HomeMy WebLinkAbout2008.11.18_City Council AgendaPUBLIC NOTICE OF THE MEETT " vyJ
OWASSO CITY COUNC
Agenda
TYPE OF MEETING: Regular File
DATE: November 18, 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,
November 14, 2008. `�
JE xliann M. Stevens, Depufy City Clerk
AGENDA
1. Call to Order
Mayor Stephen Cataudella
2. Invocation
Pastor James Stotts, Fellowship Tabernacle
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 November 4, 2008 Regular meeting and November 11, 2008
Special meeting.
Attachment # 5 -A
S:Agendas \Counci1\2008\ 1118. doc
Owasso City Council
November 18, 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. Approval of Ordinance No. 934, an ordinance approving annexation request OA 07 -08, a
request to annex approximately 990 acres located southeast of the intersection of East 76th
Street North and North 161St East Avenue, such property being within Stone Canyon, a
planned unit development.
Attachment # 5 -D
Staff recommends Council approval of Ordinance No. 934 and has listed this item in the
consent section of the agenda based on Council actions taken November 4, 2008 to
approve the annexation request.
E. Consideration and appropriate action relating to a request for Council acceptance of the
traffic signalization at the U.S. Highway 169 and State Highway 20 interchange.
Attachment # 5 -E
Staff recommends Council acceptance of the traffic signalization and has listed this item in
the consent section of the agenda based on Council actions taken September 20, 2005 to
approve a project agreement between the City of Owasso and the Oklahoma Department
of Transportation for the installation of the traffic signalization.
Consideration and appropriate action relating to a request for Council approval of a final plat
for the Christ's Church of Owasso, proposing one lot in one block on approximately 14.66
acres, more or less, located on the north side of E. 96th Street North approximately % mile east
of N. 129th East Avenue.
Ms. Darnaby
Attachment # 6
Staff will recommend Council approval of the Christ's Church of Owasso Final Plat.
Owasso City Council
November 18, 2008
Page 3
7. 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 # 7
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.
8. Consideration and appropriate action relating to a request for Council approval of an
Engineering Services Agreement between the City of Owasso and the Benham Companies
LLC for miscellaneous stormwater engineering review and analysis in an amount not to
exceed $85,000; and, authorization for the Mayor to execute such agreement.
Mr. Stevens
Attachment # 8
Staff will recommend Council approval of an Engineering Services Agreement between the
City of Owasso and the Benham Companies, LLC in an amount not to exceed $85,000.
9. Consideration and appropriate action relating to a request for Council approval of a contract
between the City of Owasso and the Owasso Land Trust for the purchase of real property
containing 10.66 acres, more or less, in the amount of $ 1,159,785.60; authorization for
payment of this amount and all required closing costs to the Owasso Land Trust; and,
authorization for the Mayor to execute the purchase contract and all other documents
necessary to the land purchase.
Mr. Ray
Attachment # 9
Staff will recommend Council approval of a contract between the City of Owasso and Owasso
Land Trust in the amount of $1,159,785.60 for the purchase of real property containing 10.66
acres, more or less, located north of E. 106th Street North and east of US HWY 169;
authorization for payment; and, authorization for the Mayor to execute all necessary
documentation.
Owasso City Council
November 18, 2008
Page 4
10. Consideration and appropriate action relating to a request for Council approval of a contract
between the City of Owasso and H. Allen and Doris L. Robinson Trust for the purchase of real
property containing 14.64 acres, more or less, in the amount of $1,889,632.80; authorization
for payment of this amount and all required closing costs to the H. Allen and Doris L.
Robinson Trust; and, authorization for the Mayor to execute the purchase contract and all
other documents necessary to the land purchase.
Mr. Ray
Attachment # 9
Staff will recommend Council approval of a contract between the H. Allen and Doris L.
Robinson Trust for the purchase of real property containing 14.64 acres, more or less, located
north of E. 106th Street North and east of US HWY 169 in the amount of $1,889,632.80;
authorization for payment; and, authorization for the Mayor to execute all necessary
documentation.
11. Consideration and appropriate action relating to a request for Council approval of a donation
agreement of real property between the City of Owasso and Tulsa Technology Center School
District containing approximately 25.30 acres, more or less, for the purpose of constructing
the Owasso Tulsa Tech Campus; and, authorization for the Mayor to execute such agreement.
Mr. Ray
Attachment # 9
Staff will recommend Council approval of a donation agreement of real property between the
City of Owasso and Tulsa Technology Center School District containing approximately 25.30
W
acres, more or less, located directly east of US HY 169 between N. 106' Street North and
N. 116th Street North; and, authorization for the Mayor to execute all necessary
documentation.
12. Consideration and appropriate action relating to a request for an executive session for the
purpose of discussing personnel matters relating to the office of the City Manager, such
executive session provided for in O.S. 25, Section 307(B)(1).
Mayor Cataudella
Owasso City Council
November 18, 2008
Page 5
13. Consideration and appropriate action relating to a request for Council consideration of an
agreement for services between the City of Owasso and Rodney J. Ray.
Ms. Dempster
Attachment #13
The City Council will consider an amendment to the current personal services agreement
between the City of Owasso and the City Manager, wherein the compensation and terms of the
agreement are modified.
14. Report from City Manager.
15. Report from City Attorney.
16. Report from City Councilors.
17. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda.)
18. Adjournment.
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, November 4, 2008
The Owasso City Council met in regular session on Tuesday, November 4, 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 31, 2008.
ITEM 1. CALL TO ORDER
Vice Mayor Gall called the meeting to order at 6:30 p.m.
ITEM 2. INVOCATION
The invitation was offered by Reverend Jim Schnorrenberg, First Christian Church.
ITEM 3. FLAG SALUTE
Council Sinex led the flag salute.
ITEM 4. ROLL CALL
PRESENT
D.J. Gall, Vice Mayor
Wayne Guevara, Councilor
Jon Sinex, Councilor
A quorum was declared present.
STAFF
Rodney Ray, City Manager
Julie Lombardi, City Attorney
ABSENT
Steve Cataudella, Mayor
Doug Bonebrake, Councilor
ITEM 5. PRESENTATION OF THE CHARACTER TRAIT OF THE MONTH
Ms. Cheryl Pfeffer presented to the Council "Gratefulness," the Character Trait of the Month for
November, 2008.
Owasso City Council November 4, 2008
ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA
A. Approval of Minutes of the October 21, 2008 Regular Meeting.
B. Approval of Claims.
C. Approval of Ordinance No. 931, an ordinance approving approval of
amendments to the Owasso Subdivision Regulations.
D. Approval of Ordinance No. 932, an ordinance approving annexation request OA
08 -02, consisting of approximately 3 acres located at 708 North Carlsbad, 710
North Carlsbad, and 711 North Carlsbad.
E. Approval of Ordinance No. 933, an ordinance approving annexation request OA
08 -03, consisting of approximately 10 acres, more or less, located north of East
96th Street North and east of North 136th East Avenue.
Mr. Guevara moved, seconded by Mr. Sinex, to approve the Consent Agenda with claims
totaling $416,988.18. Also included for review were the healthcare self - insurance claims report
and payroll payment report for pay period 10/25/08.
YEA: Gall, Guevara, Sinex
NAY: None
Motion carried 3 -0.
ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FOR COUNCIL ACCEPTANCE OF THE MAIN STREET STREETSCAPE
ENHANCEMENT PROJECT AND AUTHORIZATION FOR FINAL PAYMENT
TO CROSSLAND HEAVY CONTRACTORS IN THE AMOUNT OF $84,434.09
Mr. Feary presented the item, recommending Council acceptance of the Main Street Streetscape
Enhancement Project and authorization of final payment to Crossland Heavy Contractors in the
amount of $84,434.09.
Mr. Sinex moved, seconded by Mr. Guevara, for Council acceptance of the Main Street
Streetscape Enhancement Project and authorization of final payment to Crossland Heavy
Contractors in the amount of $84,434.09, as recommended.
YEA: Gall, Guevara, Sinex
NAY: None
Motion carried 3 -0.
PA
' Owasso City Council November 4, 2008
ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FOR COUNCIL APPROVAL TO ANNEX A PORTION OF STONE CANYON, A
PLANNED UNIT DEVELOPMENT
Mr. Wiles presented the item, recommending Council approval to annex into the city limits of
Owasso the northern most two square miles of the Stone Canyon Planned Unit Development,
located between North 161St East Avenue and North 193rd East Avenue, south of East 76th Street
North.
Owasso citizen, J.B. Alexander, addressed the Council speaking in opposition to the annexation.
Owasso citizen, David Charney, addressed the Council speaking in favor of the annexation.
Mr. Guevara moved, seconded by Mr. Sinex, for Council to annex into the city limits of Owasso
the northern most two square miles of the Stone Canyon Planned Unit Development, located
between North 161St East Avenue and North 193rd East Avenue, south of East 76th Street North,
as recommended.
YEA: Guevara, Sinex
NAY: Gall
Motion carried 2 -1.
ITEM 9. REPORT FROM CITY MANAGER
Mr. Ray invited all to the Veteran's Day Ceremony on Saturday, November 11th at 11:00 a.m.
ITEM 10. REPORT FROM CITY ATTORNEY
No report
ITEM 11. REPORT FROM CITY COUNCILORS
Mr. Gall commented on his vote in opposition to the annexation.
ITEM 12. NEW BUSINESS
None
3
Owasso City Council
ITEM 13. ADJOURNMENT
Mr. Guevara moved, seconded by Mr. Sinex, to adjourn.
YEA: Gall, Guevara, Sinex
NAY: None
Motion carried 3 -0 and the meeting was adjourned at 7:20 p.m.
Pat Fry, Minute Clerk
rd
November 4, 2008
D.J. Gall, Vice -Mayor
OWASSO CITY COUNCIL
MINUTES OF SPECIAL MEETING
Tuesday, November 11, 2008
The Owasso City Council met in a special meeting on Tuesday, November 11, 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, November 7, 2008.
ITEM l: CALL TO ORDER.
Mayor Cataudella called the meeting to order at 6:01 PM.
PRESENT ABSENT
Steve Cataudella, Mayor
DJ Gall, Vice Mayor
Doug Bonebrake, Councilor (In at 6:21 PM)
John Sinex, Councilor
Wayne Guevara, Councilor
A quorum was declared present.
ITEM 2 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REOUEST
FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING
PERSONEL 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 City Council entered into Executive Session at 6:05 PM. The Council
returned from Executive Session at 9:24 PM.
ITEM 3 INTRODUCTION OF AND BRIEF DISCUSSION WITH POTENTIAL SALES
TAX WATCHDOG COMMITTEE APPOINTEES.
Due to the length of the Executive Session, this item will be rescheduled for the December work
session.
Owasso City Council
November 11, 2008
ITEM 4 PRESENTATION PROVIDED BY THE ASSISTANT CITY MANAGER FOR
ADMINISTRATIVE SERVICES FOR THE PURPOSE OF REVIEWING
VARIOUS CITY POLICIES PROCEDURES AND FUNDS.
Due to the length of the Executive Session, this item will be rescheduled for the December work
session.
ITEM 5 DISCUSSION RELATING TO COMMUNITY DEVELOPMENT DEPARTMENT
ITEMS
A. REQUEST FOR FINAL PLATS (2)
Mr. Rooney reviewed the above items. It was explained that the Final Plat for the McDonald's
Addition was tabled at the request of the applicant at the Monday evening Planning Commission
while Christ's Church of Owasso Final Plat was unanimously approved. The Christ's Church of
Owasso Final Plat will be forwarded to the City Council for action at the Tuesday, November 18,
2008 regular meeting.
ITEM 6 DISCUSSION RELATING TO PUBLIC WORKS DEPARTMENT ITEMS
A. REVIEW OF PROPOSALS FOR STORMWATER REVIEW ENGINEERING
SERVICES
Mr. Rooney reviewed the above item. It was explained that a total of 7 firms submitted
proposals to provide the engineering services requested by the City of Owasso. Upon review,
staff is recommending that the Benham Companies, LLC be awarded Engineering Services
contract for Stormwater review. This item will be forwarded to the City Council for action at the
November 18, 2008 regular meeting.
ITEM 7 DISCUSSION RELATING TO CITY MANAGER ITEMS
A. PROPOSED CITY NEWSLETTER
B. RURAL WATER DISTRICTS UTILITY BILLING AND COLLECTION
C. PROPOSED E. 76TH STREET NORTH SANITARY SEWER INTERCEPTOR
PAYBACK AGREEMENT
D. ACQUISITION OF REAL PROPERTY AND DONATION TO TULSA
TECHNOLOGY CENTER
E. CITY MANAGER'S REPORT
Mr. Rooney, Ms. Hess, Ms. Bishop, and Mr. Ray reported on the above items. It was explained
that the City Newsletter would be mailed out beginning the last weekend of November on a
quarterly basis, while action on the Rural Water District Utility Billing and Collection would be
delayed. The Sanitary Sewer Interceptor Payback Agreement, as well as the Acquisition of Real
Property and Donation to Tulsa Technology Center will be forwarded to the City Council for
2
Owasso City Council
November 11, 2008
action at the November 18, 2008 regular meeting. Mr. Ray also provided a City Manager's
Report.
ITEM 8 LEGISLATIVE REPORT
No report.
ITEM 9 REPORT FROM CITY COUNCILORS
City Bonebrake thanked members of the staff and City Council that have served our Country in
the armed forces and continue to serve.
ITEM 10: ADJOURNMENT
Councilor Sinex motioned for adjournment, seconded by Councilor Guevara. All were in favor
and the meeting adjourned at 10:58 PM.
Mayor
3
Claims List
11/18/08
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
GENERAL
AEP /PSO ISTREET
LIGHTS
13.71
TOTAL GENERAL 13.71
MUNICIPAL COURT
TREASURER PETTY CASH
MEETING EXPENSE
51.21
AMERICAN MUNICIPAL SERVICES LTD
COLLECTION FEES
99150
TERA FOWLER
TUITION REIMBURSEMENT
172.50
FRANK W AMBRUS
BAILIFF SERVICES
350.00
OFFICE DEPOT INC
OFFICE SUPPLIES
131
TOTAL MUNICIPAL COURT 1,568.92
MANAGERIAL
OFFICE DEPOT INC
OFFICE SUPPLIES
55.09
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
36.57
JPMORGAN CHASE BANK
NEIGHBOR NEWS- ANNUAL FEE
40.00
JPMORGAN CHASE BANK
MEETING EXPENSE
61.25
PATTY'S DONUTS & EGG ROLL
EMPLOYEE APPRECIATION
43.20
JPMORGAN CHASE BANK
ACADEMY - SUPPLIES
133.65
JPMORGAN CHASE BANK
ACADEMY - VETERANS CEREMONY
24.75
JPMORGAN CHASE BANK
ACADEMY - VETERANS CEREMONY
24.75
JPMORGAN CHASE BANK
MEETING EXPENSE
75.89
JPMORGAN CHASE BANK
MEETING EXPENSE
114.74
JPMORGAN CHASE BANK
OFFICE DEPOT -PAPER
32.46
FLEETCOR TECHNOLOGIES
FUEL CHARGES FOR OCT 2008
123.14
JPMORGAN CHASE BANK
US INTEGRATION- MEMBER FEE
177.99
TOTAL MANAGERIAL 943.48
FINANCE
FLEETCOR TECHNOLOGIES
FUEL CHARGES FOR OCT 2008
16.37
OFFICE DEPOT INC
OFFICE SUPPLIES
11.75
TOTAL FINANCE 28.12
HUMAN RESOURCES
OFFICE DEPOT INC
OFFICE SUPPLIES
141.09
A N Z SIGNS & SHIRTS, INC
CHARACTER INITIATIVE
1,775.00
BEVERLY A. CHIODO
CHARACTER INITIATIVE
100.35
JPMORGAN CHASE BANK
MEETING EXPENSE
14.38
JPMORGAN CHASE BANK
MEETING EXPENSE
15.80
TREASURER PETTY CASH
CHAMBER LUNCH
30.00
COMMUNITYCARE EAP
EMPLOYEE ASSISTANCE PROGR
220.00
AMERICANCHECKED, INC ATTN: BILLING
PRE - ENROLLMENT BACKGROUND
111.05
COMMUNITY PUBLISHERS INC
ADVERTISING
278.50
TULSA WORLD
ADVERTISING
1,959.56
CHARACTER TRAINING INSTITUTE
CHARACTER BULLETIN
36.61
TOTAL HUMAN RESOURCES 4,682.34
GENERAL GOVERNMENT
JPMORGAN CHASE BANK D & SONS - MOWING
555.00
Page 1
Claims List
11/18/08
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
GENERAL GOVERNMENT...
CINTAS CORPORATION
CARPET -MAT CLEANING
25.90
TREASURER PETTY CASH
SUPPLIES
15.10
AMERICAN WASTE CONTROL INC
FRONT LOAD SERVICE
140.55
NEOPOST LEASING, INC
POSTAGE MACHINE LEASE
389.00
AEP /PSO
ELECTRIC USE
3,487.38
HEARTLAND CONSULTING, INC
NOVEMBER CONSULTING FEES
10,500.00
OFFICE DEPOT INC
OFFICE SUPPLIES
234.64
TULSA COUNTY CLERK
FILING FEES
134.00
DAVIS H. ELLIOT CO., INC /OKLAHOMA
ELECTRICAL INSTALLATION 1
1,528.00
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
522.46
UNITED STATES CELLULAR CORPORATION
CELL PHONE USAGE
53.83
TOTAL GENERAL GOVERNMENT
17,585.86
COMMUNITY DEVELOPMENT
OFFICE DEPOT INC
OFFICE SUPPLIES
21.38
TULSA COUNTY MIS
MONTHLY CHARGE FOR LAND R
30.00
FLEETCOR TECHNOLOGIES
FUEL CHARGES FOR OCT 2008
496.37
JPMORGAN CHASE BANK
WALMART -JUICE
38.49
DEVELOPMENT
=TOTALCOMMLUNITY
586.24
ENGINEERING
FLEETCOR TECHNOLOGIES
FUEL CHARGES FOR OCT 2008
345.69
JPMORGAN CHASE BANK
DELL - PLOTTER PRINTER
7,270.25
JPMORGAN CHASE BANK
WALMART- MICROWAVE
130.00
UNITED STATES CELLULAR CORPORATION
CELL PHONE USAGE
112.86
TOTAL ENGINEERING
7,858.80
INFORMATION TECHNOLOGY
JPMORGAN CHASE BANK
HOME DEPOT - SHELVES
175.94
KNOLL INC
CUBICLE FURNITURE
5,057.06
JPMORGAN CHASE BANK
LOWES -PAINT
301.61
FLEETCOR TECHNOLOGIES
FUEL CHARGES FOR OCT 2008
27.40
TREASURER PETTY CASH
TOLLS, LUNCH, & PARKING
10.70
TOTAL INFORMATION TECHNOLOGY
5,572.71
SUPPORT SERVICES
JPMORGAN CHASE BANK
LOWES -LIGHT BULBS
9.52
JPMORGAN CHASE BANK
LOWES -LIGHT BULBS
23.64
FLEETCOR TECHNOLOGIES
FUEL CHARGES FOR OCT 2008
255.69
FLEETCOR TECHNOLOGIES
FUEL CHARGES FOR OCT 2008
264.56
JPMORGAN CHASE BANK
LOWES- SUPPLIES
44.14
O'REILLY AUTOMOTIVE INC
SUPPLIES & VEHICLE PARTS
34.54
HORIZON MECHANICAL, INC
REPAIR SERVICES CITY HALL
897.00
RADIO SHACK
PARTS FOR PORTABLE SOUND
8.97
A PLUS SERVICE INC
REPAIRS TO PD WATER HEATE
1,163.00
FORREST SHOEMAKER INC.
BOILER PUMP INSPECTION FE
375.00
JPMORGAN CHASE BANK
WALMART- VETERANS CEREMONY
7.48
JPMORGAN CHASE BANK
LOWES -PARTS
9.06
Page 2
Claims List
11/18/08
Budget Unit Title
Vendor Name
Payable Description
Payment Amounl
SUPPORT SERVICES...
JPMORGAN CHASE BANK
LOWES -PARTS
6.62
RADIO SHACK
WINDSCREENS FOR MICROPHON
11.98
O'REILLY AUTOMOTIVE INC
SUPPLIES & VEHICLE PARTS
18999
A N Z SIGNS & SHIRTS, INC
DECALS & SIGNS
67.00
OFFICE DEPOT INC
OFFICE SUPPLIES
44.16
LIGHTING, INC
LIGHT BULBS & BALLASTS
262.95
LIGHTING, INC
LIGHT BULBS & BALLASTS
390.70
JPMORGAN CHASE BANK
LOWES- CHARCOAL
8988
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
24.26
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
23.99
TOTAL SUPPORT SERVICES 4,204.13
CEMETERY
OWASSO TOP SOIL
DIRT
60.00
AEP /PSO
ELECTRIC USE
30.75
FLEETCOR TECHNOLOGIES
FUEL CHARGES FOR OCT 2008
30.47
VERDIGRIS VALLEY ELECTRIC COOP
CEMETERY ELECTRIC
29.16
TOTAL CEMETERY 150.38
POLICE SERVICES
TREASURER PETTY CASH
FUEL
55.87
TREASURER PETTY CASH
PER DIEM & CHAMBER LUNCH
181.50
SAV -ON PRINTING & SIGNS LLC
OFFICE SUPPLIES
16.50
FLEET DISTRIBUTORS EXPRESS
VEHICLE REPLACEMENT PARTS
132.01
OWASSO FOP LODGE #149 POLICE DEPT
LEGAL DEFENSE FY09
140.00
OWASSO FITNESS ZONE, INC
PHYSICAL FITTNESS PROGRAM
90.00
HOWARD E STAMPER
RADIO REPAIR SERVICES
150.00
CRUISERS, INC
POLICE VEHICLE SEATS
1,048.25
UNITED STATES SHOOTING ACADEMY
RANGE USE
3,265.00
JPMORGAN CHASE BANK
MEETING EXPENSE
28.88
JPMORGAN CHASE BANK
DELL - PRINTER CARTRIDGE
208.98
JPMORGAN CHASE BANK
SAV -ON- PRINT - STICKERS
125.00
AEP /PSO
ELECTRIC USE
2,812.07
JPMORGAN CHASE BANK
YALE CLEANERS - UNIFORMS
1,508.19
JPMORGAN CHASE BANK
AMERICAN PROD -RACKS
134.20
JPMORGAN CHASE BANK
360 SPORTS -PARTS
105.96
JPMORGAN CHASE BANK
LODGING -LONG
486.45
JPMORGAN CHASE BANK
360 SPORTS - TUNE -UP
130.00
JPMORGAN CHASE BANK
ONYX -TONER CARTRIDGE
99.95
JPMORGAN CHASE BANK
POSITIVE PROMOS -HAND OUTS
1,051.08
SAV -ON PRINTING & SIGNS LLC
PRINTING & SIGN SERVICE
200.00
ARAMARK UNIFORM & CAREER APPAREL
UNIFORM EQUIPMENT
104.18
ARAMARK UNIFORM & CAREER APPAREL
PATROL TRAINING EQUIPMENT
193.80
ARAMARK UNIFORM & CAREER APPAREL
UNIFORM EQUIPMENT
117.94
JPMORGAN CHASE BANK
VS VISUAL - TRAINING
1,390.00
LISA LONG
TUITION REIMBURSEMENT
394.05
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
299.97
Page 3
Claims List
11/18/08
Budget Unit Title
Vendor Name
Payable Description
Payment Amounl
POLICE SERVICES...
JPMORGAN CHASE BANK
DELL -PHONE
JPMORGAN CHASE BANK
RAY ALLEN - EQUIPMENT
152.99
335.65
JPMORGAN CHASE BANK
ULTRAMAX- AMMUNITION
126.40
FLEETCOR TECHNOLOGIES
FUEL CHARGES FOR OCT 2008
6,642.80
OFFICE DEPOT INC
OFFICE SUPPLIES
103.63
TOTAL POLICE SERVICES
21,831.30
POLICE COMMUNICATIONS
INFORMATION TECHNOLOGIES, INC
ANNUAL SOFTWARE RENEWAL
14,935.00
AEP /PSO
ELECTRIC USE
168.51
JPMORGAN CHASE BANK
LOWES- ADHESIVE
10.37
JPMORGAN CHASE BANK
LOWES -RUGS
44.94
DEPARTMENT OF PUBLIC SAFETY
OLETS EQUIPMENT & DATAMAX
450.00
DEPARTMENT OF PUBLIC SAFETY
OLETS EQUIPMENT & DATAMAX
450.00
A PLUS SERVICE INC
REPAIRS TO PD WATER HEATE
1,700.00
TOTAL POLICE COMMUNICATIONS
17,758.82
ANIMAL CONTROL
SAV -ON PRINTING & SIGNS LLC
PRINTING SERVICES
SAV -ON PRINTING & SIGNS LLC
PRINTING SERVICES
50.00
125.00
HILL'S PET NUTRITION SALES, INC
SHELTER SUPPLIES
17.50
HILL'S PET NUTRITION SALES, INC
SHELTER SUPPLIES
17.50
FULLERTON HYDRO -TEST INC.
SHELTER EQUIPMENT
15.50
JPMORGAN CHASE BANK
LOWES -MULCH
11.04
JPMORGAN CHASE BANK
MED VET - SUPPLIES
83.43
FLEETCOR TECHNOLOGIES
FUEL CHARGES FOR OCT 2008
262.23
JPMORGAN CHASE BANK
WALMART- SUPPLIES
165.83
JPMORGAN CHASE BANK
HOME DEPOT -VENT
26.52
AEP /PSO
ELECTRIC USE
297.99
SOUTHERN AGRICULTURE
ANIMAL SHELTER FOOD
12.53
JPMORGAN CHASE BANK
ANIMAL CARE - TRACKING SYST
1,366.00
TOTAL ANIMAL CONTROL
2,451.07
FIRE SERVICES
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
1,277.32
WAYEST SAFETY INC
REPAIR OF SCOTT COMPRESSO
1,033.80
JPMORGAN CHASE BANK
DELL - COMPUTER
1,410.57
JPMORGAN CHASE BANK
DELL - COMPUTER
1,119.49
JPMORGAN CHASE BANK
LODGING - GOSVENER
74.69
JPMORGAN CHASE BANK
BUMP TO BUMP -PARTS
2.40
AEP /PSO
ELECTRIC USE
3,207.23
JPMORGAN CHASE BANK
CASCO- LADDER 2 REPAIRS
248.00
OWASSO FITNESS ZONE, INC
USE OF GYM & EQUIPMENT FO
330.00
COLBURN ELECTRIC INSTALLATION
OF CORD REEL
1,714.26
AMERICAN OVERHEAD DOOR
REPAIR REMOTE DEVICE
645.00
OKLAHOMA STATE UNIVERSITY- BURSAR
REGISTRATION FEE FOR J BE
200.00
OKLAHOMA STATE UNIVERSITY- BURSAR REGISTRATION
FEE FOR J LI
200.00
Page 4
Claims List
11/18/08
Budget Unit Title
Vendor Name
Payable Description
Payment Amount
FIRE SERVICES...
OKLAHOMA STATE UNIVERSITY- BURSAR
REGISTRATION FEE FOR P SE
200.00
OKLAHOMA STATE UNIVERSITY - BURSAR
REGISTRATION FEE FOR D WO
200.00
OKLAHOMA STATE UNIVERSITY- BURSAR
REGISTRATION FEE FOR S MC
25.00
OKLAHOMA STATE UNIVERSITY- BURSAR
REGISTRATION FEE FOR B GO
150.00
OKLAHOMA STATE UNIVERSITY- BURSAR
REGISTRATION FEE FOR J BE
225.00
OKLAHOMA STATE UNIVERSITY - BURSAR
REGISTRATION FEE FOR D WO
225.00
OKLAHOMA STATE UNIVERSITY - BURSAR
REGISTRATION FEE FOR J YO
650.00
FLEETCOR TECHNOLOGIES
FUEL CHARGES FOR OCT 2008
1,989.28
TREASURER PETTY CASH
BOOT REPAIR
52.00
TREASURER PETTY CASH
PER DIEM
214.50
JPMORGAN CHASE BANK
PAYPAL- APPAREL
500.00
JPMORGAN CHASE BANK
EQUIP ONE -SAWS
2,387.97
JPMORGAN CHASE BANK
OK POLICE SUPPLY - UNIFORMS
278.50
JPMORGAN CHASE BANK
PATROL TECH -BOOTS
172.85
JPMORGAN CHASE BANK
WALMART -SOAP
7.36
JPMORGAN CHASE BANK
WALMART- FLUIDS
19.94
JPMORGAN CHASE BANK
SALES TAX REFUND
-2.36
JPMORGAN CHASE BANK
LOWES -COAT RACK FS #3
30.09
JPMORGAN CHASE BANK
LODGING -GOMEZ
72.80
TOTAL FIRE SERVICES 18,860.69
EMERGENCY PREPAREDNES
JPMORGAN CHASE BANK
LOWES -PARTS
4.16
JPMORGAN CHASE BANK
LOWES -PARTS
9.43
W.W. GRAINGER, INC. DBA GRAINGER
SUMP PUMP FOR EOC
134.24
AEP /PSO
ELECTRIC USE
83.10
TOTAL EMERGENCY PREPAREDNESS 230.93
STREETS
AEP /PSO
ELECTRIC USE
1,723.65
JPMORGAN CHASE BANK
LOWES -OSB SHEATHING
77.86
JPMORGAN CHASE BANK
LOWES- INSULATION
116.00
AMERIFLEX HOSE & ACCESSORIES, LLC
03 CASE BACKHOE - HYDRAUL
190.60
HOLLIDAY SAND & GRAVEL CO
SAND FOR SNOW & ICE CONTR
101.42
RHOMAR INDUSTRIES, INC.
WASH TO PREVENT SALT CORR
912.83
UNIFIRST HOLDINGS LP
EMPLOYEE UNIFORMS
42.34
UNIFIRST HOLDINGS LP
EMPLOYEE UNIFORMS
49.79
EQUIPMENT ONE RENTAL & SALES, INC.
PROPANE FOR HOT BOX
122.76
P & K EQUIPMENT, INC
CUTOFF SAW REPAIR
38.52
FLEETCOR TECHNOLOGIES
FUEL CHARGES FOR OCT 2008
1,202.52
JPMORGAN CHASE BANK
ATWOODS -MOTOR CHAIN
23.78
AMERICAN ELECTRIC POWER
STREET LIGHTS @ MAIN ST
1,000.00
AMERICAN ELECTRIC POWER
ST LIGHTS @ SILVER CREEK
513.00
AEP /PSO
STREET LIGHTS
6,245.50
TOTAL STREETS
12,360.57
Page 5
Claims List
11/18/08
Budget Unit Title
STORMWATER
Vendor Name
Payable Description
Payment Amounl
JPMORGAN CHASE BANK
BLOSS SALES - PULLEYS
JPMORGAN CHASE BANK
BLOSS SALES -PARTS
52.52
JPMORGAN CHASE BANK
BLOSS SALES -WHEEL STUDS
8 99
JPMORGAN CHASE BANK
P & K EQUIP -EDGER BLADES
8.40
282.00
JPMORGAN CHASE BANK
EQUIPMENT 1- RENTAL
26.00
JPMORGAN CHASE BANK
QUIKSERVICE -STEEL
FLEETCOR TECHNOLOGIES
FUEL CHARGES FOR OCT 2008
433.30
JPMORGAN CHASE BANK
LOWES- HARDWARE
1,791.61
OKLAHOMA NATURAL GAS COMPANY
REPAIR GAS LINE HIT ON SA
50.88
O'REILLY AUTOMOTIVE INC
WHEEL NUTS FOR TORO MOWER
622.52
MAINLINE HOLDING COMPANY, LLC
PIPE FOR SAWGRASS STORMPI
1.46
UNIFIRST HOLDINGS LP
EMPLOYEE UNIFORMS
3,972.00
BLOSS SALES & RENTAL, INC
WHEEL HUB FOR TORO MOWER
51.46
SHERWOOD CONSTRUCTION CO, INC
CONCRETE FOR STEM WALL PR
75.98
UNIFIRST HOLDINGS LP
EMPLOYEE UNIFORMS
772.00
UNIFIRST HOLDINGS LP
EMPLOYEE UNIFORMS
51.46
UNIFIRST HOLDINGS LP
EMPLOYEE UNIFORMS
86.50
OWASSO TOP SOIL
DIRT
43.25
OWASSO TOP SOIL
DIRT
120.00
JPMORGAN CHASE BANK
LOWES- REFUND
60.00
TULSA NEW HOLLAND INC
451 7 FT SICKLE BAR MOWER
-4.41
JPMORGAN CHASE BANK
P & K EQUIP- TRIMMER HEADS
7,100.00
JPMORGAN CHASE BANK
GRAINGER- HARDWARE
296.89
JPMORGAN CHASE BANK
LOWES -KEYS
23.37
JPMORGAN CHASE BANK
BLOSS SALES -TWO HUBS
21.95
JPMORGAN CHASE BANK
LOWES -GRASS SEED
33.98
JPMORGAN CHASE BANK
LOWES -KEYS
8.97
JPMORGAN CHASE BANK
NEW HOLLAND -TUBES
4.41
TOTAL STORMWATER
139.67
16,135.16
PARKS
AEP /PSO
ELECTRIC USE
JPMORGAN CHASE BANK
ATWOODS- SUPPLIES
1,761.43
JPMORGAN CHASE BANK
ATWOODS- SUPPLIES
38.85
JPMORGAN CHASE BANK
ATWOODS- POLISH
20.84
MARSHA ANN SMITH
RESTROOM CLEANING
4.69
A -1 TENT RENTALS, INC
TENT RENTAL - HARVEST FESTI
562.50
WORDCOM,INC
PAPER FOR FLYERS - HARVEST
289.05
UNIFIRST HOLDINGS LP
UNIFORM RENTAL /CLEANING
16.95
WATER PRODUCTS OF OKLAHOMA, INC.
COUPLING
16.73
LOBO HOLDINGS DBA LOBO ASPHALT
ASPHALT FOR SPORTSPARK RO
2.87
UNIFIRST HOLDINGS LP
UNIFORM RENTAL /CLEANING
544.01
ROGERS COUNTY RURAL WATER DISTRICT
WATER SERVICE
16.73
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
127.75
JPMORGAN
CHASE BANK ATWOODS
-LOCKS
182.10
JPMORGAN
CHASE BANK ATWOODS-
SUPPLIES
58.96
1.89
Page 6
Claims List
11/18/08
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
PARKS...
JPMORGAN CHASE BANK
LOWES -DRILL BATTERIES
123.74
BRYAN K. BLOUNT
CENTENNIAL MOWINGS
225.00
BRYAN K. BLOUNT
CENTENNIAL MOWINGS
75.00
BRYAN K. BLOUNT
CENTENNIAL MOWINGS
225.00
FLEETCOR TECHNOLOGIES
FUEL CHARGES FOR OCT 2008
611.75
JPMORGAN CHASE BANK
YALE CLEANERS - BUNTINGS
31.50
JPMORGAN CHASE BANK
ATWOODS- RETURN
-47.97
TAQWA MU -MIN
PARK MOWINGS
422.00
WASHINGTON CO RURAL WATER DISTRICT
WATER SERVICE - MCCARTY PAR
32.50
UNIFIRST HOLDINGS LP
UNIFORM RENTAL /CLEANING
16.73
UNIFIRST HOLDINGS LP
UNIFORM RENTAL /CLEANING
16.73
JPMORGAN CHASE BANK
ATWOODS -LIGHT BULBS
0.99
JPMORGAN CHASE BANK
H & E EQUIP -LIGHT TOWER
112.97
JPMORGAN CHASE BANK
OWASSO FENCE -FENCE CAP
3.57
TOTAL PARKS
5,494.86
COMMUNITY CENTER
JPMORGAN CHASE BANK
LOWES -PAINT
93.88
FLEETCOR TECHNOLOGIES
FUEL CHARGES FOR OCT 2008
81.31
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
89.29
PLATINUM VENTURES, INC
SERVICE CALL ON WARMER
125.00
OFFICE DEPOT INC
OFFICE SUPPLIES
194.99
JPMORGAN CHASE BANK
MEETING EXPENSE
49.38
AEP /PSO
ELECTRIC USE
888.89
TOTAL COMMUNITY CENTER
1,522.74
HISTORICAL MUSEUM
AEP /PSO
ELECTRIC USE
91.22
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
78.71
JPMORGAN CHASE BANK
WORLEY'S- PLANTS
15.99
TOTAL HISTORICAL MUSEUM
185.92
ECONOMIC DEV
JPMORGAN CHASE BANK
LOWES- HEATER & CORD
26.44
FLEETCOR TECHNOLOGIES
FUEL CHARGES FOR OCT 2008
72.55
TREASURER PETTY CASH
MEETING EXPENSE
8.00
JPMORGAN CHASE BANK
DELL - CARRYING CASE
26.07
JPMORGAN CHASE BANK
DELL - LAPTOP
1,829.91
RETAIL ATTRACTIONS, LLC
AERIAL PHOTOGRAPHY
400.00
JPMORGAN CHASE BANK
MEETING EXPENSE
86.22
JPMORGAN CHASE BANK
BUSINESSWEEK- SUBSCRIPTION
20.00
TOTAL ECONOMIC DEV
2,469.19
FUND GRAND TOTAL 142,495.94 1
AMBULANCE MEDICAL COMPLIANCE SPECIALTY INC IDISPOSAL OF MEDICAL WASTE 109.00
Page 7
Claims List
11/18/08
Budget Unit Title Vendor Name
AMBULANCE...
Payable Description
Payment Amount
MEDICAL COMPLIANCE SPECIALTY INC
DISPOSAL OF MEDICAL WASTE
MEDICAL COMPLIANCE SPECIALTY INC
DISPOSAL OF MEDICAL WASTE
109.00
TREASURER PETTY CASH
AMBULANCE REPAIRS
57.00
JPMORGAN CHASE BANK
ALLMED- SUPPLIES
92.00
JPMORGAN CHASE BANK
ALLMED- SUPPLIES
335.00
JPMORGAN CHASE BANK
ALLMED- SUPPLIES
249.00
JPMORGAN CHASE BANK
ALLMED- SUPPLIES
2,296.08
JPMORGAN CHASE BANK
BOUND TREE MED- SUPPLIES
1,122.51
JPMORGAN CHASE BANK
BOUND TREE MED- SUPPLIES
192.17
FLEETCOR TECHNOLOGIES
FUEL CHARGES FOR OCT 2008
318.60
JPMORGAN CHASE BANK
MEDTRONIC - SUPPLIES
1,891.74
JPMORGAN CHASE BANK
PHARM SYSTEMS - SUPPLIES
1,771.18
JPMORGAN CHASE BANK
ALLMED- SUPPLIES
713.98
JPMORGAN CHASE BANK
ALLMED- SUPPLIES
42.94
TOTAL AMBULANCE
9.73
9,309.93
FUND GRAND TOTAL
9,309.9
E911 COMMUNICATIONS INCOG -E911
TOTAL RADIO INC
E911 SERVICES
727 11
TOTAL E911 COMMUNICATIONS
RADIO MAINTENANCE FEE
675.00
1,402.11
FUND GRAND TOTAL
1,402.11
JUVENILE COURT - JV COUR YOUTH SERVICES OF TULSA
TOTAL JUVENILE COURT - JV COURT
YOUTH COURT CONTRACT
7,500.00
7,500.00
FUND GRAND TOTAL
7,500.0
HOTEL TAX- STREETS ICROSSLAND HEAVY CONTRACTORS, INC
IMAIN ST STREETSCAPE ENHAN
TOTAL HOTEL TAX - STREETS
68,300.00
68,300.00
FUND GRAND TOTAL 68,3007
CI-STREETS CROSSLAND HEAVY CONTRACTORS, INC MAIN ST STREETSCAPE ENHAN
SEMMATERIALS, LP 16,134.09
ASPHALT FOR STREET REPAIR 1,510.94
BECCO CONTRACTORS INC 129 E AVE WIDENING PROJEC
TOTAL CI -STREETS 469,886.86
487,531.89
FUND GRAND TOTAL 4879531.8
Page 8
Claims List
11/18/08
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
CITY GARAGE
FLEETCOR TECHNOLOGIES
FUEL CHARGES FOR OCT 2008
62.47
AEP /PSO
ELECTRIC USE
585.85
A N Z SIGNS & SHIRTS, INC
DECALS & SIGNS
10.00
O'REILLY AUTOMOTIVE INC
SUPPLIES & VEHICLE PARTS
18.25
O'REILLY AUTOMOTIVE INC
SUPPLIES & VEHICLE PARTS
1,085.76
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
107.10
OFFICE DEPOT INC
OFFICE SUPPLIES
13.41
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
34.49
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
34.49
T & W TIRE, LP
TIRES FOR CITY VEHICLES &
362.04
T & W TIRE, LP
TIRES FOR CITY VEHICLES &
528.99
JIM NORTON FORD LLC
VEHICLE REPAIR SERVICES
64.95
LENOX WRECKER SERVICE INC
TOWING SERVICES - POLICE
86.00
CLASSIC CHEVROLET, INC.
REPAIR SERVICES - RESALE
224.75
TOTAL CITY GARAGE
3,218.55
FUND GRAND TOTAL 3,218.5
WORKERS' COMP SELF -INS
UNITED SAFETY & CLAIMS INC
MONTHLY TPA ADMIN FEES
1,450.00
CITY OF OWASSO IMPREST ACCOUNT
WORK COMP CLAIMS
272.00
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
3,230.67
CITY OF OWASSO IMPREST ACCOUNT
WORK COMP CLAIMS
1,154.00
CITY OF OWASSO IMPREST ACCOUNT
WORK COMP CLAIMS
211.03
CITY OF OWASSO IMPREST ACCOUNT
WORK COMP CLAIMS
8,711.21
CITY OF OWASSO IMPREST ACCOUNT
WORK COMP CLAIMS
6,188.50
RICH & CARTMILL, INC
EXCESS WORKERS COMPENSATI
31,409.00
TOTAL WORKERS' COMP SELF -INS
54,044.41
FUND GRAND TOTAL 54,044.4
GEN LIAB -PROP SELF INS A N Z SIGNS &SHIRTS, INC RECYCLE CTR SIGN LETTERIN 1,048.34
RICH & CARTMILL, INC PROPERTY INSURANCE RENEWA 22,783.00
TOTAL GEN LIAB -PROP SELF INS
23,831.34
FUND GRAND TOTAL 23,831.3
CITY GRAND TOTAL
$797,634.17
Page 9
CITY OF OWASO
HEALTHCARE SELF INSURANCE FUND
CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 11/18/08
VENDOR DESCRIPTION
AETNA HEALTHCARE MEDICAL SERVICE
ADMIN FEES
STOP LOSS FEES
HEALTHCARE DEPT TOTAL
HEALTHCARE SELF INSURANCE FUND TOTAL
AMOUNT
26,294.01
15,472.32
15,964.35
57,730.68
57,730.68
CITY OF OWASSO
GENERALFUND
FISCAL YEAR 2008 -2009
Statement of Revenues & Expenditures
As of October 31, 2008
FUND BALANCE (Budgetary Basis)
Beginning Balance 3,332,108 3,332,108
Ending Balance $ 3,165,355 $ 2,293,005
PERCENT
OF BUDGET
33.09%
25.04%
37.36%
28.24%
30.12%
44.19%
32.94%
32.63%
32.22%
30.02%
26.40%
31.78%
36.45%
33.39%
33.28%
33.09%
MONTH
YEAR
TO -DATE
TO -DATE
BUDGET
REVENUES:
Taxes
Licenses & permits
$ 1,585,822
$ 6,266,744
$ 18,938,000
Intergovernmental
18,870
46,751
83,769
246,578
334,500
659,997
Charges for services
34,768
139,137
492,700
Fines & forfeits
44,143
207,559
689,000
Other
3,995
42,331
95,795
TOTAL REVENUES
1,734,349
6,986,119
21,209,992
EXPENDITURES:
Personal services
1,257,167
3,925,947
12,033,129
Materials & supplies
68,820
240,820
747,496
Other services
Capital outlay
167,676
534,116
1,778,930
153,882
365,279
1,383,540
TOTAL EXPENDITURES
1,647,545
5,066,162
15,943,095
REVENUES OVER EXPENDITURES
86,804
1,919,958
5,266,897
TRANSFERS IN (OUT):
Transfers in
Transfers out
930,978
3,705,048
11,095,000
TOTAL TRANSFERS
(1,454,068)
(5,791,759)
(17,401,000)
(523,089)
(2,086,711)
(6,306,000)
NET CHANGE IN FUND BALANCE
(436,285)
(166,753)
(1,039,103)
FUND BALANCE (GAAP Basis)
Beginning Balance
4,740,155
Ending Balance
$ 4,573,402
FUND BALANCE (Budgetary Basis)
Beginning Balance 3,332,108 3,332,108
Ending Balance $ 3,165,355 $ 2,293,005
PERCENT
OF BUDGET
33.09%
25.04%
37.36%
28.24%
30.12%
44.19%
32.94%
32.63%
32.22%
30.02%
26.40%
31.78%
36.45%
33.39%
33.28%
33.09%
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: ORDINANCE NO. 934
DATE: November 12, 2008
BACKGROUND:
At the November 4, 2008 meeting, the Owasso City Council approved an Annexation request (OA
07 -08) of approximately 990 acres of Stone Canyon, located on the south side of East 76th Street
North between North 161" East Avenue and North 193rd East Avenue. Attached is a copy of
Ordinance No. 934 that formally adopts the City Council's action of November 4, 2008.
RECOMMENDATION:
The staff recommends Council approval of Ordinance No. 934.
ATTACHMENTS:
1. Ordinance No. 934
2. Exhibit A
CITY OF OWASSO
ORDINANCE NO. 934
AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF
OWASSO, OKLAHOMA, A TRACT OF LAND SITUATED IN SECTIONS 35
AND 36, T21N, R14E, OF THE INDIAN BASE AND MERIDIAN, ROGERS
COUNTY, OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY
THEREOF, PROVIDED THAT FROM AND AFTER THE PASSAGE AND
PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY
WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE
CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL
PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION,
CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO,
OKLAHOMA ESTABLISHING THE SAME AS PART OF WARD FIVE OF SAID
CITY AND DIRECTING THE FILING OF THIS ORDINANCE.
WHEREAS, pursuant to the provisions of Title 11, Section 21 -103, et seq., of the
Oklahoma Statutes, the City of Owasso is permitted to annex additional territory providing a
petition in writing, signed by not less than three- fourths of the legal voters and owners of not less
than three - fourths (in value) of the property hereinafter described, the same being contiguous to
the corporate limits of the City of Owasso, requesting that said property be annexed and added to
the City of Owasso is submitted; and
WHEREAS, notice of the presentation of said Petition was given by the Petitioner by
publication in the Owasso Reporter, a newspaper of general circulation published in the City of
Owasso, Oklahoma, and notice was given that said Petition would be considered by the Planning
Commission of the City of Owasso, at a meeting to be held on September 8, 2008 at 6:00 PM at
Old Central, Owasso, Oklahoma; and
WHEREAS, on the 8h day of September, 2008, said Petition was duly considered by the
Planning Commission and was determined to have complied with the provisions of Title 11,
Section 21 -103, et seq., of the Oklahoma Statutes, and further, that proper legal notice of
presentation of said petition had been given.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA,
Section 1. That the following described territory lying in Rogers County, Oklahoma which
is contiguous to the present corporate limits of the City of Owasso and described in the petition
presented to the City Council in accordance with the provisions of Title 11, Section 21 -103, et
seq., of the Oklahoma Statutes, shown in Exhibit A and more particularly described as follows,
to -wit:
ALL OF SECTIONS 35 AND 36, T21N, R14E, OF THE INDIAN BASE AND
MERIDIAN, ROGERS COUNTY, OKLAHOMA, ACCORDING TO THE U.S.
GOVERNMENT SURVEY THEREOF, LESS AND EXCEPT THE PROPERTIES
DESCRIBED AS FOLLOWS:
1. A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER (SW /4) OF
SECTION THIRTY -FIVE (35) OF TOWNSHIP TWENTY -ONE (21) NORTH AND
RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN
(I.B. &M.), ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF,
ROGERS COUNTY, OKLAHOMA; BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NW CORNER OF THE SW /4 OF SECTION 35, T -21 -N, R-
14-E, I.B. &M.; THENCE S 1 °11' 11" E ALONG THE WEST LINE OF SAID SWA A
DISTANCE OF 560.85 FEET TO THE POINT OF BEGINNING; THENCE N
88 050'27" E A DISTANCE OF 874.75 FEET; THENCE S 7 °06'37" E A DISTANCE
OF 2088.55 FEET TO THE SOUTH LINE OF SAID SWA; THENCE S 88 °46'38" W A
DISTANCE OF 1090.31 FEET TO THE SW CORNER OF SAID SW /4; THENCE N
1 °11' 11" W A DISTANCE OF 2078.51 FEET TO THE POINT OF BEGINNING, AND
CONTAINING 46.87 ACRES, MORE OR LESS.
2. A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER (SE /4) AND THE
SOUTHWEST QUARTER (SW /4) OF SECTION THIRTY -SIX (36) OF TOWNSHIP
TWENTY -ONE (21) NORTH AND RANGE FOURTEEN EAST AND IN
GOVERNMENT LOTS ONE (1) AND TWO (2) OF SECTION (1) OF TOWNSHIP
TWENTY (20) NORTH AND RANGE FOURTEEN (14) EAST OF THE INDIAN
BASE AND MERIDIAN (I.B. &M.) ACCORDING TO THE U.S. GOVERNMENT
SURVEY THEREOF, ROGERS COUNTY, STATE OF OKLAHOMA; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SE CORNER OF THE SE /4 OF SECTION 36, T -21 -N, R-
14-E, I.B. &M. BEING ON THE NORTH LINE OF LOT 4 OF SECTION 6, T -20 -N, R-
15-E, I.B. &M.; THENCE S 01 °14'08" E A DISTANCE OF 50.00 FEET; THENCE S
88 046'38" W A DISTNACE OF 257.98 FEET; THENCE ALONG A CURVE TO THE
LEFT HAVING A RADIUS OF 990.00 FEET, A CENTRAL ANGLE OF 4033'13", A
CHORD BEARING OF S 86 030'02" W, A CHORD LENGTH OF 78.66 FEET FOR A
DISTANCE OF 78.68 FEET; THENCE S 84 013'25" W A DISTNACE OF 124.69
FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF
1090.00 FEET, A CENTRAL ANGLE OF 13'20'18", A CHORD BEARING OF N
89 006'26" W, A CHORD LENGTH OF 253.18 FEET FOR A DISTANCE OF 253.75
FEET; THENCE N 82'26'16" W A DISTANCE OF 139.67 FEET; THENCE ALONG A
CURVE TO THE LEFT HAVING A RADIUS OF 1750.00 FEET, A CENTRAL
ANGLE OF 04 002'01 ", A CHORD BEARING OF N 84 027'17" W, A CHORD
LENGTH OF 123.17 FEET FOR A DISTANCE OF 123.19 FEET TO THE WEST
LINE OF LOT 4 OF SAID SECTION 6; THENCE ALONG A CURVE TO THE LEFT
INTO SECTION 1, T -20 -N, R-14-E, I.B. &M. HAVING A RADIUS OF 1750.00 FEET,
A CENTRAL ANGLE OF 19 005'57 ", A CHORD BEARING OF S 83 058'44 ", A
CHORD LENGTH OF 580.66 FEET FOR A DISTANCE OF 583.36 FEET; THENCE S
74 025'45" W A DISTANCE OF 123.00 FEET TO THE POINT OF BEGINNING;
THENCE S 74 025'45" W A DISTANCE OF 77.70 FEET; THENCE ALONG A CURVE
TO THE RIGHT HAVING A RADIUS OF 1090.70 FEET, A CENTRAL ANGLE OF
16 °59'34 ", A CHORD BEARING OF S 82 °55'32" W, A CHORD DISTANCE OF
322.29 FEET, FOR A DISTANCE OF 323.48 FEET; THENCE N 88 °34'21" W A
DISTANCE OF 443.74 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING
A RADIUS OF 988.91 FEET, A CENTRAL ANGLE OF 8 °42'24 ", A CHORD
BEARING OF S 87 °04'27" W, A CHORD DISTANCE OF 150.13 FEET, FOR A
DISTANCE OF 150.28 FEET; THENCE S 82 °43'32" W A DISTANCE OF 232.24
FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 950.00
FEET, A CENTRAL ANGLE OF 19012'0 1 ", A CHORD BEARING OF N 87'40'28" W,
A CHORD DISTANCE OF 316.86 FEET, FOR A DISTANCE OF 318.35 FEET;
THENCE N 78 004'27" W A DISTANCE OF 23.68 FEET; THENCE ALONG A
CURVE TO THE RIGHT HAVING A RADIUS OF 1090.00 FEET, A CENTRAL
ANGLE OF 18 023'23 ", A CHORD BEARING OF N 68 052'46" W, A CHORD
DISTANCE OF 348.35 FEET, FOR A DISTANCE OF 349.85 FEET BEING ON THE
NORTH LINE OF SAID SECTION 1; THENCE ALONG A COMPOUND CURVE TO
THE RIGHT INTO SAID SECTION 36 HAVING A RADIUS OF 1090.00 FEET, A
CENTRAL ANGLE OF 6 038'19 ", A CHORD BEARING OF N 56 °21'55" W, A
CHORD DISTANCE OF 126.22 FEET, FOR A DISTANCE OF 126.29 FEET;
THENCE N 53 002'46" W A DISTANCE OF 303.60 FEET; THENCE ALONG A
CURVE TO THE LEFT HAVING A RADIUS OF 990.00 FEET, A CENTRAL ANGLE
OF 7059'18", A CHORD BEARING OF N 57 002'25" W, A CHORD DISTANCE OF
137.92 FEET, FOR A DISTANCE OF 138.03 FEET; THENCE N 61 °02'04" W A
DISTANCE OF 211.40 FEET; THENCE N 27 009'59" E A DISTANCE OF 817.88
FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1240.00
FEET, A CENTRAL ANGLE OF 57 °27'55 ", A CHORD BEARING OF N 01 033'58" W,
A CHORD DISTANCE OF 1192.19 FEET, FOR A DISTANCE OF 1243.67 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 750.00 FEET,
A CENTRAL ANGLE OF 40-34'15", A CHORD BEARING OF N 83 018'05" E, A
CHORD DISTANCE OF 520.04 FEET, FOR A DISTANCE OF 531.07 FEET;
THENCE S 76 024'48" E A DISTANCE OF 211.30 FEET; THENCE ALONG A
CURVE TO THE LEFT HAVING A RADIUS OF 1370.00 FEET, A CENTRAL
ANGLE OF 15 °45'55 ", A CHORD BEARING OF S 84 017'45" E, A CHORD
DISTANCE OF 375.79 FEET, FOR A DISTANCE OF 376.98 FEET; THENCE S
02 010'45" E ALONG THE WESTERLY BOUNDARY OF TANGLEWOOD AT
STONE CANYON ACCORDING TO THE RECORDED PLAT THEREOF (AND
UNTIL OTHERWISE NOTED) A DISTANCE OF 60.00 FEET; THENCE S 00 054'06"
W A DISTANCE OF 258.97 FEET; THENCE S 83 115'37" W A DISTANCE OF 26.09
FEET; THENCE S 06 °44'23" E A DISTANCE OF 50.00 FEET; THENCE S 03 051'25"
E A DISTANCE OF 241.26 FEET; THENCE S 32 °58'34" W A DISTANCE OF 125.75
FEET; THENCE S 02 °09'51" E A DISTANCE OF 174.26 FEET; THENCE S 19 °44'59"
E A DISTANCE OF 242.64 FEET; THENCE S 51'58'14" E A DISTANCE OF 376.18
FEET; THENCE S 41 °44' 10" E A DISTANCE OF 254.20 FEET; THENCE S 62 °45' S8"
E A DISTANCE OF 239.36 FEET; THENCE N 83 °06'57" A DISTANCE OF 19.09
FEET; THENCE S 03 °51'56" E A DISTANCE OF 282.80 FEET; THENCE S 16 03225"
E A DISTANCE OF 50.00 FEET; THENCE N 73 027'35" E A DISTANCE OF 29.38
FEET; THENCE S 18 °18'44" E A DISTANCE OF 333.51 FEET TO THE SOUTH
LINE OF SAID SECTION 36; THENCE S 18 018'44" E INTO SAID SECTION 1 A
DISTANCE OF 41.71 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING
A RADIUS OF 1012.24 FEET, A CENTRAL ANGLE OF 5-55'19", A CHORD
BEARING OF N 77 025'24" E, A CHORD DISTANCE OF 104.58 FEET, FOR A
DISTANCE OF 104.62 FEET; THENCE N 74 °25'45" E A DISTANCE OF 77.80 FEET;
THENCE S 15034'15" E A DISTANCE OF 100.00 FEET TO THE POINT OF
BEGINNIN G, AND CONTAINING 79.45 ACRES, MORE OR LESS.
3. TANGLEWOOD AT STONE CANYON, ACCORDING TO THE RECORDED PLAT
THEREOF.
4. SETT'LER'S CREEK AT STONE CANYON, ACCORDING TO THE RECORDED
PLAT THERE.
be, and the same is hereby annexed to, made a part of, and added to the City of Owasso,
Oklahoma, and the corporate limits thereof be and are hereby extended to include the above
described territory and real estate.
Section 2. That from and after the passage and publication of this Ordinance, the real estate
and territory described in Section 1 hereof shall be a part of the City of Owasso, Oklahoma, and in
Ward Five thereof, and all persons residing therein, and all property situated thereon, shall be and
are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of
Owasso, Oklahoma, in all respects and particulars.
Section 3. That from and after the effective date of this Ordinance, the approved land use
pattern for real estate and territory described in Section 1 hereof, shall be deemed to be as was
approved by the Rogers County Board of Commissioners on October 17, 2005 as Stone Canyon
PUD, and will be implemented in accordance with the provisions of the Owasso Zoning Code,
Owasso Subdivision Regulations, and Owasso Engineering Design Criteria.
Section 4. That there be filed in the office of the County Clerk of Rogers County,
Oklahoma, a true and correct copy of this Ordinance, together with an accurate map of the
territory hereby annexed.
PASSED AND APPROVED this 18th day of November, 2008.
ATTEST:
Sherry Bishop, City Clerk
APPROVED:
Stephen Cataudella, Mayor
APPROVED:
GJXJ- /0 1
J ie Lombardi, City Attorney
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MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JOHN W. FEARY
PROJECT ADMINISTRATOR
SUBJECT: ACCEPTANCE OF SIGNALIZATION AT HIGHWAY 20 AND U.S. 169
DATE: November 13, 2008
BACKGROUND:
In September of 2005, the City Council entered into an agreement with the Oklahoma
Department of Transportation (ODOT) regarding traffic signalization for the Highway 20
Widening Project (attachment A). In that agreement, new signalization at the Highway 20 and
U.S. 169 interchange was specified and constructed. Per the agreement, upon completion and
final inspection of the signals, the City of Owasso is responsible for the maintenance and cost to
operate all traffic signal equipment installed at the above mentioned interchange. Final
inspection of the equipment was performed in September of 2008 by ODOT and OPWA
personnel and all concerns regarding linkage and timing were addressed and adjusted to ensure
steady traffic flow.
PROJECT FUNDING:
The project construction was fully funded by ODOT's Highway Program. Any operational and
maintenance cost will be the responsibility of the City of Owasso upon acceptance by the City
Council.
RECOMMENDATION:
Staff recommends Council acceptance of signalization at Highway 20 and US 169 interchange.
ATTACHMENTS:
A. Project Agreement
PROJECT AGREEMENT
FOR
FEDERAL -AID SURFACE TRANSPORTATION PROGRAM PROJECT
PROJECT NUMBER STPY- 07213(421)
JOB PIECE NO. 09482(04)
FOR THE
INSTALLATION OF
TRAFFIC SIGNALS
IN THE CITY OF OWASSO
TULSA COUNTY
BY AND BETWEEN
THE CITY OF OWASSO
AND
THE OKLAHOMA DEPARTMENT OF TRANSPORTATION
AGREEMENT
This AGREEMENT, made the day and year last written below, by and between the CITY of Owasso, Oklahoma,
hereinafter referred to as the CITY, and the Department of Transportation of the S torte of Oklahoma, hereinafter referred
to as the DEPARTMENT, for the following intents and purposes and subject to the following terms and conditions, to
wit:
WITNESSETH:
THAT the CITY proposes to make certain traffic improvements as directed by the Oklahoma Transportation
Commission at their meeting of January 1988, authorizing State apportioned Surface Transportation Project funds for
participation in the project for traffic improvements in the CITY of Owasso, designated as Federal -aid Surface
Transportation Project STPY- 072B(421), JP# 09482(04) consisting of the actual traffic improvements as follows:
1. TRAFFIC SIGNALS at the US -169 and SH -20 Interchange.
All construction is to be in accordance with the plans and by reference made a part of this AGREEMENT. Such
plans are to be in accordance with the Oklahoma Standard Specifications for Highway Construction, Edition of 1999
and current updates.
It is the policy of the Oklahoma Department of Transportation to assure compliance with Title VI of the Civil
Rights Act of 1964, and the CITY of Owasso hereby agrees that as a condition to receiving any Federal financial
assistance it will comply with Title VI of the Civil Rights Act of 1964 which requires that no person in the United States
shall on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from the participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which Federal
Financial Assistance is received.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. The Department agrees to provide the plans, specifications, and construction cost estimates for
this project.
2. The DEPARTMENT and the CITY agree to become jointly responsible with the contractor as
co- applicants for meeting all Department of Environrnental Quality (DEQ) requirements for storm water
runoff on this project. It is agreed that the project plans and specifications, required schedules for
accomplishing the temporary and permanent erosion control work, the storm water pollution prevention
plan sheet and appropriate USGS topographic map contained in the plans constitute the storm water
management plan for the project described previously in this document. Further, if required, the
DEPARTMENT and the CITY agree to file jointly with the contractor the general National Pollutant
Discharge Elimination system (NPDES) permit with the DEQ which authorizes the storm water
discharges associated with industrial activity from the construction site identified in this document.
That prior to the DEPARTMENT's advertising for bids or otherwise authorizing work on said
project, the CITY agrees to furnish without cost to the DEPARTMENT all rights -of -way needed for the
construction of said project, free and clear of all obstructions and encumbrances of whatsoever nature,
which would interfere with construction of the project, including but not limited to utility poles, pipelines,
buildings, signs and other facilities above or below the surface of the ground.
The CITY further agrees that it shall cause the adjustment or relocation of public or private utility
facilities occupying the rights -of -way for said project, provided the adjustment or relocation of same is
needed to accommodate construction of the project; the CITY further agrees that it shall accomplish said
utility adjustment or relocation at the sole expense of the CITY, except in those cases in which the owner
of said utility facility is required by law to assume the cost thereof.
4 • The CITY agrees to acquire legal title to said rights -of- -way in the name of the CITY; that all such
acquisition of rights -of -way shall be carried out and evidenced by written instruments, such as deeds,
written easements, condemnation orders or judgements and that the same shall be recorded in the Office
of the County Clerk as provided by law. The CITY shall furnish the DEPARTMENT's Office of Land
Acquisition with true and correct copies of all written right -of -way instruments and each copy of such
instrument shall be certified by the County Clerk as true and correct copy thereof and shall bear the book
and page number showing where the same is recorded and the exact date and time of recording thereof.
The CITY shall convey to the DEPARTMENT, by deed or easement, all right -of -way acquired
for a project located on the State Highway System. The CITY shall defend the title in and to all of such
rights -of -way at the sole expense of the CITY; and the CITY hereby agrees to indemnify and save
harmless the DEPARTMENT from any and all claims, demands, suits or causes of action, whether the
same be at law or in equity, for damages or just compensation or otherwise, arising from or in any way
connected with the CITY's acquisition or failure to acquire said lands, or arising from or connected with
the construction of the project by the DEPARTMENT upon said lands.
Upon approval of this AGREEMENT and the plans, specifications, and estimates by the Federal
Highway Administration, the DEPARTMENT shall agree to advertise and let the contract for this project
in the usual and customary manner. It is agreed that the projects herein contemplated are proposed to be
financed as previously described, and that this AGREEMENT, all plans, specifications, estimate of costs,
acceptance of work, payments, and procedure in general hereunder are subject in all things at all times
to all Federal laws, regulations, orders, approvals as may be applicable hereto.
b. The DEPARTMENT shall appoint competent supervision of the construction work to the end of
obtaining work strictly in accordance with the approved plans and specifications.
7. The CITY shall by resolution, duly authorize the execution of this AGREEMENT by proper
officials, and attach copies of such resolution to this AGREEMENT.
8. It is understood and agreed that the roadway improvements and all devices specified herein shall
not be altered, removed, or cease to be operative without mutual written consent of the DEPARTMENT
and the CITY.
9. The CITY agrees that upon completion of construction of said project, final inspection, and
acceptance of the project by the DEPARTMENT, the CITY will be responsible for the maintenance and
cost of operation of all traffic signal equipment erected and installed pursuant to this agreement and all
devices appurtenant thereto.
10. The CITY hereby agrees to periodically review the adequacy of the aforesaid project to insure
the safety of the traveling public and should the CITY determine that farther modification or
improvement be required, the CITY shall take such actions as are necessary to make such modification
or improvement.
When maintenance and/or operational modifications are required which in the opinion of the
DEPARTMENT exceed the capabilities ofthe C FY's staff, the CITY agrees to retain, at the sole expense
of the CITY, competent personnel for the purpose of bringing the improvement up to the proper standard
of operation.
11. In the event that any hardware installed hereunder is no longer needed for the purposes designated
herein, then the hardware installed hereunder shall not be removed by the CITY to any point other than
that which is approved by the DEPARTMENT prior to such removal.
12. Upon completion of the aforesaid project, the CITY hereby specifically agrees that the CITY
assumes any and all financial obligation for the operation of the aforesaid project.
13. If the CITY should fail to fulfill its responsibilities under this AGREEMENT, such a failure will
disqualify the CITY from future Federal -aid participation on any Federal -aid project. Federal funds are
to be withheld until such time as a traffic engineering staff, satisfactory to the DEPARTMENT has been
properly established and functioning, deficiencies in regulations have been corrected, or the traffic
Operations improvements to be installed under this Agreement are brought to a satisfactory condition of
maintenance.
14. The DEPARTMENT has taken the necessary actions to insure its work is in compliance with the
requirements of the Americans with Disabilities Act. The DEPARTMENT agrees that its program or
activity will comply with the requirements of the ADA.
The CITY will assist the DEPARTMENT in insuring compliance. Any cost ofsuch compliance,
beyond the basic services supplied by the CITY, will be responsibility of the DEPARTMENT. Under
no circumstances will the CITY assist the DEPARTMENT in any activity which it deems to not be in
compliance with the ADA.
IN WITNESS WHEREOF, the ChiefEngineer ofthe Department ofTransportation, pursuant to authority
vested in him by the Transportation Commission, has hereunto subscribed his name as Chief Engineer of the
Department of Transportation, and the CITY has executed same pursuant to authority prescribed by law.
The CITY on the
day of 2005, and the STATE on the 30r,& day of
2005.
ATTEST:
1.5 7V
cL
Title
C'tm .. Lr. 3181,5,1
CITY OF�O, O
BY:
APPROVED AS TO FORM AND LEGA/LI,TY
BY: lac
CITY Attorney
STATE OF OKLAHOMA
DEPARTMENT OF TRANSPORTATION
By: _
ClIef Engineer
AP OVED AS TO FORM AND LEGALITY
BY:
Z G neral Counsel
MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
CITY OF OWASSO
FROM: LARISSA DARNABY
CITY PLANNER
SUBJECT: REQUEST FOR ACCEPTANCE OF THE CHRIST'S CHURCH OF
OWASSO FINAL PLAT
DATE: NOVEMBER 11, 2008
BACKGROUND:
The City of Owasso has received a request from Charles Helscel applicant /owner, for the review
and acceptance of the Christ's Church of Owasso Final Plat. The Final Plat proposes one (1) lot
in one (1) block on 14.66 acres of property. The applicant wishes to plat the property so that they
may develop a Church Facility.
LOCATION:
The subject property is located on the north side of East 96th Street North and about a half of a mile
east of North 129th East Avenue.
EXISTING LAND USE:
Undeveloped
SURROUNDING LAND USES:
North: Large Lot Single - Family Residential
East: Large Lot Single- Family Residential
West: Large Lot Single - Family Residential
PRESENT ZONING:
The subject tract is zoned RE (Residential Estate) with a Special Exception granted by the Board of
Adjustments for a church facility.
DEVELOPMENT PROCESS:
The first step in the development of a piece of property in Owasso is annexation. Annexation is
the method whereby land located outside the city limits is made a part of the city. Property owners
and land developers sometimes choose to have their property annexed into Owasso in order to
receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer.
The second step in the development of a piece of property in Owasso is rezoning. When a property
is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to
develop the property, the land must be zoned for particular kinds of uses, such as residential,
office, commercial, or industrial. Rezoning decisions are made in accordance with the growth
policy displayed in the Owasso Master Plan.
One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD.
When a development proposes to exhibit a mixture of uses with specific regulations and standards
unique to a particular tract of land, a PUD is often the preferred land use control mechanism.
The third step in the development of a piece of property in Owasso is platting. A preliminary plat
is required for any development that proposes to divide land into two or more lots. Preliminary
plats illustrate the development concept for the property, and are often modified significantly after
being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning
Commission. Sometimes, difficult development issues such as existing utility lines, wells, or
easements are brought to light at the preliminary plat stage and must be remedied prior to
development.
After the preliminary plat has been reviewed by the City and various utility companies,
construction plans for the development's infrastructure are typically submitted. These plans
include specifications and drawings for stormwater drainage, streets and grading and erosion
control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of
other agencies, such as the Department of Environmental Quality for wastewater collection and the
US Army Corps of Engineers for properties that may be development sensitive.
Once the property development proposal shows a division of lots that is acceptable to both the
developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the
layout and dimension of lots included on the final plat, right -of -way widths, easements, and other
physical characteristics that must be provided for review by the City. After obtaining approval
from the TAC and Planning Commission, the final plat is considered by the City Council. If
approved, the final plat is filed with the office of the County Clerk and governs all future
development on that property.
The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are
reviewed by the TAC and approved by city staff. Issues such as building setbacks, parking, access,
landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the
development is clear to apply for a building permit and to submit construction plans for the
building's foundation, plumbing, electrical system, and HVAC.
ANALYSIS:
The applicant is requesting the review and approval of the Christ's Church of Owasso final plat so
they may plat and eventually develop the property with a church facility. The property is zoned RE
(Residential Estate) with a Special Exception granted by the Board of Adjustment on October 28,
2008 to allow for a church use on the subject tract.
According to the final plat, the developer would like to create one 14.66 acre lot, recognized as Lot
1, Block 1, Christ's Church of Owasso, which would be the proposed site of the church facility.
The main access points into the Christ's Church would be from East 96th Street North. The
applicant has shown a total of 60' to be designated on the final plat for ingress and egress. The 60'
that is designated for ingress and egress would consist of one access point serving as the entrance
and exit to the property.
Any development that occurs on the subject property must adhere to all subdivision, zoning and
engineering requirements including but not limited to paved streets and sidewalks. Commercial
sewer service will be provided by the City of Owasso. Sewer and Water service will be provided
by the City of Owasso. The property will be subject to all payback fees including Storm Siren fees
of $35 per acre, and $1580 per acre if tapped into the Elm Creek Sewer Interceptor.
RECOMMENDATION:
Staff recommends approval of the Christ's Church of Owasso Final Plat.
ATTACHMENTS:
1. General Area Map
2. Christ's Church of Owasso Final Plat
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CHRIST CHURCH CITY OF OWASSO
10/21/08
Legend 111 N. Main street
0 P.O. Box 180
Owasso, OK 74055
North
TIUS MAP IS FOP INPORMIA.TION PURPOSE ONLY AND IS NO-T INT -NDED T^✓ 918.376.1500
REPRESENT AN ACCURATB AND TRUE SCALE. USE OF THIS IVL'kP IS WITFIO`-'TT
WARRANTY OR REPRESENTATION BY CITY OF OWASSO OF ITS ACCUZACY.
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OWNER / DEVELOPER:
CHARLES HELSCEL
PO BOX 397
OWASSO, OK 74055
(918) 274 -0517
CNGINCCK
KELLOGG ENGINEERING, INC.
6735 SOUTH 4060 ROAD
TALALA. OKLAHOMA 74050
(918) 275 -4080
CERTIFICATE OF AUTHORIZATION NO. 2786
RENEWAL DATE: JUNE 30, 2009
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SURVEYOR:
0. GOSS & ASSOCIATES, LLC
P.O. BOX 216
COLLINSVILLE. OK 74021
(918) 371 -7750
CERTIFICATE OF AUTHORIZATION NO. 3932
RENEWAL DATE: JUNE 30, 2010
FINAL PLAT
4Ap
GRIST'S CHUB UH OF
A PART OF THE SOUTHEAST QUARTER (SE /4) OF SECTION 16
ITSHIP 21 NORTH. RANGE 14 EAST
AN ADDITION TO THE COTOF� A: �LS COUNTY. OKLAHOMA
,14.`66 ACRE TRACT
ZONElk AG
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CITUSTS CHURCH OF OWASSO
OCTOBER 7 2008
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: COMMUTER BUS SERVICE PROPOSED AGREEMENT
DATE: November 6, 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 5s' 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 5`h 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 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
136th Street North. Riders would be picked up from that location at 6:50 AM, and delivered back to
that 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
TU41A;�T
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, 111 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 1/o)
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.
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
IM
ATTEST:
Sherry Bishop, City Clerk
Rodney J. Ray, City Manager
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: ROGER STEVENS
PUBLIC WORKS DIRECTOR
SUBJECT: AGREEMENT FOR ENGINEERING SERVICES
STORMWATER REVIEW, ANALYSIS AND DESIGN
DATE: November 13, 2008
BACKGROUND:
Since July 2006, the engineering services agreement for stormwater review of miscellaneous projects
or areas regarding drainage issues has been extended to Meshek and Associates without requesting
proposals from other engineering firms. In early October, the City of Owasso Public Works
Department prepared a Request For Proposal WP) for such engineering services. The services
outlined in the RFP included: (1) miscellaneous storm drainage engineering review; and (2)
preliminary review and conceptual design of storm drainage improvements, as directed by the City.
Proposal packets reflecting the key elements were developed and distributed to 13 engineering
consulting firms deemed qualified to perform the services requested. On October 27, 2008, proposals
were received from the following 7 respondents:
- The Benham Companies, LLC (Tulsa)
- Meshek & Associates, PLC (Tulsa)
- Painter & Associates (Oklahoma City)
- Myers Engineering (Tulsa)
- Crafton Tull Sparks (Tulsa)
- Tetra Tech (Tulsa)
- HISINC, LLC (Mannford)
ENGINEERING PROPOSAL SELECTION:
The following process was used for selection of firms to perform the requested engineering services:
- Develop and distribute a Request for Proposals specific to the project
- Rank responding firms based on predetermined rating criteria.
- Determine the most "Qualified and Highly Responsive Firm"
- Review man-hour projection and price proposal
Upon comparison of proposals, the project team of The Benham Companies was selected as the most
"Qualified and Highly Responsive Firm ".
(The Benham Companies)
Engineering Services Agreement
Page 2 of 2
FUNDING SOURCE:
Funding for Engineering Services has been allocated under the FY 2008 -2009 Stormwater
Management Fund in the amount of $90,000. Since July 1, 2008, stormwater review service invoices
received from Meshek and Associates have totaled to $4,100. Thus, the proposed not to exceed
contract amount for FY 2008 -2009 Stormwater Engineering Review and Analysis has decreased to
$85,000.
REC ) ENDATION:
Staff recommends Council approval of an Agreement for Engineering Services for Miscellaneous
Stormwater Engineering Reviews and Analysis with The Benham Companies LLC, in the amount not
to exceed $85,000 and authorization for the Mayor to execute the agreement.
ATTACHMENT:
1. Agreement for Engineering services
Agreement for Engineering Services for the
City of Owasso, Oklahoma
Miscellaneous Drainage Engineering Reviews and Analyses
THIS AGREEMENT, made and entered into this day of _ 2008 between the
City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to
as CITY, and The Benham Companies, LLC, hereinafter referred to as ENGINEER;
WITNESSETH:
WHEREAS, CITY intends to analyze various drainage problems and provide drainage -
related reviews of various development projects, hereinafter referred to as the PROJECT;
and,
WHEREAS, CITY requires certain professional services in connection with the PROJECT,
hereinafter referred to as the SERVICES; and,
WHEREAS, ENGINEER is prepared to provide such SERVICES;
WHEREAS, funding is available for the PROJECT through the Stormwater Fund.
NOW THEREFORE, in consideration of the promises contained herein, the parties hereto
agree as follows:
SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A,
SCOPE OF PROTECT which is attached hereto and incorporated by reference as part
of this AGREEMENT.
2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the
SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached
hereto and incorporated by reference as part of this AGREEMENT.
3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in
Attachment C, RESPONSIBILITIES OF THE CITY which is attached hereto and
incorporated by reference as part of this AGREEMENT.
4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D,
COMPENSATION, and further described in Attachment E, FEE /MANHOUR
BREAKDOWN, which are attached hereto and incorporated by reference as part of
this AGREEMENT.
5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B,
SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F,
SCHEDULE, attached hereto and incorporated by reference as part of this
AGREEMENT.
STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES
undertaken in a manner consistent with the prevailing accepted standard for similar
services with respect to projects of comparable function and complexity and with
the applicable laws and regulations published and in effect at the time of
performance of the SERVICES. The PROJECT shall be designed and engineered in a
good and workmanlike manner and in strict accordance with this AGREEMENT. All
engineering work shall be performed by or under the supervision of Professional
AGREEMENT FOR DRAINAGE ENGINEERING SERVICES (2).DOC
Engineers licensed in the State of Oklahoma, and properly qualified to perform such
engineering services, which qualification shall be subject to review by CITY. Other
than the obligation of the ENGINEER to perform in accordance with the foregoing
standards, no warranty, either express or implied, shall apply to the SERVICES to be
performed by the ENGINEER pursuant to this AGREEMENT or the suitability of
ENGINEER'S work product.
7. LIMITATION OF RESPONSIBILITY.
7.1. ENGINEER shall not be responsible for construction means, methods,
techniques, sequences, procedures, or safety precautions and programs in
connection with the PROJECT.
7.2. The presence of ENGINEER's personnel at a construction site is for the
purpose of providing to the CITY a greater degree of confidence that the
completed construction work will conform generally to the construction
documents and that the integrity of the design concept as reflected in the
construction documents has been implemented and preserved by the
construction contractor(s).
7.3. In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect total PROJECT cost
and /or execution. These conditions and cost/ execution effects are not the
responsibility of ENGINEER.
7.4. Record drawings will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact
location, type of various components, or exact manner in which the
PROJECT was finally constructed. ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into
the record drawings.
7.5. ENGINEER's deliverables, including record drawings, are limited to the
sealed and signed hard copies. Computer - generated drawing files furnished
by ENGINEER are for CITY or others' convenience. Any conclusions or
information derived or obtained from these files will be at user's sole risk.
8. OPINIONS OF COST AND SCHEDULE.
8.1. Since ENGINEER has no control over the cost of labor, materials, equipment,
or services furnished by others, or over contractors', subcontractors', or
vendors' methods of determining prices, or over competitive bidding or
market conditions, ENGINEER'S cost estimates shall be made on the basis of
qualifications and experience as a Professional Engineer.
8.2. Since ENGINEER has no control over the resources provided by others to
meet construction contract schedules, ENGINEER'S forecast schedules shall
AGREEMENT FOR DRAINAGE ENGINEERING SERVICES (2).DOC
be made on the basis of qualifications and experience as a Professional
Engineer.
9. LIABILITY AND INDEMNIFICATION.
9.1. ENGINEER shall defend and indemnify CITY from and against legal liability
for damages arising out of the performance of the SERVICES for CITY,
including but not limited to any claims, costs, attorney fees, or other
expenses of whatever nature where such liability is caused by the negligent
act, error, or omission of ENGINEER, or any person or organization for
whom ENGINEER is legally liable. Nothing in this paragraph shall make the
ENGINEER liable for any damages caused by the CITY or any other
contractor or consultant of the CITY.
9.2. ENGINEER shall not be liable to CITY for any special, indirect or
consequential damages, such as, but not limited to, loss of revenue, or loss of
anticipated profits.
10. CONTRACTOR INDEMNIFICATION AND CLAIMS.
10.1. CITY agrees to include in all construction contracts the provisions of Articles
7.1, and 7.2, and provisions providing contractor indemnification of CITY
and ENGINEER for contractor's negligence.
10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER
as additional insureds on the contractor's general liability insurance policy.
11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall
comply with applicable regulatory requirements including federal, state, and local
laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall
procure the permits, certificates, and licenses necessary to allow ENGINEER to
perform the SERVICES. ENGINEER shall not be responsible for procuring permits,
certificates, and licenses required for any construction unless such responsibilities
are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES.
12. INSURANCE.
12.1. During the performance of the SERVICES under this AGREEMENT,
ENGINEER shall maintain the following insurance:
12.1.1. General Liability Insurance with bodily injury limits of not less than
$1,000,000 for each occurrence and not less than $1,000,000 in the aggregate,
and with property damage limits of not less than $100,000 for each
occurrence and not less than $100,000 in the aggregate.
12.1.2. Automobile Liability Insurance with bodily injury limits of not less
than $1,000,000 for each person and not less than $1,000,000 for each accident
and with property damage limits of not less than $100,000 for each accident.
12.1.3. Worker's Compensation Insurance in accordance with statutory
requirements and Employers' Liability Insurance with limits of not less than
$100,000 for each occurrence.
AGREEMENT FOR DRAINAGE ENGINEERING SERVICES (2).DOC
12.1.4. Errors and Omissions Insurance to remain in effect during the
PROJECT and the term of any legal liability. Errors and Omissions coverage
to be for a minimum of $1,000,000, deductibles subject to approval.
12.2. ENGINEER shall furnish CITY certificates of insurance which shall include a
provision that such insurance shall not be canceled without at least 30 days
written notice to the CITY.
13. OWNERSHIP AND REUSE OF DOCUMENTS.
13.1. All documents, including original drawings, estimates, specifications, field
notes and data shall become and remain the property of the CITY.
13.2. CITY'S reuse of such documents without written verification or adaptation
by ENGINEER for the specific purpose intended shall be at CITY'S risk.
14. TERMINATION OF AGREEMENT.
14.1. The obligation to continue SERVICES under this AGREEMENT may be
terminated by either party upon fifteen days written notice in the event of
substantial failure by the other party to perform in accordance with the terms
hereof through no fault of the terminating party.
14.2. CITY shall have the right to terminate this AGREEMENT, or suspend
performance thereof, for CITY'S convenience upon written notice to
ENGINEER; and ENGINEER shall terminate or suspend performance of
SERVICES on a schedule acceptable to CITY. In the event of termination or
suspension for CITY'S convenience, CITY shall pay ENGINEER for all
SERVICES performed to the date of termination in accordance with
provisions of Attachment D, COMPENSATION. Upon restart of a suspended
project, ENGINEER's contract price and schedule shall be equitably adjusted.
15. NOTICE.
Any notice, demand, or request required by or made pursuant to this AGREEMENT
shall be deemed properly made if personally delivered in writing or deposited in the
United States mail, postage prepaid, to the address specified below.
To ENGINEER: The Benham Companies, LLC
One West 3rd Street
Suite 100
Tulsa, OK 74103
Attention: Mike Wright
To CITY: CITY OF OWASSO, OKLAHOMA
P.O. Box 180
Owasso, Oklahoma 74055
Attention: Roger Stevens
15.1. Nothing contained in this Article shall be construed to restrict the
transmission of routine communications between representatives of
ENGINEER and CITY.
AGREEMENT FOR DRAINAGE ENGINEERING SERVICES (2).DOC
16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to
be in default of this AGREEMENT if delays in or failure of performance shall be due
to forces which are beyond the control of the parties; including, but not limited to:
fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance,
sabotage; inability to procure permits, licenses, or authorizations from any state,
local, or federal agency or person for any of the supplies, materials, accesses, or
services required to be provided by either CITY or ENGINEER under this
AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial
restraint.
17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court
of competent jurisdiction as unenforceable, such portion shall be severed herefrom,
and the balance of this AGREEMENT shall remain in full force and effect.
18. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments
A, B, C, D, E, and F, and Exhibit E, and represents the entire and integrated
AGREEMENT between the parties; and supersedes all prior negotiations,
representations, or agreements pertaining to the SCOPE OF SERVICES herein, either
written or oral. CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT. This AGREEMENT may be amended
only by written instrument signed by each of the Parties.
19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the
ENGINEER and the CITY over the interpretation or application of the terms of this
AGREEMENT, the matter shall be referred to the City's Director of Public Works for
resolution. If the Director of Public Works is unable to resolve the dispute, the
matter may, in the Director's discretion, be referred to the City Manager for
resolution. Regardless of these procedures, neither party shall be precluded from
exercising any rights, privileges or opportunities permitted by law to resolve any
dispute.
20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to
this AGREEMENT, provided that nothing contained in this paragraph shall prevent
ENGINEER from employing such independent consultants, associates, and
subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the
performance of the SERVICES hereunder.
21. APPROVAL. It is understood and agreed that all work performed under this
AGREEMENT shall be subject to inspection and approval by the Public Works
Department of the City of Owasso, and any plans or specifications not meeting the
terms set forth in this AGREEMENT will be replaced or corrected at the sole expense
of the ENGINEER. The ENGINEER will meet with the City staff initially and
monthly thereafter and will be available for public meetings and/or City of Owasso
presentations.
22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has
designated Jenny Sallee as Project Manager for the PROJECT. ENGINEER agrees
that no change will be made in the assignment of this position without prior
approval of CITY.
AGREEMENT FOR DRAINAGE ENGINEERING SERVICES (2).DOC
IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies
on the respective dates herein below reflected to be effective on the date executed by the
Mayor of the City of Owasso.
APPROVED:
City Clerk
APPROVED AS TO FORM:
City Attorney
AGREEMENT FOR DRAINAGE ENGINEERING SERVICES (2).DOC
The Benham Companies, LLC
Mike Wright
Date
CITY OF OWASSO OKLAHOMA
Mayor
Date
Agreement for Engineering Services for the
City of Owasso, Oklahoma
Miscellaneous Drainage Engineering Reviews and Analyses
Scope of Project
Attachment A
SCOPE OF PROJECT. The PROJECT shall consist of the general engineering services,
review, and approval of Hydrology and Hydraulic reports as related to the City of Owasso
Master Drainage Plan.
AGREEMENT FOR DRAINAGE ENGINEERING SERVICES (2).DOC
Agreement for Engineering Services for the
City of Owasso, Oklahoma
Miscellaneous Drainage Engineering Reviews and Analyses
Scope of Services
Attachment B
The services to be performed by the ENGINEER, The Benham Companies, LLC, under this
AGREEMENT will consist of miscellaneous engineering review of development projects as
directed by the City, up to the remaining total compensation referred to in Attachment D, as
well as analysis and conceptual design of drainage improvements as directed individually
by the City by seperate work order. Further, it is understood and agreed that the date of
beginning, rate of progress, and the time of completion of the work to be done hereunder
are essential provisions of this AGREEMENT; and it is further understood and agreed that
the work embraced in this AGREEMENT shall commence upon execution of this
AGREEMENT and receipt of Notice to Proceed. It is further understood that all reviews and
conceptual designs will be prepared in accordance with the City of Owasso design criteria
and specifications for construction.
B_1. BASIC SERVICES OF ENGINEER. The basic services of the ENGINEER shall
include, but are not limited to the following tasks:
B.La) Provide miscellaneous drainage engineering review of development projects
as directed by the City. The work will include:
B.1.a) 1. General review of engineering plans for compliance with City
criteria and policies.
B.1.a) 2. Inclusion of proposed developments or other ongoing projects
in the applicable HEC -HMS and HEC -RAS model of the
watersheds in the City of Owasso.
B.1.b) Provide analysis and conceptual design of drainage improvements, as
directed individually by the City. The work will generally include the
following elements:
B.1.b) 1. Preparation of detailed hydrologic and hydraulic models of
the localized areas.
B.1.b) 2. Preparation of conceptual plans to deal with the flooding
problems.
B.1.b) 3. Prepare conceptual level cost estimates for budget purposes.
B.1.b) 4. Preparation of a letter report documenting findings.
AGREEMENT FOR DRAINAGE ENGINEERING SERVICES (2).DOC
Agreement for Engineering Services for the
City of Owasso, Oklahoma
Miscellaneous Drainage Engineering Reviews and Analyses
Responsibilities of the City
Attachment C
RESPONSIBILITIES OF THE CITY. The CITY agrees:
C.1 Reports, Records, etc. To furnish, as required by the work, and not at expense to the
ENGINEER:
C.1.1 Records, reports, studies, plans, drawings, and other data available in the
files of the CITY that may be useful in the work involved under this
AGREEMENT.
C.1.2 Standard construction drawings and standard specifications.
C.1.3 ENGINEER will reasonably rely upon the accuracy, timeliness, and
completeness of the information provided by CITY.
C.2 Access. To provide access to public and private property when required in
performance of ENGINEER'S services.
C.3 Staff Assistance. Designate in writing a person to act as its representative in respect
to the work to be performed under this AGREEMENT, and such person shall have
complete authority to transmit instructions, receive information, interpret and
define CITY'S policies and decisions with respect to materials, equipment, elements
and systems pertinent to the services covered by this AGREEMENT.
C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing
CITY owned utilities and in expediting their relocation as described in
Attachment B. Further, CITY will furnish assistance as required in obtaining
locations of other utilities, including "potholing ".
C.3.2 Furnish legal assistance as required in the preparation of bidding,
construction and other supporting documents.
C.4 Review. Examine all studies, reports, sketches, estimates, specifications, drawings,
proposals and other documents presented by ENGINEER and render in writing
decisions pertaining thereto within a reasonable time so as not to delay the services
of ENGINEER.
C.5 Construction Administration Phase. Review and take appropriate action on
contractor shop drawings and material submittals, and review of contractor pay
estimates.
AGREEMENT FOR DRAINAGE ENGINEERING SERVICES (2).DOC
Agreement for Engineering Services for the
City of Owasso, Oklahoma
Miscellaneous Drainage Engineering Reviews and Analyses
Compensation
Attachment D
COMPENSATION. The CITY agrees to pay, as compensation for services set forth in
Attachment B, the following fees, payable monthly as each Phase of the work progresses;
and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly
invoices based upon actual hours or work, invoiced according the Rate Schedule provided
in ATTACHMENT E, completed at the time of billing. Invoices shall be accompanied by
such documentation as the CITY may require in substantiation of the amount billed.
D.1 Total Compensation.
D.1.1 For the work under this project, Attachment B, the total maximum billing
including direct costs and subconsultant services shall be Eighty -Five
Thousand Dollars and No Cents ($85,000) which amount shall not be
exceeded without further written authorization by the CITY.
D.2 Subconsultants and Other Professional Associates. Services of
subcontractors and other professional consultants shall be compensated for
at actual cost.
D.3 Other Direct Costs.
D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel
by personal or firm automobile shall be compensated for at $.585 per mile.
D.3.2 Printing expenses shall be compensated for as shown in ATTACHMENT E.3.
D.3.3 Any other direct costs shall be compensated for at actual cost.
D.4 Additional Services. Unless otherwise provided for in any accepted and
authorized proposal for additional services, such services shall be
compensated for on the same basis as provided for in D.2 and D.3.
D.5 Terminated Services. If this AGREEMENT is terminated, ENGINEER shall
be paid for services performed to the effective date of termination as follows:
D.5.1 For hourly services as presented in D.2.
D.6 Conditions of Payment.
D.6.1 Progress payments shall be made in proportion to services rendered and
expenses incurred as indicated within this AGREEMENT and shall be due
AGREEMENT FOR DRAINAGE ENGINEERING SERVICES (2).DOC
and owing within thirty days of ENGINEER'S submittal of his progress
payment invoices.
D.6.2 If CITY fails to make payments due ENGINEER within sixty days of the
submittal of any progress payment invoice, ENGINEER may, after giving
fifteen days written notice to CITY, suspend services under this
AGREEMENT.
D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are
delayed or suspended for more than ninety days for reasons beyond
ENGINEER'S control, ENGINEER may, after giving fifteen days written
notice to CITY, request renegotiation of compensation.
AGREEMENT FOR DRAINAGE ENGINEERING SERVICES (2).DOC
Agreement for Engineering Services for the
City of Owasso, Oklahoma
Miscellaneous Drainage Engineering Reviews and Analyses
Billing Rate Sheet
Attachment E
Hourly Rates For: The Benham Companies, LLC Amount ($ /hour):
E.1 Allowance for Office Work:
Project Manager
$107.55 /hour
Senior Engineer III
$118.02 /hour
Senior Engineer II
$ 94.98 /hour
Junior Engineer
$ 68.82 /hour
Structural Engineer
$ 97.47 /hour
GIS Specialist
$ 82.04 /hour
Environmental Scientist
$ 66.61 /hour
Engineering /Sr. CAD Technician
$ 78.71 /hour
Engineering /Jr. CAD Technician
$ 71.88 /hour
Structural Technician
$ 88.70 /hour
GIS Technician
$ 51.41 /hour
Survey Crew
$150.00 /hour
Clerical
$ 52.30 /hour
E.2 Travel Expense:
Total mileage traveled for field and office visits x $0.585/mile
E.3 Reproduction costs:
E.3.1 In -house reproduction
Copies $ 0.20/ each
Prints $ 2.00 /each
11 x 17 Color Prints $ 3.50 /each
Black and White Plots $18.00 /each
Color Plots $28.00 /each
E.3.2 Outside reproduction
Actual Cost + 10%
E.4 Miscellaneous fees:
Actual Cost
E.5 Miscellaneous expenses:
Actual Cost + 10%
AGREEMENT FOR DRAINAGE ENGINEERING SERVICES (2).DOC
Agreement for Engineering Services for the
City of Owasso, Oklahoma
Miscellaneous Drainage Engineering Reviews and Analyses
Personnel Billing Rate Sheet
Exhibit E
The following hourly rates will be used for The Benham Companies, LLC employees
working on this project. The rates are based upon current salary levels and will be revised
as necessary during this calendar year for employee salary adjustments and new
employees. The rates are based upon actual salaries times a multiplier of 2.80.
EMPLOYEE
TITLE
FUNCTION
RATE
Jenny Sallee
Project Manager
Project Management
$107.55
Budget
Schedule
NEPA Process and Documentation
Hazardous Waste and UST Database Review
Renee Ellis
Staff II Envir. Scientist
NEPA & Documentation
$66.61
Cultural Resources
Wetlands
Threatened and Endangered Species
Shannon Koeninger
Structural Engineer
Engineering QA/QC
$97.47
Plan Review
Hydraulics Engineering
Permit Approval
Barend Meiling
Senior Engineer III
Engineering QA/QC
$118.02
Plan Review
Hydraulics Engineering
Permit Approval
Mark Horton
Senior Engineer II
Engineering QA/QC
$94.98
Plan Review
Hydraulics Engineering
Permit Approval
Carrie Landgraff
GIS Specialist
GIS management
$82.04
GIS Database
GIS Training
Rebecca Ward
Junior Engineer
Engineering General
$68.82
Jared Podolny
Junior Engineer
Engineering General
$68.82
Richard Shepherd
Structural Technician
Structural Details
$88.70
Steve Davis
Senior CAD Operator
CAD
$78.71
Bryan White
Junior CAD Operator
CAD
$71.88
Robert Ward
GIS Technician
GIS
$51.41
Tracy Scopel
GIS Technician
GIS
$51.41
AGREEMENT FOR DRAINAGE ENGINEERING SERVICES (2).DOC
Agreement for Engineering Services for the
City of Owasso, Oklahoma
Miscellaneous Drainage Engineering Reviews and Analyses
Schedule
Attachment F
F. SCHEDULE. The schedule for general engineering services for the
remainder of the fiscal year 2008 -2009 is as follows:
F.1 Assuming a notice to proceed of December 1, 2008, contract will expire June
30, 2009.
F.2 Assuming a two -week review period by the ENGINEER.
AGREEMENT FOR DRAINAGE ENGINEERING SERVICES (2).DOC
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIE TROUT LOMBARDI
CITY ATTORNEY
SUBJECT: ACQUISTION OF LAND AND DONATION OF LAND TO TULSA
TECHNOLOGY CENTER (TTC)
DATE: November 18, 2008
BACKGROUND:
Tulsa Technology Center ( "TTC ") proposes to construct a campus in the City of Owasso
which will house both TTC training programs, and, through a lease arrangement with
Tulsa Community College ( "TCC "), an institute of higher education as well. Although
TTC originally expressed its intent to construct a new facility in the City of Owasso
several years ago, funding constraints and other delays prevented the facility from being
built at that time. TTC is now prepared to begin construction of the TTC Owasso campus
facility in January of 2009. The proposed campus will be located immediately east of
Highway 169 between 106`x' St. N. and 116t}' St. N. Prior to construction, however, TTC
must acquire sufficient land to house a large state -of -the -art educational facility sufficient
to accommodate both TTC and TCC classes.
Previous donations of land were made by the Opal Robinson Family Trust and by Allen
and Doris Robinson to TTC for construction of a TTC facility in Owasso. However,
given that the size and structure of the proposed campus with its ancillary
accommodations, including a large conference center, is substantially larger than
originally anticipated, it is necessary for the site to be bigger and for TTC to obtain
additional land.
Upon learning that TTC required additional land to construct a significantly larger
Owasso TTC Campus to accommodate an institution of higher education, the City
entered into negotiations with the Owasso Land Trust ( "OLT ") to purchase additional
property that the City could subsequently donate to TTC. The OLT has agreed to sell a
parcel of land containing 10.66 acres to the City of Owasso for One Million, One
Hundred Fifty -Nine Thousand, Seven Hundred Eighty -Five Dollars and Sixty Cents
($1,159,785.60). This purchase price is based upon a calculated cost of Two Dollars and
Fifty Cents ($2.50) per square foot for the 10.66 acre tract.
The second tract of land the City proposes to purchase and donate to TTC contains
approximately 14.64 acres and is owned by the H. Allen and Doris L. Robinson Trust (no
relation to the Opal Robinson Trust referenced above). The trust has agreed to sell this
14.64 acre parcel of property to the City for One Million, Eight Hundred Eighty -Nine
Thousand, Six Hundred Thirty -Two Dollars and Eighty Cents ($1,889,632.80). This
purchase price reflects a cost of approximately Three Dollars ($3.00) per square foot.
Both closings are scheduled to occur on November 19, 2008. At the closings, the sellers
will deliver Warranty Deeds to the City free of all encumbrances, liens or other
restrictions on the property. Surveys of both properties are currently being performed
and reviews of the abstracts are underway.
Donation Agreement. Subsequent to the execution and closing of the two land sale
transactions described above, the City proposes to donate these two tracts to TTC for
construction of the new TTC Owasso facilities. Although municipalities are generally
prohibited from gifting real or personal property to any person or entity, 11 O.S. §22 -125
of the Oklahoma Statutes creates an exception to that law whereby a municipality may
donate property to a school district. Based upon that provision in the law, the City of
Owasso proposes to donate the land acquired from the OLT and the H. Allen and Doris
L. Robinson Revocable Living Trust to TTC for construction of an Owasso Campus.
The City's donation of land to TTC would be predicated upon the following conditions:
A. The City of Owasso's name shall be included in the name of the new facilities
to be constructed on the site.
B. TTC shall construct a joint use facility on the campus, which will serve to
house not only TTC's educational programs but also a program of instruction in
higher education through a lease with TCC.
C. The City of Owasso shall retain a reversionary interest in the land to be
donated which will enable the City to terminate, TTC's ownership of the property
if either of the following should occur:
1. TTC fails to begin and diligently work to complete construction of the
campus within two (2) years from the date the deed was executed, or,
2. TTC ever ceases to use the property for post - secondary educational
purposes. TTC shall, however, retain an option to purchase the property
from the City if the above reversionary provision is ever exercised by the
City. The purchase price to be paid by TTC shall be the fair market value
less and except any improvements.
Each of these conditions has been agreed to by TTC, and provisions setting forth these
conditions are included in the attached Donation Agreement.
2
CONCLUSION:
The proposed land sale purchases and the subsequent execution of the Donation
Agreement, if approved by the City Council, are scheduled to occur on November 19,
2008. Subsequent to obtaining title the donated land, construction of the new TTC
facility is scheduled to begin in January of 2009.
RECOMMENDATION:
The staff recommends that the City Council approve and authorize payment of the
following proposed Contracts for Sale of Real Estate:
1) 10.66 acres from the Owasso Land Trust in the amount of $1,159,785.60, and,
2) 14.64 acres from the H. Allen and Doris L. Robinson Revocable Living Trust Contract
in the amount of $1,889.632.80.
Staff further recommends that the Council authorize payment of all closing costs required
to complete these two transactions and authorize the Mayor to execute both land purchase
contracts and all other documents necessary. Staff further recommends that the Council
approve the Proposed Donation Agreement of Real Property between the City of Owasso
and TTC and authorize the Mayor to execute such Agreement.
ATTACHMENTS:
1. OLT Contract for Sale of Real Estate
2. H. Allen and Doris L. Robinson Revocable Living Trust Contract for Sale of Real
Estate
3. Proposed Donation Agreement between the City of Owasso and TTC
4. Map Depicting Site of the Owasso TTC Campus depicting proposed parcels to be
purchased and donated.
3
CONTRACT FOR SALE OF REAL ESTATE
THIS CONTRACT is entered into between OWASSO LAND TRUST, L.L.C. (Seller)
and CITY OF OWASSO (Buyer). Upon approval of this Contract by both Seller and Buyer, a
valid and binding contract of sale shall exist, the terms and conditions of which are as follows:
1. SALE: Seller agrees to sell and convey to Buyer, by Warranty Deed, subject only to
reasonable utility easements and building restrictions of record, and Buyer agrees to purchase
the following described real estate (the Property) located in TULSA County, Oklahoma:
A TRACT OF LAND SITUATED IN THE N/2 OF THE SE /4 OF SECTION
9, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. &M., TULSA
COUNTY, STATE OF OKLAHOMA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING FROM THE NEA
CORNER OF SAID N/2 SEA; THENCE S 88 044'39" W AND ALONG THE
NORTH LINE OF SAID N/2 SEA A DISTANCE OF 1057.71 FEET TO
THE "POINT OF BEGINNING "; THENCE S 1 °20'48" E A DISTANCE
OF 780.77 FEET; THENCE S 88 °44'40" W TO A POINT ON THE WEST
LINE OF E/2 E/2 NWA SEA A DISTANCE OF 594.62 FEET; THENCE N
1 019' 57" W TO A POINT ON THE NORTH LINE OF THE N/2 SE /4 A
DISTANCE OF 780.77 FEET; THENCE N 88 044'39" E AND ALONG
SAID NORTH LINE OF SAID N/2 SEA A DISTANCE OF 594.43 FEET
TO THE POINT OF BEGINNING.
Together with all improvements thereon, if any, in their present condition, ordinary
wear and tear accepted.
2. PURCHASE PRICE: The total purchase price is One Million, One Hundred Fifty -Nine
Thousand, Seven Hundred and Eighty -Five Dollars and 60/100 ($1,159,785.60) payable by
Buyer to Seller at the Closing.
3. EFFECTIVE DATE: The effective date of this contract shall be the date upon which it is
signed by both Seller and Buyer.
4. DISCLAIMER, DISCLOSURE, and INSPECTIONS: No representations regarding the
condition of Property, or environmental hazards, are expressed or implied, other than as may
be specified:
A. Flood Notification: Seller shall deliver to Buyer within ten (10) days of the
Effective Date of this contract, notice in writing if Property is located in an area
designated as a flood hazard area as defined by such City and /or County
governmental agency.
B. Inspection Time Period: Buyer shall have ten (10) days from the Effective Date to
perform any of the inspections and investigations set out in 1 through 3 below.
Buyer, at Buyer's expense, shall have the right to enter upon the Property, together
with any other persons, to conduct the following inspections and investigations:
1. Flood, Storm Run off Water, or Storm Sewer Backup or Water History.
2. Environmental Risks, including but not limited to, soil, air, hydrocarbon,
chemical, carbon, asbestos, mold, radon gas, lead -based paint.
3. Psychologically Impacted Property and Megan's Law.
C. Ten 10 Day Cancellation and Release of Contract: If Buyer has any objection to
the Property based on the results and findings of the inspections, Buyer shall have
the right to cancel, and terminate this Contract by delivering written notice stating
the Buyer's objections to the Property to Seller, in which event this Contract shall
be null and void.
5. DELIVERY OF PROPERTY INSPECTION REPORTS AND TEST RESULTS: Upon
receipt by Buyer, Buyer shall deliver to Seller a copy of any and all written inspection
reports obtained by the Buyer pertaining to all portions of the Property which are subject to
Buyer's right of inspections.
6. COST OF INSPECTIONS/RE- INSPECTIONS: The cost of any and all inspections and
re- inspections shall be paid by the Buyer.
7. RISK OF LOSS: Until Closing or transfer of possession, risk of loss to the Property,
ordinary wear and tear accepted, shall be upon Seller. After Closing or transfer of
possession, such risk shall be upon Buyer.
S. ACCEPTANCE OF PROPERTY: Unless otherwise agreed upon in writing, Buyer, by
Closing or taking possession of the Property, shall be deemed to have accepted the Property
in its then condition. No warranties, expressed or implied, by Seller, shall be deemed to
survive the Closing.
9. TITLE /CLOSING: The Closing shall be held on or before November 19, 2008. Possession
shall be transferred AT TIME OF CLOSING. At Closing, Buyer agrees to accept delivery
of a warranty deed to the Property.
No later than ten (10) days prior to the "Closing Date," Seller, at Seller's expense, agrees to
furnish Buyer a current Uniform Commercial Code Search Certificate and abstract of title
prepared by a licensed surveyor, certified to a date at least within 180 days of the "Closing
Date." Buyer shall have ten (10) days after receipt to have Seller's title evidence or title
commitment examined. In the event the title evidence is not made available to Buyer ten
(10) days prior to the "Closing Date," said "Closing Date" may be extended by Buyer up to
ten (10) days from receipt to allow Buyer to examine title evidence. If Buyer determines
that Seller's evidence of title does not meet the standard of marketable title set out in the
Real Estate Title Examination Standards of the Oklahoma Bar Association, Buyer may
cancel and terminate this Contract provided:
A. Buyer agrees to advise the Seller, in writing, detailing Buyer's objection to Seller's
Title, and;
B. Seller agrees to make reasonable efforts to secure and/or execute all documents
necessary to cure title defects identified by Buyer, and;
C. Buyer agrees to delay the "Closing Date" thirty (30) days, or such longer period as
Buyer shall grant in writing, to allow Seller to cure Buyer's objection to Seller's
Title. In the event Seller cures Buyer's objection prior to the delayed "Closing
Date," Buyer's right to terminate shall lapse and Buyer and Seller agree to close
within five (5) days of notice of such cure.
10. TAXES AND PRORATIONS:
A. The Seller shall pay in full: (i) all special assessments against the Property upon the
date of Closing, whether or not payable in installments; (ii) all taxes, other than
general ad valorem taxes for the current calendar year, which are a lien on the
Property upon the date of Closing, including the cost of documentary stamps to be
attached to the Deed; (iii) the cost of any item of workmanship or material
furnished on or prior to the date of Closing which is, or may become, a lien on the
Property.
B. Unless otherwise specified in paragraph 16, the following items shall be prorated
between the Seller and Buyer as of the date of Closing: (i) rents, if any, and (ii)
general ad valorem taxes for the current calendar year, provided, that if the amount
of such taxes has not been fixed, the pro- ration shall be based upon the rate of levy
for the previous calendar year and the most current assessed value available at time
of Closing.
11. BREACH OR FAILURE TO CLOSE: If, after the Seller has performed Seller's
obligations under this Contract, and if, within five (5) days after the date specified for
Closing under Paragraph 10, Buyer fails to make payment or to perform any other
obligations of the Buyer under this Contract, Seller may, at Seller's option, cancel and
terminate this Contract. If the Buyer performs all of the obligations of Buyer, and Seller
breaches this Contract or fails to perform any of Seller's obligations, then Buyer shall be
entitled to either cancel or terminate this Contract.
12. BINDING EFFECT AND ENFORCEMENT: This Contract, when executed by both
Seller and Buyer shall be binding upon and inure to the benefit of Seller and Buyer, their
heirs, legal representatives, successors, and assigns. This Contract sets forth the complete
understanding of Seller and Buyer and supersedes all previous negotiations,
representations, and agreements between them. This Contract can only be amended or
modified by a written agreement signed by Seller and Buyer.
13. EXECUTION AND DELIVERY OF CONTRACT DOCUMENTS,
COUNTERPARTS: The parties agree that the Contract between them shall be evidenced
by a single executed Contract upon which each of them shall place their signatures.
The Buyer and Seller by their signatures below hereby accept delivery of the contract
documents.
APPROVED THIS DAY OF .2008.
SELLER:
OWASSO LAND TRUST, L.L.C.
BUYER:
Stephen Cataudella, Mayor
CITY OF OWASSO
ATTEST:
Sherry Bishop, City Clerk
APPROVED AS TO FORM•
ulie Trout Lombardi, ity Attorney
CONTRACT FOR SALE OF REAL ESTATE
THIS CONTRACT is entered into between THE H. ALLEN AND DORIS L.
ROBINSON REVOCABLE LIVING TRUST (Seller) and CITY OF OWASSO (Buyer). Upon
approval of this Contract by both Seller and Buyer, a valid and binding contract of sale shall
exist, the terms and conditions of which are as follows:
1. SALE: Seller agrees to sell and convey to Buyer, by Warranty Deed, subject only to
reasonable utility easements and building restrictions of record, and Buyer agrees to purchase
the following described real estate (the Property) located in TULSA County, Oklahoma:
PART OF THE W/2 NW /4 SE /4 AND THE W/2 E/2 NW /4 SE /4, SECTION 9,
TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. &M., FURTHER
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE
OF SAID W/2 NW /4 SE /3, SAID POINT BEING 174.5 FEET EAST OF THE
NORTHWEST CORNER THEREOF, THENCE S 0 °00'38" E ALONG THE
EASTERLY RIGHT -OF -WAY LINE OF STATE HIGHWAY 169 A DISTANCE OF
892.35 FEET, THENCE S 2 049'22" E ALONG SAID RIGHT -OF -WAY LINE 428.67
FEET TO A POINT ON THE SOUTH LINE OF SAID W/2 NW /4 SE /4, SAID POINT
BEING 195.59 FEET EAST OF THE SOUTHWEST CORNER THEREOF, THENCE
N 89 059'43" E 796.86 FEET TO THE SOUTHEAST CORNER OF SAID W/2 E/3
NW /4 SE /4, THENCE N 0 °02'35" W 1320.73 FEET TO THE NORTHEAST CORNER
THEREOF, THENCE S 89 °58'43" W 817.14 FEET TO THE POINT OF BEGINNING,
SAID TRACT CONTAINING 24.6 ACRES MORE OR LESS.
LESS AND EXCEPT:
COMMENCING FROM THE SOUTHEAST CORNER OF SAID NW /4 SE /4,
THENCE S 88 044'40" W AND ALONG THE SOUTH LINE OF SAID NW /4 SEA A
DISTANCE OF 330.75 FEET TO THE "POINT OF BEGINNING ", THENCE S
88 044'40" W AND ALONG SAID SOUTH LINE A DISTANCE OF 796.66 FEET TO A
POINT ON THE EASTERLY RIGHT -OF -WAY OF HIGHWAY 169; THENCE N
4 005'39" W AND ALONG SAID EASTERLY RIGHT -OF -WAY A DISTANCE OF
427.45 FEET, THENCE N 1 °18'17" W AND ALONG SAID EASTERLY RIGHT -OF-
WAY A DISTANCE OF 111.57 FEET, THENCE N 88 044'40" E A DISTANCE OF
817.20 FEET TO A POINT ON THE WEST LINE OF THE E/2 E/2 NW /4 SEA,
THENCE S 1 019'57" E AND ALONG SAID WEST LINE A DISTANCE OF 538.50
FEET TO THE "POINT OF BEGINNING" (the "PROPERTY ").
Together with all improvements thereon, if any, in their present condition, ordinary wear and
tear accepted.
2. PURCHASE PRICE: The total purchase price is One Million, Eight Hundred and Eighty -
Nine Thousand, Six Hundred and Thirty -Two Dollars and 80/100 ($1,889,632.80) payable
by Buyer to Seller at the Closing.
3. EFFECTIVE DATE: The effective date of this contract shall be the date upon which it is
signed by both Seller and Buyer.
4. DISCLAIMER, DISCLOSURE, and INSPECTIONS: No representations regarding the
condition of Property, or environmental hazards, are expressed or implied, other than as may
be specified:
A. Flood Notification: Seller shall deliver to Buyer within ten (10) days of the
Effective Date of this contract, notice in writing if Property is located in an area
designated as a flood hazard area as defined by such City and/or County
governmental agency.
B. Inspection Time Period: Buyer shall have ten (10) days from the Effective Date to
perform any of the inspections and investigations set out in 1 through 3 below.
Buyer, at Buyer's expense, shall have the right to enter upon the Property, together
with any other persons, to conduct the following inspections and investigations:
1. Flood, Storm Run off Water, or Storm Sewer Backup or Water History.
2. Environmental Risks, including but not limited to, soil, air, hydrocarbon,
chemical, carbon, asbestos, mold, radon gas, lead -based paint.
3. Psychologically Impacted Property and Megan's Law.
C. Ten 10 Day Cancellation and Release of Contract: If Buyer has any objection to
the Property based on the results and findings of the inspections, Buyer shall have
the right to cancel, and terminate this Contract by delivering written notice stating
the Buyer's objections to the Property to Seller, in which event this Contract shall
be null and void.
5. DELIVERY OF PROPERTY INSPECTION REPORTS AND TEST RESULTS: Upon
receipt by Buyer, Buyer shall deliver to Seller a copy of any and all written inspection
reports obtained by the Buyer pertaining to all portions of the Property which are subject to
Buyer's right of inspections.
6. COST OF INSPECTIONS /RE- INSPECTIONS: The cost of any and all inspections and
re- inspections shall be paid by the Buyer.
7. RISK OF LOSS: Until Closing or transfer of possession, risk of loss to the Property,
ordinary wear and tear accepted, shall be upon Seller. After Closing or transfer of
possession, such risk shall be upon Buyer.
8. ACCEPTANCE OF PROPERTY: Unless otherwise agreed upon in writing, Buyer, by
Closing or taking possession of the Property, shall be deemed to have accepted the Property
in its then condition. No warranties, expressed or implied, by Seller, shall be deemed to
survive the Closing.
N
9. TITLE /CLOSING: The Closing shall be held on or before November 19, 2008. Possession
shall be transferred AT TIME OF CLOSING. At Closing, Buyer agrees to accept delivery
of a warranty deed to the Property.
Not later than ten (10) days prior to the "Closing Date," Seller, at Seller's expense, agrees to
furnish Buyer a current Uniform Commercial Code Search Certificate and abstract of title
prepared by a licensed surveyor, certified to a date at least within 180 days of the "Closing
Date." Buyer shall have ten (10) days after receipt to have Seller's title evidence or title
commitment examined. In the event the title evidence is not made available to Buyer ten
(10) days prior to the "Closing Date," said "Closing Date" may be extended by Buyer up to
ten (10) days from receipt to allow Buyer to examine title evidence. If Buyer determines
that Seller's evidence of title does not meet the standard of marketable title set out in the
Real Estate Title Examination Standards of the Oklahoma Bar Association, Buyer may
cancel and terminate this Contract provided:
A. Buyer agrees to advise the Seller, in writing, detailing Buyer's objection to Seller's
Title, and;
B. Seller agrees to make reasonable efforts to secure and/or execute all documents
necessary to cure title defects identified by Buyer, and;
C. Buyer agrees to delay the "Closing Date" thirty (30) days, or such longer period as
Buyer shall grant in writing, to allow Seller to cure Buyer's objection to Seller's
Title. In the event Seller cures Buyer's objection prior to the delayed "Closing
Date," Buyer's right to terminate shall lapse and Buyer and Seller agree to close
within five (5) days of notice of such cure.
10. TAXES AND PRORATIONS:
A. The Seller shall pay in full: (i) all special assessments against the Property upon the
date of Closing, whether or not payable in installments; (ii) all taxes, other than
general ad valorem taxes for the current calendar year, which are a lien on the
Property upon the date of Closing, including the cost of documentary stamps to be
attached to the Deed; (iii) the cost of any item of workmanship or material
furnished on or prior to the date of Closing which is, or may become, a lien on the
Property.
B. Unless otherwise specified in paragraph 16, the following items shall be prorated
between the Seller and Buyer as of the date of Closing: (i) rents, if any, and (ii)
general ad valorem taxes, recognizing however that the Buyer is not subject to the
payment of ad valorem or other taxes, for the current calendar year, provided, that if
the amount of such taxes has not been fixed, the pro- ration shall be based upon the
rate of levy for the previous calendar year and the most current assessed value
available at time of Closing.
3
11. BREACH OR FAILURE TO CLOSE: If, after the Seller has performed Seller's
obligations under this Contract, and if, within five (5) days after the date specified for
Closing under Paragraph 10, Buyer fails to make payment or to perform any other
obligations of the Buyer under this Contract, Seller may, at Seller's option, cancel and
terminate this Contract. If the Buyer performs all of the obligations of Buyer, and Seller
breaches this Contract or fails to perform any of Seller's obligations, then Buyer shall be
entitled to either cancel or terminate this Contract.
12. BINDING EFFECT AND ENFORCEMENT: This Contract, when executed by both
Seller and Buyer shall be binding upon and inure to the benefit of Seller and Buyer, their
heirs, legal representatives, successors, and assigns. This Contract sets forth the complete
understanding of Seller and Buyer and supersedes all previous negotiations,
representations, and agreements between them. This Contract can only be amended or
modified by a written agreement signed by Seller and Buyer.
13. EXECUTION AND DELIVERY OF CONTRACT DOCUMENTS,
COUNTERPARTS: The parties agree that the Contract between them shall be evidenced
by a single executed Contract upon which each of them shall place their signatures.
The Buyer and Seller by their signatures below hereby accept delivery of the contract
documents.
APPROVED AND EXECUTED THIS DAY OF , 2008.
SELLER:
THE H. ALLEN AND DORIS L. ROBINSON
REVOCABLE LIVING TRUST
TRUSTEE
TRUSTEE
El
BUYER:
CITY OF OWASSO
Stephen Cataudella, Mayor
ATTEST:
Sherry Bishop, City Clerk
APPROVED AS TO FORM:
(1w 6 -c
Julee Lombardi, City Attorney
AGREEMENT
THIS AGREEMENT is entered into this day of November, 2008, by and
between THE CITY OF OWASSO, OKLAHOMA ( "City ") and TULSA TECHNOLOGY
CENTER SCHOOL DISTRICT a /k/a TULSA TECHNOLOGY CENTER ( "School ").
RECITALS:
A. City is under contract to purchase two tracts of real estate immediately adjoining
the site of the School's planned Owasso campus (the "Property ") The Property is more
particularly described on Exhibit "A ", attached hereto and incorporated herein.
B. The School wishes to acquire the Property as an addition to its planned Owasso
campus.
B. City wishes to convey the Property to the School as a gift, as authorized by Okla.
Stat. tit. 11, Sec. 22 -125, and the School District wishes to accept City's gift on the terms and
under the conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, and
intending to be legally bound, the parties agree as follows:
I.
AGREEMENT TO CONVEY REAL PROPERTY AS CHARITABLE CONTRIBUTION
1. City agrees to convey the Property to the School, and the School agrees to accept
such conveyance and acquire the Property from the City. As used herein, the term "Property"
shall be deemed to mean all the real property described herein, including: all of City's interest in
all rights, easements, ways, licenses, permits, warranties or privileges located thereon,
appurtenances thereunto belonging or in any way appertaining thereto or used in connection
therewith.
2. City shall convey to the School marketable title to the Property, free and clear of
all liens and encumbrances, except the following Permitted Encumbrances:
(a) General ad valorem taxes (not special assessments), although
recognizing that the City is not subject to the payment of ad
valorem other taxes,;
(b) Easements, restrictions and rights -of -way, of record; and
(c) City's reversionary interest described herein.
II.
TITLE AND SURVEY
1. Title Commitment. The City shall furnish to the School a commitment to issue
an owner's policy of title insurance on standard ALTA form issued by a title insurance company
reasonably acceptable to the School (the "Title Commitment "). The School's obligation to
accept conveyance of the Property is contingent upon the Title Commitment showing fee simple
record title in the City's grantors, subject only to the Permitted Exceptions. The School's
attorneys shall have fifteen (15) days after receipt of the Title Commitment within which to
examine the Title Commitment and furnish City with written objections to the status of title.
City and the School shall cooperate, using their best efforts, to promptly satisfy all objections to
title and the requirements set forth in the Title Commitment. If, after best efforts, the parties are
unable to cure such title defects, the School shall either (a) accept such title as the City can
convey and close the transaction; or (b) terminate this Agreement and neither of the parties shall
have any further liability to the other.
2. Survey. The School may elect to obtain a current survey of the Property. If such
a survey is obtained, the School's obligation to accept conveyance of the Property is contingent
upon there being no encroachments or protrusions on the Property reflected in the survey and
any easements reflected in the survey not materially interfering with the School's reasonable use
and occupancy of the Property. The Special Warranty Deed to be delivered by the City to the
School at the closing shall recite the legal description of the Property as reflected in the survey.
III.
CLOSING
1. The closing hereunder shall take place at the offices of the title company (or at
such other place as to which City and the School agree). The closing date shall take place on or
about November 19, 2008.
2. At the closing, the following will take place concurrently:
(a) City will execute and deliver an appropriate Special Warranty
Deed ( "SWD ") conveying the Property to the School, subject only to the
Permitted Exceptions.
(b) City, or its grantors, will pay or provide evidence of prior payment
of ad valorem taxes against the Property for 2008 and prior years.
(c) City and its grantors will execute and deliver to the School the
usual non -lien affidavit and such additional documents and instruments which the
School's counsel and City's counsel may mutually determine are necessary or
desirable to the proper consummation of this transaction.
3. The School will pay all costs and expenses of closing including, without
limitation, recording fees, the title insurance premium, costs of obtaining and recording any title
curative documents and survey and abstracting expenses.
IV.
ENTRY UPON AND INSPECTION OF PROPERTY
The School shall have the right from time to time at reasonable times to inspect the
Property prior to closing. City will obtain permission from its grantors to allow third parties
reasonable access to the Property upon the request of the School to examine the Property for the
purposes of making appraisals, inspections or surveys and to conduct, or cause to be conducted,
test borings, soil analysis, topographical surveys and engineering studies. The School agrees to
be responsible for any damages or third -party liability resulting from said inspections and, upon
request, to provide copies of all inspection reports to the City.
V.
ENVIRONMENTAL INSPECTION
1. In addition, and without limiting the School's rights under the preceding Section
IV, the School shall have the right to investigate the Property, at the School's expense, to
determine its environmental condition and to verify the absence of any abandoned and
unplugged or improperly plugged oil or gas wells.
2. The School's environmental inspection, if undertaken, shall be performed by
independent experts and consultants selected by the School. Such investigation may include,
without limitation, document reviews, site inspections, sampling and analysis of soil and ground
water or such other activities as, in the opinion of the expert or consultant performing the
investigation, is necessary to determine the environmental condition of the Property. The results
of the investigation will be provided to City, upon request.
3. The obligation of the School under this Agreement is expressly conditioned upon
the fact that the Property is free from contamination by hazardous or toxic substances (as defined
in CERCLA, 42 U.S.C. §§ 9601, et seq., RCRA, 42 U.S.C. §§ 6901, et seq., or the regulations
implementing these Acts), and that no abandoned and unplugged or improperly plugged oil or
gas wells are located on the Property. Failure of this condition, as determined by the
environmental inspection described herein shall, at the option of the School, result in termination
of this Agreement. This condition shall be deemed satisfied by the School's acceptance of the
SWD at closing or if the School fails to notify City of its intent to terminate this Agreement for
failure of environmental conditions within thirty (30) days after the date hereof.
VI.
PERMITTED USE AND REVERSION
1. The Property shall become a part of the School's new Owasso campus and may
be used solely and exclusively for educational purposes. The School further agrees that, in
recognition of the gift of the Property, the School's new campus shall be identified with the City
through the use of the City's name in the name of the campus. It is understood and agreed that
the School shall construct upon the Owasso campus a joint use facility housing its own
educational programs and, through a lease with Tulsa Community College, a program of
instruction in higher education.
2. Subject to the provisions of Paragraph 3 of this Article VI, the Parties agree that
the City shall retain a right of entry to the Property with the power to terminate the Schools
ownership thereof in the event that (i) the School fails to commence construction of the Owasso
campus (and to diligently pursue completion thereof) within two (2) years after the date of the
conveyance of the Property to the School, or (ii) the School ever ceases to use the Property for
educational purposes including a program of post - secondary instruction. The City's right of entry
shall be exercised by written notice to the School describing the event giving rise thereto and
shall be effective one hundred eighty (180) days after receipt. The SWD delivered to the School
at closing shall convey the Property to the School in fee simple upon condition subsequent
reserving the City's right of entry as described herein.
3. The School shall have the option to purchase or terminate the City's right of entry
at any time before or after notice of exercise by the payment to the City of an amount equal to
the fair market value of the Property, less and except any improvements thereto. In the event
that the parties are unable to agree as to the fair market value of the Property, the value shall be
determined by arbitration in accordance with the rules of the American Arbitration Association.
Each party shall bear their own attorney's fees and expert witness fees and shall share the costs
of the arbitrator.
DATED this day of November, 2008.
CITY OF OWASSO, OKLAHOMA
By:
Name:
Title:
TULSA TECHNOLOGY CENTER SCHOOL
DISTRICT a/k/a TULSA TECHNOLOGY
CENTER
President, Board of Education
EXHIBIT "A"
Legal Description of Property
1" Tract:
PART OF THE W/2 NW /4 SEA AND THE W/2 E/2 NW /4 SEA, SECTION 9,
TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. &M., FURTHER DESCRIBED
AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID W/2
NW /4 SE /3, SAID POINT BEING 174.5 FEET EAST OF THE NORTHWEST CORNER
THEREOF, THENCE S 0 000'38" E ALONG THE EASTERLY RIGHT -OF -WAY LINE
OF STATE HIGHWAY 169 A DISTANCE OF 892.35 FEET, THENCE S 2 049'22" E
ALONG SAID RIGHT -OF -WAY LINE 428.67 FEET TO A POINT ON THE SOUTH
LINE OF SAID W/2 NW /4 SEA, SAID POINT BEING 195.59 FEET EAST OF THE
SOUTHWEST CORNER THEREOF, THENCE N 89 059'43" E 796.86 FEET TO THE
SOUTHEAST CORNER OF SAID W/2 E/3 NW /4 SE /4, THENCE N 0 002'35" W 1320.73
FEET TO THE NORTHEAST CORNER THEREOF, THENCE S 89 058'43" W 817.14
FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINING 24.6 ACRES
MORE OR LESS.
LESS AND EXCEPT:
COMMENCING FROM THE SOUTHEAST CORNER OF SAID NW /4 SE /4, THENCE S
88 044'40" W AND ALONG THE SOUTH LINE OF SAID NW /4 SE /4 A DISTANCE OF
330.75 FEET TO THE "POINT OF BEGINNING ", THENCE S 88 044'40" W AND
ALONG SAID SOUTH LINE A DISTANCE OF 796.66 FEET TO A POINT ON THE
EASTERLY RIGHT -OF -WAY OF HIGHWAY 169; THENCE N 4 005139" W AND
ALONG SAID EASTERLY RIGHT -OF -WAY A DISTANCE OF 427.45 FEET, THENCE
N 1 018'17" W AND ALONG SAID EASTERLY RIGHT -OF -WAY A DISTANCE OF
111.57 FEET, THENCE N 88 044'40" E A DISTANCE OF 817.20 FEET TO A POINT ON
THE WEST LINE OF THE E/2 E/2 NW /4 SEA, THENCE S 1 019'57" E AND ALONG
SAID WEST LINE A DISTANCE OF 538.50 FEET TO THE "POINT OF BEGINNING"
(the "PROPERTY ").
2 "d Tract:
A TRACT OF LAND SITUATED IN THE N/2 OF THE SE /4 OF SECTION 9,
TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. &M., TULSA COUNTY,
STATE OF OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING FROM THE NE /4 CORNER OF SAID N/2 SEA; THENCE
S 88 044'39" W AND ALONG THE NORTH LINE OF SAID N/2 SEA A DISTANCE OF
1057.71 FEET TO THE "POINT OF BEGINNING "; THENCE S 1 120'48" E A
DISTANCE OF 780.77 FEET; THENCE S 88 044'40" W TO A POINT ON THE WEST
LINE OF E/2 E/2 NW /4 SEA A DISTANCE OF 594.62 FEET; THENCE N 1019'57" W
TO A POINT ON THE NORTH LINE OF THE N/2 SE/4 A DISTANCE OF 780.77 FEET;
THENCE N 88 044'39" E AND ALONG SAID NORTH LINE OF SAID N/2 SE /4 A
DISTANCE OF 594.43 FEET TO THE POINT OF BEGINNING.
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111 N. Main Street
P.O. Box 180
Owasso, OK 74055
918.376.1500
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: MICHELE DEMPSTER
HUMAN RESOURCE DIRECTOR
SUBJECT: CITY MANAGER CONTRACT
DATE: November 13, 2008
BACKGROUND:
The current contract for personal services between the City of Owasso and Rodney J. Ray was
approved in December 2004. Subsequently, the First Amendment to the Employment Agreement
was executed by the City and Mr. Ray on December 20, 2005. The only change to the original
contract was the amount of compensation to be paid to Mr. Ray in 2006. The Second
Amendment was for 2007 and 2008. Once again the only change to the original contract was the
amount of compensation to be paid to Mr. Ray in 2007 and 2008.
The proposed Third Amendment to the original contract is effective December 1, 2008 through
November 30, 2010. Mr. Ray has informed me that this proposed Amendment reflects the newly
negotiated terms to his contract. Specifically, the changes made within this amendment are the
effective dates and the establishment of an additional deferred compensation. The proposed
Amendment would be effective for two years beginning on December 1, 2008 and ending on
November 30, 2010. Deferred Compensation Section 4 -A of the proposed Amendment remains
unchanged. Section 4 -B of the proposed Amendment establishes a deferred compensation in the
amount of $25,000 per year, vested and payable upon termination of employment after
December 31, 2013. The deferred compensation would not be due if Council terminates Mr.
Ray's employment for just cause or if Mr. Ray resigns prior to December 31, 2013. Exceptions
to the non - payment clause would be if Mr. Ray would become disabled and unable to work or
deceased prior to December 31, 2013. Should either of these events transpire Mr. Ray or his
surviving spouseibeneficiary would receive the accumulated deferred compensation as of the
date of the disability or death. Base annual compensation remains unchanged in the proposed
agreement. If the agreement is approved as presented, Mr. Ray's compensation for December 1,
2008 through November 30, 2010 would continue to be $120,146 annually. These are the only
changes to the original contract.
1
RECOMMENDATION:
Presented for your consideration is Amendment Number Three to the original employment
contract. The City Attorney has reviewed and approved the original contract and the proposed
amendment.
M