HomeMy WebLinkAbout1995.03.21_City Council Agenda
PUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
'' TYPE OF MEETING: Regular
,~ DATE: March 21, 1995
TIME: 7:00 p. m.
PLACE: Council Chambers, Owasso Community Center
Notice and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin
board at 4:00 p. m. on Friday, March 17, 1995.
Marcia outwell, City C erk
AGENDA
1. Call to Order
2. Invocation
Rev Michael Asher, Pastor
First United Methodist Church, Owasso
3. Flag Salute
4. Roll Call
5. Presentation of Certificate of Recognition.
Mayor Duke
i~
Owasso City Council
March 21, 1995
Page 2
6. Recognition of Outstanding Employees.
Mayor Duke
Mr Ray
7. Request Approval of the Minutes of March 7, 1995 Regular Meeting.
Attachment #7
8. Request Approval of Claims.
Attachment #8
9. Consideration and Appropriate Action Relating to a Request by the IAFF to Reopen
Contract Negotiations with the City for Fiscal Year 1994-95.
Mr Sole, President IAFF
Attachment #9
The IAFF has requested an opportunity to address the City Council for the purpose of
seeking a reopening of negotiations for the current contract year.
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~ Owasso City Council
March 21, 1995
~ Page 3
10. Consideration and Appropriate Action Relating to OZ-95-O1, a Request to Rezone an 8.86
Acre Tract of Land from AG (Agriculture) to CG (Commercial General) and OM (Office
Medium), Such Property Located West of Three Lakes III Addition and North of Owasso
Wal-Mart.
Mr .Rooney
Attachment #10
Staff will recommend Council approval of CG and OM zoning of the 8.86 acre tract,
pursuant to a recommendation from the Owasso Planning Commission.
11. Consideration and Appropriate Action Relating to Ordinance #495, an Ordinance Providing
for the Annexation of Approximately 126 Acres Located at the Southeast Corner of East
96th Street North and Garnett Road (Mr & Mrs Hayward Smith, Petitioners).
Mr Rooney
Attachment #11
Staff will recommend Council approval of Ordinance #495 and the annexation of the subject
tract.
12. Consideration and Appropriate Action Relating to an Offer to Purchase Property Owned by
City/OPWA.
Mr Ray
Attachment #12
Staff will present a report to the Council that includes an offer to purchase 1'/z acres of
property on Fifth Ave for location of a manufacturing facility. Additionally, the staff will
recommend Council action to authorize the City Manager to offer a counter proposal and
contract to the potential buyer, and to proceed with the surveying of the property.
Owasso City Council
March 21, 1995
Page 4
13. Consideration and Appropriate Action Relating to a Request for Council Authorization for
the City Attorney to File a Disclaimer of Interest in the Matter of the United States of ~
America vs R L "Pete" Perry, et al.
Mr Cates
Attachment #13
Staff will recommend that the City Council authorize the City Attorney to file a Disclaimer
of Interest in the legal proceeding between the two parties.
14. Consideration and Appropriate Action Relating to an Agreement for Services Between the
City of Owasso and INCOG. -~
Mr Ray
Attachment #14
Staff will recommend Council approval of an agreement for services in the amount of $8569 '
to INCOG for the purpose of providing administration of the CDBG National Steak &
Poultry grant; and that the Mayor be authorized to execute such agreement. ~
15. Consideration and Appropriate Action Relating to an Agreement for Administrative Services
Between the City of Owasso and INCOG.
Mr Ray
Attachment #15
Staff will recommend Council approval of an agreement for services in the amount of $8600 '
to INCOG for the purpose of providing administration of the CDBG Sewer Rehabilitation
grant; and that the Mayor be authorized to execute such agreement. ~
Owasso City Council
March 21, 1995
Page 5
16. Consideration and Appropriate Action Relating to a Request for Final Acceptance of Work
Performed Under a Contract for 76th Street North Phase II Improvements, Between the City
of Owasso and Empire Construction & Materials Inc; and Between the City of Owasso and
Apac-Oklahoma Inc, and Authorization for Final Payment and Release of Retainage to the
Contractors.
Mr Ray
Attachment #16
Staff will recommend Council acceptance of the work performed under the contracts, and
that final payment be authorized to include any retainage held by the City.
17. Consideration and Appropriate Action Relating to a Request to Designate the Mayor as the
City's Certifying Officer as Provided for by the National Environmental Policy Act of 1969
for the Purpose of Signing Certain Documents to Complete the Requirements of the NSP
CDBG ED Project.
Mr Ray
Attachment #17
Staff will recommend that the Council designate the Mayor as the City's certifying official
for documents required by the CDBG grant and authorized by the Council.
18. Consideration and Appropriate Action Relating to a Request that a Finding of "No
Significant Impact on the Environment" Will Occur as a Result of the NSP CDBG ED
Project.
Mr Ray
See Attachment #17
Staff will recommend that the Council approve the INCOG report and finding of no
' significant impact on the environment as a result of the NSP project and that the Mayor be
authorized to execute such document.
Owasso City Council
March 21, 1995
Page 6
19. Consideration and Appropriate Action Relating to a Request for a Finding by the City
Council that Administrative and Engineering Services Relating to NSP CDBG ED Project ~
are Exempted from the Requirements of the National Environmental Policy Act of 1969
Due to the Nature of These Activities and in Accordance with " 24 CFR, Part 58".
Mr Ray
See Attachment #17 .,r
Staff will recommend Council approval of an exemption of Administrative and Engineering
services from the requirements of an environmental impact study and that the Mayor be
authorized to certify such exemption.
20. Consideration and Appropriate Action Relating to a Request for Council Authorization for '~1
the Mayor to Execute an Environmental Certificate for NSP CDBG ED Project.
Mr Ray
See Attachment #17
Staff will recommend that the City Council authorize the Mayor to sign the Environmental
Certificate as required by the grant conditions. .,
21. Consideration and Appropriate Action Relating to a Request for City Council Approval of
a "Request for the Release of Funds", and that the Mayor be Authorized to Execute Such
Documents as Required to Gain a Release of Funds for NSP CDBG ED Project.
Mr Ray
See Attachment #17
Staff will recommend that the Council authorize the Mayor to execute a "Release of Funds
Request" as required by grant conditions.
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Owasso City Council
March 21, 1995
Page 7
22. Consideration and Appropriate Action Relating to a Request for Council Approval of an
' "Antidisplacement Plan" for NSP CDBG ED Project.
Mr Ray
_ See Attachment #17
Staff will recommend Council adoption of an Antidisplacement Plan for the NSP project,
and that the Mayor be authorized to execute such plan document.
23. Consideration and Appropriate Action Relating to a Request for Council Approval of a
"Management Plan" for NSP CDBG ED Project.
Mr Ray
See Attachment #17
' Staff will recommend Council approval of the required Management Plan and that the
Mayor be authorized to execute documents relating to that plan.
24. Consideration and Appropriate Action Relating to the Purchase of Materials for the
Installation of Water and Wastewater Lines at the Sports Park.
Mr Rooney
Attachment #24
' ~ 8 32.8'R
Staff will recommend Council approval of the expenditure of $~63-96 for the purchase of
materials for the water line and $1544.24 for the purchase of materials for the wastewater
line, both to Water Products, Owasso, Oklahoma.
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Owasso City Council i
March 21, 1995
Page 8 "'~
25. Report from City Manager
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26. Report from City Attorney
27. Reports from City Councilors
28. Unfinished Business
29. New Business
30. Adjournment
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, March 7, 1995
The Owasso City Council met in regular session on Tuesday, March 7, 1995 in the Council
Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda
posted on the City Hall bulletin board at 4:00 p. m. on Friday, March 3, 1995.
Vr ITEM 1: CALL TO ORDER
Mayor Duke called the meeting to order at 7:02 p, m.
ITEM 2: INVOCATION
The invocation was given by Susie Theriault of the Public Works Department.
ITEM 3: FLAG SALUTE
The flag salute was led by Mayor Duke.
ITEM 4: ROLL CALL
PRESENT
Jerry Duke, Mayor
' Charles Bums, Vice Mayor
Mary Lou Barnhouse, Councilor
Danny Ewing, Councilor
STAFF
Rodney J Ray, City Manager
~ Marcia Boutwell, City Clerk
ABSENT
Joe Ramey, Councilor
Ronald D Cates, City Attorney
A quorum was declared present.
ITEM 5: PRESENTATION OF CERTIFICATE OF RECOGNITION.
~ Mayor Duke read a statement about Officer Mike Kennedy concerning a rescue he made of a
family trapped in a vehicle that was upside down in water. The Mayor and Council then
presented Officer Kennedy with a Certificate of Appreciation in recognition of his act.
ITEM 6: QUEST APPROVAL OF THE MINUTES OF FEBRUARY 21, 1995
REGULAR MEETING.
Mr Bums moved, seconded by Ms Barnhouse, to approve the minutes as submitted, by
reference made a part hereto.
Owasso City Council
AYE: Burns, Barnhouse, Ewing, Duke
NAY: None
Motion carried 4-0.
ITEM 7: REQUEST APPROVAL OF THE CLAIMS
The Council questioned some of the claims listed under the City Garage. A request was made
that purchase order numbers 951540, 951611, 951623, and 951636 be removed from the claims
list and more detail be provided on the items included on those purchase orders before action
is taken for their approval. Mr Bums moved, seconded by Mayor Duke, that the following
claims be approved, with the requested claims removed: (1) General Fund $29.354.71; (2)
Workers Comp Self-Insurance $3,118.90; (3) Ambulance Service Fund $2,070.03; (4) E-911
$1,673.42; (5) City Garage $1,705.70; (6) Capital Improvements $25,369.11; (7) Interfund
Transfers $72,158.33; (8) General Fund Payroll $97,761.62; (9) City Garage Payroll $2,715.27.
AYE: Burns, Duke, Ewing, Barnhouse
NAY: None
Motion carried 4-0.
ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR APPROVAL OF A FINAL PLAT FOR FLEMING CENTER
AN ADDITION TO THE CITY OF OWASSO LOCATED ON THE
SOUTHEAST CORNER OF EAST 76TH STREET NORTH AND OWASSO
EXPRESSWAY, CONTAINING 3 1004 ACRES
The Technical Advisory Committee approved the final plat for Fleming Center on January 4,
1995, with the inclusion of a 17.5' utility easement along the west and north property lines. The
Planning Commission approved the plat on January 10. The property is located at the southeast
corner of East 76th St N and Owasso Expressway and is the site of the proposed Wendy's
restaurant. Mr Burns moved to approve the final plat for Fleming Center. Motion seconded
by Mr Ewing.
AYE: Burns, Ewing, Barnhouse, Duke
NAY: None
Motion carried 4-0.
March 7, 1995 '
2
Owasso City Council March 7, 1995
ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR THE EXPENDITURE OF FUNDS TO REPAIR A HEATING
AND AIR CONDITIONING UNIT AT THE COMMUNITY CENTER.
A crack has been discovered in the heat exchanger of the heat and air unit servicing the "quilting
room" . A replacement exchanger was located at a cost of approximately $1500, compared to
anew unit cost of $6000. Because the room cannot be used until the exchanger is replaced, and
because of a concern about availability of parts, Mr McElrath authorized Dale and Lee's to
order the part and make the repairs, which should be completed by March 8. The Community
Center Fund has adequate money to cover the cost of the repair. Mr Bums moved, seconded
by Mr Ewing, to approve the expenditure of $1500 for repair of the heat and air unit as
requested.
AYE: Burns, Ewing, Barnhouse, Duke
NAY: None
Motion carried 4-0.
ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR THE EXPENDITURE OF FUNDS FOR IMPROVEMENTS TO
THE OWASSO SPORTS PARK.
On January 3, 1995 the Council approved an amendment to the Capital Improvements Fund
increasing the Sports Park appropriation by $25,000 in order to complete Phase II, which
includes improvements to the softball four-plex. In an effort to get the four-plex ready for play
by the beginning of the season, staff solicited bids for three items and the bid opening was held
on March 3. Bids were received from three vendors for eight sets of bleachers, from two
vendors for dirt for the infields, and from three vendors for grass seed. Staff recommended
acceptance of the following bids to complete the Phase II improvements to the Sports Park:
- $6200 to Miracle Recreation Equipment of Sand Springs for eight sets of bleachers;
- $4018 to Dan Thirion Trucking of Owasso for 492 yards of topsoil (this was not the
low bid, but was chosen because there was very little difference in the two bids and Thirion is
a local vendor;
- $965 to Holman Seed Farms of Collinsville for grass seed.
Mr Burns moved, seconded by Mr Ewing, to approve the staff recommendation for Sports Park
improvements.
AYE: Burns, Ewing, Barnhouse, Duke
NAY: None
Motion carried 4-0.
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Owasso City Council
March 7, 1995
ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR RENEWAL OF MUTUAL AID FIREFIGHTING
AGREEMENTS BETWEEN THE CITY OF OWASSO AND SURROUNDING
AREAS.
Chief Allen stated that all the surrounding fire departments depend on mutual aid to provide fire
fighting resources on a routine or major emergency. The Owasso Fire Department has utilized
mutual aid for several years. Response to requests for assistance are the sole judgement of the
fire chief or officer in charge. Although the agreements remain in effect on a year-to-year basis
for an indefinite term until terminated by either party, the agreements have been in force for
several years and are simply being updated at this time. Mr Burns moved to approve the
Mutual Aid Agreements with Tulsa, Sperry, Turley, Skiatook, Collinsville City, Collinsville
Rural, Limestone, Northwest Fire Protection District, and Verdigris. Motion seconded by
Ms Barnhouse.
AYE: Burns, Barnhouse, Ewing, Duke
NAY: None
Motion carried 4-0.
ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR RENEWAL OF THE E-911 INTERLOCAL AGREEMENT
The interlocal agreement for E-911 was entered into on January 17, 1989, and must be renewed
annually prior to May 1 in order for the City to impose the surcharge on citizens' phone bills.
Mayor Duke moved, seconded by Ms Barnhouse to approve the Notice of Renewal of Interlocal
Agreement.
AYE: Duke, Barnhouse, Ewing, Bums
NAY:
Motion carried 4-0.
ITEM 13: REPORT TO THE CITY COUNCIL RELATING TO THE FY 1994-95
BUDGET AND THE IMPACT OF AN ANTICIPATED REVENUE
SHORTFALL.
Mr Ray reported to the Council on a projected shortfall in revenues for FY 1994-95. He also
discussed actions that can be taken to address the shortfall. Such actions would include using
$50,000 of the City's General Fund rainy day fund, transferring an additional $50,000 from the
OPWA rainy day reserves to the General Fund, and reducing spending levels in all departments
4
Owasso City Council March 7, 1995
to save $78,000 by the end of the fiscal year. No action was required by the Council. The use
of the rainy day fund will occur automatically when revenues don't exceed expenditures.
ITEM 14: REPORT FROM CITY MANAGER
No report.
ITEM 15: REPORT FROM CITY ATTORNEY
No report.
ITEM 16: REPORTS FROM CITY COUNCII.ORS
Mayor Duke reported on a special ceremony where Officer Doug Driver received an award from
First Lady Cathy Keating. The award was for Traffic Safety Education and was presented to
Officer Driver for his efforts to curb drinking and driving.
ITEM 17: UNFINISHED BUSINESS
None.
ITEM 18: NEW BUSINESS
None.
ITEM 19: ADJOURNMENT
Mr Bums moved, seconded by Ms Barnhouse to adjourn.
AYE: Bums, Barnhouse, Ewing, Duke
NAY: None
Motion carried 4-0 and the meeting was adjourned at 8:27 p.m.
Jerry Duke, Mayor
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Marcia Boutwell, City Clerk
5
CITY dF duASSd
GENERAL FCTND
$,'16/95 16:55:19 A!P CLAIMS P.EPORT AFAPVR PP.GE:
Pd # VENDdR DESCRIFTIdti AMOUNT
---------- ------------------------- ------------------------- -------------
MANAGERIAL
------------------------------
951613 LdY'S PHOTOGRAPHY
951?28 TREAST?RER PETTY GASH
g51?28 TREASUPER PETTY CASH
951?28 TREASUPER PETTY GASH
951?28 TPEASURER PETTY CASH
951?63 CELLULAR dNE-TULSA
?51??5 t+1dTd FHOTd
951866 Gd SYSTEMS
DEPAP,TI~IENT TOTAL =___?
FINANCE
------------------------------
PHOTd ENLARGEMENT 1~G,GG
REIMB PETTY GASH S.GG
REIMB PETTY CASH 5.39
RE IMB.!EXPEPiSES 5? . 51
P.EIMB PETTY GASH 46.29
2/95 USE 162.?8
PHOTd EHLAP,GEMENT 25.86
2./95 FUEL 59.25
54~.G2
956623 CPS BTISINESS, IPiC. LICEPiSE FEES 21?.GG
951661 dFFIGE DEPOT CARD PLP.Pd dFFICE SUPPLIES ?1.92
951?28 TREASCRER PETTY CASH REIMB PETTY CASH 5.60
951802 ALTE7~ ELEGTRd?JIGS EMERGENCY PdWER SCTPPLY 511.11
DEPARTMENT TOTAL =___~~ 865.63
GdMMUNITY DEVELOPMENT
------------------------------
456622 MGCAU COMMUNIGATIdNS USAGE 28,24
9566.'2 MGCAW CdMMCTPdIGATIONS USAGE 14.95
956628 TULSA CdUPiTi' MIS DIAL UP SEP,VICE 46.66
951661 dFFIGE DEPOT CARD PLAPi dFFIGE SUPPLIES 94.88
951?G? NCPCCI CERTIFIGATIdN TEST 135.66
951?28 TP.EASCTRER PETTY GASH REIMB PETTY GASH S.GG
951?28 TREASURER PETTY CASH REIMB PETTY CASH 2~~.11
451?28 TREASUREP. PETTY CASH REIMB PETTY CASH 4.?4
951866 Gd SYSTEMS £: 95 FCTEL 134, 18
DEPARTMENT TOTAL =___') =I8G.10
M~1HICIPAL GdTJRT
------------------------------
951?ri% CLEO GARBEE SUPPLIES/VIP 69.x3
DEPARTIrtEAIT TOTAL =___. 6'.4'3
'~
ENGINEERIPdG
------------------------------
CITY OF OWASSO
GE2dERAL FUND
3!1695 16:55:19 P.%P CLAIMS REPORT APAPVR PAGE;
PO # VENUOR DESCRIPTION AMOCTNT
---------- ------------------------- ------------------------- -------------
9515?5 HIMBALL ACE HAP.DWARE SUPPLIES 2,24
9;1800 GO SYSTEMS 2/95 F?TEL 38.16
DEPARTMENT TOTAL =___, 4Ci,4~;
GENEP,AL GOVER2~MENT
------------------------------
950010 US POSTMASTER METER POSTAGE 1,000,00
95000 RD2iALU D CATES RETAINER ?40,C~0
95000 P.ONALU D CATES SERVICES 150,00
950022 MCGAW COMMUNICATIONS USAGE 14
5
951061 OFFICE DEPOT CARD FLAN SUPPLIES .
?11.80
951504 RETHEP.FORD PLTBLIGATIONS LEGAL NOTICES 190.99
951540 SAM'S GLtTB OFFICE SUPPLIES 133.88
951?28 TREASURER PETTY CASH REIMS PETTY CASH 1,62
951?28 TREASURER PETTY CASH REIMB PETTY GP.SH ,~3
951?28 TREASURER PETTY CASH REIMB PETTY GASH 5,00
951?63 CELLULAR O2IE-TtTLSA 2/95 USE 50.80
951?68 RETHEP.FOP.L:~ PLTBLIGATIONS LEGAL NOTICE 125.93
951?:'0 RETHERFORD PCTBLICATION~_ LEGAL NOTICES 105,0,;
951??i MIRES; CORP COPIEP, MAI2dT ?32
22
951?'?4 OML DUES ,
200.00
951?91 TPEASURER PETTY CASH REIMB%DOG MEALS i63.D?
951?93 VI2dES MINI-STORAGE STORAGE RENT 480,00
x+51?94 HOWARD STAMPER ECtUIPMENT REMOVAL 200,00
951800 GO S`iSTEMS 2/95 FTiEL 152.09
951805 BUILDER'S SOLTARE HA2dL'~ICAP SIGNS 24,04
DEPARTMENT TOTAL =___) 4,142,58
MP.I2dTENANGE
------------------------------
95nn22 MCCAW COMMUNICATIONS USAGE -5.05
951540 SAM`S CLUB SLTPFLIES 31.2E
9516?2 TAYLOE PAPER CO MAINT SUPPLIES 4.3?.84
951?28 TREASURER PETTY CASH REIMB PETTY GASH 16.;33
9`1815 DALE ~~ LEE SERVICE HEATER REPAIR 32•,5,88
DEPARTMENT TOTAL =___: 80?.2:'
CEMETERY
------------------------------
4
a` 1 S i ~ !=ROe~1 B?TRLIN~3AttE FARTS _ , 83
CITY OF OWASSO
GENERAL FUND
311619` 16:55:19 A1P CLAIMS REPORT APAPVR PAGE:
Pd # V£HDOP. DESCRIPTIOIi A14OUNT
---------- ------------------------- ------------------------- -------------
951575 KIMBALL ACE HARDWARE SCTPFLIES
951781 STANDARD AUTO SCTPFLY PARTS
951844 GO S`ISTEMS 2195 FUEL
DEPARTMEIT TOTAL =___?
POLICE SERVICES
------------------------------
I~
950478 MCCAW COMMUIICATIONS
951461 OFFICE DEPOT CARL? PLAIT
9~ 1644 CELLULAP. ONE-TCTLSA
951741 FATP,OL TECHNOLOG'r
9`172° TP,EASURER PETTY CASH
95173.1 UTICA PARK CLINIC
951749 OWASSO VET HOSPITAL
951754 WAL-MP.RT
951544 GO SYSTEMS
DEPARTMENT TOTAL =___?
POLICE COMMUNICATIONS
------------------------------
954452 DEPT OF FTJBLIC SAFETY
DEPARTMENT TOTAL =___'
P.I3II4P.L C:!?tiTROL
------------------------------
PAGER RENTAL
OFFICE SUPPLIES
1195 tiSE
UNIFORM SUPPLIES
REIMB PETTY CASH
HEF B VAG
biEDICIIiE1NICH
Ah1MUIiITIOIi-BID 2l~'1195
2195 FCTEL
OLETS REIiT
951714 DOPIER PRINTIIiG PRINTIPiG
951844 GO SYSTEMS 2195 FUEL
DEPARTMENT TOTAL =___?
FIRE SEFIVCES
------------------------------
95CIi).i5 MCCAW COMI~1UIdIGATIONS USAGE
9545`7 CELLULAR ONE-TCTLSA CTSAGE
`~5i~ha4 ItiUEPEIiDAI3T TESTIIiG LABS LADDER TESTING
9.`_:1681 HEIMAIi FIRE E?UIPMEHT IIiC SAFETY E~aUIPMEtiT1ENG 82
951728 TREASCTRER PETTY ~:A'=H FEIi~tB PETTY CASH
?517?? E`'E INC. SUPPLIES
,95
5V.18
'32.44
143.29
112.45
1.34,53
21.54
299.44
4.58
84.44
64,41
1,494,9n
1,402.76
3,512,73
°5[j.04
.?5[t,44
~~,[1t1
38,55
.55
29.94
44,44
455.54
6,34 , ,'?
2.99
14'~ .39
C
CITY dF dWAS~d
GEPIERAL FUPiD
?`18!95 18:55:19 A!P r_:LAIM~ REPORT APAPVR PP.~E:
P4 # VEIIDOP. DESCRIPTIdtI AMdtJPIT
---------- ------------------------- ------------------------- -------------
951738 BILLS CdMMCriiICATIdHS RAUId REPAIR ;
314.3i
951741 BAILEY E~;~UIPMEI~IT PCTMP!SC3UAD 1 _
994,3?
951747 P,ADId IIIG EC~UIPMEPIT?EI3C; 82 347,64
9518010 Gd SYSTEMS 3/95 F[)EL 330;.39
DEPARTMENT TOTAL =___~ 3,382.41
CIVIL DEFEPISE
------------------------------
951792 TULSA AREA EMERt~EPiCY MC;MT DUE= ~Oz,,On
UEPARTMElIT TOTAL =___% 300,00
STREETS
------------------------------
9`00?3 MCGAW CdAtPit1PIICATIOPdS [rSAGE 14.95
950;827 PSd STREET LIGHTIP;C; 1,4~5,>~4
951061 nFFICE DEPOT CARD PLAPd OFFICE SUPPLIES 9,98
951493 C;REEP1 GdCTPITP,`I dCFTDddR ECatJ WEEDEATER PARTc 9~~,?3
95151.9 CROW BCiRLI2IGAME PARTS 1`,86
951519 CRdW BURLIPiGAME PARTS 24.11
951`40 SAM'S CLCiB SUPPLIER 3;,32
?515?` KIMBALL ACE HARDWAP,E SCiPPLIES 54,91
G51r~f? A?ICHdR STd1~E CQ CRCTSHER RCTPd 53,9
951668 ECtUIPMEHT dPiE REPdTAL ~~ SA VIBRATORY BANNER-2!7,'95 2,313,?5
951692 E?tLOW FdRU TRACTOR, IPtC HYURACjLIC SEALS ?7,33
951728 TREASUP.ER PETTY CASH REIMS PETTY CASH 20.19
51730 WELSCd IHC d~:YGEP;/ACETYLEI~IE 1!i5.0;4
951800 Gd S`rSTEMS 2/95 FC1EL 256.13
UEPP.F,TME?IT TOTAL =___:? 5,:6'2,98
RECREATIOPI CEPiTEP,
------------------------------
951728 TREASCiRER PETTY CASH REIMS PETTY CASH :i.85
951800 Gd SYSTEMS 2/95 FUEL 9.13
L?EPARTMEPdT TC!TAL. _ _ _ _ . 1 ~2 , 4 g
CC}MMUPIITY CEPITER
------------------------------
9510,1 nFFIC:E UEFOT CAPL? PLAFI OFFICE St?PFLIES 1'2.34
CITY OF OkiASSO
GENERAL FUND
3!ih!95 1h:55;19 A!P CLAIMS REPORT APAPVR PAGE:
P4 #
---------- VENDOR
------------------------ DESCRIPTION
- -------------------- AMOUPiT
----- -------------
951540 SAM'S GL?1B SUPPLIES 42.0
951728 TREASURER PETTY CASH REIMB PETTY CASH 6.?4
951800 GO SYSTEMS 2:l95 FUEL 31.b2
DEPARTMENT TOTAL =___:= 93. j0
PARK MAINTEtdAt€GE
9500'2 MGCAt~t GOMM?JNIGATIONS USAGE 14.95
950204 CINTAS CORP. TJNIFORM RENT'GLEAN b8.50
951?28 TREASURER PETTY CASH REIMS PETTY CASH 11.30
951730 GEARY REM~DELINC~ SIGN 150.00
951800 GO SYSTEMS 2!95 FUEL 102.b4
DEPARTMENT TOTAL =___. 347.39
ECONOMIC DEVELOPMENT
------------------------------
9`1728 TP,EAS?JP,ER PETTY GASH REIMB PETTY CASH 10.47
9517'8 TREASURER PETTY CASH REIMB PETTY CASH 4.95
DEFARTME?iT TOTAL =___. 10.42
FtTND TOTAL =___:~ 20,745.03
CITY C)F C?~:A'~SC)
GGMM??iIITY CEi~TER
8-`16:x95 1-,:65:19 A!P CLAIi1'=: REPC)RT APAF'VR PAGE:
PD # VEi€LfGR DESCRIPTIOII AMC3UTIT
---------- ------------------------- ------------------------- -------------
CC?MMUi~ITY CEiiTER
------------------------------
951c~I5 DALE ~~ LEE GERVICE
DEPARTMEIIT TOTAL =___)
F?_?i~I'7 TOTAL = _ _ _
IidSTALL HT EACH-3!?:'95 1,25~.OC1
1.~5~.nn
1,25~.G4
4
'~~
C.I T t QF CIWASSC)
AMBtLANCE ~ERVIGE FUpiD
3/lh!?` 1h:55:19 A!P CLAIMS kEPDRT APAPVR PACE:
PC) # VEpiDCIR DE3rkIPTIJAI AMClUNT
---------- ------------------------- ------------------------- -------------
AI~1BLiLApiCE
------------------------------
x'`0`49 MEDICAL GOMPLIAtis_E SPECIA SUPPLIES 30.00
4~~`1`5? CELLULAR OpiE-TULSA USP.CE 40.10
95111 MEDICLAIMS, INC. AMBULANCE BILLING' 9??.39
?51h9~ HATIOpiAL kEGISTRY t1F EMT' EMT RECERTIFICATION i~.00
9`1?29 PHYSIC? GOpiTROL EMS EOUIFMEpiT 1?1.8L
951?4n ALLIApiCE MEDICP.L, IpiC. SUPPLIES/AMBULANCE 309.1h
DEPARTMENT TOTAL =___> 1,hi3.53
FUND TOTAL =___.~ 1,h13.53
CITY C?F C~WA.SSC)
E - 911
3!lh!95 15; " ;19 A/P CLAIM^ P.EPORT APAPVR PArE:
PC? # VEtiDC?R Z~ESCP.IPTIC1Pi AMC)U~IT
---------- ------------------------- ------------------------- -------------
PCL I CE CC~MMU?i I CAT I C)IiS
------------------------------
95GQQh SC]UTHWESTERti FELL TELE. E-911 l,b$h.73
L~EPARTMEiiT TLITAL =___} l,b$b.7i
F[Ttit} Tt7TAL =___? 1,b$b.73
CITY OF O4?ASSO
CITY GAP.AGE
3'ib/95 16:55:19 A!P CLAIMS REPORT APAPVR PAGE:
PQ # VENDOR DESCRIPTION P.MO[_Tt3T
---------- ------------------------- ------------------------- -------------
CITY GP.RAGE
------------------------------
9510bi OFFICE DEPOT CP.RD PLAN OFFICE SUPPLIES
951717 EXIDE, CORP FARTS
?51540 SAM`S CL(IB SUPPLIES
951540 SAM'S CLUB WHEEL DOLLY
951603 CP.OW BttRLINGAME PARTS
951611 TULSA BRAKE AHD CLtiTCH BRAKE 5HOE RELINED
951677 WELSCO INC OXYGEN/ACETYLENE
951623 WILLIAMS REFUSE E~3UIPMEHT PARTS/REFUSE TRUCK
951636 WILLIAMS REFUSE EQUIPMENT PARTS!REFUSE TRUCK
951778 TREASTiRER PETTY CASH REIMB PETTY CASH
95175b OWASSO GLASS WIPdDSHIELD
951757 DOPIER PRINTING VEHICLE MAIPiT CARDS
951807 PART'S PL?-S PARTS
DEFARTMENT TOTAL =___)
FUND TOTAL ====i
GRAiiD TOTAL =___?
17.36
147.9b
23.58
398.95
488.76
96.14
37.80
877.38
514.b0
44.00
170.48
8?.71
358,$9
4,037.b1
4,037.b1
203,~b7.28
17
CITY OF OWASSO
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING 03/04/95
OVERTIME TOTAL
DEPARTMENT EXPENSES EXPENSES
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APPROVE 03/21/95
Mayor
Council Member
Council Member
~ ^
CITY GARAGE
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING 03/04/95
APPROVED:
Mayor
03/21/95
Council Member
Council Member
CITY OF OWASSO
~
A/P TRANSFER REPORT
1' • m. ~r.~ r• r~rn nnlnTllY61 A 11 Al11 IhIT
TRANSFERS
CEMETERY CARE REVENUE TRANSFER FROM GENERAL FUND 136.88
AMBULANCE CAPITAL REVENUE TRANSFER FROM AMBULANCE FU 4,688.51
TRANSFERS TOTAL
4,825.39
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCII,
CITY OF OWASSO
~ FROM: RODNEY J RAY
CITY MANAGER
SUBJECT: REQUEST BY IAFF TO REOPEN CONTRACT NEGOTIATIONS FOR
FY 1994-95
i
DATE: March 16, 1995
BACKGROUND:
~ On June 21, 1994, the Owasso City Council approved a contract with IAFF Local #2789
(firefighters) for fiscal year 1994-95. The contract contained increases in compensation and
other changes negotiated between representatives of the two parties. Then, on December 27,
1994, the City was notified that the IAFF desired to reopen negotiations pursuant to a
~ memorandum dated June 6, 1994 relating to a "rank and organizational study". Since the
memorandum cited as reason to reopen negotiations did not refer to or provide fora "reopener",
' the City administration did not offer to do so in response to the IAFFs request. Subsequently,
the IAFF filed an "unfair labor practice" charge against the City citing the June 6, 1994
memorandum (see attached memo). The PERB (Public Employee Relations Board) case is
' scheduled for hearing on April 14, 1995 in Oklahoma City. At that time the City will show that
the rank and organizational study referred to in the June 6, 1994 memorandum has been
postponed at the request of the IAFF, thus the claimed basis for the unfair labor practice is non-
~ existent.
On March 13, 1995, the IAFF and City began negotiations for fiscal year 1995-96. Only one
meeting has been conducted and it was for the purpose of establishing ground rules. However,
during the meeting the issue of reopening negotiations for FY 1994-95 was raised by the union
negotiators. My response to the issue was that their reason for reopening negotiations was based
on a commitment that had been postponed by their organization and because of that action there
was no valid request to do so. I was further questioned relating to my position on the reopening
of 1994-95 negotiations and reiterated that I had not altered or changed my position that 1) there
is no funding available to increase any cost to the FY 1994-95 budget without cutbacks in other
areas; and 2) I had told the negotiators in June 1994 that, if any other group received more
money than they did, I would support reopening negotiations with the IAFF. I further advised
the firefighters that absent a reopening clause in the contract approved by the City Council, the
only avenue for negotiations to be reopened would be for the City Council to approve such an
action.
REQUEST TO REOPEN IAFF NEGOTIATIONS
March 16, 1995
Page 2
Then on March 15, 1995, I received a second letter from the IAFF (see attached) requesting that
the March 21, 1995 City Council agenda contain an item providing an opportunity for the
firefighters to address the Council and seek action to reopen FY 1994-95 contract negotiations.
Pursuant to past practices and in accordance with their request, such an item has been placed
on the agenda for consideration. ~
ATTACHMENTS
1. June 6, 1994 memorandum relating to Rank & Organizational Study
2. March 13, 1995 correspondence requesting to appear before the Council
3. December 25, 1994 correspondence requesting to reopen negotiations
• ~ • • • •
^
~ Local No. 2789
i~
AFFILIATED WITH AFL-CIO •• CLC
USR
MIKE SOLE
PRESIDENT
P.O. Box 510
ADDRESS
Owasso, OK
CITY STATE
Mr. Rodney Ray, City Manager
207 S. Cedar
Owasso, Oklahoma 74055
t i.i.~~_ ,..~..~.-....~._....~e....._
~~~~ ~ 4 X995
~' y rJ i Jj)
r~.~ +.~~~r~~INi~.~19i I..I..I
MARK STUCKEY
SECRETARY
P.O. Box 510
ADDRESS
Owasso, OK
CITY STATE
03/13/95
DATE
Re: Notice for Negotiations,
Dear Sir:
Local 2789 I.A.F.F., Bargaining Agent for the employees
of the City Fire Department, is making notice herewith as
provided for under O.S.A. 11, (1985) 51-101, et seq., Article
5. As per our conversation on 13 March 95 we are requesting
this matter be placed on the City Council agenda for 21 March
95. Thank you for your cooperation in this matter.
~ Very truly our ,
k~~/~i !.
Mike Sole, President
Local 2789 I.A.F.F.
:t 155
9Ktenx~tt~ora~al ftaaaclauo~s od `vie `~~~n¢
AFFILIATED WITH AFL•CIO •• CLC
va",«o 3
u5A
Local No. 2789
MIKE SOLE
PRESIDENT
8901 N. Garnett
ADDRESS
Owasso, OK
CITY STATE
MARK STUCKEY
SECRETARY
8901 N. Garnett
ADDRESS
Owasso, OK
CITY STATE
12/25/94
DATE
Certified Mail
Mr . Rodney lay, City ~-Zanager
207 S. Cedar
Owasso, Oklahoma 74055
Dear Sir:
Re: Notice for Negotiations,
Fiscal Year 1994-1995
Local 2789 I.A.F.F., Bargaining Agent for the employees
of the City Fire Department, is making notice herewith as
provided for under O.S.A. 11, (1985) 51-101, et seq., Article
5 and the Memorandum dated June 6, 1994, of our intentions to
negotiate for items requiring the appropriation of monies and
other contract terms.
Upon receipt of this correspondence, as provided under
the Act you have ten (10) days to contact me to schedule a
meeting. In good faith and in a positive spirit we will be
looking forward to this year's negotiations.
Very truly yours,
~~~
Mike Sole, President
Local 2789 I.A.F.F.
rise
MEMORANDUM
TO: ~'vTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL NO. 2789
FROM: RODNEY J. RAY, CITY MANAGER
CITY OF OWASSO
Si1B.TECT: RANK/ORGANIZATIONAL STUDY
DATE: June 6, 1994
The purpose of this memorandum is to assure the members of the IAFF, Local No. 2789, that
a rank organizational study committee will be formed to review and make recommendations
relating to -the Departments rank and organizational structure; and, that such study will be
requested to complete its mission within 90 days of the 1994-95 contract signing, Reopening
of negotiations will be allowed to provide an opportunity for changes in compensation, ifif anv,
that are necessitated due to the results of the rank/organizational study.
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCII,
CITY OF OWASSO
FROM: TIMOTHY ROONEY
COMMiJNITY DEVELOPMENT DIRECTOR
SUBJECT: REZONING REQUEST OZ-95-O1
DATE: March 16, 1995
BACKGROUND:
The City of Owasso has received a rezoning request from Tyann Development for the rezoning
of an approximate 8.86 acre tract located east of the Owasso Expressway and west of the Three
Lakes Addition, directly north of the Owasso Walmart. The subject property was recently
annexed by the City of Owasso and is currently zoned AG (Agriculture). The applicants are
requesting a rezoning to CG (Commercial General) and OM (Office Medium) to allow for
commercial and office development with a landscaped buffer zoned OM.
The rezoning request by Tyann Development is unique in the sense that it is the first commercial
rezoning request reviewed by staff that has included a zoning and landscape buffer. The
applicants are requesting the most easterly portion of the subject property (the portion which
abuts the residential area of Three Lakes) to be zoned OM (Office Medium). By incorporating
the OM zoning into the request, the applicant has limited the proximity of any commercial
structure to a minimum of 40 feet in relationship to the residentially zoned property. It is also
the applicants intent to incorporate a six foot wooden fence along the shared property line, along
with the incorporation of extensive landscaping, in order to buffer the commercial uses from the
residential property. A copy of the complete staff report, along with additional application
materials submitted by the Tyann Development, are attached for your information and review.
The Owasso Planning Commission reviewed the rezoning request at their March 14, 1995
regular meeting. Several area property owners attended that meeting and voiced concern
regarding the proximity of commercial zoning to their property. In addition, concerns were also
voiced into exactly what types of structures would be built on the property if the zoning was
approved and the maintenance responsibilities of the screening wall and landscape buffer. It is
important to note that platting of the property would be the stage in which maintenance
responsibility of the "buffer" area is addressed and site plan review by the Planning Commission
would also review the type of structure and the required landscaping. Both of these steps are
public hearings in which the neighboring property owners would have opportunities for input.
Staff feels that the development concept and rezoning request presented by the applicant is a
solid one that has attempted to address any potential conflict in uses which sometimes occur
when commercial development abuts residential. The inclusion of the OM zoning as a buffer .w
area between the two types of development, as well as landscaping and a minimum setback of
40 feet from the residential property, is above and beyond what exists in any commercial area
abutting residential development along the Owasso Expressway. The Planning Commission
unanimously recommended approval of the rezoning request.
RECOMMENDATION:
Staff recommends approval of the rezoning request from Tyann Development to rezone the
subject property from AG (Agriculture) to CG (Commercial General) and OM (Office Medium). •i
ATTACHMENTS•
1. OZ-95-O1 Staff Report.
.r
..
A
OWASSO CITY COUNCIL MEETING
FEBRUARY 21, 1995 - 7:00 PM
Name
1-f G h ~y (ter ~,
~~
Address
~ ~/ /9~f
.~ ~~ ..,
Phone
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~, ~~ ~ - 4. ~~ Z ~ ~
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6. Gnu:- 7 - ~
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
CITY OF OWASSO
Planning Department
OZ-95-O1
Staff Report
Timothy D. Rooney -City Planner
BACKGROUND
~ APPLICANT AND STATUS OF APPLICANT: Tyann Development, applicant and
' owner.
REQUFSTED ACTION AND PURPOSE: A request for the rezoning of property from
~ AG (Agricultural) to CG (Commercial General) and OM (Office Medium) to allow for
commercial development with a landscaped buffer zoned OM.
LOCATION AND SIZE: The property is located directly north of Walmart, east of the
~ Owasso Expressway, and west of the Three Lakes Addition. The complete legal description
of the property is attached for your information and review. The subject property contains
~ 8.86 acres, more or less.
EXISTING LAND USE: The subject property is currently undeveloped.
SURROUNDING LAND USE: The subject property is abutted on the north and west by
the Owasso Expressway service road, on the east by the Three Lakes Addition zoned RS-3
(Residential Single Family High Density) and on the south by the Owasso Walmart, zoned
CS (Commercial Shopping Center).
COMPREHENSIVE PLAN: The Comprehensive Plan identifies this area as being
appropriate for Medium Intensity Residential (Multi-Family Housing). However, it is
important to note that the Comprehensive Plan may be outdated in this area. The service
road will be extending northward upon any development in this area, thus making it less
likely to be a desirable residential area. Staff would not recommend this area for any
residential development if the Comprehensive Plan update were being performed today.
APPLICABLE REGULATIONS: The Zoning Code for the City of Owasso, Chapter 15
"Amendments", Chapter 6 "Commercial Land Uses", and Chapter 5 "Office Land Uses".
SITE INFORMATION: No unusual development hardships are noted.
Staff Report
OZ-95-O1
Page 2 of 3
ANALYSIS
The proposed rezoning, if approved, would create an 8.86 acre area of commercial/office
zoned property for the applicant. The subject property is located between the Owasso
Walmart and the most northerly entrance into Three Lakes Addition, is currently zoned AG
(Agriculture) with a request to rezone to CG (Commercial General) and OM (Office
Medium), and is unlikely to develop if the current zoning pattern was to remain AG. Staff
would also suggest, that it would be unlikely to develop residentially. „~
As stated previously, the Owasso Comprehensive Plan, while identifying this area as being '~
appropriate for Medium Intensity Residential (Multi-Family Housing) may be considered to ~
be outdated when applied to the existing physical facts of the area surrounding the subject
tract. Again, with Walmart to the south, more specifically the automotive center of Wal-
mart, the Owasso Expressway immediately to the west and the eventual continuance of that ~~
service road to E. 96th Street North, this property will then be abutting what will be a
substantial traffic/commercial corridor in Owasso.
The Commercial General zoning requested by the applicant would allow for a myriad of
commercial retail uses. While Commercial General zoning would be a more intense form of
zoning than what is found immediately to the south, the use immediately to the south is one
of a Commercial General classification -that being automotive repair. A list of uses
permitted under CG zoning is attached for your review.
Within the applicants text submitted with their application, some very important points were :~
addressed. Over 60% of the frontage land between 76th Street North and 86th Street North
is of an equal intensity or higher zoning intensity, thus making the applicant's request a solid
one when one reviews the existing zoning patterns. In addition, the automotive repair center
directly to the south also has some impact as to the type's of uses that could be attracted to
the applicant's property. '~
The important issue regarding this request, and perhaps the issue that is of the most concern
to staff, is the inclusion of a buffer of OM (Office Medium). While it is indeed true that
approximately 60 % of the land along the Owasso Expressway corridor has developed with a
commercial or industrial classification, anextremely small portion of that zoning includes a ,,*
buffer between their businesses and the abutting residential developments. The applicant's
request includes such a buffer. The buffer area which would occur in the OM portion of the
rezoning request, would require the construction of a site obstructing fence, an absolute
minimum setback of 40 feet from any of the abutting residential property, and the ~
requirement for substantial landscaping along the abutting lines with the residential property.
Staff feels the applicant has addressed any potential conflicts of uses in this area by the
Staff Report
OZ-95-O1
Page 3 of 3
inclusion of this buffer. In addition, the Planning Commission will also review any platting
and all site plans that may occur within this property, again to ensure the buffer area serves
~ its purpose.
Letters were sent to surrounding property owners very early within the rezoning process
(February 15, 1995) and notification was published in the Owasso Reporter on February 16,
1995. The subject property was also posted the second week in February. To date, staff has
received only one inquiry regarding the rezoning request. This inquiry was concerned over
the possible height of any buildings that could be built on the subject property and did not
want high rise office buildings.
RECOMMENDATION
1
1
1
Staff feels a rezoning and use of this property in a commercial manner would be consistent
with the existing zoning patterns along the Owasso Expressway service roads and would be
adequately buffered from the residential development. Staff recommends approval of the
rezoning request from AG to CG and OM.
ATTACHMENTS
1. Legal Description.
2. Location Map
3. Uses permitted in a CG zoning district.
4. Copy of Legal Ad published in the Owasso Reporter
5. Copy of letter sent to surrounding property owners.
6. Text submitted by Tyann Development.
A TRACT OF LAND COMMENCING AT THE NE CORNER
OF THE NW/4 OF THE SW/4 OF SECTION 20, TOWNSHIP 21
NORTH, RANGE 14 EAST; THENCE SOUTH 222.96 FEET TO
THE POINT-OF- BEGINNING. THENCE SOUTHWESTERLY
ALONG A CURVE TO THE LEFT AND THE EAST RIGHT-
OF-WAY LINE OF US HIGHWAY 169 A DISTANCE OF ~
1273.46 FEET TO A POINT ON THE SOUTH LINE OF THE
NW/4 OF THE SW/4 OF SAID SECTION; THENCE EAST A
DISTANCE 632.80 FEET TO A POINT ON THE EAST
BOUNDARY OF THE THREE LAKES III ADDITION; ~
THENCE NORTH ALONG SAID BOUNDARY LINE A
DISTANCE OF 1097.05 FEET TO THE POINT OF
BEGINNING, SAID TRACT CONTAINING 8.86 ACRES,
MORE OR LESS.
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b. Accommodate the grouping of certain commercial and light indus-
trial uses which are compatible with one another.
600.4 Purposes of the CH Commercial High Intensity District ~
The CH District is designed to accommodate high intensity commercial and
related uses.
SECTION 610 PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS
1
The principal uses permitted in the Commercial Districts are designated by
use units. The use units are groupings of individual uses and are fully
described, including their respective off-street parking, loading, and
screening requirements and other use conditions in Chapter 10. The use
units permitted in Commercial Districts are set forth below Table 1. '~
Table 1 -~
Use Units Permitted in Commercial Districts
Districts
No. Name CS CG CH
1. Areawide Uses X X X _;
2. Areawide Special Exception Uses E E E
4. Public Protection and Utility Facilities X X X .~
5. Community Services, Cultural and Recreational
Facilities X X X ~
8. Multi-Family Dwellings and Similar Uses E E E
10. Off-Street Parking Areas X X X
11. Offices and Studios X X X ~
12. Eating Places Other Than Drive-Ins X X X
13. Convenience Goods and Services X X X ~
14. Shopping Goods and Services X ~j~la~ X X
~
15. Other Trades and Services ~ X X
16. Gasoline Service Stations X X X
17.
Automotive and Allied Activities
E
X
X ~
18. Drive-In Restaurants ~ `~t9~9~ X X +'
19. Hotel, Motel, and Recreation Facilities X X X
20. Commercial Recreation, Intensive E E "'
21. Business Signs and Outdoor Advertising X X X
22. Warehousing and Wholesaling E X
24. Light Manufacturing and Industrial Research and
and Development E E
f
*X = use by right.
E =
special exception. ~
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36
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111$`id~vit ®f I'u~licutio~>t
STATE OF Oi{I,AIIOMA, TULSA COUNTX, se:
hill R. Retherford, of lawful age, being duly sworn
and nuthorized, says that he is the publisher of the
OWASSO REPORT);R , a weekly
nowspaper printed in tho city of OWASSO
'Ilrlsa County, Oklahoma, n newr3pnper qualified to
publish legal notices, advertisements and publications
as provided in Section 106 of Title 25, Oklahoma
Statutes 1971 and 1983 ns amended, and therea(Ler,
and complies with all other requirements of the laws
of Oklnhoma with reference Cn le};al publirntions.
'flint snid notice, a true copy of which is attached
hereto, wus published in the regular edition of snid
newspaper during the period and time of publication
and not in n supplement, on the following dates:
FEBRUARY 16 199 5
Subscribed and sworn to before me this 6th
da of February 199 5
y
Notary Public
My Commission expires: March 20, 1997
PUI3LISfIER'S FEE $ 88.12
' ~ t,
Published In the Ov+asso Reportor, Owasso, Tulsa County, Oklahoma,
February 16, 1995.
EXHI8IT'A'
NOTICE TO THE PUBUC OF A HEARING
ON A PROPOSED AMENDMEN7 TO THE ZONING ORDIt4ANCE
OF THE CITY OF OWASSO, OKLAHOMA
APPLICATION: OZ-95A1
Nonce is Hereby given that a public hearing will be held belora the Owas-
so Planning Cornmisslon, In the Owasso Community Center, Owasso, Okla-
homa, al 7:00 P.M. on the 14th day of March, 1995.
At that lime end place, conslderatlon will be given to the proposed
change of the zoning classification of the folbwing described property:
A TRACT OF LAND COMMENCING AT THE NE CORNER OF THE
NW/4 OF THE SWl4 OF SECTION 20, TOWNSHIP 21 NORTH,
RANGE 14 EAST; THENCE SOUTH 222.96 FEET TO THE POINT-
OF- BEGINNING. THENCE SOUTHWESTERLY ALONG A CURVE
TO THE LEFT AND THE EAST RIGHT•OF-WAY LINE OF US HIGH-
WAY 169 A DISTANCE OF 1273.46 FEET TO A POINT ON THE
SOUTH LINE OF THE NW/4 OF THE SW/4 OF SAID SECTION;
THENCE EAST A DISTANCE 632. BO FEET TO A POINT ON THE
EAST BOUNDARY OF TI1E THREE LAKES III ADDITION; THENCE
NORTH ALONG SAID BOUNDARY LINE A DISTANCE OF 1097.05
FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINING B
.86 ACRES, MORE OR LESS.
The general location of ilia properly Is west of Ilia Three Lakes Addition,
directly north of the Owasso Walmart.
To be considered Is a rezoning Irom AG (Agrlcutture General District) to
C3 (Commercial Gener>I; and OM (OH{ce Medium).
All persons Interested In this matter may be present at the hearing and
present their ob)ectlons to or arguments to any or allot ilia above matters.
In the even) that such proposed rezoning Is approved, In whole or In part,
by the Owasso Planning Cornmisslon, said Planning Commission shall sub-
mil its recommendalton to the City Council of ilia Clty or Owasso for Rs con-
sideration and action, as provided by law.
The Cily Counc(I's review of the recommendalton of the Planning Com-
mission on the proposed rezoning shall be at a meeting Ilmo and place to be
determined by the Council, Bald Informalbn to be evallable Irom the Owasso
City Planner.
A map showing ilia proposed rezoning accompanies this notice. For more
Inlormation on the proposed rezoning contact the Owasso Community
Development Department, Clty Hall, 207 S. Cedar, Owasso, Oklahoma
74055, or phone (916) 272-2251.
Dated al Owasso, Oklahoma, this 13th day of February, 1995.
Tunothy D. Rooney
cnn,munily Development Director
Clly Of OWlrSSO ~
207 South Cedar ; E°`"°`°"`~° ~ (918) 272-2251
PO Box 180 _ ~ - FAX (918) 272-4999
Owasso, OK 74055 ~' ;", ~';"
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NOTICE TO PROPERTY OWNER
OZ-95-O1
Notice is hereby given that a public hearing will be held before the Owasso Planning
Commission in the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 7:00
PM on the 14th day of March, 1995. At that time and place, the Owasso Planning
Commission will consider a request from Tyann Development, applicant and purchaser, for a
proposed change of the zoning classification from an AG (Agriculture) District to CG
(Commercial General) and OM (Office Medium) District, which would allow for the
development of Commercial and Office Uses. The subject property is described as follows:
Commencing at the NE corner of the NW/4 of the SW/4 of Section 20, Township 21 North,
Range 14 East; thence south 222.96 feet to the Point-of- Beginning. Thence southwesterly
along a curve to the left and the east right-of--way line of US Highway 169 a distance of
1273.46 feet to a point on the south line of the NW/4 of the SW/4 of said Section; thence
east a distance 632.80 feet to a point on the east boundary of the Three Ickes III addition;
thence north along said boundary line a distance of 1097.05 feet to the Point of Beginning,
said tract containing 8.86 acres, more or less.
The general location of the property is west of the Three Lakes Addition, directly north of
the Owasso Walmart.
As an abutting or nearby property owner, you are being notified so that you may be able to
express your views or concerns regarding this request. If you are unable to attend this
meeting, please forward any comments you may have in writing to the Owasso City Planner,
207 S. Cedar Street. These comments will be presented to the Planning Commission
members at the scheduled public hearing by Planning Staff.
Information and maps showing the property location may be inspected in the office of the
City Planner, 207 South Cedar, Owasso, Oklahoma, 74055 or by calling 272-2251. This is
your only personal notification of this request.
Dated at Owasso, Oklahoma, this 15th day of February, 1995.
Sincerely,
~0 ~
Timoth D. Ro e
Y Y
Community Development Directo
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Tyann Development Inc.
P.O. Box 397 Telephone: (918) 274-0517
Owasso, OK 74055 Fax:: (918) 272-9585 (HAMCO) .
TO: Owasso Planning Commission & Owasso City Council
FROM: Steve Compton, Manag~(;~rw`'
DATE: February 16, 1995
SUBJECT: Rezoning Request Briefing -Case OZ-95-O1
REZONING REQUEST:
Tyann Development, Inc. has applied to the Owasso Planning Commission and the Owasso City
Council requesting the rezoning of a vacant 8.86 acre tract of land generally located north of the
Wal-Mart store and east of U. S. Highway 169. Abutting the tract on the east is asingle-family
subdivision, Three Lakes III. The tract has approximately 1,273 feet of frontage on the east
service road of the expressway.
The rezoning application consists of a request for a combination of medium intensity commercial
(Commercial General District - CG) and medium intensity office (Office Medium Intensity
District - OM). See Zoning Request Map.
This request has been ~ ZONING REQUEST MAP
carefully and thoughtfully "'° _~''~-'''~ _
researched and is strictly
..... ~ ~J'~~
based upon, (1) current
comprehensive development
policies of the City of Owasso ;_
for the area in question, (2)
existing physical conditions o
and the current use of the ¢ ~ :.:.
tract and surrounding area,
and (3) planning principles
and standards accepted by =~ -
planning authorities at both
the local and national levels.
TON VIEW .y '
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CONFORMANCE TO COMPREHENSIVE PLAN:
The Owasso Comprehensive Plan 1978-2000 - 1985 Update, shows the subject tract to be
designated as Medium Intensity Residential (Apartments). However, it is the opinion of Tyann
Development that the comprehensive plan is outdated and does not reflect the current city plans
and policies for long-term development of the expressway corridor area. In 1978 when the
existing plan was developed for this area it was assumed that the service road would not be
extended, making this portion of the corridor questionable for commercial use. More recently,
the city staff has made it quite clear that any development within the corridor can occur, but will
not be allowed without the extension of the service road by the developer through each proposed
development. This staff policy has been reinforced by the city's support of a proposed Performing
Arts Center to be located at the southeast corner of expressway and 96th Street North.
Obviously, a facility this size would require extension of the service road south from 96th Street
to properly provide direct access to such a large traffic generator. A second action by the city that
confirms its 1978 Comprehensive Plan and the policies contained within that plan, as they pertain
to the service road, has changed occurred when PUD-10 was approved. This PUD allowed
approximately 12 acres of commercial zoning to occur southwest of the proposed Performing
Arts Center, but is was restricted from occurring until the service road was extended to the tract.
In addition, it has been brought to our attention that Mr. Hayward Smith has engaged the services
of a land planner to prepare a PUD master plan for the west side of the expressway for the city's
review and possible approval. It is our understanding that this proposal will include a west side
service road and proposed commercial use of the frontage area that would be created. Therefore,
it would seem only reasonable that undeveloped land along this comdor is due the same zoning
consideration as has been allowed in the corridor area between 76th Street North and 86th Street
North.
A field check of the tract and surrounding area to identify existing physical conditions and
features shows the tract to be abutted on the east by the Three Lakes III addition, on the south by
the Wal-Mart Automotive Center, and on the northwest by the expressway. The service road is in
place, however, water and sewer will have to be extended and detention will need to be provided
in order to satisfy all city development requirements. The actual physical existence of the
Wal-Mart Automotive Center is extremely important in our decision to request General
Commercial on the tract. If this use were not a part of the total Wal-Mart Store it would not be
allowed because the store is zoned for Commercial Shopping. This is certainly an acceptable
zoning classification for the store; however, the physical fact that remains is the automotive
center exists adjacent to the subject tract and greatly effects the potential use of the tract and
supports the requested General Commercial zoning designation.
In researching the proposed rezoning request to insure its appropriateness, Tyann Development
reviewed the current zoning patterns along both sides of U. S. Highway 169 between 76th Street
North and 96th Street North.
It was determined that over 200
acres of land adjacent to the
expressway are currently bei:
utilized or have been zoned f
General Commercial, High
Intensity Commercial, Comn
Shopping, Medium Intensity
or Light Industrial. These ar
shown on the Zoning Pattern
and are indicated with black
It was also determined that
approximately 60% of the fr~
land along the east side of th
expressway between 76th St:
North and 86th Street North
zoned a combination of Genf
Commercial and Light Indus
These existing zoning patters
certainly support the Genera:
Commercial and Medium Int
Office zoning classifications
requested.
In summary, it would be Tya
Development's contention th
comprehensive plan develop
1978 is outdated as it pertain,
the area in question and is nc
longer the correct guide to b
for evaluating zoning request
is also our opinion that we h.
shown the request to be in
conformance with the city's
comprehensive development
policies for the area and is
consistent with the existing z
patterns and physical feature ~. ~..,,
tract and surrounding area.
ZONING PATTERN MAP
DEVELOPMENT CONCEPT:
In addressing the matter of the proposed request meeting
appropriate planning principles and standards, we would submit
a Development Concept. This plan should not be considered
as a Site Plan; but rather, it should be considered as an
"idea drawing". It would be Tyann Development's
intention that the subject tract, when finally completed
would appear to be somewhat similar to the
Development Concept. We would hope that
this would be accomplished by using a
combination of; (1) an on-site zoning ~ _.
pattern that restricted use of areas ~ ' -`.
-,,. ~.,
adjacent to residential properties, but ~ - `
at the same time still requires the ~s~~ ' ,~ -~
construction of a screening fence; (2)
_,' :;
the use of both a drainage easement ~. _ ~~
and utility easement on the Plat to J~ ~ -
reinforce the zoning pattern and - .
insure that no commercial :~: " ,~: `s~•
.~ .
construction will occur closer ~ ~ ' -
than 40 feet to the back ~ ~ ~' _ - _
~~\~ `'
property lines of any -
residential use; (3) the use
of restrictive covenants on ~ ^ ~ .~ _-~:
the Plat to require perpetual ~ - _ '~ ~~ ~ `~~~~'
DEVELOPMENT CONCEPT
landscape screening and , :~~.
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maintenance of the storm
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water reserve area by the '
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commercial lot owners; and _ .
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(4) the individual Site Plan
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~ _ _ _ _ _ _ _ _ ~
..
Review conducted by the ~
Owasso Planning Commission
for each lot prior to development.
~' ~
~~
CONCLUSION:
It has been shown that the Owasso Planning Commission and Owasso City Council have zoned
over 200 acres of land adjacent to the U.S. Highway 169 Expressway between 76th Street North
and 96th Street North as either General Commercial, Commercial Shopping, High Intensity
Commercial, Medium Intensity Office, or Light Industrial. It has also been shown that 60% of the
land abutting the east service road of the expressway is zoned either General Commercial or Light
~ Industrial and that a General Commercial use currently exists adjacent to the south boundary of
the tract. As development occurs the east service road between 86th Street North and 96th Street
North will be put into place to provide adequate traffic support based upon current city
requirements. Tyann Development will provide, (1) appropriate precautions to buffer adjacent
~ residential uses and (2) the necessary water, sewer, and storm water drainage facilities for proper
land development.
~ Therefore, it can be concluded that the request before you for General Commercial and Medium
Intensity Office is appropriate and due strong consideration for approval. We would request such
' approval.
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: TIMOTHY ROONEY
CONIlVIUNITY DEVELOPMENT DIRECTOR
SUBJECT: ANNEXATION REQUEST BY MR & MRS HAYWARD SMITH
ORDINANCE NO. 495
DATE: March 15, 1995
BACKGROUND
Mr, and Mrs. Hayward Smith have submitted to the City of Owasso a petition for annexation
of their jointly owned property totaling approximately 126.805 acres. The subject property is
shown on the attached map and is currently undeveloped.
The subject property is currently zoned AG (Agricultural) and would remain zoned AG upon
annexation. All property annexed by the City of Owasso is required to be zoned the lowest
zoning classification (AG) until any rezoning request is received and approved by the Planning
Commission and the City Council. A copy of the City of Owasso's annexation policy is attached
for your information and review. If annexation is approved, the subject property will have to
go through all platting requirements of the City of Owasso prior to any development. It should
be noted that upon any development of this property, acceleration/deceleration lanes would need
to be included for all entries along E. 96th Street North and Garnett Road. Other identified
development challenges noted would be the straightening of E. 96th Street North, as well as
extending water and sewer service.
Notification of the annexation request was published in the Owasso Reporter on March 2, 1995
to notify the public of the annexation request before the Planning Commission. That notification
was followed by notification published two consecutive weeks in the Owasso Reporter on March
9 and 16, 1995 to notify the public of City Council action regarding the request. A copy of the
procedures for annexation is also attached for your information and review.
The Technical Advisory Committee reviewed this request at their March 1, 1995 meeting and
had no comments regarding the request. The Annexation Committee reviewed this request at
their March 2, 1995 meeting and unanimously recommended approval. The Owasso Planning
Commission unanimously recommended approval of the annexation request at their March 14,
1995 meeting.
RECOMMENDATION
Staff recommends approval of the annexation request and Ordinance No. 495, which would
approve the Smith's annexation request.
ATTACHMENTS
1. Case map
2. City of Owasso's annexation policy
3. City of Owasso's procedures for annexation
4. Copy of the annexation petition
5. Copy of Ordinance No. 495
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ANNEXATION POLICY
1. While there is no minimum tract size, properties of larger than ~
20 acres are preferable.
2. All properties should be contiguous to existing city limits. ~
3. All properties should be annexed into the city limits as the
lowest zoning classification, that is, AG, agricultural.
Landowners may then petition for rezoning if they desire
further development of their property. All legal uses annexed _ ~
into the city will be legal, but non-conforming, which means
that they may continue but cannot be expanded without proper
zoning.
4. All public infrastructures that do not met city standards will
not be improved by the city until brought to the city standard
and accepted by the City Council. Such public facilities must
be improved at owners expense by the establishment of a special
assessment district or some other financing method.
5. Where a city limit boundary ends at a dedicated street, the
boundary will not include the street right-of-way. This policy
will establish consistence and- allow city employees and
citizens to know where the city boundaries are.
6. Properties that are rejected for annexation should not be
considered for annexation for a six month period after
rejection by the City Council.
Adopted by Council on March 1, 1988.
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PROCSDURBS FOR ANNEXATION
CITY COUNCIL SPONSORED ANNEXATION:
1. City Council direction to study the annexation of property.
2. Notice published two consecutive weeks in the Owasso Reporter of a
Planning Commission Hearing which will include a map and text of the
proposed annexation.
3. Review by a Standing Annexation Committee and recommendation to the
Planning Commission and City Council_
4. Planning Commission Hearing on the proposal and recommendation to
the City Council.
5. Notice published two consecutive weeks in the Owasso Reporter of a
City Council Hearing which will include a map and text of the
proposed annexation.
6_ City Council hearing and action on the proposal_
7. If the proposal is approved by the City Council, an Ordinance will
be prepared, approved, published, and filed of record with the
office of the County Clerk, with a map of the property annexed.
CITIZEN SPONSORED ANNEXATION:
1_ Submission to the City Planner of an application and petition and an
administrative fee as prescribed by Ordinance.
2. Review by a Standing Annexation Committee and recommendation to the
Planning Commission and City Council.
3. Notice published once in the Owasso Reporter at the applicant"s
expense of a Planning Commission Hearing which will include a map
and text of the proposed annexation.
4_ Planning Commission Hearing on the proposal and recommendation to
the City Council.
5. Notice published two consecutive weeks in the Owasso Reporter at the
applicant's expense of a City Council Hearing which will include a
map and text of the proposed annexation.
6_ City Council Hearing and action on the proposal_
W
7. If the proposal is approved by the City Council, an Ordinance will
be prepared, approved, published, and filed of record with the
office of the County Clerk, with a map of the property annexed_
Adopted by City Council on March 1, 1988_
BEFORE THE HONORABLE
CITY COUNCIL OF
THE CITY OF OWASSO, OKLAHOMA
PETITION FOR ANNEXATION
The undersigned, constituting not less than three-fourths of the registered voters and being owners of not
less than three-fourths (in value) on the hereinafter described real estate situated in Tulsa County,
Oklahoma, to-wit:
All that part of the northwest quarter (NW/4) of Section 20, Township 21 North, Range 14 East of the
Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Govemment Survey
thereof lying north and west of the westerly right-of-way of U.S. Highway 169 more particularly described
as follows, to-wit: Beginning at the southwest comer of said NW/4, thence N 1° 12'26"W along the west
line of said NW/4 for 2638.46 feet to the northwest comer thereof, thence N 88°44'59"E along the north
line of said NW/4 for 2651.53 feet to the northeast corner thereof, thence S 1° 14'06"E along the east line
of said NW/4 for 998.20 feet to the point of intersection of the east line of said NW/4 and the westerly
right-of-way of said U.S. Highway 169, thence S 48°54'01"W along said right-of-way line for 1193.92
feet, thence on a curve to the left along said right-of-way line having a radius of 5230.51 feet and a central
angle of 13° 14'19" for 1208.46 feet to a point on the south line of said NW/4, thence S 88°41'16"W along ~
said south line for 906.08 feet to the point of beginning.
AND
All that part of the Northeast Quarter of the Northwest Quarter of the Southwest Quarter (NE/4 NW/4 '~
SW/4) of Section 20, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County,
State of Oklahoma, according to the U.S. Govemment Survey thereof lying north and west of the westerly
right-of-way of Highway 169 and more particularly described as follows, to-wit: Beginning at the point
of intersection of said westerly right-of-way of Highway 169 and the north line of said NE/4 of the NW/4
of the SW/4, thence southwesterly along the said westerly right-of-way of Highway 169 on a curve to the
left having a radius of 5230.51 feet and a central angle of 4°41'43" for 428.63 feet to a point on the west
line of said NE/4 of the NW/4 of the SW/4, thence N 1° 12'51"W along said west line of said NE/4 of
the NW/4 of the SW/4 for 352.60 feet to the northwest corner thereof, thence N 88°41'16"E along the
north line thereof for 242.88 feet to the point of beginning containing 126.805 acres more or less.
Bearings shown are from Oklahoma Department of Transportation data.
7
being territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently
embraced within the Limits thereof, hereby petition the City Council of the City of Owasso, Oklahoma,
to annex the aforementioned real estate into the City Limits of said City.
Dated this /~7" day of February, 1995.
Owner(): -, ~
> ~~ / ro_
.Hayward ith
,6 ~
Betty Jane S, ith -~
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO 495
AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY
' OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN
SECTION 20, TOWNSHIP 21 NORTH, RANGE 14 EAST, PROVIDING THAT
FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS
ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID
' TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF
OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL
PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE
JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF
~ OWASSO, OKLAHOMA, ESTABLISHING THE SAME AS PART OF WARD
ONE OF SAID CITY AND DIRECTING THE FILING OF THIS
ORDINANCE.
WHEREAS, pursuant to the provisions of Title 11, Section 21-103, et seq., of the
Oklahoma Municipal Code, the City of Owasso is permitted to annex additional territory
providing a petition in writing, signed by not less than three-fourths of the legal voters and
owners of not less than three-fourths (in value) of the properly hereinafter described, the same
being contiguous to the corporate limits of the City of Owasso, requesting that said property be
annexed and added to the City of Owasso is submitted; and
' WHEREAS, notice of the presentation of said Petition was given by the Petitioner by
publication in the Owasso Reporter, a newspaper of general circulation published in the City of
Owasso, Oklahoma, and notice was given that said Petition would be considered by the City
Council of the City of Owasso, at a meeting to be held on March 21, 1995 at 7:00 PM at the
' Community Center, Owasso, Oklahoma; and
WHEREAS, on the 21st day of March, 1995, said Petition was duly considered by the
' City Council and was determined to have complied with the provisions of Title 11, Section 21-
103, et seq., of the Oklahoma Municipal Code, and further, that proper legal notice of
presentation of said petition had been given; and
' NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA.
ection 1 That the following described territory lying in Tulsa County, Oklahoma which
is contiguous to the present corporate limits of the City of Owasso and described in the petition
presented to the City Council in accordance with the provisions of Title 11, Section 21-103, et
seq., of the Oklahoma Municipal Code, and more particularly described as follows, to-wit:
All that part of the northwest quarter (NW/4) of Section 20, Township 21 North, Range 14 East
of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the US
Government Survey thereof lying north and west of the westerly right-of--way of US Highway
169 more particularly described as follows, to-wit: Beginning at the southwest corner of said
NW/4, thence N O1°12'26"W along the west line of said NW/4 for 2638.46 feet to the
northwest corner thereof, thence N 88°44'59"E along the north line of said NW/4 for 2651.53
feet to the northeast corner thereof, thence S O1 ° 14'06"E along the east line of said NW/4 for
998.20 feet to the point of intersection of the east line of said NW/4 and the westerly right-of-
way of said US Highway 169, thence S 48°54'01"W along said right-of--way line for 1193.92
feet, thence on a curve to the left along said right-of--way line having a radius of 5230.51 feet
and a central angle of 13 ° 14' 19" for 1208.46 feet to a point on the south line of said NW/4,
thence S 88°41'16"W along said south line for 906.08 feet to the point of beginning.
AND
All that part of the northeast quarter of the northwest quarter of the southwest quarter (NE/4
NW/4 SW/4) of Section 20, Township 21 North, Range 14 East of the Indian Base and
Meridian, Tulsa County, State of Oklahoma, according to the US Government Survey thereof
lying north and west of the westerly right-of--way of Highway 169 and more particularly
described as follows, to-wit: Beginning at the point of intersection of said westerly right-of--way
of Highway 169 and the north line of said NE/4 of the NW/4 of the SW/4, thence southwesterly
along the said westerly right-of--way of Highway 169 on a curve to the left having a radius of
5230.51 feet and a central angle of 04°41'43" for 428.63 feet to a point on the west line of said ~y
NE/4 of the NW/4 of the SW/4, thence N O1 °12'51"W along said west line of said NE/4 of the
NW/4 of the SW/4 for 352.60 feet to the northwest corner thereof, thence N 88°41'16"E along ~
the north line thereof for 242.88 feet to the point of beginning containing 126.805 acres more ~+
or less.
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.
A
ection 2 That from and after the passage and publication of this Ordinance, the real
estate and temtory described in Section 1 hereof shall be a part of the City of Owasso, '1
Oklahoma, and in Ward One 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 there be filed in the office of the County Clerk of Tulsa County,
Oklahoma, a true and correct copy of this Ordinance, together with an accurate map of the
territory hereby annexed.
PASSED AND APPROVED this 21st day of March 1995.
Jerry Duke, Mayor
ATTEST:
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
1
Ronald D Cates, City Attorney
ii
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: RODNEY J RAY
CITY MANAGER
SUBJECT: OFFER TO PURCHASE PROPERTY FOR MANUFACTURING
FACII.ITY
DATE: March 17, 1995
BACKGROUND•
Councilor Barnhouse and I have discussed with Mr Roy Fickle the possibility of his company
locating in Owasso. Mr Fickle, along-time Owasso resident, owns a company (Sanitary
Systems Inc) that manufactures lids for residential waste containers (polycarts). The company
is currently located north of Owasso on Highway 75 (near the intersection of Highway 20) and
employs an average of four people year-round.
Mr Fickle has indicated an interest in purchasing property from the City of Owasso (OPWA)
and constructing a small manufacturing facility (700-1000 sq ft) on the property. He has also
indicated that his employee base may increase to six people in the new facility. The property
he is interested in is located on Fifth Ave immediately south of the Recycle Center and consists
of 1'h acres (see attached sketch drawing). The property is part of a tract that we have
marketed to other prospects and, if sold, would leave a second 1'/z acre lot still available for
another prospect.
I recently received an official offer from Mr Fickle to purchase the property at a total price of
$7500 ($5000 per acre). Subsequently, Councilor Barnhouse had a discussion with Mr Fickle
that indicated the need to expedite the purchase due to a possible change in his current lease
agreement.
The sale of the property has been discussed with members of the OEDA to ensure they are
aware of the potential economic development impact and to seek their input.
At this point, there appears to be consensus that the sale of the property will be positive for the
city and community. It will produce jobs, create economic growth, add to the school's tax base
and increase the benefit of the investment we have made in the infrastructure of that area.
"I
OFFER TO PUR HA E PR PERT
C S O Y
March 17, 1995
Page 2
PROPOSED COUNTER OFFER: ,~
The staff has reviewed the offer to purchase submitted by Mr Fickle, the proposed use of the
property and the impact of the sale on other potential prospects. Based on that review, it is the
staff position that, while the per acre price offered is slightly lower than the price paid for NSP
property, the absence of other offers over the past three years indicates the property does not
have good appeal to potential buyers. ~
The staff believes, however, there are costs associated with the sale that should be assumed by
the buyer in order for the City to "net" the $7500 offer. Therefore, the staff recommendation
is that a "counter offer" be made that would require the "buyer" to pay for the cost of ~i
surveying, abstracting, lot split and zoning for the property. If such counter offer is accepted,
the City would net $7500 on the sale.
CONTRACT CONDITIONS:
In order to ensure that the property is used for economic development purposes, the following
conditions should be included in a final contract for sale: '
1. Requirement that construction of facility begin within six months from date of closing.
2. Requirement that firm employ at least four employees within one year of start up.
3. Letter of commitment for construction financing or confirmation that construction capital
is in place prior to closing.
4. Buyer pays for survey, abstract, lot split and zoning charges.
RECOMMENDATION:
The staff recommends the Council authorize the City Manager to offer a counter proposal to Mr
Fickle, based on the conditions listed in this memorandum, and that such proposal be contained
in a contract for sale of property. The staff further recommends the City Manager be authorized
to initiate a survey of the desired property and cause an abstract to be developed for review and
title opinion.
is
fl
OFFER TO PURCHASE PROPERTY
March 17, 1995
Page 3
ATTACHMENT•
1. Correspondence from Mr Fickle
NOTE: Should the Council accept the staff recommendation, it is anticipated that formal action
to authorize the sale will be requested at the April 4, 1995 City Council meeting.
SAI~IITARY SYSTEMS
MAIYUFACTUKIIY(~ , IPIC.
P.O. Box 87 • Collinsville, OK 74021
(918) 396-4720
Mr. Rodney Ray
P.O. Box 180
Owasso, OIC 74055 -
In reference
making a proposal
Authority one and
recycle plant for
We propose t~
time.
to the property we spoke about, we are
to purchase from Owasso Public Works
one-half (1'-z) acres across from the
$7,500.00.
~ begin construction within a reasonable
We will employee four (4) to six (6) people.
Thank you for your consideration.
Respectfully submitted,
~_~~
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Rod F'ckle
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o•
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCII,
CITY OF OWASSO
FROM: RODNEY J RAY
CITY MANAGER
SUBJECT: DISCLAIlVIER OF INTEREST IN FORECLOSURE MATTER
DATE: March 17, 1995
BACKGROUND•
This agenda item relates to a legal action taken by the federal government (Department of
"' Housing and Urban Development) against a property owner within the Owasso corporate city
limits. The action is to foreclose on a mortgage held by the government and is one of several
such actions we have received during the past two years. The City is included in the action as
a safety measure by the Justice Department to ensure all parties that may have interest in the
'~' property are served.
The staff has reviewed the case and determined there are no assessments or other interests in the
property on the part of the City. Additionally, the City Attorney has reviewed the filings and
has prepared a "Disclaimer of Interest" to be filed on behalf of the City as a recommended
course of action.
RECOMMENDATION:
The staff recommends the Council take action to authorize the City Attorney to file a disclaimer
in the matter of the United States of America vs R L "Pete" Perry, et al.
ATTACHMENT•
1. Disclaimer of Interest
f'~B ~ ~ 195 ;?>
€~. ~;;;
IN THE UNITED STATES DISTRICT COURT ~~~.,,j~,_;~ i~;.~~~,~;~ •;~-.-
FOR THE NORTHERN DISTRICT OF OKLAHOffiA.,...,,,,,,,__.,,_____r~~oe__w_
UNITED STATES OF AMERICA, )
Plaintiff, )
v.
R.L. PETE PERRY, et al.,
Defendants.
CC.ase No. 95-C-0102K
DISCLAIMER OF INTEREST
COMES NOW the Defendant, the City of Owasso, Oklahoma, by and
through its City Attorney, Ronald D. Cates, and hereby disclaims
any interest in and to the real property which is the subject
matter of this action; excepting herefrom any interest possessed
by said City in and to any dedicated public easement or right of
way.
Respectfully submitted,
Ronald D. Cates, OBA #1565
Suite 680, ParkCentre
525 South Main
Tulsa, Oklahoma 74103
(918) 582-7447
City Attorney for Defendant,
City of Owasso, Oklahoma
2780-294.doi 1
CERTIFICATE OF MAILING
I hereby certify that on the day of ,
1995, I mailed a true and correct copy of the above and foregoing
instrument, with first class postage thereon to Stephen C. Lewis,
United States Attorney, United States Attorney's Office, 3900 U.S.
Courthouse, Tulsa, Oklahoma 74103.
Ronald D. Cates
2780-294.doi 2
MEMORANDUM
' TO: THE HONORABLE MAYOR AND CITY COUNCII,
CITY OF OWASSO
FROM: RODNEY J RAY
CITY MANAGER
SUBJECT: REQUEST FOR ADMINISTRATIVE SERVICES AGREEMENT WITH
INCOG FOR THE NSP-CDBG GRANT
DATE: March 17, 1995
BACKGROUND•
' The City of Owasso has been notified of a CDBG grant award in the amount of $200,000 for
the purpose of assisting in the development of infrastructure needs for National Steak and
Poultry Inc. The grant requires compliance with certain federal laws and regulations, as well
as regular reports relating to expenditures and job tracking. Contract administration costs are
eligible expenditures of the grant proceeds.
' The INCOG staff (Mr Armstrong) has a demonstrated track record with the City of Owasso
through past CDBG administration contracts. The INCOG staff is familiar with the applicable
rules and regulations and has developed an excellent working relationship with the state agency
that oversees the disbursement of CDBG funds (ODOC).
INCOG has agreed to administer this CDBG grant for the City of Owasso and, in fact, has
~I! already worked with the staff to develop documents to meet some of the initial grant conditions.
Their charge for administering this contract (and follow-up job tracking reports) is $8569. The
contract cost is paid by the Department of Commerce from the grant proceeds and does not
require any matching funds from the City.
Based on past experience with the city staff monitoring and administering a CDBG contract, it
is my belief that employing INCOG for such duties is the most effective and "safe" way to
ensure contract compliance and avoidance of future problems.
RECOMMENDATION:
~ The staff recommends Council approval of an Agreement for Administrative Services between
the City of Owasso and INCOG providing for payment of $8569, and that the Mayor be
authorized to execute the Agreement.
ATTACHMENT•
~ 1. Correspondence from INCOG
2. Agreement from Administrative Services
I 1 ~ ~/ O G a voluntary association of local governments serving creek, Osage, ropers, tulsa and wagoner counties
201 west 5th street, suite 600•tulsa, Oklahoma 74103-4236.918/584-7526
March 1, 1995
Mr. Rodney J. Ray
City Manager
City of Owasso
207 South Cedar
Owasso, OK 74055
~ ~~~
~ 4tu`~~~ 1 ~l~~
f ~`
`` .
:_......: L.:
RE: 1NCOG Administrative Services Agreement for CDBG National Steak and
Poultry Grant
Dear Rodney,
Attached you will find an Administrative Services Agreement that you requested from
our agency. Please review the Agreement and, if it is suitable, place the Agreement on
the next City Council Agenda for consideration and approval.
We have been in contact with ODOC and believe that you should receive your CDBG
Contract within the next three to four weeks. If you have any questions please contact us.
Sincerely,
Andy Armstrong
Manager, Community and
Economic Development
AGREEMENT FOR
ADMINISTRATIVE SERVICES
This agreement between the City of Owasso, hereinafter referred to as
CITY, and Indian Nations Council of Governments, hereinafter referred to
as INCOG, for the consideration hereinafter set forth, agrees as follows:
TERMS OF AGREEMENT
This agreement shall become effective the day of March, 1995 and
shall be in effect through the 30th day of June, 1996. The agreement
period may be extended by mutual agreement of both parties.
SCOPE OF SERVICES
^ INCOG agrees to provide management assistance, oversight and
coordination as specified in Attachment "A", Scope of Services, herein
' made apart of this agreement for the purpose of carrying out the
"NATIONAL STEAK and POULTRY" Community Development Block
Grant (CDBG) project.
COMPENSATION TERMS AND CONDITIONS
^ The CITY agrees to pay INCOG as compensation for administrative
consulting services the total sum not to exceed Eight Thousand Five
Hundred Sixty-nine Dollars and 00/100 Dollars ------------($8,569.00).
~ INCOG will be reimbursed on a monthly basis and will charge the CITY
on a hourly basis for all services rendered. Such compensation shall be
paid for the performance of the Scope of Services as set forth in this
AGREEMENT.
_ Subject to appropriation and disbursement of funds by the Oklahoma
~ Department of Commerce, and upon presentation by INCOG of cost
vouchers and approval thereof by the CITY, the CITY will pay INCOG
for the work performed on the project. It is expressly understood and
agreed that in no event will the total compensation to be paid hereunder
~ exceed the maximum sum of Eight Thousand Five Hundred Sixty-nine
Dollars and 00/100 Dollars ------------($8,569.00) for all services rendered
unless written amendments to this AGREEMENT are entered into by the
~ parties hereto for modification of the Scope of Services as set forth in Part
I of this AGREEMENT. A final voucher for claims arising under this
AGREEMENT shall be submitted within thirty (30) days following the
termination or expiration of this AGREEMENT.
CONTRACT REPRESENTATIVES
The CITY's agreement representative, for the purposes of this agreement,
shall be Rodney Ray, City Manager. INCOG's representative, for the
purpose of this agreement, shall be Andy Armstrong.
GENERAL TERMS AND CONDITIONS
SUBCONTRACT NOTIFICATION PROVISION
None of the work and services covered by this agreement may be ,
subcontracted without written consent of the CITY. Any work or services
subcontracted hereunder shall be specified by written agreement and shall
be subject to each provision of this agreement. ~
MODIFICATIONS
This agreement is subject to modification as may be required by federal or
state law or regulations. The work and services to be performed and the
agreement period may be modified only upon written agreement of both
parties.
INTERPRETATION, REMEDIES
In the event of any disagreement between the CITY and INCOG, relative
to the provisions of this Agreement, the details of such disagreement shall
be forwarded to the legal counsels of both parties for review and d
recommendation and such recommendation forwarded to the City Council
who shall make the final determination. w
ASSIGNABILITY
INCOG shall not assign any interest on this Agreement, and shall not
transfer any interest in the same (whether by assignment or novation),
without prior written consent of the CITY thereto: Provided, however,
that claims for money by INCOG from the CITY under this Agreement
may be assigned to a bank, trust company, or other financial institution d
without such approval. Written notice of any such assignment or transfer
shall be furnished promptly to the CITY. "~
' SEVERABILITY CLAUSE
If any provision under this agreement or its application to any person or
circumstance is held invalid by any court of competent jurisdiction, such
invalidity does not affect any other provision of this agreement or its
application that can be given effect without the invalid provision or
application.
HOLD HARMLESS CLAUSE
~ INCOG shall, within limitations placed on such entities by state law, save
harmless the City of Owasso and the State of Oklahoma, its agents,
' officers, and employees from all claims and actions, and all expenses
defending same, that are brought as a result of any injury or damage
sustained by any person or property in consequence of any act or omission
~ by INCOG. INCOG shall, within limitations placed on such entities by
state law, save harmless the City of Owasso and the State of Oklahoma,
its agents, officers, and employees from any claim or amount recovered as
a result of infringement of patent, trademark, copyright, or from any
claim or amounts arising or recovered under Workers' Compensation Law
~ or any other law. In an agreement with any subcontractor or any agent for
INCOG, INCOG will specify that such subcontract or agents shall hold
~ harmless the City and the State.
PERSONNEL
a. INCOG represents that it has, or will secure at its own
expense, all personnel required in performing the services
under this agreement. Such personnel shall not be
employees of or have any contractual relationship with the
CITY.
' b. INCOG has full responsibility for payment of any workers'
compensation insurance, unemployment insurance, social
security, state and federal income tax and any other
' deductions required by law for its employees.
c. All of the services required hereunder will be performed by
INCOG or under its supervision and all personnel engaged
~ in the work shall be fully qualified and shall be authorized
or permitted under state and local law to perform such
services.
TERMINATION OF CONTRACT FOR CAUSE
' If, through any cause, INCOG shall fail to fulfill in a timely and proper
manner its obligations under this agreement, or if INCOG shall violate
any of the convenants, agreements, or stipulations of this agreement, the
CITY shall thereupon have the right to terminate this agreement by giving
written notice to INCOG of such termination and specifying the effective
date thereof, at least 3Q days before the effective date of such termination.
In such event, INCOG shall be entitled to receive just and equitable
1
compensation for any work satisfactorily completed hereunder. All
finished or unfinished documents, data, studies, surveys, drawings, maps,
models, photographs, and reports prepared by INCOG under this
agreement shall become the property of the CITY.
Not withstanding the above, INCOG shall not be relieved of any liability
to the CITY for damages sustained by the CITY by virtue of any breach
of the agreement by INCOG, and the CITY may withhold any payments to
INCOG until such time as the exact amount of damages due the CITY
from INCOG is determined.
TERMINATION FOR CONVENIENCE OF THE CITY
The CITY may terminate this agreement at any time by giving at least ~Q
days notice in writing to INCOG. If the agreement is terminated by the
CITY as provided herein, INCOG will be paid for the time provided and
all allowable expenses incurred up to the termination date.
CONFLICT OF INTEREST
No member of the governing body of the CITY, and no other officer,
employee, or agent of the CITY, who exercises any functions or
responsibilities in connection with the planning and carrying out of the
program, shall have any personal financial interest, direct or indirect, in
this agreement, and INCOG shall take appropriate steps to assure
compliance.
INTEREST OF CONTRACTOR AND EMPLOYEES ~
INCOG covenants that it presently has no interest and shall not acquire
interest, direct or indirect, in the project area or any parcels therein or any
other interest which would conflict in any manner or degree with the ~,
performance of its services hereunder. INCOG further covenants that in
the performance of this agreement no person having any such interest
shall be employed.
REPORTS AND INFORMATION ,~
INCOG, at such times and in such forms as the CITY may require, shall
furnish the CITY such periodic reports as it may request pertaining to the
work or services undertaken pursuant to the agreement, the costs and
obligations incurred or to be incurred in connection therewith and any
other matters covered by this agreement.
INCOG shall furnish the CITY narrative reports and financial reports
related to the elements of this agreement in the form and at such times as
may be required by the CITY or federal and state grantor agencies. "
COMPLIANCE WITH LOCAL LAWS
INCOG shall comply with all applicable laws, ordinances and codes of the
state and local governments, and INCOG shall save the CITY harmless
with respect to any damages arising from INCOG's performing any of the
work embraced by this agreement in violation of any applicable laws,
ordinances and codes of the state and local governments.
COPYRIGHT
' No reports, maps, or other documents produced in whole or in part under
this agreement shall be the subject of an application for copyright by or
on behalf of INCOG.
RECORDS AND AUDITS
INCOG shall assist the CITY in retaining all books, documents, papers,
records, and other materials involving all activities and transactions
related to this agreement for at least three (3) years from the date of
' submission of the final expenditure report or until all audit findings have
been resolved, whichever is later. INCOG shall, as often as deemed
necessary by the CITY, permit authorized representatives of the CITY
and its Auditors, the U.S. Department of Housing and Urban
Development, the Federal or State Department of Labor and the U.S.
Comptroller General to have full access to and the right to fully examine
all such materials.
INCOG shall comply with OMB circulars A-110 and A-122 requirements,
where applicable. The OMB circulars are hereby made a part of this
' agreement.
~ ANTI-KICKBACK REGULATIONS
INCOG shall comply with all applicable anti-kickback regulations
covered under Department of Labor Regulations 29 CFR, Part III.
EQUAL EMPLOYMENT OPPORTUNITY
INCOG shall comply with the following equal opportunity requirements
as part of CDBG assurances:
' a. INCOG will not discriminate against any employee or
applicant for employment because of race, creed, sex, color,
national origin, handicap or familial status. INCOG will
~ take affirmative action to ensure that applicants are
employed, and that employees are treated during
employment, without regard to their race, creed, sex, color,
national origin, handicap, or familial status. Such action
shall include, but not be limited to, the following:
Employment, upgrading, demotion, or transfer; recruitment
or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for
training, including apprenticeship. INCOG agrees to post
in conspicuous places, available to employees and
applicants for employment, setting forth the provisions of
this non-discrimination clause.
b. INCOG will, in all solicitation or advertisements for
employees placed by or on behalf of INCOG, state that all
qualified applicants will receive consideration for
employment without regard to race, creed, color, sex, or
national origin, handicap, or familial status.
INCOG will cause the foregoing provisions to be inserted
in all subcontracts for any work covered by this Agreement
so that such provisions will be binding upon each
subcontractor, provided that the foregoing provisions shall
not apply to agreements or subcontracts for standard
commercial supplies or raw materials.
d. INCOG will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations
and relevant orders of the Secretary of Labor.
e. INCOG will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the
rules, regulations and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to its books,
records and accounts by the CITY, the Oklahoma
Department of Commerce, the U.S. Department of Housing
and Urban Development and the Secretary of Labor for
purposes of investigation to ascertain compliance with such
rules, regulations and orders.
f. In the event of INCOG's non-compliance with the equal
opportunity clauses of this Agreement or with any of such
rules, regulations or orders, this Agreement may be
canceled, terminated, or suspended in whole or in part and
INCOG may be declared ineligible for further government
agreements m accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965,
or by rule, regulation, or order of the Secretary of Labor, or
as otherwise provided by law.
g. INCOG will include the provisions of paragraphs (a)
through (g) in every subcontract or purchase order unless
exempted by rules, regulations or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will
be binding upon each subcontractor or vendor. INCOG
will take such action with respect to any subcontract or
purchase order as the CITY, Oklahoma Department of
Commerce, the U.S. Department of Housing and Urban
Development may direct as a means of enforcing such
provisions including sanctions for non-compliance:
Provided, however, that in the event INCOG becomes
involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the
CITY, INCOG may request the United States to enter into
such litigation to protect the interest of the United States.
h. Housing and Community Development Act of 1974, Section 109
INCOG shall comply with Section 109 of the Housing and
Community Development Act of 1974, which provides that
no person in the United States shall on the grounds of race,
color, religion, national origin, age or sex be excluded from
participation, be denied the benefits of, or be subjected to
discrimination under any program or activity funded under
the Act.
i. Civil Rights Act of 1964
Under Title VI of the Civil Rights Act of 1964, no person
shall, on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or
activity receiving federal financial assistance.
j. "Section 3" Compliance in the Provision of Training, Employment and Business
Opportunities
~ 1. The work to be performed under this agreement is
on a project assisted under a program providing
'~' federal financial assistance from the Department of
Housing and Urban Development through the
Oklahoma Department of Commerce and is subject
to the requirements of Section 3 of the Housing and
~ Urban Development Act of 1968, as amended, 12
U.S.C. 1701 u. Section 3 requires that to the greatest
extent feasible opportunities for training and
employment be given lower income residents of the
project area and agreements for work in connection
with the project be awarded to business concerns
' which are located in, or owned in substantial part by
persons residing in the area of the project.
2. The parties to this agreement will comply with the
provisions of said Section 3 and the regulations
issued pursuant thereto by the Secretary of Housing
and Urban Development set forth in 24 CFR 135,
and all applicable rules and orders of the
Department issued thereunder prior to the execution
of this agreement. The parties to this agreement
certify and agree that they are under no
agreementual or other disability which would
prevent them from complying with these
requirements.
INCOG will send to each labor organization or
representative of workers with which he has a
collective bargaining agreement or other agreement
or understanding, if any, a notice advising the said
labor organization or worker's representative of his
commitments under this Section 3 clause and shall
post copies of the notice in conspicuous places
available to employees and applicants for
employment or training.
4. INCOG will include this Section 3 clause in every
subcontract for work in connection with the project
and will, at the direction of the applicant for or
recipient of Federal financial assistance, take
appropriate action pursuant to the subcontract upon
a finding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and
Urban Development 24 CFR Part 135. INCOG will
not subcontract with any subcontractor where it has
notice or knowledge that the latter has been found in
violation of regulations under 24 CFR Part 135 and
will not let any subcontract unless the subcontractor
has first provided it with a preliminary statement of
ability to comply with the requirements of these
regulations.
Compliance with the provisions of Section 3, the
regulations set forth in 24 CFR Part 135, and all
applicable rules and orders of the Department issued
hereunder prior to the execution of the agreement,
shall be condition of the federal financial assistance
provided to the project, binding upon the applicant
or recipient for such assistance, its successors and
assigns. Failure to fulfill these requirements shall
subject the applicant or recipient, its contractor and
subcontractors, its successors and assigns to those
sanctions specified by the grant or loan agreement
or agreement through which federal assistance is
provided, and to such sanctions as are specified by
24 CFR Part 135.
r AGE DISCRIMINATION ACT OF 1975
INCOG shall comply with the provisions of the Age Discrimination Act
of 1975, which prohibits discrimination on the basis of age in the delivery
of services and benefits supported by federal funds.
AMERICANS WITH DISABILITIES ACT OF 1990
~ ,.
INCOG shall comply to the extent required with the provisions of the
Americans with Disabilities Act of 1990 which prohibits discrimination
on the basis of disabled status in any publicly funded program and
activity.
REHABILITATION ACT OF 1973, SECTION 504
m INCOG shall comply with the provisions of Section 504 of the
Rehabilitation Act of 1973, which prohibits discrimination on the basis of
handicap in any programs or activities receiving federal financial
assistance.
Executed by: City of Owasso
ignature
Mayor
Date
ATTEST:
Signature
Type Name an Trt e
Executed by: INCOG
ignature
. Chairman
Date
ATTEST:
Signature
Type Name an Trt e
(CITY SEAL)
SCOPE OF SERVICES FOR GENERAL ADMINISTRATION
INCOG staff will perform the tasks listed below, keeping the CITY staff '-
and the Owasso City Council apprised of program progress during all
phases of the project. t
1. Conduct Public Hea_rin~
Prepare and publish public hearing notices, organize ~
presentation, and assist at any public hearings necessary (as
m the event of program amendment). ~
2. Environmental Review Record
A. Prepare and publish all public notices.
B. Notify appropriate authorities of project such as
State Historic Preservation Officer, State Oklahoma
Department of Environmental Quality,
Environmental Protection Agency.
C. Prepare an Environmental Assessment of the
prod ect.
D. Recommend a determination of finding and level of
impact to the Owasso City Council.
E. Prepaze and submit Request for Release of Funds
and appropriate supporting documentation.
3. Request for Payments and Monthly Repo s ~
A. Coordinate and prepare Requests for Payments to
order funds for payment of CDBG expenses.
B. Prepare and submit to ODOC all quarterly narrative
reports and quarterly contractor activity reports.
Assist the CITY in the preparation and submission
to ODOC of monthly expenditure reports.
C. Prepare initial Management Plan and submit to
ODOC.
i
i
i
4. Financial Management
A. Assist in the monitoring of funds on hand with
ODOC.
B. Assist in the development and supervision of
accounting procedures and maintenance of
supporting source documentation including
appropriate journals and ledgers.
C. Maintain additional financial records and property
inventories, as required.
D. Ensure that CITY staff conforms to generally
accepted accounting principles in bookkeeping.
~ 5. Project File
A. Establish and maintain project files which contain
all source documentation.
B. Demonstrate compliance with all applicable state,
local and federal regulations in files.
F 6. Citizen Participation/Equal ORportuni /Fair Housing
v,
A. Develop and coordinate a continuing citizen
'~ participation/equal opportunity planning process.
B. Maintain records of public hearings and other
~ opportunities for citizens to participate in program
~~ performance and completion.
~ C. Respond to and resolve equal opportunity
~ complaints.
D. Assist the CITY in implementing a Fair Housing
Program.
7. Residential Antidisplacement and Relocation Assistance Plan
~.
r In compliance with the Uniform Relocation Act a
Residential Antidisplacement and Relocation Assistance
~ Plan will be prepared and submitted for approval.
8. Water, Sewer, and Street Extensions
A. Engineering Selection
1. Obtain cleazance of selected engineer/firm from
ODOC.
2. Assist the CITY Engineer in prepazing the
engineering agreement.
B. Assist the CITY in preparing supplemental funding requests/applications,
if necessary
C. Bidding,'Construction Phase
1. Secure wage rates from state and include in bid
packet.
2. Assist the project engineer and/or CITY engineer in
preparation of construction bid documents and bid
process.
3. Assist the CITY in reviewing plans and
specifications to meet ODOC requirements.
4. Assist the project engineer and/or CITY engineer in
prepazation of construction agreements.
5. Obtain contractor and subcontractor cleazance from
state.
6. Assist in pre-construction conference.
7. Monitor contractor compliance with applicable
regulations, such as wage rates and equal
opportunity.
8. Secure construction contractor's weekly payrolls
and ensure compliance with wage rates.
9. Conduct on-site interviews and verify results with
payrolls.
10. Assist the project engineer and/or CITY engineer
with partial payment requests from contractor.
i~
i
i
9. Proiect Close-out
A. Prepare and submit ODOC close-out documents,
including Project Completion Report, Final
Expenditure Report, Final Wage Compliance Report
and Certificates of Completion.
B. Assist the CITY in the resolution of audit questions,
if any.
' ~oRnrmuM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: RODNEY J RAY
CITY MANAGER
SUBJECT: REQUEST FOR ADNHNISTRATIVE SERVICES AGREEMENT WITH
INCOG FOR A CDBGREHAB GRANT
DATE: March 17, 1995
BACKGRO
The City of Owasso has been notified of a CDBG grant award in the amount of $197, 800 for
the purpose of repairing and replacing wastewater lines in eligible areas of the city (south of
76th St). The grant requires compliance with certain federal laws and regulations, as well as
regular reports relating to expenditures of grant funds. Contract administration costs are eligible
expenditures of the grant proceeds.
The INCOG staff (Mr Armstrong) has a demonstrated track record with the City of Owasso
through past CDBG administration contracts. The INCOG staff is familiar with the applicable
rules and regulations and has developed an excellent working relationship with the state agency
that oversees the disbursement of CDBG funds (ODOC).
INCOG has agreed to administer this CDBG grant for the City of Owasso and, in fact, has
already worked with the staff to develop documents to meet some of the initial grant conditions.
Their charge for administering this contract (and follow-up job tracking reports) is $8600. The
contract cost is paid by the Department of Commerce from the grant proceeds and does not
require any matching funds from the City.
Based on past experience the city staff has had in monitoring and administering a CDBG
contract, it is my belief that employing INCOG for such duties is the most effective and "safe"
way to ensure contract compliance and avoidance of future problems.
RECONIlVIENDATION•
The staff recommends Council approval of an Agreement for Administrative Services between
the City of Owasso and INCOG providing for payment of $8600, and that the Mayor be
authorized to execute the Agreement.
ATTACHMENT:
1. Correspondence from INCOG
2. Agreement from Administrative Services
I 1 ~ ~/ O G a voluntary association of local governments serving creek, Osage, rogers, tulsa and wagoner counties
201 west 5th street, suite 600•tulsa,oklahoma 74103-4236.918/584-7526
March 1, 1995
Mr. Rodney J. Ray
City Manager
City of Owasso
207 South Cedar
Owasso, OK 74055
~~ F
fit; ~~~~~; 0 3 ~9~5
RE: INCOG Administrative Services Agreement for CDBG Sewer Rehabilitation
Grant
Dear Rodney,
Attached you will find an Administrative Services Agreement that you requested from
our agency. Please review the Agreement and, if it is suitable, place the Agreement on
the next City Council Agenda for consideration and approval.
We have been in contact with ODOC and believe that you should receive your CDBG
Contract within the next three to four weeks. If you have any questions please contact us.
Sincerely,
Andy Armstrong
Manager, Community and
Economic Development
MEMORANDUM
TO: RODNEY J. RAY
CITY MANAGER
t ~~
FROM: F. ROBERT CARR, JR., P.E. L`~
~, PUBLIC WORKS DIRECTOR
-/ -
SUBJECT: ACCEPTANCE OF 76TH STREET NORTH PHASE II
~, EVIPROVEMENTS (76TH STREET AND MAIl~
DATE: March 13, 1995
BACKGROUND:
Construction of improvements at the subject intersection was started on August 25, 1994.
Empire Construction was awarded a contract for milling/resurfacing, sidewalk, and overlay
construction for the improvements. APAC-Oklahoma, Inc. had the contract to provide a new
' lane to South Main, new curbing, reconstruction of driveways, new signalization, and
striping.
j As a result of delays in moving utilities and existing signalization attached to the pole at the
southeast corner of the intersection, Council approved a change order for increased time to
by both contractors. The time of contract was extended by 100 calendar days to January 30,
1995. No additional costs in the project were included as a result of the time extension.
A Final Punch List of work items remaining to be completed on the intersection
improvements was prepared by Public Works staff on January 31, 1995. The punch list
included 7 items needing to be completed by Apac-Oklahoma, Inc. and 1 item by Empire
construction.
WORK ITEMS COMPLETION AND BENEFICIAL USE:
Empire Construction completed the work item included on the Punch List on February 1,
1995. This item was not considered significant enough to hold up beneficial use of the
project.
All items needed to be performed under the Apac contract were completed on February 6th.
Due to the nature of some of the items, beneficial use was defined by staff to be upon
completion of those items that could affect driving safety through the intersection.
Page 2
76th Street North Phase II Improvements
Therefore, staff believed that beneficial use was not obtained until such time as signs alerting
drivers to yield for a left turn on a green light (R10-12 signs) were installed. The
intersection was operational by January 30, 1995, however.
LI UIDATED DAMAGES:.
When Council approved the Change Order for time extension, the signed documentation was
forwazded to Apac on January 9, 1995. The correspondence indicated the intent for the City
of Owasso to assess liquidated damages for failure to complete the work in conformance with
the specified time.
Under the terms of the contract, Liquidated Damages can be assessed at $500 per day.
Completion of the Punch List required 7 calendaz days (from January 31 to February 6).
Total liquidated damages aze calculated as $3,500. The actual date of beneficial use could be
a point of contention.
A follow-up letter was sent to Apac on February 20, 1995 asking for documentation why the
completion date was not met. On February 27th, Apac responded indicating liquidated
damages should be waived.
CONCESSIONS:
Construction of the improvements to the intersection has been affected by design deficiencies,
field changes and construction delays. In the interest of finalizing the project, staff believes
that the issues pertaining to liquidated damages is relatively insignificant with respect to
closing out the project.
Following completion of the roadway striping, staff observed the need to provide additional
arrows in the travelway in advance of the intersection. Staff believes that 9 additional
arrows and some lane striping in the travelway aze needed to direct traffic. These mazlcings
should have been included in the project design. The approximate cost is $450-500 for
thermoplastic arrows and lane striping.
As a matter of concession and to resolve finalizing the contract, staff asked Apac to consider
offering to have the arrows and striping applied. Apac has agreed to the installation.
RECOMMENDATION:
Staff recommends Council acceptance and authorization of final payment for the 76th Street
North Phase II Improvements contracts with Empire Construction, Inc. and Apac-Oklahoma,
Inc. Final payment to Apac-Oklahoma is authorized upon completion of additional travelway
arrows and lane striping. Liquidated damages will not be assessed to either contractor.
i~
Page 3
76th Street North Phase II Improvements
ATTACHMENTS:
1. Change Order No. 2
2. Final Punch List
3. Letter dated January 9, 1995 to Apac re: Change Order No. 2
4. Agreement dated June 7, 1994 between Apac and City of Owasso for 76th Street
North Phase II Improvements
5. Letter dated February 20, 1995 to Apac re: liquidated damages
6. Letter dated February 27, 1995 to City re: liquidated damages response
CHANGE ORDER
PROJECT:
TO CONTRACTOR:
APAC-OKLAHOMA, INC.
P. 0. BOX 580670
TULSA, OK 74158
CHANGE ORDER NUMBER: 2
DATE: December 29, 1994
CONTRACT DATE: June 7, 1994
CONTRACT FOR: Intersection Improvements
The Contract is changed as follows:
.r
Not valid until signed by the Owner and Contractor
The original Contract Sum was $ N/A
Net change by previously authorized Change Orders $ N/A
The Contract Sum prior to this Change Order was $ N/A
The Contract Sum will be (increased) (decreased) (unchanged) by this
Change Order in the amount of S N/A
The new Contract Sum including this Change Order will be S N/A
The Contract Time will be (increased) (decreased) (unchanged) by
The date of Substantial Completion as of the date of this Change
Order therefore is
JA~*NARY 30, 1995
NOTE: This summary does not reflect changes in the Contract Sum Time which have been authorized by Construction
Change Directive.
APAC-OKLAHOMA. INC.
CONTRACTOR
City of Qwasso
OWNER
3605 N0. 129TH E AVE
ADDRESS
TULSA, OK 74116
B Y _~_
~1cRRY ;~~r•~
;,~,-~ _
_~,-.
DATE
~ loo ~ days. ~
207 S. Cedar
ADDRESS
7~
BY
DATE ~rj
76TH STREET NORTH AND MAIN STREET INTERSECTION IlVIPRO`~~NiF.N1S
FINAL PUNCH LIST
Location: 76th & Main
Date of Inspection: January 31. 1995
Contractor: Apac-Oklahoma
Date Completed
1. Left turn signal lights not functional. ~- l -- 9 S
2. Backfill area south of Owasso Glass to 3rd Street. ~ "' 3 ~ ' 9 S
3. Fine grade area north of bank from signal pole west. l _ 31 ~ 9S
4. Repair asphalt around the radius on the northwest and northeast corner. I --31-qS
5. Install street name signs on mast arms. Z _ ~, - qs
6. Install R10-12 traffic signal signs on each mast arm. ~ _ ~ - q 5
Contractor: Empire Construction
1. Fine grade areas around new sidewalk. ,~ I _ ~s
City of Owasso
207 SOUTH CEDAR u~°°w.~
~
P.O. BOX 180 a
--_ =~
~
OWASSO, OKLAHOMA ~
rr t~.
74055 l ,
'i
~, ." ~"
5
January 9, 199
Mr. Jerry Kramer
APAC Oklahoma, Inc.
P.O. Box 580670
3605 N.129th E. Ave.
Tulsa, OK. 74158
RE: 76TH STREET NORTH PHASE II IIVIPROVEMENTS
Dear Mr. Kramer:
(918) 272-2251
FAX. (9181 272-4999
Attached is a copy of Change Order Number 2 that was approved by City Council on
January 3,1995, extending the project by 100 calendar days to January 30,1995. Special
attention to Section 108.02 (pertaining to Time and Progress) in the General Conditions of
the Contract Documents and Specifications should be noted.
Time is of the essence in completing this work and the City of Owasso expects the work to
be complete as agreed in this Change Order. Therefore, in conformance with Section
108.02C of the General Conditions, the intent is for the City of Owasso to assess liquidated
damages for failure to complete the work after the specified time.
If you have any questions please contact me at 272-4959.
Sincerely,
Owasso Public Works Department
F. Robert Carr, Jr., P.E.
Public Works Director
SECTION 00300
AGREEMENT
THIS AGE is dated as of the S~ day of ,19~,
by and between CITY OF OWASSO
(hereinafter called C-WNER)
and
called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The Work is generally described as follows:
76TH STREET NORTH PHASE II IlVIPROVE~1rH'.NTS
The project for which the Work under the contract documents may be the whole or only a part,
is described as follows.
ARTICLE 2. ENGINEER
The Project has been assigned to the Project Manager, who is hereinafter called ENGINEER and
who will assume all duties and responsibilities and will have the rights and authority assigned
to ENGINEER in the Contract Documents in connection with the completion of the Work in
~ accordance with the Contract Documents.
ARTICLE 3. CONTRACT TII1~iE
3.1 The Work will be substantially completed on or before t%[~ 22 ,
19~, and completed and ready for final payment in accordance with the General Conditions
on or before ~~hJ '~ ~ 19~` .
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
substantially complete within the time specified in paragraph 3.1 above, plus any extensions
thereof allowed in accordance with the General Conditions. They also recognize the delays,
AGREEMENT
0494 00300 - 1 of 14
expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss
suffered by OWNER, if the Work is any such proof, OWNER and CONTRACTOR agree that
as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Five
Hundred Dollars ($500.00) for each consecutive calendar day that expires after the time specified
in paragraph 3.1 for substantial completion until the Work is substantially complete.
ARTICLE 4. CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance ,
with the Contract Documents in current funds the lump sum amount that follows:
/Uintfu_- QPtlCd1 t~wus.w.~ one hundv ~ t~~~wt~- at~tn gy-rl ~e~~ 9rJ 12x1 so~,~
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with the Supplemental
Conditions on the Pay Estimate Forms included as ExhibiE "A" to this Agreement. Applications
for Payment will be processed by OWNER as provided in the Supplemental Conditions. „^
5.1 Progress Payments. OWNER shall make progress payments on account of the '
Contract Price on the basis of CONTRACTOR'S Applications for Payment in accordance with
the Owasso Public Golf Authority's Payment Schedule included as Exhibit "B" to this Agreement
during construction as provided below. All progress payments will be on the basis of the
progress of the Work.
5.1.1 Prior to Substantial Completion progress, payments will be in an amount equal '
to 90 % of the Work completed.
5.1.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to increase ,
total payments to CONTRACTOR to 95 % of the Contract Price, less such amounts as OWNER
shall determine in accordance with the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the work in accordance
with the General Conditions, OWNER shall pay the Contract Price.
ARTICLE 6. CONTRACTOR'S REPRESENTATIONS
^
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
6.1 CONTRACTOR has familiarized himself with the nature and extent of Contract
Documents, Work, locality, and with all local conditions and federal, state and local laws,
^
AGREEMENT ,
0494 00300 - 2 of 14
ordinances, rules and regulations that in any manner may affect cost, progress or performance
of the Work.
6.2 CONTRACTOR has studied carefully all reports of investigations and tests of
subsurface and latent physical conditions at the site or otherwise affecting cost, progress or
performance of the work which were relied upon by OWNER in the preparation of the Drawings
' and Specifications and which have been identified in the Project Specifications.
' 6.3 CONTRACTOR has made or caused to be made examinations, investigations,
tests and studies of such reports and related data in addition to those referred to in paragraph 6.2
as he deems necessary for the performance of the work at the Contract Price, within the
' Contract Time and in accordance with the other terms and conditions of the Contract documents;
and no additional examinations, investigations, tests, reports or similar data are or will be
_ required by CONTRACTOR for such purposes.
6.4 CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground Facilities at or
' contiguous to the site and assumes responsibility for the accurate location of said Underground
Facilities. No additional examinations, investigations, explorations, tests, reports, studies or
~ similar information or data in respect of said Underground Facilities are or will be required by
CONTRACTOR in order to perform and furnish the work at the Contract Price within the
Contract Time and in accordance with the other terms and conditions of the Contract
Documents, including of the General Conditions.
6.5 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of the Contract Documents.
6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the written resolution thereof
~ by OWNER is acceptable to CONTRACTOR.
6.7 CONTRACTOR has obligated himself to the OWNER to be responsible for the
workmanship, labor and materials used in the project for one (1) year after the project has been
accepted by the OWNER.
6.8 CONTRACTOR understands that he will be exempt from all sales tax on materials
and other items necessary for the completion of the project. The OWNER has issued him a
Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement.
AGREEMENT
0494 00300 - 3 of 14
ARTICLE 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the
following:
7.1 This Agreement (pages 1 to 14 inclusive).
7.2 Exhibits "A", "B" and "C" to this Agreement.
7.3 Advertisement for Bids (Section 00100).
7.4 Instructions to Bidders (Section 00120).
7.5 Performance Bond (Section 00410).
7.55 Maintenance Bond (Section 00420).
7.6 Statutory Payment Bond (Section 00430).
7.7 Notice of Award (Section 00510).
7.8 Notice to Proceed (Section 00520).
7.9 Change Order (Section 00600).
7.10 General Conditions (Section 00700).
7.11 Supplementary Conditions (Section 00800).
7.12 Project Specifications (Section 00900).
7.13 Special Provisions (Section 00920).
7.14 Project Drawings, consisting of Sheets 1 to 22 ,inclusive, and Standard
Drawings.
7.15 Addendum Numbers to ,inclusive.
7.16 CONTRACTOR'S Bid
7.17 Documentation submitted by CONTRACTOR prior to Notice of Award (pages
to inclusive).
7.18 Any Modification, including Change Orders, duly delivered after execution of
Agreement.
AGREEMENT
0494 00300 - 4 of 14
There are no Contract Documents other than those listed above in this Article 7. The Contract
Documents may only be altered, amended or repealed by a Modification (as defined in the
General Conditions).
ARTICLE 8. MISCELLANEOUS
8.1 Terms used in this Agreement which are defined in the General Conditions shall
have the meanings indicated in the General Conditions.
' 8.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically but without limitation, monies that may become due and
monies that are due may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law) and unless specifically stated to the contrary in
any written consent to an assignment, no assignment will release or discharge the assignor from
any duty or responsibility under the Contract Documents.
8.3 OWNER and CONTRACTOR each binds himself, his partners, successors,
' assigns and legal representative to the other party hereto, his partners, successors, assigns and
legal representatives in respect to all covenants, agreements and obligations contained in the
_ Contract Documents.
IN WTI'NF,.SS WHEREOF, the parties hereby have signed this Agreement in triplicate.
One counterpart has been delivered to CONTRACTOR, the remaining two belong to OWNER.
All portions of the Contract Documents have been signed by OWNER and CONTRACTOR.
This Agreement will be effective on 19~.~.
' OWNER:
J BY
(SEAL)
ATTEST:
TITLE: ~,~ /1 /~ ~~' .rnl.,,.,~~~n ~~nJ
CONTRACTOR:
BY ~-
VICE PRESIDENT
(SEAL)
ATTEST:
pc~~ A. DENAKDIS
TITLE: SECRETARY
J Address for giving notices:
J
_i
i
AGREEMENT
0494 00300 - 5 of 14
I'^
City o f Owasso
207 SOUTH CEDAR Ate"°°"~\
s
`'
P.O. BOX 180 t
~. --•
~~
OWASSO. OKLAHOMA ~
74055 1~ i
.,
February 20, 1995 ~~ ~` ~~"'
Mr. Jerry Kreymer
APAC Oklahoma, Inc.
P.O. Box 580670
3605 N.129th E. Ave.
Tulsa, OK. 74158
RE: 76TH STREET NORTH PHASE II Il1dPROVEMENTS
Dear Mr. Kreymer:
(918- 272-225 t
FAX. (9 t 81 272-4999
On January 3,1995, Change Order Number 2 was approved by the City Council extending
the project by 100 calendar days to January 30,1995. A final punch list was prepared
January 31, 1995 (copy attached). Our records show on the punch list that all pay items
were not completed until February 6,1995.
At this time, the City of Owasso is considering accessing liquidated damages prior to
processing final payment according to Article 3, Paragraph 3.2 (pertaining to Liquidated
Damages) in the Agreement of the Contract Documents and Specifications. If you would
like to comment on this proposed action, a letter documenting why the completion date was
not met is required within 5 working days following receipt of this letter.
If you have any questions, please contact me at 272-4959.
Sincerely,
OWASSO PUBLIC WORKS DEPARTII~NT
fi ~~
F. Robert Carr, Jr., P.E.
Public Works Director
Attachments:
Change Order
Final Punch list
December 9, 1994 letter
cc: City Attorney
February 27, 1995
City of Owasso
207 S. Cedar
Owasso, Oklahoma 74055
Attn: Mr. Carr
~ ~~~ . ~
`, FEB 2 7 1995
~:
:.;~u`~t.~L1 uLJ
RE: 76TH STREET NORTH AND MAIN ST. INTERSECTION IMPROVEMENTS
Dear Mr. Carr:
In response to your letter dated February 20, 1995, concerning
the above referenced project, we do not feel that accessing
liquidated damages is in order or is equitable for the following
reasons:
1. Weather delays not applied for
' 12-08-94 Low 32° High 38° Rain 0.38"
12-09-94 Low 30° High 38°
12-16-94 Rain 0.45"
12-23-94 Low 31° High 36°
12-31-94 Rain 0.16"
01-03-95 Low 17° High 31°
' 01-04-95 Low 13° High 29°
01-05-95 Low 16° High 37°
01-06-95 Low 23° High 38°
01-07-95 Low 20° High 37°
01-15-05 Rain 0.20"
01-18-95 Rain 0.22"
~ 01-26-95 Rain 0.29"
These weather delays impacted the placement of concrete,
asphalt, or thermo-plastic stripin g.
~ 2. We asked on several occasions during the final week of
January what else was needed to complete the project,
and the items on the punch li st were given to us
' verbally, one at a time. We asked for a final
inspection several times and until we received the
~, final punch list on February
had been a final inspection. 22, did we know that there
At the time that I
requested a final inspection, we felt as though the job
1
~ APAC-OKLAHOMA, INC.
Standard Industries Division
' P.O. Box 580670 Tulsa, Oklahoma 74158 (918) 438.2020
City of Owasso
Mr. Carr
February 27, 1995
was substantially complete and that the time had
stopped even though that in the agreement SC 1.5
paragraph 12, says that we would receive a list of
items requiring completion or correction.
3. We also feel that any liquidated damages be waived
because of additional work requested but not billed nor
was any additional time requested.
Your consideration on this matter is appreciated and if we can be
of further service, please feel free to call.
Sincerely,
APAC-pO~Kf~LAHOMA, INC.
Michael E. Emmons
Contract Administrator
MEE/gk
emmons.95\76stimp.car
2
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCII,
CITY OF OWASSO
FROM: RODNEY J RAY
CITY MANAGER
SUBJECT: RELEASE OF GRANT FUNDS FOR INDUSTRIAL
INFRASTRUCTURE GRANT (N5P)
DATE: March 16, 1995
INTRODUCTION:
A series of steps must be taken in order for the Oklahoma Department of Commerce (ODOC)
to release the Community Development Block Grant (CDBG) funds for the infrastructure
improvements connected with the NSP site development. The same series of steps was
completed when the staff finalized the Woods Precision Products Inc loan package and the Max
Buchanan project. Each step requires formal action by the Council, however these steps are
generally considered to be "house cleaning" type actions.
' First, an Environmental Review Record must be prepared. This record consists of a request for
review being sent to various state and federal agencies and a documentation of their responses
in the form of a statutory checklist and an environmental assessment. The INCOG staff has
prepared the record as a part of their administration services contract with the City. They have
determined that this project will have no significant effect on the environment. As a result of
this determination, the Council is in a position to designate the Mayor as the certifying officer
to execute the Environmental Certification and Release of Funds Request and to make finding
of No Significant Environmental Impact and Exemption of Administrative and Engineering
Services.
In addition, the Council must approve (1) anAnti-Displacement Plan, even though no
~ displacement will occur as a part of this project, and (2) a Management Plan (Project Schedule)
outlining the timing of events that must occur during the life of the project. INCOG staff has
prepared these documents as a part of their contract with the City.
It is anticipated that future actions will have to be taken by the Council to complete other
requirements for "Release of Funds" that are not directly related to environmental concerns.
However, at this point the following is a specific explanation of each current request by agenda
item.
RELEASE OF GRANT FUNDS (NSP)
March 16, 1995
Page 2
AGENDA ITEM #17
DESIGNATION OF MAYOR AS CERTIFYING OFFICER
BACKGROUND:
Federal and state regulations require that each grant recipient designate a certifying official. 'a
This official is typically the mayor when the recipient of a grant is a city. The certifying official
(through use of the staff and contractually with INCOG) assumes responsibility for the
environmental review process, making findings, and signing certifications.
RECOMMENDATION:
The staff recommends that the Council designate the Mayor as the City's certifying official for
documents required by the CDBG Grant and authorized by the Council.
AGENDA ITEM #18
NO SIGNIFICANT IMPACT ON THE ENVIRONMENT FINDING
BACKGROUND:
This is a finding that the "project is not a major federal action which will have a significant ~
effect on the human environment and that a request to the State for the release of project funds
will not require an Environmental Impact Statement". In order to make this finding, it is
necessary to complete a Statutory Checklist, an Environmental Assessment Checklist, and
maintain documentation of the Environmental Review Record information. All of these have ,~
been completed by INCOG, reviewed by the staff, and the documentation has been placed in the
project's permanent file. Attached is a copy of the Statutory Checklist completed by Andy
Armstrong of the INCOG staff.
RECOMMENDATION•
The staff recommends that the Council approve the INCOG reports and finding of no significant
impact on the environment as a result of the NSP infrastructure project and that the Mayor be
authorized to execute such document.
' RELEASE OF GRANT FUNDS (NSP)
March 16, 1995
~ Page 3
AGENDA ITEM #19
ADMINISTRATIVE AND ENGINEERING SERVICES EXEMPTION
BACKGROUND•
~ This finding is that the administrative and engineering services for the Project (NSP
Infrastructure Grant) are exempt from the requirements of the National Environmental Policy
Act (NEPA) of 1969. INCOG has reviewed the federal regulations and determined that these
activities (administration and engineering) are identified by 24 CFR, Part 58 as being activities
which are exempted from NEPA. Attached is the Finding of Exemption signed by Andy
' Armstrong.
RECOMMENDATION:
The staff recommends Council approval of the certification of exemption of administrative and
engineering services from the requirements of NEPA and that the Mayor be authorized to
execute such documents.
AGENDA ITEM #20
EXECUTE AN ENVIRONMENTAL CERTIFICATE
BACKGROUND:
~ The Environmental Certification is a document which identifies that the City has carried out its
responsibilities for environmental review in accordance with all state and federal regulations and
that it has been determined that a full Environmental Impact Statement is not required. In
simple terms, it states that we have completed the preceding three items (see attached
W Environmental Certification).
RECOMMENDATION:
The staff recommend the City Council authorize the Mayor to execute the Environmental
~ Certificate as required by grant conditions.
r
RELEASE OF GRANT FUNDS (NSP)
March 16, 1995
Page 4
AGENDA ITEM #21
REQUEST FOR RELEASE OF FUNDS '~
BACKGROUND•
The Request for Release of Funds is a document that identifies that the City has completed all
the requirements of the grant, whether they are state, federal or local grant conditions. This
document has been completed by INCOG and is included as an attachment.
RECOMMENDATION•
The staff recommends that the council authorize the Mayor to execute a "Request for Release '~
of Funds" as required by grant conditions for the NSP Project. „~
AGENDA ITEM #22
ANTI-DISPLACEMENT PLAN
BACKGROUND:
The Anti-Displacement Plan addresses the actual or unexpected demolition of low/moderate
income dwelling units. There will be no demolition of dwelling units because of the construction
of this project. However, it is required that a plan be approved which states that demolition is
not planned and, if unexpected demolition should occur, all federal regulations will be followed
to mitigate any adverse impact (see attached Residential Anti-Displacement and Relocation
Assistance Plan).
RECONIlVIENDATION•
The staff recommends Council adoption of anAnti-Displacement Plan for the NSP project and
that the Mayor be authorized to execute such plan document.
AGENDA ITEM #23
MANAGEMENT PLAN
BACKGROUND:
The Management Plan is a document that addresses the scheduling of the funding and
construction process. It identifies approximate completion dates for each step of the process
from Release of Funds to Project Completion and Document Closeout. The attached plan
s
~ RELEASE OF GRANT FUNDS (NSP)
March 16, 1995
}~ Page 5
consists of two parts; Part I is a written schedule and Part II is a graphic schedule. The plan
was prepared by INCOG and reviewed by the staff, and is suitable for adoption.
~.
RECONIlVIENDATION:
The staff recommends Council approval of the required Management Plan and that the Mayor
be authorized to execute any documents relating to that plan.
M
ATTACHMENTS:
~~
1. Memorandum from Andy Armstrong dated March 15, 1995
2. Statutory Checklist
3. Finding of Exemption
~ 4. Environmental Certification
5. Request for Release of Funds
~~ 6. Residential Anti-Displacement and Relocation Assistance Plan
7. Management Plan - Part I & Part II
i~
i~
~~
i~
i~
1
IC
I~
f'1Rfl 15 ' y5 1 a ~ :~dHM 1 fVCOG
P.~
I ~~ ~ a voluntary associatiOrl of local governments servSng creek, Osage, rogers, tulsa and wagoner counts®s
G
201 west 5th street, suite 600•tulsa, Oklahoma 74I03.423b•918/584-752b
TO: OWASSO CITY COUNCIL
FROM: INCOG STAFF
SUBJECT: ENVIRONMENTAL REVIEW RECOItA FOR NSP CDBG ED
PROJECT
DATE: MARCH 15,1995
The INCO(~ Staff has started an Environmental Review Record for the NSP CDBC3 ED
Project by sending aut letters about the project to several Federal and State Agencies.
These agencies, i.e., Department of Environmental Quality, Oklahoma Archeological
Survey, etc., have oversight responsibilities for several Federal Statutes related to the
environment. Responses to those letters have been received and a Ending of no
significant effect in regard to the effect of the project on the environment can be made
and a finding has been prepared and included for your use. You will also need to make a
finding of exemption in regard to administration and engineering services. Therefore, it
is requested that the City Council take the following actions:
1, Designate the City's Chief Executive Officer, the Mayor, as the certifying officer
under the National Environmental Policy Act of 1969 to assume overall
responsibility for the environmental review process.
2. Make a Finding of No Significant Impact on the Environment for the NSP CDBG
ED Project.
3. Make a Finding of Exemption for Administrative and Engineering Costs for the
NSP CDBG ED Project.
4. Authorise the Mayor to sign the Lnvironmental Certification and Request for
Release of Funds Request.
Additional actions that the City Council must take to request a Release of Funds include
the approval of an antidisplacement plan for the project even though no displacement will
occur and the approval of a management plan for the timing of events that must occur
i'IHK 17 `77 lb~.~I~HI'I llVl.,Vb P.3
during the life of the project. The TNCO(~ staff recommends that the City Council take
the following actions:
5. Approve an AntidisplacementPhn for the NSP CDBG ED Project.
~, 6. Approve a Management Plan for the NSP CDBG ED Project.
t
I~
MGR 16 'y5 b~~4yh'M iNCO~ p.2
Eaviroameatsl
~seumeat
Statutory ChecWist
PraJect Name sad identtn¢atioa No. City of O~vasso 6592 ED 87 (iiSP}
Area o! 8tstutory•Re~ulotory
Compliance
iCitatioaa for ~pp~iteple :;tattttes 1 ~ hoviQe
otsettpli;ttoe
ana ~e~ttlations are ptiatted on ~~
fAe tNcic o! t;Ais CbOCltlitt. Full
di~~oa of aaclt is provided in ~ ~ ~ ~ I1dd,tioae! aria
to S) hty be aaached
Historic Properties No effect; See attached Hi st
X Properties Memo and SHPO
letter
FloodpJata MaruEement
No effect; See attached
X X Floodplain ManaDement Memo
Wetlutds Protectjoe ~
I No effect; See attached
X
~ i , Wetlands Protection ~1emo
Noise i ' No effect; See attached Memo
~ X f ~ and DEQ letter
Maoas;de Ha~rda i X i ~ No effect; Plot appl i cabl e
TAerinal1Ex losiv s
p e Kat,u4
Airpon Cleu Zones
X No airports in immediate
vicinity of the pro3ect
Mr Qualiq~ X Air quality not affected;
See air quality ~iemo
Water Quality - Agttilers X Dater quality not affected;
See attached Memo
C0'i~'~°~ ~JSP location in Owasso is a
~~
Zone Mett:~ernent X inland area not in a coasta
NSP location is an inland a
Gt~stal
barrier Resource: X not in a coastal barrier zc
EnBansered t;pecies X No effect, See attached
species Memo and Fish and 1~
life res onse.
far~ands ptp~ppp Construction ac ~v ty w~
X take place on land already
dedicated to current use.
R'tld and S¢etuc Riven aird Creek is not desinnate
~ X ~ as a wild and scenic river.
ronE
ea
e
1 d--
,~
•AlL:l1 1~1~Pi! jn+T f~IpYliW PCNVOS ti.Q PRO iricn
P1HK 16 ' 95 82 ~ SaPM i fVCVG
P.3
Statutor~• Checklist
i
i
Permits, Licenses, Fvrms o!
Compliances Under Other Laws
(Federal, State and local laws)
PrOJlCt Nanfe •nd IdeetlAcitlon :1'0. City of Owasso 6592 ED a7 ('t~SP)
~ /
/~ ~
OTK~R AREAS Of STATLTOR}' M'D ~
RFGt'UTOR}' COMPtI~It'CE ~ ~ j
APPIJCA~LE TO PROJECT ~ ~
+L ~/
hovide eos~
lu
~
. ~ /
~ p
rue
~
~ 000YtiYRYS~OR
'~ '
~
~
/~ ~ /
' AddiuoMl Mneei~
"~
~
~
j ! t
~ .
/
ts~y be aetichea
/
~'i:er Qual~t> ~
X I
( ~ i Activity wi]1 not affect water
' '
~ ! f quality; See attached Memo
Sold v-'~a:e D,spou! X I 'Construction debris only; No
• ir?pact; See attached Memo
R16A snd V1'aldlife X No effect; See USFI~S 1 attar.
5~:a or Lora! 5~stutes
X 4 ~ The City wi 11 comp y wi th ega
~ I
!to be atdaed py local ~
~ ~ ordinances and review requiretnen
corr~muniq•) ~ ~ ~ +
I "~
~ i f
I
I i i
~ I
i
4
kepared )l:s
Dtce
Tlti* Manager, Corrnuni ty and Economic
~eyel oomer>t-
s.
MAR 16 '95 02~50PM INC06
MEMORANDUM FOR DOCUMENTATION OF
ENVIRONIV~ENTAL REVIEW RECORD INFORMATION
PROJECT: CITY OF OWASSO
SUBJECT: WATER QUALITY, FISH AND WILDLIFE, SOLID WASTE, NOISE,
MAN-MADE HAZARDS, ENDANGERED SPECIES
DATE: MARCH I5, 1995
The following review determinations have been made:
Water ualitY No impact (opportunity to Comment letter sent}
Fish and Wildlife No impact (Opportunity to Comm®nt letter sent}
Solid sate D~nosal No impact (Opportunity to Comment letter s®nt)
~iffe No impact (Opportunity to Comment letter sent)
Nv impact {Opportunity to Comment letter sent)
Fg~~eredrSnecied No impact (Opportunity to Comment letter sent)
P.4
TITLE AND ORGANIZATION SIGNATURE
i
i
I
TITLE AND ORGANIZATION
1~OSi
I'IHK lb "j~ bC~:~bYl"1 lIVI,Vb
MEMORANDUM FOR DOCUMENTATION OF
EIWIRON1VfENTAL REVIEW RECORD INFORMATION
PROJECT: CITY OF OWASSO-NSP ED INFRASTRUCTURE EXTENSION
SUBJECT: HISTORIC PRESERVATION
DATE: MARCH 15, 1995
The following review determination has been made:
P.5
A review of sites and/or buildings which are potentially historically significant and are
eligible for inclusion in the National Register was completed for the proposed corridor
through which the infrastructure extensions will be constructed and also in the industrial
area which will receive service. A determination at the local level was made that no such
sites and/or buildings would be affected by the project.. Section 106 of the National
Historic Preservation Act requires review of the project by the State Historical Society,
and appropriate correspondence has been sent to the society. A response was received
March b, 1995.
SIGNATURE
f~n~gtlJitms.~ ~•
f'1HR 16 ' 95 d2 ~ SbPM I NCOG
MEMORANDUM FOR DOCUIVIENTATION OF
ENVIRONMENTAL REVIEW RECORD INFORMATION
PROJECT: CITY 01~ OWASSO-NSP ED INFRASTRUCTURE EXTENSION
SUBJECT: AIR QUALITY
DATE: MARCH 15, 1995
The following review determination has been made:
P.6
A review of Section 176(c){d) of the Clean Air Act indicates a need for compliance with
a State Air Quality control Implementation Plan where such a plan has been approved.
The State of Oklahoma does have such a plan, and a review of that plan indicates that the
proposed project is in compliance.
TITLE AND ORGANIZATION SIGNATURE
f~I~u°~~Qt~snaeN~.
MHK 16 '~5 d~~51PM IfVCOG
MEMORANDUM FOR DOCUMENTATION OF
ENVIRONMENTAL REVIEW RECORD INFORMATION
PROJECT: CITY OF OWASSO-NSP ED INFRASTRUCTURE EXTENSION
SUBJECT: COASTAL ZONE MANACtEMENT
DATE: MARCH 15, 1995
The following review determination has been made:
The area affected by the proposed project does not lie within a coastal zone or a coastal
state and, therefore, the requirements of the Coastal Zone Management Act are not
applicable.
TITLE AND ORGANIZATION
P.7
SIGNATURE
~1.~ ai N~
r~rHK lb 'yb b~~51Nrn irv(;VG
MEMORANDUM FOR DOCUMENTATION ON
ENVIRONMENTAL REVIEW RECORD INFORMATION
PROJECT: CITY OF OWASSO-NSP INFRASTRUCTURE EXTENSION
SUBJECT; WETLANDS PROTECTION
DATE: MARCH 1 S, 1995
The following review determination has been made:
Consultation with appropriate State and Federal agencies has resulted in a "no effect"
finding and, therefore, the conditions and requirements of Executive Order i 1990 have
been met.
TITLE AND ORGANIZATION SIC3NATURE
P.8
~~y,~"'-/CMS T7
riHh{ lb "~~ bC~ ~lYl'I lIVI,Vb p, g
' MEMORANDUM FOR DOCUMENTATION OF
_ ENVIRONMENTAL REVIEW RECORD INFORMATYON
PROJECT: CITY OF OWASSO-NSP ED INFRASTRUCTURE EXTENSION
SUBJECT: FLOODPLAIN MANAGEMENT
~ DATE: MARCH 1 S, 199
~ The following review determination has been made:
' 1
A review of the FIRM map (Community Panel Number 400210 0002 D) indicated that
' the project site is partially located within a 100 year floodplain. The City is subject to
compliance with Executive Order 11488, Floodplain Management.
On May 26, 1994, a public notice was published in the Owasso Reporter. A Proof of
Publication and a copy of the notice is attached.
Alternative Sites
' The existing property has been purchased for the proposed project and careful site
planning has sought to minimize development in the existing floodplain. As a result of
this situation, consideration of any other site has been eliminated.
Alternative Action
Several alternatives were evaluated during the site planning process. The current
extension alternative was selected as the most appropriate solution. This solution should
have the least impact upon the existing floodplain.
yep 4 - Iden~ti~Imp.
The proposed infrastructure extension project should not have any long term effect on the
floodplain. Any direct adverse impacts would occur during construction and be
temporary in effect.
f'1HFl 16 ' y5 b~ ~ 5~F'f l 1 fVC;VC~
P . 14~ ~
By utilizing the existing alternative and only minimally disturbing the surface area of the
floodplain the existing floodplain will be retained in its present state after construction
activity is completed.
It was determined that the selection of the present alternative was the most practicable
and will meet Department of Environmental Quality and BPA requirements. Therefore,
no other alternatives need to be considered.
Step 7 - Find~'ngs and Pub i Notice
A second public notice was prepared and published in the Owasso Reporter on July 14,
1994. A copy of that notice is attached along with a proof of publication.
TITLE AND ORGANIZATION SIGNATURE
~it~o~'Qi4r~s nzo,~.~t-.
1
r
I'"IHK 1b 'y5 b~~S~F'f'1 1fVC;VV
P.11
• ~ Oklahoma HistoXlcal Society Founded Map 27, 1899
STATE HISTORIC PRESERVATION OFFICE
621 N. ROBINSON, SUITE 375.OKLAHOMA CITY, OK 73102 • (405) 521-b249
March 6, 1995
Ms. Jennifer Miller
INC~G
201 West 5th, Suite #600
Tulsa, OK 74103
RE: File #08~; Owasso National Steak & Poultry infrastructure
Project,
Dear Ms. Miller:
~ w'e have received and reviewed the documentation concerning the
referenced project in Tulsa County. Examination of the historic Re-
sources file in this office finds no properties within the project
area listed on or eligible for the National Register 'of Historic
Places.
~ further, our research indicates that there is little possibility that
such properties will occur. It is, therefore, our opinion that the
project be allowed to proceed.
Should further correspondence pertaining to this project be neces-
~ nary, the above underlined file number must be referenced. If you
have any questions, please contact Mr. Marshall Gettys, Historical
' Archaeologist, at 405/521-6249. Thank you.
Sincerely, ~ ~~~
~ ~/ --~-
Y' ( ! -
Melvena Heisch
Deputy State Historic
~ Preservation officer
~ ~a
~ -
.. ,.~
MAR 16 '95 02~52PM INCOG P. 12
.; ;
.:.
MAfiK $. COLEMAN FRANK KEATING ,
Executive Director Governor
State of Oklahoma
DEPARTMENT OF ENVIRONMENTAL' QUALITY
February 22,1995
7etutifer Milicr
1NCOG
201 West 5th Street
Suite 600
Tulsa, OIL 74103-4236
Dear Ms. Miller:
RE: City of Owasso-National Steak and Poultry Project
In response to your reque8t, we have completed d review of the above referenced project with regard to water
quality; av quality, solid wasta~aad manmade hazards.
'fhc following comments pertain to the jurisdiction of the Water Quality Programs of the Departrtient of
Environmental Quality:.
a) That in the event water and/or sewer lures may Head to be moved and/or constructed, that pleas outlining
the changos or constructions to be made and the appropriate fcc for plan review must be submitted to
the Water Quality Programs for approval prior to the relocation and.construction of the lines.
b} The proposed project will not result in arty adverse effects do the water quality or environment if rho
design and constructiv» of the water andlvr sewer lines are in accordance with State design guidelines
or standards.
c) The proposed system if built in accordance with the approved.plans and specifications, will be able to
meet the enforceable requirements.
d) The proposed facility/system if built in accordance with rho approved plans and specifications, will
assure the safety of public water supply with respect to bacteriological, chemical and physical quality.
If you have any questions or nad.clarification, pIcasc do not hesitate to contact rrie at 405!271-1400.
Sincerely,
.~''l '.
Marffiaret . Clraham
Environmental Review Coordinator
CUSTOMER ASSISTANCE PROGRAM
. ~~~.. .. r..~._ n..._.. r~._._•_-
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lOVV1V OflACNAi 1'!11[fiL]UO0{. VK{Nnamw .,{{y, v1{{Mivnin iva• •+•+ ~~ • __~_~
P11~R 16 'y5 b~~S~F'f7 1fVUUV P. 13
~~ ~ ~ a voluntary agsoctatfon of local governments serving creek, usage, rogers, tulsa and
201 west 5th street, suite 600•tulsa,oklahoma 74103.4236•
AleMetl
Bnbsdt
~ Marynea< ~
February 16 1995
U.S. Fish and Wildlife
222 South, Houston
T visa, OK 74127
ATTENTION: Environmental Review Compliance Officer
RE. City of Owasso -The National Steak and Poultry Infrastructure Project
Dear Sir:
~~
' The enclosed information is submitted to you for your review and comment. The
information relates to the Economic Development -Community Development Block
Grant project to be undertaken by the City of Owasso, Oklahoma. This grant will
construct infrastructure improvements including a waterline extension, a sanitary sewer
main extension and street improvements. This project is located in Section 31,
Township a1 North, Range 14 East. Federal environmental review procedures for the
ED-CDBG program outlined in 24 CFR Part 58 require that these projects be carried
out in compliance with various federal environm®ntal regulations. We are requesting
your commen#s on the project as it relates to the following regulations:
~ ~tl~i$
Executive Order 11990, Protection of Wetlands and Applicable State Legislation or
Regulations. Also 24 CFR Part 55.
Ensiaegarsd $ spt cieeg
Endangered Species Act of 1973 as Amended (16 U.S.C. 1531-1543)
The enclosed information provides project descriptions and related maps.
We ask for your response to this request within 15 days. Should you have any
questions or require additional information, please contact me at (918) 584-7526.
Sincerely, , .
~~
Je fer Miy
State/F®d®ral Program Assistant
Enclosure
Na EFFECT PfN1~lNG ; - : - ..
The descxlbeQ action w11t ~have.:~.,effect on listed :species, .
wettands,or .other tmpartar>t wlldlif~e reso~rses. -. ..
Date - ~-~3~g5 .
-~I -~.~
Cansult$tion # a -1 ~ - 95--•*• 3g~
Approved by t~.
,..r._.
U.S. FISH and W1LDLlFE SERVICE, TULSA, bK
^
I'IHK 1~ ' y~ 1t~~ ~1HI'1 1fVCVG P. 4
NSP CD~G ED INFRASTRUCTURE EXTENSION
FINDING OF EXEMPTION
It is the finding of the Owasso City Council, Owasso, Oklahoma, the following activities
proposed in its 1994 NSP CDBC~ ED Infrastructure Extension Project are exempt from
environmental requirements of NEPA and the environmental requirements of related
federal authorities, because the activities are defined as exempt activities in 24 CFR Part
58, Section 58:34.
- Administrative Costs
-Engineering Costs
Preparers
Certifying Official;
Date:
Date;
ii
P1HR 16 ' 95 t~9 ~ 39HM i fVCVG _ _ . _ - - P . 2
ENVIRONMENTAL A88E68t~ENT CHECKLIST -
(Continued Page 8)
Contract Name grid Contract No. NSP CDCG ED Infrastructure Extensions
ENVIRONMENTAL REVYSit FINDING
On th• basis of tha •nvironmontai asssssssnt o! tbs above prejset,
S have made the following lindinq.
X
A FINDING OF NO SIGNIFICANT Zlfp71CT
I find that this project is not a ma~or~fsderal action which will
have a significant affect on the human environment and that a
request to the Btate !or the release of project lunds will Aot
require an Environmental Impact Statement.
3/21/95 .
(Date)
~ Jerrv Duke. Nlavor
:.~.
P.O. Box 130, Owasso, OK 74055
gnature, T e an Address of
Certifying Officer
A FINDING OF SIGNIFICANT IMPACT
I find that this project is a major fsd~ral action which may pr
will have a significant effect on the human envfronmant and that a
request to tbo State for thQ rel~aae of project funds will roquire
an Environmental Impact Statement.
(Date)
S gnature, tlo and rtes of
Certifying 4LfiCer
a:9x
MAR 16 ' y5 dy ~ 4bAM I fVC:OG
ENVIRONMENTAL CERTiFICATIpN
P.4
tallith reterence to the above Oro~riim Activity~Pro~tct, I, the <rnder:i~n*d officer of the -tcipient.
;t-tify that:
t. Th• rtti0~tnt his (utly cRrritO Opt its reSpOnSOilititS for srlvirOhR-tnt~i rtview, decis~Or+•n+ekin! end •{tiOn pfr'tt~^if-9
t0 tfie project rlan+ed ~bovt.
2 The rec+pitnt has cofippi~td with tht Net~onlif Envirpntt+triul TolicyY A!t 0{ tl69. •S a~+tndtd, ar-d vr~tfi the
~nv,renrntntel pre{td~-tS. p!-T,t teQy~rementS and itetutery Obr,~il~Orif of the IavvS t+t,ta +n =e Ci1t Si 5
t. Tfit rtt~p~ent hat taken Or w~El tik! ir1t0 ett0ulSt tht *nvirOrlrl-ental Criteria iunda-dS, permit ttquirerRtntS •nd
Other Obi,gat+pns ~ppl~tabit 10 the p+OltCt Or ap++ogrern att~eity Yndlr ether I:edtral, tat! and LOte~ laws that tht
recipient has the d+rtct reSpoRt+b~lity to cetr+plrwfth.
4. flay tOrK-dtrinp the type area de -et 0~ erlvirenTMta1 eNet4ld rniree tht snviren tN r ew cerr+pfeted
~0- tht prpPofed'prej~{'t dNtr~bt6 ~~ peR t e~ Chit -egY!{t~ I hiYt i~OUAd tAet th! prepeNl~d~d ~ 0~4 OOt -ftYtre
tlfe prlparati0r- •nd d+NtlrlinaL~e~ 01 Ori enMirOrttlteAgi iRllpect itatNMnt.
;. The recipitM has pprigqr to br*ittin this req~t for the rplleie N 1u rtiteatien. }u0lishN intht manner
lStribld by 2+ tFll 6Si.e~a notictio tht pYO1+t in OccvrdOntt weth 2R ss~0 Or+d aS tr~de~cea bar tht ached
~ipy t,esi.
i. Tht d tee open which act iUtutory ar+d ulatory tirrte tedartneacuwtw tornrne or e< - ifttiOn tollgMnn9 t~-e
Cernp~tt+On of tht •nvironmtntal rev+tw Tor tht pre~~~'p_rr_e9__ r bf9er- a~ e~dell Ot erMlKSted bNOw efS
1le~ tt++~+*t~a iso+•o
rVO1~N of f gee,*i of .. NOtKt N 1Mt1r,s t0
ho i~o*dwM ira+toet RNMM e~i~i
te~+T•-i o•+~or
ce+~+e~Me NOSK! t'uO~~NI~O~ D•:~
3 23 95 ~ Ores iii
t,rw~nio+sVOs~t*~rK•*t
S~Nes •~e+M•*~ to
e•®~•rt e•~•a• e~ ~v~es ee*~~+t~c •.-~ve
3/ 24 9 5
/ 24/ 9
r-Obt! of irq~t tta .yb~K•l,ew t1~1f _ ~ _: fg1e~ in
R•ewls t~,eeM
t+i„*ei
ter~w,~M ~lhot
otter ssoa~tri I i I a"•' W~ec~rl
Stoe+nrtto+ M4a~• or sc+cr Ws~c~o~ e•-~ee
sure, (M•r,~~+v+* of-~e®re+
ieuw,a~oe er tt•c+o+•'K •pe+o.•'1
IllrfS
~W~Ket,M Oi1t
te+~~-oM h*+o0
INao
I
1
i
-~'•~
Co~-~+•*e h++e0
reb4uae++ Oser. . "'"~ .
., ~•
Ce,nn,•r+t hr+M
i~vtR far yank es ~ ~ ~eirNe 1e
aaw'erfure eve~ewu
ti-s tht duty dtsipniited ctrtityinp official of th• tecipitnt, ! slsio tlrtMy that:
t. I aR+ autr+orited to end ao c resent to aSSUn+t the status of -nponiiWt itdtral oMiti I Synder thf NetienN
dnv,ronrnenta~ toasty Act o~tli9 •n0 tfch prerifien of law dtti9natta in tM.:~4 Gf~t 58.51~tt eii NE-A•rtlited
author~t+tS ir+soiar eS the prows+orlt e~ tt+set laws aepiy to the NDD -espO~ib,liues to- envirenrritntal rev+ew.
ett+tiOnrnak,n~ area •ct+Onf suet have aen •~SU~-N by tht rec+p~:nt.
2. ~ to coMentinp, I here atsu~t0 tht rnpprtsibiliti for the,condutt t er+virOnrnental rwiew, Ncitle^'oakitf~ and
•~+e~i aS to enwrenrnenta~ issues, Prtdaratitri ~tertll~at+On ¢ ar 1iN1 aAQ W~p(prneMa{ ahrirOnT~ntat iT
ltiterntnlS, and lead a~encr Or teoptratin0 a nc rlsperu+bil~Uts ~ppnr~p~iratien si wch ftaterM~4 M~ Mhaff of
tNerai a9enc+t~ inrlYdr-~0 NuD. when these a~er+ttte-conNM t• Wth atiSlOSpttOnti.
a' i~eT~n~o~iemini e~i ~ cheM itepspd+~aia~iri~ n r~i+y c~ic~+tawa a~~ e~+c~e- i/ v r nuaen~ ~dnsl covru ier
~,
t: t4 =I!! ktp
l~N1lam1r- ~Rien 1001 et T~t~t of et the united States Cedt and the CrileiMi -retedYn ihall aoD! tO this fertiti~iS~tt
~ St1t 1 i~rov,des, aTOn other th+n S, that whetvt- krtOwi I n+ates Ot YSlf a d YTtM er txnt+~+q cenu+n+na •n~r aist,
ions. er re~+du~ent9uument o entr , ,n anY rnar+ner w4tX~n the jvrisa~ ~on~ •n dtpa-trnent or •4ency of the Un+ted
s, shad be tfntd net rnort than 510, 0~0 er improitiOMd net rnort tMn f1t-t frten ~ beth•
I'1HK 1b ' y5 by ~ :35AM INCOG
P~
REQUEST FOR RELEASE OF FUNDS AND REQUIREMENTS
/ COMMUNITY DEVELOPMENT PROJI=CTS
~rttractor Name: Ci ty of Owasso CoMra~ Na,
idress: P.O. Box 1 30, Owasso, OK 74055 Date of Request: 4 9
~ea0escri bn: r PJSP CDBG ED Infrastructure Extensions
ems
kemerrts: InClt,ded
Environmental A. Exempt Activity
Ne+~lew I hereby seats the projeae le exempt and a Flndlnp aR Exemption X
(Sample 0088 8) Is attaeh•d.
t 3. Catagor+eagy ExaudedlExernpt Iktivily .
I hereby ataAe C0t38 Ferro d:S has been eempleted and the activtey has
boon determined to be exempt. A Finding of CaAeegoricel ExolusieN
Exemption (8ample CABG a}, Hittorleaf Cleararroe (Sample C06a 6}
Archeological Clearance (Sample 29) ve anaehed.
c. el.gerlcsly Excluded Aothrity
( hereby elate C06Q fin i:t5 has been eempleted. Hmrirenmental
Greilication (Form 4:14), proet of Noses of Intent Publtceaor- (t3ample CDBf3 8),
tiistorfal Clearance (e3ample 6), Archaologiese Ctearanee (0068 Sample 2sif.
and Finding d Categorkd Erccluslon (Ssmple S) ate attaehad.
0. Assessment Activity
1 hereby eeaQe fame d:5 and ~:9 have been eotnpleted and ne EIS b X
required (Form 4:9M is Nesoh.d. Emrlronnlentat CattllicaGon (Form 4:t 4),
Proof of Conourrertt Notice Publicatbn (Sample COBG 10), and MGitoric
CNsrenoe (Sample CDBG 8) ere attached.
. Leverage/Commit• A. GOBd Projects
TeM i hereby oeAlfy that a reaolutionand/or M NlrOw aeceunt has barn X
eetsblished CommRing the leveraged 1ur-ds toward the eompletlon of tM
project. (PVrm e:tS) Is stteehed.
I, Labor Standards A. l hereby state the U.B. DepaRment of Labor outnnl wage detsrmination
will a included In alt consuucKior+ eoniraads over ~,e100. A atatamsnt of X,
Compllanee» eRtsoMd.
I. Management Plan A. CDBG Community Development Project - Ateadt Form 4:7. X
5. Insurance end Bending A. SubmN widenee o1 aityleour-ty liablllry ktsuranoe and Chy/county bonding, X
~. Anti•pwp{aoemern X
Pian A. ! hereby pertly an anlldieplaeemsM plan hee bean adopted • Atta¢h Plan.
7, Other A. COBB training sesaien attended S't- kcal ofAeiN • wbndt name and tlde of Na
elfieiN(s} that attended essston.
1a. Any special rond'di0ns apecitied M Section NI of 1F+s eonnace between
ODOC and city/county.
Name tl Title of AtMoraed fatliciel: Signature of Authored OMicial:
Jerry duke, Mayor
P.3
Itsma included • Code: NA • Not Applieabip eo this Program. 4:13 7/92 de
I'IHK 1G - 7J e17•~11HI'I lIYI,VI~
P.8 ~
,r
RFSIIZEIYTIAL ANTI-D SPL•ACFMENT AND F OCA ION ACRIRTANt'F
The City of Owasso will undertake community development activities funded through the
Community Development Block Cirant program. No demolition or conversion of
low/moderate•income dwelling units is anticipated by the City in conjunction with the
activities assisted with these funds. Under Section 104 (d) of the Housing and
Community Development act of 1974, as Amended, if such demolition or conversion
unexpectedly occurs, before obligating or expending funds that will directly result in such
demolition or conversion, the City will make public and submit to the Oklahoma
Department of Commerce the following information in writing:
1. A description of proposed assisted activity;
2. The location on a map and number of dwelling units by size (number of
bedrooms) that will be demolished or converted to a use other than as
low/moderate-income dwelling units as a direct result of the assisted activity;
3. A time schedule for commencement and completion of the demolition or
conversion;
4. The location on a map and number of dwelling units by size (number of
bedrooms) that will be provided as replacement dwelling units;
5. The source offending and a time schedule for the provision of replacement
dwelling units;
6. The basis for concluding that each replacement dwelling unit will remain a
low/moderate-income dwelling unit for at least 10 years from the date of initial
occupancy, and;
7. Information demonstrating that any proposed replacement of dwelling units with
smaller dwelling units is consistent with the housing needs of low/moderate-
income households in the jurisdiction.
If displacement of low/moderate-income households occurs in conjunction with the
community development activities funded with CpBC~ funds, the City will provide
relocation assistance, as described in 570.496(b)(2} to ea,eh low/moderate-income
household displaced by the demolition of housing or by the conversion of a
lowlmoderate-income dwelling to another use as a direct result of assisted activities.
For: City of Owasso Attest:
By: By:
Mayor City Clerk
f'1HI1 16 ' S5 05 ~ 40RM I NCOG
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
PART 1 -MANAGEMENT PLAN NARRATIVE
Contract (NSP CDBG ED}
P.5
Name of Contractor: City of Owasso
Address: P.O. Box 180
City: Owasso, OK Zip: 74055-0180
Date: March 15, 1995
Type of Contract: Construction of Water Main Extension, Sewer Main Extension and
Industrial Street Extension
Contact Person: Andy Armstrong Contact Person Phone: (918) 584-7526
1. Release of Funds - To be completed on or around Apri130, 1945.
A. Environmental Review - Finding of No Significant Impact.
B. Total Project Funding -CDBG} grant funds of $200,000
C. Professional Services Contract -The City will contract with INCOC3 for
administration of the grant, and the contract has been executed. The
City will contract with Sack and Associates for engineering services, and
the contract has bcs3n executed.
D. Historic Properties - No historic properties will be involved in the project.
E. Authorized Signatures -Persons authorized to sign required forms for the
grant will be: (1) Jerry Duke, Mayor, (2) Charles Burris, Vice-Mayor, (3)
Marsha Boutwell, City Clerk (4) ,Sherry Bishop, Treasurer
F. Notice of Removal of Contract Conditions - No sp®cial contract conditions
(other than generic) were listed in the contract.
2. Request for Proposals
A. Completion of Final Design Plans -Final Design Plans will ba developed
by May 31, 1995.
B. Approvals by Plans by Appropriate Agency - DEQ approval of plans are
required.
C. Securing of Wage Rates -Wage rates will be secured by 1NCOG and will
be included in Bid Documents.
D. Development of Bid Document - A Bid Document will be developed by
the Project Engineer with the assistance of the City Engineer and 1NCOGr.
E. Advertise for Bids -Bids will be advertised around June 20, 1995.
F. Receive Bids -Bids will be received approximately Z1 days after
advertisement by the City.
3. Notice to Proceed
A, Opening of Bids -See above.
MAR 16 '95 09~41AM IMCOG
P.6 '
B. Review and Tabulation ofBids -The City Engineer, Project Engineer
and INCOQ will review the bids and recommend selection of the ~
contractors to the City Council. a
C. Check Debarred List - INCOa will be responsible for checking the
debarred contractors' list with ODOC to verify that the contractor does not
appear on such list.
D. Award of Contract -The contract will be awarded at the next available
City Council Meeting after the bid opening and bid review is completed. ~"
E. Pre-Construction Conference -The pre-construction conference will be
held an or about July 31, 1995.
F. Notice to Proceed -The Notice to Proceed will be issued on or about
July 31, 1995. ''
4. Construction 1/4 Complete -Construction should be 1!4 complete by September
1, 1995, based on materials installed and work performed.
5. Construction lla Complete -Construction should be l/z complete by September
30, 1995, based on materials installed and work performed.
6. Construction 3!4 Complete -Construction should be 3!4 complete by October 31,
1995, based on materials installed and work performed.
?. Project Complete -The project should be complete by November 15, 1995, with
final inspection by the Project Engineer, ODOC, City of Owasso and INCOG. ~~
8. Close out Documents -Close-out daeuments should be submitted to ODOC by
December 15, 1995. All project activities will be complete at that time. '
-~~"IHK ib ~y~ ey=4lHri zN~RLAHOMA DEPARTMENT Of CGMMERCE
DIVISION OF COMMUNITY AFFAIRS. AND DEVELOPMENT
. -._ ~ _ ...__... _.,..,~._,...,-. _- ___........COM~AUNLtT_1~~.E~lE~4!'.~ENI QLQCK.GRAN'[PRQGRAM
MANAGEMENT PLAN PART II
P.7
Contract ~: Date: Ma+r~ S,~ c c 5
Name of Contractor: Ci t of Owasso
Address: R • 0 . Box la0
City: Owasso Zip: 740550180 .
Program Year: 1994 .
Contact Person: Andy Armstrong Phone: {918) 5a4~7526
ACTIVITY
WATFR
SEWER atooo
DRAIN°GE HOUSING
RE~-A8. °Cp
o~ceos~c~on
+:~e~•a~ce
+wE~oca.
'ION
OT~rER
S1<
1 Release of Rands 4/30/95 4/30/95
2. R~quesx for Proposals 6 ZO 5 6/20/95
3 Notice to Procee0 7 31 95 7/31/95 7/31/9
a eo~sc-„n~o~ ~:ac:-a~ete 9/1/95 9%1!95 9/1/95
s to~>tc-;,cc,o- ~ a co--o e~Q g 34 95 9 30 95 9/30/95
6 Co~str~cro~ 3 0 tO~a~Pte 0/31/95 10/31/95 10/3I/95
7 pro'ect ComR+ete 15 95
8 C+oseout 12/15/95 12/15/95
4 other
10. N persons serv~C
::t~
11. N Low b Moderate 51~ 51~ .. 51~
1S. NStructures~Parce+s
~.. •• ~ ~°
~~
Signature of Authorized Official:
type or Print Name & Title:
Jerry Duke, Mayor
Date: 3/21/95
a 78 7188 kso
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCII,
CITY MANAGER
FROM: TIMOTHY ROONEY
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: PHASE II OF SPORTS PARK COMPLETION
REQUEST FOR COUNCII. APPROVAL OF EXPENDITURES TO
INSTALL WATER AND WASTEWATER LINF,S
DATE: March 16, 1995
BACKGROUND:
At the January 3, 1995 meeting, the City Council unanimously approved an amendment to the
Capital Improvements Fund Budget increasing the Sports Park appropriation by $25,000.00 in
order to complete Phase II of the Sports Park. A copy of the memorandum from that meeting
is attached for your information and review.
In addition to amending the appropriation to the Sports Park, various projects were also
identified as being crucial elements in obtaining the completion of Phase II. Expenditures for
the installation of the four-plex fencing, grass seed, infield dirt, and bleachers have already
received City Council approval. Remaining items to be completed are the installation of the
water and wastewater lines, as well as the safety fence along the entrance road.
The Parks Department, with assistance from Mr. Quinton and Mr. O'Donnel of the Public
Works Department, have determined cost of materials estimates for the installation of the water
and wastewater lines. The cost estimates for the installation of both lines are listed below.
Project Cost
Wastewater Line $ 2, 832.82
Water Line $ 1, 544.24
Copies of the complete breakdown of the necessary materials to complete both projects are
attached for your information and review. Installation of both lines will be provided by Public
Works personnel.
RECOMMENDATION:
Staff recommends Council approval of the expenditure of $2,832.82 and $1,544.24 for the
installation of wastewater and water lines at the Sportpark.
ATTACHMENTS
1. Copy of December 30, 1994 memorandum including amendment to the CIP Fund Bud et
g
and identified projects necessary for Phase II completion.
2. Copies of the breakdowns of necessary materials for each project.
i
i~
OI~NDUM
TO: TIM ROONEY - COMMiJ1VITY DEVELOPMENT DIRECTOR
DAVID WARREN -PARKS SUPERINTENDENT
FROM: JASON QUINTON -PUBLIC WORKS DEPARTMENT
SUBJECT: MATERIALS FOR SEWER LINE AT SPORTS PARK
DATE: March 16, 1995
The following is a list of needed materials in order to install the sewer line at the Sportpark,
which would also allow for future extensions. If you have any questions, or if I can be of
additional assistance to you, please do not hesitate to contact me.
400 feet of 8" SDR 35 sewer pipe @ $2.31 per foot $ 924.00
One Manhole (at a depth of 15 feet) 1200.00
One lamphole casting and lid 54.60
220 feet of 4" SDR sewer pipe @ $ .64 per foot 140.80
Screenings 384.00
Couplings and Fittings 129.42
TOTAL $ 2832.82
WATER PRODUCTS ID~9183714978
MAR 14'95 957 No .006 P O1
PROJECT City of Owasso
C/0 Mr, Terry O'Donnell
FAX 272-4999
BID DATE
P.O. Box 349 ~
Owasso, Oklahoma 74055-0349 r
1-800.225-2968
FAX: 818-371-4878 ~
P.O. Box 100 r
Tontitown, Arkansas 72770-0100
1-800-436-8088
FAX: 601-361-9058
QUOTATION
NUMBER
DATE March 15: 1995
Quantity Size DeBCrlption Unit Wpt. Unit Price Extension
960' 2" CL 200 GJ PVC Pi e , 31' ~~ Q~, ~ v
1 6x2 313~076014~000 `~ p
1 2" F500 Corp Stop 58,00 ~ $r O 0
1 2" M.J, Gate Valve 112.00 %/.Z. ~O
1 24X36 Valve Box 0 y,00
2 Z" Sch 40 90 Degree ELL ,9g ~,9Lo
1 2" Sch 40 Ca 53 . S S
4 2X1 S71-204 Sxdd] e 8 , 06 3a , ~4
4 1" F1100 Corp Stop 14.40 ~S ~ , (~O
2 2X3 4 571-203 Saddle 8 Q6 /(„
2 3/4 F1100 Corn Stop 1Q.10 a~, ,20
2 V72-7W-41.33 Setter 28 , 80 ~ 5 ~. (9~
b 18" Round Brooks PL Li ~l45.OC
5/8X3/ Neptune Pro Read Meter 75,00 ~~5 ~~
I00' 3/4" CTS '1`ubin p ~ lg ~ , 80
100' 1" O ~ ~ °.30, ~ c7
8 1" SS Inserts ,73 ~
4 3/4" SS Inserts 71 02,3 ~
„ Sch 40 remale Adapters •67 `~d of
1 2" T-10 Ne~tunc Meter 308.00 3~~~~~'
,~ ~,OG
1 1730 Jumbo Bax 76,00 ~,~C
'MATER PRODUCTS ID~9183714978
Water Products
MAR 14'95 958 No .006 P.02
'ROJECT
i{D DATE
I'
P.0. Box 349
Owasso, Oklahoma 74055-0349
1-80Q-225-2968
FAX: 918-371-4978
P.0. Box 100
Tontitown, Arkansas 72770-0100
1-800-435-9099
FAX: 501-361-9058
QIIOTATION
NUMBER Page 2
DATE
Quantity Slze Description Unit Wgt. Unlt Price Extonaion
2 2X4 Brass Ni. le S , 20 ~ p , ~D
1" wa g 30 00 ~~.70, oa
Termsc Net 30
Thank you for the o ortunit of su mit.tin this uo e,
Ron Coo er, Sales Representative