Loading...
HomeMy WebLinkAbout2008.10.21_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: October 21, 2008 TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall 5:00 p.m. on Friday, Friday, October 17, 2008. - VIA. uliann M. Stevens, Deput City Clerk AGENDA I. Call to Order Mayor Stephen Cataudella 2. Invocation Reverend Nathan Burns, Silver Creek Church of the Nazarene 3. Flag Salute 4. Roll Call 5. Consideration and appropriate action relating to a request for Council approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable. A. Approval of Minutes of the October 7, 2008 Regular meeting and October 14, 2008 Special meeting. Attachment # 5 -A S \Agendas \Counci 1\2008\ 1021. doc Owasso City Council October 21, 2008 Page 2 B. Approval of Claims. Attachment # 5 -B C. Acknowledgement of receiving the monthly FY 2008 -2009 budget status report. Attachment # 5 -C D. Authorization for the City Manager to execute a contract for Property Casualty Insurance in an amount not to exceed $27,826. Attachment # 5 -D E. Authorization for the City Manager to execute a contract for Excess Insurance Coverage for Workers' Compensation in the amount of $31,409. Attachment # 5 -E F. Authorization for the City Manager, Rodney J. Ray, to act as the Senior Administrator of the Red Flag Identity Theft Prevention Program for the City of Owasso. Attachment # 5 -F G. Acceptance of the Sanitary Sewer System, Streets, and Stormwater Drainage System constructed for the Crescent Ridge residential development located east of N. Garnett Road between E. 116th Street North and E. 126th Street North. Attachment # 5 -G H. Acceptance of the Streets and Stormwater Drainage System constructed for the Lake Valley II residential development located northeast of the intersection of E. 1001, Street North and N. 145th East Avenue. Attachment # 5 -H I. Acceptance of the Sanitary Sewer System constructed for the Kum & Go located at the northeast corner of E. 86th Street North and N. 145th East Avenue. Attachment # 5 -I J. Acceptance of the Sanitary Sewer and Water Systems constructed for the Center at Owasso located at E. 96th Street North and N. 121St East Avenue. Attachment # 54 K. Acknowledgement of receiving Agreements for Urban Engineering Services from Crafton, Tull, Sparks and Associates; Kellogg Engineering; and, authorization for the Mayor to execute each agreement. Attachment # 5 -K Owasso City Council October 21, 2008 Page 3 6. Consideration and appropriate action relating to a request for Council approval of annexation request, OA 08 -03, a request to annex approximately 10 acres, more or less, located north of E. 96th Street North and east of N. 136th East Avenue. Ms. Darnaby Attachment # 6 Staff will recommend Council approval of annexation request OA 08 -03. 7. Consideration and appropriate action relating to a request for Council approval of a final plat for the Center at Owasso Amended, proposing to amend the dimensions of Lots 2 and 3, Block 1 of the Center at Owasso, located on the south side of E. 96th Street North, immediately west of N. 121St East Avenue. Ms. Darnaby Attachment # 7 Staff will recommend Council approval of the Center at Owasso Amended Final Plat. 8. Consideration and appropriate action relating to a request for Council approval of amendments to the Owasso Subdivision Regulations. Mr. Wiles Attachment # 8 Staff will recommend Council approval of the revised Owasso Subdivision Regulations. 9. Consideration and appropriate action relating to a request for Council approval of an agreement between the City of Owasso and the Tulsa Transit Authority for services related to an express commuter bus service and authorization for the City Manager to execute an agreement for such service. Mr. Wiles Attachment # 9 Staff will recommend Council approval of an agreement between the City of Owasso and the Tulsa Transit Authority for the purpose of providing an express commuter bus service and authorization for the City Manager to execute the contract. Owasso City Council October 21, 2008 Page 4 10. Consideration and appropriate action relating to a request for Council approval to purchase five police service vehicles in the amount of $108,946. Mr. Yancey Attachment # 10 Staff will recommend Council approval to purchase five (5) 2009 Ford Crown Victoria's from United Ford of Tulsa and authorization for payment in the amount of $108,946. 11. Consideration and appropriate action relating to a request for Council adoption of the City of Owasso Debris Management Plan. Mr. Rooney Attachment # 11 Staff will recommend Council adoption of the City of Owasso Debris Management Plan for submittal to the Federal Emergency Management Agency. 12. Consideration and appropriate action relating to a request for Council authorization for final payment in the amount of $19,873.47 to AT &T for utility relocation associated with the Main Street Improvement Project. Mr. Rooney Attachment # 12 Staff will recommend Council authorization for final payment in the amount of $19,873.47 to AT &T for the relocation of telephone and data lines in association with the Main Street Improvement Project. 13. Consideration and appropriate action relating to a request for Council authorization for final payment in the amount of $59,347.65 to Oklahoma Natural Gas for utility relocation associated with the N. 1291h East Avenue Widening Project. Mr. Feary Attachment # 13 Staff will recommend Council authorization for final payment in the amount of $59,347.65 to Oklahoma Natural Gas for the relocation of utility distribution pipelines in association with the N. 129th East Avenue Widening Project. Owasso City Council October 21, 2008 Page 5 14. Consideration and appropriate action relating to a request for Council approval of Change Order No. 1 to the Three Lakes Pond Dam Replacement Project, acceptance of the completed construction project, and authorization for final payment in the amount of $18,206.84 to FIT Construction. Mr. Feary Attachment # 14 Staff will recommend approval of Change Order No. 1 to the Three Lakes Pond Dam Replacement Project in the amount of $2,105.43, acceptance of the completed construction project with a revised total contract amount of $364,136.89, and authorization for final payment in the amount of $18,206.84 to FIT Construction. 15. Consideration and appropriate action relating to a request for Council approval of an Interlocal Agreement between the City of Owasso and Tulsa County for services related to the FY 2008 -2009 Street Rehabilitation Program and authorization for the Mayor to execute the agreement. Mr. Feary Attachment # 15 Staff will recommend Council approval of an Interlocal Agreement between the City of Owasso and Tulsa County for services related to the FY 2008 -2009 Street Rehabilitation Program and authorization for the Mayor to execute such agreement. 16. Report from City Manager. 17. Report from City Attorney. 18. Report from City Councilors. Owasso City Council October 21, 2008 Page 6 19. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 20. Adjournment. OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, October 7, 2008 The Owasso City Council met in regular session on Tuesday, October 7, 2008 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Friday, October 3, 2008. ITEM 1. CALL TO ORDER Mayor Cataudella called the meeting to order at 6:30 p.m. ITEM 2. INVOCATION Eric Wiles, Community Development Director, offered the invocation. ITEM 3. FLAG SALUTE Councilor Guevara led the flag salute. ITEM 4. ROLL CALL PRESENT ABSENT Steve Cataudella, Mayor D.J. Gall, Vice Mayor — in at 6:34 pm Doug Bonebrake, Councilor Wayne Guevara, Councilor Jon Sinex, Councilor A quorum was declared present. STAFF Rodney Ray, City Manager ITEM 5. CHARACTER TRAIT OF THE MONTH Warren Lehr, a member of the Owasso Character Council, presented to the Council "Obedience," the Character Trait of the Month for October, 2008. Owasso City Council October 7, 2008 ITEM 6. READING OF THE MAYOR'S PROCLAMATION Mayor Cataudella invited members of the Owasso Fire Department to the podium, thanked them for the good works done by the Fire Department, and then read a proclamation declaring the week of October 5 - 11, 2008 as "Fire Prevention Week" in the City of Owasso. ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the September 16, 2008 Regular Meeting. B. Approval of Claims. C. Approval of Ordinance No. 930, an ordinance approving the partial closure of a utility easement located on property recognized as Lot 18, Block 9 in Lake Valley III. D. Acceptance of a donation from the David Vines Family for the purchase of a Timmy and Cindy bronze casting and approval of a budget amendment to the General Fund increasing estimated revenues by $1,995 and increasing the appropriation for expenditures by $1,995. E. Approval and authorization for payment of a workers' compensation settlement in the amount of $62,500 payable to Jimmy Langford and his attorney, Robert Flynn. Mr. Bonebrake moved, seconded by Mr. Guevara, to approve the Consent Agenda with claims totaling $358,187.89. Also included for review were the healthcare self - insurance claims report and payroll payment reports for pay period 9/13/08 and 9/27/08. YEA: Bonebrake, Cataudella, Gall, Guevara, Sinex NAY: None Motion carried 5 -0. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ACCEPTANCE OF THE 2009 OKLAHOMA HIGHWAY SAFETY GRANT, AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE THE GRANT MANAGEMENT CONTRACT, AND APPROVAL OF A BUDGET AMENDMENT TO THE POLICE SERVICES BUDGET INCREASING ANTICIPATED REVENUES AND THE APPROPRIATION FOR EXPENDITURES BY $59,000 2 Owasso City Council October 7, 2008 Mr. Chambless presented the item, recommending Council acceptance of the grant, authorization for the City Manager to execute the contract with the Oklahoma Highway Safety Office for management of the grant, and action to approve a supplemental appropriation for FY 2008 -2009 increasing estimated revenues and increasing the appropriation for expenditures in the Police Department by $59,000. Mr. Bonebrake moved, seconded by Mr. Guevara, for Council acceptance of the grant, as recommended. YEA: Bonebrake, Cataudella, Gall, Guevara, Sinex NAY: None Motion carried 5 -0. ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF AN AGREEMENT FOR ENGINEERING SERVICES RELATED TO THE FY 2008 -2009 TRAFFIC SIGNALIZATION STUDY AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE AGREEMENT Mr. Stephens presented the item, recommending Council approval of the Agreement for Engineering Services between the City of Owasso and Traffic Engineering Consultants, Incorporated of Tulsa, Oklahoma in the amount of $37,000 for services related to the FY 2008- 2009 Traffic Signalization Study and authorization for the Mayor to execute the Agreement. Mr. Bonebrake moved, seconded by Mr. Gall, for Council approval of the Agreement for Engineering Services, as recommended. YEA: Bonebrake, Cataudella, Gall, Guevara, Sinex NAY: None Motion carried 5 -0. ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF AN AMENDMENT TO WORKERS' COMPENSATION FUND BUDGET INCREASING THE APPROPRIATION FOR EXPENDITURES BY $62,500 Ms. Dempster presented the item recommending Council approval of an amendment to the Workers' Compensation Self- Insurance Fund Budget increasing the appropriation for expenditures by $62,500. 3 Owasso City Council October 7, 2008 Mr. Sinex moved, seconded by Mr. Guevara, for Council approval of an amendment to the Workers' Compensation Self - Insurance Fund Budget, as recommended. YEA: Bonebrake, Cataudella, Gall, Guevara, Sinex NAY: None Motion carried 5 -0. ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF AN EMERGENCY MUTUAL AID AGREEMENT BETWEEN THE CITY OF OWASSO AND THE CITY OF TULSA AND AUTHORIZATION TO EXECUTE SUCH AGREEMENT Mr. Rooney presented the item recommending Council approval of an Emergency Mutual Aid Agreement between the City of Owasso and the City of Tulsa and authorization to execute the agreement. Mr. Bonebrake moved, seconded by Mr. Sinex, for Council approval of the Emergency Mutual Aid Agreement, as recommended. YEA: Bonebrake, Cataudella, Gall, Guevara, Sinex NAY: None Motion carried 5 -0. ITEM 12. REPORT FROM CITY MANAGER Mr. Ray discussed with the Council how the recent economic fluctuations could affect the City. Mr. Ray addressed the issue of various restaurants that have closed in Owasso in recent months, noting statistics regarding average percentages of restaurants closing versus the number of restaurants opening in cities in the area. ITEM 13. REPORT FROM CITY ATTORNEY No report ITEM 14. REPORT FROM CITY COUNCILORS Mayor Cataudella remarked that he was glad to see the overlay project going strong. Mr. Stephens reported that the project was completed. 4 Owasso City Council ITEM 15. NEW BUSINESS None ITEM 16. ADJOURNMENT Mr. Bonebrake moved, seconded by Mr. Gall, to adjourn. YEA: Bonebrake, Cataudella, Gall, Guevara, Sinex NAY: None Motion carried 5 -0 and the meeting was adjourned at 7:24 p.m. Pat Fry, Minute Clerk 5 October 7, 2008 Stephen Cataudella, Mayor OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, October 14, 2008 The Owasso City Council met in a special meeting on Tuesday, October 14, 2008 in the Council Chambers at Old Central, 109 N. Birch Street, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 PM on Friday, October 10, 2008. ITEM 1: CALL TO ORDER. Mayor Cataudella called the meeting to order at 6:10 PM. PRESENT Steve Cataudella, Mayor DJ Gall, Vice Mayor John Sinex, Councilor Wayne Guevara, Councilor A quorum was declared present. ABSENT Doug Bonebrake, Councilor ITEM 2 PRESENTATION PROVIDED BY THE ASSISTANT CITY MANAGER FOR ADMINISTRATIVE SERVICES FOR THE PURPOSE OF REVIEWING VARIOUS CITY POLICEIS, PROCEDURES, AND FUNDS. Ms. Bishop reviewed the City's debt structure. ITEM 3 DISCUSSION RELATING TO ADMINISTRATIVE ITEMS A. PROPERTY INSURANCE RENEWAL B. WORKERS' COMPENSATION EXCESS COVERAGE C. DEBRIS MANAGEMENT PLAN Mr. Rooney reviewed the above items. It was explained that both the Property Insurance Renewal and Workers' Compensation Excess Coverage were up for renewal before the end of October, and authorization would be sought by staff for the City Manager to execute these contracts for a "not to exceed" amount. The Debris Management plan was the first of two steps to be taken in order to better prepare the City to respond to a natural disaster and to increase the federal reimbursement following a disaster. This item will also be placed on the October 21, 2008 agenda for action. Owasso City Council October 14, 2008 ITEM 4 DISCUSSION RELATING TO COMMUNITY DEVELOPMENT DEPARTMENT ITEMS A. REQUEST FOR ANNEXATION B. REQUEST FOR FINAL PLAT Mr. Rooney reviewed the above items. It was explained that both the Annexation Request for 10 acres of property north of E. 96th Street North and east of Highway 169 and the Center at Owasso Amended were unanimously approved by the Planning Commission without public comment at that meeting. Both will be forwarded to the City Council for action at the October 21, 2008 meeting. ITEM 5 DISCUSSION RELATING TO POLICE DEPARTMENT ITEMS A. PROPOSED VEHICLE PURCHASE Mr. Rooney reviewed the above item. Funding is included in the FY 2008 -09 budget for the purchase of seven vehicles. One vehicle has already been purchased and the request is to purchase five of the remaining six vehicles at this time. The department would receive 5 2009 Crown Victorias at the 2008 price. This item will be forwarded to the City Council for action at the October 21, 2008 meeting. ITEM 6 DISCUSSION RELATING TO PUBLIC WORKS DEPARTMENT ITEMS A. REVIEW OF BIDS RECEIVED FOR 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 Mr. Rooney reviewed the above items. It was explained that funds were included in the FY 2008 -09 budget for the purchase of the water meters and sewer camera equipment. Bids were received for both of the items and action to purchase them would be placed on the October 21, 2008 City Council agenda. Final payment requests would also be sought at that meeting for AT &T, ONG, and FIT Construction for the completion of work relating to the Main Street Improvement Project, the N. 129th E. Avenue Widening Project, and the Three Lakes Dam Improvement Project respectively. All three requests would also be placed on the October 21, 2008 agenda for action. 2 Owasso City Council October 14, 2008 ITEM 7 DISCUSSION RELATING TO CITY MANAGER ITEMS 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 Ms. Hess, Mr. Wiles, and Mr. Ray reviewed the above items. Ms. Hess explained the new Identity Theft Prevention Program and Eric Wiles reviewed the Subdivision Regulation proposed changes. Both items will be forwarded to the City Council for action on October 21, 2008, as will the Interlocal Agreement between the City and Tulsa County for the Street Rehabilitation Program. Mr. Ray also provided a City Manager's Report. ITEM 8 LEGISLATIVE REPORT No report. ITEM 9 REPORT FROM CITY COUNCILORS City Councilors had no report. ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REOUEST 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). Councilor Guevara motioned, seconded by Councilor Sinex to enter into Executive Session. All were in favor and the Council entered into Executive Session at 9:55 PM. The Council returned from Executive Session at 10:20 PM. No action was taken as a result of the Executive Session. ITEM 11 ADJOURNMENT Vice Mayor Gall motioned for adjournment, seconded by Councilor Sinex. All were in favor and the meeting adjourned at 10:21 PM. Mayor Claims List 10/21/08 Budget Unit Title Vendor Name Payable Description IPayment Amouni GENERAL AEP /PSO ISTREET LIGHTS 13.71 TOTAL GENERAL 13.71 MUNICIPAL COURT TREASURER PETTY CASH MEETING EXPENSE 31.45 OFFICE DEPOT INC OFFICE SUPPLIES 41.12 TOTAL MUNICIPAL COURT 72.57 MANAGERIAL CITY GARAGE LABOR /OVERHEAD CHARGES - 83.33 JPMORGAN CHASE BANK DELL - LAPTOP 1,687.81 JPMORGAN CHASE BANK DELL - LAPTOP CASE 23.56 JPMORGAN CHASE BANK DELL - SPEAKERS 27.99 JPMORGAN CHASE BANK BEST BUY -UPS 65.99 JPMORGAN CHASE BANK LODGING 571.48 L & M OFFICE FURNITURE, INC OFFICE FURNITURE - ADMINI 2,996.54 SAV -ON PRINTING & SIGNS LLC BUSINESS CARDS - JLOMBARD 30.00 SAV -ON PRINTING & SIGNS LLC BUSINESS CARDS 30.00 SAV -ON PRINTING & SIGNS LLC PRINTING - AGENDA TAB DIV 356.06 OKLAHOMA MUNICIPAL LEAGUE OK ASSOC REGISTRATION FEE - J STEV 75.00 JPMORGAN CHASE BANK WORLEYS -TREE 464.25 TREASURER PETTY CASH CHAMBER LUNCH 10.00 TREASURER PETTY CASH CAB FARE 81.70 JPMORGAN CHASE BANK BADGE -A- MINT - SUPPLIES 61.72 FLEETCOR TECHNOLOGIES FUEL FOR VEHICLES & EQUIP 83.08 GREENWOOD PERFORMANCE SYSTEMS INC TRAINING & DEVELOPMENT 795.00 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 4.74 ANCHOR STONE CO CRUSHER RUN STONE FOR TEM 100.32 ANCHOR STONE CO CRUSHER RUN STONE FOR TEM 1,453.08 FENSCO, INC METAL PIPE FOR TEMPORARY 697.00 MILL CREEK LUMBER & SUPPLY LUMBER FOR GATE INSTALL - 16.71 TOTAL MANAGERIAL 9,715.36 FINANCE TREASURER PETTY CASH GFOA TRAINING 70.00 JPMORGAN CHASE BANK TRAVEL EXPENSE 31.25 OFFICE DEPOT INC OFFICE SUPPLIES 93.93 TOTAL FINANCE 195.18 HUMAN RESOURCES COMMUNITYCARE EAP EMPLOYEE ASSISTANCE PROGR 220.00 FLEETCOR TECHNOLOGIES FUEL FOR VEHICLES & EQUIP 16.14 TULSA WORLD ADVERTISING 1,746.95 COMMUNITY PUBLISHERS INC ADVERTISING 200.85 BAILEY MEDICAL CENTER CHARACTER INITIATIVE 2,592.00 OK SAFETY COUNCIL DEFENSIVE DRIVING TRAININ 20.00 CHARACTER TRAINING INSTITUTE CHARACTER INTIATIVE 457.24 OKLAHOMA MUNICIPAL LEAGUE EMPLOYMENT SEMINAR 170.00 Page 1 Claims List 10/21/08 Budget Unit Title Vendor Name Payable Description Payment Amouni HUMAN RESOURCES... CHARACTER TRAINING INSTITUTE CHARACTER INITIATIVE 124.66 TREASURER PETTY CASH CHAMBER LUNCH 10.00 TREASURER PETTY CASH NOTARY DIVISION 25.00 JPMORGAN CHASE BANK BAUDVILLE -ID CARDS 32.99 JPMORGAN CHASE BANK HOBBY LOBBY- CHARACTER 28.42 JPMORGAN CHASE BANK TRAVEL EXPENSE 18.15 MARIO AVILA CHARACTER INITIATIVE 500.00 JPMORGAN CHASE BANK USPS- POSTAGE 6.13 GREENWOOD PERFORMANCE SYSTEMS INC CITY MANAGER EVALUATION 1,250.00 GREENWOOD PERFORMANCE SYSTEMS INC TRAINING & DEVELOPMENT 260.00 TOTAL HUMAN RESOURCES 7,678.53 GENERAL GOVERNMENT OKLAHOMA MUNICIPAL LEAGUE 2008 -09 ANNUAL MEMBERSHIP 26,989.90 CINTAS CORPORATION CARPET -MAT CLEANING 25.90 COMMUNITY PUBLISHERS INC MEDIA PUBLICATION /PUBLIC 144.20 COMMUNITY PUBLISHERS INC MEDIA PUBLICATION /PUBLIC 98.00 TULSA COUNTY CLERK FILING FEES 30.00 JPMORGAN CHASE BANK LAWN AMER ICA- FERTILIZATIO 131.85 TREASURER PETTY CASH POSTAGE 200.00 AMERICAN WASTE CONTROL INC FRONT LOAD SERVICE 141.77 JPMORGAN CHASE BANK WALMART- SUPPLIES 26.94 NEOPOST LEASING, INC POSTAGE MACHINE LEASE 389.00 MCAFEE & TAFT LEGAL FEES 513.00 MCAFEE & TAFT LEGAL FEES 39.15 CHARNEY, BUSS, & WILLIAMS, P.C. LEGAL SERVICES - CITY VS. 284.37 SAV -ON PRINTING & SIGNS LLC NAME PLATE - PRINTING SER 10.00 INDIAN NATIONS COUNCIL OF GOVERNMEN LEGISLATIVE CONSORTIUM FY 821.50 IKON OFFICE SOLUTIONS, INC COPIER SERVICE & SUPPLIES 580.47 HEARTLAND CONSULTING, INC OCTOBER CONSULTING FEES 10,500.00 AEP /PSO ELECTRIC USE 5,350.57 OFFICE DEPOT INC OFFICE SUPPLIES 33.52 JPMORGAN CHASE BANK WALMART- SUPPLIES 26.32 0 M E CORPORATION LABELS 35.35 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 449.76 TOTAL GENERAL GOVERNMENT 46,821.57 COMMUNITY DEVELOPMENT JPMORGAN CHASE BANK TRAVEL EXPENSE 125.00 CITY GARAGE CITY GARAGE PARTS - SEPT 307.85 CITY GARAGE LABOR /OVERHEAD CHARGES - 166.66 FLEETCOR TECHNOLOGIES FUEL FOR VEHICLES & EQUIP 619.47 INDIAN NATIONS COUNCIL OF GOVERNMEN 2ND QUARTER MEMBERSHIP DU 4,712.00 TULSA COUNTY ADMIN SERVICES PRINTS OF THE OWASSO MAST 300.00 JEFFREY GUS DUGAN MOWING ABATEMENT 150.00 OK SAFETY COUNCIL DEFENSIVE DRIVING TRAININ 20.00 TREASURER PETTY CASH LAWN CARE 150.00 Page 2 Claims List 10/21/08 Budget Unit Title Vendor Name Payable Description Payment Amouni COMMUNITY DEVELOPMENT. JPMORGAN CHASE BANK RELIANCE - COPIES 206.80 TOTAL COMMUNITY DEVELOPMENT 6,757.78 ENGINEERING JPMORGAN CHASE BANK DRY CLEANING - UNIFORMS 7.00 JPMORGAN CHASE BANK DRY CLEANING - UNIFORMS 12.60 JIMMY CODAY GRIND OUT 2 STUMPS 325.00 OK SAFETY COUNCIL DEFENSIVE DRIVING TRAININ 40.00 UNITED STATES CELLULAR CORPORATION CELL PHONE USAGE 112.86 FLEETCOR TECHNOLOGIES FUEL FOR VEHICLES & EQUIP 468.28 CITY GARAGE LABOR /OVERHEAD CHARGES - 166.66 CITY GARAGE CITY GARAGE PARTS - SEPT 30.67 TOTAL ENGINEERING 1,163.07 INFORMATION TECHNOLOGY CITY GARAGE LABOR /OVERHEAD CHARGES - 66.66 JPMORGAN CHASE BANK BEST BUY -GB SWITCH 34.99 OK SAFETY COUNCIL DEFENSIVE DRIVING TRAININ 10.00 COX COMMUNICATIONS INTERNET FEES 584.01 JPMORGAN CHASE BANK DELL - INTERNET FILTER 3,590.00 STRATEGIC CONSULTING INTERNATIONAL GIS MONTHLY HOSTING FEE - 2,000.00 JPMORGAN CHASE BANK EXPERTS EXCHANGE - RENEWAL 99.50 JPMORGAN CHASE BANK OFFICE DEPOT - HEADSET 20.99 JPMORGAN CHASE BANK HOSTICA.COM- ANNUAL FEE 127.44 FLEETCOR TECHNOLOGIES FUEL FOR VEHICLES & EQUIP 44.51 TOTAL INFORMATION TECHNOLOGY 6,578.10 SUPPORT SERVICES FLEETCOR TECHNOLOGIES FUEL FOR VEHICLES & EQUIP 534.02 FLEETCOR TECHNOLOGIES FUEL FOR VEHICLES & EQUIP 328.27 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 293.84 COPY WORLD BUSINESS SOLUTIONS, LLC QTRLY COPIER MAINT FEES 110.00 SAV -ON PRINTING & SIGNS LLC RE- LETTERING NAMEPLATES 10.00 LIGHTING, INC PHYSICAL PROPERTY SUPPLIE 69.90 MURPHY SANITARY SUPPLY PHYSICAL PROPERTY SUPPLIE 60.00 MURPHY SANITARY SUPPLY PHYSICAL PROPERTY SUPPLIE 104.67 MURPHY SANITARY SUPPLY PHYSICAL PROPERTY SUPPLIE 33.24 FLYNN'S PEST CONTROL PEST CONTROL SVCS - OC & 110.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 24.26 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 23.99 JPMORGAN CHASE BANK WALMART- SUPPLIES 9.24 COX COMMUNICATIONS INTERNET FEES 69.95 OK SAFETY COUNCIL DEFENSIVE DRIVING TRAININ 10.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 8.48 CITY GARAGE LABOR /OVERHEAD CHARGES - 233.33 CITY GARAGE CITY GARAGE PARTS - SEPT 38.87 Page 3 Claims List 10/21/08 Budget Unit Title Vendor Name Payable Description Payment Amouni TOTAL SUPPORT SERVICES 2,072.06 CEMETERY BROWN FARMS LLC SOD FOR CEMETERY 30.00 VERDIGRIS VALLEY ELECTRIC COOP CEMETERY ELECTRIC 25.87 FLEETCOR TECHNOLOGIES FUEL FOR VEHICLES & EQUIP 121.66 AEP /PSO ELECTRIC USE 30.84 MILL CREEK LUMBER & SUPPLY GRAVEL MIX FOR FOOTSTONE 11.37 TOTAL CEMETERY 219.74 POLICE SERVICES JPMORGAN CHASE BANK CAMPERLAND- TRAILER BOOT 249.32 OWASSO FITNESS ZONE, INC PHYSICAL FITNESS PROGRAM 90.00 FEDERAL EXPRESS CORPORATION EXPRESS SHIPMENT SERVICE 23.81 LISA LONG TUITION REIMBURSEMENT 394.05 OKLAHOMA POLICE SUPPLY UNIFORM EQUIPMENT - NEW H 71.60 VCA ANIMAL HOSPITAL, INC CANINE DOG FOOD 71.69 DAVID B. ASHBY UNIFORM EQUIPMENT 40.00 JPMORGAN CHASE BANK DELL - PRINTER CARTRIDGE 170.98 AEP /PSO ELECTRIC USE 3,905.43 JPMORGAN CHASE BANK ONYX -TONER CARTRIDGES 119.90 JPMORGAN CHASE BANK MEETING EXPENSE 18.70 JPMORGAN CHASE BANK LODGING 313.20 JPMORGAN CHASE BANK YALE CLEANERS - UNIFORMS 1,310.36 JPMORGAN CHASE BANK TRAVEL EXPENSE 16.65 JPMORGAN CHASE BANK LAW ENFORCEMENT - TARGETS 128.53 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 115.24 JPMORGAN CHASE BANK OFFICE DEPOT -FILE CABINET 180.93 JPMORGAN CHASE BANK ULINE- CARDBOARD BINS 76.56 JPMORGAN CHASE BANK MEETING EXPENSE 48.84 TREASURER PETTY CASH NOTARY DIVISION 25.00 JPMORGAN CHASE BANK WALMART- AMMUNITION 419.55 JPMORGAN CHASE BANK SYMBOLARTS -BADGE 66.50 TREASURER PETTY CASH HONOR GUARD /SWAT ITEMS 99.40 JPMORGAN CHASE BANK COPS PLUS - HOLSTER 131.93 JPMORGAN CHASE BANK MEETING EXPENSE 30.56 JPMORGAN CHASE BANK USI ED GOV- LAMINATING 69.69 JPMORGAN CHASE BANK AMAZON -BOOKS 33.48 TREASURER PETTY CASH PADLOCKS 33.47 FLEETCOR TECHNOLOGIES FUEL FOR VEHICLES & EQUIP 9,689.47 TURN -KEY MOBILE, INC VEHICLE COMPUTER CONSOLE 5,467.20 JPMORGAN CHASE BANK LAPEL MICROPHONES - PD 234.24 OK SAFETY COUNCIL DEFENSIVE DRIVING TRAININ 20.00 CITY GARAGE CITY GARAGE PARTS - SEPT 2,296.38 OFFICE DEPOT INC OFFICE SUPPLIES 87.25 CITY GARAGE LABOR /OVERHEAD CHARGES - 4,583.33 JPMORGAN CHASE BANK LODGING 313.20 Page 4 Claims List 10/21/08 Budget Unit Title Vendor Name Payable Description Payment Amount POLICE SERVICES... JPMORGAN CHASE BANK BEST BUY -POWER BACKUP 45.99 JPMORGAN CHASE BANK WATER 5.98 JPMORGAN CHASE BANK WALMART- SUPPLIES 102.33 JPMORGAN CHASE BANK ULTRA MAX- AMMUNITION 3,906.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 291.90 TOTAL POLICE SERVICES 35,298.64 POLICE COMMUNICATIONS JPMORGAN CHASE BANK COLE INFORMATION -CD 603.75 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 35.03 JPMORGAN CHASE BANK WALMART- SUPPLIES 17.36 AEP /PSO ELECTRIC USE 203.64 JPMORGAN CHASE BANK DELL - PRINTER CARTRIDGE 85.49 TOTAL POLICE COMMUNICATIONS 945.27 ANIMAL CONTROL DAVID B. ASHBY UNIFORMS & EQUIPMENT 342.00 SMALL ANIMAL HOSPITAL OF OWASSO,LLC SPAY & NEUTER PROGRAM 725.35 ARAMARK UNIFORM & CAREER APPAREL PROTECTIVE UNIFORM EQUIPM 336.80 AEP /PSO ELECTRIC USE 401.77 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 168.78 FLEETCOR TECHNOLOGIES FUEL FOR VEHICLES & EQUIP 304.53 JPMORGAN CHASE BANK ACTION PLUMBING -VALVE 333.60 JPMORGAN CHASE BANK LOWES- SUPPLIES 10.86 JPMORGAN CHASE BANK LOWES- SUPPLIES 23.73 JPMORGAN CHASE BANK LOWES -PARTS 32.12 HILL'S PET NUTRITION SALES, INC SHELTER SUPPLIES 52.50 JPMORGAN CHASE BANK BIG LOTS - SUPPLIES 75.50 JPMORGAN CHASE BANK LOWES- SUPPLIES 185.26 JPMORGAN CHASE BANK LOWES -PARTS 14.45 JPMORGAN CHASE BANK LOWES- SUPPLIES 38.09 CITY GARAGE LABOR /OVERHEAD CHARGES - 166.66 TOTAL ANIMAL CONTROL 3,212.00 FIRE SERVICES JPMORGAN CHASE BANK TRAVEL EXPENSE 10.56 JPMORGAN CHASE BANK TRAVEL EXPENSE 20.00 OFFICE DEPOT INC OFFICE SUPPLIES 114.00 CITY GARAGE LABOR /OVERHEAD CHARGES - 1,166.66 CITY GARAGE CITY GARAGE PARTS - SEPT 127.80 JPMORGAN CHASE BANK HOBBY LOBBY - FRAMES 80.00 JPMORGAN CHASE BANK LOWES- SUPPLIES 3.97 A PLUS SERVICE INC REPAIR OF A/C AT STATION 280.00 COLBURN ELECTRIC OVERHEAD DOOR REPAIRED 253.97 THOMAS A. GAINES FIRE PUMP REPAIR ON FIRE 272.75 SAV -ON PRINTING & SIGNS LLC KINDERGARTEN COLORING BOO 475.00 NORTH AMERICA FIRE EQUIPMENT CO. BUNKER GEAR FOR NEW FIREF 3,034.00 Page 5 Claims List 10/21/08 Budget Unit Title Vendor Name Payable Description Payment Amount FIRE SERVICES... P & K EQUIPMENT, INC REPAIRS TO CHAIN SAW E -3 199.95 JPMORGAN CHASE BANK TRAVEL EXPENSE 32.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 548.02 JPMORGAN CHASE BANK DELL -COLOR LASER PRINTER 861.00 JPMORGAN CHASE BANK LODGING 162.00 TREASURER PETTY CASH PER DIEM 73.50 JPMORGAN CHASE BANK LODGING 368.63 JPMORGAN CHASE BANK NWA- BAGGAGE FEE 15.00 JPMORGAN CHASE BANK NWA- BAGGAGE FEE 15.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 11.98 JPMORGAN CHASE BANK LOWES- TRAILER ADAPTER 5.45 JPMORGAN CHASE BANK AMAZON -BOOKS 50.58 JPMORGAN CHASE BANK LODGING 72.80 JPMORGAN CHASE BANK WALMART -TIRE REPAIR 2.18 JPMORGAN CHASE BANK LODGING 363.94 JPMORGAN CHASE BANK TRAVEL EXPENSE 18.30 JPMORGAN CHASE BANK TRAVEL EXPENSE 15.36 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 24.97 JPMORGAN CHASE BANK NWA- BAGGAGE FEE 15.00 JPMORGAN CHASE BANK NWA- BAGGAGE FEE 15.00 JPMORGAN CHASE BANK LODGING 32412 JPMORGAN CHASE BANK TRAVEL EXPENSE 9.77 JPMORGAN CHASE BANK TRAVEL EXPENSE 11.29 JPMORGAN CHASE BANK TRAVEL EXPENSE 54.70 JPMORGAN CHASE BANK TRAVEL EXPENSE 10.16 JPMORGAN CHASE BANK TRAVEL EXPENSE 12.62 JPMORGAN CHASE BANK TRAVEL EXPENSE 8.79 FLEETCOR TECHNOLOGIES FUEL FOR VEHICLES & EQUIP 2,525.85 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 219.99 AEP /PSO ELECTRIC USE 4,825.09 JPMORGAN CHASE BANK ACADEMY - APPAREL 9999 JPMORGAN CHASE BANK SALES TAX CREDIT -9.63 JPMORGAN CHASE BANK TRAVEL EXPENSE 2099 JPMORGAN CHASE BANK GALLS - APPAREL 110.49 JPMORGAN CHASE BANK LODGING 1,164.74 JPMORGAN CHASE BANK LODGING 78.93 JPMORGAN CHASE BANK TRAVEL EXPENSE 43.30 JPMORGAN CHASE BANK TRAVEL EXPENSE 45.00 JPMORGAN CHASE BANK TRAVEL EXPENSE 50.00 AQUARIUS ENTERPRISES, INC RENTAL -WATER COOLER & WAT 35.90 COLBURN ELECTRIC RUN CONDUIT /DOOR SENSORS 650.00 JPMORGAN CHASE BANK SALES TAX CREDIT -6.13 JPMORGAN CHASE BANK BUMPER - LADDER 2 REPAIRS 16.99 JPMORGAN CHASE BANK LOWES- STORAGE 171.91 JPMORGAN CHASE BANK P & K EQUIPMENT -OIL 29.70 Page 6 Claims List 10/21/08 Budget Unit Title Vendor Name Payable Description Payment Amouni FIRE SERVICES... JPMORGAN CHASE BANK P & K EQUIPMENT -PARTS 156.90 JPMORGAN CHASE BANK LOWES- TOTES /SHELVES 193.70 JPMORGAN CHASE BANK LOWES -PARTS 108.00 JPMORGAN CHASE BANK OFFICE DEPOT - BINDERS 95.92 TOTAL FIRE SERVICES 19,768.45 EMERGENCY PREPAREDNES AEP /PSO ELECTRIC USE 8310 MURRAY WOMBLE INC REPLACEMENT DOOR CLOSER 100.00 JPMORGAN CHASE BANK WEC -STORM SIREN 25.66 JPMORGAN CHASE BANK WEC -STORM SIREN 24.48 TOTAL EMERGENCY PREPAREDNESS 233.24 STREETS UNIFIRST HOLDINGS LP EMPLOYEE UNIFORMS 42.34 O'REILLY AUTOMOTIVE INC RING PLIERS 1999 AMERIFLEX HOSE & ACCESSORIES, LLC ATTACHMENT CONNECTIONS FO 120.10 APAC, INC.- OKLAHOMA STANDARD INDUST ASPHALT FOR RAILROAD TRAC 134.92 SHERWOOD CONSTRUCTION CO, INC CONCRETE FOR MANHOLE REPA 166.50 UNIFIRST HOLDINGS LP EMPLOYEE UNIFORMS 40.79 OK SAFETY COUNCIL DEFENSIVE DRIVING TRAININ 50.00 CITY GARAGE CITY GARAGE PARTS - SEPT 944.66 CITY GARAGE LABOR /OVERHEAD CHARGES - 1,166.66 FLEETCOR TECHNOLOGIES FUEL FOR VEHICLES & EQUIP 1,884.68 AEP /PSO ELECTRIC USE 1,714.95 JPMORGAN CHASE BANK SALES TAX CREDIT -2.12 JPMORGAN CHASE BANK RETURN CREDIT -25.87 JPMORGAN CHASE BANK LOWES -PAINT 26.97 JPMORGAN CHASE BANK LOWES -PAINT 25.87 AMERICAN ELECTRIC POWER ST LIGHTS @ MAIN STREET 1,000.00 AMERICAN ELECTRIC POWER ST LIGHTS @ SILVER CREEK 513.00 AEP /PSO STREET LIGHTS 6,245.50 EQUIPMENT ONE RENTAL & SALES, INC. JACKHAMMER RENTAL FOR MAN 60.00 MILL CREEK LUMBER & SUPPLY TRAILER SIDE RAILS 35.86 CROW BURLINGAME COMPANY HARDWARE FOR TRAILER SIDE 14.84 EQUIPMENT ONE RENTAL & SALES, INC. AUGER BIT RENTAL FOR 140 16.00 TOTAL STREETS 14,195.64 STORMWATER MILL CREEK LUMBER & SUPPLY FORMBOARDS - FAIRWAYS 9TH 58.24 BROWN FARMS LLC SOD - FAIRWAYS 9TH HOLE S 80.00 SHERWOOD CONSTRUCTION CO, INC CONCRETE FOR 8 ST MANHOLE 416.00 OWASSO TOP SOIL TOPSOIL FOR DRESS UPS 60.00 P & K EQUIPMENT, INC TRIMMER REPAIR 22.73 L & S DEDMON TRUCKING, LLC TOPSOIL FOR SAWGRASS STOR 100.00 EQUIPMENT ONE RENTAL & SALES, INC. SODCUTTER RENTAL FOR SAWG 40.00 BROWN FARMS LLC SOD FOR SAWGRASS STORMPIP 80.00 Page 7 Claims List 10/21/08 Budget Unit Title Vendor Name Payable Description Payment Amouni STORMWATER... BROWN FARMS LLC SOD FOR SAWGRASS STORMPIP 80.00 MILL CREEK LUMBER & SUPPLY SCREEDBOARD FOR SAWGRASS 5.35 MILL CREEK LUMBER & SUPPLY FORMBOARDS FOR SAWGRASS S 113.00 FLEETCOR TECHNOLOGIES FUEL FOR VEHICLES & EQUIP 1,758.54 CITY GARAGE LABOR /OVERHEAD CHARGES - 1,166.66 CITY GARAGE CITY GARAGE PARTS - SEPT 1,099.51 OK SAFETY COUNCIL DEFENSIVE DRIVING TRAININ 60.00 UNIFIRST HOLDINGS LP EMPLOYEE UNIFORMS 49.54 SHERWOOD CONSTRUCTION CO, INC CONCRETE FOR SAWGRASS STO 756.75 UNIFIRST HOLDINGS LP EMPLOYEE UNIFORMS 49.54 TOTAL STORMWATER 5,995.86 PARKS UNIFIRST HOLDINGS LP UNIFORM RENTAL /CLEANING 16.73 UNIFIRST HOLDINGS LP UNIFORM RENTAL /CLEANING 16.73 UNIFIRST HOLDINGS LP UNIFORM RENTAL /CLEANING 16.73 ROGERS COUNTY RURAL WATER DISTRICT WATER SERVICE 108.25 OK SAFETY COUNCIL DEFENSIVE DRIVING TRAININ 20.00 CITY GARAGE CITY GARAGE PARTS - SEPT 15.66 CITY GARAGE LABOR /OVERHEAD CHARGES - 250.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 182.10 FLEETCOR TECHNOLOGIES FUEL FOR VEHICLES & EQUIP 729.40 AEP /PSO ELECTRIC USE 2,070.37 JPMORGAN CHASE BANK UNITED HOLD - MOWING 1,266.00 JPMORGAN CHASE BANK ATWOODS- SUPPLIES 12.16 JPMORGAN CHASE BANK D & SONS - MOWINGS 1,139.00 DUSTIN REUDELHUBER HARVEST FESTIVAL ENTERTAI 300.00 JPMORGAN CHASE BANK ORIENTAL TRADE - SUPPLIES 86.42 JPMORGAN CHASE BANK MOORE FISH -GRASS CARP 205.00 JPMORGAN CHASE BANK LOWES -FENCE POST 17.78 JPMORGAN CHASE BANK LOWES- SUPPLIES 28.94 JPMORGAN CHASE BANK LOWES -PARTS 2.84 JPMORGAN CHASE BANK LOWES- CONCRETE 6.50 LELAND BARTEL MOWING MCCARTY PARK 429.00 TERRA -PAD, INC WOOD CHIPS FOR FALL ZONES 1,960.00 ADT SECURITY SERVICES INC SECURITY SERVICES 48.26 TOTAL PARKS 8,927.87 COMMUNITY CENTER JPMORGAN CHASE BANK LOWES -LIGHT BULBS 59.74 AEP /PSO ELECTRIC USE 1,443.15 FLEETCOR TECHNOLOGIES FUEL FOR VEHICLES & EQUIP 119.08 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 24222 JPMORGAN CHASE BANK TMS- VACUUM CLEANER 427.20 JPMORGAN CHASE BANK SAMS CLUB -TABLE 151.24 CITY GARAGE LABOR /OVERHEAD CHARGES - 33.33 CHARACTER TRAINING INSTITUTE CHARACTER INTIATIVE 35.00 Page 8 Claims List 10/21/08 Budget Unit Title Vendor Name Payable Description Payment Amouni COMMUNITY CENTER... OK SAFETY COUNCIL DEFENSIVE DRIVING TRAININ 10.00 OFFICE DEPOT INC OFFICE SUPPLIES 431.42 TOTAL COMMUNITY CENTER 2,952.38 HISTORICAL MUSEUM ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 46.31 AEP /PSO ELECTRIC USE 144.21 JPMORGAN CHASE BANK LOWES -HOSE CART 34.98 TREASURER PETTY CASH MILEAGE 4434 TOTAL HISTORICAL MUSEUM 269.84 ECONOMIC DEV TREASURER PETTY CASH MEETING EXPENSE 9.50 JPMORGAN CHASE BANK GOOGLE- SUBSCRIPTION 400.00 JPMORGAN CHASE BANK WEB SCRIBBLE - HOSTING FEE 1999 FLEETCOR TECHNOLOGIES FUEL FOR VEHICLES & EQUIP 50.28 JPMORGAN CHASE BANK FEDEX- PICTURES 50.66 CITY GARAGE LABOR /OVERHEAD CHARGES - 83.33 CITY GARAGE CITY GARAGE PARTS - SEPT 11.82 JPMORGAN CHASE BANK TRAVEL EXPENSE 35.87 SAV -ON PRINTING & SIGNS LLC BUSINESS CARDS - CHARKINS 30.00 JPMORGAN CHASE BANK CITY CAB -CAB FARE 33.45 JPMORGAN CHASE BANK TRAVEL EXPENSE 11.00 JPMORGAN CHASE BANK AMERICAN - AIRPORT PARKING 40.00 JPMORGAN CHASE BANK TRAVEL EXPENSE 30.68 GREENWOOD PERFORMANCE SYSTEMS INC TRAINING & DEVELOPMENT 795.00 TOTAL ECONOMIC DEV 1,601.58 174,688.4 FUND GRAND TOTAL AMBULANCE JPMORGAN CHASE BANK NTL REGISTRY -TEST FEE 110.00 CITY GARAGE CITY GARAGE PARTS - SEPT 552.05 CITY GARAGE LABOR /OVERHEAD CHARGES - 1,250.00 JPMORGAN CHASE BANK BEST BUY -GB SWITCH 34.99 FLEETCOR TECHNOLOGIES FUEL FOR VEHICLES & EQUIP 2,371.01 FULLERTON HYDRO -TEST INC. RENTAL OF OXYGEN CYLINDER 109.85 JPMORGAN CHASE BANK ALLMED- SUPPLIES 817.39 TREASURER PETTY CASH PARAMEDIC BOOKS 4999 JPMORGAN CHASE BANK ALLMED- SUPPLIES 53.93 TOTAL AMBULANCE 5,349.21 5,349.2 FUND GRAND TOTAL E911 COMMUNICATIONS AT &T SEPT'08 E911 FEES 1,869.00 TOTAL RADIO INC MONTHLY RADIO MAINT FEES 675.00'' Page 9 Claims List 10/21/08 Budget Unit Title I Vendor Name Payable Description jPayment Amouni TOTAL E911 COMMUNICATIONS 2,544.00 2,544.0 FUND GRAND TOTAL HOTEL TAX- STREETS COBB ENGINEERING COMPANY, INC MAIN STREET STREETSCAPE E 12,271.75 CROSSLAND HEAVY CONTRACTORS, INC MAIN STREET PROJECT 64,163.48 TOTAL HOTEL TAX - STREETS 76,435.23 76,435.2 FUND GRAND TOTAL STORMWATER - STORMWATI FIT CONSTRUCTION, LLC THREE LAKES POND DAM REPL 18,206.84 FIT CONSTRUCTION, LLC THREE LAKES POND DAM REPL 6,692.42 MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES FOR 1,399.52 TOTAL STORMWATER - STORMWATER 26,298.78 26,298.7 FUND GRAND TOTAL FIRE CAPITAL FD JPMORGAN CHASE BANK CONRAD FIRE -WATER PUMP 6,256.94 TOTAL FIRE CAPITAL FD 6,256.94 6,256.9 FUND GRAND TOTAL CI-STREETS SHERWOOD CONSTRUCTION CO, INC ASPHALT FOR STREET REPAIR 869.25 SHERWOOD CONSTRUCTION CO, INC ASPHALT FOR STREET REPAIR 1,372.50 SHERWOOD CONSTRUCTION CO, INC ASPHALT FOR STREET REPAIR 1,647.00 CRAFTON, TULL AND ASSOCIATES, INC CONSULTING SERVICES FOR N 23,960.07 BECCO CONTRACTORS INC 129 E AVE WIDENING PROJEC 303,997.36 SHERWOOD CONSTRUCTION CO, INC CONCRETE FOR 8 ST MANHOLE 166.50 TOTAL CI -STREETS 332,012.68 332,012.6 FUND GRAND TOTAL CITY GARAGE AEP /PSO ELECTRIC USE 580.04 T & W TIRE, LP TIRES FOR CITY VEHICLES & 317.52 T & W TIRE, LP TIRES FOR CITY VEHICLES & 628.36 AMERIFLEX HOSE & ACCESSORIES, LLC PARTS FOR 97 INTL TRASH T 42.80 B & M OIL COMPANY INC OIL & FLUIDS 1,413.78 LENOX WRECKER SERVICE INC TOWING SERVICES 340.00 CLASSIC CHEVROLET, INC. PARTS FOR RESALE 668.36 FASTENAL SHOP SUPPLIES 34.20 LOCKE SUPPLY OPERATING SUPPLIES 13.48 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 34.49 Page 10 Claims List 10/21/08 Budget Unit Title Vendor Name Payable Description Payment Amounl CITY GARAGE... UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 34.49 FRN OF TULSA, LLC UNITED FORD REPAIR SERVICES - POLICE 335.61 JPMORGAN CHASE BANK LODGING 324.12 TREASURER PETTY CASH MEALS 97.06 O'REILLY AUTOMOTIVE INC PARTS FOR RESALE 1,017.72 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 63.37 TOTAL CITY GARAGE 5,945.40 5,945.4 FUND GRAND TOTAL WORKERS' COMP SELF -INS SAS, LLC SELECT ACTUARIAL SERVICE ACTUARIAL SERVICES 3,500.00 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 3,301.50 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 1,154.00 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 264.00 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 7,722.37 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 1,154.00 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 264.00 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 8,717.46 TOTAL WORKERS' COMP SELF -INS 26,077.33 26,077.3 FUND GRAND TOTAL GEN LIAB -PROP SELF INS RICH & CARTMILL, INC INCREASE IN PROPERTY INSU 335.00 RANDY STARK BREAK B GONE REPLACE REAR WINDSHIELD G 255.00 TOTAL GEN LIAB -PROP SELF INS 590.00 590.0 FUND GRAND TOTAL PLEASANT VIEW DEBT SERV EDWARD D. JONES CO. ISE WER IMPROVEMENT BONDS 5,510.00 TOTAL PLEASANT VIEW DEBT SERV 5,510.00 5,510.0 FUND GRAND TOTAL CITY GRAND TOTAL $661,708.01 Page 11 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 10121108 VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 21,022.02 HEALTHCARE MEDICAL SERVICE 34,652.41 HEALTHCARE DEPT TOTAL 55,674.43 DELTA DENTAL DENTAL MEDICAL SERVICE 3,621.00 DENTAL MEDICAL SERVICE 3,703.00 DENTAL MEDICAL SERVICE 1,834.00 ADMIN FEES 2,106.46 DENTAL DEPT TOTAL 11,264.46 VSP VISION MEDICAL SERVICES 2,112.57 ADMIN FEES 0.00 VISION DEPT TOTAL 2,112.57 HEALTHCARE SELF INSURANCE FUND TOTAL 69,051.46 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 10/11/08 Department Payroll Expenses Total Expenses Municipal Court 4,482.66 5,817.08 Managerial 20,293.98 26,132.91 Finance 12,512.13 17,477.21 Human Resources 5,967.70 8,581.87 Community Development 12,011.03 15,943.30 Engineering 10,628.19 14,797.43 Information Systems 8,445.97 12,570.74 Support Services 9,236.21 12,447.22 Police 95,419.41 136,135.64 Central Dispatch 8,205.97 12,578.41 Animal Control 2,203.20 3,216.46 Fire 92,949.73 128,150.27 Emergency Preparedness 2,752.83 3,874.31 Streets 6,858.98 10,646.31 Stormwater /ROW Maint. 7,198.73 10,222.19 Park Maintenance 9,357.60 13,707.16 Community- Senior Center 3,210.46 4,663.29 Historical Museum 2,054.82 2,697.30 Economic Development 3,022.31 3,831.23 General Fund Total 316,811.91 443,490.33 Garage Fund Total 3,788.80 3,788.80 Ambulance Fund Total 17,910.34 24,540.16 Emergency 911 Fund Total 2,749.96 3,843.78 Worker's Compensation Total 2,624.35 3,194.34 CITY OF OWASSO GENERALFUND FISCAL YEAR 2008 -2009 Statement of Revenues & Expenditures As of September 30, 2008 FUND BALANCE (Budgetary Basis) Beginning Balance 3,332,108 3,332,108 Ending Balance $ 3,607,882 $ 2,290,505 MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET REVENUES: Taxes $ 1,598,399 $ 4,680,922 $ 18,938,000 24.72% Licenses & permits 27,224 64,899 334,500 19.40% Intergovernmental 102,968 199,702 600,997 33.23% Charges for services 37,316 104,369 492,700 21.18% Fines & forfeits 52,856 163,416 689,000 23.72% Other 8,561 38,242 93,800 40.77% TOTAL REVENUES 1,827,323 5,251,551 21,148,997 24.83% EXPENDITURES: Personal services 886,563 2,668,780 11,988,129 22.26% Materials & supplies 69,515 172,000 750,793 22.91% Other services 156,640 359,980 1,778,930 20.24% Capital outlay 58,395 211,396 1,366,748 15.47% TOTAL EXPENDITURES 1,171,113 3,412,156 15,884,600 21.48% REVENUES OVER EXPENDITURES 656,210 1,839,395 5,264,397 34.94% TRANSFERS IN (OUT): Transfers in 932,733 2,774,069 11,095,000 25.00% Transfers out (1,454,077) (4,337,691) (17,401,000) 24.93% TOTAL TRANSFERS (521,344) (1,563,622) (6,306,000) 24.80% NET CHANGE IN FUND BALANCE 134,866 275,774 (1,041,603) FUND BALANCE (GAAP Basis) Beginning Balance 5,149,263 Ending Balance $ 5,425,037 FUND BALANCE (Budgetary Basis) Beginning Balance 3,332,108 3,332,108 Ending Balance $ 3,607,882 $ 2,290,505 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: MICHELE DEMPSTER '14 HUMAN RESOURCE DIRECTOR SUBJECT: PROPERTY INSURANCE RENEWAL DATE: October 15, 2008 BACKGROUND: Each year the City's property casualty coverage renews on November I". 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 3Is' expiration date. In order to allow staff the opportunity to review quotes that may be presented later in the month staff is recommending 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. 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 prior to October 31 S`. RECOMMENDATION: Staff recommends Council authorization for the City Manager to execute a contract for property casualty insurance in an amount not to exceed $27,826. MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: MICHELE DEMPSTER'� HUMAN RESOURCE DIRECTOR SUBJECT: EXCESS WORKERS' COMPENSATION COVERAGE DATE: October 15, 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; as a result there has been an increase in the cost of Excess Workers' Compensation coverage. COMMENTS: The City has been provided a renewal quote of $31,409 a 27% increase over last year's premiums of $24,756. Excess Insurance for workers' compensation is funded through of the Self- Insurance Workers' Compensation fund. The renewal premium is within the amount budgeted of $40,000 for 2008 -2009. PROPOSAL: Staff recommends Council authorization for the City Manager to execute a contract for Excess Insurance coverage for workers' compensation in the amount of $31,409. MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ANGELA HESS FINANCE DIRECTOR SUBJECT: RED FLAG RULES IDENTITY THEFT PREVENTION DATE: October 17, 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 1", 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 recommends Council authorization for the City Manager, Rodney J. Ray to act as the Senior Administrator of the Red Flag Identity Theft Prevention Program for the City of Owasso. MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JOHN W. FEARY PROJECT ADMINISTRATOR SUBJECT: ACCEPTANCE OF SANITARY SEWER SYSTEM, STREETS, AND STORM WATER DRAINAGE SYSTEMS CRESCENT RIDGE DATE: October 17, 2008 BACKGROUND: The subject residential development is located east of Garnett Road between 116th Street North and 126th Street North. SANITARY SEWER SYSTEM: The sanitary sewer system consists of approximately 6,980 linear feet of 8 -inch PVC sanitary sewer line, 1,383 linear feet of 6 -inch PVC sanitary sewer force main and a 200 gallon per minute wastewater lift station. Final inspections of the sewer system were conducted on September 19, 2008 by the Public Works Department. All items identified at the final inspection requiring correction to meet city standards have been completed. The construction contractor has provided the As Built drawings and the required two -year maintenance bond for the sanitary sewer system (see attached). It should be noted, that the water system for Crescent Ridge lies within Rural Water District No.3, Washington County. Rural Water District No.3, Washington County submitted a letter dated February 22, 2008 stating that all requirements have been met for the water line installation. STREETS AND STORM WATER DRAINAGE: A final inspection of the streets and storm drainage systems was conducted on September 18, 2008 by the Public Works Department. All items identified at the final inspection requiring correction to meet city standards have been completed. As Built drawings for the streets and storm water drainage system have been supplied to Public Works and have been approved. The construction contractor has provided the required two -year maintenance bond for the storm drainage system and a two -year maintenance bond for the streets (see attached). Crescent Ridge Infrastructure Acceptance Page 2 of 2 RECOMMENDATION: Staff recommends Council acceptance of the Crescent Ridge sanitary sewer system, streets and storm water drainage system. ATTACHMENTS: 1. City Attorney approval of maintenance bond for sanitary sewer 2. Copy of maintenance bond for sanitary sewer 3. DEQ permit # SL000072060434 4. Copy of acceptance letter from Rural Water District No. 3 5. City Attorney approval of maintenance bonds for street and stormwater drainage 6. Copy of Maintenance Bond for streets and stormwater drainage Page I of I From: Lombardi, Julie Sent: Tuesday, June 03, 2008 8:56 PM To: Bargas, Miguel Subject: RE: Crescent Ridge I have reviewed the maintenance bonds for the Crescent Ridge Sanitary System and Storms Drainage & Streets, The surety, Employer's Mutual Casualty Company is licensed to do business in Oklahoma, the attorney-in-fact signatures are authorized, and the amounts of both bonds are well within the company's $79,109,000 underwriting limitation, Therefore, both bonds are approved. I= Julie Trout Lombardi City Attorney City of Owasso 111 N. Main Owasso, OR 74055 (918) 376-1511 (918) 376-1599 fax .... ...... From: Bargas, Miguel Sent: Tuesday, May 27, 2008 11:36 AM To: Lombardi, Julie Subject: Crescent Ridge I am sending you maintenance bonds for review. Will you please reply with your findings. 9.1; 17/210 0 8 AWEMC Castialty C` Bond No, S360373 That Horizon Construction of as Principal, and EMPLOYERS MUTUAL CASUALTY COMPANY of Des Moines, Iowa as Surety, are firmly bound Unto city0fowasso .(hereinafter called Obligee) in the Penal Sumof �� SWy�Six !*������ (��� ) Dollars lawful money of the Un�ed States of America, hzrthepoyrnentofwhiuh.wm!/ondbo�tobe-- made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the said Principal has completed e certain contract, city mowysso Crescent Ridg Subdivision 'Sanitary in conformity with certain specifications; and submits said contract for acceptance by the Obligee. Whereas.a furtheoonditiomofsaid contract is that the said principal should furnish abond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within o period of nwo years from the date of acceptance uf the work under said contract; and Whereas, the said EMPLOYERS MUTUAL CASUALTY COMPANY of Des Moines, Iowa for a valuable consideration, has agreed to join with said principal in such bond or guarantee, indemnifying said Obligee, as aforesaid; Now, therefore, the Condition of This Obligation is such, that if the said Principal does and ahoU at his own cost and expense, remedy any and all defects that may develop in said work, within, G period of Two (2) years from the date of acceptance of the work under said contract, b r t of "o bad workmanship or poor material used in the construction of said work, then this obligation to VZO void; otherwise to be and remain in full force and virtue in law. Date of Formal Acceptance of Contract: Signed and delivered this wtn ip of 20 April 20. o8 Horizon Construction Company, inc,. __- Principal By: For the Obligee (An executed copy hereof is to be retumed to the Surety) 7231(11K)4) Surety U41HOW1 This Power-of-Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a 46&arly scheduled y duIAl I ad .qrid hold in 1999: Pregid, and, ChW �56qutiye Officer. ati� Vice President, the Trea ind the Secret f 1: k6bLVI56: T�'e. Mp oyers: Mutualtas6blt�, 6mpany shall have power a#duthrtrtty to () point attorney in facf ai }duthorrz diem to execute an..beheif of each Company and attach the sea!zf the Gampany Secretary 0 thereto, bonds and uildertatsirs, recagnizances; contiactq of indeni7ifiy anri.,other writings obtigatosy in ttie nature thereof, and (2} t+ remove any such atfomeyra -faef at any time and revoke the po��ec.apd authority grVerl to himr herttiiroeys rn. fact shall have power and authority, subject to the terms and Irt #atronsf:the ey issued to them, contracts to FRxecEiCe`and deliver onehatf of tfte` Gotiipariy,'artd to attach the seal of the Company thereto, bonds acrd undertafcigs, recQgriizanoes, of indemnity and other writings oblua#ory in the rture thereof and any siptl instrument;exeeuted by any such : * '., i attorney -in ' . : . : " .upon the Qompan y. Certification as the va I idft any: poser -oT4 k ,attorney orzedhe rLin made by an officer of EmplMu t 66 sua torpany:s be fd ly; 4nd.ia a respects binding upon this Company The li im He or .a heretofore a Ili raproduced of such officer, whither or or6a �r .w re er:, n a certified copy of ally power-of- attorney bf the Ce no4 v. shalt : b6 valld and N d ff 46uii� Axed. inding upon the Company with the same fori% pn� a act at thouo n be reto :'h 8_:;rorpc)ra e.s6als W: he A ixed this causer these pr -aO o IN WI WHEREOF;ifia. 'o pa':­ 6cau dth to be signed for each by their officers wn d6d th C. day of Seals . ........ . S, Bruce G Kelley, Chairma affray s: irdsi .. 0f`Companies2,3,4,5& ;PreE;fdent: A ..of Compah I� Vi y ,,Vice Chairman and SEAL 1.863 1953 CEO of company 7 n -P 11 Y "MI w 4- /DW On this 2-'ffU)day AD 2007 before me a y app ri�,d'—,ftice 6. Jeffrey S. % Notary Public in and for. the State: of Iowa, Birdsley. who, being by. me duty swam. that th tiod are known to me to be the Chairman, President, Vice Chairman,, an. n i r.. ssistaht decretary, respectively, of each of The Companies abov is ins, ument are the seals of said X.- ...... corporations- that said instrument was slO a I 61f of each of the Companies by authority of their respect! 0 Boards at t66 said Bruce G. Kelley and a kn' a the ""to AL Jeffrey S. Birdsley, as such c cut" n of said instrument to be the men. ve 0, office runt: act and deed of each of the Companies. My Commission Expires N bar 1, 2W8,* 'MTRMAA- WRIGfIT Al t,ly C My Coinm. Up. Hoyj._ZQ�L3 Notaryftblioinand,­ the. tlteoflowa, r-:.S. CERTIFICATE 1, David L. Hixenbaugh, Vice President of the Companies, do herel-)y c11--Irtify Hha I tie foregoing resolution ution of the Boards of Directors by each o . f the companies; and this ,Power j3f Attoniq issued pursuapt thereto on .,JULY g ........ .... . _32007 -.6n behalf of David Lee-Vau ' h - 'lisa Ann Vaugh�n. Karen Davis, Vanessa Kennedy g an re the aW corrw and are stilt: iii.filf khre e .and effect, , 1610slim' 0 iy s M.iereof I hav, subs �:ub rrty<name and:iffixed the facsimile seal of each Company tf 's, 9 zsl�. Ms. Ana Stagg, Public Works Director Owasso, city of 301 West 2nd Avenue Owasso, Oklahoma 74055 Re: Permit No. SL000072060434 Crescent Ridge Lift Station, Sanitary Sewer and Force Main Extension S-21310 Dear Ms. Stagg: BRAD HENRY Governof Enclosed is Permit No. SL000072060434 for the construction of one (1) 200-gpm lift station, 6,980 linear feet of eight (8) inch PVC sanitary sewer line, 1,383 linear feet of six (6) inch force main and all appurtenances to serve the Crescent Ridge, City of Owasso, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on May 04, 2006. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of OwassoCity of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, one set (1) to your engineer and retaining one (11 ) set for our files. Very truly yours, Juslin Hodge' DWSRF/Construction Permit Section Water Quality Division Enclosure c: Brian Kellogg, P.E., Kellogg Engineering, Inc. Rick Austin, Regional Manager, DEQ Regional Office at Tulsa Nathan Kuhnert, Planning & Management Division, OWRB 737 NORTH ROBINSON, P"), BOX 1677, OKLAHOMA CHY, OKI.AHOMA 73101-1677 PfilyltGd or) rerydewl paper with s,,y !Nh. 02/22/2006 08.19 FAX 918 VI 3864 RWD 3 WASH CD It 001/001 Washington Coun", Oklithome P,O. Box 70 Collinsville. Oklahoma 74021-0070 Tel. 371-2055 FAX 371-3864 1-800-722-0353 Relay-TOD — -- --, I February 22, 2008 City of Owasso Attn: J. B. Alexander, Project Engineer P 0 Box 180 Owasso, Oklahoma 74055 FAX 272-4996 Dear Sirs: The requirements by Rural Water District 93, Washington County have been fulfilled and water lines have been accepted for Crescent Ridge, a subdivision located in the NE/4 of Section 6, T2 I N, R I 4E, 101 lots, City of Owasso, Tulsa County, State of Oklahoma. Page 1. of I sarqas Miq , "01 From: Lombardi, Julie Sent: Tuesday, June 03, 2008 8:56 PM To: Bargas, Miguel Subject. RE,- Crescent Ridge I have reviewed the maintenance bonds for the Crescent Ridge Sanitary System and Storms Drainage & Streets. The surety, Employer's Mutual Casualty Company is licensed to do business in Oklahoma, the attorney-in-fact signatures are authorized, and the amounts of both bonds are well within the company's $79,109,000 underwriting limitation, Therefore, both bonds are approved. MM City Attorney City of Owasso 111 N. Main Owasso, OR 74055 (918) 376-IS1 1 (918) 376-1599 fax I am sending you maintenance bonds for review. Will you please reply with your findings, 9/1711/2008 AVEMC . ntp1q (- -!fps ikfutual Casualty Olnpat�y # � M Bond No. 8360374 That Horizon Construction Company, Inc. Ow of a.;so, Oklahoma _ _..._..-......... _ __..._......,.. _._.._ _ ._.. _...__. ..... . _ .............. as Principal, and EMPLOYERS MUTUAL CASUALTY COMPANY of Des Moines, Iowa as Surety, are firmly bound unto City of owasspi (hereinafter called Obligee) in the Pedal Sum of Nine Hundred Twelve mousand Five Hundmd ImintpEight and 211100 ( 912,528.37 ) Dollars — __..._......._..... _._._ ..._— ...__..�.�........_ _ lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves. their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the said Principal has completed a certain contract, city of owasso Crescent Ridge Subdivision - Storm Drainage & Streets in conformity with certain specifications; and submits said contract for acceptance by the Obligee. Whereas, a further condition of said contract is that the said principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of Two (2) years from the date of acceptance of the work under said contract; and Whereas, the said EMPLOYERS MUTUAL CASUALTY COMPANY of Des Moines, Iowa for a valuable consideration, has agreed to join with said principal in such bond or guarantee, indemnifying said Obligee, as aforesaid; Now, therefore, the Condition of This Obligation is such, that if the said Principal does and shall, at his own cost and expense, remedy any and all defects that may develop in said work, within the period of Two ill years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. Date of Formal Acceptance of Contract: Bond Approved: M Signed and delivered this 30th 20 April 20 For the Obligee (An executed copy hereof is to be returned to the Surety) 7231 (1 1104) Horizon Construction Company, Inc. ^" ; W, 0 if 0, EMPLOY R. MUTUAL CAS LTY COMPANY _ _... _ ........... _... Surety° By: area axis Attorney -in -fact This Power -of Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of directors of each of the Companies at a toWarly scheduled meetsntd of each ,dtimpany duly tatted =and held in 1999: 1E9QLVED The president and Ctrief Executive Officer' any Vice President, the Treasurer and the Secretary of:Ernployers Mutual <Casuaify Company shall have power aid thority to (t.) ppoinf attorneys in- Flu fact and authorise them to execute on behalf of each Company and ha6h the seal of the Company thereto, bonds and under€aki gs recogrsizanc ,: contfar s' of it den rriiy and . other writings obligatory in the nature thereof, aid (2) tale * ?any such atfomey rn fact at any time and revoke the power and autnonty givdil to r ar her Atbmeys in -Fact shall have power and authority, subject to the term,: and ttrrtiitations of the ppwerMof- attorney issued to them, to exeCUta'and deliver on b0Qf of tie Company, and "to' attach the seat of the Company thereto, bonds and :6ndertakirYgs, recognizances, contracts of indemnity and other writings oblt latory sn thy. 04tpre thereof and any such instrument executed by any such attorney -in -fact shall be ally and :n all respects:i�nding upon the Company. Certification as to the val�dit of any:potiver of�attorne'' authgriz6d herein'maide by an officer of Employers - Mutu.41 Casualty Company shO be­futty and in all. respects binding upon this .Company : The facsiml €e or mechaaivaily. reproduced signature of such officer, whether made here t 'ore or hereafter, whe. et;. appearing upon a certified copy of any power of attorney f the Company shaftbe valid:and binding upon the Company with the safrie force.anctaffect as noug manually axed. IN bVi�° WHEREOF the'Com a ve caused`these to be sign ned for each b their officers as shown, aYid the Carne rate slats to be hereto affixed this .._ 23t�day of p p g y E3 frSeals ruce G Kelle y' Chaima teeY : Bidsle y r +`} r' z� of Companies , 3, , 5 ; P:eslrient SS9 tant` 5 ugot'y?. t� of Company 1•, .Vice Chairman and C SEAL 1863 ` a 1951: = CEO of Company 7 .a = : ° tAAt • /tS /I /t1tAtAt Y„„e .. ... .. L�,, , On this 3apday of It 1. L_Y . _._AD 211QL___....._ before me a ......... '4111, 1 Nota Public in and for the State of Lava efSonall a eared Btyce G. Kelley and Jeffrey S. Birdsley, who, being by me duly sworn, fitd say that Jiey are, aild are known to me to be the SEAS ; _ - SEAL t SEAL. Chairman, President, Vice Chairman* and C -E and/or sAssistattt.Secretary, respectively, of S. each of The Companies above thatAhe Sea's affixed to #his mstr6ment are the seals of said *f r ws> y ;�K`K �aK <^ , , 1 4� ' corporations; that said instrument. was signed' and seatedon behalf of each of the Companies /t.,`= • ;/ °' ° t °:' by authority of their respective Boards of Dreotors ::ar?d that the said Bruce G. Kelley and Jeffrey S. Birdsley, as such officers, acknbWledo the execution of said instrument to be the T e� `s �� % voluntary act and deed of each of the Companies tt My Commission Expires November 1 2008 Gom€nis�i�n crinb�r1762.5 t Jai c w 1. Nola, i'u. is in and for it�e: State of iosr a Y CERTIFICATE t, David L. HixenbaUgh, Vice President of the Companies, (to hereby corlify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Powobf A :issued pursuant Viereto on benasf of Davidbeefughan,isa:Ant Vataghan; Karen Davis; Vanessa Kennedy re tress aria correct and are stillin fuit force andeffp t, r - It Te >ernony l `hereo` t 6 av sit . nhed F rfr i and affixed the facsimile seal. of each Company M • day a _ AO„ �� & ......::_. ". _ _. . _ ..._......._ Vice - President MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JOHN W. FEARY PROJECT ADMINISTRATOR SUBJECT: ACCEPTANCE OF STREETS AND STORM DRAINAGE SYSTEM LAKE VALLEY II DATE: October 7, 2008 BACKGROUND: The subject residential development is located northeast of the intersection of East 106th Street North and North 145th East Avenue. Construction of improvements was inspected by the Public Works Department. FINAL INSPECTIONS: Final inspections for the streets and storm drainage systems were conducted on September 1, 2008. All items identified at the final inspection requiring correction to meet city standards have been completed. The construction contractor has provided as builts, the required two -year maintenance bond for the storm drainage system and a two -year maintenance bond for the streets (see attached). RECOMMENDATION: Staff recommends Council acceptance of the Lake Valley H streets and storm water drainage system. ATTACHMENTS: 1. City Attorney approval of maintenance bonds 2. Maintenance Bond (copy) Page 1 of I Hancock, Brandon From: Lombardi, Julie Sent: Monday, May 14, 2007 5:47 PM To: Hancock, Brandon Subject: RE: Maintenance Bonds for review. Brandon, Information on the bonds is attached below: ,Julie Trout Lombardi ([ ',ity Attorney City of Owasso 11,I N. Main Owasso, Oklahoma 74055 (918) 376 -1511 (918) 376 -1599 Fax From: Hancock, Brandon Sent: Thursday, May 10, 2007 9:52 AM To: Lombardi, Julie Subject: Maintenance Bonds for review. Julie, Please review the attached bonds and email me with your findings. Garrett Creek Commercial Phase 11 Sewer System - The attorney in fact signature is valid, the surety has a licei)se to dry in OK, and the €, ndeRvriting limit is $4,320.000. Lake Valley II Paving - The attorney in fact signature is valid, the surety possesses a license to do business in OK, aria' thec L,aadersritinrg limit is $701,000. This cuts it a little closer on the amount of the bond and the UndeRvriting limit, but we still have enough room I think. This bond is approved. E. 1031d Street North - The attorney in fact signature is valid, the sr. €rety possesses a license to do business in OK, and the Underwriting limit is $23,401,000 for Mid - Continent and $145,5:31,000 for Great American Insurance Co, The t,ord is approved_ Lake Valley 11 Storm Drainage System - i _ y in lad signature is 'VaIld, the surety is licensed to business. riti €lC in-,;l i5 fit, rl %. , , -e bond's approved. I have sent a copy of these inter office mail for your review Infrastructure Inspector City of Owasso Public works Department Office: 918- 272 -4959 Cell: 918.693 -0373 Fax: 918-272-4996 Mab.acr-,tiLrt(-e Lm-i(I PRIVXI'Etly FINANCED ICI_ BLIC IMPMIVEMI..=INTS Bond No. GR 7120 KNOW ALL MEN BYJ'1-.-IESE PRESENTS, That we.. Lake Valley Investment Trust Group, L.LC as Principal (Developer and Contractor), and. Granite Re, Inc. Surety, are held and firmly bound unto the City of Owasso, as Obligee, in the penal sum of Six hundred seven thousand, three hundred twenty-five dollars & 66/100 ($ 607,325.66 as which payment will and truly to be made, we do bind Ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of 2 (two) - year(s) after final approval of the Paving project for Lake Valley 11 Subdivision a privately financed. public improvement, and acceptance of such by the City Council of the City of Owasso, against all defects in workmanship and materials which may become apparent in Such privately financed public, improvement during said. period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATIONS IS SUCH that the Principal and/or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND D TED: April 10, 2007 Lake Valley Investment Trust Group LLC Principal Suretv in-Fact Attach Power of Attorney Maintenance Bond PRIVAITLY FINANCED PUBLIC IMPROVEMENrl'S Bond No: _ "s -935 -594 KNOW ALL MEN BY THESE PRESENTS, `I"hat we IIZA %114, GREIN CONS71 RI.,rCTI(.JN CO.. as Principal (Contractor), and THE 01110 CASUALTY INSURANC17 COMPANY as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of J]Vf� IIU INDRED 1"IVE T110USAND, TWO HUNDRED "TWENTY f"OUR AN.[) 78/1.00 DOLLARS— ($505,224,78) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEARS after final approval of the LAKE VAI.,I-.EY 11 STORM DRAINAGE SYSTEM, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE-, THE CONDITION OF THIS OBLIGATION I'S SUCIJ that the Principal and/or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. I SIGNED, SEALED, AND DATED: MAY 1, 2007 IRA M. (3RE1 N CONS-17RUG]JON CO. Principal BY: BRIAN GREEN, ESIDENT THE Olift) CASUA1,TY INSUIZANCECOMPANY, Surety BY.. - - - e" 1�4" C--e - Attorney -in -Fact . ..... ---- --- . ...... . ...... JULIXI CLICK, MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JOHN W. FEARY PROJECT ADMINISTRATOR SUBJECT: ACCEPTANCE OF SANITARY SEWER SYSTEM FOR KUM & GO AT E. 86TH STREET NORTH AND N. 145TH EAST AVENUE DATE: October 17, 2008 BACKGROUND: The subject commercial property is located on the northeast corner of E. 86th Street North and N. 145th East Avenue. The infrastructure improvements include the addition 310 linear feet of eight (8) inch DIP sanitary sewer line. Construction of the improvements was inspected by the Public Works Department. FINAL INSPECTIONS: A final inspection for the above stated infrastructure improvements was conducted June of 2008. All items identified at the final inspection requiring correction to meet city standards have been completed. The construction contractors have provided the as builts and the required two -year maintenance bonds for the system improvements (attached). RECOMMENDATION: Staff recommends Council acceptance of the Kum & Go, E. 86th Street North and N. 145th East Avenue location, sanitary sewer system. ATTACHMENTS: A. City Attorney approval of maintenance bonds (copy) B. Maintenance Bonds (copy) C. DEQ Permit # SL000072061540 (copy) The attorney-in-fact signature is valid, the surety is licensed to do business in Oklahoma, and the amount of the bond is well within the $4,358,000 underwriting limit. Therefore, the bond is approved. Julie Julie Trout Lombardi City Attorney City of Owasso 111 N. Main Owasso, OK 74055 (918) 376-1511 (918) 376-1599 fax From: Hancock, Brandon Sent: Monday, March 17, 2008 4:43 PM To: Lombardi, Julie Cc: Alexander, IB Subject: Maintenance Bond for 145th and 86th Kum and Go. Store 876 Julie, I am forwarding you a bond to review. Upon your review please reply to this email with your findings. Thanks in advance for your assistance. Brandon Hancock City Of Owasso Maintename Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: OKC 46900 KNOW ALL MEN BY THESE PRESENT-S, That we HENNING CONS'T'RUCTION COMPANY as Principal (Developer and Contractor), and MERCHANTS BONDING COMPANY (MUTUAL) as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of FORTY -SEVEN THOUSAND SIX HUNDRED FIFTY AND NO/100 DOLLARS ($47,650.00) to which payment well and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. vVHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEARS after final approval of the OWASSO #876 KUM & GO CONVENIENT STORE, a privately financed public improvement, and acceptance ot'such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and/or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: MARCH 10,2008 HENNING CONSTRUCTION COMPANY, Principal —e/- C,-- MEREILNNTS BONDING COMPANY (MUTUAL,), Surety .BY: , / Attorney- in --Fact Dianne S. Riley L/ SEWER LINES December 14'2OO8 Pursuant to O.S. 27A 2-6-401, the City ofOwasso is granted ' Tka | Permit to construct 31'0 /inearfeetofeight (8) inch DIP sanitary sewer line and all appurtenances to the Kum & Gm#876` located in the NV/4o[ the NV/4of the NV/4of Section 22. T-21-N, R-14-E, Tulsa County, Oklahoma, in ' ncoordmncmviththep|ansapprovadonDwnenber14.2OOG. By acceptance of this permit, the permittee agrees to operate and maintain the faci|�����`� D�oha�e-OPDES(�P�E8)m|���A�����GO5andbuonm������3�� ''— `� ' � comply ����neUon |ovm; Title 59, Section 11U1-111G O.S. and the rules and regulations adopted State regarding the requ}narnontafor madi�edoperators, = This permit hoissued subject to the following provisions and conditions. 1\ 2) 3\ 4) 5) 6) That the recipient of the permit ks responsible that the project receives supervision and inspection by competent and qualified personnel. That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. That nm significant information necessary for a proper evaluation of the project 'hoobemnomni�ed orno invalid information has been presented in applying for the permit. That wherever water and sewer lines are constructed with 1Oi���o�U� pn�eotkonwU|bo provided in accordance with OAC 252:G56-5' kA~)ofthe8bandordo' for -VVob*r Pollution Control Construction Standards. That tests will be conducted as necessary to insure that the construction of the sewer lines will prevent excessive infiltration and that the leakage will not exceed 10 gallons per inch of pipe diarneterper mile per day. - That the Oklahoma Department of Environmental Quality shall be kept informed of occurrences which may affect the eventual performance nf the works m that will unduly delay the progress of the project. im 07NOR��N|N0�Ml BOX |67�OK0HOMAOTY8KNHOMA730l')677 pfir'tld anmryc"1;2d PAP"r soy if lk ~~ MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JOHN W. FEARY PROJECT ADMINISTRATOR SUBJECT: ACCEPTANCE OF SANITARY SEWER AND WATER SYSTEMS THE CENTER AT OWASSO DATE: October 17, 2008 BACKGROUND: The subject commercial development is located at the intersection of East 96th Street North and N. 121" East Avenue (Smith Farm Shopping Center). The development consists of approximately 1,535 linear feet of eight (8) inch PVC sanitary sewer line and approximately 1,843 linear feet of eight (8) inch PVC water line and 450 linear feet of six (6) inch PVC water line. Design of the sanitary sewer and water systems were reviewed and approved by the Public Works Department in September of 2007. FINAL INSPECTIONS: A final inspection of the sanitary sewer and water systems was conducted by Public Works personnel on September 18, 2008. All items identified at the final inspection requiring correction to meet city standards have been completed. The construction contractor has provided the as builts and the required two -year maintenance bond for the system. RECOMMENDATION: Staff recommends Council acceptance of The Center at Owasso's sanitary sewer and water systems. ATTACHMENTS: A. City Attorney letter accepting Maintenance Bonds B. Maintenance Bonds for both water and sewer (copies) C. ODEQ Sanitary Sewer Permit # SL000072070990 and ODEQ ODEQ Water Permit # WL000072070989 (copies) ffiancock, Brandon From: Lombardi, Julie Sent: Wednesday, July 02, 2008 6:39 PM To: Hancock, Brandon Subject: RE.- Center at Owasso Maintenance Bonds I have reviewed the Maintenance Bonds for the Center at Owasso waterline and sanitary sewer system. The attorney -in -fact signatures are authorized on both bonds, the surety on both bonds is licensed to do business within the State of Oklahoma, and the amounts of both bonds are well within the surety's underwriting limit of $89,622.00. Therefore, both bonds are approved. Julie Julie Trout Loxnbardi City Attorney City of Owasso 111N.Main ' Owasso, OK 74055 (918) 376-1511 (918) 376-1599 fax From: Hancock, Brandon Sent: Thursday, June 26, 2008 4:55 PM To: Lombardi, Julie; Stevens, Roger Subject: Center at Owasso Maintenance Bonds Julie, I am forwarding you the Sanitary Sewer and Waterline bond for your approval. After you review please respond to this email with results. As always I thank you for your assistance. Brandon Hancock City Of Owasso ,! 'lain tew,ance and PRIVAITLY FINANCED PUBLICINNIPROVEMENTS Bond No: 5342587 KNOW ALL MEN BY THESE PRESENTS, That we Cherokee Builders, Inc.. as Principal (Developer and Contractor), and Einp!oyers Mutual Casualty Company, as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of Two IlLindred. Seventy Nine Thousand Nine Hundred Thirty Three Thousand and 00/100 Dollars ($279,933.00) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEAR after final approval of the T*he Center at Owasso Waterline, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and/or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: June 20.,2008 Chero;kee' uilders, Inc., Principal. BY: - L 4 z Employers Mutual CaSL141ty COrripany, Surety BY Attorney-in-Fact Cin Smith celq 11 9 Attach Power of Attorney AV EMC v C. -tpanlies OC Box 71 - Deg.; Moines, 1A 50306-0712 a a ..CERMFICATE OFAUTHODITY I I 1 f - III -FACE` KNOW ALL MEN BY THESE PRESENTS, that: 9 Emplqydill utira! Casualty Cor pan y" an Iowa Corporation 5. Dakota Fire insurance Company; a NortFt;�a trta Corporation 2 1IC00 [rasurance Cempriy, ar€ hiWe.iorpratior, 6. EtC.Eroperty & CaauaOty Cmpany, an iisyra G:orperatlor t r iori Irasurance;Company of:Providarice. an Iowa Corporation 7: Hamilton Mutual Insurance Company, an tnwaiCorporat'rotF 4 Iliinoia EMCA sCQ lnsurance Crsr"n patty, air i6.wa corporation hereinafter referred to SGve[uliy.as "Company" ana a Alec tively as "Companies ", each does, by these presents, make, cans#ifute mill ap oinl; JENNIFER L `DEATH.ERAGE, _PETE FENNELL, KIM KINGERY CROWSON, CINDI,L 'SMITH ,'KELLY R HI 7, D,ELENE LOVITT; INDIVIDUALLY, ARDDMORE'QKLAHOMA its true and lawful attorney In fact v;th fi.rll po,#er and authority conferred to sign, seal, and execute its lawful .bonds, :undertakings, grid gtheC obligatory in of a similar nature as follows: " IN AN AMOUNT NOT EXCEEDING TEN MILLION DOLLARS .. ............................... .., .,. ($10,0004000,.00) and to bind each Company thereby as fuNy and to the :same extent as if.such instruments were signed by the doily attNionzed o#ficers of earl, such Company :and.all of the acts of said attorney pursuant to the a€itf City hereby givers aFe hereby ratified and confirmed. The authority hereby granted shall expire __.:: - - APII=a., -01.1 unless sooner revoked AUTHORITY FOR MINER OF ATTORNEY This Power of f tiatney is triads and xecutett. pursuant to and by the authority of the following resolufion of. lle Bowds pf f�irectors of :each of the Companies at a regularly scheduled' meeting of ea h erampenytltily iyal #ed arid field in 1989: RESOLVED:. The President Chiefi Executive 4 cer; any> ice President, the Treasurer rand the ecretary of Employers Mu teiai Casualty Company shall have power and authority to (1} appoif adomeys in fait an authorize' them to execute on behalf of each Company and at�a h the'seal of the.: Gonpany thereto, bonds and undertakings, recognizances, contracts of indemnity and: other writings obligatory in the nature thereof, and (2j' to remove any such attorney -iii fact at any time and revoke the power and authonty given to him ar 1,er Aft«meys in -fast: steal! have power and authority, subject to the,terms and limitations of tfie pow.ar of attorney issued to ,them, to execute and dgliver;on behalf of he Company and to attach the seal of the Company thereto, bonds and uncle kings reciagnrzaripes; contracts oiriridemnrty:and other writings obligatory in the nature thereof, and any such Instrument executed by any such affomey -jh fact. shat! be fully and in all respects binding upon the Company. Certification as to the validity of any, power of- atiomey "authorized herein made by an officer of Employers :Mutual Casualty Company sl�ali be fully. and, in all respects binding upon this Cptnpariy, The facsimile',or mechanically reproduced 'signature of such officer, whether ttiade tiers #ofore or =:hereafter,' Wherever appearirig upbh a certified copy of any pour- dt~attorney of the :.G smpany; sh Il be 'I' and binding upon the Company with the same force andaffect:as though.manualip `atTixed: IN WITNESS WHEREOF,_;the iC,ompanias Piave. caused 'these pfesents;to be signed for each by their officers is-shown nR and the C#orate;seals to b ttereld affixed:this day of - - ....1 -ai f— ��aUR -- 2008= Seals I,a „+ Bruce G: Kedley, hairman J ey 5 Birdsley <.• f,, ,, w •,s of.Companles 2, 3, 4, 5 & ; President Assistant Secretary y6yP7 ✓q � oaPOaa�s �p POfiq - of Ctom any 1; Vice .Chairman and SEAL 18$:'� 1953 a CEO otCompany.7 a` , �Qwik ♦ :� 0Nh ;,to) RAN, , s u `,ssu {i On this day of ___ ARy Aft .__ 2008.__ before me a is fa r AC, s;, ate , :6'yc •' 1 c i,�r r.+ �.,e oI? o k� t �N -0;i o .�� aor.� ��, Notary voter nl and for the Late ..01-16 ws personally appeal ci Bruce G. Kelley and Jeffrey S. a Birdsiey, who, being by meuly,sworn dtd,say that they :are and are;known tome :to be the t: SEAL SEAT s b SEAL Chairman, President, Vice:Chairman .and ;E0,�bfid/gr respectty (y, of T; �> each of The Companies above that the seals;af;IXed tot: is instrument are theseals of:said ci rporations; that said instrumentwas signed' sealed on be#�a#f of each-. of the Companies by authority of their respexilve 4oards of Directors; and that the said Bruce G. KeNBy Arid UAL r1�U Jeffrey S. Birdsfey, as such officers, = acknowledge the:eA ;ution `af said rnstrumerit to be the uTU �i �!� voluntary act and deed of each of the Companies 4 My Commission Expires September 30 2009.::. �.' RUTA #(RUMIN r Corm #scion Numbel176255 V�+�wMr�...► y:� dept. "30 2#19 Omm. Up. Notary Public in;and';for1he State of k wa CERTIFICATE I, David L, Hixenbaughr trice President of the Corn,mnies, do hereby certify that the foregoing resolution of the Boardiof Directors by each of the oirrpanie and this F?o�ve Of z horns.. issued pi rrsaant thereto on >...:JANUAR`l rsn bete, #f Jehhif6r L ' Deatherage, Pets? rid Fennell;. Kim. Kingery Growsan, Cindl. L Smith,.ICelly Hitt;;; Delene Lovrtt T ate true a correct and -are still in j l€ ibrc, and?e�fact. In Tesfinttzny treieraf i rig i I ed sly. na . e and affix d the facsimile seal of each Comps; $y tt is rr _ 7f r . -„ Vice-President INILk M tC 11 .4 11 Ce Bond PRIVA]'ELY FINANCED PUBLIC IMPROVEMENTS Bond No: S342587 KNOW ALI. MEN BY THESE PRESENTS, '17hat we Cherokee Builders, Inc.. as Principal (Developer and Contractor), and Employers Mutual Casualty Company, as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of Tvvo Hundred Thirty One `Thousand Seven Hundred Ninety Eight and 00/100 Dollars ($231,798,00) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEAR after final approval of the The Center at (.)W&,;so Sanitary Sewer System, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and/or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: June 20.2008 Cherokee . uilders, Inc., Principal BY: Employers Mutual Casualty Compa4,, Sq1rety BY, Attorney -in -Fact cirC inSmith Attach Power of Attorney "Iles N ....CERTIFICKfE OF AUTHORITY INDIVIDUAL ICI w AT` RNE Ill -FACT KNOW ALL MEN BY THESE PRESENTS, that 1 Employers Mutual Casualty Comp' any an Iowa Corporation %elate Fire Ir at3rancs:Compar y; a North: kot Corporation EMCASCO'Irtsuraoce't,ompany, an IaWa corporation , EI G Property Casualty corn ny, an lo? a`Cor oration t hiorr tnscrrar ce Company of Providence, ail Iowa corporation 7, Hamilton Witual Insurance ont any, an Irma Corporation 4 IllinpisiACt? insurance Ocapany, air ioa Carporattan herernafterreferred to s, vpratly as "Company" and cE 'lectiyely as "Companies", each does, by tneso presents,:ma3se, constitute ar:ld appQint> JENNIFER L DE-ATH.ERAGE, PETE:FENNELL,,.KIM KINGERY CROWSON, CIND# L SMITH, KELLY R, HITT, D;ELt NE LOVITT, INDIVIDUALLY, I RDMORE; °:OKLAMaMA..! .. .... .:.................. .......... ......... ....... .... .....:..:. ,...... , .... .... its true and lawful altomey -iii fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and a(her obli tOy instruments bf a similar nature as folfows: IN AN AMOUNT NOT:EXCEEDING TEN. MILLION DOLLARS ........ ($10,000,000.00) and to bind each Company thereby as fully :a to #he:same extent as if. such instruments were signed by the e{uly atiionzed:ofifiCers of each such Company; and alt of, the acts of said attorney pursuant to £tie at thority: :i1ereby given are hereby ratified and confirmed. The authority hereby granted shall expire nrsR11, 201_1% __.._.._ unless sooner revoked. Al TNOR#TY FOR DOWER OF ATTORNEY This Power of AttgCney 3s made and execu #ed:.pufsuant to and by the authority of the following resolution of the Boards of bireo#ors of :each of the Companies at a r gularfy seheduleel meeting ofea_ company tiuty called acid hald in 1999: RESOEV>±ta the t?restilent,and Chief Execirfiye Officers any.atice President, the Treasurer'andthe Secretary, of Employers Mutual Gesualty Company shall have power and autF�ority to (1) appoint, attorneys rn fact and authorize` them to execute on behalf of; each Company and attach the seal:.Qf the Company thereto, bonds and undertakings, recognlzances; contracts of indemnity and'iither writings obligatory in the nature thereof, and (2) to remove any such attorney -in -fact at any time and revoke the poorer and aufhionty given to him ors her. Attfteys ,iii -fact shalt have power and authority, subject 6 the >terms and fimitations of the pow3 c of attorney issued 14 #hem, to execute and da(iver on behalf of 1tie Company and`to attach. the seal of the Company thereto, btirtds and u' dertakirtgs recognizances contracts of indAMnity and other writings obligator y in the nature thereof, aril any stick "instrument executed by any such attorney-16-fad shalt be fullyand in all respd�t� binding t porF the Company. Certification as to'the validity of arty, power of- attoniey;authorized herein made by an officer of Employers Mutual Casi)aity.:Company shalt be fuily:ilnd in all respects binding upon this Gomparay..The facsimile or niechariically reproduced signature of such officer, whether ftiade fiieretofore orbereafter`4herever °appearing upon a certified copy of any power• of- attorney of the Company; shall be valid, and binding upon the Company with the" saute force and affect:as`though manually xed;: IN WITNESS WHEREOF,. the Companies have. o6dseflhese presents to be sighed for each by their officers asshown;'and the. Gvrporate:seals:to be Hereto affixed this day of Seals _...M� Bruce G Kelley, hainrian J ey S: Bir#sley.:. S'1111 Y. 4��, c °,U '�etY` of Companies 2, 3, 4, 5 & ; President. Assistant Secretor. Z. yJ 4,APRR4j- -P pAP9R4l of Company 1• Vice.Chairman and is ;. SEAL b 1863 ; l 153 CEO of Company:7 On this 1gTTH day ,af _. t.___ ANAFi.Y AD _ 2008 before me a `� ��` "" 4s Notary Public in and for the Slate of Iowa personally appeared Bruce G. Kelley and Jeffrey S. rox F q QHeoR�,b Sirdsle who, being b me du) swom, did say that the are and are known to me to be the w SEA{ _ SEAL x SEAL : Chairman, President Vice:Chatrman and CEO, andlor. Assistant. Secretary, respectively, of n F 'oT ° each of The Companies above;.- that the seelsaffixed to this instiment are the seals of said s c, P �JX corporations; that said fnstrurnent:was;signed and sealed on bohatf of each: of Companies by authority of their respective Boards of Directors; and that ttae said Bruca,.G. Kelley and v� A t,�s Jeffrey S. Birdsley, as such officers*,; a knowW e the;execu#iorf.W said instrument to be the 1JT 1 U9 voluntary act and deed of each of the Companies v My Commission Expires September 30, 2009.. . r ,rt Corii iiWon Number 17525& HR r My Comm, Ex Sent 30 2009 Notary Publto in and.far the State of Iowa CERTIFICATE 1, David L. Hixenbaugh, dice President of. the Companies, do hereby certlF that the foregoing resolution of the Boards of Directors by'-each, of the Ctarnpanie , �incl this:Power of Attornayissii.ed pursuant thereto on ...._._.__ -- JAI'�1.LIAAY- ..]:.8,.2Ii08 Oil beh�ilf:if _. _�_� .................. JenniferL [33aetherage, PeteFenrielf;.Kim Kingery Crowson, Cindl L. Smith; Kelly:R Hift;;Deiene Levitt are tr3.e a3i4 correct and are still in full force and effect. , In estirrif�n r i ;hereof I have sub sfribed � namo and affixed the f . ,simile seal of each Company till , clay of - -- .�— ,z�... r =. , _.� __ Vice - President STEVEN A. THOMPSON Executive Director October 16, 2007 t OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY Mr, Roger Stevens, Interim Public Works Director City of Owasso 301 West 2nd Avenue Owasso, Oklahoma 74055 Re: Permit No. SL000072070990 The Center at Owasso Facility No. S21310 Dear Mr. Stevens: BRAD HENRY Governor Enclosed is Permit No. SL000072070990 for the construction of 1535 linear feet of eight (8) inch PVC sanitary sewer line to serve the The Center at Owasso, Tulsa County, Oklahoma, The project authorized by this permit should be constructed in accordance with the plans approved by this Department on October 16, 2007. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, one (1) set to your engineer and retaining one (1) set for our files. 6gard, P.E. Construction Permit Section Water Quality Division SH /RC /ab Enclosure Rick Austin, Regional Manager, DEQ Regional Office at Tulsa Malek Elkhoury, P.E., Khoury Engineering, Inc. Gene Doussett, Planning & Management Division, OWRB 7it111i}RfH ROBINSON, P.il, BOOR 1677, OK!AHOPAA fI1Y, OKLAHOMA 73101 -16,7; n, in[EX` 0111 recycled paper with 'soy hK 0 October 16, 2007 Mr. Roger Stevens, Interim Public Works Director City of Owasso 301 West 2nd Avenue Owasso, Oklahoma 74055 Re: Permit No. WL000072070989 The Center at Owasso Facility No. 3007218 Dear Mr, Stevens: Enclosed is Permit No. WL000072070989 for the construction of 1843 linear feet of eight (8) inch PVC water line and 450 linear feet of six (6) inch PVC water line to serve the The Center at Owasso, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on October 16, 2007. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, one (1) set to your engineer and retaining one (1) set for our files. Sincere .yr` Steve ggard, P.E. Construction Permit Section Water Quality Division SH /RCIab Enclosure Rick Austin, Regional Manager, DEQ Regional Office at Tulsa Malek Elkhoury, P.E., Khoury Engineering, Inc. Gene Doussett, Planning & Management Division, OWRB 707 NOR! H NBJUY , {'.0. BOX 14,711 ;', ORAHOW CITY, ORANWA 73101-161/ Printed On R-rcyde+d ;wirer with Bey in„ MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JOHN W. FERRY PROJECT ADMINISTRATOR SUBJECT: ACCEPTANCE OF ENGINEER AGREEMENT DATE: October 17, 2008 BACKGROUND: At the May 17, 2005 City Council meeting, the Engineering Design Criteria, Construction Standards, and Standard Details were adopted by the City Council. Documents required as a result of that adoption include two different agreements, one which must be submitted by the developer and one which must be submitted by the developer's engineer. The agreements are as follows: ENGINEER AGREEMENT The agreement required to be submitted by the developer's engineer is titled "Agreement for Urban Engineering Services" (Section 0114.1(B)). This agreement requires the engineer to list all improvements associated with the proposed development, attest that all designs will be in compliance with City standards (outlined in the design criteria), pay all fees associated with the plan review, attest that he /she is a Registered Professional Engineer in the State of Oklahoma, and attest that he /she maintains Professional Liability Insurance in limits directly correlated to the cost of the project specified in the attached agreement. The liability insurance to project cost ratio schedule is as follows: Project Cost Less than $500,000 $500,000 - $1,000,000 Greater than $1,000,000 Professional Liability Insurance $250,000 $500,000 $1,000,000 DEVELOPER AGREEMENT The agreement required to be submitted by the developer is titled "Agreement Guaranteeing Installation of Improvements" (Section 0114.1(C)). This agreement requires the developer to submit engineering drawings for the proposed improvements, provide oversight of his /her construction contractor to assure compliance with the approved plans, and submit "as- built" drawings upon completion of the construction of improvements. On December 18, 2007, Council approved an amendment to Section 0114.1 -B of the Engineering Design Criteria, Construction Standards, and Standard Details thereby allowing for a stepped schedule of Professional Liability Insurance coverage required by design engineers. Since the approval of the Engineering Design Criteria, Construction Standards, and Standard Details, Developers and Engineers alike have complied with the above requirements and submitted both agreements. The mayor's signature is required on the "Agreement for Urban Engineering Services" (Engineer Agreement), therefore Council approval is needed. RECOMMENDATION: Staff recommends Council acceptance of the following "Agreements for Urban Engineering Services" (Engineers Agreement) and authorization for the Mayor to execute each agreement: 1. Crafton, Tull, Sparks and Associates, Inc., The Greens at Owasso Phase II, 13600 E. 84th St. North. 2. Kellogg Engineering, Inc. Lakeridge Shopping Center, West of the Intersection of East 86th Street North and North 129th East Avenue. Owasso, OK. ATTACHMENTS: A. Executed "Agreements for Urban Engineering Services" AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and L/Z,A P70r-J,, hereinafter called "Design Engineer ". WITNESSETH: WHEREAS, the Design Engineer has been employed by the Owner/Developer /Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project ", upon easements and rights -of -ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to -wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements STtIECT.S VT1 L 1 Tt EJ 141,10 17nA� /,- t P17rI- AeL O l° of C wAJ3Q fl rOJ4 eLTr-1 r NT S TH C Gnr&,lj APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso which shall be located on the following described tract of land: A PAai OF -rH5 N5 c oluv6l� SC-L 28 21 t-J . OF 1N1) I q^J 64SC 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso It Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he /she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he /she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Project Cost Less than $500,000 $500,000 - $1,000,000 Greater than $1,000,000 Professional Liability Insurance $250,000 $500,000 $1,000,000 APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso (Project Costs to be as defined in Section I of the attached Specifications for Urban Engineering Services) and that he /she will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I, Section II and Section III of the attached Standard Specifications for Urban ; Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso Executed by the City of Owasso, Oklahoma, on the day of 120 Executed by the Design Engineer on the day of CITY OF OWASSO, OKLAHOMA a municipal corporation ATTEST: Mayor City Clerk APPROVED TO FORM: I!I / i i City Attorney PPP r I; r DESIGN NGINE /ER r Design Engineer BY I/' Title ATTEST: Secretary 20 APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and Kellogg Engineering, Inc. hereinafter called Engineer ". WITNESSETH: "Design WHEREAS, the Design Engineer has been employed by the Owner /Developer /Subdivider of the herein described real property to prepare all project plans and specifications to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project ", upon easements and rights -of- ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to -wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements which shall be located on the following described tract of land: Lakeridge Shopping Center, Part of the SE /4 of Section 20, T -21 -N, R -14 -E, IB &M, City of Owasso, Oklahoma, West of the Intersection of E. 86th St. N. and N. 129th E. Ave. APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current design criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of Fifty Dollars ($50.00) for each plan sheet submitted (other than plan sheet Standards of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specification for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he maintains and is covered by Professional Liability Insurance in limits of not less than $1,000,000 and that he will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I and Section of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso Executed by the City of Owasso, Oklahoma, on the day of , 20 Executed by the Design Engineer on the g rrl day of EF Er'nBL R 2002?. CITY OF OWASSO, OKLAHOMA a municipal corporation BY Mayor ATTEST: City Clerk APPROVED A • •' Attorney City PPRO 'D .- . . Engineer By President Title ATTEST: ecreta APPENDIX B, PART II AGREEMENT FOR URBAN ENGINEERING SERVICES 5.18.05 City of Owasso MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: ANNEXATION — OA -08 -03 DATE: OCTOBER 15, 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 96th Street North and half of a mile east of North 129th 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 RE (Residential Estate) Zoning Designation. The Owasso Annexation Committee recommended approval with no concerns. PLANNING COMMISSION HEARING: The Owasso Planning Commission considered the request at a public hearing on October 13, 2008. At that meeting the Owasso Planning Commission unanimously recommended that the City Council approve the annexation request. RECOMMENDATION: Staff recommends approval of the annexation request. ATTACHMENTS: 1. General Area Map 2. Letter Requesting Annexation 0 s pt f SUBJECT PROPERTY CITY OF OWASSO 9/15/08 Legend I I I N. Main street 0 P.O- Box 180 Owasso, OK 74055 North TICS NIAP IS FOR INFORMATION PURPOSE. (7)NT-'V AND IS NOT IN'i'ENI-3E13 TO REFRI3SnNT AN ACCURATE AND TRUE SCALE. USE OF THIS MAP IS WrrHOUT 918.376-1500 WARRANTY OR FMFnESENTArION 13 Y CITY OF OWASSO OF rrS ACCURACY. Tyann Development Co., Inc. P_O. Box 397 - Owasso, OK - 74055 PH:91 8-2744517 FAX-919-274-0413 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 then 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 96th 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, V f'L e 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 15, 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 121" 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 considered the request at a public hearing on October 13, 2008. At that meeting the Planning Commission unanimously recommended that the City Council approve The Center at Owasso Amended Final Plat. RECOMMENDATION: Staff recommends approval of The Center at Owasso Amended Final Plat. ATTACHMENTS: 1. General Area Map 2. The Center at Owasso Final Plat Amended °s 0 a 0 0 A- . �— OV -- E 9f TtfiS W Z SIT Q LOCATION Q SMl H ARM MARKETPLACE MARKET G rravro� i TYANN,X THREE . THE CENTER AT OWASSO 10/06/08 Legend 0 North MAP IS FOR INFORMATION PURPOSE ONLY AND IS NOT INTENDED TO ESENT AN ACCURATE AND TRUE SCALE. USE OF THIS MAP IS WITHOUT' RANTY OR REPRESENTATION BY CITY OF OWASSO OF ITS ACCURACY. OW*O MAr- r / TYANN PLAL TYANN PLAZA V11 10/: / y ./ CITY OF OWASSO 111 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 Point of commencement NW Corner NW 14 N014 of Section 20. F -21 -N, R- 14-1 North V: SectA- 20, T -21 -N. R -14 -E W VA At= � $ Pelnl of Bylndog $ - — q Final Subdivision Plat \ 'r NOP60b0'y / ♦ 6l.TI' �I \ A Resubdivision of Lot 1, Block 1, OAK TREE BUSINESS PARK l�y1l Un- Platted p s Lot 3 and LOT AREA 4w F � Let 1 3J.260A3 5F 7.71111 A— 1 INA - LAM a M ACCfb9 Lot 2 t30.0111.72 5F 23115 A— Let 3 47.566.50 5F 0.978 A— q to 271AOI LMA 111' INA ffizill Let 4 76,176.37 5F 1.749 ARM 96th STREET NORTH 1z mstfvmenl No. / 24129914, Lot 5 SS,MAG SF 0.024 A- - - iw�ivMO gwk S).E 8 e9'67.42. It - IMILee' Plat No. 5827 0 $ L� 110957'47 5' Off P.eml e R - �I I r77J Block I a � en•/.Nnkp hsHUmenl Aa 1llp >gR TO0sP5TPT9 I'CI i I �i I� si � �v F weo I LI I 769.10' A .r {rw• � FLOOD NOTE R-M.00, L- 09.74' I I 17.5 VFW I -I 1.as/ 0 h/ O •@09'u' 9- 600.ao' i v o L -71.M' M41A6' ... Th4 p,.Wy 4waiMd hefeon le located !n 4 ►y food cane "It- uNSMA0E0'. ee Iw Ree Nap. Np No. 40 23ca and 4014300237", camnunity 1'01191 Ne. 409210 0238H and 0237M, eNeRWe cat. 9opt—be, 22, It". Final Subdivision Plat \ 'r NOP60b0'y / ♦ 6l.TI' The Center at Owasso \ A Resubdivision of Lot 1, Block 1, OAK TREE BUSINESS PARK Smith Fnrm S at Marketplace 2 Plet No. 5827 an addition to the City of Owasso, Tulsa County, State of Oklahoma p s Lot 3 and 6239 Douglas Aw. Suite 1300 A part of the NE /4 NW /4 of Section 20, T -21 -N, R -14-11, of the I.B. & M, City of Owasso, Tulsa County, State of Oklahoma Let 3 lack Addition has 5 Lots in 1 Block and INA - LAM a M ACCfb9 contains 14.324 acres, more or less. I / to 271AOI LMA 111' INA ffizill Ift2I'LNA 96th STREET NORTH 1z mstfvmenl No. / 24129914, (FLY •� - - - - iw�ivMO gwk S).E 8 e9'67.42. It - IMILee' Plat No. 5827 J15.td� T� �j�'� C f .p.t3' I 110957'47 5' Off P.eml e F - �I I P0e'741t 1?°D Block I a � en•/.Nnkp hsHUmenl Aa SI Lot L TO0sP5TPT9 I'CI i I Lot 4 I� si � I F weo I LI I 769.10' A .r {rw• � Ia7zse•xt R-M.00, L- 09.74' I I 17.5 VFW I -I 1.as/ 0 h/ O •@09'u' 9- 600.ao' i v o L -71.M' M41A6' ... J Lot 2 w26 ♦ e I I� I I� Is I" a Is11e•4e• 6 I 66.66 9Af•ud�5�•w /v e�C 410 Lot 5 f9" �•574'09'14"f1 \ 'r NOP60b0'y / ♦ 6l.TI' LWWNO \ \ Smith Fnrm S at Marketplace 2 Plet No. 5827 \ p s Lot 3 eA UK - ouapeq UA - Onu17 omw 6239 Douglas Aw. Suite 1300 �76• tit [H10 IIIE - NVIVAL AC0121 LASBe f Let 3 lack \ INA - LAM a M ACCfb9 B 1 I / ®- O°peAric gafAa Smith Farm 1435 East 41g1Ost Stet mstfvmenl No. / 24129914, Marketplace `r6• cwmm- W bUfodgl4n Nn J>,1 Plat No. 5827 11gYM 41714 70. 2001 I SURVEYOR 5' Off P.eml e Harden k Auodat6s e- 74'00'00" A'pn Eoparra,l 2004129914. I I� I I� Is I" a Is11e•4e• 6 I 66.66 9Af•ud�5�•w /v e�C 410 Lot 5 f9" �•574'09'14"f1 R. 14 E. _�_ r� nAer x�a xn+rm M 1 m, NE Caner NE 14 NW 14 - of Seclian 10, R -14 -E R 44.67'14' 6 - 96.98' Off P 'ses �nfinenf No. 1 2004129914. o q Is Iq 3 Addltfenol R/W Pror. �� e- ae'S6•te' c R- 87.00' L-45.4a' I �: a 11r6a'1a- � \ / F,,�. Smith Fnrm S at Marketplace 2 Plet No. 5827 \ v 1 e- 49'52'01' 6239 Douglas Aw. Suite 1300 Block 2 L- 59,9.05 l R. 14 E. _�_ r� nAer x�a xn+rm M 1 m, NE Caner NE 14 NW 14 - of Seclian 10, R -14 -E R 44.67'14' 6 - 96.98' Off P 'ses �nfinenf No. 1 2004129914. o q Is Iq 3 Addltfenol R/W Pror. �� e- ae'S6•te' c R- 87.00' L-45.4a' 5' Off Premhes I �: a 11r6a'1a- � - ea.t7• Ado'4/ono/ R/W OedAoted by Ihts OWNER I P /of. 1 SF SHOPS MIVESTORS. I.P. 6239 Douglas Aw. Suite 1300 0d1pe. TMm 73225 (214) 360 -9600 l f 1 F.NOINF.P.R I / Khoury 0 Inc. s' of Proms es y / Apn Eosemenl 1435 East 41g1Ost Stet mstfvmenl No. / 24129914, Tuleq Qd hw. 74105 (918) 712 -6766 cwmm- W bUfodgl4n Nn J>,1 1 11gYM 41714 70. 2001 I SURVEYOR Harden k Auodat6s e- 74'00'00" Surveying and Mopping, PLLC R =965.00' 2011 South 114th DO Avenue L- 456.50' TWw, 0dahamo 74126 (916) 234 -41159 5' Off P /xe b d 01,11W.Won Na 455 Eigk. AA- 00, 2051 Stan Eo.1 -0 In,i —f No. 2004129914. 5' Off Premhes I 57yn Eoeemenl Insrfumenl ft. ;'004 129914. I Smith Farm Best Buy Addnlon I/1 Plat No. 6998 l.at I Hloek 1 I The Center at Owasso, Tulsa County Final SubdivWua Plut, August 19, 2W8 SHEET l OF 2 o••a a ONk.IM .M O«brabn •r awbkaw -W 5< YncM1 - Nn••len. LID.. A i•w. U W PaMaNb Sua roanw-I edw N• a u• raeN.p al•cde•tl nd mapNb lM• Y'rw.,tr'1 NWkw N q• coy a owes°, rules cwnb• smb a o•bname: A b•N a la,G N EW x•rq.•rt OYNNw (Nb' /a) a S•abn 1-4 M. 1-0 M1•nl]�y121�) mke�.l%NOla�rrbOYw�w�.M1a�mGlk u: �aw�A...n�t � tl�°+•an aM 4 el lot 1, NlpaY 1, OYk ThM Naa,M• Pant p oMYan b U• Clty a aws, caYr,b wb a oa•Nan,a, wa«NM ro tM na•raw pb1 b,waa; "d e Ysk .1 N lanb e•Lq d••aN•b n ra1o.Y can.,,w,p a ua Muw.S apes a ra Nw /a; TN.na• swm ova•]b' E.N wraldq+IgN oM Sum w4WCt NS U, M�i�amrM m Aa°•wtl °qNN% �M1O at.W.2, NN EaN Im ION.W r0M OgVa WNawt ap,►bnlol •da WW i EleWa iOVWk M•u• Nwbx• PoM, T,N«a mn0mW9 SeYlM1 aPJYl1' E•N aem N,n NwN IN• N rb bl I,r gad I, OoY !,w YYYmw Port rw asJ.a rest r7r,n aarq M• Enbri/ a Wa W 1, 91•a a•N JN3-0, b'I 4 Im N w.10 h rm w ail. ,N M Iaw e ro aN*lp. n n q M ° a ra rqepnpa ro w J « M1 e 07013* .m oo d aMM t l IN 71" np « a a r)a<}b pN e a O a , a 1 a apP w R1 02.a 111 Nrt wp4 a rbe'r ral4 mesa, sawn O0r1O'I3' INwt M 67.17 MI: nbnr awspqq b Yes NEn! NM o MM a ]bb.(q rest •w INN aaaN a iCOppo' M aeb.Op Mr TI,•na• 5aaq rC0]'ll' Nest Ar a0A0 wp mN,e• •w,t • m IM 4n Nq ° rpaw a 415.00 f•k ma 0 aV01 pa �t 1, 61ea I, �nw Nuan•n Por« a ]62.06 n•°I°"°it b Ma S�ougiW a al •ala iW 1, bbaM1 1, Oa, frw au•la• P•da rMnw cantlnW,w Nwq 6NN'Or YMN rat I.b I••1; rbNa1 NeM aC06'66' Nest Im Ill.bb r• . Taw. NarN OSR'ia' EaN for Wd 1we 11,•np fYwtn 00gx'IC Fwt Nr aaJ.11 nM m M• chin! a BpbnYq a nN baet ww aalwp q• •wm b p •w••ya6. •loom, pa IA In ep-a •RI, 6,• .ew'm'w'wp N Mme. oo 1. OM-I" sb4. a pa�a,.mAe ONlgsa•. n sEC IoN I. E45E19YR Ares unurNs A IIrAl1Y FABF]N1R5 Ewes! m 9m46 aM rrww6 edo•, IM owr pw 6.6aab rm bN CAy uw Ntllb w•wnN,l Ma uwb •a•nwd• w pa•M p oc•rwpam pal •s 'U/E'. n pabwtm p tla 1 NN N tla rrrd I cmarpUOny MnIpNIq, apeatiq, rTa%M, ,w,a rwbaeepp prat utYNb4 NWlFq WI not Y b1 la wnbaH swa•. 1•lnDnw,n na•maantbn •rw•. NwMC pww I•,w wN Npaennw4 ward a.. IN„, am woes N1.4 a. NM dI AtNa• wan p palu4 an•. capWb. apes, moan am M ••N N NrN maNw va wp�Man• UwNa *NN aM 0,• dyhb N N61aw aN •Enr b atl tap tln nbw4 knabn, m mI�OW poM aMwO m MLFY y6~rqqF•a a,bY•boNlp qpt NCI WIM�id•n NM N,n wvan •awaa MI p plaa,d, •.nom. 1Nb•w w p•rrr,rtM aba, w app wry •ew. rw„wa, m rqA -a-•ar NoN a •oa a7l Iq„w„nFYENnt p"au`a °° .`eWkw•a`ro p•b• w,awwgq � am :�°.w"'anp°°.�Wwwanrq .aY."'°"°ma' o1M1w wdx• I,rpvwnN,b qN de rat eanlWb p ae•U«ctlp m am r•w,w1. nnTtEa vNOaoFO, qpt tM Owwr raww• N,• rfYFl m Inks Ipnl paw wNn a. NFU• aanYma�N Ua,•t„WRY pwwnwna tin w Y/N poles °baoM n. wi IMa. b•Nr \. 1M Ow•r N°E p ngwNW rm iWaYq 1M 1y,1 paw m Ib prrm wtl•n, Mar p Owwr awesrrgqa dNn m Gala paN aM «N taaM�yqYwwan,l. 1M Ow a1eN I�M m,.1• cawdaM tlaM N•� I9anbwa mwwwnk a •akNy n•r.+ca Wes• wYwl y 0•„w'• salon• Na p pro• wld/ y M• 0•nw. & UNDURMU40 UTUOES owM.m I•n. rm .war a away t•bpna„• •w woes b SNwt gnl , lot bcgbd kqN N,• wtlr,•br wwrpMF a d. •auanMwl pan m aammp mq p Ewa y awd,••6 Ym « M eN1• ma dww,N• brawMrt tla a,NWa,lan. MI wpl� Na tl�i• blwMw, wW !•ba•Ip a,p aWw �I ptMbcpr1bp1ON�umav a 1M wMk M•b oe ppkM mrNn p�¢p,pmrybyprat S•rNr D•a••m4 ma tnnapM•, a• •puror a wpar at wcwaaH wNaq•. mm/ ar p Ipnb6 In 6a wrnant wye. 1. u wtaw ••mw ana ao• •.,Na. w« m ml m«ceAw rMn moy p bmben0°:uNpq• Npddap ,wy a nn rra,,, u• Iaw n•w.•t man..Nar p•6•ka ew,Nwmw b Yn pans m asses a•temlNw m u. �wn mW wnNlww a n'.d, •NNaW. w mw p Iwa.e{eupappouN.k,u�. wawa.a ua .ap u. NapEaiw, a a I«N�rt•r°�°p Gee,M�w a CNHYw. pN,vwnLNVG �ctlw a�N r1� Nm 1� -wY wwm•nl w W IaL awwYq • 0 ba! wb • ]A Ml p noon a „mow w w .w.w°Mwmw,w,w��xq,. a�waLu°n..°0f m•N•b wpNa m } 1M wwN4r a •4NrC t•4aam, ep«npppp. °w 9a mmwn p P°pr •prb om wlplwwF. •I,al •t a Umn ww 6w aOnl •r oca• b a a..,wa -wn N+•w p M aaaanaanpna as m amwrw mowa.a rm N w• a•w dwpetlp a tlw w+wr a i wa,Naa wgwyq a „�w0 MmMC y� t�wrMGWY°�Ww, m' W br.EkM InkmNa a. Ua•w • Wy awnM b M a,a •w•m, a ualt'•• -N p aMgaun6. nl" walawa I«M°akWa p~ib pine :,p a,•E fm M. patwYa„ a q. ,wew,°u,a rnNnae4. «awr wa, wa Ntwr.. aq°u�,. °i« 4I.a,« »� WervOi,. ww.�, v0°•�9�ntW a .Ea°WN �I,a «» w�'w a.ai wer° fm o- ,a°1dawN0l a„ an�w. ti h Ea wawa r n.cmmb by an a n,• awar m N. wp,N m <awvaor.. b. Tn '1V1.= b wl r•rtn N w rape a Nwl p rfomnaU• m ..N -P, a.dan•. op4 m.,i•Nn m a°F IN- bra Np - NI-,. c varv+. $N•rANY scam. NYO Stow so1Ea I. llN aw,N c! OI• bl Ndl M pmaa• tlH waF W moNa, rnwH •ww ma4w a,d Nmm ••.r mdn Ip•ap wan N• aI. ). 11a Clb a O•ana INIpM1wna. m Iq wce,••en, aM• p .•bal,Wb b aMIMp matlkwma a Iwb wbr mom, wN maw. Pro kmm w.« maN. vlloWlm M• •N,w a d» bt N•Y wr a a. � Iaaeatan ar wN rerJIYM mwp m n•pWt•a er M. aa• ° q• •rnwr > H. aawb « warearon. mNb paarotl p u• otmrq•nyl,q °p°roi � ouwNO.In•.°voka« n°r� tl«�i aw a H°Na..11m rm u,. wTww a Inaacyy, naNla+q, ,wa.A,y m naaaw mH padfa„ a u• put wbe- moon, raNbry wwr ,,,dm, m •lorr„ ww mama 4 rN• N-0q mawnb wt NM N pmagop, c dal p NN«crtl• ro y X,• wr N nt a Owna, �.a� bw.wa: •w Im awa. °r M. IN °ales• w p ew MdI ,•wa., N 0. GAS 6ENACE I. 7n..«pY•. a w• •rWF• u.•wn ib a u wa .n,plNw.n Na a •Y Ym•• na.• tlw door awr° � qw °ua ww�Pawwm.nb� m l�w q•t ar n >awpa r« a M4 cwncvl• a MNY•n neb•N er ua wwWw am°va'• n,Nn r°ppb°q >'wI«Nq wr partlp a M. eam°.a N�°°q.rabi v,eld'r10a e:wr+°O1Na�Wasar'pana na.�m .°y •�M.° a0'aa w°�� NIaI +aua 4NNaa •N, tlaao• ...In. na wp>� a M. r• rmia. aIa p nwm.44 rar nN ardnory mpetwwY• G •pa r•ale'•Y wL q. Owes NwI paY rm aawaa m r.Ipaacan a fadltl•• cea1N y •cb a Yes owes, w N avNt• w wlNacl•r4 ]. ila Iw•paq ovlan•N• wt IwM N M4 paappM1 N 11 b •rdwaoW y Yes Mora a Uv ap• N«da• a,a a Ownr a Un M wan.. m b `-` Nrb. E. SU-E -.ITN ORMIN.E Ta -ty dgaw r Va:rTV'q pbt Nall 4- tlr• •lwm aM •urba wbn Irar„ aWwamW°y m/ °n waa acimr�on0 br M: CN a a can rgrap It wdl p r. wYMa Axo LAwscAlala NnNM usvEnn AT' wrb •.«n'Nq gw%rwnw«Nta.gNb nwKwgnaw awl p r.pmnbu rm q• r.w. ma naW a°n ry m r aM a monbN°Ad nay°uMrYwmE�tliuuppdrUUra0.rrrYal w1aJ9E0�NOMEYFa, M• ob d IMPWMONa^P,wa'r °fwa. °rMMN a ppkNw apn nunpa�walpn N•I pp awns! m prMdlwpt cv,W1Yb p ab p, wa.wam, po cu.bm.H .mwwq Ma •,W won G UW OF NO ALClSS 11N Owlwaw• p In1r•Or r•YNPa•n dynb a wNOpr I aN,InYOn) p� a tlN m•p•dy mfwrt b T Y6M SpM ,Imb l: Nmp IxIN M[ Aw«r• wM iM IwlNalwl w '11 WR OF NO ACCER" p m• aaanna.M paL NM 'lld1S 6 170 A00.5S' �p •mwp6 w wb••m y M• ab a o.N•r pbn�,v C•nn.Yaw,, w R. wa....w, nm byaiaaNpam P«IaNw Y,oWNOmONNt•: w a. aN,.aw paMM y a. aw w,e .tanA.. a na ONw/b nlpw n•MY amlb I-I •kabaNw o pap• mm- •afaiw mumk anon. pvpow W pwnuM1gp Mkub. am pwwtdp po•wp• b as hwn lab 1. 7. ]. l,daM NN dpY I b wM r W Eak 1BM Slrwt NaM wH N«N 121N Epk hru• en, wa •wow tlw mw aMN Lob 1, 2, ] p6 a, aI•a 1, 6•pklw p tlw o55wrgwryY,a ael w 'tA,Nw Ica• E.aanaN'. ACTINY •. EMNIILEYEM, galAllprl, Y4NOYEIR W0 SEYEAAMJrY: Ga•rvN„al M ,wbktlma Man r! bM an mnw,a,b ro v, ap Mn Iona I. p eNINq YPp tM Ow,w, Ib •Ywq•w• er,d pdanF tYMd, IIN pvWbn• a Sw1ia, I. sb aw FewM,la •nd Wltlr ar• wl N«M PNbN wnna„b end rbcanwA pvlaMp qN•b a�na •M11,•r v opt MwW w •bW, tln N,wvb aMN SKYp 1 11,a nwa b Yes INWfR a •ampaa• y W a Ow•w, 0uana,r,p. I tp OwNr, « R• Naa•••N• m «aam, dal ado• am a nb kNYn 5•ab, 11 Ip wap6w a WRy wran > Nw uV a Ow••a, d6a,ann mol' INry p •etbn at wm a gib p ap:wl IM Ilwv, o p•rwn• aan`a0arl p aw,�sY�N% Apr Fb =t'. t wn w q.,, r,Pm n NV « m & aVw6p. rnnn nWlcepr NoY nm•N N MI 1wc• wa PP.- - w,W wnYwy ]o, 2W0 Nra aaI wtmw6.auy a «nga.e 1n.,.•w r« wa.aw ap a to ya, ,n,l•n b,minaM m arn•rNm w I,Mwrlw pron116m. t n. mwwa abMm b srM, I, Epn.wwb mw p mMk•a m rmNam °pl`wp4NC"«:,,4� Nan"°°wnownk°" :lu°° n, a°�Oiaraw�q 4I�. cro' °a oaw.o�wW alwitlw,a°yNO° ,�'fi gap4un%a,ww rCO,°°°°, n+b�Nktw,ne 1aa aw°D�ewi°„tra, as °p,�.01 a tl: os •. t a °E u 5•wroaRy. Nwaaup ar on nNrktbn •k bM Mran, m py pd tn•'•af, y p oNw. I.. aaba,.'a�pe n°Ar«.ar°pY:' .mt rma°"�°n«.u�� k,a•n,mk: �roruai ra'eaa.� .Iran« «L M NMESS N,IFPEOF, 4 S-5 RYYESNNS, L.P., A N-s UWrm w.nYr{T9s' M1a• wuw0 tl,••• pawnb m b •r«aM M4 dpl a , xao7. By sN v, uc., . r..w umM -TRy amwpy -I by: NuN wsr,Nr, u,e, ° 1- °wP -. u..- f1p,w J•T NWbm• np.: vb• M.•a.nt sY•a a rw• Coagr a oaYN 1 n ila m,•vam pdcatlp w,a u. rm•aaN wnl p•I mwaron p apwr•w4 wb m tomb. wn «w,aawv.8 awn miu. -- - a 2aM. lk• p- E". a t N-Ry , Iw, a earpan0°n, d =.-R. tk., a Tna• Nn«w apARy apwnr. rr. +.I v„en,, a sv � v. L_P.. a rwa. amba pdnaWp CFnn pbw mY NNW aM ra, tlY• dar of xoo7. N,N, MWb Ily cpaanapn oar+« cENnsrwrE s wrnEr N•Np a AnoaNM as Nap PII.G, an d+mpma pllL y q, Ir•NW�!' �h�M• rna ar Imo be eir•eq°i, M• a :, cw�WaOin°amry 6wIN,aW w 'Lrlw at Owwo °p 11w1W ,s/•wlb°Ya�i pnr a�P'0 w•wY aM pA5- ? y q• Oe+Aana ma a a•ywop a an6 Ipm 5iwypn. dwr,r E 1ba•n, rwL] uJJ sbb a - Cpnb a Taw ntl• rmowr,N,t .p• M" Nye�.am: „. - Momry Mtlk my ConmNNp EqA- 4TrY R/!•Nra (X11N6551011 N4nar1 <YUR11,Ni OE ME Orc PVlNS' GOIIYI55NJY FON TS CRY OF ON,tfSO. VW OF ONEKM 00 IN CEN Cil AT TUi T4 SNO OO1N49d1 OIIF FANnaONET THE ANXM, ptAr OF CENIET AT oNASSO oN nIE - wr a _ ioo7. L CRY IxEW( OF ME CRY W OWSSO. MALE 6' onLMtlWA 007 r CEnnn our IUYE EYINnm ME aEC0a0 oc MSi , NErI s VTv S` �SFmIN. A9565ulNIS 14PEPw0 fll pl�q) IIN WFl NND MAr METE b NO SPEp,I ASiiIIEM Pa]CmUNE NON P .q rCNNST ME LWO AS 51gNN ON ME ANNF•m PVT CDm AT 01w550. AcEPrA v om IUr m - WtMLL BE R YESOLNFD BY M[ fAIMU. OF Tk Clrc OF oNA]Sq STAIE Oi 0NIIYIOYA TUT r1E pEDgATON N10LN1 M TIE MbIEwD %/,i M (J,nIFA AT OMTNJ IS HFNFHY Ah�P1E0. AoOPIm BY TIE CWNOL aF OM520 ON M5 CIt'Y awN -___ Yarm- 9EFONE W. ME UrIOEaSCNEO, A NOTANY PLOM 0i ME WE OF ONLNmYA ON Two __ lw a 2W) PFlmml•LLr AaaFMm tO YE Ia10nI T) OE TIE 06YTVL oEnsax r•rp E«mVlFp INE wam Ara vaNOaNa msMlw]Ir NA AcNNOxETOm m K oar NE ExfNrtU ME sNE As M urEE No YoLlwrAa. Aar Axo OEm vw rNE Luss Ana wNross r„Ewx aawESSm. NN•H PubYc Yy Gammb•bn Enplrw, _ -___ RTTF1cAR OF COUNrc V.ERN TIE MSr11UNpY! NA5 a[V! FLLT IN TIE OfflCF OF iNE COUNTY CIE11N OF I. M LIXMrY, STALE OF OaMIOAI\ 11116 OAY D< __ 200). cwnty CEYO1pI m R m- TNt'iYSYINEN SrAT: OF WLNtglA, I m HDOY gAOFY TUT I WYE ENNJr{0 ME KNa05 pbar- IO AO YALOItry -0 p1 111E 'NW SNOnt CM TIE -- Mgr NIa llNp TUr ALL m m Rm TANE5 WYE ORrN pW - MO. "a ALL PWm1 YFiYw .ar1a 11UT JTAn v.' bmU6TY 1a] - OF9091E0 QYIWNriF G WnIENI W TIC 1007 TNlE5. SEN. om Final Subdivision Plat The Center at Owasso Apart of the NW14 of Section 20, T -21 -N, R -14-E, of the I.B. & M, City of Owasso, Tulsa County, State of Oklahoma The Center at Owasso, Tulsa County Final Subdivision Plat, .August 19, 2008 SHHHT 2 OF 2 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: PROPOSED OWASSO SUBDIVISION REGULATIONS UPDATE DATE: October 15, 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. At a public hearing on October 13, 2008, the Planning Commission unanimously recommended approval of the subdivision regulations. Based on input from these sources, the staff has prepared a final revision to the draft of the code, and will present the regulations to the City Council for consideration. For ease of use, proposed changes to the text of the regulations have been highlighted in yellow, with bold lettering used for text proposed to be added and s#r-il 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, lay 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 8.1.13) 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 recommends approval of the proposed update of the Owasso Subdivision Regulations. Should the regulations be approved, the staff will prepare an ordinance with which to adopt the regulations for consideration at the next City Council meeting. 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. I. 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. 1.8 PROMULGATION OF RULES AND REGULATIONS Upon adoption of this ordinance, the City Manager shall present Rules and Regulations relating to the implementation of the intent of the Subdivision Regulations to the City Council for adoption by resolution. Provided, however, that the City Manager shall from time to time promulgate such additional Rules and Regulations, or changes to existing Rules and Regulations as considered necessary. The promulgation of such Rules and Regulations, in whole or in part, shall require the City Manager to notify the City Council, Planning Commission, and Board of Adjustment in writing of the proposed Rules and Regulations and shall require the exact language of the proposal be attached to such notice. Such notice to the City Council shall be published in the consent agenda of a City Council meeting for acknowledgement of Council receipt of the change(s). Upon notification to the City Council and for a period of 30 days, the proposed Rules and Regulations shall lay open and be subject to City Council action to disapprove either in part or in whole. Absent action by the City Council to disapprove proposed Rules and Regulations within the allotted time frame, such Rules and Regulations shall have the force and effect of law. 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 Any person or persons, firm, or corporation, who shall violate any of the provisions of these Regulations, or shall fail to comply therewith, or with any of the requirements thereof, shall be deemed guilty of an offense and, upon conviction thereof, shall be fined not more than $200.00 and costs and /or 30 days imprisonment. liable for- a fiflo as preN4ded by law, Each day such violation shall be permitted to exist shall constitute a separate offense. In addition to the other remedies provided herein, the City may institute any proper action or proceedings to enforce these Regulations. I .l 1 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, F. the Pokee Chief, G. the Fire Chief, H. the City Project Manager, T the Seheol Dist.-:,.t S a 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, O. 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 El ft7. 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 El 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, B. Application for Preliminary Plat (proposed subdivisions containing only one lot may begin with step F of this list), 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, I. 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, O. 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. I. 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. O. 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. 2.3.3 Application: The Subdivider shall submit twenty -four (24) copies of the Preliminary Plat to the City Planner no later than thirty efte (3 1) a.. a the Planning W-et—ing, the first business day of the month of the TAC meeting at which the plat will be reviewed. The Preliminary Plat shall be accompanied by an application, the forms for which shall be supplied by the City Planner, and a fee as established by ordinmee resolution. Co 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. C. The Planning Commission, at a public hearing, shall approve accept, appfeve accept with modifications, or continue to a date certain the preliminary plat. YY disapproval of Y Y J Y the " e ' + 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 pro,:m ..gat is disapproved,- 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 approval 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. 2.3.6 Preliminary Plat Expiration: The approval of a Preliminary Plat shall be effective for a period of one (1) year from the date of approval by the Planning Commission, at the end of which time approval of the final plat must have been obtained from the City Council. Unless the City Planner grants an extension in writing, any Preliminary Plat not receiving final plat approval within one (1) year shall be null and void. Every plat shall conform to existing Subdivision Regulations applicable at the time of approval of the Preliminary Plat unless modifications have been granted. 2.4 FINAL PLAT 2.4.1 Application: The Subdivider shall submit twenty -nine (29) copies of the Final Plat an d Restrictive Covenants to the City Planner no later than thirty one (3 > ) ealefidaf days Planning =_weting the first business day of the month of the TAC meeting at which the plat will be reviewed. The Final Plat shall be accompanied by an application, the forms for which shall be supplied by the City Planner, and a fee as established by ordinance. Requests for Exceptions to these Regulations or requirements of 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. VA 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. I. 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. I 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. O. 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 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. requested easemefAs have been idei#ified. Eaeh Utility eempaff shal! sign a eepy 44e-17-1 Dl-+ : indioating its aeeeptanee of the leeatien of and eavenants language. If any required items easemepAs are requeste are not shown on the Final Plat, the TAC utility eempany shall identify the requirements additieft,1 ease ei4s requeste on a copy of the Final Plat, which shall be retained by the City Planner. The signuffe of th L LLLLV release of the plat for- filing -A4thet# the need for my fufther- appFevel by the tifili 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. Two of these eleven (1 1) eepies shall filing be on mylar- suitable for- at the offiee of the Gauffty Gled- B. After the approved Final Plat is filed of record in the office of the County Clerk, the subdivider shall return to the City Planner eight (8) certified plats, one (I) fnyiaf r lueible and seven O , all with the appropriate stamps, signatures and plat number from the County Clerk's office. Unless instructed otherwise by the City Planner, the Developer is required to also eneeufaged to submit an AutoCAD electronic file romp ter- ^ 'ded Design (GAD) D) r't to the City Planner. 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 Preliminary Plat application fee, Final Plat application fee, Lot Split Application fee inspection fees and other pertinent fees shall be paid in accordance with the fee schedule as established by resolution erdifianee 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 - Owasso Major- Stfeet 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. 3.2.11 Dedication of Right -of Way: Whenever an arterial a major - street is located adjacent to the outer edge of a subdivision, one -half ( %2) of the right -of -way she an the Owasso Major- Street and Highway44m 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 ( %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 by the subdivider. The Building Offieia4 City Planner shall review the address plat and inform the subdivider of any corrections of the address ranges. The subdivider shall make the corrections, if any, and shall submit with final plat three (3) copies of the final address plat. The City Planner shall be responsible for the coordination of addressing lots and changing the 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 twe fi (2!'; 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. Local roads shall be curved whenever possible to avoid uniformity of lot appearance. All streets shall be arranged so as to obtain as many as possible of the building sites at, or above, the grades of the streets. Unless by reason of topographical uniqueness or hardship, a variance is approved by the Owasso Board of Adjustment, all building sites shall be situated above the grades of the streets. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided. Specific standards are contained in the des:gn s*, ftda d or �regu4atien Owasso Engineering Design Criteria. B. All streets shall be properly integrated with the existing and proposed system of thoroughfares and dedicated right -of -way as already established. en the Major- St eft and Highway Dl 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 ,Seconder Arterial 100 feet * 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 encouraged 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 categories except industrial. The design and location shall be in accordance with the Owasso Design Criteria. Where posse; - sSubdivisions should shall include sidewalks located in such a manner that pedestrian access is provided to adjacent land. anmme cial eepAer-s and the like-. Subdivisions in RE Residential and AG Agricultural zoning districts are not required to have sidewalks if the development contains a pedestrian trail in a common area or reserve area connecting the development with adjacent properties. 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 Plan fi ng Ce a C y Coup 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 BUILDING LINES AND ELEVATIONS 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. 3.13 STORM WATER DRAINAGE AND DETENTION Every subdivision shall be provided with a storm water drainage system adequate to serve the area being platted. Such storm water drainage system shall be designed so that property located downstream from and upstream from the subdivision shall not be injuriously affected by the construction, operation, or maintenance of such system. Storm water detention and drainage systems shall be designed according to the Owasso Design Criteria. The covenants of each subdivision shall require that the subdivision's homeowners association be responsible for the maintenance of the stormwater drainage system and detention facilities. 3.14 HOMEOWNERS ASSOCIATIONS 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. 4.2.8 Rural Roadside Drainage Standards: 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: Unless provided for by special exemption by the City Engineer, roadside ditches are permissible only in subdivisions within RE residential and AG agricultural zoning districts. Maintenance of roadside ditches shall be the responsibility of the Homeowners Association of the subdivision, and shall be included within the covenants of the subdivision. 20 C. Easements: Roadside ditches located within the street right -of -way do not require a drainage easement. Roadside ditches located otherwise shall have a dedicated drainage easement extending from the street right -of -way to two feet outside of the top of the outside bank (backslope) of the channel. D. Design Procedures: 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 velocity and ponding at runoff. Mitigate erosion and other adverse environmental or aesthetic effects. F. Design Storm: Engineered channels shall be designed to completely contain the 1% return frequency (100 -year) storm within the boundaries of the drainage easement. Channels shall be stable, free from erosion damage and shall allow free drainage of the 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 conveyance system shall be required when the design discharge exceeds the ditch capacity. H. Flow Velocity: 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 Fronde 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. I. 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 J. Horizontal Alignment/Alignment Changes: Channel alignment changes shall be achieved by curves having a minimum radius of: 22 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 D = Depth of flow in feet or three (3) times the maximum top width at the design flow (10 -year) depth, whichever is larger. The Engineer may require additional analysis at bends to determine the possible need for additional freeboard or protection from velocity induced erosion. 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 will define the upper and lower bounds of the longitudinal slope. 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. Vertical profiles for roadside ditches shall be shown on the roadway drawings. Grades of special ditches shall be indicated adjacent to their profile. Velocities for the 10 -year and 100 -year design events shall be included in the design data. Hydraulic and Energy Gradelines shall be included in the design data. L. Freeboard: 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. M. Roughness Coefficient: 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 second. Ditch invert protection will be used at the upstream and downstream ends of all culverts. O. Lining: Linings for roadside ditches may be classified as either flexible or rigid. The difference between flexible and rigid channel linings is their response to changing channel shape. Flexible linings are able to conform to changes in the channel shape while rigid linings will not. Where flexible linings are capable of withstanding design velocities, they are preferred over rigid linings. Flexible linings are constructed of the following materials: i. Sod or seeded grasses ii. Erosion control blankets 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. The temporary erosion control plan during construction shall be sufficient to prevent 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 excessive continuing sedimentation from unstable right -of -way areas into drainage structures, channels and roadway ditches. Reference 0604.7 "Vegetative Best Management Practices" for additional information and criteria. Q. DRIVEWAY CROSSINGS Minimum Size: Driveway culverts shall be sized to pass the 10 -year (10% return frequency) ditch flow capacity without overtopping the driveway. The minimum size for driveway culverts shall be 18 inches in diameter for round pipe or an equivalent cross - sectional area for arch or elliptical shapes. Culverts shall be designed using inlet control. Construction Material: Construction materials listed in 0510.2 A are acceptable for driveway culvert construction. In addition, corrugated metal pipe (CGMP) conforming to ODOT 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 25 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. Culvert End Treatments: All driveway culverts shall be provided with end treatments on the upstream and downstream ends of the culvert to protect and maintain the integrity of the culvert opening. ODOT Standard Sloped Concrete End Treatments conforming to ODOT Standard Drawing R -80 (AE -DE) are acceptable. Other end sections must be submitted 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: A. Unless an exemption is granted in writing by the City Engineer, all lots platted within the Owasso city limits shall be provided with a connection to sanitary sewer. Wher-e-a�liely approved sanitar-y sewer- is reasonably aeeessible, the subdivision an e'' letwidiin sal be r e • _d '' � a eenneefien `t All connections shall be subject to the approval of the City Engineer and be in accordance with the regulations of the Oklahoma State Department of Health. B. Where a public sanitary sewer system is not reasonably accessible but where plans for the installation of private sanitary sewers in the vicinity of the subdivision have been prepared and approved by the Oklahoma State Department of Health, the subdivider shall install sewers in conformity with such plans. NVhef° kvAnedia4e eenneetion possible and upAil such eonneefien v4th the sewer- system ean be made, the use of private 26 Engineeef ,,,-..7 the Oklahoma State D ft r of Health. 4.2. 10 Utilities: All utilities shall be installed within easements specified on the 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 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 A. Fee Imposed: A $300 (or a sum approved by the City of Owasso after the adoption of these regulations) recreation development fee is hereby imposed on the privilege of constructing any residential dwelling unit or mobile home lot in the City of Owasso and every person to whom a permit to construct a residential dwelling unit is issued, shall pay to the City of Owasso such fee. ($25.00) re b, b, dr-Oom in said dwelling - expansion, remodeling or- ahefa4ien of an eixisting dwelling unit-. G Loos „„ Building D + G. Fees Vll -- No per-son, fffm or- eer-pefation shall r-eeeive or- be enfitled to r-eeeive the building the pr -eyid r this ee4io is paid on e , .L building pefmit issued. 2. Ne Tg PFlta ned in "s shall V « olieve be ip er-p ted as relieving per-son, fifm or- eefperafien4offi eeffip!�4ng with a4l other efdinanees, laws, rWes-, fegulations of the City or- of any ethef gevefmnenW ageney where they are new in for-ee } {s4uetffes in he City, 3. All per-sons, y.,r , who or- wl4eh are subjeet to paymepA of the fee eefpe ations are a•elieye ' of 41i Y 01 4 of ..,,,.b, fee by the r•+ n 1 , in u aVl in -. D. Number- of Bedreems, The numbef of bedr-ooms in each unit of aimepesed develepfflei4 shall be det----" --d 4ofn the building plans filed, and shall inelude as bedfoems all 1 labeled en the plans, other- than fiving f 7 dens, kitehefts, , whieh are suitable for- use as or are suitable fef plans, opAy these afeas so labeled on the unit, dwelling is deemed divisible so as to efea4e eae er-...or-e additional bedr-eems, 5.1.4 Park and Recreational Capital Fund A. Creation. There is hereby er-eated and established a park and feer-eation eapital Amd. All fees collected under this Ordinance shall be placed in the Parks and Recreation Capital Fund. "s aeeoupt to be a exelusively for- 41 use . 30 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 sanitary sewer payback fees shall be payable upon approval of the fmal plat. 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 The owner shall request submi the change of limits of access in writing apples to the City Planner en forms provided by he Plane, pay the application fee and shall submit drawings of the proposal. The Technical Advisory Committee shall review the proposed change of access and evaluate whether the proposed changes would increase problems with the public traffic flow, utility easements and the implementation of various plans adopted by the City, or would create problems with the flow of traffic on private streets owned by persons other than the applicant. The Community Development Department shall review the proposed change of access and either approve, approve with conditions or disapprove. of a sealed dfav,4ng shah aeeempany the request appheation and the maxi Goy E„ 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. 34 e. WAIN [T r. MM r. 34 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, , Zoning Ordinance (unless approved by the Board of Adjustment) or these regulations. 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 electronic copy and three copies of a scaled drawing shall accompany the application. 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 8%2" by 14 ". If drawings are larger than 8'/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. €hgineer is ebtaiied 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 eligible for building permits. 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 v a,� recorded suub division plat. G r-a- DE STREET ' See ST4;�EE r,-cUL DE SAG G in t is see49fi, 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, of any designated part of his property. FINAL PLAT: See PLAT, FINAL in this seetieff, 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 -S rF NWOR 41 this seetion. - - -- - -- ---a -- , ­J .,, .....,......1........, ­5­­ vi- vv ".r cuia lendmefAs or- additions adapted by the City C=euneih MAYOR: The Chief elected official of the City of Owasso, Oklahoma. MINOR STREET! See STREET N41N 1D (LOCAL) n r) tL 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. M 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. DDE TT P A Y PLAT: See PLAT, D fN Dh , DE av �aIrrt�A xcz[J — ar tmrs- actyt xvt"7 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 s construction. PRINCkRY 2kRTEPJAL S D E3 Scec itET-, PPACARi AD TE A r in this PUBLIC WPROVE1WNTS; See IMPRO ENWNTS, PUBLIC an !NPROVE-MIENTS in this seefien-. 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. P, (EQUH?cED TMDROV- MENTC C EMPR lVEME REQUIRED and 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... � � 7 c aac TAT STREET; See �7��t -� T71 4 D,AD TED T1kL—in dos se r�*tir 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 OR STREET-! See STREET, SERAWE in this seefien. 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 desigftated on the Major Stfeet and 14i hway P4.m which carries a significant portion of the interurban vehicle traffic at moderate speeds with some traffic stops. Also e STREET, DD TNa A D Y A n TEP T A 7 wid STREET, S this +' 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 shey,% on dw-Owas&e Major- &wFeet an Highway Plan. GSr 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. STREET-, PRIMAR iii 1 1 Highway Plan wl4eh eaiT-ies a portion of both k#faufbaft and inter&ban velliele 4affie a medefate fate of speed v4� some tfaffie stops. �STREET, SECONDARY ARTERIAL: A thoroughfare designated the Major- c+ + having 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. 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 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: COMMUTER BUS SERVICE PROPOSED AGREEMENT DATE: October 15, 2008 BACKGROUND: In June, the staff presented to the City Council a proposal to study the feasibility of partnering with Tulsa Transit Authority to provide commuter bus service to Owasso residents who work at the Cherokee Industrial Park and downtown Tulsa. Such a park and ride program would operate weekdays from the Owasso Community Center located at 301 South Cedar to locations throughout Cherokee Industrial Park and then to various points in downtown Tulsa in the mornings; then a return trip from downtown Tulsa to Cherokee Industrial Park to Owasso in the late afternoon. At the June work session, Councilors expressed an interest in determining the interest of Owassans of a transit service. Subsequently, the staff conducted a survey of Owasso customers to gauge local interest in the program. SURVEY RESULTS: The survey prompted a significant amount of participation from Owasso residents. Out of approximately 9,500 surveys distributed to citizens throughout the fenceline, 887 surveys were returned, via mail and by the City's website. In total, 665 respondents indicated that they could use and would be interested in using the transit service, a 74.9% rate of support. To arrive at this total, the staff counted all of the survey responses that indicated a "yes" answer to questions 2 through 5. Responses that were left blank were counted as "no" so that the results of the survey would not be skewed. The five questions asked in the survey were the following: 1. How do you presently commute to your employment? (circle one) Drive alone — 812 Carpool - 72 Bike — 1 Walk - 2 2. If you work in downtown Tulsa or at Cherokee Industrial Park, would you be interested in riding the bus? Yes - 732 No - 155 ` 3. If you work in downtown Tulsa or at Cherokee Industrial Park, would you be interested in riding the bus if a one -way ticket cost $1.50 ($3.00 round - trip)? Yes - 757 No - 130 4. If the bus picked up riders from the Owasso Community Center at 7:05 AM, delivered the riders to the Cherokee Industrial Park by 7:20 AM, and delivered the riders to downtown Tulsa destinations before 8:00 AM (for example, the delivery at Cheyenne and 5h Street would be 7:49), would you be interested in riding the bus? Yes - 680 No - 207 5. If the bus picked up riders at downtown Tulsa destinations starting at 4:47 PM (for example, the pick up at Cheyenne and 5h Street would be at 5:05 PM), picked up riders at the Cherokee Industrial Park at 5:24 PM, and delivered the riders to the Owasso Community Center by 5:35 PM, would you be interested in riding the bus? Yes - 684 No — 203 COST OF SERVICE: The service would cost the City of Owasso $45 per hour. It is projected that the service would total 667 hours annually, bringing the projected yearly cost to $30,015. The City of Owasso would apply for CDBG funds to pay for the service, and has included the amount in the FY'09 budget. DESIRABILITY OF SERVICE: One of the stated action strategies of the Owasso Land Use Master Plan is to explore the feasibility of transit between the Cherokee Industrial Park and Owasso. Transit service could be another key step in moving Owasso towards becoming a contributing partner in the Tulsa regional economy. As Owasso grows, it continues to attract a demographic group that works in Tulsa, likes the quality of life that Owasso offers, and wishes to help the environment by cutting down personal commuting when possible. Studies indicate that the Tulsa metropolitan area is currently on the verge of reaching a "non- attainment" air quality status, and that such status could be avoided by small increases of participation in transit services. As the public continues to become more informed about issues such as this, the demand for services like commuter transit begins to grow. Offering such service could make Owasso more competitive in our efforts to attract residents. In 2005, a previous transit survey was conducted, which indicated 88 respondents could utilize and were willing to utilize the express commuter transit. As previously mentioned, the transit survey conducted this summer indicated 665 respondents who could utilize and were willing to utilize the express commuter transit. DETAILS OF POTENTIAL SERVICE: If approved, commuter bus service to the industrial park and downtown Tulsa could start in February or March, 2009. Bus fare would be $1.50 for a one -way trip. If the City opts to participate in the project, the Community Center would serve as the park and ride location. It is proposed that riders would be picked up from the Community Center at 7:05 AM, delivered to the Cherokee Industrial Park by 7:20, and delivered to various downtown Tulsa locations before 8:00. In the afternoon, riders would be picked up from various downtown Tulsa locations starting at 4:47 PM, picked up at the Cherokee Industrial Park at 5:24, and delivered to the Owasso Community Center by 5:35. The City of Collinsville has also been invited to participate in the commuter service. If Collinsville participates, one proposed location to serve that community is a church at Highway 169 and East 136`h Street North. Riders would be picked up from this location at 6:50 AM, and delivered back to the same location at 5:50 PM. If Collinsville participates, Tulsa Transit's service hours would increase to 917 hours annually, increasing the total cost of the service to $41,265. The City of Owasso would pay $30,015 as previously mentioned, and the City of Collinsville would pay the remaining $11,250. RECOMMENDATION: The staff recommends City Council approval of the express commuter bus service with Tulsa Transit, and authorization for the City Manager to execute an agreement for such service. ATTACHMENT: Proposed Purchase of Service Contract TLI IT PURCHASE OF SERVICE CONTRACT This Contract made and entered into this DATE, by and between the Metropolitan Tulsa Transit Authority, 510 South Rockford Avenue, Tulsa, Oklahoma 74120, a public trust organized and existing under the laws of the State of Oklahoma ( "MTTA ") and the City of Owasso, 1 I 1 North Main, Owasso, Oklahoma 74055, a municipal corporation ( "City "). WITNESSETH: WHEREAS, there exists in the City a need to provide public transportation services to enable the citizens of the City to access employment, health care, educational services, social services, recreation, and other opportunities and amenities; and, WHEREAS, the City desires to provide the needed transportation services to the extent feasible given existing financial constraints; and, WHEREAS, MTTA, an experienced provider of public transportation services in the metropolitan Tulsa region, wishes to provide the needed services for the City. NOW, THEREFORE, in consideration of the mutual agreements herein contained, MTTA and the City agree as follows: Description of Service: MTTA hereby agrees to provide and maintain public transportation express bus service connecting the cities of Owasso and Tulsa via a route mutually agreed upon by the parties to this agreement. This system shall operate each weekday during agreed upon hours, exclusive of holidays, for that period of time during which this agreement shall remain in effect. The system implemented by MTTA shall be one consisting of the number of available vehicles requested by City operating in a manner as presented to and approved by the Owasso City Council and approved by MTTA. It is expressly understood that the number of requested vehicles provided is dependent upon the number available for this purpose within the MTTA fleet, as determined solely by MTTA. MTTA shall not be obligated to accept a number of riders on any vehicle in excess of the number which is the sum of the number of passengers which can be seated on the vehicles plus the number which is up to twenty percent (20 %) standees based upon the seating capacity of the vehicle. The City shall advise MTTA of the desired service area, routes and stops (subject to the joint approval of the City and MTTA for safe and efficient public transportation operation). 2. Cost of Service: The city shall provide a reimbursement for bus services provided by MTTA in the amount of $45 per service hour. The projected service hours covered by this agreement are 667 hours. Hours provided above this projection will be reimbursed by the city to MTTA at a rate of $45 per hour. MTTA shall invoice the city each month for the previous month's service hours provided. 3. Fares: Fares charged and collected by MTTA shall be based on MTTA's standard rate schedule in effect during the period covered by this agreement. 4. Term of Agreement: This Agreement is effective as of DATE, and shall continue through DATE. 5. Termination: Either party may terminate this agreement by giving the other party at least thirty (30) days' written notice of its intention to terminate. 6. Excusable Default: MTTA shall not be held in default of this Agreement if it is prevented from performing by conditions entirely beyond its control, such as, but not limited to, acts of God, strikes, war or other emergencies, including then existing road conditions making performance impossible or illegal. 7. Integration: It is understood and agreed that this Agreement contains all the covenants, stipulations, and provisions agreed to by the parties and neither party is nor shall be bound by any statement or representation not in conformity with this Agreement. This Agreement may not be modified except in writing, signed by both parties. 8. Law Controlling: It is the understanding of MTTA and the City that this Agreement shall be governed by the laws of the State of Oklahoma and by the laws of the United States applicable in whole or in part to public transportation systems. It is further understood and agreed that any such applicable law shall be deemed to be part of this Agreement, binding upon the parties hereto as if such law were set forth fully herein. MTTA shall hold the City harmless from any liabilities, obligations, losses, damages, penalties, claims, actions, costs and negligence of whatsoever kind caused by MTTA. The City shall hold MTTA and the City of Tulsa harmless from any liabilities, obligations, losses, damages, penalties, claims, actions, costs and negligence of whatsoever kind caused by the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the day and year first mentioned. METROPOLITAN TULSA TRANSIT AUTHORITY I: ATTEST: William Cartwright, General Manager CITY OF OWASSO, OKLAHOMA .0 ATTEST: Sherry Bishop, City Clerk Rodney J. Ray, City Manager MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DAN YANCEY CHIEF OF POLICE SUBJECT: REQUEST TO PURCHASE FIVE POLICE VEHICLES DATE: October 15, 2008 BACKGROUND: The FY 2008 -2009 operating budget provides funding for the purchase of seven (7) police 4- door sedans, of which six are assigned to the patrol division and the remaining vehicle is assigned to the detective division. 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 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 recommends Council approval to purchase five (5) 2009 Ford Crown Victoria's from United Ford of Tulsa and authorization for payment in the amount of $108,946. MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY D. ROONEY ASSISTANT CITY MANAGER SUBJECT: DEBRIS MANAGEMENT PLAN DATE: October 15, 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: Staff recommends Council adoption and approval of the proposed Debris Management Plan. ATTACHMENTS: 1. 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: • 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. RECOVERY: • 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 , 20 Owner Owner 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 15, 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. Staff s 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: Staff recommends Council approval and payment to AT &T in the amount of $19,873.47. ATTACHMENTS: 1. AT &T relocation contract 2. Final AT &T Invoice CWOTS #: 773-D6 aw 5305 E. 711' St 3195� Tulsa, OK 74136 Page I of 4 September 15, 2006 CWOTS Number: 773 Customer Billing Telephone Number 1*1 WORK SITE LOCATION: E 76 N to E V St on Main, Owasso, OK DESCRIPTION OF CUSTOM WORK, Remove all aerial plant from E 76 N to E 3 St on Main for City of Owasso beautification project. ESTIMATED LABOR, $23,141715;ESTIMATED MATERIALS: $6,195,84; i ESTIMATED OVERHEAD EXPENSE: $6,067.47, TARIFFILICENSE AGREEMENT EXPENSE: $0.00 COST OF MONEY EXPENSE: $11419.47 CHARGE FOR CUSTOM WORK: ESTIMATED COST: S 35,300.03 (Actual charges may exceed thi% estimated cost Should concealed conditions exist, including conditions that may exist below the surface of the ground, or if conditions exist that could not have been anticipated by Southwestern Bell Telephone, -L.P. at the time of this agreement, Southwestern Bell Telephone, L,P "I be entitled to additional funds and/or additional time to complete the work, Southwestern Bell Telephone, L-P. will request such additional funding andlor additional time th"h a mquest for a change order, EM Wl WQ! 10TUMMINTlyVes, are oeem signing where indicated ♦ the change order. MOTS #: 773-06 Page 2 of 4 Under no circumstances will Souttrwestern Bell Telephone, L.P.'s request for a change order be deemed or used as evidence of delay on the project, Nor will any change order issued in this project be. used to charge Southwestern Bell Telephone, L.P, with responsibility for any alleged delay on the project Under no circumstances will Southweitern Bell Telephone, L.P- be held liable to Applicant, Aoolicantil"I= Wt It ULawi# Iza K#1;4r KA*J I a fitsc gJam, a I ITEM It I;A MEJ, 'A L! E&YmgqT- Applicant agrees to make an advance payment of s o.w prior to commencement of the work. Applicable charges for Custom work will be billed on a special Nit Separate from the bill that Applicant receives for telephone service, Applicant, its a; P or em ft "I ents., servant , UUM ' I I ", 441 the date of signature on the change order. 11 to make payment within the designated thirty (30) day time Period will operate to cancel the change Southwestern Bell Telephone, L,P,, will cease all work activity on the project until:payment is made. When the Parties aaree to IT� 4 V IWW1111 an advanced paymentas indicated above. 'Applicable to orders over $25,000 and work will take 6 or more mortins to complete- If the Applicant cancels the work prior to completion, Applicant must notify Soulhweslern Bell Telephone, L.P., in writing of said cancellation, L.P, for the costs it has Incurred in starting performance und�rlhe co-ntract, If Applicant has made an advan payment, Southwestern Bell Telephone LP. will deduct ft cestsand expenses incurred as of the date of Applicant's notice of cancellation from the amount of the advance payment. Any amount remaining will be refunded to Apphcant, I CWOTS #: 773-06 AW-0 Page 3 of 4 at &t k$T1 M1EQ2BJCE-QMOTE The above estimated price is guaranteed for 60 days from September 15, 2006- It the charges are not accepted within 60 days the order will be cancelled and a new order will need to be placed, The second estimate may be higher than the estimated price set out above. %7F , *7. .Xr,V*T- .Jq e`er In the event that Applicant issues a stop work order, or places the project 'on hold", at any point during the progress of the wot*, 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 price quoted herein will remain valid until sixty (60) days from the date of the stop work or *hold' work order, At the expiration of the sixty (60) days, the contract price quoted herein w0I expire and a new contract price wfll be determined 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 wok or *hold* work order, Applicant elects to cancel the contract, Applicant must inform Southwestern Bell Telephone, L.P., In writing of the cancellation. Southwestem Bell Telephone, L.P.. will deduct any expenses incurred in performing the work from Applicant's advance paymentand refund any remaining funds to Applicant, Under no circumstances will Southwestern Bell Telephone, L.P., be responsible to Applicant for any alleged damages or additional expenses incurred by Applicant as a result of astop work order or an order to *hold* work on the project, Li �- �- �1 I 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 shaft 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 costs of arbitration. Oklahoma law governs the application of this agreement and all terms contained therein, WINALM" Applicant, its agents, servants, and employees hereby agree to indemnify and hold harmless Southwestern Bell Telephone, L.P., and its employees, agents and contractors, from and against any and all claims, costs, 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, CWOTS #: � 77341, Page 4 of 4 IM ND N-1 The parties agree that the terms set forth herein constitute the entire agreement and there are no other agreements regarding the project that is the subject of this agreement between the parties. MODIFICATION 4 NQT19E Atv Undi i fit Any party to this agreement may provide the other party with notice of any fact or condition by providing such information in writing and serving said writing via certified mail, return receipt requested. Authohz Signature," Title or Relationship to Company or Individual Company- Printed Name., PURCHASE ORDER NO. Z 7"O'031k Ui 9,k,,f'a Z Title: / Area Manager- oistruction/Engin eerie g Date- tie beer is, 2oos 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 0 7 U 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 W 1-.0 Sponsor of the U.S. 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 15, 2008 BACKGROUND: Included in the Capital Improvements Plan, this roadway improvement project consists of new, five -lane, Portland cement concrete paving between East 76t Street North and East 861h Street North and between East 86th Street North and East 93rd Street North, drainage improvements along its full length and permanent signalization at the Owasso High School and Owasso 0h 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: Staff recommends 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 FeaU,John From: Stalcup, Randy J. [Randy.St@ICUp@oneok,com] Sent: Tuesday, September 02, 2008 8:06 AM To: Feary, John Cc: Huey, Mike Subject: RE: 129th St. Relocates Attachments: Picture (Device Independent Bitmap) M 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'? 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 $25,000 overrun is a result of this relocation (this includes approximately 200ft of a 4"P rock bore to get the depths needed to get below the proposed drainage ). During the project, on our bored crossings, we decided to lengthen them to ease the installation because of the rock encountered. We did this to benefit ONG and it was not charged to the City. On the original agreement (contract cost) we had some rock prices in it but we encountered rock on the majority of the project which drove up the cost of the Contract Cost. See percentages below: ORIGINAL: ONG = 54.13%$ OWASSO = 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 Stalcup Government Relocation Coordinator 5848 E. 15th St, Tulsa, OK 74112 918.831,8259 AGREEMENT GAS FACILITIES RELOCATION t2911 F. AVE., 76 T ST. NO. TO 96 T ST. NO. CITY OF OWASSO TULSA COUNTY Oklahoma. Natural Gas Company, a Division of O.NEOK, Inc., hereinafter called "Company," owns various medium - pressure and low- pressure distribution natural gas pipelines within. the construction limits of the referenced project in the City of Owasso, Tulsa County, Oklahoma, which Company utilizes in the discharge of its duties as a public service corporation. City of Owasso, Oklahoma, 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 therefore, the latest of which were received electronically by Company on July 6, 2007. City agrees to reimburse Company in. the extent and manner hereinafter stated for 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 in 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 the portions of the .facilities which do not occupy private rights -of -way. The 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 manner as used in Company's estimated cost of the project attached hereto. Such relocation costs will be based upon, but not necessarily limited 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 tune 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 with this agreement within. 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 amount of the reitribursement by the City may exceed the estimated cost as stated herein, Companv shall notify the City of such determination in. writing. City shall have the right to terminate 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 of termination..If the City does not terminate the agreement within the ten (10) days, it shall remain in fitll force and effect. The Company by agreeing to or by abandoning, .relocating, or modifying any of its facilities pursuant to this agreement shall not thereby be deemed to have abandoned, modified, released, or otherwise destroyed any of its rights existing at the time of the execution of this agreement under valid and subsisting private right -of.- -way easements granted to, obtained by or through condemnation, or otherwise vested in the Company unless the Company shall have released same by written instrument. Further, should the Company it, the course of relocating the above- described facilities relocate any of such facilities Page l of 3 presently located on private right-of-way onto Public right-of-way, the Company sliall be. deemed in respect to such facilities to have retained sufficient easement and other rights such that if said facilities are encompassed within any future governmental project requiring relocation, adjustment, or abandonment of such facilities, that the Company shall be entitled to reimbursement for the cost of such relocation, adjustment, or abandonment from the governmental agency requiring the sanie; provided, however, this provision shall riot be construed is requiring reimbursement by the City of Owasso except when such relocation, adjustment, or abandonment is required for a project of the City of Owasso. /.\i-iy changes made by the City in this proposal as submitted by the Company shall be subject to the written. acceptance thereof by the Company before there is any binding contract between the parties, City by accepting this proposal warrants that it now has or will have unencumbered finds available with which to pay the relocation costs to the extent herein above provided.. If this proposal is 'lot accepted by the City within one (1) year from the date of this letter, this proposal shall automatically terminate and thereafter shall not be subject to acceptance by the City unless the proposal is reinstated by Company. Company respectfully requests that the City of Owasso agree to the ter" of this proposal by signing in the space provided below and returning one executed copy to us. AT'FEST: OKLAHOMA NATURAL GAS COMPANY, OFF (0 A Dl"ISIN NE7i By: ecretary ""eve Wood Dated: 1-14 -07 Vice President - Operations Nge 2 of 3 APPROVED as to form and legality this _ day of mey Cl'f Y OF OWASSO, OKLAHO-AIIA Mayor Step en Cataudella ATTEST; (WrICIAL SEAL City Clerk er x ry Bisho *�2 This.---day of '1007. ONGJO NO. 021.055.2157.010000 P,ige 3 of 3 2007. OKLAHOMA NATURAL GAS COMPANY ESTIMATES? GAS FACILITIES RELOCATION COST NORTH 129TH EAST AVENUE - PHASE 2 INSTALLATION J.0.021.055.2157.010000 CITY OF OWASSO, OKLAHOMA MATERIAL COST: 4" PIPE, PLASTIC, 2406, 295 Wr, SDR 11.5, YELLOW. 600' COILS 4" Pipe, PLASTIC, 2408, .395 W7`, SDR 11.5, YELLOW, 40' COILS 4 "X4" SADDLE, ELECTROFUSION, MD, PE 2406, LESS SLEEVE 4" ELI., BUTT FUSION, 90 DEGREE. MD PE 2406 4" CAP. BUTT FUSION, IPS, MD PE 2406 #10 rFIHN VMRE, SOLID, COPPER, 1000' ROLL, ANY COLOR 5# ANODE- MAGNESIUM PACKAGED. 10 F'r LEAD BOLT- SPLIT, CONNECTOR, RANGE 16STR -10STR TAPE - ELECTRICAL, PUTTY, 1.50" INSULATED MISC. MATERIAL ESTIMATED MATERIAL COST INSTALLATION COST: Stores Expense Contract Construction Labor Contract Engineering Services Company Labor Indirect Labor, Payroll, Insurance, and Taxes Automotive Expense Right of Way Damages TOTAL T_ UNIT COST AMOUNT 600 ft. 1.74 $1,044 40 ft. 1.77 $71 8 ea. 61.49 $492 16 ea. 7.00 $112 16 ea. 4.84 $78 700 ft. 0.06 $42 11 ea. 17.85 $197 8 ea. 0.59 $5 1 roll 7.89 $8 410 $2,459 Administrative and General Expense Omissions and Contingencies ESTIMATED INSTALLATION COST ESTIMATED MATERIAL COST ESTIMATED ABANDONMENT COST TOTAL ESTIMATED RELOCATION COST Actual Replacement FINANCIAL RESPONSIBILITY Total within Private Right of Way = 250 ft. Total within Public Right of Way = 295 ft . City Share 250 ft, within additional required RiUV.,_ 45.87 °I° _ 545 ft. within total required RIVV $33,164 ONG Share 295 ft. withinpresent public R/W 54 13% 545 ft. within total required R/W $39,135 Eastern Region Engineering (Randy Stalcup) Utility Design Services Inc. (Jerry Noll) 9/7/2007 AMOUNT $406 $35,005 $6,887 $5,251 $2,159 $788 12,500 $55,455 $8,668 $6,412 $68,076 $2,459 $1,764 $72,299 august 6, 2008 City of Owasso Attn: Ana Stagg Public Works Director 301 W. 2 "d Ave. Owasso, OK 74055 Dear Ms. Stagg: 5 1 A WVISiON OF ONEOK RE: PIPELINE RELOCATION FOR ROAD AND DRAINAGE IMPROVEMENTS CITY OF OWASSO PROJ: 1,29" E. AVE., 76"' STN 'TO 96 STN, ONG JOB ORDER NO. 021.055.2157,010000 Enclosed are copies of the claim and supporting papers for the Final Billing against the City of Owasso,, in the amount of $59,347.65 for cost incurred on the referenced project. Please mail paynient with a separate check (please do' not include with utility bill payment) to Oklahoma Natural Gas Company, ATTN: Property Accounting, P.O. Box 401, Oklahoma City, OK 73101-0401 Sincerely, Priya RanikUlnar, Director Property Accounting and Reporting Enclosures 40.i Nodi lkwvev jjvenjje Oklahoma City, 0K 7 3102 3nO) P 0, Rox'M Okhlfiolm Cky, ()K 73 1 W 010I ;4!05 551-6500 fa� (11M) 5S I 6717� OKLAHOMA NATURAL. GAS RELOCATE 4" FOR DRAINAGE IMPROVEMENTS project no. 129TH E AVE, 76TH ST N TO 961 11 ST N TULSA COUNTY JOB ORDERS: 021.055.2157.010000 ....... _ MATERIAL COS 'LS QUANTITY UNIT $ /UNIT AMOUNT MAGNESIUM, PACKAGED 5 LB. 10 FT LEAD, H1 ALLOY..05 COPPER COMPANY LABOR 327.41 CONTRACT LABOR - NORTHERN PIPELINE CONSTRUCTION FANIODE-CAST, T-SPLIT, CONNECTOR, RANGE 16STR -10STR 11 EA 16.2391 178.63 BUTT FUSION, 4" IPS, MD PE 2400 8 EA 0.5900 4.72 SOCKET" FUSION, .75" [314 "] IPS, MD PE 2406 8 EA 4.2600 34.08 PLING- ELECTROFUSION, 4" IPS, MD PE 2406 7 EA 0.5800 4.06 ELBOW -BUTT FUSION, 4 ", 90 DFG, MD PE 2406 10 EA 16.9100 169.1 PIPE -PE 2406,4" IPS, .395" WALL, SDR 11.5, YELLOW, 40' LENGTHS 16 EA 7.2694 116.31 PIPE -PE 2406,4" IPS, .395" WALL, SDR 11.5, YELLOW, 600' COILS 680 FT 1.7387 1182.29 REDUCER- SOCKET FUSION, 1.25" IPS X.75- [1 1 /4" IPS X 3 /4 "j, MD PE 2406 600 FT 1.9464 1167.83 SADDLE- ELECTROFUSION, 4" X 4 ", MO PE 2406, LESS SLEEVE 3 EA 1.9400 5.82 TAPE- ELECTRICAL, PUTTY, 1.50" 11 1 /2 "] INSULATED 8 EA 61.4350 491.48 TEE - TAPPING, SOCKET FUSION, 4" X.75" IPS [4" X 3/4" IPS]. MD PE 2406,.80" CUTTER 1 EA 7.9400 7.94 TEST - STATION, CATHODIC, 2.50" 12 112 "] ID X 18 ", PLASTIC, MAGNET 6 EA 3.2650 19.59 WIRE- TRACER, FOR BORING, SOLID COPPER. #10 AWG PER ASTM B -1 4 EA 15.3500 61 A 163,447.11_ 2000 FT 0.2594 518.74 TOTAL MATERIAL COSTS -_ .. J104,099A6) AMOUNT DUE -FINAL BILLING 3.961.99 _ INSTALiATION (' O.gT.q ADMINISTRATIVE AND GENERAL EXPENSE AUTOMOTIVE AND EQUIPMENT EXPENSE 48269.47 COMPANY LABOR 327.41 CONTRACT LABOR - NORTHERN PIPELINE CONSTRUCTION 1778.2 CONTRACT LABOR - PARNELL CONSULTAN'T'S INC 69899.16 CONTRACT LABOR - SAND SPRING METER CO CONTRACT LABOR - UTILITY DESIGN SERVICES INC 18998'67' 9400 INDIRECT LABOR, PAYROLL, INSURANCE. AND TAXES 6072.65 STORES EXPENSE 718.39 CONTRACT LABOR - PARNELL CONSULTANTS 990,53 TOTAL INSTALLATION COSTS 1720 PLUG - MALLEABLE IRON, 1 ", BLACK, THREADED, SQUARE 156,454.48 TOTAL MATERIAL AND INSTALLATION COSTS 204.41 HEAD, CORED RISER - SERVICE, .75" [314 "], ANODELESS, TRANSITION, 1" NPT STEEL X 3/4" IPS PLASTIC, 160,416.47 ADMINISTRATIVE AND GENERAL EXPENSE CAP -BUTT FUSION, 4" IPS, MD PE 2406 931.69 CAP - SOCKET FUSION, .75" [3 14'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 204.41 HEAD, CORED RISER - SERVICE, .75" [314 "], ANODELESS, TRANSITION, 1" NPT STEEL X 3/4" IPS PLASTIC, COATED STOP - METER, 1 ", IRON, 100 #, NONINSULATED, NONRELUBE, 4 EA 8.06 32.24 FLATHEAD STORES EXPENSE 4 EA 9.91 39.64 TEE - TAPPING, SOCKET- FUSION, 4" X75" IPS 14'X 3/4" IPS], MD PE 2406_80- CUTTER, 12" SLEEVE AN i_ 6 EA 1265 19.59 _ TOTAL RETIREMENT J 3,030.54 TOTAL COST FOR PROJECT 163,447.11_ LESS: ONG COMPANY SHARE (63.69 %) .. J104,099A6) AMOUNT DUE -FINAL BILLING - ss,saa.ss "ECEIVED AUG ., 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 15, 2008 BACKGROUND: In accordance with the 2005 Stormwater Master Plan, the improvements related to the enhancement of an existing %2 -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 recommends approval of Change Order No. I 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 recommends 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 N m N m a_ N m CD N m m 0� r_i J J LL OD CS) m N CD C i V O cl"rY OF OWASSO PUBLIC WORKS DEPARTMENT PROJECT ALLOWANCE REQUEST SUMMARY SHEET Contractor- PIT Co Pralec} Three Lak TOTAL AW)UNT OF REOL EST Date if the change request requires more that one single part an itemized sheet for each mquesi listed shall b9 attached RAV. z0b CL J 2 O l- Mustang Trucking Ticket Loads Hours Date Hauled 26863 4 3.75 10/23/2007 Mud /Dirt 25804 5 5 10/23/2007 Mud /Dirt 26940 5 4.5 10/23/2007 Mud /Dirt 26446 4 3.75 10/23/2007 Mud /Dirt 26941 11 9 10/24/2007 Mud /Dirt 25806 11 9.75 10/24/2007 Mud /Dirt 26447 11 9 10/24/2007 Mud /Dirt 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 11/1/2007 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 Best Trucking Ticket Loads Hours Date Hauled 26018 9 8 11/14/2007 Mud /Dirt 27930 8 7.5 11/14/2007 Mud /Dirt 26328 8 8 11/15/2007 Mud /Dirt 26019 9 8.5 11/15/2007 Mud /Dirt 28388 9 8.75 11/15/2007 Mud /Dirt 26329 7 8 11/16/2008 Mud /Dirt 50 48.75 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-09-2008 15:09 FIT LLC 9165820075 P.02/04 APPLICA VIOLA AND Cl'!('f ICA I I V, < PA Y;11 _N"I 1'agc One of '0: Application Date:. U--d- '-!Ljr PROJE.CT: —, C CONTRACT FOR: Period To: Ir Distribution To I CONTRACTOR'S APPLICATION FOR PAYMENT I Owner Architect Contractor Engineer Application is made for payment, as shown below, in connection with the Contract. Continuation sheet is attached. I. Original Contract Sum 031,� 2. Not Change by Change Orders 3. Contract Sum to Date {Line I & 2) 4. Total Completed & Stored to Date 1.L 4 Sq (Col mmn G on Continuaition Sheet) 5. Retainage: a.—LVI of Completed Work (Column D & E on Continuation Sheet) - FINAL of Stored Material oe (Column F on Continuation SlIect) Total Retainage (ririe.ia & 5b) 6. T*Otal Earned Less Retainage (i,itie 4 less 7. Lcss 111,Cviotis Ccj�jlj-lcates for j,,1V11-1C11t 00300 - I QN5 . F-10 OCT-09-2006 15:09 FIT LLC Van" AYMI"''l DUE' 9185820075 P.03,'04 P N Now vinish, Nus Rctainage Une 6) CI 1ANGE ORDER ;SUMMARY: ADDITIONS DEDUCTIONS Change Orders approved in previous moriths by OWNER TOTALS $ Approved this month Number Date Approved TOTALS e Orders Net Change by Change The undersigned Contractor certifies that to tb&- best of the Contractor's knowledge, information ent has * been "completed comp and belief. the WORK covered by this s-Applicadon for payrn leted in a000rdan ' cc with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certi sates for Payment .w'.er-'e:'i;��t�—��d'pa)4iientj received from the - Owner, and that current 13a "shown Wein is now due. OMP�ACTOR:.. TT By. Date STATE OF OKLAHOMA COUNTY Or, IkIM ) SS Subscribed and sworn to before me this t day cif �j 40'r C, .111jr . I #0 14 4 °f N fiery Public 4 MY Commission Expires, 01 flfhn, hL 00300 - fla-C 9 of 15 �"� i I1i;iIti%?!!li.� "t<i�if�►il�Iiitii . ,[�l�F.1 f OCT-09-2008 15:09' FIT y, lLLt 7 yy 77 y ( 9185820�7"� P.04/04 !i it t. t.; ( �.�. t) i i.�d {7i �Vf.i ,��� {.1.11 i fl't( �P f I. l�Of� VA T�lti.� ' f fn aCCOrd"HiCC Wrt1l tilC i.;C7fttriiC;t do Ct1ments, hosed on ori-s' i) ?7.iCtV,' ?ift)f11 Ftn� comprising t :c tt(),zvc <rIzl7liiran, the nrcilitcct /1:nf:incrr c rtilic�, to the t ?wr;r,•r that 10 the bust of the /�rrlsilc4tlslf:nt;lrtccr's krioWledbc, inibrtnation aty t faCiic :f, th{: ',Nnrfc i,<as I)ruf;rC s4e� {t ati indicalcd, tliC q(tailly of the W()[? k t$ iii ae— ()r'dance %vlth the (• Utitrt { {'t f�{5C:1rTiClIIS; .''!tl!I Itf {' (,'ontractor is entitled to paymcrnt of the atliount certified. AMOUNT CIERTIFIED $ (Attach explanation if amount eertifieers frr�tn the amount applied f6r.) nRCI� ITGC' F GINGER: $y' f� Date: X�s ertttt� ate is not negotiable. The AIv1OU T CERTIFIED is payable only to the contractor ed herein. Issuance, payment and acceptance of payment without prejudice to any rights of the Owner or Contractor under this Contract. 00300 - vagc 10 or 1 i TOTAL P,04 CI -AIM OIZ INVOICE AFFIDAVIT STATE OF OKLAHOMA ) )SS COUNTY O �'CC ) The undersigned (Architect, Contractor, Supplier, Engineer or Supervisory Official), of lawful age, being first duly sworn, on oath says that this (Invoice, Claim or Contract) is true and correct. Affiant further states that the (work, services or materials) as shown by this Invoice or Claim have been (completed or supplied) in accordance with the Plans, Specifications, orders or requests furnished to the Affiant. Affiant further states that (s)he has made no payment, nor given, nor donated, or agreed to pay, give, or donate, either directly or indirectly, to any elected official, officer, or employee of the State, County, or City of money or any other thing of value tp-obtain payment or the award of this contract. or Subscribed and sworn to before me this. Iq— day of jA4 Notary Public A p Commission # C&M('j((L R�10 (NAND p(.)R My Commission Expires: l %2C{ ���2, x`08001206 'I EXP:01129IM12 .am 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 I;nginecr app signature line. Architect, rova Cd r or uppier Affidavit. 0807 AGREEMEM[ 00300 - Page 12 of 15 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 15, 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 recommends 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. ATTACHMENTS: 1. Approved Overlay Sites 2. Agreement 3 a CL ATTACHMENT "A" 2008 -2009 PAVEMENT REPAIR LOCATIONS ONLY 2008 -2009 PAVEMENT REPAIR AND OVERLAY LOCATIONS C) 2008 -2009 PAVEMENT REPAIR ALTERNATE PROJECTS 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 72008 ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney ATTEST: COUNTY CLERK CITY OF OWASSO Stephen Cataudella, Mayor BOARD OF COUNTY COMMISSIONERS TULSA COUNTY, OKLAHOMA