY My Commission Expires: fZz `~2m= : #00008265 - 'EXP. O6/15/12r - %9l~ +~UBLwG o~Q` Notary blic Commission # r/Q"6 NOTE: COMPLETE THIS AFFIDAVIT AND RETURN WITH BID PROPOSAL MEMORANDUM TO: HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: TRAVIS BLUNDELL UTILITY SUPERINTENDENT SUBJECT: TRAILER MOUNTED TV INSPECTION SYSTEM PURCHASE WASTEWATER COLLECTION DIVISON DATE: October 6, 2008 BACKGROUND: Funds for a Trailer Mounted TV Inspection System were initially approved in the FY 07-08 Public Works Department Wastewater Collection Division budget. As you may recall, on September 16, 2008, Trustees approved the carryover of funds to the FY 08-09 Wastewater Collections budget in the amount of $72,000 for the purchase of the inspection system. This piece of equipment will be utilized to inspect over 650,000 linear feet of existing sanitary sewer line and 11,000 linear feet of existing storm drainage sewer line. Additionally, this piece of equipment will be used to inspect new lines installed by contractors before recommending acceptance of those lines to the Council. The best method for locating and identifying deficiencies is to visually inspect internal pipeline conditions. The use of a self-propelled audio/visual camera system will allow for specific analysis without excavating. Currently, the inspection service is provided by a private source at $2.50 per linear foot of sewer line. On average, the division analyzes approximately 4,000 linear feet of line at a cost of $10,000 per fiscal year due to emergencies situations only. The purchase of the inspection camera will enable the department to become proactive in the repairs of the utility infrastructure. In addition, this data will be used for planning purposes for future capital improvement projects. SOLICITATION OF BIDS: In August 2008, bids were advertised and proposal packets were mailed to three prospective vendors. Three bids were received on September 22, 2008 (See attachment "A" for bid summary). Upon a thorough evaluation of all bids received, staff concluded that J&R Equipment L.L.C of Oklahoma City, Oklahoma is the low bidder at $69,000 and has met all bid specifications. FUNDING SOURCE: Funds for the purchase of the Trailer Mounted TV Inspection System are included in the FY 2008-2009 Wastewater Collection Division budget. RECOMMENDATION: Unless there are concerns expressed by the Trustees, staff intends to recommend approval for the purchase of a Trailer Mounted TV Inspection System in the amount of $69,000. ATTACHMENTS: A. Bid summary B. Bid proposal from J&R Equipment LLC 2 OWASSO PUBLIC WORKS AUTHORITY TRAILER MOUNTED TV INSPECTION SYSTEM Bid Opening: September 22, 2008 BID DOCUMENTATION Number of Bids: Bids Opened By: Witness: Bidder J & R Equipment Company Oklahoma City, OK Green Equipment Company Ft. Worth, TX Cobra Technologies Smyrna, GA Certification: 3 Marcia Boutwell Steven Eaton Travis Blundell Base Bid $69,000.00 $71,278.69 $74,780.00 I, Marcia Boutwell, Contract Administrator, do hereby certify that, to the best of nay knowledge, this Bid Documentation is true and correct. Signature: Al Marcia Boutwell Date: September 22, 2008 BID PROPOSAL - SUBMITTAL PAGE TOTAL BID FOR EQUIPMENT AND TRAILER PER SPECIFICATIONS ~S Number of days from Notice of Award to delivery - 64q~'tS NOTE: Include Equipment List pages with Compliance or Exceptions clearly marked. I hereby acknowledge that I have read the specifications and that I am legally bound by the statements on the Technical Specifications/Bid Proposal Pages. f r ~~l L ~Y Name of Company A- ~ I 44zi~~ w~ 1, 24bC>`- Signature C>-reA2A W 4Ct' - Printed Na e & Title 0 s D ~ i,1 sfl US1112.-.E 'St+ QJ- 14 Dig (Zor,~= r '~5-C /j Address -4057- 495-- 5 Lo Phone Number Opp A Q,4co SID OPENING: Monday, September 22, 2008 @2:00 p.m. Owasso Historical Museum, 26 South Main C7^T1~ L 1„~ i -t l•~ 111 _ I-~ ~~6- -761 ~ ~j p~ TECHNICAL SPECIFICATIONS/BID PROPOSAL FOR TRAILER MOUNTED TV INSPECTION SYSTEM SPECIFIC REQUIREMENTS Please note that these specifications establish minimum criteria and the bidder may exceed the noted specifications. The specifications identify the characteristics desired by the Authority such that it is the Authority's intent to receive bids for a Trailer Mounted TV Inspection System, which are similar to the specifications. Bidder shall provide delivery of equipment to the Owasso Public Works Authority within 120 days from the Notice of Award. Failure to comply with specified delivery term may result in the assessment of a $350 penalty (per day) for each successive calendar day that expires after the time specified above. The 120-day delivery period may be extended if circumstances beyond the control of the bidder (forcemajuere) occur. Bidder shall notify the Authority in writing within 14 days of any circumstances that may potentially prohibit delivery of equipment within the specified term. Failure to complete all information on questionnaire and bid request form may be cause for rejection of bid. Any additions, deletions or variations from the following specifications must be stated. Reason for variations and deviations must also be stated. These specifications shall be construed as MINIMUM. Exceptions to these specific requirements must be clearly noted. EQUIPMENT LIST Each camera, camera transporter, and external lighthead to be supplied on this specification must be labeled and listed as a minimum by a Nationally Recognized Testing Laboratory (NRTL) to the applicable Standard for Safety for Closed Circuit Television Equipment, UL 2044, 2nd edition, 11/9/01. A listing report must be supplied that certifies the aforementioned equipment is acceptable as defined by 29 CFR 1910.399 and required by 29 CFR 1910.303(a). Self- certification or certification by a laboratory that is not an NRTL will be deemed unacceptable. NRTL labeled and listed equipment shall be supplied as required by the FEDOSHA memorandum dated September 25, 2002, page 3, Section on Compliance, prepared by John L Henshaw, Assistant Secretary of Occupational Safety and Health. Compliance or Exceptions I. TV Trailer, 10'x 6' (Minimum) Load Space, Single Axle, Double Rear Doors to Include, a. Insulated b. Reinforced Roof (_0 f4l c. 6'6" Interior Headroom (Dy"NAIT d. Side Entry Door v f. Extended Tongue for Mounting Generator J g. 2 Amber Electronic Strobe Warning Beacon, Roof Mounted h. 2 Adjustable Floodlights Rear of Trailer Area Illumination Technical Specifications/Equipment List-Page I Compliance or Exceptions 2. TV Trailer Power Package to include: a. 120 Volt 60 HZ 6000 Watt (Minimum) Commercial Grade Generator, Gasoline Powered with Electric Start - Liquid Cooled b. Generator Remote Start/Stop Cable Assembly c. Generator Enclosure to House Generator on Tongue d. Commercial Power Supply Receptacle, Cord and Plug e. Electric Supply Center with Circuit Breaker Box, Commercial Power and Generator Power Connectors 3. TV Trailer Interior ControUEquipment Area to Include: a. 13,500 BTU Roof Mount Air Conditioner with Built in Heat Strip b. Lonplate Lonseal, or equal, Floor Covering c. Kemlite, or equal, Walls & Ceiling d. 35" x 60" Work Desk with Underneath Storage Drawers e. Cabinet to House Electronic Components f. 2-110 Volt Fluorescent Light Fixtures g. Fire Extinguisher 10 BC Rating W/Bracket h. Operator's Chair i Electrical Outlet Strip at Desk j. Electrical Outlet with Dual Receptacles at Rear Door k. Down hole Pole Mounting Bracket Assembly 1. Foul Weather Door 4. System Engineering Panel, Power Distribution System Rack Mount to include: a. Voltage Readout, Power Supply b. Frequency Readout, Power Supply c. Generator Hour Readout d. Remote Generator Start/Stop Control Switch e. Start/Stop Glow Switch, Roof Strobes 5. Combination Color Mini-Camera Control System/Monitor (120 volt/ 60 Rz NTSC) Mounted in a Metal Cabinet to include: a. 4" Color Monitor With an Anti Glare Screen b. Set Connecting Jacks for Video In and Video Out c_ Hand Command Controller for P/T and/or Transporter Operation d. Diagnostic Display e. Full Length Sun Shield Protective Cover f. Printer Output Port g. Auxiliary Monitor Output Port h. Foot Pedal Control Port (for Transporter) l7 1 w, rn Cs"n/1, C. rilati, rc, rM 1 ' 0/17 (9>yn Con--OIL, a /L ~rn Technical Specifications/Equipment List - Page 2 Compliance or Exceptions 6. Data Display System, Installed in the Power Control Unit, to Include: a. Alpha Numeric Information Display, With Multi Paging and Defect Coding (55 Preprogrammed and 70 User Definable Defect Codes minimum) COIF b. Remote Keyboard for Data Entry 7. Wheeled Dolly to include: 2~42 Liz a. Electric Motor Rewind / b. Hand Crank rph c. Automatic Levelwind / rr, n d. Electronic Footage Meter 8. Combination TV Transmission & Tow Cable Assembly to include: a. 1000' Platinum Multi Conductor Kevlar, or equal, Fiber Armored Cable L/z" b. Kevlar, or equal, Armored Cable Terminal Connector c. Y Eliminator Cable d. Dummy Protector Plug e. Cable Strain Relief 9. Pan, Tilt, and Zoom Camera System to include: a. Solid State Color Sewer TV Camera with a Pan & Rotate Camera Head, 40:1 Zoom Ratio, IOx Optical Zoom, 4x Digital Zoom, NTSC Color Standard, 4x Light Integration b. Camera Controller / c. Camera Lighting System - LED d. Camera Transportation and Storage Case 10. DVD Recorder System to include: a. Rack Mount for DVD 6-cv"07 b. Sony RDR GX7 DVD Recorder, or Equal c.Cable Assembly - DVD to Power Control Unit 11. Self-Propelled Compact Wheeled Camera Transporter, Wheel Driven, to Include: a. Set of Rubber Wheels to Inspect 6" Pipe Cow 4 b. Set of Rubber Wheels to Inspect 8" Pipe / c. Set of Rubber Wheels to inspect 10" -15" Pipe r►, d. The Unit Shall Have Forward, Free Wheel, and Powered Reverse Capabilities y~. e. All Six (6) Wheel Drive Transporter Assembly to Include Motor and Enclosed Drive Train £ Transporter Control Unit n-. Technical Specifications/Equipment List - Page 3 Compliance or Exceptions 12. Equipment Retrieval Tools a. I- Tiger Tail b. I-Top Manhole Roller Guide 13. Training Days a. 3 Days 14. Delivery a. 120 Days _ Cor►~ Technical Specifications/Equipment List - Page 4 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY D. ROONEY ASSISTANT CITY MANAGER SUBJECT: MAIN STREET IMPROVEMENTS AT&T FINAL PAYMENT DATE: October 9, 2008 BACKGROUND: In September of 2006, AT&T provided the City of Owasso with an estimate and contract for the purposes of the relocation of telephone and data lines in association with the Main Street Improvement Project. The City of Owasso entered into this contract based upon the estimate provided by AT&T for the amount of $35,300.03 on October 3, 2006. Language was included within the contract for the City of Owasso to be notified in writing of any change orders necessary to complete the work outlined within the contract. In July of 2008, the City of Owasso received a final invoice from AT&T in the amount of $81,963.71. AT&T cited labor costs at an increased rate of $53,668.68 (as opposed to the estimated and contract cost of ($13,760) for a majority of the increase, while overhead costs associated with the project also increased at $11,727.02. There was a cost savings in the amount of $1,411.77 relating to materials involved in the project. The total contract overage (less increases and other minor deductions) totaled $46,663.68, more than double the contract amount. Upon receipt of this bill, staff scheduled and conducted a meeting with representatives of AT&T to negotiate a resolution. Mr. Stevens and myself represented the City of Owasso while Ms. Ronda Sellers and Mr. Paul DeSpain represented AT&T. AT&T's position regarding the contract was that the estimated price for the services outlined within the contract should only be considered as an estimate. While City staff was not entirely in agreement with this statement, contract language did indeed state that the contract price was just an estimate. Staffs response to this position by AT&T was to reiterate that the contract also contained language that the City of Owasso would receive written notification of any change order in the contract and it was certainly not the position of the City of Owasso that a final bill in the amount of $81,963.71 served as written notification of a contract change order. While staff indicated a commitment to pay the original contact amount of $35,300.03 and were understanding of the problems encountered AT&T with this project - the relocation of a large data line in the immediate area - staff did not feel the entire overage ($46,663.68) was the responsibility of the City and therefore the costs associated with the overage should be shared between both parties. After additional negotiations with AT&T, payment of the agreed contract amount of $35,300.03, and again reiterating the position of the City of Owasso, AT&T personnel reviewed the final invoice. Total adjustments to that invoice were made totaling $26,790.21 on behalf of AT&T. This leaves a remaining balance of $19,873.47 to be paid by the City of Owasso. FUNDING: Funding for the Main Street Improvement Project was to be split between 2025 Vision funds, Hotel Tax Funds, and CIP Funds. Adequate funding remains within the Hotel Tax Fund to pay the remaining balance of $19,873.47. RECOMMENDATION: Unless concerns are expressed by the Council, staff intends to place this item on the October 21, 2008 agenda for Council approval and payment. ATTACHMENTS: 1. AT&T relocation contract 2. Final AT&T Invoice at&t C OTS : 773-06 E 7t`'' St Tulsa, Oat 74126 ?age 1 of APPLICATION and LETTER OF AGREEMENT FOR CUSTOM WORK September 15, 2006 CWOTS Number: 773-06 Customer Billing Telephone Number- BILL TO: CITY QE t'JWASSO WORK SITE LOCATION. E 7 N to E 3"' St on Main, Owasso, O DESCRIPTION E CUSTOM WORK: Remove all aerial plant from 76 N to E 3 t on Main for City of Owasso beautification project. ESTIMATED LABOR: $23,167.25, ESTIMATED MATERIALS: $6.135.64, ESTIMATED OVERHEAD EXPENSE: $6,067.47; TARIFFILICENSE AGREEMENT EXPENSE: WOO COST OF MONEY EXPENSE $849,47 CHARGE FOR CUSTOM WORK ESTINIA'TED COST: S 35,300.03 CHANGE OR' ERS Should concealed conditions exist, including conditions that may exist below the surface of the ground, or it conditions exist that could not have been anticipated by Southwesters Bell Telephone. LP, at the time of this agreement, Southwestern Bell Telephone, L.P., will be entitled to additional funds and/or additional time to complete the work Southwestern Bell Telephone, L P will request such additional funding and/or additional time through a request for a change or°der, Should Applicant or its agents, servants, or employees order or seek changes in the ape of tare wort. Southwestern Bell Telephone„ L.P. is entitled to seek from Applicant, its agents, servants, or employees. additional funds as necessary to perform the worts, and additional time, as necessary to complete the wrack. Said request for additional funds and/or additional time will be through change order, All change orders will be in writing. All change orders will be submitted and accepted by ,Applicanlt its agents, servants or employees, before Southwester Bell Telephone, L. P., proceeds to execute the work or, if work has been initiated on the project, continues with executing the work except in an emergency endangering life or property, a 0n( .::ra'VO T # : 773-06 Page of Applicant, its agents, servants or employees, are deemed to have accepted the terries of any change order by signing where indicated on the char order. Under no circrsmstances will Southwestern Bell Telephone, L,P 's r+ nest for a change artier be deemed or used a evidence of delay on the project Naar will any change order issued in this project be used to charge Soulhwestem Bell Telephone, t _P. with responsibility for any alleged defy on the project M(2-DAMAGE FOR DELAY Under no circumstances will Southwestern Bell Telephone, L.P he held liable to Applicant. Applicant s agents, employees or contractors., for any alleged delay on the project that forms the basis for this custorn work order TIME TO QMPL T F~MIv Applicant agrees to make an advance payment of S 0 00 prior to commencement of the worn. Applicable charges for Custom Work will billed or) a special bill separate from the bill that Applicant receives for telephone service. Applicant, its agents, servants, or employees agree to snake payment on change orders within thirty (30) days of the date of sign=ature on the change order- Failure to make payment within the designated thirty (ag) clay time period will operate to cancel the change carder and Southwestern Bell Telephone, L.P. will cease all work activity on the project until payment is made When the Parties agree to Interval Billing the balance of the Contract Price OF Actual Cost (as applicable) will be made in a onIhly payments. If the Actual Cost made varies from the Estimated Cost, there a correcting adjustment will made in the last payment. If the parties cannot agree to Interval Billing, Applicant will make an advanced payment as indicated above. * Applicable to orders over $25,000 and wok will take 6 or more r.. to complete If the Applicant cancels the work prior to completion, Applicant must notify Southwestern Bell Telephone, L.P., in writing of said cancellation. If Applicant elects to cancel the work prior to completion, Applicant agrees to pay Southwestern Bell Telephone, t,.P, for the costs it has incurred in starting performance finder the contract if Applicant has made an advance payment. Southwestern Bell Telephone L. well deduct its costs and expenses incurred as of the date of Applicant's notice of cancellation from the amount of the advance payment Any arnount remaining will refunded to Applicant not accepted within 60 days the cadet will be cwwi eiled and a new carder will need to be placed The second estimate may be higher than the estimated price snit out above, TOP WORK ORDER In the event that applicant issues a strap work order, or places the project -oil hold', at any point c unirg the progress of the works said :stop work order or request to "hold" work must be issued in writing and must be delivered via certified mail, return receipt requested to Karen Satterfield, 11930 Airline, Rm. 219, Houston, TX 77037. If Applicant issues a stop work order, or a request to 'hold' work, the contract lance quoted herein will remain valid until sixty (60) days front the date of the stop nark or'holrl" work order, At the expiration of the sixty (60) days, the contract price quoted herein will expire and a new contract price will be, c eterrrarned and provided, in writing, to Applicant, The new contract price may be higher than the contract price quoted in this custom/ work order, If, after issuing a stop work, or 'hold` work order, Applicant elects to cancel the contract, Applicant must inform Southwestern Bell Telephone, L.P., in writing of the cancellation, Southwestern Bell Telephone, L,P,, will deduct any expenses incurred in performing the work from Applicant's advance payment and refund any remaining funds to Applicant, ~tQl ! 1kV'J,,ANQARl~ITRAT1QN Should any dispute arise between the parties concerning the subject matter of this agreement, or any term contained therein, the parties agree that the dispute or claim shall be submitted to binding arbitration before the American Arbitration Association. The parties further agree that the prevailing party in any such dispute will be entitled to recover attorney's fees and rests of arbitration Oklahoma law governs the application of this agreement and all terms contained therein. If+ OEMNIFICATION ANC} NQLl3 NARMLljS Applicant, its agents, servants, and employees hereby agree to indemnify and hold harmless Southwestern Bell Telephone, .P., and its employees, agents and contractors, from and against any and all claims, casts, expenses, judgments or actions for damage to property or injury or death to persons, and/or arising from or relating to the work that is the subject of this agreement, to the extent any such claims are caused by the negligent acts or omissions of the Applicant, its agents, servants, or employees, (SWOTS 773-0 Pate of a The pafties agree that the terms set forth herein rA)nst,tu# the entire agreement and assts are no rather agreements regarding the project that is the subject of this a reernen" between text` parties. MODIFICATION & NOTICE Any modification to this agreement mast made in writtntt ,rno s= ned by both parties Any party to this agreement may provide the other party with notice of any fact or con ifion by providing such information in writing and serving said writing via ortified mail, return receipt requested ACCEPTED FOR CUSTOMER, ACCEPTED FOR SOUTHWESTERN LL TELEPHONE, E. P.: Authori ee'Sign tore- Title or Relationship to Company or Individual Company, Printed Name; f PURCHASE ORDER NO. r [date: u' Title Area Manager- nstru ion,!Enginee=ir g Late September 15, 2 Ct6 %wwwoo at&t 417 07U 7600 Z CITY OF OWASSO/PUBLIC W PAGE IOF 1 Bill-At-A-Glance Previous Bill Payment Adjustments Adjustments Past Due - Please Pay Immediately Current Charges Total Amount Due Current Charges Due Upon Receipt FINAL BILL $81,963.71 $35,300.03- $7915.00- $18,875.21- $19,873.47 .00 $19,873.47 Please include your account number on your check 417 07U 7600 Z CITY OF OWASSO/PUBLIC WORKS DE ATTN: ROGER STEVENS PO BOX 180 OWASSO OK 74055 Make check payable to: AT&T PO BOX 5001 CAROL STREAM IL 60197-5001 9750 41707076003414 1000000000000 1771100000740487100007404871 'C7C7' PI-1 Sponsor of the US. Olympic Team MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JOHN W. FEARY PROJECT ADMINISTRATOR SUBJECT: PAYMENT FOR GAS FACILITIES RELOCATION WITH OKLAHOMA NATURAL GAS COMPANY - NORTH 129TH EAST AVENUE - PHASE 2 ROADWAY AND DRAINAGE IMPROVEMENTS DATE: October 7, 2008 BACKGROUND: Included in the Capital Improvements Plan, this roadway improvement project consists of new, five-lane, Portland cement concrete paving between East 76th Street North and East 86th Street North and between East 86th Street North and East 93rd Street North, drainage improvements along its frill length and permanent signalization at the Owasso High School and Owasso 6th Grade Center. UTILITY RELOCATION: American Electric Power - Public Service Company of Oklahoma (AEP-PSO), Southwestern Bell (AT&T/SBC), Oklahoma Natural Gas (ONG) and Cox Communications have engineered the relocation of utilities to allow for the construction of the improvements. All utilities, except for ONG's, are located within the public ROW and have no dedicated easements thus relocation will be at no expense to the City. ONG currently owns and operates approximately 10,680 linear feet of 4" and 410 linear feet of 2" low and medium pressure distribution pipelines within the limits of the project. Of this total length, 595 linear feet required relocation because of project requirements. Of this relocation length, 250 linear feet are located outside the public ROW and within a privately owned easement. This portion had to be relocated at an estimated cost to the City of $33,164.00 including material, labor, and contract administration. Upon further investigation additional areas of relocation were discovered due to the addition of a new drainage structure installed on N. 129th East Avenue per the approved construction plans. A determination was made by ONG that an additional 4" gas line would need to be relocated. The additional line needing relocation was in an existing ONG easement and the cost to move this line would be at the City's expense. Approximately 200 linear feet of the 4" gas line had to be rock bored in order to obtain the depth necessary for the road widening project. The relocation of this additional line comes at a cost of approximately $25,000.00 above the original estimate bringing the total of relocation cost due to ONG to $59,347.65. This explanation can be found in the attached email from ONG (Attachment A). AGREEMENT FOR GAS FACILITIES RELOCATION: The original Agreement (see Attachment B) contains language outlining how ONG will be reimbursed for the work and what the relocation costs will be based on: • The City will reimburse ONG within thirty (30) days of completion of work. • Relocation costs will be based on actual relocation costs. • ONG will award and pay for the work based on competitive bids or continuing contract, whichever is deemed most practical and economical by ONG. • If the contract is awarded at a higher amount than the estimate, ONG will send the City a written notice, and the City will have the right to terminate the agreement within ten (10) days of receipt of notice. • ONG easements shall be considered to retain precedence so that any City project in the future requiring additional relocations of the same facilities shall be paid by the City. The City Attorney reviewed this agreement and found it acceptable. FUNDING: Sufficient funds remain in the Capital Improvements Fund for this project. RECOMMENDATION: Unless concerns are expressed by the Council, staff intends at the October 21, 2008 Council meeting to recommend approval of payment to Oklahoma Natural Gas Company in the amount of $59,347.65 for gas facilities relocation associated with the N. 129th East Avenue - Phase2 Roadway and Drainage Improvements. ATTACHMENTS: A. Email from ONG dated September 2, 2008 B. Copy of ONG Agreement and estimate C. Claim and supporting documents for payment Fear y, John From: Stalcup; Randy J. iRandy.Stalcup@oneok.com) Sent: Tuesday, September 02, 200€3 8:00 A To: Feary, John Cc: Huey, Mike Subject: RE. 120th St. Relocates Attachments: Picture (Device independent Ritmap) John, When we first looked at this project and decided what our conflicts were, we had an area that was in question that we did not put in our original relocation proposal to the City of Owasso. This area was the new drainage box at the existing pond across from the high school (4"P paralleling 129th E. Ave.). In our discussions with Joe Nurre and J.B. Alexander we told them we would do more investigation on this area when we started the relocation project, and upon digging out the existing 4"P gas line it was determined that we needed to relocate the line. This is in an existing ONG easement and would be the responsibility of the City of Owasso for the cost of relocation. The $25,090 overrun is a result of this relocation (this includes approximately 200,ft of a 4"P rock bore to get the depths needed to get below the proposed drainage During the project, on our bored crossings, we decided to lengthen them to ease the installation because of the rock encountered. We did this to benefit ONG and it was not charged to the City. On the original agreement (contract cost) we had some rock prices in it but we encountered rock on the majority of the project which drove up the cost of the Contract Cost. See percentages begs : 1GIN : C) G = 54.13%$ Q ASSN = 45,87% Recalculated percentages from changes: ONG = 63,69% Owasso = 36.31% Higher rock costs on the Contract Cost and the addition of the 4"P relocation at the pond was the major reason for the overrun on this project, even though the City's percentage was lowered. If you have any other questions on this please call me. Randy tau Government Relocation Coordinator t d4c8 E. 15th ,`"-.,t. Tulsa, OK 74112 918.831 825-9 AGREEMENT (--.'AS FACILIT(ES RELOCATION 129"' m AVE,, 76'" ST. NO, `1'O 96 Tit S-L O. CITY OF OWASS '1111,SA COUNTY Oklahoma Natural Gas Company, a Division of ONFOK., Inc,, hereinafter called "Company," owns various medi UM- pressure and low-pressure di.stributiou natural gas pipelines within the construction limits of the referenced project in the City of Owasso, Tulsa. County, Oklahorna, wlr.icb Company utilizes in the discharge of its duties as a public service corporation, City of Owasso, Oldahoma, a municipal corporation, hereinafter called "City," has requested Company to relocate these facilities to accommodate the proposed construction of the referenced project as shown on plans theref --)re, the latest of which were received electronically by Company on July b, 2007. City agrees to reitxnburse Company in the extent and manner hereinafter stated flnr that portion of the cost of relocating said facilities; which is for the benefit of City. Company proposes to perform the necessary relocation of its facilities it t substantial accordance with the five plan sheets and the one-page cost estimate, all dated September 7.2007, of which four copies each are attached. Company will bear the cost of relocating (lie portions of the _facilities which do not occupy private rights-of=way. 'T'he City's share of the. estimated cost of the necessary relocation will be $33,164, all of which is to be reimbursed to Company by City. City by accepting the proposal agrees that City shall reimburse Company for its share of the total actual relocation costs, said costs being arrived at in the. same naarnier as used in Company's estimated cost of the project attached hereto. Such relocation costs will be based upon, but not necessarily hi sited to, material suppliers', work contractors`, and equipment-rental invoices; and at then-current, rates and prices, company's transfer and stores expense charges for warehoused materials; payroll time sheets; indirect labor charges; auto, truck, and equipment use records; expense statements, and standard allocated overhead charges. Company's award of and payment for contracted work. will be based upon competitive bids or continuing contract, whichever appears to the Company will be most practical and economical. It is further understood, and City by accepting this proposal agrees, that City will reimburse the Company in accordance rvitkn this agreement witlrI n thirty {30) days after the said relocation work has been completed and Company's statement for City's costs thereof has been submitted. Company agrees that in the event Company should determine: prior to commencement of construction that the revised estimated ainount of t::he reiinbursernent by the City may exceed the estimated cost as stated herein., Company shall. notify the City of such determination in writing. City shall have the, right: to ten-mriate this agreement within ten (10) days of receipt of such said written notice. If City elects to so terminate, City shall pay Company the City`s share of any engineering cost incurred to date oftermination. If the City does not tennirnate the agreement within f:lae ten (10) days, it shall remain in full force and effect. 'Thy; Cc>mpar;y by agreeing to or by abandoning, rc;locatinti, or modifying any of its facilities pursuant to this agreement shall not thereby be deemed to have abarndone°d, modified, released, or otheRvise destroyed any of itsrghts exi.sting at the time oft the execution of this Egreenrrent under valid and subsisting private right-of ways easements granted to, obtained by or th.r€1ug condernnation, or° c.,therwise vested in the; C'ornnpany unless the Company shall hav-ereleased same by writtern instrument, Fnrrtlrcar should the C«rrnparny in tine c-on.ti e of're locatirng the ;lbov-e-d.escribcd fiacihties relocate array of'snicln f nc ilit.ie°.s Noe l of presently locate(,] on privat(A right-ofk a.y c: n(0 t)ulXlac, ai~ht c,t r~ :ap, (lre. t:`c}mparly slraall bc° deemed in respect, to such facilities to have retained srifficient easement and other rights such that if said faci:htie are erac-crrnpassecl at%ithira any fwure gov rrrrriontrl project requiring relocation, saLljlastrrrent orwiharrr.3c-rrr merit of';ruch facilities, Ihat ifieCorrrpany sha11 be entitled to reirrrbur semeni fc}a the cc:ast Ofsuc haJcscallon, ad)ustnient, or <abandonrraent frorn the ta"W r"mnental ai-,eucy requiring the same; provided, however, this Provision shall not be constr-tied as regiiiring reimbursement ley the City of" t_3w zasso except when such relocation. acljustrr ent, or ab<arrdonfraent is regrtired fora prcfject of the C_;ii~y- c}f~ C)v~~ aswcr. An changes made by the City ira this proposal as subrrritt.cd by the Company shall Ere subject to the written acceptance thereof by the C"ornpauy bet.6re there is airy binding) contract between the parties. City by accepting this proposal warrants that it now has or wi I l have unencumberecl f nds available; with which to pay the relocation costs to the extent here:ira above provided, If this proposal is not rac.c er,)ted by the City within one (l) year frorn the date of this letter, this proposal shall automatically terininate rind thereafter slraall not be sa:rbiect to acceptance by the City unless the proposal is rein. stated by Company, Company respectfully requests that the City of Owasso agree to the terms of this proposal by signing in the space. provided below and returning one executed copy to us. XIVI ES'r: OKLAHOMA NATURAL GAS {"C)NI 'AlaiY, A IIIVISI N O ONI si Bv: ryecrctary teve Wood Dated: "11-14 Vice President: - Operations At'PRf:)'v D as to form and legality this l C' ~i1tG~I"Il t~ CITY F O Y r:1x7 tSO, 0.1i1IAlE4,.&'.tTr A f Mayor , Step en Cataudei 1-~ I I`EST: C ity Clerk , erry Bisho This Liti y' of ONGJO NO. 021.055 15 7.0 10000 cP;.ly `'Otl`r 0M 'At, ~.t 2007. P OKLAHOMA NATURAL GAS COMPANY ESTIMATED GAS. FACILITIES RELOCATION COST NORTH 129TH EAST AVENUE - PHASE 2 CITY OF OWASSO, OKLAHOMA INSTALLATION J,O 021.055.2157,010000 MATERIAL gOST: " QTY NIT GUST AMU NT 4 PIPE, PLASTIC, 2406-396 W r, SDR 't t.5, YEl_? 01,V, 600' Coli-SJ " 600 Ft. ',.74 $1 044 4 Pilate, PLASTIC, 2406..3.,5 VV r, SOR 11.5, YELLoYvv, 40 COILS 40 ft t ?i , 4"X4" SADDLE, ELECTRIOFUSION, FAD. Pic 2406, LESS SLEEVE . 8 . 571 4" ELL, BUTT FUSION, 90 OED REE MD PE „'AW ea. 61.49 $492 , 4" CAP, BUTT FUSION. IPS, MD PE 2406 16 ea. 7,00 $112 $10 THHN VAR ,,F, SOLID, COPPER 1010U ROLL ANY COLOR 16 ea. 4.84 $78 , , 5#. ANODE- MAGNESIUM PACKAGED 10 FILEAD 700 fi.. ' 0.06 542 , PBOL..T-SPOT, CONNECTOR, RANGE 165Th'-IOSTR 1 ) ea. 17.85 $197 TAPE-ELECTRICAL, PUTTY, 1.50" INSULATED 8 ea. 1 tall 0.59 7 89 $5 MISC. MATERIAL . $8 ,540 ESTIMATED MATERIAL GUST $2,459 INSTALLATION gOST: Stores Expense All AUNT Contract Construction Labor $406 Contract Engineering Set=ices $35,065 Company Labor $6,68_ Indirect Labor, Payroll, Insurance, and Taxes $5,251 Automotive Expense $2,150 Right of Way Damages 6788 TOTAL $z-5-09 $55,455 Administrative and General Expense Omissions and Contingencies $8,668 $6,412 ESTIMATED INSTALLATION COST ESTIMATED MATERIAL COST $68,076 ESTftwtA't`ED ABANDONMENT COS IF 52,459 $1,764 TOTAL IwSTIMATEL3 RELOCATION CQST Actual Replacement 72.299 FINANCIAL RESPONSIBILITY Total within Private Right of V`Jay = 250 ft. Total within Public Right of VVay = 295 ft. City Share _250 ft. within additional required RM!_ 45.87 /o = $33,164 545 ft. within total required R/W ONG Share.' 95 ft, within resent public RtW 54.13% - $39,135 545 ft. within' otal required RMI Eastern Region Engineering (Randy Stalcup) Utility Design Services Inc. (Jerry Noll) 917/2001, A - t,,i NaiJ = GAS Ati-ost C, 2008 City of Owasso Attn: Ana Stam, Public: Works.Direct:or 301 W 2"a Ave. Owasso, OIL: 74055 Dear" Ms. Stam- RE: PIPELINE REI<OCATION FOR ROAD AND DRAINAGE IMPROVEMENTS CITY OI= OXAIASSO PROD: 129"' E. AVE., "761" S'I' N `1_'O 96""' ST N. ONG JOB ORDI:: R NO. 021.055.2157.010000 Enclosed are copies of the claim and supporting papers f(.)r the Final Filling against: the City of Owasso, in the amount of $53,347.65 for cost incurred on the referenced project. Please mail payment with a separate check (please dd not include with utility bill payment) to Oklahoma Natural Gas Company, Al" N: Property Accounting, P.O. Box 401, Oklahoma City, OK 73101-0401 Sincerely, Priya Ranikuniar, Director Property Accounting and. Reporting Enctosures rat 7" 101 .)'i[? i 1 7, RELOCATE 4" FOR DRAINAGE IMPROVEMEN1S project no. 129TFI F: AVE, 76TH STN TO 961 H ST N T ULSA (:0UN7Y JOB ORDERS: 021.055.2157.010000 eat t t r tt~~ tit..>,; i UANTIl Y UNIT $/UNIT AMOUN I ANODE-CAST, MAGNESIUM, PAC F;AGI..-F'l 5 LB. 10 F-T LEAD, Hi ALLOY. .05 COPPER 11 EA 16 2391 ' 1 BOLT-SPLIT. CONNE IOR, RANGE. 16STR-1OSTR . . 78,63 CAP-BUTT FUSION, 4" IPS MD PE 2406 8 EA 0.5900 4.12; , CAP-SOCK:"T FUSION. .75" [314"] IPS M€} PE 2406 8 EA 4.2600 °41'18 , COUPLING-ELECTROFUSION, 4" IPS MD PE 2406 7 EA 0.5800 4.06 , ELBOW-BUTT FUSION, 4", 90 DEG MD P F 2406 10 EA 16.9100 169.1 , . PIPE-PE 2406.4" IPS, .395" WALL, SDR 11.5 YELLOW 40' LENGTHS 16 EA ;'.26'444 116.31 , , PIPE-PE 2406, 4" IPS, .395" WALL, SDR 11 5 YEI L<JW 600' COILS 680 FT 1.7387 1182 ''.9a' . , , REDUCER-SOCKET FUSION, 1.25" IPS X.75'[1 1/4" IPS X 3/4"] MD PE 2406 600 FT 1.9464 1167Sti31 , SADDLE-ELECTROFUSION, 4" X 4" MD PE 2406 LESS SLEEVE 3 EA 1.9400 8~ ; . , TAPE-ELL CTRICAL, PUTTY, 1.50" 11 1/2"1 INSULATED 8 EA 61.4350 49 .x`: : TEE-TAPPING, SOCKET- FUSION, 4" X .75" IPS [4" X 3/4" IPSJ MD PE 2406 80° CUTTER 1 EA 7.9400 7 c"i , TEST-STATION, CATHODIC. 2.50" [2 1/2"1 ID X 18" PLASTIC MAGNET 6 EA 3.2650 19.59 , , WIRE-TRACER, FOR BORING, SOLID COPPER #10 AWG PER AS I M B-1 4 EA 15.3500 61.4 , 2000 FT 0.2594 518.74 4361.99 ADMINISTRATIVE AND GENERAL EXPENSE AUTOMOTIVE AND EQUIPMENT EXPENSE 482G9.4; COMPANY LABOR 327 41 CONTRACT LABOR - NORTHERN PIPELINE CONSTRUCTION 1778.2 CONTRACT LABOR - PARNELL CONSULTANTS INC 69899.16 CONTRACT LABOR - SAND SPRING METER CO 18998.67 CONTRACT LABOR - UTILITY DESIGN SERVICES INC 9400 INDIRECT LABOR, PAYROLL, INSURANCE. AND TAXES 6072.65 STORES EXPENSE 7'ifi.39 990.53 TOTAL INSTALLATION COSTS - 1-01-AL MATERIAL AND INSTALLATION COSTS 160,416.47 P.t_ I HEMEN i COSTS ADMINISTRATIVE AND GENERAL EXPENSE CAP-BUTT FUSION, 4" IPS, MD PE 2406 931.69 CAP-SOCKET FUSION, .75" [314"j IPS MD PE 2406 10 EA 4.26 42.6 , CONTRACT LABOR - NORTHERN PIPELINE CONSTRUCTION 6 EA 0.58 3.48 CONTRACT LABOR - PARNELL CONSULTANTS 1720 PLUG-MALLEABLE IRON. 1", BLACK, THREADED SQUARE HEAD CORED 204.41 , , RISER-SERVICE, .75" [3/4"j, ANODELESS, TRANSITION 1" NPT STEEL X 3/4" IRS PLASTIC COATED 4 EA 0.52 2.08 , , STOP-METER, 1", IRON, 1009, NONINSULATED NONRELUBE FLATHEAD 4 EA 8.06 32.24 , , STORES EXPENSE 4 EA 9.91 39.64 TEE-TAPPING, SOC;KE I- FUSION, 4" X 75" IPS 14" X 3/4" IPS), MD PE 2406 .80" CUTTER 12" SLEEVE AN 6 EA 3 2 34,9'1:! 1 , . 65 1,1.I>c 1 TOTAL COST FOR PROJECT LESS: ONG COMPANY SHARE- (63,6901t) AMOUNT DUE-FINAL BILLING 163,447.11 _,_0104,099.46} 69,347.65 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JOHN W. FEARY PROJECT ADMINISTRATOR SUBJECT: CHANGE ORDER NO. 1, FINAL PAYMENT, AND ACCEPTANCE THREE LAKES POND DAM IMPROVEMENTS DATE: October 7, 2008 BACKGROUND: In accordance with the 2005 Stotmwater Master Plan, the improvements related to the enhancement of an existing V2-acre impoundment and related earthen embankment structure located in the Northeast '/4 of the Southwest/4 of Section 20 (T21N, R14EIM) within the city limits of Owasso. Located south and east of U.S. 169 and north and west of the intersection of East 86th Street North and North 129th East Avenue, the project is contained within Block 5 of the Three Lakes III subdivision as recorded on June 21, 1983. Because of continued deterioration of both the dam and the spillway, the pond and structure were included in the priority list of Stormwater Master Plan projects. A conceptual geotechnical study - performed by Terracon in June of 2005 - included recommendations for removing the old dam and vegetation, excavating and preparing the subgrade as a foundation for the new structure and suggestions for fill material and placement methods. Such recommendations are consistent with good engineering design and general earthen dam construction and have served to restore the structural integrity of the dam and mitigate the upstream erosion and flooding problems. CHANGE ORDER NO. 1: The contract for construction was awarded to FIT Construction in September of 2007 in the amount of $362,031.46 which is inclusive of a $21,000.00 special allowance. Throughout the winter and exceptionally wet spring many delays and unanticipated obstacles factored into the completion date and cost associated with this project. The excavation of unusable material or "muck" quantities far exceeded the engineer's original estimate of 5,800 cubic yards by 3,730 cubic yards for a total of 9,530 CY of excavated material. In the original contract, there was a pay item for unclassified excavation however the contract was not inclusive of a lump sum price thus resulting in a project overrun of $2,105.43 above the special allowance. This overrun resulted in a completed project totaling $364,136.89. FUNDING SOURCE: Funding for the project has been allocated under FY 2007-2008 Stormwater Management Fund RECOMMENDATIONS: 1. Staff intends to recommend approval of Change Order No. 1 to the Three Lakes Pond Dam Replacement Project increasing the original contract amount to $364,136.89 and authorizing the Mayor to execute the change order. 2. Staff intends to recommend acceptance of the contract work and authorization for final payment in the amount of $18,206.84 to FIT Construction. ATTACHMENT: A. Change Order No. 1 documentation/trucking quantities B. Final Pay Request from FIT Construction, LLC zo • d -lul.ol F- U.J Z W gW 2 F ~ Qa a w~ C)= N ac Ir Zt 3 U0 w ma ~w aU U QQ LL- 0 L) ~w a Ae ~a JAS' W t M a V H m c 0 U w W Ir LL 0 z Q J a Q 8 t u m K t 0 w N a 0 E m v d QJ Zo/Eo'd SLOOZ8S8% Dil lid 8T:9T Boot-Bo-loo -~~k Mustang Trucking Best Trucking Ticket Loads Hours Date Hauled Ticket Loads Hours Date Hauled 26863 4 3.75 10/23/2007 Mud/Dirt 26018 9 8 11/14/2007 Mud/Dirt 25804 5 5 10/23/2007 Mud/Dirt 27930 8 7.5 11/14/2007 Mud/Dirt 26940 5 4.5 10/23/2007 Mud/Dirt 26328 8 8 11/15/2007 Mud/Dirt 26446 4 3.75 10/23/2007 Mud/Dirt 26019 9 8.5 11/15/2007 Mud/Dirt 26941 11 9 10/24/2007 Mud/Dirt 28388 9 8.75 11/15/2007 Mud/Dirt 25806 11 9.75 10/24/2007 Mud/Dirt 26329 7 8 11/16/2008 Mud/Dirt 26447 11 9 10/24/2007 Mud/Dirt 50 48 75 41836 8 6.25 10/24/2007 Mud/Dirt . 27306 10 9.25 10/24/2007 Mud/Dirt 26448 12 9.75 10/25/2007 Mud/Dirt 25807 11 9.25 10/25/2007 Mud/Dirt 26942 11 9.5 10/25/2007 Mud/Dirt 41835 11 9.25 10/25/2007 Mud/Dirt 27307 11 9 10/25/2007 Mud/Dirt 27659 11 9 10/25/2007 Mud/Dirt 26449 7 8.25 10/26/2007 Mud/Dirt 25808 7 8.25 10/26/2007 Mud/Dirt 26943 7 8 10/26/2007 Mud/Dirt 41840 6 7 10/26/2007 Mud/Dirt 27308 7 8 10/26/2007 Mud/Dirt 27660 7 8 10/26/2007 Mud/Dirt 26451 9 8.25 10/29/2007 Mud/Dirt 25809 9 8.75 10/29/2007 Mud/Dirt 26944 9 8 10/29/2007 Mud/Dirt 41837 8 8 10/29/2007 Mud/Dirt 27309 8 7.5 10/29/2007 Mud/Dirt 102907 7 6.25 10/29/2007 Mud/Dirt 26452 9 8.5 10/30/2007 Mud/Dirt 25810 9 8.75 10/30/2007 Mud/Dirt 26945 9 8.25 10/30/2007 Mud/Dirt 41839 8 8 10/30/2007 Mud/Dirt 27310 7 7 10/30/2007 Mud/Dirt 103007 8 8 10/30/2007 Mud/Dirt 27662 8 8.5 10/30/2007 Mud/Dirt 27663 7 6 10/31/2007 Mud/Dirt 26453 12 10.25 10/31/2007 Mud/Dirt 25811 11 10 10/31/2007 Mud/Dirt 26946 12 10.25 10/31/2007 Mud/Dirt 41841 11 9.5 10/31/2007 Mud/Dirt 103107 9 8.5 10/31/2007 Mud/Dirt 27311 11 10.25 10/31/2007 Mud/Dirt 26455 8 8 11/1/2007 Mud/Dirt 26947 9 9 11/1/2007 Mud/Dirt 25812 8 8.5 11/1/2007 Mud/Dirt 41842 8 8.25 11/1/2007 Mud/Dirt 27312 8 8.25 111112007 Mud/Dirt 26458 8 9.25 11/2/2007 Mud/Dirt 25814 8 9.5 11/2/2007 Mud/Dirt 26948 7 7.5 11/2/2007 Mud/Dirt 41843 7 7.5 11/2/2007 Mud/Dirt 27313 7 8.5 11/2/2007 Mud/Dirt 34325 7 7.75 11/2/2007 Mud/Dirt 26461 8 7 11/5/2007 Mud/Dirt 25816 8 7.5 11/5/2007 Mud/Dirt 26950 8 7 11/5/2007 Mud/Dirt 41846 8 7.5 11/5/2007 Mud/Dirt 27314 7 7 11/5/2007 Mud/Dirt 34326 6 5 11/5/2007 Mud/Dirt 26462 11 8.5 11/6/2007 Mud/Dirt 25817 11 9.25 11/6/2007 Mud/Dirt 26951 11 8.75 11/6/2007 Mud/Dirt 41847 10 8 11/6/2007 Mud/Dirt 27315 9 8.5 11/6/2007 Mud/Dirt 34327 11 8 11/6/2007 Mud/Dirt 26464 10 8 11/7/2007 Mud/Dirt 25819 10 8 11/7/2007 Mud/Dirt 26952 11 8.25 11/7/2007 Mud/Dirt 27316 9 8 11/7/2007 Mud/Dirt 34328 9 7 11/7/2007 Mud/Dirt 26466 11 8.75 11/8/2007 Mud/Dirt 25821 5 4.25 11/8/2007 Mud/Dirt 26954 12 9.25 11/8/2007 Mud/Dirt 41849 7 5.5 11/8/2007 Mud/Dirt 27319 4 3.5 11/8/2007 Mud/Dirt 34330 10 8 11/8/2007 Mud/Dirt 26467 9 8.75 11/9/2007 Mud/Dirt 25823 4 5.5 11/9/2007 Mud/Dirt 26956 9 8 11/9/2007 Mud/Dirt 41851 8 7.5 11/9/2007 Mud/Dirt 27320 7 8.25 11/9/2007 Mud/Dirt 34332 7 6.25 11/9/2007 Mud/Dirt 26469 12 9.5 11/12/2007 Mud/Dirt 25826 12 9.75 11/12/2007 Mud/Dirt 41853 12 9.75 11/12/2007 Mud/Dirt 26957 12 9.5 11/12/2007 Mud/Dirt 26470 12 9.75 11/13/2007= Mud/Dirt 25827 12 10 11/13/2007 Mud/Dirt 41854 11 9.25 11/13/2007 Mud/Dirt 26958 11 9.25 11/13/2007 Mud/Dirt 26471 10 9.5 11/14/2007 Mud/Dirt 25828 7 7 11/14/2007 Mud/Dirt 26959 10 9.25 11/14/2007 Mud/Dirt 41855 9 8.25 11/14/2007 Mud/Dirt 26472 11 9.75 11/15/2007 Mud/Dirt 27324 10 9.5 11/15/2007 Mud/Dirt 26960 9 8.25 11/15/2007 Mud/Dirt 41856 11 9.75 11/15/2007 Mud/Dirt 26473 8 8.5 11/16/2007 Mud/Dirt 27325 7 8.5 11/16/2007 Mud/Dirt 41857 9 7.75 11/16/2007 Mud/Dirt 26961 8 7.75 11/16/2007 Mud/Dirt 26885 7 7 11/16/2007 Mud/Dirt 903 826.25 903 50 953 10 OCT--09-2006 15 09 FIT LLB 918 e2 0t3 "5 P-02/04 AI'IdaY. VIOLA ANA) L,i" 'll '(:A 11, 1 Y,i,41,,t,! ~ I'al~c Oro" of IO: P1 lm ty t _x Cnntrilct Date Application Date: FROM. # S Period To: ~~t .K ~dt} st 7 / Distribution 'ro: Owner PROJECT: n Architect A'~ Contractor CONTRACT FOR: Engineer CONTRACTOR'S APPLICATION FOR PAYMEN`I Application is made for payment, as shown below, in connection with the Contract. Continuation sheet is attached. I . Qiginal Contract Sure . r2 0 . 2. Net Change by Change Carders 3. Contract Sum to Date (Litre I & 2) 4, ToW Completed Stet to Date (Col G on Continuation Sheet) S, Retainae: a. 1)1 0lo of Completed Work $ ( (Column D & E on Continuation Sheet) - FINAL 1J.°/a of Stored Material $ ( . (Column F on Continuation Sliect) Total Retainage (Unc 5a 5b) Z;. Total Earned Less lZetainafte (Line 4 less Line 5 Total) 7. I~~ f'rcviot~s C c"1ificatcs for I'g3yincat 3445 3:s,! ~N 00300-1°'i ~%ui t, OCJ-09-2008 15:09 FIT LLC 9185820075 P03-04 14 , J I,i J dbfit t`11`,,'1 1~11J', * W't✓ (1 Y54 l°. Jialantic-• fu i°'irti~al~, 1'J s Jtcaairtrtt,e 1 ([-inc ~ Jt:ss 1.,1oe 6} -m C1 iAN4GE, ORDER SUMtv',ARY~ ADD[TiONS DEDUCTfONS Change Orders approved in previous months by OWNER TOTALS Approved this month dumber Date Approved TO °t•LS I Net Change by Change Orders I The undersigned Contractor certifies that to the best of the Contiactor's knowledge, information and belief, the WORK covered by tlus"Application for payrnerit has beeW coimpleted in accordance with the Contract Documents, entsr that all amounts have been. paid by the Contractor for Work for which previous Certificates for Paytneat were issued and payments received from the Owner, and that current payment shown hexein is now due. U-0- By, STATE OF OKLAHOMA J ) SS COUNTY A Of Subscribed and sworn to before me this 1 l day cif P,tratr,B 1 to N' tary Public My Commission Expires ~~tI1 At(jRE It'ta1~ Y 00300 . Page') OC 15 OCT-09-2006 15:09 ' ~ ~ i t . ! f ) ~ i { i • i ) F I T ✓i V5C.J2KJF:..I~:'r.✓ C'0-1/k.J4 1n ~ICIOrdancc with talc; co"trr_tct do ullmeiWl, h=ascd on on-sitc: ' >ieivi~t(C>Ct.~ etrY!"i t11~ ;f~ftC i,1f77 ri yt 1(ry i'I 21 t,aSi G ct17~) iCtii (I}Xl, thf l1 i'Glittt Ct~t:f7~'in'~Cr ~t~rlltlt;5 to t(le WIK'r bus[ ut [ti t~1 iilt~ttl~s/tat l(?tCr ,y kttcl4ulct'1 r ~r~d~~rrt3at~~jn aspf t~cG3if, tJ3c `ti jk h: is prop i j.'ti si. tbt ejs VI-, hldicatcd, the (juaiity of.01C Vv'WX iS in a1c'(j `d;1gCe with the ('(jiitrit DC)CldtiiCn(s ;Iii r I~It' c~t~trr r?c~r is entitled to payrt ew of fhe atljotlr7t certiticd. AMOUNT CL Tip'IED -----I~ (Attach explanation if amount certiFc~d~er's ;m the amount applied t'at . ) s A-: Date: ~Aa a,,-vl (Lil'-dis IS not negottabte. The AMOUNT CERTIFIED is payable only to the contras- tor h tied herein. Issuance, payment and acceptance of payment without prejudice to any rights of the Owner or Contractor under this Contract. - rt C;131, M.f_. -1 F t:`-rrIL. P, 01 CLAIM 01Z INVOICE AFFIDAVIT STATE Oh OKLAHOMA ) )SS COUNTY OF The undersigned (Architect, Contractor, Supplier, Engineer or Supervisory Official), of lawfu age, being first duly sworn, on oath says that this (Invoice, Claim or Contract) is true and correct. Affiant further states that the (work, services or materials) as shown by this Invoice or Claim have been (completed or supplied) in accordance with the Plans, Specifications, orders or requests furnished to the Affiant. Affiant further states that (s)he has made no payment, nor given, nor donated, or agreed to pay, give, or donate, either directly or indirectly, to any elected official, officer, or employee of the State, County, or City of money or any other thing of value %-obtain payment or the award_of this contract. or Subscribed and sworn to before me this day of~~ l Notary Public ~~SHA A,q Commission # C'~ ~a II (NAND FOR My Commission Expires: *08001206 kl_XP: 0112912M ®A~ Architect, Engineer or other Supervisory Official Subscribed and sworn to before me this day of Notary Public Commission # My Commission Expires: NOTE.,: Strike out words not appropriate and sign appropriate signature line. Architect, (?ngineer approval is not required Cor Contractor or Suphlic;r Affidavit. 0807 AGRI-EMENT 00300 - Page 12 of 15 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ANGELA HESS FINANCE DIRECTOR SUBJECT: RED FLAG RULES IDENTITY THEFT PREVENTION DATE: October 9, 2008 BACKGROUND: On January 1, 2008 congressional legislation regarding The Red Flag Rule went into effect requiring all public utilities and all government agencies to have an identity theft plan in place by November 1, 2008. Even though the FTC did not fully recognize until mid summer that its rules affected government entities, the FTC expects full, good faith compliance by the November 1, 2008 deadline. The Rule applies to any activity of a public entity, including municipal and rural water districts, for which payment is deferred until after the service is rendered. ADDITIONAL INFORMATION: The Rules require that each entity: • Identify patterns, practices and specific forms of activity that indicate the possible existence of identity theft. • Perform a risk assessment of all internal operations where identity theft is possible. • Develop a written Identity Theft Prevention Program. The plan must be customized to be appropriate to the size and complexity of the nature and scope of activities performed by the municipality. • Update the program periodically to reflect changes in risks. The program is considered a living document and must be reviewed and modified to reflect changes in risk and experience with the workings of the program. Program administration requires: • Governing Body to approve the written ITPP. • Governing Body to designate a senior manager to oversee the implementation, and administration of the program. • Staff to receive formal training on the implementation of the program. Reporting Requirements: • On or around May 1St, a mid-year review of the Program's operations must be completed. • Conduct an Incident Review of all Red Flag events that occurred during the last 6 months to include actions taken to limit customer exposure and any preventive measures put in place. • Write an Annual Report to the Governing Body to report findings and actions taken during the year. FTC Enforcement: • Compliance checks should be anticipated within the next 24 months by the FTC or Office of the Attorney General. • In the event of a knowing violation that constitutes a pattern or practice of violations, the FTC may commence a civil penalty of up to $2500 per violation. RECOMMENDATION: Staff intends to recommend Council appoint City Manager, Rodney J. Ray to act as the Senior Administrator of the Red Flag Identity Theft Prevention Program. MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: JOHN W. FEARY PROJECT ADMINISTRATOR SUBJECT: TULSA COUNTY INTERLOCAL AGREEMENT - 2008-2009 CIP STREET REHABILITATION DATE: October 7, 2008 BACKGROUND: Included in FY 2008-2009 Budget, the Capital Improvements Fund allows for the expenditure of $1 million in the repair and/or resurfacing of residential and non- residential roadways throughout the City. Rehabilitation sites have been evaluated and approved by Council on September 16, 2008 (see attachment A) based on a comprehensive assessment of roadway conditions (both residential and non-residential). The selection process is aimed at maximizing return on investment by increasing roadway lifecycle and minimizing future maintenance costs while enhancing overall roadway driving conditions and public safety. Seeking to further maximize return, in September 2008, the City of Owasso requested assistance from Tulsa County in the completion of several roadway projects. Specifically, the request included the use of County labor and equipment for the paving and/or resurfacing of the previously approved roadway sections. The use of such equipment and labor is anticipated to significantly reduce overlay costs. In order to formalize responsibilities an Agreement has been drafted with Tulsa County (see Attachment B) that includes the following: ■ The City of Owasso shall provide all required materials; ■ Tulsa County shall provide all necessary labor and equipment to complete the projects; and ■ Duration of the Agreement shall be for a period equal to the time necessary to complete the projects. FUNDING: Funding for the materials to be used by Tulsa County for the projects is included in the FY 2008-2009 Capital Improvements Fund budget. RECOMMENDATION: Staff intends to recommend Council approval of the Interlocal Agreement with Tulsa County for paving assistance associated with the FY 2008-2009 Street Rehabilitation Program and authorization for the Mayor to execute the Agreement at the October 21, 2008 Council meeting. ATTACHMENTS: A. Approved Overlay Sites B. Proposed Agreement ATTACHMENT "A" O. x 2008-2009 PAVEMENT REPAIR LOCATIONS ONLY 2008-2009 PAVEMENT REPAIR AND OVERLAY LOCATIONS 2008-2009 PAVEMENT REPAIR ALTERNATE PROJECTS PROPOSED AGREEMENT THIS AGREEMENT, made the day of , 2008, by and between the Board of County Commissioners of Tulsa County, Oklahoma, hereinafter called "County" and the City of Owasso, Tulsa County, Oklahoma, hereinafter called "City". WITNESSETH: WHEREAS, by virtue of 69 O.S., 1981, Section 1903, the Board of County Commissioners is authorized to enter into agreements with municipalities to construct, improve, and repair any of the streets of such municipalities, and; WHEREAS, the County is desirous of participating in projects and the provision of services mutually advantageous to the County and other units of government; THEREFORE, in consideration of the covenants and conditions hereinafter contained, the parties hereto agree as follows: 1. The duration of this Agreement shall be from the date of execution of this Agreement until the project is complete. 2. The purpose of this Agreement shall be to provide street resurfacing on various Streets within the city limits of Owasso per the Owasso street repair map dated September 2008. 3. The City shall provide traffic control and material costs. 4. The County shall provide necessary equipment and manpower to complete the proj ect. 5. This Agreement shall be effective from and after the date of execution hereof and is intended only for the purpose described in section 2 above. 6. The rights, duties and obligations under or arising from this Agreement shall not be assigned by either party hereto without the express written consent of the other party. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal this day of , 2008 ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY OF OWASSO MAYOR BOARD OF COUNTY OMMISSIONERS TULSA COUNTY, OKLAHOMA CHAIRMAN COUNTY CLERK MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: PROPOSED UPDATE TO THE OWASSO SUBDIVISION REGULATIONS DATE: October 8, 2008 BACKGROUND: Last adopted on October 18, 1994, the Owasso Subdivision Regulations provide for the arrangement of parcels of land in Owasso for residential, office, commercial, and industrial uses and for public needs, such as streets, easements, etc. How land is divided for these various uses impacts the health, safety, economy, and quality of life in the city to a large degree. In an effort to ensure that Owasso's quality of life regulations are maintained in a fashion that keeps up with the modern realities of the community, the staff has undertaken an update to the subdivision regulations. This memorandum attempts to explain what changes are proposed in the regulations, as well as the reasons behind those proposed changes. In order to focus on substance, this report highlights the proposed changes that will truly modify the way we do things, and many minor changes to the text that do not constitute changes in policy or procedure are not mentioned here. PROCESS: The staff has met individually with members of the Planning Commission, developers, and various municipal departments to explain the proposed changes to the subdivision regulations and to gain input on those proposals. The staff will present the draft of the code to the Planning Commission at a public hearing on October 13, 2008 and then to the City Council at the October work session. Based on input obtained from these various sources, the staff will prepare a final revision to the draft of the code, and will then bring the regulations back to the City Council for consideration. For ease of use, in the attachment proposed changes to the text of the regulations have been highlighted in yellow, with bold lettering used for text proposed to be added and stliletlifeugh lettering used for text proposed to be deleted. CHAPTER 1 - GENERAL PROVISIONS: The significant change to this chapter is the provision for how the regulations may be changed, or promulgated. With this change, it is proposed that the City Manager have the ability to amend the regulations as it is deemed necessary. Any changes or additions to these subdivision regulations would, after notification to the City Council, Planning Commission, Board of Adjustment, and the public, remain open for consideration for 30 days. During this time, the City Council would have the ability to disapprove the changes in part or in whole. If not disapproved within the 30 days allotted, the new rules and regulations would have the force and effect of law. Such rules regarding promulgation have already been made a part of the City's landscaping regulations, sign code, and outdoor lighting standards. CHAPTER 2 - SUBDIVISION PLAT PROCEDURES: The most significant proposed change to Chapter 2 is that subdivisions with only one lot may skip the preliminary plat stage and begin at the final plat portion of the subdivision process. The City of Owasso has allowed such an abbreviated process since 2002 in an attempt to help facilitate a more reasonable turnaround in process time for developments, and the results have benefited both the community and developers. The proposed change in text would codify this policy. CHAPTER 3 - SUBDIVISION DESIGN STANDARDS: The first significant proposed change to Chapter 3 (Sec. 3.2.14.13) is that the City Planner will now be the person responsible for the coordination of addresses for all new platted lots within Owasso. A second significant change (Sec. 3.2.15) increases the minimum radius of right-of-way intersections from 20 to 25 feet. The vast majority of intersections in Owasso have at least a 25 feet radius already, so that large vehicles such as refuse trucks and ambulances can negotiate the turn without encroaching into the travel lanes of other vehicles. A third change (Sec. 3.2.17) proposes to combine primary arterials and secondary arterials into one classification, with a minimum right-of-way width of 100 feet. In order to allow for turn lanes, an additional 26 feet of right-of-way will be required in each direction from arterial street intersections. A fourth change (Sec. 3.4) proposes that subdivisions in RE Residential and AG Agricultural zoning districts are not required to have sidewalks if the development contains a pedestrian trail within a common area or reserve area connecting the development with adjacent properties. The minimum lot size for an RE district is 24,000 square feet, meaning that this allowance would only be valid for developments where no lot is smaller than .55 acres. A fifth change (Sec. 3.8.4) proposes that minimum building pad elevations shall be shown on each lot included in the final plat. A sixth change (Sec. 3.13 and Sec. 3.14) requires that a homeowners association be created for every residential subdivision. The homeowners association shall be responsible for the maintenance of above-ground lot-to-lot stormwater conveyance and detention facilities. Ownership and control over the subdivision's common areas shall be transferred to the homeowners association by the time that 85% of the lots within the subdivision have received building permits. CHAPTER 4 - SUBDIVISION CONSTRUCTION PROCEDURES: The first proposed change to Chapter 4 (Section 4.2.8) allows borrow ditches instead of curbs and gutters for subdivisions in RE Residential and AG Agricultural zoning districts. Such ditches would provide for stormwater drainage conveyance in the place of curbs and gutters that are required in developments of higher density. A second proposed change requires that all lots platted within the Owasso city limits shall be provided with a connection to sanitary sewer. CHAPTER 5 - FEES: The first proposed change to Chapter 5 (Section 5.1.3) sets the Parks Development Fee, approved by the City Council in 2007, at $300. The second proposed change to Chapter 5 (Section 5.2) sets the Emergency Siren Fee, approved by the City Council in 2008, at $35 per each subdivided acre. The third proposed change to Chapter 5 (Section 5.3) includes language about the requirement to reimburse the City of Owasso the cost of extending sanitary sewer lines within basins for which sanitary sewer payback agreements have been approved. Such payback fees are required upon approval of the final plat for the subdivision. CHAPTER 6 - CHANGE OF LIMITS OF ACCESS: The only proposed change in Chapter 6 requires that the Technical Advisory Committee review all requests for changes of limits of access. Upon such review, the Community Development Department may either approve, approve with conditions, or disapprove the request. CHAPTER 7 - LOT SPLITS: There are no significant changes proposed for Chapter 7. CHAPTER 8 - BUILDING PERMITS: The only proposed change to Chapter 8 (Section 8.1.1)) allows for up to 10% of the lots in a residential subdivision to be made eligible for building permits upon acceptance of water and sanitary sewer utilities for that subdivision. The City of Owasso has enforced this allowance since 1996; the proposed change would codify the policy in the Subdivision Regulations. CHAPTER 9 - DEFINITIONS AND USAGE: The staff proposes to remove superfluous definition entries from Chapter 9. RECOMMENDATION: The staff intends to recommend approval of the proposed updated subdivision regulations. ATTACHMENT: Proposed Changes of the Owasso Subdivision Regulations Proposed Changes of the Owasso Subdivision Regulations CHAPTER 1. GENERAL PROVISIONS 1.1 TITLE These Regulations shall hereafter be known, cited and referred to as the Subdivision Regulations of the City of Owasso, Oklahoma. 1.2 PURPOSE AND INTENTIONS 1.2.1 Purpose: The arrangement of parcels of land in Owasso for residential, office, commercial and industrial uses and for public needs, such as streets and easements, etc. will to a large degree determine the health, safety, economy and quality of life in the city. Such amenities are a public concern. These Regulations and standards for the subdivision of land are intended to insure the development and maintenance of a safe, healthy, attractive and efficient community and provide for the conservation of its human and physical resources. 1.2.2 Intentions: These Regulations are specifically intended to: A. Establish a subdivision process that is as expeditious and efficient as possible while providing for public health, safety and general welfare. B. Harmoniously relate development of the various tracts of land to the existing community and facilitate the future development of adjoining tracts. C. Provide that the cost of improvements which primarily benefit the tract of land being developed be borne by the owners or developers of the tract. D. Provide the best possible design for the tract. E. Provide a proper arrangement of streets and assure the adequacy of open spaces for traffic and access of emergency vehicles commensurate with the intensification of land use customarily incident to a change of zoning. F. Reconcile any differences of interest. G. Ensure proper legal descriptions, monumenting of land and adequate and accurate platting and records of land subdivision. H. Ensure that public facilities and utilities are available that will have sufficient capacity to serve the proposed subdivision and the general community. 1. Promote development that will preserve the natural beauty and physical characteristics of the land and will intrude upon the environment to the least possible extent. J. Encourage designs which will require minimal maintenance of public improvements by the City. 1.3 AUTHORITY These Regulations and Minimum Standards for land development are adopted under the authority granted by Oklahoma Statutes. 1.4 JURISDICTION These Regulations shall apply to all subdivision of land located within the corporate limits of the City of Owasso, Oklahoma. 1.5 SUBDIVISION PLAT REQUIREMENT AND WAIVER For any land which has been rezoned upon application of a private party, no building permit shall be issued until that portion of the tract on which the permit is sought has been included within a subdivision plan or replat, as the case may be, submitted to and approved by the Planning Commission and City Council and filed of record in the office of the County Clerk where the property is situated. The City Council, upon a showing that the purposes of these regulations have already been achieved by previous platting, or could not be achieved by a plat or replat, may waive the subdivision plat requirement. 1.6 PLAT VACATION AND ALTERATIONS No vacation of a plat or any parts thereof, except by action of the District Court, shall be valid or impart notice until after the required consent of such platted area is presented to the City Council and the approval of the Council is entered thereon. All vacations or alterations of a final approved filed plat shall require the approval of the Planning Commission and City Council and the filing of a corrected plat, approved deed or accepted easement. Alterations of a plat without approval shall constitute a violation of these Regulations. 1.7 VARIANCE OF REGULATIONS Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in these Regulations result in substantial hardship or inequity, the Planning Commission may vary or modify, except as otherwise indicated, such requirements of design, but not of procedure or improvements, so that the subdivider may develop his property in a reasonable manner, but so that at the same time, the public welfare and interests of the City are protected and the purpose and intentions of these regulations are preserved. Such modification may be granted upon written request of the subdivider stating the reason for each modification and may be waived by three-fourths (3/4) vote of the members of the Planning Commission present, subject to the acceptance of the plat and the dedications thereon by the City Council. Variance of the Zoning Code must be granted by the Owasso Board of Adjustment. 2 ,n adoption of this ordinance, the City Manager shall present Rules a ulations relating to the implementation of the intent of the Subdivisi ulations to the City Council for adoption by resolution. Provided, however, tl City Manager shall from time to time promulgate such additional Rules a ulations, or changes to existing Rules and Regulations as considered necessa promulgation of such Rules and Regulations, in whole or in part, shall requ City Manager to notify the City Council, Planning Commission, and Board ustment in writing of the proposed Rules and Regulations and shall require 1 A language of the proposal be attached to such notice. Such notice to the C .ncil shall be published in the consent agenda of a City Council meeting i nowledgement of Council receipt of the change(s). Upon notification to the C ncil and for a period of 30 days, the proposed Rules and Regulations shall 1 n and be subject to City Council action to disapprove either in part or in whc ent action by the City Council to disapprove proposed Rules and Regulatic iin the allotted time frame, such Rules and Regulations shall have the force a 1.9 SEPARABILITY OF PROVISIONS If any section, clause, paragraph, provision or portion of these regulations shall be held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, paragraph, provision or portion of these Regulations. 1.10 PENALTY person or persons, firm, or corporation, who shall violate any of the provisions of e Regulations, or shall fail to comply therewith, or with any of the requirements eof, shall be deemed guilty of an offense and,-upon conviction thereof, shall be d not more than $200.00 and costs and/or 30 days imprisonment. liable f°~ a fi revided by law Each day such violation shall be permitted to exist shall constitute a irate offense. In addition to the other remedies provided herein, the City may institute proper action or proceedings to enforce these Regulations. 1.11 TECHNICAL ADVISORY COMMITTEE ON PLATS - MEMBERSHIP The membership of the Technical Advisory Committee shall consist of one representative of each of the following agencies and companies and such other public officials as the City Manager may designate: A. the City Manager, B. the City Engineer, C. the City Attorney, D. the City Planner, 3 E. the Building Inspector, G. the Fire Chief, H. the City Project Manager, 1. the Seheel Distr-iet , J. the County Engineer of the involved county, L. an Owasso Public Works Authority representative, M. a natural gas company representative, N. an electric company representative, 0. a cable television company representative P. a telephone company representative, and Q. a Planning Commission representative 1.12 TECHNICAL ADVISORY COMMITTEE ON PLATS - DUTIES It shall be the responsibility of the Technical Advisory Committee (TAC) to meet together on the call of the City Planner, who shall serve as chairperson, to review and study all preliminary plats, final plats and lot splits and to submit its findings and recommendations to the Planning Commission. CHAPTER 2. SUBDIVISION PLAT PROCEDURES 2.1 PROCESS 2. 1.1 Requirement: Whenever any subdivision of land is proposed, before any permit for the erection of a structure in such proposed subdivision shall be granted, the owner of the 4 land or his agent shall apply for and secure both Planning Commission and City Council approval of a final plat for such proposed subdivision. 2.1.2 Procedure: The proposed subdivision shall be processed as follows: A. Pre-plat conference, begin with step F of this C. Technical Advisory Committee (TAC) review of the Preliminary Plat, D. Planning Commission review of the Preliminary Plat, E. Revision of the Preliminary Plat, if required, F. Application for the Final Plat, G. Submission of Construction Plans for approval to Public Works and DEQ, H. TAC review of the Final Plat, 1. Planning Commission review of the Final Plat, J. Obtain Public Works and DEQ approval of the Construction Plans, K. City Council review and approval of the Final Plat, L. Certification of the Final Plat, M. Record the certified Final Plat with the appropriate County officials, and return file- stamped original plats to the City Planner, 0. Pre-Construction Conference, P. Construction of subdivision improvements in accordance with the approved Construction Plans, Q. Council acceptance of subdivision improvements. 2.2 PRE-PLAT CONFERENCE A pre-plat conference shall be held between the Subdivider and the City Planner to discuss Zoning Code requirements, subdivision design requirements, platting procedures and improvements construction. 2.3 PRELIMINARY PLAT 2.3.1 Purpose: The purpose of the Preliminary Plat is to provide an interim step in the procedure when the Subdivider shall submit a proposed preliminary plat containing the information required in paragraph 2.3.2 hereof. It is at this point that the items discussed at the Pre-plat conference are shown and the development is examined to see if it conforms to the Subdivision Regulations. 2.3.2 Preliminary Plat Contents: The Preliminary Plat shall be drawn at a scale of one hundred (100) feet to one inch or larger. All printing shall be clear and legible. All sheets shall be of a consistent size of twenty-four (24) inches by thirty six (36) inches or smaller. Each sheet shall be sealed by a registered professional engineer. The Preliminary Plat shall contain or be accompanied by the following information: 5 A. The Proposed name of the subdivision shall not duplicate or too closely resemble names of existing subdivisions in Tulsa or Rogers Counties. B. The names and addresses of the owner(s) of record, the subdivider(s), and the registered engineer or land surveyor preparing the plat. C. An accurate legal description of the property and a complete boundary survey showing the dimensions, distances to the nearest one-hundredth foot, bearings to the nearest second and acreage to the nearest one-hundredth acre. D. The scale, north point and date. E. The key or location map, at a legible scale, showing the locations of subdivisions within the mile section. F. The location of property lines of adjoining unplatted land and the names of adjoining subdivisions and the location of city limits boundaries if adjoining the subdivision. G. The topography with contour intervals of not more than two (2) feet based on United States and Geodetic Survey data. H. The location and description of all existing structures. 1. The locations of all ponds, lakes and streams and the areas subject to flooding based upon the regulatory flood. J. The location, width and name of each existing or proposed street or other public way, railroad, and utility easement, bridge, park and other public open space within or adjacent to the proposed subdivision. K. The locations and widths of easements of all oil, gas and petroleum product pipelines within or adjacent to the proposed subdivision. L. The location of every existing or abandoned oil or gas well or dry hole drilled in search of oil or gas as shown by the records of the Oklahoma Corporation Commission and by such records as may be on file with the Planning Commission. M. The location of facilities and land to be considered for dedication to public use, or to be reserved for use of all property owners in the subdivision and any conditions of such dedications or reservations. N. All proposed lots consecutively numbered, their dimensions, and all building setback lines. 0. All blocks consecutively numbered. P. Any other information as may be deemed by the Planning Commission as reasonably necessary for the full and proper consideration of the proposed subdivision. Q. Draft of Restrictive Covenants. R. List of abutting property owners. !liminary Plat to the City Planner no later than g ilrty one (31) ealen of a~,.~ meeting the first business day of the month of the TAC -eting at which the plat will be reviewed. The Preliminary Plat shall be accompanied an application, the forms for which shall be supplied by the City Planner, and a fee as ablished by wee resolution. 6 2.3.4 Review of Preliminary Plats: A. The City Planner upon receipt of the preliminary plat and fees shall: 1. Distribute copies of the Preliminary Plat to the Technical Advisory Committee, 2. Set the plat on the TAC and Planning Commission agendas, 3. Review the plat for conformance with the Zoning code and these Regulations, 4. Prepare recommendations for submission to the TAC and Planning Commission. 5. Notify abutting property owners by First Class Mail. B. The Technical Advisory Committee shall review the Preliminary Plat and make recommendations to the Planning Commission. with modifications, or continue to a date certain of disapprove the preliminary plat. Appr-eval of: disappr-eval of the pr-elifninar-y plat Such Planning Commission action will be conveyed to the subdivider in writing within five (5) days after the meeting at which such plat was considered. If the pr-elimifiafy plat is , The subdivider shall be notified of the reasons for such action and what requirements will be necessary for the final plat to meet the approval of the Commission. The appr-aval acceptance of the preliminary plat does not constitute an acceptance of the subdivision, but is deemed to be an authorization to proceed with the preparation of the final plat. a period of one (1) year from the date of approval by the Planning Commission, at the of which time approval of the final plat must have been obtained from the City zncil. Unless the City Planner grants an extension in writing, any Preliminary Plat receiving final plat approval within one (1) year shall be null and void. Every plat 11 conform to existing Subdivision Regulations applicable at the time of approval of 2.4 FINAL PLAT 1.1 Application: The Subdivider shall submit twenty-nine (29) copies of the Final Plat d Restrictive Covenants to the City Planner no later than the first businesthii4y one (3 1) ealeade& days s day of the month of the %,C meeting at which the plat will be reviewed. The Final Plat shall be accompanied by application, the forms for which shall be supplied by the City Planner, and a fee as ablished by ordinance. Requests for Exceptions to these Regulations or requirements the Preliminary Plat shall be submitted in accordance with these Regulations. 2.4.2 Contents: The Final Plat shall show: A. The name of the subdivision, city, county and state. The subdivision name shall not duplicate or too closely approximate the name of any existing subdivision in Tulsa or Rogers Counties. 7 B. The name and address of the owner(s) of record, the subdivider(s) and the registered engineer or land surveyor preparing the plat. Official seals of the engineer or surveyor are required. C. The accurate legal description of the subdivision referenced to section, range and township, based on an accurate traverse, giving angular and linear dimensions which must mathematically close, the allowable error of closure on any portion of a final plat shall be one (1) foot in five thousand (5,000). D. The location of monuments shown in reference to existing United States Coastal and Geodetic Survey data or the nearest established street lines, including true angles and distances to such reference points or monuments. E. The date of preparation of the plat, north arrow and scale (written and graphic presentation). F. The key or location map showing location and name of subdivisions within the mile section. G. The total acreage and total number of lots of the subdivision shown near the key or location map. H. The names of all adjacent subdivisions and the names, locations and widths of all existing streets, easements, drainageways, and other public ways adjacent to the property. 1. Location of lots, streets, public highways, alleys, parks, building lines, limits of no access and other features, with accurate dimensions in feet and decimals of feet and distances, angles and/or bearings. Where these lines follow a curve, the central angle, the radius, point of curvature, length of curve and length of intermediate tangents shall be shown. J. The blocks numbered consecutively throughout the entire subdivision and the lots numbered consecutively throughout each block, with areas to be excluded from platting marked "reserved" or "not for public use." K. Locations and accurate dimensions of all property to be offered for dedication for public use, and all property reserved for the common use of the property owners within the subdivision, with purpose indicated. This includes, but is not limited to, dedication of streets and alleys, parks, drainageways, or other areas dedicated or reserved for public use. L. The names of all streets to be dedicated. M. The dimensions of all lots and lot lines, and the bearings of those lot lines not parallel or perpendicular to the street right-of-way line. N. Location and dimensions of all easements to be dedicated. All easements shall be denoted by fine dashed lines, clearly identified, and if already on record, the recorded reference of such easements. The width of an easement with sufficient ties to locate it definitely with respect to the subdivision must be shown. 0. Easements located outside the boundaries of the plat, required for plat approval. Proof of executed easements shall be provided to the city upon request of a permit to construct. P. The deeds of dedication for all rights-of-way, easements and other properties and any deed restrictions applicable to the subdivision shall be shown. 8 Ir' I Q. The location of every oil or gas well, or abandoned oil or gas well, or dry hole drilled in search of oil or gas, as certified by the records of the Oklahoma Corporation Commission submitted to the Planning Commission. R. All lots located in a one hundred (100) year flood plain area of special flood hazard shall have the building pad elevation provided on each lot on a copy of the final plat prior to recording the final plat. That pad elevation shall be a minimum of one (1) foot above the said one hundred (100) year flood elevation as identified by Federal Emergency Management Agency (FEMA) or other authority. S. A copy of any private restrictions affecting the subdivision or any part thereof attached to each plat. T. Reference to any separate instruments which directly affect land being subdivided, including restrictive covenants, filed in the office of the county recorder of deeds. U. Any other information as may be deemed by the Planning Commission as reasonably necessary for the full and proper consideration of the proposed subdivision. 2.4.3 Technical Advisory Committee Action: The Technical Advisory Committee shall review the Final Plat to ensure that all requirements have been satisfied. r-equested language. If any ired items are not shown on the Final Plat, the TAC ~ eel shall identify the requirements on a of the Final Plat, which shall be retained by the City Planner. The signature of 6% 2.4.4 Planning Commission Action: The Planning Commission shall act upon the Final Plat after it has been submitted for final approval unless the stipulation for additional time is agreed to by the developer. If the final plat is disapproved, grounds for the refusal shall be stated in writing, a copy of which shall be transmitted to the applicant. 2.4.5 City Council Action: The City Council shall act upon the Final Plat subdivision of public land and for the acceptance of public ways, service and utility easements and land dedicated to public use. Approval of the final plat shall in no way be construed as acceptance of the public works improvements. The disapproval of any plat or plan by the City Council shall be deemed a refusal of the proposed dedication shown thereon. 2.4.6 Drafting: The Final Plat prepared for recording purposes shall be drawn at a scale of at least one (1) inch equals one hundred (100) feet or larger scale. The size of sheets on which such Final Plats are submitted shall be a consistent size of twenty-four (24) inches by thirty-six (36) inches or smaller. The drawing surface of any such plat shall have a binding margin of two (2) inches at the left side of the plat and a margin not less than one (1) inch at the right side. Where the proposed plat is of unusual size, the Final Plat may be submitted on two or more sheets of the same dimensions. If more than two sheets are required, an index sheet of the same dimensions shall be filed showing the entire development. 2.4.7 Certifications: The following certifications shall be required on the Final Plat filed of record in the office of the County Clerk: 9 A. Certification signed and acknowledged by all parties having any title interest in the land subdivided, consenting to the preparation and recording of the plat as submitted. All copies of the plat shall carry the original signatures of the owner or owners and notary public. B. Certification by the registered land surveyor or registered engineer as to the accuracy of the survey and of the plat, and that the monuments and bench marks are accurate as to location shown. C. Certification by the Mayor and City Clerk, or Deputy City Clerk, of the approval of the plat by the City Council. 2.4.8 Prints to be Furnished after Final Approval of the Plat: A. A minimum of eleven (11) copies of the approved final plat shall be furnished for endorsement by the appropriate city officials. Each copy shall bear the original signatures of the owner or owners and be duly acknowledged. Twe of these eleven (11) eepies shall After the approved Final Plat is filed of record in the office of the County Clerk, the )divider shall return to the City Planner eight (8) certified plats, one (1) fflylaf: , all with the appropriate stamps, natures and plat number from the County Clerk's office. Unless instructed otherwise the City Planner, the Developer is required to also eeeeumgede submit an C. After the final plat has been executed by all required officials, the City Planner shall distribute copies to appropriate officials, agencies or departments and utility companies and retain file copies in the offices of the City Clerk and City Planner. 2.4.9 Approval and Recording of Plats Required: No plat or other land subdivision instrument shall be filed in the office of the County Clerk until it shall have been approved by the City Council as required. A Final Plat shall be filed within six (6) months of the approval of the City Council. Failure to record the plat within six (6) months of the date of the City Council approval shall void all approvals thereto, unless a written extension is granted by the City Planner. 2.5 FEES ~pection fees and other pertinent fees shall be paid in accordance with the fee schedule established by resolution ordinanee by the City Council. 2.6 PLANNED UNIT DEVELOPMENT The platting of Planned Unit Developments shall proceed in accordance with Chapters one and two of these Regulations upon approval of a PUD by the City Council in accordance with the applicable sections of the Zoning Ordinance. 10 3.1 GENERAL Subdivision design shall reflect the provisions of the Zoning Code, the-9wasse Major Stf:eet and Highway Plan, Owasso Engineering Design Criteria, other city ordinances and these regulations to the end that each subdivision will relate harmoniously with adjacent areas and the community in an orderly, safe, efficient and attractive manner. 3.2 STREETS 3.2.1 Access: A. Each lot of a subdivision shall be provided with access to a public street or approved private street or highway to assure convenience of the lot owner as well as to provide for the layout of utilities, waste removal, deliveries and emergency services. B. Lots shall not generally derive access from major streets. Provisions restricting ingress and egress to streets may be required by the Planning Commission and City Council to assure traffic safety and to relieve congestion at intersections. C. Double frontage lots and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from traffic arterials or to overcome specific disadvantages of topography or orientation. 3.2.3 Abutting Arterial Streets: Where a subdivision abuts or contains an existing or proposed arterial street, the Planning Commission may require service streets, reverse frontage with screen planting contained in a non-access reservation along the rear property line, deep lots or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. 3.2.4 Abutting Railroad or Highway Right-of-Way: Where a subdivision abuts or contains a railroad right-of-way or limited access highway right-of-way, the Planning Commission and City Council may require a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the intervening land. Such distances shall also be determined with regard for the requirements of approach grades and grade separation. 3.2.5 Through Traffic: Minor streets shall be arranged so that their use by through traffic will be discouraged. Industrial and commercial streets shall not inject non-residential traffic into residential areas. The arrangement of streets within a 11 subdivision shall, except for cul-de-sacs, connect with streets already dedicated in adjoining subdivisions or provide for future connections to adjoining unplatted tracts. 3.2.6 Adjacent Properties: Where adjoining properties are not subdivided, the arrangement of streets shall be projected to the boundary of the proposed subdivision with provisions made for a temporary right-of-way for a turn around of a size acceptable to the City Engineer. Barricades shall be installed at dead-end streets. Alignments, grades, drainage, and other appropriate design criteria of all streets within and bordering new subdivisions shall be governed by these regulations, where applicable, and by the Design Criteria of the City. 3.2.7 Reserve Strips: Reserve strips controlling access to streets shall be prohibited except where approved by the Planning Commission and City Council. 3.2.8 Future Development: Where a tract to be subdivided includes only a portion of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided remainder of the property shall be prepared and submitted by the subdivider. 3.2.9 Private Streets: Private streets shall not be approved, except when required by state law, or in connection with a Planned Unit Development having appropriate controls. 3.2.10 Street Offsets: Street offsets with center-line offsets of less than one hundred fifty (150) feet shall not be allowed. adjacent to the outer edge of a subdivision, one-half (1/2) of the right-of-way shown on the Owasse Major- Stfeet and Highway Plan necessary to widen the arterial to five lanes shall be dedicated, if it is determined by the Planning Commission and City Council that such dedication is equitable and feasible for the other half of the right-of-way from the adjacent property. Half-street dedications on minor streets are prohibited. 3.2.12 Cul-de-sac Streets: All dead-end streets having a length of more than one hundred fifty (150) feet shall terminate in a cul-de-sac which has a circular turn-around having a minimum right-of-way radius of fifty (50) feet and a pavement radius of forty (40) feet. No such cul-de-sac street shall be more than six hundred (600) two thousand five hundred (2,500) feet in length measured from the entrance to the center of the turn-around. 3.2.13 Collector Streets: Collectors streets shall be so located as to provide for smooth traffic flow from local streets to arterials. Collector streets should normally be continuous for distances of not more than one half (1/2) mile, and offsets which are likely to induce continuing of traffic flow beyond that distance shall be avoided. 12 3.2.14 Street Names and Numbers: A. No street names shall be used which will duplicate or be confused with the names of existing streets. All north and south thoroughfares shall be designated "Avenues", all east and west thoroughfares shall be designated "Streets", and numbering of streets shall be according to the Tulsa County system. Where a street is an extension of an existing street, the existing name shall be used. Where a new street is not an extension of an existing street, new names or numbers may be used subject to the approval of the Planning Commission and City Council. B. Lot address numbers shall be established and shown on an address plat the subdivider. The Building Offleial City Planner shall review the adds plat and inform the subdivider of any corrections of the address ranges. subdivider shall make the corrections, if any, and shall submit with final 1 three (3) copies of the final address plat. The City Planner shall responsible for the coordination of addressing lots and changing i addresses of lots. 3.2.15 Intersections: Streets shall be designed to intersect at right angles or as near to right-angles as possible. Within subdivisions, three-way intersections are preferable to four-way intersections. Right-of-way corners at minor street intersections shall have a minimum radius of twenty (2, 0) twenty-five (25) feet. Right-of-way corners involving a major street or highway shall have a minimum radius of forty (40) feet. 3.2.16 Street Layout: A. appearance. All streets shall be arranged so as to obtain as many as poss of the building sites at, or above, the grades of the streets. Unless by rez of topographical uniqueness or hardship, a variance is approved by Owasso Board of Adjustment, all building sites shall be situated above grades of the streets. Grades of streets shall conform as closely as poss to the original topography. A combination of steep grades and curves s be avoided. Specific standards are contained in the design standaMs of regulation Owasso Engineering Design Criteria. B. of thoroughfares and dedicated right-of-way as already established. Major- Stfeet and Highway Plan. C. Minor or local streets shall be laid out to conform as much as possible to the topography, to discourage use by through traffic, to permit efficient drainage and utility systems and to require the minimum number of streets necessary to provide convenient and safe access to property. 13 D. The rigid rectangular grid street pattern should be avoided and the use of curvilinear streets, cul-de-sacs, or U-shaped streets shall be encouraged where such use will result in a more desirable layout. E. Unless maintained by a homeowners organization, islands in streets shall be avoided. 3.2.17 Right-of-Way Widths: Minimum right-of-way of all proposed streets shall be of the width specified in the Owasso Major Street and Highway Plan, or if no width is specified therein, the minimum width shall be as follows: Type of Street Minimum Right-of-way Width Highway As required by the standards of the Oklahoma Department of Transportation Commercial or Industrial Collector 80 feet Residential Collector 60 feet Residential 50 feet Frontage or Service 40 feet Commercial Alley 30 feet Residential Alley 20 feet Cul-de-sac Radius 50 feet * Arterial Streets shall show an additional twenty-six (26) feet of right-of- way width for one hundred (100) feet in each direction from Arterial Street intersections to allow for right turn lanes. Collector Streets shall show an additional thirteen (13) feet of right-of- way width for one hundred (100) feet in each direction from Arterial Street intersections to allow for a center turn lane. 3.2.18 Paving Width: The minimum paving width for all streets shall conform to the Owasso Design Criteria. 14 3.2.19 Grades: The grades of streets shall conform to the requirements of the Owasso Design Criteria. 3.2.20 Street Alignments: The horizontal and vertical alignments of streets shall conform to the requirements of the Owasso Design Criteria. 3.3 ALLEYS 3.3.1 Commercial and Industrial Districts: Alleys may be required by the Planning Commission and City Council in commercial and industrial zoned districts to provide service access, off-street loading and unloading, parking and access for police and fire fighting services. Such alleys shall be not less than thirty (30) feet in width of right-of-way. 3.3.2 Residential: Alleys are eneetifage not required for residential zoned properties, and but when provided shall not be less than twenty (20) feet in width of right-of-way. 3.3.3 Alignment: Horizontal changes in alignment shall be gradual and at intersection corners shall have a radius of twenty (20) feet to permit safe vehicular turning movements. 3.3.4 Dead-end Alleys: Dead end alleys shall be avoided where possible, but where unavoidable, shall be provided with an adequate vehicle turnaround at the terminus as determined by the City Engineer. 3.3.5 Obstructions: No obstructions shall be permitted in areas reserved for alleys. 3.4 SIDEWALKS Sidewalks shall be installed along both sides of all streets in all zoning categori industrial. The design and location shall be in accordance with the Owasso Desil i. Were possil~lc Subdivisions should shall include sidewalks located in such that pedestrian access is provided to adjacent land. eyes sue as par-lis, ial eenter-s and the . Subdivisions in RE Residential and AG Agricultur districts are not required to have sidewalks if the development contains Tian trail in a common area or reserve area connectin¢ the di-vAnnmPnt wi 3.5 EASEMENTS 3.5.1 General: In the dedication of easements and rights-of-way, the developer shall stipulate that no building, structure, or other above or below ground obstruction shall be placed, constructed, installed or permitted on such easement or rights-of-way shown in such a manner that will interfere with the installation, operation, maintenance, repairing, removing, or replacing of utilities. 15 3.5.2 Width: Easements shall be of a minimum width of twenty-two (22) feet, eleven (11) feet on each rear lot line and along each side lot line, and seventeen and one-half (17.5) feet on the subdivision perimeter, or of a width as specified by the Technical Advisory Committee and City Engineer for poles, wires, conduits, drainage, sanitary sewer, gas, water, power, cable television and other utility lines. 3.5.3 Continuity: Utility easements shall connect with easements established in adjoining properties. These easements, when approved, shall not thereafter be changed without the approval of the City Council, by ordinance, after review and recommendation by the City Engineer. 3.5.4 Drainage Easements: Drainage easements for storm sewers are required. Open channels shall not be the primary drainage mechanism. These easements may be along the side lot lines, but usually the design should be such that the drainage will be carried in the street right of way. Additional right-of-way width may be required. All drainage easements shall be of a size to allow equipment access for construction and maintenance of the facility. 3.6 PUBLIC AREAS AND OPEN SPACES Public parks, playgrounds, school sites and other public areas and open spaces shall be provided in accordance with the requirements and standards set forth in the comprehensive plan and in the ordinances relating thereto. 3.6 LOTS 3.6.1 Access: Every lot shall abut a street dedicated to the public or a private street of an approved Planned Unit Development or other approved access (See Section 4.2.1 A.). 3.6.2 Double Frontage: Subdivisions should be designed so that lots do not front on two parallel streets except where a row of lots is designed to separate residential development from through traffic or overcome specific disadvantages of terrain and orientation (See Section 4.2.1 Q. 3.6.3 Zoning Code Requirements: Lot dimensions, yard sizes, building setback line dimensions, and lot areas shall conform to the minimum requirements of the Zoning Code. 3.6.4 Corner Lots: Lots at the intersections of streets should exceed minimum Zoning Code area requirements to provide adequate building areas and required building setbacks from intersecting streets. 3.6.5 Lot Depth: Excessive lot depth in relation to lot width is prohibited. The maximum lot depth shall not be greater than the quotient of the lot width divided by 0.45 (45%). In other words, the maximum lot depth = lot width / 0.45. 16 3.6.6 Lot Lines: Side lot lines should be approximately at right angles to straight street lines or radial to curved street lines. 3.6.7 Parking and Loading: Commercial and Industrial lots should be of an appropriate size and shape to provide for adequate off-street parking and loading facilities. 3.7 BLOCKS The length, width and shape of blocks shall be suited for the planned use of land, consistent with Zoning Code requirements and the need for convenient access, control and safety of street traffic and the limitations of terrain. 3.7.1 Length: Blocks for residential use shall normally not exceed one thousand three hundred twenty (1320) feet in length. When such a block exceeds eight hundred (800) feet, the City of Owasso may require a dedicated easement not less than fifteen (15) feet in width and a paved crosswalk according to ANSI standards to provide pedestrian access across the block. 3.7.2 Width: Blocks for residential use shall have sufficient width to provide for two (2) tiers of lots of appropriate depth, except on the boundaries of a proposed subdivision or where it is important to separate residential development from other types of development or through traffic. Blocks intended for commercial, office or industrial uses should be of a width suitable for the intended use, with due allowance for off- street parking and loading facilities. Blocks for such uses should normally not exceed six hundred (600) feet in length. 3.8.1 Zoning Code requirements: Building lines shall be provided for all subdivision plats in accordance with the requirements of the Zoning Code district in which the subdivision is located unless varied by the Board of Adjustment or superseded as specified by the Planned United Development text. 3.8.2 Zero Lot Lines: In areas of the subdivision where zero lot lines are permitted, appropriate provisions in plats and restrictive covenants may be permitted. 3.8.3 Restrictions on Plat: Restrictions requiring buildings to be located within the building lines shown on the plat shall be set forth on the plat or on a separate recorded instrument. 3.8.4 Pad Elevations: Minimum building pad elevations shall be shown on each lot included in the final plat. 17 3.9 FLOOD PLAIN AREAS 3.9.1 Prohibitions and Exceptions: Areas identified by the official flood plain maps of the City of Owasso which are subject to flooding hazards and periodic inundations, shall not be subdivided into lots, tracts or parcels for any use which would be incompatible with such flooding hazards unless: A. Improvements meeting the standards and requirements of the City Engineer are designed to render such land safe for residential or other uses, or B. The intended use of the land is permitted by city ordinances or permitted by Variance or Special Exception as outlined by city ordinance. 3.10 OIL AND GAS WELLS 3.10.1 Setback from Producing Wells: Where there is found to be a producing oil or gas well which is within the boundaries of a proposed subdivision, there shall be a building setback line so placed on the plat to prevent the erection construction of a building within one hundred fifty (150) feet of such well. 3.10.2 Setback from or Plugging of Abandoned Wells: Where there is found to be an abandoned oil or gas well which is not adequately plugged according to the standards established by the state law and the Oklahoma Corporation Commission, which well is within the boundaries of a proposed subdivision, said well shall be adequately plugged according to said standards and so certified by the Oklahoma Corporation Commission before the plat of such addition is given final approval. In lieu of plugging such wells, a building setback line shall be so placed on the plat to prevent the construction of a building within one hundred fifty (150) feet of such well. In any event, a certificate or clearance shall be obtained from the Oklahoma Corporation Commission as to the existence of any wells reflected in their records. 3.10.3 Access: Access shall be provided and so indicated on the face of the plat for all unplugged wells for the purpose of maintenance and rework. 3.11 HILLSIDE DEVELOPMENT The development of hillside areas or any area with a slope of greater than eight percent (8%) shall be designed to minimize grading and filling and retain natural ground cover. Areas with slope in excess of twenty percent (20%) shall be utilized as open space or developed in accordance with a Planned Unit Development as defined by the Zoning Code. 3.12 PLANNED UNIT DEVELOPMENT When a subdivision is developed as a Planned Unit Development in accordance with applicable provisions of the Zoning Code, the Planning Commission and City Council may vary the requirements of these regulations in order to allow the subdivider more freedom in 18 the arrangement of the subdivision but at the same time protect the convenience, health, safety, and welfare of the probable future residents of the subdivision as well as the character of the surrounding property and the general welfare of the entire community. 3. Every subdivision shall be provided with a storm water drainage system adequate serve the area being platted. Such storm water drainage system shall be designed so I property located downstream from and upstream from the subdivision shall not injuriously affected by the construction, operation, or maintenance of such system. St( water detention and drainage systems shall be designed according to the Owasso Des Criteria. The covenants of each subdivision shall require that the subdivisio homeowners association be responsible for the maintenance of the stormwa For every residential subdivision platted and developed in Owasso after the passage of these regulations, a homeowners association shall be created. Enforcement of the subdivision's covenants, and ownership and control over the subdivision's common areas shall be transferred to the homeowners association by the time that 85% of the lots within the subdivision have received building permits. CHAPTER 4. SUBDIVISION CONSTRUCTION PROCEDURES 4.1 IMPROVEMENTS SHALL MEET ESTABLISHED STANDARDS All improvements shall be designed and installed in accordance with the Owasso Design Criteria established by the City Engineer and approved by the City Council. The City Engineer may establish special standards in excess of the Owasso Design Criteria which are generally applicable to safely accommodate unusual circumstances or the heavy commercial and industrial use of streets, utilities, water, sewer and other public improvements. IMPROVEMENTS REQUIRED 4.2.1 Street Improvements: The subdivider shall design, grade, oversee, test and otherwise improve all streets which are designated on the approved plat or which directly serve the subdivision in accordance with the Owasso Design Criteria as directed by the City Engineer. 4.2.2 Street Traffic Control Devices, Signs and Names: The subdivider shall provide at his expense, and install, all traffic control devices and signs required by the City prior to acceptance of the street by the City Council. Street name signs are to be furnished and installed by the subdivider at all intersections within or abutting the subdivision, the type of which shall be in accordance with the specifications of the Owasso Design Criteria 19 and locations approved by the Director of Public Works. Street names shall be approved by the Planning Commission and City Council. 4.2.3 Fire Hydrant Reflector Turtles: The subdivider shall provide at his expense, and install, blue reflective turtles identifying all fire hydrants. Said reflectors shall be located in the center of all residential streets wherever a fire hydrant is located. 4.2.4 Street Lights: The subdivider shall provide adequate street lighting in the subdivision to the specifications of the Owasso Design Criteria. 4.2.5 Monuments and Markers: The location of all permanent markers shall be shown on the face of the Final Plat. Permanent reference markers shall be placed according to the specifications of the Owasso Design Criteria. 4.2.6 Public Water Supply: Where an approved public water supply is reasonably accessible, the subdivider shall install water lines and fire hydrants to connect with such water supply and make it available for each lot within the subdivided area. The Final Plat shall not receive City Council approval until it is certified by the Health Department that there has been compliance with the regulations of the Oklahoma State Department of Health and where indicated, meets other jurisdictional governing bodies' requirements. 4.2.7 Stormwater Drainage and Detention Facilities: The subdivider shall provide a stormwater drainage system that is designed and constructed in accordance with the Owasso Design Criteria. A. Definition: Roadside ditches are engineered channels constructed along the sides of the roadway and located either wholly or partly within the street right-of-way. The purpose of these ditches is to collect storm water runoff from the roadway and adjacent tributary areas and convey the accumulated runoff to acceptable outlet points. B. Permitted Uses: only in subdivisions within RE residential and AG agricultural zoning 20 C. Easements: ditches located within the street right-of-way do not require a drainage Roadside ditches located otherwise shall have a dedicated drainage extending from the street right-of-way to two feet outside of the top of t Design of roadside ditches should be based on a clear understanding of the generally recognized principles of open channel flow. Unless otherwise noted or excepted, the design of roadside ditches shall conform with the previous requirements of 0509 "Open Channels." The Engineer may require additional analysis or documentation before approving atypical or non-conforming designs. E. Design Goals: Roadside ditches shall: Accommodate the design runoff in a manner which assures the safety of motorists. Provide sufficient conveyance to prevent damage to adjacent properties. Drain subsurface water from the base of the roadway to prevent saturation and loss of support for the pavement. Minimize long-term maintenance requirements by including design features that minimize deterioration from velocity-induced scour, sediment deposition at low luency (100-year) storm within the boundaries of the drainage easement. mnels shall be stable, free from erosion damage and shall allow free drainage of roadway base material during the 10% return frequency (10-year) storm. 21 G. Design Capacity: The hydraulic capacity of the ditch should be such as to insure that the high water elevation at the 10-year (10% return frequency) design flow will be below the bottom of the roadway base course. A pipe H. Flow Velocity: exceeds the The maximum velocity for the 100-year flood peak flow shall not exceed 5.0 feet per second for Type I ditches and 6.0 feet per second for Type II and Type III ditches. Type I and Type II ditches shall be designed with a maximum Froude Number of 0.8. Type III ditches shall be designed with a maximum Froude Number of 0.9. No grass lined or composite ditch or channel having a Froude Number of 1.0 or greater along any portion of its alignment will be approved. Minimum velocity in a channel having a Manning's roughness coefficient less than or equal to 0.015 shall be 2.5 feet per second to avoid excessive sedimentation. 1. Typical Section: The shape of a roadside channel section should minimize vehicular impact and provide a traversable section for errant vehicles leaving the traveled way. The ideal channel section, from a safety standpoint, will have flattened side slopes and a curved, parabolic transition to the channel bottom. Ditch foreslopes for grass-lined ditches shall be designed with grades not to exceed 4 horizontal to 1 vertical. Ditch backslopes should be designed with the same grade; but may be approved up to 3 horizontal to 1 vertical depending on right-of-way or drainage easement constraints. For maintenance purposes, no grass-lined channel steeper than 3:1 will be approved. Channel slopes shall not exceed the angle of repose of the soil and/or lining. Side slopes for channel linings other than grass will be approved based on the physical and hydraulic properties of the material. No roadside channel having a sideslope steeper than 2.5 horizontal to 1 vertical will be approved, regardless of the lining material I Horizontal Alignment/Alignment Changes: a minimum radius 22 1- R = V2*W/8D where: R = Minimum radius on centerline in feet V = Design velocity (10-year) of flow in feet per second W = Width of channel at water surface in feet or three (3) times th whichever is larger. for additional freeboard or protection from velocity induced K. Vertical Alignment/Longitudinal Slope: In many cases, the grade of the side ditch will follow the profile grade of the roadway. These template ditches are generally constrained not only in profile grade, but also in alignment and cross section by the geometric and safety standards applicable to the project. In addition, maximum and minimum allowable velocities For special ditches whose slope differs from that of the profile grade, the Engineer may require a minimum slope of 0.2% to prevent ponding. Drop structures or ditch checks may be required to limit velocity where slopes exceed 2.5%. Steeper longitudinal slopes may be allowed when the ditch is flowing partially full. ides of special ditches shall be indicated adjacent to their profile. Velocities for 10-year and 100-year design events shall be included in the design data. Iraulic and Energy Gradelines shall be included in the design data. Freeboard is not required for roadside ditches that conform to the design capacity and section described in 0509.2 E and shown in the standard drawings. Additional freeboard may be required at the outside of horizontal bends based on velocity and superelevation considerations. 23 The designer shall exercise care that the 100-year (1% return frequency) design flow will be no less than 2.0 feet below the finished floor of any adjacent dwelling or structure. The roughness coefficient, "n", for use in Manning's equation for open channel flow, shall be based on the channel characteristics of each particular design. The table shown in 0509.1 C serves as a reference of possible values. Other values for specific characteristics may be considered if derived from reliable references. Manning's "n" for composite channels must reflect the relative surface area of the different materials. N. Invert: Ditch invert protection shall be used when design velocities exceed 5 feet per Ditch invert protection will be used at the upstream and downstream ends of culverts. 0. Lining: gs for roadside ditches may be classified as either flexible or rigid. The ence between flexible and rigid channel linings is their response to changing iel shape. Flexible linings are able to conform to changes in the channel shay rigid linings will not. Where flexible linings are capable of withstanding des. ties, they are preferred over rigid linings. Flexible linings are constructed of i. Sod or seeded grasses ii. Erosion control blankets iii. Turf reinforcement blankets iv. Machined rip-rap v. Wire-enclosed rock (gabions or mattresses) Rigid linings may consist of either cast-in-place concrete or grouted rip-rap. The use of rigid linings for roadside ditches is discouraged. 24 P. Erosion Control: The designer shall verify that both temporary and permanent vegetative linings are suited to the hydraulic conditions of the channel for which they are specified and are capable of resisting erosion until they are permanently established. Sod should be placed parallel to the direction of flow and should be secured in place with pins or staples. Seeded grasses should incorporate erosion control blankets to insure soil stability until permanent vegetation is established. Ditches subject to highly erosive flows may require the use of permanent turf reinforcement mats. sedimentation of drainageways, drainage structures and flood plain areas that could result in reduced flow capacity, excessive bank erosion, erosion around structures or damage to adjoining property. The permanent erosion control plan shall be sufficient to: • Permanently stabilize all disturbed areas with permanent vegetation, including slopes and embankments. • Prevent erosion from exit velocities at outlets of culverts • Prevent gullying and scouring of roadside ditches and open channels from excessive shear stress through vegetation, linings, retention blankets, drop structures, etc. both during and after the vegetation establishment period. • Protect the integrity of all structural improvements and prevent continuing sedimentation from unstable right-of-way areas into Reference 0604.7 "Vegetative Best Management Practices" for additional information and criteria. Construction Material: Construction materials listed in 0510.2 A are acceptable for driveway 25 Standard Specifications for Highway Construction (1999 or latest edition) Section 726.02 (b) 1 and 2 shall be acceptable. Driveway culverts constructed of High Density Polyethylene (HDPE) Pipe are acceptable only if the driveway is constructed of concrete of no less than 6 inches thickness. Minimum Cover: Driveway culverts shall be provided with the minimum cover recommended by the pipe structural design requirements or 1 foot, whichever is greater. Minimum Slope: A minimum slope shall be provided to maintain a minimum velocity of 2.5 feet per second through the culvert for the design flow. driveway culverts shall be provided with end treatments on the upstream and vnstream ends of the culvert to protect and maintain the integrity of the culvert ning. ODOT Standard Sloped Concrete End Treatments conforming to ODOT ndard Drawing R-80 (AE-DE) are acceptable. Other end sections must be mitted to the Engineer for approval. Design and Construction of Driveway Culverts: Additional information must be included in the drainage report and on the construction drawings for new subdivisions where the use of roadside ditches and driveway culverts is proposed. Driveway culverts shall be sized for each lot in the subdivision based on the tributary area at the downstream lot line. The construction drawings shall include information regarding sizes, materials, locations, lengths, grades and end treatments for all driveway culverts. Typical driveway crossing/culvert details shall be included in the drawings. Maintenance: Maintenance responsibilities for driveway culverts shall be included and explained in the subdivision covenants. 4.2.9 Sanitary Sewer System: Unless an exemption is granted in writing by the City Engineer, all lots platted thin the Owasso city limits shall be provided with a connection to sanitary sewer. ,h !at within shall be pr-evidedwith a eemieetion . All connections shall be )ject to the approval of the City Engineer and be in accordance with the regulations of Oklahoma State Department of Health. Where a public sanitary sewer system is not reasonably accessible but where plans for installation of private sanitary sewers in the vicinity of the subdivision have been spared and approved by the Oklahoma State Department of Health, the subdivider ill install sewers in conformity with such plans. Wher-e immediate eaFmeetian not 26 subdivision plat. 4.3 CONSTRUCTION PLANS The Subdivider shall submit six (6) sets (one marked set of which will be returned to the applicant) each of the Construction Plans for streets, drainage and detention, sanitary sewer and water systems, including off-site systems and erosion control. The Construction Plans shall show basic horizontal configurations, connections to existing utilities, sizes and locations of proposed lines, proposed street widths and horizontal curves, locations of storm sewers and detention facilities. Six (6) sets of prints of the proposed plans and specifications for all improvements required by these regulations shall be prepared by a qualified registered engineer and filed with the City Engineer. 4.4 CITY ENGINEER REVIEW Upon completing his review, the City Engineer shall submit his comments to the Subdivider. All comments suggesting revision shall be accompanied by a reference to appropriate sections of the Subdivision Regulations or Design Criteria. The City Engineer's comments shall be delivered to the Subdivider. The return to the Subdivider of the construction plans by the City Engineer, along with the City Engineer's comments, if any, shall constitute a permit for the construction of public improvements; provided, however, that construction prior to approval of the construction plans by the City Engineer and the Department of Environmental Quality shall be at the Subdivider's sole risk and the City shall not be liable for damage sustained by reason of the Subdivider's construction. 4.5 SUBMISSION AND APPROVAL OF CONSTRUCTION PLANS BY CITY ENGINEER Submission of construction plans to the City Engineer shall constitute an acknowledgment by the Subdivider that any construction undertaken prior to approval of said plans by the Department of Environmental Quality and the City Engineer shall solely be at the Subdivider's risk and that the City shall not be liable for damages sustained by reason of construction having taken place before approval of the plans by the State and the City Engineer. 4.6 SUBMISSION OF CONSTRUCTION PLANS TO DEPARTMENT OF ENVIRONMENTAL QUALITY Prior to City Council approval of the final plat, the developer shall furnish four (4) copies of all water and sewer plans for submittal to the Oklahoma Department of Environmental 27 4.2. 10 Utilities: All utilities shall be installed within easements specified on the Quality for approval, along with the Application for Permit to Construct the facilities, the Engineer's Report and the appropriate application fee for the Health Department review. 4.7 PRECONSTRUCTION CONFERENCE The subdivider shall be required to participate in a pre-construction meeting with the appropriate city staff. 4.8 CONSTRUCTION OF PUBLIC UTILITIES AND FACILITIES Following the approval of the Construction Plans, the subdivider shall complete in a manner satisfactory with the City Engineer all required improvements and said improvements shall be free and clear of all liens, claims, and encumbrances. 4.9 INSPECTIONS AND CERTIFICATIONS The City Engineer shall inspect the construction of the required improvements for defects. Upon completion of the improvements, the City Engineer shall file with the City Council a statement either certifying that the improvements have been completed in accordance with the Owasso Design Criteria or that the improvements are defective, listing the defects. 4.10 AS-BUILT CONSTRUCTION PLANS Upon completion of the improvements, the subdivider and his engineer shall file with the City Engineer one (1) mylar set and four (4) print sets of As-Built Construction Plans certified and signed by a registered engineer for said improvements. The Developer is encouraged to submit Computer-Aided Design (CAD) files of the As-Built Plans. These As-Built plans need to be submitted to the City Engineer within ninety (90) days of acceptance of all improvements by the City Council. The As-Built Construction Plans shall certify: A. That all required improvements are complete, B. That the subdivision improvements are in compliance with these regulations and the Owasso Design Criteria, C. That the subdivider knows of no defects in the improvements, and D. That the subdivision improvements are free and clear of any encumbrance or lien. 4.11 ACCEPTANCE OF IMPROVEMENTS The Owasso City Council shall formally accept, by resolution or ordinance, any or all improvements before such improvements become public property, provided that all statements and agreements specified above have been received and that As-Built construction plans have been submitted. The maintenance bond shall begin with the approval by the City Council and the approval of the As-Built plans shall not be construed to mean that the maintenance bond is void. No building construction shall be permitted on any lot to, or on which, improvements have not been completed in 28 accordance with the provisions of these regulations and no municipal utility service will be furnished to such lot. 4.12 MAINTENANCE BOND Prior to acceptance of those improvements by the City Council, the subdivider shall obtain a maintenance Surety for the maintenance of said improvements as provided herein. The Surety shall be in the form of a maintenance bond from a surety bonding company authorized to do business in the State of Oklahoma or an irrevocable letter of credit from a financial institution regulated by the State banking Department or the united States Treasury Department. The Surety shall be filed with the City Clerk and shall be payable to the City of Owasso. The amount of the Surety shall be equal to one hundred percent (100%) of the entire cost of materials for all water lines, sewer lines, paving, and storm sewer improvements which the City shall accept for maintenance. The duration of the maintenance Surety for streets shall be two (2) years from the date of acceptance of said street improvements by the City Council. The duration of the maintenance Surety for all other improvements shall be one (1) year from the date of acceptance of said improvements by the City Council. CHAPTER 5. FEES 5.1 AREA PARK, RECREATIONAL, AND CULTURAL REQUIREMENTS All residential subdivision plats having a dwelling unit density of greater than one unit per acre shall dedicate, according to the requirements hereinafter specified, a fee to be utilized by the residents of the subdivision and the City of Owasso. 5. 1.1 Recreation Development Fee: In order to provide for area parks, cultural, and recreation needs for newly developing areas of Owasso, a Recreation Development Fee shall be assessed on each lot or multi-family unit created by subdivision, resubdivision or lot split. The Recreation Development Fee shall be assessed before the approval of the final plat by the City Council and shall be considered a condition for plat approval. 5.1.2 Definitions: For the purposes of this section, the following definitions are established: A. Residential Dwelling Unit: Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities that are used or intended to be used for living, sleeping, and cooking by one or more individuals living together. B. Bedroom: Any room within a residential dwelling unit which is designed to be used for sleeping purposes and containing a closet of sufficient size to hold clothing. One living room with entry closet shall not be considered a Bedroom in each residential dwelling unit other than a studio or efficiency apartment. C. Person: Any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture club, society or individual. D. Mobile Home: A vehicle other than a motor vehicle, designed or used for residential purposes, for carrying persons and property on its own structure, and for being drawn by a motor vehicle. 29 E. Mobile Home Lot: Any area or portion of a Mobile Home Park designated, designed or used for the occupancy of one mobile home or a temporary, semi-permanent or permanent basis. F. Mobile Home Park: Any area or tract of land established under the Mobile Home Park District of the Owasso Zoning Ordinance. 5.1.3 Fee Structure nposed: A $300 (or a sum approved by the City of Owasso after the a of these regulations) recreation development fee is hereby imposed on the of constructing any residential dwelling unit or mobile home lot in the City of and every person to whom a permit to construct a residential dwelling unit is hall pay to the City of Owasso such fee. fees collected under this Ordinance shall be placed in the Parks and 30 5.1.4 Park and Recreational Capital Fund B. Use of Funds 1. All Parks Development fees collected under this Ordinance shall be used and expended for the acquisition, purchase, developing, improving and equipping public parks, playgrounds, cultural and recreational facilities located in the corporate limits of the City of Owasso and shall never be used for operating public park facilities, or any other purpose. 2. All Parks Development fees collected under this Ordinance shall also be used for the development of any of the above described facilities constructed or installed within or upon public property owned by the City of Owasso or property in which the City has a leasehold interest or where the City is given a right to use the same for public playground or recreational purposes. All such funds shall be spent in areas reasonably close to where they are collected. C. Purchase of Land: At such time as the Council, based upon the recommendations of the Planning Commission, determines that there are sufficient funds achieved from a certain area in the Park and Recreation Capital Fund for the acquisition, purchase, developing, improving and equipping public parks, playgrounds, cultural and recreational facilities located in the corporate limits of the City of Owasso, the Council shall cause negotiations to be undertaken to purchase the site by mutual agreement or by condemnation proceedings. The principal and interest deposited and kept in the Park Capital Fund shall be used solely for the purposes of purchasing land for area parks, recreation and cultural uses. 5.1.5 Place of Payment: The residential development fee shall be paid at the time of purchase of the building permit in the office of the Building Inspection Department of the City of Owasso. 5.1.6 Refund of Fees: Any fee paid to the City under this Ordinance for any residential dwelling unit which is not constructed shall be refunded upon application of the applicant and a showing to the satisfaction of the Building Inspector that the building or unit has not been constructed or construction commenced and that the building permit issued for the building or unit has been canceled or surrendered or otherwise does not authorize the construction of the building or unit. 5.1.7 Exemptions: The fee imposed under this Article shall not apply to the following: A. Construction or reconstruction of a residential dwelling unit which was damaged or destroyed by fire, flood, or other cause over which the owner had no control (provided that compliance with any building code or other ordinance requirement of the City of Owasso or of any other applicable law shall not be deemed a cause over which the owner has no control), but only if the number of bedrooms in the dwelling unit is increased,then the fee imposed under this ordinance shall apply to such increased number of bedrooms. B. Enlargement, expansion, remodeling and/or alteration of a residential dwelling unit but only if the number of bedrooms therein is not increased. If the number of bedrooms in the dwelling unit is increased, then the fee imposed under this ordinance shall apply to such increased number of bedrooms. 5.1.8 Provision for the Dedication of Lands in Lieu of Fees: The City Council, at its sole option, may accept the dedication or reservation of suitable sites for area parks, playgrounds, cultural facility or other public recreational area providing that the land to 31 be dedicated is located within an area designated by the Comprehensive Plan, as having a significant need for an area park. A. Land accepted for dedication under the requirements of these regulations shall be conveyed by either of the following methods: 1. By dedication within the plat to be filed for record in the office of the County Clerk. 2. By Warranty Deed transferring the property in fee simple to the City of Owasso. In any event, land must be free and clear of any mortgages or liens at the time of such dedication or conveyance. B. The value of real estate dedicated for recreation or cultural purposes shall be determined as the price of the land at the time of purchase by the land owner who is making application for subdivision. Usability of land for development should be considered when establishing the price (for example, development of flood prone land is restricted by ordinance). C. If agreement cannot be reached as to the credit for the real estate, an arbitration procedure shall be invoked. The City and the applicant shall each select the name of one arbitrator and shall immediately thereafter notify each other in writing of the name and address of the person so selected. The two arbitrators so selected and named shall agree upon and select a third arbitrator. The decision of the arbitration panel shall be final. 5.1.9 Private Recreation Facilities Credit: When a master plan of development allocates space for a private recreational facility, with usage not open to the general public, to serve three or more residential dwelling units such as, but not limited to, the following: swimming pool, tennis court, recreational building or center, recreational facility area, developed open space, or combination of any of the above, the Council may waive part or all of the fee established by this Article. The size, quality and design of such facility which will entitle such dwelling units to a credit on the fee otherwise required, and the amount of such credit shall be determined by negotiation between the parties. If agreement cannot be reached, an arbitration procedure, specified in Section 4.11.8.C, shall be invoked. 5.1.10 Residential Planned Unit Development Credit: The City Council, in the case of a Residential Planned Unit Development, may waive part or all of the fee established in this Article. Such waiver may be granted when, in the opinion of the Council, common areas, created and developed in a Residential Planned Unit Development pursuant to Chapter 8 of the zoning Code; Article II, Section 8; and Article V, Section 11 of these regulations provide recreation opportunity for the residents of said areas sufficient to impose no measurable increment in the need for neighborhood park acreage. 5. 1.11 Public Recreational Facilities Credit: When a master plan of development allocates space for a public recreational facility, with said facility constructed either solely at that person's expense or in concert with others, and said facility serves the general public, to serve three or more residential dwelling units, such as, but not limited to, the following: swimming pool, tennis court, recreational building or center, recreational facility area, area park, cultural facility, or combination of any of the above, the City Council may waive part or all of the fee established in this Article if it is in conformance with the recreation portion of the Comprehensive Plan. 32 5.1.12 Maintenance of Private Recreation Facilities: Maintenance of private recreation facilities accepted by the City in lieu of recreation fees will be the responsibility of the owner(s) or homeowners association(s). The City of Owasso will not maintain lands or facilities not dedicated to the public. 5.2 EMERGENCY SIREN FEE In order to provide adequate warning of severe weather for newly developing areas of Owasso, an emergency siren fee shall be assessed on each acre of a newly created subdivision. The emergency siren fee shall be assessed before the approval of the final plat by the City Council and shall be considered a condition for plat approval. 5.2.1 Fees A. Fee Imposed: An emergency siren fee is hereby imposed on the privilege of subdividing any land within the City of Owasso and every person subdividing land within the City of Owasso, shall pay to the City of Owasso such fee at the following rate: B. Fee Schedule: Thirty-five ($35), unless a different amount is required by the City of Owasso after the adoption of these regulations, per each acre subdivided. C. Use of Funds: All fees collected under this Ordinance shall be used and expended for the acquisition and/or purchase of emergency sirens only. 5.2.2 Place of Payment: The emergency siren fee shall be paid prior to recording the subdivision plat. Said fee shall be paid in the Office of the City Planner. 5.2.3 Refund of Fees: Any fee paid to the City under this Ordinance for any subdivision which is not recorded shall be refunded upon application of the applicant. Application for refund must be received by the City Planner within two (2) years of the date of City Council approval. 5.3 SANITARY SEWER PAYBACK FEES In order to provide reimbursement to the City of Owasso for the cost of extending sanitary sewer lines to drainage basins in various parts of the community, sanitary sewer payback fees shall be assessed on a per acre basis to new residential and commercial subdivisions that connect to municipally-funded sanitary sewer mains. These various CHAPTER 6. CHANGE OF LIMITS OF ACCESS 6.1 INTENTIONS When land has been platted under this Regulation, or under other applicable law, and the owner of all land affected proposes to add limits of no access to the plat, or to remove or otherwise alter limits of no access on the plat, such action shall not require replatting, nor shall it require vacation of the old plat. 33 6.2 APPLICATION owner shall request stibmit the change of limits of access in writing app}ieation to City Planner on fefffis, provided by the , pay the application fee and shall mit drawings of the proposal. The Technical Advisory Committee shall review the posed change of access and evaluate whether the proposed changes would rease problems with the public traffic flow, utility easements and the )lementation of various plans adopted by the City, or would create problems h the flow of traffic on private streets owned by persons other than the ilicant. The Community Development Department shall review the proposed Inge of access and either approve, approve with conditions or disapprove. 34 6.2.2 Specifications: The drawing shall include the proposed changes and all existing curb cuts, buildings, drives, parking areas, easements, and other relevant items with their distances from lot lines and adjacent streets. CHAPTER 7. LOT SPLITS 7.1 INTENTIONS AND DEFINITION This chapter is intended to provide for a simplified method of regulation of the subdivision of small numbers of lots while still requiring that such subdivision meets all the requirements of applicable ordinances and regulations. A lot split is a minor subdivision of previously subdivided land. The Planning Commission may approve a lot split that creates not more than three (3) lots fronting on an existing, dedicated street, not involving any new street or road, or the extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Plan, Major- Street and Highway Zonin 7.2 APPLICATION PROCEDURE The subdivider shall submit the lot split application to the City Planner on forms provided by the Planner, pay the application fee in an amount as provided by ordinance, and shall submit drawings of the proposal in accordance with the following requirements: 7.2.1 Copies: Unless instructed otherwise by the City Planner, one AutoCAD 7.2.2 Specifications: The drawings shall include all existing and proposed lot lines, all existing easements, all existing buildings and improvements and their distances from lot lines, adjacent streets and their widths, and a north arrow and scale. At the discretion of the Planning Commission, a detailed survey prepared by a registered land surveyor may be required. 7.2.3 Size: The subdivider is encouraged to limit drawing sizes to 81/2" by 14". If drawings are larger than 81/2" by 14", twenty-three (23) copies are required. 7.3 CITY PLANNER REVIEW 7.3.1 Distribute: The City Planner shall distribute copies of the application form and drawings to the Technical Advisory Committee (TAC) and Planning Commission. 7.3.2 Field Check: The City Planner shall visually inspect the lots proposed to be split. 7.3.3 Review: The City Planner shall review the application for conformance with the Zoning Code, PUD conditions, Board of Adjustment actions, these Subdivision Regulations, and other city ordinances. 7.3.4 Schedule Hearings: The City Planner shall schedule the lot split to be heard before the Technical Advisory Committee (TAC) and the Planning Commission. 7.3.5 Recommendation: The City Planner shall prepare a recommendation to the Planning Commission which shall include comments of the Technical Advisory Committee (TAC) members and City departments having an interest in the proposal. 35 7.4 TECHNICAL ADVISORY COMMITTEE REVIEW The City Planner shall present the application at a regular Technical Advisory Committee meeting where the lot split may be reviewed by the Committee. The recommendation of the Technical Advisory Committee shall be compiled with that of the City Planner's recommendation and the application shall be heard by the Planning Commission. 7.5 PLANNING COMMISSION REVIEW The Planning Commission shall review the proposed lot split and either approve, approve with conditions or disapprove the application. If the lot split is disapproved, the applicant may appeal the decision of the Planning Commission to the City Council. 7.6 APPROVAL GUIDELINES The approval or disapproval of lot splits shall be based upon the following guidelines: 7.6.1 Lots: A. Lot dimensions shall conform to Zoning Code standards. If the proposed tract(s) to be split do(es) not meet minimum Zoning Code standards, variances of the Zoning Code must be approved by the Board of Adjustment. B. Corner lots should have such extra width and area as may be necessary to satisfy appropriate Zoning Code setback requirements from both streets while ensuring that adequate buildable space remains. 7.6.2 Access and Streets: A. Where a property to be split is controlled by non-access provisions, no lot shall be approved where such provision will preclude access for said lot. An amendment of "limits of no access" on a recorded plat must be approved by the Planning Commission and City Council and filed of record if there is a restricted access provision on a street of the recorded plat on which the property has access. A denial of access change constitutes a denial of the requested lot split. B. The splitting of land shall provide each lot with frontage to a public street or highway, so that the access of the lot owner or user is assured, as well as the layout of utilities, garbage and waste removal, fire protection and public health and safety thereby adequately assured. C. Where land to be split contains within its boundaries areas designated for street right- of-way on the Owasso Major Street and Highway Plan, the split shall not be approved where street rights-of-way fail to conform to said plan except upon a finding that existing structures lie in the right-of-way proposed by the Owasso Major Street and Highway Plan. 7.6.3 Sewage Disposal: Where a tract to be split abuts a public sanitary sewer, no split should create a lot which is cut off from said sewer. I=T Engineer is obtained. 7.6.4 Certificate of Approval: Approval shall be shown by certificate on the instrument of transfer as required by state statute. The certification shall be signed by the Planning 36 Commission Chairperson or Vice Chairperson. The subdivider will then file the instrument with the County Clerk, the approval being an official document that will be contained in the abstract of the property being split. CHAPTER 8. BUILDING PERMITS 8.1 INTENTIONS Building permits shall be issuable after completion of the following items: A. Final Plat Recorded. The final plat shall have been approved by the City Council, certified, recorded with the appropriate county clerk, and certified originals returned to the City Planner as provided herein. B. City Engineer Approval. The City Engineer shall have approved the construction plans for water, sanitary sewer, storm sewer and streets. C. Health Department Approval. The Oklahoma Department of Health shall have issued certification numbers for the water and sanitary sewer plans. D. Water and Sanitary Sewer. The water and sanitary sewer utilities shall have been constructed per approval plans, inspected by the City Engineer and accepted for maintenance by the City Council or another political subdivision having jurisdiction over said utilities. Further, the Subdivider shall have delivered a one year maintenance bond to the Public Works Director as required herein. Upon acceptance of water and sanitary sewer utilities, up to 10% of the lots in a residential subdivision may be made E. Streets and Storm Sewer. Construction plans shall have been approved by the City Engineer and either: (1) the street and storm sewer improvements have been accepted for maintenance by the City Council and a two year maintenance bond delivered to the Public Works Director; or (2) the subdivider has delivered to the Public Works Director a two-year performance bond or other surity for these improvements. CHAPTER 9. DEFINITIONS AND USAGE 9.1 USAGE For the purpose of these Regulations, certain terms and words are to be used and interpreted as defined in this Chapter. Where terms are not defined, they shall have their ordinarily accepted meanings or such as the context may imply. 9. 1.1 Tense, Plural and Directives: Words used in the present tense shall include the future tense, words in the singular number shall include the plural and words in the plural number shall include the singular, except where the natural construction of the writing indicates otherwise. The word "should" is directory and not mandatory. The word "shall" is mandatory and directory. 9.1.2 Person, Herein and Regulations: A "person" includes an individual, corporation, partnership and an incorporated association of persons such as a club. The word "herein" 37 means in these regulations. The word "regulations" means these Subdivision Regulations for the City of Owasso, Oklahoma. 9.2 WORDS AND TERMS DEFINED ALLEY: A minor public or private right-of-way which gives a secondary means of access to the rear or side of a property that has primary access to some other street. Alleys may be used for public or private utilities, and public service, emergency or private vehicles. ARTERIAL STREET: See STREET, ARTERIAL in this section. AS-BUILT CONSTRUCTION PLANS: Those subdivision construction plans of completed paving, drainage, water, sewer or other public improvements. BLOCK: A grouping of subdivided lots intended for urban purposes, bounded by streets or by a combination of streets and public parks, cemeteries, railroad right-of-way, shorelines, waterways, or municipal boundaries. BOARD OF ADJUSTMENT: The Board of Adjustment of the City of Owasso established in accordance with state law by city ordinance. BOND: A type of security or collateral posted by the subdivider and approved by the City Attorney which guarantees that all required improvements shall be maintained according to the approved plans and requirements of Owasso Design Criteria and these Subdivision Regulations. BUILDING: A structure which is permanently affixed to the land, has one or more floors and a roof, and is bounded by either another building with a common party wall, open air, or the lot lines of a lot. BUILDING PERMIT: A Permit required by the City of Owasso before any building construction is commenced. BUILDING SETBACK LINE: The horizontal distance from the point of measurement, such as the centerline of an abutting street or the boundary line of an abutting zoning district, to the nearest building wall. CITY: The City of Owasso, Oklahoma. CITY COUNCIL: The governing and legislative body of the City of Owasso, Oklahoma. CITY (OFFICER): The word "City" followed by the name of any officer means any officer or designee to such officer employed by the City of Owasso to fulfill any of the duties of the office named. CONSTRUCTION PLAN: The maps or drawings prepared by a registered professional engineer accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the Owasso Design Criteria and requirements of the City Engineer, Planning Commission and City Council as a condition of the approval of the plat. COUNTY: The County of Tulsa or the County of Rogers, Oklahoma. 38 COUNTY CLERK: The office of the clerk for Tulsa County or Rogers County, Oklahoma. COVENANTS: Agreements binding the owners of the lots of a subdivision as shown on the face of ca recorded subdivision plat. UL DE SAC STREET i See STREET-, C- TT DE SAC- this ~ seetien: DEDICATE: To set apart a portion of the area of a subdivision to a specific use(s) or to the public or to a specific group. DETENTION: The act of detaining stormwater as outlined in the Owasso Design Criteria. DEED OF DEDICATION: That portion of a plat that dedicates an area of a subdivision. DESIGN CRITERIA: Engineering standards used in the design and construction of subdivision improvements. DEVELOPER: The owner of land proposed to be subdivided or a designee. DEVELOPMENT: A tract of land which is subdivided and provided with all necessary utilities and public improvements. DISTRICT COURT: The District Court of Tulsa County, Oklahoma or Rogers County, Oklahoma. DOUBLE FRONTAGE: A situation in which a lot has access on two streets that do not intersect. EASEMENT: Authorization by a property owner for the use by another, and for a specific purpose, o,~fnanyAdesignated part of his property. A FLOOD PLAIN: The area of land adjoining the channel of a river, stream or other similar body of water which may be inundated by a flood that can be reasonably expected to occur. The flood plain includes all lands within the limits of the 100-year flood plain as defined by the Federal Emergency Management Agency. FRONTAGE: That side of a lot abutting on a street or way to which access is available for the lot. HEALTH DEPARTMENT: The Tulsa County Oklahoma or Rogers County, Oklahoma agency empowered by the Oklahoma State Department of Health to enforce health laws. IMPROVEMENTS: Grading, streets, sidewalks, crosswalks, culverts, bridges, water lines, sanitary sewer lines, force mains and lift stations, storm sewer lines, other utilities, and other features required to support the development. IMPROVEMENTS, OFF-SITE: A utility, structure, or modification of topography located outside the property to be subdivided. IMPROVEMENTS, PUBLIC: Any street, sidewalk, utility line, drainage way or other facility for which the city may ultimately assume the responsibility for maintenance and operation. IMPROVEMENTS, REQUIRED: Any improvement required by the Planning Commission and City Council as a condition of approval of a subdivision plat. 39 LOCAL STREET: See STREET, MINOR (LOCAL) in this section. LOT: A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development. LOT AREA: The total area measured on a horizontal plane, included within the lot boundaries. LOT DEPTH: The mean horizontal distance between the front and rear lot lines. LOT SPLIT: A lot split is a minor subdivision of previously subdivided land. The Planning Commission may approve a lot split that creates not more than three (3) lots fronting on an existing, dedicated street, not involving any new street or road, or the extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Major Street and Highway Plan, Zoning Ordinance (unless approved by the Board of Adjustment) or these regulations. MAJOR STREET-. See STREET, MAJOR in ~his seetiefi. OPEN SPACE, PUBLIC: Land which may be dedicated to or reserved for acquisition for general use by the public, including parks, recreation areas, school sites, community and public building sites, and other similar lands. This specifically does not include floodway drainage courses, public lakes and ponds or any area within the fully urbanized flood plain, but may include other areas in the 100 year full urbanized flood plain. OFF-SITE IMPROVEMENTS: See IMPROVEMENTS, OFF-SITE in this section. OWNER: A person or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations. PERMIT TO CONSTRUCT: A Permit required by the City of Owasso, Oklahoma before any subdivision improvement construction is commenced. PLANNED UNIT DEVELOPMENT (PUD): A discretionary type of development for a tract of land under single ownership or control, based upon an approved development plan permitting flexibility of principal land uses, lot sizes and accessory uses not otherwise available under conventional development standards. PLANNING COMMISSION: The Owasso Planning Commission as established in accordance with state law by city ordinance. PLAT, FINAL: The final map or record of a subdivision and any accompanying material, as described in these regulations, based on a Preliminary Plat with revisions, if any, to be submitted to the Planning Commission and City Council for approval, denial, or approval with conditions. 40 MAYOR: The Chief elected official of the City of Owasso, Oklahoma. R STREET.--See-STREET-, MIND it O n r) this seetion. PLAT, PRELIMINARY: The drawing or drawings described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission for approval. PRELIMINARY PLAT.- See PLAT, DDE TA41NADV i this eefien PRE-PLAT CONFERENCE: A meeting between the Subdivider and the City Planner to discuss the procedure for approval of a subdivision plat, provisions of the Zoning Code, requirements as to general layout of streets, reservations of land, street improvements, drainage, sewerage, fire protection, availability of existing services and utilities and similar matters. PRE-CONSTRUCTION CONFERENCE: A meeting among the developer, the subdivider or designee, contractors and the city staff prior to improvements construction. REGISTERED ENGINEER: An engineer properly registered and licensed in the State of Oklahoma. REGISTERED LAND SURVEYOR: A land surveyor properly registered and licensed in the State of Oklahoma. REVERSE FRONTAGE: That side of a lot abutting on a street or way which no access is available for the lot. See FRONTAGE and DOUBLE FRONTAGE in this section. RIGHT-OF-WAY: A parcel of land, usually a strip, occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water line, sanitary or storm sewer facility, or for any other public use. The use of the term right-of-way for land platting purposes in connection with these regulations shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots and parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for any use involving maintenance by a public agency shall be dedicated to public use by the owner of the land which is being subdivided. SEPARATE INSTRUMENT: A document that dedicates land or accomplishes some other task and is filed of record separately from the original subdivision plat documents. SERVICE ROAD O STREET. See STREET SERVICE i this section SETBACK: The distance between a building and the nearest street right-of-way line or property line. Also see BUILDING SETBACK LINE in this section. STREET: A public or private right-of-way which affords the primary means of access to abutting property or serves as a thoroughfare for vehicular traffic, or both, but excluding alleys. 41 STREET, ARTERIAL: A thoroughfare designated on the Major- Street and Highway Waii which carries a significant portion of the interurban vehicle traffic at moderate speeds with some traffic stops. A lse see STREET- DD TA d A D V ARTERIAL and STI EET, SEGOY T7l A RY A DTERLk in this efien. STREET, COLLECTOR: A street intended to move traffic from minor to arterial streets, including the principal entrance and circulation street or streets of a development. STREET, CUL-DE-SAC: A minor street with only one outlet and having a terminal for the safe and convenient reversal of traffic movement including all emergency and service vehicles. STREET, MAJOR: Highways, arterial and collector streets. as shown an the Owasse MajeF Stfeet and Highway Plan. STREET, MINOR (LOCAL): A trafficway of limited length that is not classified as a Major Street or highway, providing direct access to abutting tracts of land and access to more heavily traveled streets. SUBDIVIDER: A person undertaking the subdivision or resubdivision of a lot, tract or parcel of land into two or more lots, or other subdivision of land for the purpose of transfer of ownership or development, whether immediate or future, including all changes in lot lines. SUBDIVISION: Any division of land into four (4) more lots, tracts or parcels for the purpose of transfer of ownership or development, whether immediate or future, or any resubdivision of land. TECHNICAL ADVISORY COMMITTEE (T.A.C.): A committee composed of public officials and utility company representatives to review and study all plats and minor subdivision proposals and make recommendations concerning those subdivisions to the Planning Commission. ZONING CODE: A city ordinance regulating land use in the city. 42 STREET, SERVICE ROAD: A minor street which is parallel and adjacent to major streets, trafficways, highways or railroad rights-of-way and which provides access to abutting properties and protection from through traffic.