The URL can be used to link to this page

Home My WebLink About1994.04.19_City Council AgendaV PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: April 19, 1994 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, April 15, 1994. '--MA 4 Af'A)(�&' '�'4 Marcia outwell, Council Clerk AGENDA 1. Call to Order 2. Flag Salute 3. Roll Call 4. Request Approval of the Minutes of April 5, 1994 Regular Meeting. Attachment #4 5. Request Approval of Claims. Attachment #5 Owasso City Council April 19, 1994 Page 2 6. Reading of Mayor's Proclamation. Mayor Randolph Attachment #6 7. Consideration and Appropriate Action Relating to a Request for Final Acceptance of Work Performed Under a Contract Between the City of Owasso and Lamar Industries for Sports Park Lighting Phase II, and Authorization for Final Payment and Release of Retainage to the Contractor. Mr Munn Attachment #7 Staff will recommend Council acceptance of the work performed under the contract, and that final payment be authorized to include any retainage held by the City. 8. Consideration and Appropriate Action Relating to a Request for Final Acceptance of Work Performed Under a Contract Between the City of Owasso and Builders Unlimited Inc for Construction of a Shelter at Elm Creek Park, and Authorization for Final Payment and Release of Retainage to the Contractor. Mr Munn Attachment #8 Staff will recommend Council acceptance of the work performed under the contract, and that final payment be authorized to include any retainage held by the City. Owasso City Council April 19, 1994 Page 3 9. Consideration and Appropriate Action Relating to a Request for Council Approval of a Project Design for Improvements to the Intersection of Main Street and 76th Street North and Authorization for the Staff to Solicit Bids for Those Improvements. Mr Munn Attachment #9 Staff will present the proposed design plans and recommend Council approval of such. The staff will further recommend Council approval for the solicitation of bids for the construction of the improvements contained in the design. 10. Consideration and Appropriate Action Relating to Ordinance #481, an Ordinance Relating to the Employee Retirement System and Amending Such Plan. Ms Dempster Attachment #10 Staff will recommend Council approval of Ordinance #481. ' 11. Consideration and Appropriate Action Relating to Ordinance #482, an Ordinance Rezoning a Tract of Property North of the Northeast Corner of 96th Street North and Garnett Road from Agriculture (AG) to a Planned Unit Development (OPUD -12). ' Mr Rooney Attachment #11 ' Staff will recommend Council approval of Ordinance #482. Owasso City Council April 19, 1994 Page 4 12. Consideration and Appropriate Action Relating to a Request for the Appropriation of Funds Within the Cemetery Care Fund; Amendment of the Adopted Budget for that Fund; and Authorization for the Staff to Solicit Bids for the Replacement of Fencing Protecting the Cemetery. Mr Ray Attachment #12 Staff will recommend Council approval of a supplemental appropriation in the amount of $15,000 for Capital Improvement purposes at the Owasso Cemetery and that authorization be given for the solicitation of bids for fence replacement. 13. Consideration and Appropriate Action Relating to a Request for Renewal of the E -911 Interlocal Agreement. Mr Ray Attachment #13 Staff will recommend Council approval of the renewal of the current E -911 Interlocal Agreement, and that the City Manager be authorized to execute the appropriate documents relating to notification of such renewal. 14. Report from City Manager 15. Report from City Attorney I Owasso City Council April 19, 1994 Page 5 16. Unfinished Business 17. New Business 18. Adjournment OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, April 5, 1994 The Owasso City Council met in regular session on Tuesday, April 5, 1994 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, April 1, 1994. ITEM 1: CALL TO ORDER Mayor Randolph called the meeting to order at 7:00 p.m. ITEM 2: FLAG SALUTE The flag salute was led by Mayor Randolph. ITEM 3: ROLL CALL PRESENT Bob Randolph, Mayor John Phillips, Vice Mayor Mary Lou Barnhouse, Councilor Rex Bowen, Councilor Charles Burris, Councilor STAFF Rodney J Ray, City Manager Ronald D Cates, City Attorney Marcia Boutwell, Council Clerk ABSENT A quorum was declared present. ITEM 4: REQUEST APPROVAL OF THE MINUTES OF MARCH 15 .1994 REGULAR MEETING AND MARCH 29, 1994 SPECIAL MEETING. John Phillips moved, seconded by Mary Lou Barnhouse, to approve the minutes, by reference 1 made a part hereto. AYE: Phillips, Barnhouse, Bowen, Burris, Randolph NAY: None I1 Motion carried 5 -0. I I Owasso City Council April 5, 1994 ITEM 5: REQUEST APPROVAL OF THE CLAIMS John Phillips moved, seconded by Mary Lou Barnhouse, that the following claims be approved: (1) General Fund $78,312.17 (2) Workers Comp Self- Insurance $4,348.80; (3) Ambulance Service Fund $835.03; (4) E -911 $1,736.96; (5) Capital Improvements $102,141.87; (6) Ambulance Service Capital Improvements $5,590.03; (7) Interfund Transfers $22,929.16; (8) City Garage $4,347.63; (9) General Fund Payroll $91,824.92; (10) City Garage Payroll $2,224.34. AYE: Phillips, Barnhouse, Bowen, Burris, Randolph NAY: None Motion carried 5 -0. ITEM 6: READING OF MAYOR'S PROCLAMATION. Mayor Randolph invited Mr Marty Cooper, manager of Owasso Wal -Mart, to join him at the front of the room. The Mayor read a proclamation proclaiming Owasso Wal -Mart as OEDA Business of the Quarter for the second quarter of 1994. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE MOWING CONTRACTS FOR RIGHTS -OF -WAY AND CITY PARKS. Mr Carr gave a short background review of the City's private sector mowing contracts. Twelve areas were advertized for bids. In the bid documents the parks and medians were designated to be mowed once every ten days, with the contract beginning on April 18, 1994 and continuing through October 14, 1994 (18 mowings). The easement areas were designated to be mowed once a month, with the contract beginning on April 18, 1994 and continuing through September 30, 1994 (6 mowings). Mr Burris asked if liability insurance was required of all contractors. Mr Carr said that, because of the added cost, liability insurance was required for only the U.S. Highway 169 Right -of -Way. Charles Burris moved, seconded by Rex Bowen, to award the following mowing contracts for the 1994 mowing season: 1. Rayola Park - Mr Larry Turner at $160 per mowing 2. Elm Creek Park - Mr Arley Owens at $198 per mowing 3. Ator Heights Park - Mr Jim Hobbs at $80 per mowing 4. 86th St Park - Mr Wayne Carver at $49 per mowing 5. Ator Utility Easement - Mr Jim Hobbs at $50 per mowing 6. El Rio Vista Medians - Mr Paul Herron at $30 per mowing 7. El Rio Vista Drainage Easement - Mr Gary Stokes at $50 per mowing 8. El Rio Vista Frontage - Mr Wayne Carver at $40 per mowing Owasso City Council April 5, 1994 9. Three Lakes Drainage Easement - Mr Arnold Roberts at $320 per mowing 10. Lakeridge Drainage Easement - Mr Jim Hobbs at $225 per mowing 11. Forrest Drive Easement - Mr Jim Hobbs at $50 per mowing 12. U.S. Highway 169 Right -of -Way - Reject all bids as being too high AYE: Burris, Bowen, Barnhouse, Phillips, Randolph NAY: None Motion carried 5 -0. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A PROPOSED CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF OWASSO AND LAMAR INDUSTRIES FOR THE CONSTRUCTION OF SPORTS PARK PHASE II LIGHTING. Mr Munn stated that, because of bad weather, Lamar Industries will be unable to complete the installation of the lighting on the softball fields in the time frame specified in the contract. They have requested a Change Order for 11 weather days to be added to the contract time frame, revising the completion date to April 26, 1994. The dollar amount of the contract is not changed by this request. Mayor Randolph moved to approve Change Order No 1 to the Sports Park Phase II Lighting contract with Lamar Industries. Motion seconded by Charles Burris. AYE: Randolph, Burris, Barnhouse, Bowen, Phillips NAY: None Motion carried 5 -0. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A OPUD -12. A REQUEST TO REZONE A TRACT OF LAND CONTAINING 160.83 ACRES, MORE OR LESS, FROM AG (AGRICULTURE) DISTRICT TO OPUD -12, GENERALLY LOCATED 1/4 MILE NORTH OF 96TH STREET NORTH, EAST OF GARNETT ROAD. The Owasso Planning Commission held a public hearing on March 14, 1994 to consider a rezoning request from Tuttle & Associates for a Planned Unit Development to be located on a 160 acre tract recently annexed by the City of Owasso. The subject tract is located 1/4 mile north of 96th St North, east of Garnett Rd. Mr Rooney said that the proposal consists of a total of 436 single family residential lots. The Planning Commission unanimously recommended approval of the rezoning based on the following staff recommendations as conditions of that approval: K Owasso City Council April 5, 1994 1. That the applicant's Development Text and Conceptual Development Plan be considered to be the Outline Development Plan as required by the PUD chapter of the Owasso Zoning Code. 2. The, unless specifically set out in the standards and conditions of this PUD, single family detached lots shall meet all the necessary requirements of a typical RS -2 district. 3. That a subdivision plat be approved by the Owasso City Council and filed with the County Clerk's Office prior to the issuance of a building permit. Said covenants shall incorporate all PUD standards and conditions of approval and make the City of Owasso beneficiary. 4. All conditions imposed by the Owasso Technical Advisory Committee for subdivision plat approval be met as conditions of the PUD. 5. A detailed drainage report be submitted by the applicant. 6. That within the PUD the maximum number of dwelling units shall not exceed 436 units. 7. Sidewalks be provided in all areas of the PUD. 8. That the minimum side yard of any corner lot be 25 feet. 9. That the minimum rear yard setback of any lot within the addition be 20% of the lot depth, providing it is not less than 25 feet. 10. A rear building line of 50 feet be provided along the east and north perimeter larger lots. 11. That all landscaping plans for the entrances shall be reviewed and approved by the Owasso Planning Commission and installed prior to the occupancy of any buildings. 12. The larger lot sizes designated along the north and east boundaries of the PUD shall not be altered to a smaller lot size. 13. All water lines installed within the PUD boundary shall meet the City of Owasso's standards. Water pressure shall also meet the City of Owasso standards. Mayor Randolph moved, seconded by John Phillips, to approve OPUD -12, with the conditions listed as recommended by the Planning Commission. AYE: Randolph, Phillips, Barnhouse, Bowen, Burris NAY: None Motion carried 5 -0. 4 Owasso City Council April 5, 1994 ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO COUNCIL ACCEPTANCE OF A WATER UTILITY EASEMENT GRANTED BY NORTHWEST INVESTMENTS FOR SERVICE TO CUSTOMERS ACQUIRED FROM ROGERS COUNTY RURAL WATER DISTRICT #3. In order to remove customers from the portion of Rural Water District #3 system that was purchased by the City of Owasso and provide water to those customers, three new water mains are required. To date, one main has been completed. Mr Carr said an easement to connect Glen -Murr Acres II and City Vue Estates to the City system has been prepared by the City Attorney and signed by the owners of the property. Charles Burris moved, seconded by John Phillips, to approve the utility easement granted by Northeast Investments, and authorize the Mayor to execute the document. AYE: Burris, Phillips, Barnhouse, Bowen NAY: None ABSTAIN: Randolph Motion carried 4 -0 -1. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REOUEST TO AUTHORIZE THE CITY ATTORNEY TO FILE A "DISCLAIMER OF INTEREST" IN THE MATTER OF THE UNITED STATES OF AMERICA V BRIAN KEITH ALLEN, ET AL, CASE NUMBER 94 -C- 130 -B, WHEREIN THE CITY OF OWASSO IS A NAMED DEFENDANT. Several months ago the federal housing agencies in the Tulsa Area began actively pursuing foreclosure litigation against homeowners with delinquent federally guaranteed loans. Mr Cates said that the government names the City as a defendant in these actions. Since the City has no special assessments or liens or other interest in the case except easements, a disclaimer of interest will remove the City from the case. Mayor Randolph moved to authorize the City Attorney to file a disclaimer of interest in the matter of United States of America v Brian Keith Allen, et al, Case Number 94- C- 130 -B. Motion seconded by John Phillips. AYE: Randolph, Phillips, Barnhouse, Bowen NAY: None RECUSE: Burris Motion carried 4 -0 -1. f W1 Owasso City Council April 5, 1994 ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO RESOLUTION NO 94 -04, A RESOLUTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A "RIGHT -OF -WAY. PUBLIC UTILITY AND ENCROACHMENT" AGREEMENT BETWEEN THE CITY OF OWASSO AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION: AND AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT. Resolution 94 -04 authorizes the City to enter into a right -of -way, public utility and encroachment agreement with the Oklahoma Department of Transportation in connection with the project to signalize the intersection of 76th St North and Highway 169. Mr Ray said that there is no right - of -way to obtain, no utilities that the city will need to move, and no structures or encroachments to be removed. This is simply a housekeeping item required by the state on all federal aid projects. Mayor Randolph thanked everyone who has helped with the project. Charles Burris moved, seconded by Rex Bowen, to approve Resolution #94 -04. AYE: Burris, Bowen, Barnhouse, Phillips, Randolph NAY: None Motion carried 5 -0. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR A SUPPLEMENTAL APPROPRIATION TO THE GENERAL FUND POLICE DEPARTMENT BUDGET. Mr Ray advised the Council of several items that have caused the police department to be over budget. Those items are detailed in his memorandum to the Council. The total unbudgeted cost of the items included is $54,838. The police department is able to cover $6838 of that amount. A supplemental appropriation of $48,000 was requested; the funds to be taken from General Fund Reserves. Mayor Randolph moved to approve a supplemental appropriation to the General Fund Police Department budget in the amount of $48,000. Motion seconded by John Phillips. AYE: Randolph, Phillips, Bowen, Burris, Barnhouse NAY: None Motion carried 5 -0. ITEM 14: REPORT FROM CITY MANAGER Mr Ray told the Council that the move to the new fire station was being made ahead of the announced schedule because of the colder weather. The vehicles need to be housed inside. The interior of the building is completed, but there are still some exterior items to be completed. Owasso City Council ITEM 15: REPORT FROM CITY ATTORNEY No Report. ITEM 16: UNFINISHED BUSINESS None. ITEM 17: NEW BUSINESS None. ITEM 18: ADJOURNMENT Charles Burris moved, seconded by John Phillips to adjourn. AYE: Burris, Phillips, Bowen, Barnhouse, Randolph NAY: None Motion carried 5 -0 and the meeting was adjourned at 7:40 p.m. Marcia Boutwell, Council Clerk Bob Randolph, Mayor 7 April 5, 1994 CITY OF OWASSO GENERAL FUND 4 %14/94 15:05 :52, A/P CLAIM'S REPORT _PAP`R PAC=E: PO # VENDOR DESCRIPTION A. M-)1J11T ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- MANAGERIAL ------------------------ - - - - -- 941591 OFFICE DEPOT CARD PLAN DESK 941865 RC SALES SUPPLIES 941912 FAST SIGNS BANNER 942109 CELLULAR ONE -TULSA 31'94 USE 942160, TREASURER PETTY CASH REIMB PETTY CASH 94178 CITY GARAGE PARTS DEPARTMENT TOTAL FINANCE ------------------------ - - - - -- 942168 TREASURER PETTY CASH REIMB PETTY CASH DEPARTMENT TOTAL = = = =:> COMMUNITY DEVELOPMENT ------------------------ - - - - -- 940005 TULSA COUNTY MIS DIAL -tin SERVICE 940124 MCCA14 COMMUNICATIONS PAGER RENTAL 942057 BOCA INTERNATIONAL SUPPLIES 94063 SOUTHWEST CONST CODES COU CONFERENCE 942168 TREASURER PETTY CASH REIMB PETTY CASH 942178 CITY GARAGE PARTS DEPARTMENT TOTAL = = = =; MUNICIPAL COURT ------------------------ - - - - -- 9421.68 TREASURER PETTY CASH DEPARTMENT TOTAL = = = => ENGINEERING ------------------------ - - - - -- 942195 SHERYL DUGGAN DEPARTMENT TOTAL GENERAL GOVERNMENT ------------------------ - - - - -- REIMB PETTY CASH REIMB /PHONE CALLS 109.99 314.15 126.46 19.40 • L j ?1.37 658_ . 11.13 11.13 40.00 44.90 18.00 120.00 :3. 19 2. SR ?28.47 .29 28.70 29.70 i CITY OF OWASSO GENERAL FUND 4/14!94 15 :05:52 A/P CLAIMS REPORT APAPVP PAGE: PO # ---- - - - - -- VENDOR ------------------- - - - - -- DESCRIPTION ------------------- - a AMOUNT - - - -- ------- - - - - -- 940116 RONALD D CATES RETAINER 1,857.50 942168 TREASURER PETTY CASH REIMS PETTY CASH 60.10 942170 THREE LAKES MINI STORAGE STORAGE RENT 150.00 ' 942172 OFFICE DEPOT CARD PLAN SUPPLIES 493.20 942174 DEPARTMENT TOTAL =___; SUPPLIES 2,560.80 , MAINTENANCE ------------------------ - - - - -- 940124 MCCAW COMMUNICATIONS PAGER RENTAL 21 2.45 941941 CINTAS CORP. UNIFORM RENT /CLEAN 28.40 942100 ACTION DISCOUNT DRAINAGE SUPPLIES 45.00 942114 EMTEC, INC. TERMITE TREATMENT 300.00 942168 TREASURER. PETTY CASH REIMS PETTY CASH 9.24 942173 WAL —MART SUPPLIES 17.96 942174 EMPIRE PLUMBING SUPPLY IN SUPPLIES 54.67 DEPARTMENT TOTAL =___% 4 "7.721 CEMETERY ------------------------ - - - - -- 941955 KIMBALL ACE HARDWARE SUPPLIES 77.84 94:1178 CITY GARAGE PAPT ' -s 9.�' DEPARTMENT TOTAL =___; 97,09 POLICE SERVICES ------------------------ - - - - -- 940029 MCCAW COMMUNICATIONS PAGER RENTAL 122,70 940034 WESTERN BUSINESS PRODUCTS COPIER MAINT /OVERAGE 2123.83 940036 THREE LAKES LAUNDRY PRISONER LAUNDRY =,5,75 9416- 93 OFFICE DEPOT CARD PLAN SUPPLIES 91.20 941976 WAL —MART SUPPLIES 49.65 942106 MELODY PARSLEY ALTERATIONS 68.00 942110 MELODY PARSLEY UNIFORM REPAIR. 40.00 942112 US POSTMASTER POSTAGE 87.00 942168 TREASURER PETTY CASH REIMS PETTY CASH 23.88 942178 CITY GARAGE PARTS 997.87 DEPARTMENT TOTAL =___. 15739.88 ANIMAL CONTROL ------------------------ - - - - -- CITY OF OWASSO GENERAL FUND 4'14/94 15:05:52 A/P CLAIMS REPORT APAPVP PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- 941735 THREE LAKES VETERINARY SUPPLIES 142.18 941811 DICKIES PANTS 39.23 DEPARTMENT TOTAL = = = =i 181.41 FIRE SERIVCES ------------------------ - - - - -- 940047 MCCAW C_.OMMUNICATIONS PAGER RENTAL 44.90 941915 CHIEF FIRE I SAFETY INC BUNKER GEAR 495.00 941922 INDUSTRIAL UNIFORM COMPAN UNIFORMS 145.32 942069 NATIONAL BUSINESS FURNITU FURNITURE 928.00 942073 TULSA CUSTOM PAINT SERVICES 394.00 942074 MULTIPLIER CORP RADIO BATTERY 87.47 942102 OFFICE DEPOT CARD FLAN FURNITURE 935.97 942152 TULSA AUTO SPRING CO BRAKES 55.00 942152 WAL -MART SUPPLIES 192.80 942160 OWASSO AUTO SUPPLY PARTS 49.11 DEPARTMENT TOTAL = == 3,328.57 STREETS ------------------------ - - - - -- 940124 MCCAW COMMUNICATIONS PAGER PALATAL 22.45 941796 APAC- OKLAHOMA, INC. ASPHALT 786.65 941797 ANCHOR STONE CO STONE /ROCK 142.32 941834 GREEN COUNTRY OUTDOOR EOU PARTS 269.68 94188; KIMBALL ACE HARDWARE MATERIAL 19.99 941941 CINTAS CORP. UNIFORM PENT /CLEAN 142.00 941955 KIMBALL ACE HARDWARE SUPPLIES 101.65 942009 KEYSTONE EQUIPMENT CO REPAIR 1,529.60 942090 NAPA AUTO PARTS PARTS 80.95 942105 RAINBOW CONCRETE CO CONCRETE 774.00 942178 CITY GARAGE PARTS 426.98 DEPARTMENT TOTAL =___% 4,296.27 RECREATION CENTER ------------------------ - - - - -- 941977 MOULDER OLDHAM CO SUPPLIES 133.44 942168 TREASURER. PETTY CASH REIMB PETTY CASH 19.29 DEPARTMENT TOTAL 152.73 SWIMMING POOL ------------------------ - - - - -- 6 CITY OF OWASSO GENERAL FUND 4/14'94 15:05:52 A/P CLAIM'S REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- -----------=------- - - - - -- ------------------- - - - - -- ------- - - - - -- 941492 WATER PRODUCTS INC PARTS 109.33 942119 LOCKE SUPPLY SUPPLIES 57.45 DEPARTMENT TOTAL =___> 166.83 COMMUNITY CENTER ------------------------ - - - - -- 942169 FAMILY SECURITY LOCK & HE KEYS 32.50 942173 WAL -MART SUPPLIES 59.56 DEPARTMENT TOTAL 92.06 PARK MAINTENANCE ------------------------ - - - - -- 940124 MCCAW COMMUNICATIONS PAGER RENTAL 22.45 942124 HUGHES LUMBER CO SUPPLIES 121.22 942125 KIMBALL ACE HARDWARE SUPPLIES 158.34 942168 TREASURER PETTY CASH REIMB PETTY'CASH 36.97 942178 CITY GARAGE PARTS 13.20 DEPARTMENT TOTAL = = = =) 352.18 ECONOMIC DEVELOPMENT ------------------------ - - - - -- 942163 TREASURER PETTY CASH REIMB PETTY CASH 38.10 DEPARTMENT TOTAL = = = =:> 38.10 FUND TOTAL 14,410.79 CITY OF OWASSO WORKERS' COMP SELF -INS PLAN 4/14/94 15:05:5 A/P CLAIM'= REPOT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- GENERAL GOVERNMENT ------------------------ - - - - -- 940170 DARR.ELL EVANS T.T.D. 626.72 942141 WORKER'S COMPENSATION COU 1994 PERMIT 500.00 DEPARTMENT TOTAL 1,126.72 FUND TOTAL =___? 1,126.72 1 CITY OF OWASSO AMBULANCE SEP`.'ICE FUND 4/14/94 15:05:52 A/P CLAIMS REPORT APAF'VF' PAGE: RO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- AMBULANCE ------------------------ - - - - -- 941826 ST FRANCIS HOSPITAL REGISTRATION 941827 ST. JOHN'S MEDICAL CENTER REGISTRATION 941828 ST FRANCIS HOSPITAL REGISTRATION 94194 DYNA MED SUPPLIES 942078 ALLIANCE MEDICAL, INC. SUPPLIES 942153 SUBURBAN OFFICE SUPPLY SUPPLIES 942154 VOLUNTEER FIRE RUNS 942155 PACE PRODUCTS OF TULSA IN OXYGEN /RENTAL DEPARTMENT TOTAL = = = = "> FUND TOTAL = = = =. 100.00 60.00 60.00 344.95 490.72 150.15 445.50 92.00 1,%4?.52 1,74.1,571 1 1 1 1 CITY OF OWASSO E — ^:1 4i j4/94 15 :0q.. =n e,iP CL.A'M�:, REPOPT APAPVF PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- POLICE COMMUNICATIONS ------------------------ - - - - -- 940114 SOUTHWESTERN BELL TELE. E -911 DEPARTMENT TOTAL = = = => FUND TOTAL = = = =? 1,736.96 1,736.96 1,736.96 FUND TOTAL =___` 50.00 CITY OF OWASSO COMMUNITY CENTER 4-'14/94 15:05:52 A/P CLAIMS REPORT APAP"R PAGE: 3 PO # ---- - - - - -- VENDOR ------------------- DESCRIPTION - - - - -- ------------------- - AMOUNT - - - -- ------- - - - - -- COMMUNITY ------------------------------ CENTER 942113 HOWARD STAMPER INSTALLATION 50.00 DEPARTMENT TOTAL =___% 50.00 FUND TOTAL =___` 50.00 CITY OF OWASSO CEMETERY CARE 4/14.94 15:05:52 AIP CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- -----------=------- - - - - -- ------------------- - - - - -- ------- - - - - -- CEMETERY ------------------------ - - - - -- 942048 A -1 FENCE DEPARTMENT TOTAL FUND TOTAL =___) REPLACE FENCE 427.50 427.50 427.50 9 C_.ITY OF OWASSO CITi' G=ARAGE 4!14:94 15;05;5 A'P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- CITY GARAGE ------------------------ - - - - -- 941795 MILEAGE MASTERS TIRES 941929 RON'S WHEEL ALIGNMENT ALIGNEMENTS 941939 TULSA BRAKE AND CLUTCH PARTS 941941 CINTAS CORP. UNIFORM RENT/CLEAN 941951 GO SYSTEMS FUEL 941957 A & E DISTRIBUTING SUPPLIES 942028 INTERSTATE BATTERY SYSTEM BATTERIES 942029 STANDARD AUTO SUPPLY PARTS 942030 EXIDE, CORP BATTERIES 942054 ALLIED BEARINGS SUPPLY CO PARTS 942090 NAPA AUTO PARTS PARTS 942091 ZEE MEDICAL SERVICE SUPPLIES 94093 J k- P AUTO REPAIRS 942103 CLEARKOTE SOAP/CAR WASH 942104 KEYSTONE EQUIPMENT CO PARTS DEPARTMENT TOTAL = = = =? FUND TOTAL = = = =? 391.30 45.00 68.75 259.41 3, 55.49 27.88 5'7.95 39.79 7-2. C' 1 70.4:3 1,261.34 29.0() 137.75 187.00 504.70 6,923.60 6,92 °_.60 13 CITY OF OWASSO CAPITAL IMPROVEMENTS 4/14/94 1c :oc:5'� A'P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DE �;:5CRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- GENERAL GOVERNMENT ------------------------ - - - - -- 942140 HOLMES ARCHITECTURAL SERV SERVICES 2,988.75 DEPARTMENT TOTAL =___) 2,988.75 FUND TOTAL =___} 2,988.75 14 CITY OF Ow&SSO PARK DSVEL.-IDMSN? 4/14/94 15:05:52 A/P CLAI"S RSPO�7 APAPVR FAGS: PO # VENDOR DSSCRIP7IO0 AMOUNT ---------- ------------------------- -'----------------------- ------------- PARKS ------------------------------ 942168 TREASURER PETTY CASH DGp&RTMSB? TOTAL ====> FUND TOTAL ====> REIMB PETTY CASH 40.00 ------------- 40.00 ------------- 40.00 15 CITY OF OWASSO AMBULANCE SERV CAPITAL IMPROVEMENT 4/14/94 15:05:52 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- AMBULANCE ------------------------ - - - - -- 941858 C ENIX CO CAST IN PLACE MANHOLES 37840.75 941859 ROAD BORING SPECIALIST ROAD BORE 6,500.00 DEPARTMENT TOTAL =___) 10,340.75 FUND TOTAL =___) 10,340.75 GRAND TOTAL =___) 94,399.15 16 CITY OF OWASSO A/P TRANSFER REPORT VENDOR DESCRIPTION AMOUNT TRANSFERS CEMETERY CARE REVENUE TRANSFER FROM GENERAL FUND 52.50 AMBULANCE CAPITAL REVENUE TRANSFER FROM AMBULANCE FU 3,289.89 TRANSFERS TOTAL 3,342.39 V CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 04/02/94 DEPARTMENT AMOUNT I Finance 4,489.18 .. ..r : rr..?.+ cr;: ur;... u..;:....;;. i}};...};....;....:,.:.}}? isi:. :..•r.......>:;:..... }:.iq..... .....>:..>::.;..;.:•:.; ?.v:;.�: f ::•ia :... ...... ..: " ". ... ..}::.:}::;.}:. i:. i;•::.:.:.;:.•:.:. i:. i:.::. i;. i<•i;.::i;.;.i;.i;.i;.};.;: i:. i:. i;•;};•;•};•};>. f}.;:. i:;.?:: .i: }::::i::::::::::::::.i::.::: ..:;: .. .:;.:<.:}:.}:. i:.>;•:;•::;•>;• i;•;•»>}:.};.>;.; i;.:;.;.:....;.i;.i;. i;. i:.>:.; i:.>:.:.;:.>:.}:.:. i:. i:. i:.X. ii: ......i:.i:.:.:.:;•; }::. }:.>:.: :<...}}..;. Municipal Court 1,180.22 ':: i, .. �•, .:.:»::i::::: ii:{: ii i:; i::: i:::<•$;. }t$i[i;Ji;:}::i }::};:i iiiiii::i:: iiit: i:}:i i:•:: i:: i:: i::::}}}:. i}}: p;•?:• i;• i;• ii}}; iL} i}}:: }:i<:i:i:i::::i:::: }y��: ............i..vvniii iiiviiiiiiiiiii iiiv: iiii:: ti0iiii} is ..:............................ y:: .................. . .� i4i:�`M. iR'' ' } }ii ?iii } } } } }} }iii }:4 }':::::::: ::v :::::::::::::: ?::::::::::: r:. ?:�::::::::::::: :::w::::nv:•vrp.: .....:.................... W.•. v}: ivii:•: i•} i} iix' Yriv}}: i•}:• kv.•}}} Yr v'. Ji: 4iri}'.: %........... }: :r... :: i....... fv' riJriJ :ti{i3Xvw$.v"vn"w:vv:.v.•.•n'::: m: .w:.w.til.xwrmvtvv.•x ::•x': xv.w:':::. Building Maintenance . . .� A.i .. ..i.. ..:::.•:i:::i:.i: :i : .i:::' v :i:':j:i :<:j .v:}:'rr:: :?..vv : ::Y: f : •:. '} { }:?4i.:: v :tiv::ir:i,v.i,.;i:. i• } i}i :%• .}. :i:i:iv•i.:X:.!:rS- ::w� :i;:i:::i. ::i::i::i:i :.:i: .:iw.:i- : 'r::: i:.i_+:i v ::;'v ::'v:`}.}i .. }>. }`_i}4} . ii_ }i: iSri•n: ifii.}i,v}iv:i;in•}is : iv i: iGviv ;i{ i.:i:i .^. ..: .Ls.t. i;i i::;. :i;i:s . }}':} Li.ii:i.: .ii.i.i.} .i} :::r .i }; . :: ; ..: . .. ;. :iiii. . ... .465..24 i «::} } . <}..}} }; . }::<n:.::.r:.v . .}.i.i.i.:. .} .» ..» ..> : } t};v} i};i ; ii . .: iiiii.. iii...v...i i Central Dispatch .7111-1111! .. 4,893 69 1Akik;T,.'•n�: ��Fv'; 4 w r........r . ..,~.x 111-1111-11111.11.1 .....,..:. ! ...,.. ....... Fire 27,693.75 rr+:rrr +.Nr u:.. a;:•;;.•;:,;;F <c;:o}: <.}•r. <c.; v;r.;.•.x•.;.r.•x;;; :x •.•v•n•::umLxrr::r•.1�.;: rM.+ w:}%?:.}}:•}}:•}:?{•}:•}:•}: i{{{ rripsvrrr.}: i4:•}:}}}; i; n }:�;n }• {. }}}:vi {in };rinv,�iK {;, •%{....... ..' }}}:: n;.•;':'': ii:: i:: i:: i::}:: is :i::i::i::i::ii::i::i::ii::i::: �: '� : }: '• }:• iti iti v: ��: �iiiiijijiiiY: : i:f: iiiiiiiiiii} iiii::::. v::::.• :::::::::::::::::::. v::::::::::: nv::::::::::::::::::::::: ::::::::::::::::::::::.:::::::: .:' v.:• isiLt• i:•%• U: d::.: r:'.: w: Sv:: Nt. L:: 1:.:::::..: iL4: EC.: YfW. J.•••.:•ii::.w:v:iw::.::L:::.:. •••r..L::.::vn.?•x'i::. iii' F•. ww+ k:.: ib::{ ::: LL '1::.:ry.:Y.Jw'Li�w3ivLOCVi>+'w w::::r r.' .:...•+n Recreation Center 2,208.59 Park Maintenance 2,575.30 APPROVED: 04/19/94 Mayor Council Member Council Member CITY GARAGE PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 04/02/94 DEPARTMENT AMOUNT Garage $3,080.98 .... hv,»:. w..:{ w >w..w. >:•,..:, >.,�:.:.,:hnv<,.; �..>:W:.... ... .. :... ..n :::::.,..<{:'�.�.•:�<:n::1,::<: :..A:. > :,,.nN�:�ry„YM; 4;>.w.vv�m..mv..w,,.7::mvh>: :UJfL:::::.iiF.:.Y::�...:ssN.F ' Sw::. Y.: ...K.Si00Yl.G:' %�i4'SV:L•N.Gx•: . +::::44�i••if. ..•.••••••••� ��I� %�1.f APPROVED: 04/19/94 Mayor Council Member or IN Council Member 1 PROCLAMATION CITY OF OWASSO, OKLAHOMA WHEREAS, the Owasso Police Department and the Owasso Public School System have completed another year of cooperative Drug Abuse Resistance Education through the "D.A.R.E." program; and WHEREAS, the D.A.R.E. program seeks to inform and protect the youth of the community by making them fully aware of the real dangers of drug use by bringing a specially trained police officer into the classroom and providing specific, practical instruction and factual support materials to the students; and WHEREAS, the D.A.R.E. program pro - actively seeks to show students in all of Owasso's elementary schools and the Owasso Middle School the alternative choices available when they are faced with today's temptations of drugs and alcohol; and WHEREAS, the D.A.R.E. program has been embraced by the community as a method to reinforce and enhance each student's self esteem as a key to their foundation for decision making today and in the`future; and WHEREAS, the D.A.R.E. program seeks to have a long -term positive impact on the community of Owasso by providing the young people of Owasso with the tools needed to make wise decisions and lead healthy lives; NOW, THEREFORE, I, Bob Randolph, by virtue of the authority vested in me as Mayor of the City of Owasso, in recognition of this important program, do hereby proclaim THURSDAY, APRIL 21, 1994 DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) DAY in Owasso, Oklahoma and encourage the community to support the Owasso Police Department and the Owasso Public School System in their efforts to educate our young people about the dangers of drug use. IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Owasso to be affixed this 19th day of April, 1994. Bob Randolph Mayor I 2 N re-1 ' 1 04 1 TO: I 1 FROM: ' SUBJECT: DATE: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO ROHN MUNN ENGINEERING TECHNICIAN ACCEPTANCE OF THE OWASSO SPORTS -PARK PHASE H LIGHTING April 12,1994 ' BACKGROUND: At the January 18,1994 meeting, the Owasso City Council recommended approval of awarding a ' contract in the amount of $67,500.00 to Lamar Industries, Shawnee, Oklahoma for the purpose of completing lighting work for two softball fields in Phase II. ' Notice to proceed was issued for work to begin on or before February 15,1994. The contract documents required that all work be done by April 26,1994. The lighting contract is now to a place of final acceptance. The Contractor has completed the specified scope of services and has met or exceeded all contract requirements. Inspection of the project has been provided by me. Lamar Industries has requested final payment and a release of all funds. In reviewing all documentation for final payment, there is no reason such request should not be honored. Lamar Industries has all ready received two partial payments totalling $43,143.00, leaving a balance of $24,357.00. RECOMMENDATION: The staff recommends Council acceptance of the lighting portion of Phase II for the Owasso Sports - Park and a release of $24,357.00. MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO ' FROM: ROHN MUNN ENGINEERING TECHNICIAN ' SUBJECT: ACCEPTANCE OF THE PARK SHELTER IN ELM CREEK PARK IDATE: April 12,1994 BACKGROUND: At the February 15,1994 meeting, the Owasso City Council recommended approval of awarding a r contract in the amount of $41,826.00 to Builder's Unlimited, Inc., Tulsa, Oklahoma for the purpose of constructing a park shelter in Elm Creek Park. ' Notice to proceed was issued for work to begin on or before March 14,1994. The contract documents required that all work be done by May 14,1994. The park shelter is now complete and ready for final acceptance. The Contractor has completed the specified scope of services as well as provided the City with a reduction in the total contract amount. This reduction is due to the efficiency of construction by the contractor. Inspection of this project has been provided by the Community Development staff. Builder's Unlimited, Inc. has requested acceptance and release of all funds. In reviewing all ' documentation for final payment,there is no reason such request should not be honored. Builder's Unlimited, Inc. is requesting full payment of $41,115.00. ' RECOMMENDATION: The staff recommends Council acceptance of the park shelter at Elm Creek Park and a release of $41,115.00. MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROHN MIINN ENGINEERING TECHNICIAN SUBJECT: ACCEPTANCE OF THE 76TH STREET NORTH PHASE H CONSTRUCTION PLANS /SPECIFICATIONS AND AUTHORIZATION TO SOLICIT FOR BIDS DATE: April 14,1994 BACKGROUND: The design work for the above mentioned project is complete. This is the final 1988 Bond Issue project and it is the second phase to the 76th Street North improvements. The project shall consist of improvements to 76th Street North /Main Street intersection along with the approach lanes to the intersection. The following is a summary of the improvements to the 76th Street North Phase II project: * Milling the intersection of 76th /Main west to Atlanta, north to 1st Avenue, and the south 50' from the intersection. * Resurfacing will be done where milling is conducted. * Overlaying will be needed south of the intersection of 76th Street North /Main to 3rd Avenue. * New curb /gutter construction will be in the following areas: 1) Along the south side of 76th Street North from Main to Birch. 2) At all curb returns of the intersection of 76th /Main. 3) Along the east side of Main Street from 76th Street North to 3rd Avenue. 4) Along the east and west sides of Main Street from 76th Street North to the alleyway between 76th and 1st Avenue. * New sidewalks along the south side of 76th Street North from Main to Birch and south along the east side of Main Street from the intersection of 76th /Main to the first drive. * Full signalization, which shall consist of: - 4 steel poles w /mast arms - signals for each lane - new solid state controller - pedestrian walk/don't walk lights - 4 luminaries * Left turn bays in all four directions will be added. * Rework the south east bound lane from the west bank entrance to the intersection of 76th /Main. * Adding a lane for north or east bound traffic on the south leg of the intersection of 76th /Main. * Striping on 76th Street North from Birch to Atlanta and on Main Street from 3rd Avenue to 1st Avenue. * Adding new storm sewer at the intersection of 76th /Main. * Utility relocation at the southeast corner of the intersection 76th /Main. * Right -of -way acquisition at the southeast corner of the intersection of 76th /Main. FUNDING SOURCE: Approximately $114,077.00 remains in the 1988 Bond Issue fund. Construction costs are expected to be approximately $100,000.00. Costs for right -of -way acquisition and utility relocation are expected to be approximately $14,000. There is a good possibility that the bids will come in higher than the anticipated $114,000 estimated. However, the contract documents are written with alternates in order to allow the City the flexibility of choosing any one alternate and staying within the $114,077. PROTECT SCHEDULE: The following schedule is proposed for this project: Council authorization to solicit bids April 19,1994 Advertisement for bids April 28,1994 Mandatory pre -bid meeting May 19,1994 Bid opening May 26,1994 Award contract June 7,1994 Begin construction (60 days) June 20,1994 Complete construction August 18,1994 PROTECT ADMINISTRATION: The project administration for this project will be accomplished by the city staff members. This is a relatively small, clean job that should pose no serious challenges to our own existing capabilities. RECOMMENDATION: The staff recommends Council acceptance of the construction plans and specifications and authorize solicitation of bids for the 76th Street North Phase II improvements. ATTACHMENTS 1) Conceptual construction plans Ln o N o a N ° MATCH LINE STA. 5 +00 MATCH L.INE ST A, 5-100 \\ \\ \ \\\ \` \ \� 1 •\ CL3P MT. i 1 r \ \ \ \ \ \ \ \� �\�\� \,\� \ \\ \\ \\ 593.5 + \� \� \\\\\ I I I II I \ \ \ \ \ \� o CL P MT. 3`� \ \� \ \� \� L 5-93.51 CL P MT. ' £ --- - -T --� I 4tQ0�../ mc.,evr�6wx;. rsasxr. 0 m susvcv sale a MAIN S . 593.6 z D + < "s T r, a ui CL P MT. ar„ p O - I . Sq 1 Lill w 594.2 CL P MT. 0 £ r1 = = i 1 I �\\\3 +OO,W\ IW i I �\ \\� p ' 1 I I \ \ \ I I 594.7 + o CL P MT. ufana3o I 1 1 �\ \ m \ \ \ \\ uI o Lrtt \ \ + z I I I \ \ \\ �, \2 +OOW II � \ s9s.i CL P MT. � z I I I A II L� I = I�--- - - - - -- + o CL P MT. < z r I I I ti I I o i~ I I I 11 N + I III I� 1 OOW p I 0 £ 596.7 CL P MT. z r l II • 1. LLiI I I I an swo�ar. II �' li + 597.6 CL P MT. it ii o I ass ar•uutir. � 0 - - -- i _ / _ 598— '72- CL P MT. BIRCH w r '�1_ � �.�t. z •�•ru _ _ . G m M l I I . • w�,.r. a STATION 0- 511 BEGIN PROD CT I U N ID T 2 0 Ln Ln p§ N o N N o u � MATCH LINE STA, 10 +75 MATCH INE ST , 10 75 604.3 CL P MT. 1 �' I I a + 0 I ° 1 / uw O0 ,lAO.rIT. 603.9 £ CL P MT. -- - - - - -- �19 I �' 1 ,..a rutcaaar. 603,3 CL P MT. °o ? \r..'�,ti I \ 10,+•AO�1d o N f.TT NtL1latT. suieLT. 1 — Nm, � 0 vera v K.aTxT. � j I I y m r .• rvwc > 1 �-' "�; a. ms.•Ma 603,0 £ CL P MT. .vwFT. a � ,.,, � .• .K.KT. �, L , �— i t naaz� taawvt 602,6 `° o+° CL P MT. I I -,D I i _ 9 +OOW m —A*T. + £ I_ 607.01 CL P MT. m 1. 11 I I� m r, o I m ++ 599.2 '� I N CL P MT, OD I pp 81 +00w i I 1 Z I I• - 596.5 a o £ CL P MT, Z F I„ II j ATLANTA C ASPHALT ) m T•,u ra 11 -SF. s.ren ai 593.8 4' Joa p as + �,•ww,�..— + .xcnan. I . NT1,1 VN.K i ♦ c i ' 0 593.6 CL I I ° PVMT. a, 6 +00W C !•n NEPiLT. N \'�``c` 0 593,5 T 1\- ��f J p 11 I S ..KT ,,.a .� �ti�„�.•�T. I.T z \` \ \ \ \ \ \`y ; „,•, °�',':;® LI E TA. 5 +0 a M ATCH LINE STA, 5 +00 N _ o I I Lii�i�i e3 - - - - - -T Q ° 0 4 +OOW v.na — — — — — 1 I ' v co wee mxrearm. a.w swr�r. MAIN STREET„ z—{3. N �ST a�� r1— P �JI \� 3 OOW LL I I I—T. L III 11 II r�\2 +OOW IL 1. — — 11 N rl +OOW� 00 I I I I I ' Po z 1 N „a „a, , I I I ow *r _ e.ue ruc vnmrtisstir CITY OF OWASSO, OKLAHOMA CITY COUNCIL BDB RANDOLPH, MAYOR JDHN PHILLIPS, VICE MAYOR MARY LOU BARNHOUSE, COUNCILOR REX BOWEN, COUNCILOR CHARLES BURRIS, COUNCILOR CITY STAFF RODNEY J. RAY, CITY MANAGER RONALD D. CATES, CITY ATTORNEY F. ROBERT CARR. PUBLIC WORKS DIRECTOR L- OCA TZ' =IV MAP IO = INDICATES THE SHEET NUMBER 'I INDEX OF SHEETS L C ➢YER -T P. itlIFAI1 MTE3 x rux ` vasac )snl n. x xxl mrc3c )anl sr. a s. ilwn a ntffac )aTx n. a s rLxi a icvac rwx sr. x ). R,W a PP00.E MI,M Sr. x a ovnalr run id nnl V. a 9. ➢V[➢L),Y /LIiN i➢R IWN ST. S la sldu nul fut )STx1wd IL SIdi1L M..w Id )6TWMAW IL SI. 8,111 11 . 11 Sld. la PW1 F. id ).TWIMIN MISL W'TaC.S 11 STWMN ➢S APPROVED BY: MTU ff,q 1 • WE 1 L- OCA TZ' =IV MAP IO = INDICATES THE SHEET NUMBER 'I INDEX OF SHEETS L C ➢YER -T P. itlIFAI1 MTE3 x rux ` vasac )snl n. x xxl mrc3c )anl sr. a s. ilwn a ntffac )aTx n. a s rLxi a icvac rwx sr. x ). R,W a PP00.E MI,M Sr. x a ovnalr run id nnl V. a 9. ➢V[➢L),Y /LIiN i➢R IWN ST. S la sldu nul fut )STx1wd IL SIdi1L M..w Id )6TWMAW IL SI. 8,111 11 . 11 Sld. la PW1 F. id ).TWIMIN MISL W'TaC.S 11 STWMN ➢S APPROVED BY: MTU MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: MICHELE DEMPSTER PERSONNEL OFFICER SUBJECT: APPROVAL OF UPDATED DEFINED CONTRIBUTION PLAN FOR THE OKLAHOMA MUNICIPAL RETIREMENT FUND DATE: April 11, 1994 BACKGROUND The fiscal year 1992 -1993 budget included the implementation of a supplemental retirement option, or Thrift Plan. A Thrift Plan is a Defined Contribution retirement plan. Participation in the Thrift Plan is an option available to all full -time employees. Participants in the Thrift Plan can contribute up to 2% of their base earnings with the City contributing matching funds of $0.50 on the $1.00. Employees may also make additional contributions not matched by the City, up to 10% of base earnings. The City's Thrift Plan is administered through Oklahoma Municipal Retirement Fund or OMRF. The OMRF Defined Contribution Plan is governed by the same Board of Trustees that governs the OMRF Defined Benefit Plan (the mandatory retirement plan for non police and fire employees). The retirement plans are administered by the Trustees through plan documents. The Board of Trustees has recently approved a new plan document for Defined Contribution Plans. The new plan document includes several changes required by the IRS and changes to clarify benefits. Attachment 1 is an outline which itemizes each of the changes in the plan. Significant changes include the following: • Distributions to non - vested participants, who leave employment, will no longer require the ninety -day break in service before payment. • Distributions can be designated by the participant, without any of the previous limitations. The participant can receive a partial payment upon request, then additional distribution whenever designated. (Previously, the person could only receive a lump sum or equal distributions over a specified amount of time.) • Transfers to and from the System no longer provide Service Credit toward a participant's vesting, i.e.: if an employee transfers from one department (where covered under another state pension plan) to a position where he will be in OMRF, the previous service cannot be used toward the OMRF vesting credit. Further clarification is also provided for transfers to and from the System when it includes another OMRF member (city, town or agency). • Employees who receive distributions during the fiscal year will share in the City's contribution for that fiscal year, even if not employed on the last day of the fiscal year. Previously the employee did not share in the City's contribution for that fiscal year, if not employed on the last day of the fiscal year. This was not our intent when the plan was set up. With the plan set up the way it is now when an employee leaves or retires in the middle of the year, they do not receive any of the City's matching contributions for that fiscal year. The proposed ordinance has an effective date of July 1, 1993, this allows proposed changes to be made retro- active to July 1, 1993. Therefore, an employee who retired in January of this year will be able to receive the City's matching contributions for this fiscal year. RECOMMENDATION The staff recommends Council approval of Ordinance No. 481 evidencing adoption of the updated Defined Contribution Plan. ATTACHMENTS 1. Outline of Specific Changes in Plan. 2. Master Defined Contribution Plan document. 3. Joinder Agreement. 4. Ordinance. 1 r OUTLINE OF SPECIFIC CHANGES IN aRF REVISED AND RESTATED DEFINED CD=,IBUTION PLAN DOCUM_iNT ARTICLE II - Definitions 2.1 Administration - added as new definition 2.3 Authorized Agent - added as new definition 2.5 Beneficiary - Section reference changed from 6.12 to 6.11 2.8 Code - reference changed from Internal Revenue Code of 1954 to 1986 2.10 Cbmpensation - added exclusion of extraordinary severance payments and special payments. Added paragraph defining compensation in excess of $200,000 2.11 Construction - added as new definition 2.12 Deductible Participant Contribution - added 'no Deductible Participant Contribution may be made after January 1, 1987' 2.19 Participant Rollover Account - new definition. Succeeding sections in Article II renumbered. 2.27 Municipality - redefined 2.30 OMRF - Reference to Oklahoma Statutes updated 2.36 Previous Plan - added as new definition 2.41 Valuation Date - had previously been shown as 'Annual Valuation Date' - definition changed by referring to midnight on the last day of the period selected in the Joinder Agreement (All references to Employee accounts change-to Participant accounts in this Article) ARTICLE III - Eligibility and Participation 3.3 Reemployment of Former Participants - all reference to Employee changed to Participant 3.4 Reemployment of Retired Participants - all reference to Employee changed to Participant ARTICLE IV - Contributions 4.4 Deductible Participant Contributions - Prevents deductible participant contribution after January 1, 1987. 4.5 Voluntary Nondeductible Contributions by Participants - deleted participant contribution percentages and reference to failure to contribute max'mum amount. Target Benefit Contribution Section - deleted 4.10 Actual Deferral Percentage Tests - new Section which includes break -up of language that was included under old Section 4.10 (Deferred Contributions) 4.11 Adjustment to Actual Deferral Percentage Tests - new Section defining necessity of additional tests or adjustments if initial allocations of the Employer's Elective Contributions do not satisfy one of the tests as defined in Section 4.10(a) (All references to Employee Contributions changed to Participant Contributions) Page 2 OUTLINE OF SPECIFIC CHA?=C IN OMRF REVISED AND RESTATE DEFT= CON7RIBUTION PI1AI`1 DOCUMIIVT ARTICLE V - Accounting, Allocations and Valuation 5.1 Accouhts - Changed Dnployee Deferred Compensation to read Employee Deferred "ontributions 5.2 Eligibility for Allocation - reference to Plan Year changed to Valuation Date with reference to Joinder Agreement 5.3 Allocations of Contribution - reference to Plan Year changed to Valuation Date 5.5 Valuation Date Adjustment - this is a title change in Section from 'Annual Adjustment' - with reference to Plan Year changed to Valuation Date 5.6 Method of Adjustment - new Section which conforms to the actual practice (Reference to loans deleted. Changed terminology of Elective Deferral to Contribution) 5.11 Maximum Additions - last part of this Section referring to "Additions" - definition has been updated in accordance with change in regulations ARTICLE VI - Benefits 6.5 Initial Distribution Date - added Section, (e) 'no longer satisfy definition of Employee as defined in the Joinder Agreement' 6.7 Participant Contribution Accounts - changed,terminology from EYnployee to Participant 6.8 Withdrawals From Participant's Contribution Accounts - changed terminology from Employee to Participant 6.9 Withdrawals From Participant's Mandatory Contribution Account - changed terminology from Employee to Participant 6.10 Methods of Distribution - added paragraph (d) periodic distribution as designated by the participant or beneficiary; and paragraph (e) lump sum distribution to another Trustee or an IRA Rollover Account ARTICLE VII - Notices No changes ARTICLE VIII - Amendment and Termination No chancres ARTICLE IX - Employment Transfers Titled 'Concerning Other Qualified Plans' in old document. Includes Sections 9.1 and 9.2 regarding transfers from this System to another category with this employer; To another Municipality. Transfers to this System from another category with this Employer and from another Municipality. Pacre 3 OU'T'LINE OF SPECIFIC CHANGES IN OMRF REVISED AND RESTATED DEFINED CONTRIBUTION PLAN DOCUMENT ARTICLE IX Continued 9.1 Transfers from This System - reference to Pensions changed to Benefit 9.3 Notice of Transfers - new Section stating transferred employee should give written notice to the Authorized Agent, and the Authorized Agent shall give immediate notice in writing of such transfers to the Trust Administrator and the Retirement Committee. ARTICLE X -.Administration - formerly titled 'The Committee' 10.1 Administration - describes that the System will be administered by a Board of Trustees (the Retirement Committee) and defines their duties with sub - sections composed of the Retirement Committee, Authorized Agent, City Treasurer, City Personnel Officer, and Municipal Counselor 10.2 Bonds - defines when needed, how paid for and who would be covered by a bond 10.3 Benefit payments - states how the Retirement Committee shall attempt to locate missing claimants and how funds will be handled (changed reference to actuary to administrator) 10.4 Unclaimed Benefits - changed any reference to forfeitures to unclaimed benefits ARTICLE XI - General No changes OKLAHOMA MUNICIPAL RETIREMENT SYSTEM MASTER DEFINED CONTRIBUTION PLAN (AS AMENDED AND RESTATED JULY 1, 1992) "EXHIBIT A" I& TABLE CF CONTENTS II. Purpose and organization 1.1 Purpose ...................................... 1.2 Parties ....... ............................... II. oefinitions 2.1 Administrator ............................... 2.2 Amount(s) Forfeited .......................... 2.3 Authorized Agent ............................. 2.4 Authorized Leave of Absence .................. 2.5 Beneficiary .................................. 2.6 Break in Service ............................. 2.7 City Council ................................. 2.8 Code .......................................... 2.9 Committee .................................... 2.10 Compensation .. ............................... 2.11 Construction ................................... 2.12 Deductible Participant Contribution.......... 2.13 Effective Date ............................... 2.14 Employer ...... ............................... 2.15 Participant Deductible Contribution Account.. 2.16 Participant Deferred Contribution Account.... 2.17 Participant Mandatory Contribution Account... 2.18 Participant Nondeductible Contribution Account...... ............................. 2.19 Participant Rollover Account ................. 2.20 Employment Commencement Date ................. 2.21 Fntry Date .... ............................... 2.22 Fund .......... ............................... 2.23 Investment Manager .......... .................. 2.24 Joinder Agreement ............................ 2.25 Limitation Year .............................. 2.26 Mandatory Contributions........ ............ 2.27 Municipality .. ............................... 2.28 Municipality Contribution Account............ 2.29 Normal Retirement Date ....................... 2.30 Oklahoma Municipal Retirement Fund........... 2.31 Participant ... ............................... 2.32 Participation . ............................... 2.33 Plan .......... ............................... 2.34 Plan Year ........ .......... ................ 2.35 Period(s) of Service or Service .............. -i- Page 1 1 2 2 2 2 2 3 3 3 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 5 6 6 Page 2.36 Previous Plan . ............................... 6 2.37 Retirement.. ... .......................... 6 2.38 Rollover Contributions... ................. 6 2.39 Total and Permanent Disability ............... 8 2.40 Trustee .... .. ............................... 8 2.41 Valuation Date ............................... 8 ITT. Eligibility and Participation 3.1 Eligibility ... ............................... 9 3.2 Entry Date ................................... 9 3.3 Reemployment of Former Participants.......... 9 3.4 Reemployment of Retired Participants......... 9 3.5 Communication to Employees ................... 9 TV. Contributions 4.1 Contributions by Employer .................... 10 4.2 Required Participant Contributions........... 10 4.3 Mandatory Contributions......... ........... 10 4.4 Deductible Participant Contributions......... 10 4.5 Voluntary Nondeductible Contributions by Participants. ............................ 11 4.6 Change of Rate of Voluntary Contributions by Participant ................. 12 4.7 Participant Contributions Nonforfeitable..... 12 4.8 Pick -up Contributions ........................ 12 4.9 Deferred Contributions ....................... 13 4.10 Actual Deferral Percentage Tests ............. 13 4.11 Adjustment to Actual Deferral PercentageTests ............................. 16 V. Accounting, Allocation and Valuation 5.1 Accounts.... ... 19 5.2 Eligibility for Allocation ................... 19 5.3 Allocation of Contribution ................... 19 5.4 Allocation of Amounts Forfeited .............. 19 5.5 Valuation Date Adjustment .................... 19 5.6 Method of Adjustment ......................... 20 5.7 Accounting for Participants' Contributions... 21 5.8 Accounting for Statement of Account.......... 21 5.9 Time of Adjustment ........................... 21 5.10 Special Valuation Date ....................... 21 5.11 Maximum Additions..... 21 5.12 Limitations on Allocations ................... 23 -ii- 40 VI. Benefits Page 6.1 Retirement or Disability ..................... 29 6.2 Deferred Retirement Transfer 6.3 ......................... Death of a Participant 29 6.4 ........................ Termination for Other 29 9.4 Reasons /Vested Percentage .................... 29 6.5 Initial Distribution Date Transfer 6.6 .................... Determination of Amounts Forfeited........... 29 30 6.7 Participant Contribution Accounts............ 30 6.8 Withdrawals From Participant's Deductible Nondeductible Contribution 6.9 Accounts..................................... Withdrawals from Participant's Mandatory 30 Contribution Account ....................... 31 6.10 Methods of Distribution 31 6.11 ...................... Designation of Beneficiary 6.12 ................... Loss of Benefits for Cause ................... 33 33 VII. Notices 7.1 Notice to Oklahoma Municipal Fund............ 34 7.2 Subsequent Notices ........................... 34 7.3 Copy of Notice... 34 7.4 Reliance Upon Notice........ ............... 35 VIII.Amendment and Termination 8.1 Termination of Plan____________ 8.2 Suspension and Discontinuance ofContributions ............................. 36 8.3 Liquidation of Trust Fund .................... 36 8.4 Amendments .... ............................... 37 IX. Employment Transfers 9.1 Transfer from This System .................... 38 9.2 Transfer to This System ...................... 39 9.3 Notice of Transfers .......................... 40 9.4 Transfer from other Qualified Plans.......... 40 9.5 Transfer to Other Qualified Plans............ 40 X. Administration 10.1 Administration ............................... 41 10.2 Bonds ......... ............................... 45 10.3 Benefit Payments ............................. 45 10.4 Unclaimed Benefits ........................... 46 -iii- Page XI. General 11.1 Not Contract Between Employer and Participant 47 11.2 Payment of Fees 47 11.3 Governing Law . ............................... 47 11.4 Counterpart Execution ........................ 47 11.5 Severability ................................. 47 11.6 Spendthrift Provisions ....................... 47 11.7 Maximum Duration 48 11.8 Number and Gender ............................ 48 11.9 Compensation and Expenses of Administration 48 11.10 Incorporation of Trust Agreement ............. 48 11.11 molding of Contributions ..................... 49 -1v- 1 ORLAROMA MUNICIPAL RETIREMENT FUND MASTER DEFINED CONTRIBUTION PLAN ARTICLE I Purpose and Organization 1.1 Purpose: The purpose of this Plan is to encourage the loyalty and continuity of service of the Participants, to provide retirement benefits for all regular, full -time Employees of the Employer, as hereinafter defined, who complete a period of faith- ful service and become eligible hereunder, and to the extent payments are made as a result of Total and Permanent Disability, to qualify as an accident or health plan within the meaning of section 105 of the Code in addition to qualifying under Section 401(a) and 501(a) of the Code. The benefits provided by this Plan will be paid from a Fund established by the Rmployer and will be in addition to the benefits Employees are entitled to receive under any other programs of the Employer and from the Federal Social Security Act. This Plan and the separate related Fund forming a part hereof are established and shall be maintained for the exclusive benefit of the eligible Employees of the Employer and their beneficiaries. 1.2 Parties: The Oklahoma Municipal Retirement Fund hereby adopts and establishes this Master Plan for the benefit of Employees of those Employers, as defined herein, formed, chartered or incorporated under the laws of the State of Oklahoma, who wish to adopt it by executing a Joinder Agreement which incorporates this Master Defined Contribution Plan and the Master Fund by reference. 1 ARTICLE 11 Definitions Where the following words and phrases appear in this Plan, they shall have the respective meanings set forth below, unless their context clearly indicates to the contrary: 2.1 Administrator: The person appointed by the Trustees to supervise operation of the Oklahoma Municipal Retirement Fund and to assist participating municipalities in the adoption and operation of their retirement systems thereunder. 2.2 Amount(s) Forfeited: That portion of a terminated Participant's Municipality Contribution Account to which such Participant is not entitled because of insufficient Service. 2.3 Authorized Agent: The City Clerk of the Employer or such other person designated by the Employer to carry out the efficient operation of the System at the local level. 2.4 Authorized Leave of Absence: Any absence authorized by the Employer under the Employer's standard personnel practices applied to all persons under similar circumstances in a uniform manner, including any required military service-.during which a Participant's reemployment rights are protected by law; provided that he resumes employment with the Employer within the applicable time period established by the Employer or by law. 2.5 Beneficiary: Any person or entity designated or deemed designated by a Participant as provided in Section 6.11. 2.6 Break in Service: The expiration of ninety (90) days from the date the Participant last performed Service for the Employer for which such Participant was entitled to wages as defined in Section 3121(a) of the Code unless the Participant is on Authorized Leave of Absence. If a Participant does not resume ' employment with the Employer upon the expiration of an Authorized Leave of Absence, the Participant will be deemed to be absent from work on the first day of his Authorized Leave of Absence for purposes of determining if the Participant has a Break in service. ' 2.7 City Council: The City Council or Board of Trustees or other duly qualified and acting governing authority of the ' Employer. 2.8 Code: The internal Qevenue Code of 1986, as amended from time to time. ' 2 ' 2.9 Committee: The City Council, which shall also act as the Plan Administrator. ' 2.10 Compensation: means total cash remuneration paid to a Participant by the Employer for personal services as reported on the Participant's federal income tax withholding statement or _statements (Form W -2 or its subsequent equivalent), exluding, however, any extraordinary severance payments, such as accrued vacation or sick .pay, and excluding special payments, such as moving expenses, and benefits provided under any Employer sponsored employee benefit program. For purposes of determining a participant's compensation, any election by such participant to ' reduce his regular cash remuneration under Code Section 125, 401(k), 414(h) or 457 shall be disregarded. Compensation in excess of X200,000 shall be disregarded. Such amount shall be adjusted at the same time and in such manner as permitted under Code Section 415(d). in applying this limitation, the family group of a gighly Compensated Participant who is subject to the Family Member aggregation of Code Section 414(q)(6) because such Participant is either a "five percent owner" of the 'Employer or one of the ten (10) Highly Compensated Employees paid the greatest 11415 Compensation" during the year, shall be treated as a single Participant, except that for this purpose Family Members shall include only the affected Participant's spouse and ' any lineal descendants who have not attained age nineteen (19) before the close of the year. if, as a result of the application of such rules the adjusted $200,000 limitation is exceeded, then the limitation shall be prorated among the affected Family Members ' in proportion to each such Family Member's Compensation prior to the application of this limitation. ' 2.11 Construction: The masculine gender, where appearing in the System, shall be deemed to include the feminine gender, unless the context clearly indicates to the contrary. The words "hereof ", ■ "herein ", "hereunder" and other similar compounds of the word I� "here" shall mean and refer to the entire System, not to any particular provision or section. r 2.12 Deductible Participant Contribution: The amount a Participant may voluntarily contribute pursuant to Section 4.4 of the Plan which may not exceed the lesser of $2,000 (or such higher t limit as allowed by the Code), or 100% of Compensation, and is deductible from gross income by the Participant pursuant to the Code. No Deductible Participant Contributions may be made after January 1, 1987. 1� 3 2.13 Effective Date: The later of: (a) the date specified in the Joinder Agreement; or (b) the first day on which the Plan has a Participant. 2.14 Employer: A Municipality chartered, incorporated or formed under the laws of the State of Oklahoma which executes the Joinder Agreement. 2.15 Participant Deductible Contribution Account: The account maintained for a Participant in which his Deductible Participant Contributions and adjustments relating thereto are recorded. 2.16 Participant Deferred Contribution Account: The account maintained for a Participant in which his Rmployer contributions resulting from the Participant's election under Gection 4.9 of the Plan and adjustments thereto are recorded. 2.17 Participant Mandatory Contribution Account: The account maintained for a Participant in which his Mandatory Contributions and adjustments relating thereto are recorded. 2.18 Participant Nondeductible Contribution Account: The account maintained for a Participant in which-his voluntary nondeductible contributions and adjustments relating thereto are recorded. 2.19 Participant Rollover Account: The account maintained for a Participant in which any Rollover Contributions are recorded. 2.20 Employment Commencement Date: The first day of the first pay period during which the Participant receives wages as defined in Section 3121(a) of the Code from the Employer. 2.21 Entry Date: The date an Employee becomes a Participant. 2.22 Fund: The fund established to provide the benefits under the System for the exclusive benefit of the participants included in the System, and which will be pooled with similar funds of other incorporated cities and towns of Oklahoma as a part of the Oklahoma Municipal Retirement Fund, for purposes of pooled management and investment. 2.23 Investment Manager: A person who is either (i) registered as an investment adviser under the Tnvestment Advisers Act of 1940, (ii) a bank, as defined in the Tnvestment Advisers Act of 1940, or (iii) an insurance company qualified to perform investment management services under the laws of more than one state. 4 I I I I I I I 2.24 Joinder Agreement: The agreement by which the Employer adopts this Plan and Fund as its Plan and Fund. 2.25 Limitation Year: The twelve (12) consecutive month period ending on June 30th of each year. 2.26 Mandatory Contributions: Contributions, if elected by the Employer in the Joinder Agreement, which Participants are required to make in order to participate in the Plan. 2.27 Municipality: (1) each and every incorporated municipality in the State of Oklahoma; (2) public trusts having municipality(ies) as a beneficiary(ies); (3) interlocal cooperatives created pursuant to 74 Oklahoma Statutes, Sections 1001, et seq., between municipalities and /or their public trust, and; (4) any other legal entity comprising a municipal authority as that term is used in Chapter 48 of Title 11 Oklahoma Statutes, which has adopted a plan or system as herein defined and which has become a participant in this trust according to the terms hereof. 2.28 Municipality Contribution Account: The account maintained ' for a Participant in which his share of the contributions of the Employer and the Amounts Forfeited and any adjustments relating thereto are recorded. r2.29 Normal Retirement Date: The first day of the month occurring on or next following the date a Participant attains sixty -five (65) years of age. 2.30 Oklahoma Municipal Retirement Fund: The trust sponsored by the Oklahoma Municipal League created in accordance with ' Sections 48 -101 et. seq, of Title 11, Oklahoma Statutes 1981, to combine pension and retirement funds in incorporated cities and towns of Oklahoma for purposes of management and investment, ' represented by and acting through its Board of Trustees. 2.31 Participant: Any 7mployee or former Employee who meets the eligibility requirements and is covered under the System. ' 2.32 Participation: The period commencing as of the date an Employee became a Participant and ending on the date the final distributions of all the Participant Contribution Account balances and Municipality Contribution Account balances are made. 2.33 Plan: The Oklahoma Municipal '? etirement System Master Defined Contribution Plan set forth herein, and all subsequent amendments. 2.34 Plan Year: means the twelve (12) consecutive month period ending June 30th of each year. The initial or final Plan Year may be less than a twelve (12) consecutive month period. 2.35 Period(s) of Service or Service: (a) A Participant's last continuous period during which Participant was an Employee of the Employer and /or any other Municipality prior to the earlier of his retirement or 3reak Service. (i) Service includes employment with a Municipality other than the Employer prior to the time that the other Municipality adopted the Oklahoma Municipal retirement Fund if the other Municipality credits that past service under it's plan; and (ii) Service for the Employer does not include employment with any Municipality if that service would not be included under the Municipality's Oklahoma Municipal retirement Fund retirement system. the in (b) Concurrent employment with more than one Municipality shall be credited as only one period of Service. . (c) The expiration of the term of office of an elected official shall not be considered as interrupting continuity of employment, provided the official is re- elected for a consecutive term. (d) Any reference in this Plan to the number of years of Service of a Participant shall include fractional portions of a year. 2.36 Previous Plan: The Plan, if any, being replaced and continued without interruption by adoption of a new Joinder Agree- ment. 2.37 Retirement: Termination of employment upon a Participant's attaining age 65. 2.38 Rollover Contributions: Any contributions by a Participant to his Participant Contribution Account which are contributed to such account no later than the sixtieth (60th) day after the amount of the contribution is received by the Participant: 6 ' (a) from a Participant's trust or annuity plan qualified under Section 401(a) or 403(a) of the Code (i) where the total ' amount to the Participant's credit became payable to the Participant on account of the Participant's separation from service, or attainment of age fifty -nine and one -half (59 1/2), ' and was distributed to the participant within one taxable year, or (ii) where the total amount to the Participant's credit became payable to the Participant on account of a termination of or ' discontinuance of contributions to such plan or trust and was distributed to the Participant within one taxable year; provided that, (i) the amount of the contribution does not include the Participant's nondeductible contributions to the prior plan; (ii) if the distribution included property (other than money), the contribution shall be of the same property or all or a portion of the proceeds from the sale of such property; and (iii) such Participant was not a self- employed employee at the time contributions were made to such plan or trust on his behalf; or (b) all or any portion of an amount from an individual ' retirement account or individual retirement annuity maintained for the benefit of the Participant, or from the redemption, prior to the end of the taxable year in which the owner attains age seventy and ' one -half (70 1 /2), of a retirement bond of which the Participant was the registered owner, the value of which account, annuity, or bond is attributable solely to "rollover contributions" (and subsequent earnings attributable thereto) from a qualified annuity plan under which the Participant was not a self employed employee at the time contributions were made thereto on his behalf; provided that, any property (other than money) included in the Rollover Contribution shall be the same property held by the prior individual retirement account or individual retirement annuity or all or part of the proceeds from the sale of such property. The Participant must designate to the Committee at the time of the Rollover Contribution any portion of such contribution which is accumulated deductible Participant contributions and which must be credited to his Participant Deductible Contribution Account. All other Rollover Contributions shall be credited to the Participant's Nondeductible Contribution Account. 7 2.39 Total and Permanent Disability: A physical or mental condition which, in the judgment of the Retirement Committee, totally and presumably permanently prevents a Participant from engaging in any substantial gainful employment. A determination of such disability shall be based upon competent medical evidence. 2.40 Trustee: The Trustees appointed pursuant to the Trust Indenture establishing the Oklahoma Municipal Retirement Fund. 2.41 Valuation Date: Midnight on the last day of the period selected in the Joinder Agreement. E:3 I I I I ARTICLE III Eligibility and Participation 3.1 Eligibility: An Employee, as defined in the Joinder Agreement, who has satisfied all the requirements set forth in the Joinder Agreement shall be eligible to participate in the Plan. 3.2 Entry Date: The participation of an Employee eligible to become a Participant shall commence on the earliest date permitted by the Employer in the Joinder agreement. 3.3 Reemployment of Former Participants: Subject to Section 3.4, if a Participant incurs a Break in Service and is subsequently reemployed by the Employer, the Participant shall not receive any credit for his previous Period of Service with the Employer. A Participant who is not entitled to credit for previous Periods of Service with the Employer shall be treated in the same manner as a person who has not previously been employed by any Municipality. 3.4 Reemployment of Retired Participants: if a retired Participant is reemployed by the Employer, no distributions shall be made from the Plan during the period of such reemployment. Periods of Service prior to such Participant's retirement shall count as Periods of Service for purposes of determining such Participant's vested interest in his Municipality Contribution Account. 3.5 Communication to Employees: The Employer shall notify Employees of the establishment of this Plan and the salient provisions hereof. 9 ARTICLE IV Contributions 4.1 Contributions by Employer: The Employer shall make such contributions as set forth in the Joinder Agreement. Such contributions shall be made from the operating revenue of the current taxable year or from accumulated revenue or surplus, as appropriate. The contribution shall be determined by written action of the Employer stating the amount of such contribution, and by the payment of such stated amount to the Trustee monthly. Upon execution of the Joinder Agreement, the Employer will contribute One Dollar ($1.00) to establish the -und. All Participant contributions shall be transmitted monthly to the Trustee after being withheld by the Employer. The Trustee shall hold all such contributions, subject to the provisions of the Plan and Fund, and no part of these contributions shall be used For, or diverted to, any other purpose. 4.2 Required Participant Contributions: If the Employer so elects in the Joinder Agreement, Participants shall not be required to contribute to the Plan. 4.3 Mandatory Contributions: If the Employer so elects in the Joinder Agreement, as a requirement for Participation in the Plan, a Participant shall contribute to the Plan'for each Plan Year the percentage of his Compensation set forth in the Joinder Agreement. Mandatory Contributions shall be made by payroll deductions. The Participant shall authorize such deductions in writing on forms approved by, and filed with, the Committee. 4.4 Deductible Participant Contributions: If the Employer elects in the Joinder Agreement, a Participant may contribute to the Plan for each of his taxable years an amount up to or equal to the Deductible Participant Contribution. The Participant must furnish the Committee at the time of any Participant contribution a written irrevocable election designating such contribution as deductible from gross income pursuant to the Code and designating the taxable year for which the Participant will deduct such contribution. Deductible Participant Contributions will be deductible by the Participant for the Participant's taxable year in which such contributions are made or deemed made. A Deductible Participant contribution made on or before April 15th may be deemed made on the last day of the Participant's preceding taxable year to the extent such Participant qualifies for additional 10 n 1 a 0 1 deductions under the Code for such preceding taxable year. if Deductible Participant Contributions are made by payroll deductions, such contributions are deductible only in the year withheld. Withdrawals of amounts contributed pursuant to this Section 4.4 and adjustments relating thereto may cause income tax to be imposed upon the Participant in an amount greater than the tax normally attributable to a distribution of account balances accumulated under this Plan. Contributions of Deductible Participant Contributions after the Effective Date may be made by payroll deduction, which the Participant, on written authorization forms designated by and filed with the Committee, shall authorize the Employer to make, or by cash payments by such Participant to the Trustee. The authorization to make contributions by payroll deductions shall be effective on the first day following the Committee's receipt of the payroll deduction authorization. A Deductible Participant Contribution may only be made for a calendar year in which the Participant was employed by the Employer. No Deductible Participant Contribution will be accepted on behalf of a Participant who will have attained age 70 1/2 by the end of the taxable year for which the contribution is made, or after January 1, 1987. 4.5 Voluntary Nondeductible Contributions -by Participants: Subject to the limitations of Section 5.12-and 6.8 and to such rules of uniform application as the Committee may adopt, each Participant who is legally domiciled in the State of lklahoma may elect to contribute to the Plan, provided that such additional contributions may not cause the total Annual Additions (as that term is defined in Section 5.12(e) for such Plan Year to exceed the Maximum Permissible Amount under Section 5.12.) The contributions of such Participant after the Effective Date may be by payroll deduction, which the Participant shall authorize the Employer to make on written authorization forms designated by and filed with the Committee, or by cash payments by such Participant to the Trustee. The authorization to make contributions by payroll deductions shall be effective on the first day following the Committee's receipt of the payroll deduction authorization. in addition, a Participant may make Rollover Contributions notwithstanding the percentage limitations in the first sentence of this section or the cash payment requirement of the second sentence of this section. 11 4.6 Change of Rate of Voluntary Contributions by Participant: The Participant may change his rate of payroll deduction at any time between the minimum and maximum rates specified in Sections 4.4 or 4.5, or he may discontinue his payroll deductions at any time. Any change of rate or discontinuance of payroll deductions shall be effective on the first payday following the receipt of written notice thereof by the Committee; provided, however, that not more than one change or discontinuance shall be made within a Plan Year. The Participant must furnish the Committee at the time of any Participant Contribution or payroll deduction authorization an election designating the contribution as a Mandatory Contribution, Deductible Member Contribution, or a Voluntary Nondeductible Contribution. 4.7 Participant Contributions Nonforfeitable: Each Partici- pant who contributes hereunder shall have a nonforfeitable vested interest in that portion of the value of his own contributions not theretofore previously withdrawn by him. 4.8 Pick -up Contributions: Tf the Employer- in the Joinder Agreement, all Participants shall be required to make the contributions specified in the Joinder Agreement. These contribu- tions shall be picked up and assumed by the Employer and paid to the Fund in lieu of contributions by the Participant. Such contributions shall be designated as Employer contributions for federal income tax purposes. Each Participant's Compensation will be reduced by the amount paid to the Fund by the Employer in lieu of the required contribution by the Participant. These contribu- tions shall be excluded from the Participant's gross income for federal income tax purposes and from wages for purposes of with- holding under Sections 3401 through 3404 of the Code in the taxable year in which contributed. No Participant shall have the option of receiving the contributed amounts directly as Compensa- tion. Contributions made by the Employer under this election shall be designated as Participant contributions for purposes of vesting, determining Participant rights and Participant Compensation. 12 0 ' 4.9 Deferred Contributions: If the Employer elects in the Joinder Agreement, a Participant, by written notice to the Plan ' Administrator during -the time period set forth in the Joinder Agreement, may elect to receive an Employer contribution to the Plan rather than Compensation to which the Participant would otherwise be entitled during the period immediately following such election ( "Participant Deferral Percentage "). Subject to the limitations of this Section 4.9 and Section 5.11, a ' Participant's Participant Deferral Percentage may be any whole percentage of his Compensation, but in no case-shall a Partici- pant's Deferral Percentage election exceed the percentage set forth in the Joinder Agreement. Such election shall be binding until the Participant, by written notice to the Plan Administra- tor, modifies or discontinues his Participant Deferral Percentage. ' Such modification or discontinuance shall be effective at the beginning of the Plan Year immediately following the Plan Admin- instrator's receipt of the Participant's written notice of modifi- cation or discontinuance. ' Employer contributions made pursuant to this Section 4.9 shall be credited to the Participant's Deferred Compensation Account. All ' such Employer contributions shall be paid " -to the Trustee as soon as practicable following the retention of`such amounts by the Employer from the Participant's Compensation. ' 4.10 Actual Deferral Percentage Tests: (a) The Plan Administrator shall determine, as soon as administratively feasible, if the Actual Deferral Percentage for Highly Compensated Participants for each Plan ' Year bears a relationship to the Actual Deferral Percentage for all other Participants eligible to make a Participant Deferral Percentage election for such Plan Year which meets either of the following 'tests: (1) The Actual Deferral Percentage for the T;ighly Compensated Participant group shall not be more than the Actual Deferral Percentage of the Non - uighly Compensated Participant group multiplied by 1.25, or (2) The excess of the Actual Deferral Percentage for the uighly Compensated Participant group over the Actual Deferral percentage for the Non - uighly Compensated Participant group shall not be more than t two (2) percentage points. Additionally, the "Actual Deferral Percentage for the uighly Compensated Participant group shall not exceed the Actual Deferral Percentage for the Non- T4ighly Compensated Participant group muliplied by 2. The provisions of Code Section ' 401(x)(3) and Regulation 1.401 (k) -1(b) are incorporated herein by reference. 7 13 uowever, in order to prevent the multiple use of the alternative method described in (2) above and in Code Section 401(m)(9)(A), any uighly Compensated Participant eligible to make elective deferrals and to make Participant contributions or to receive matching contributions under any other plan maintained by the Employer or an Affiliated Employer shall have his actual contri- bution ratio reduced pursuant to Regulation 1.401(m) -2, the provisions of which are incorporated herein by reference. (b) Por the purposes of this Section Actual Deferral Percen- tage means, with respect to the uighly Compensated Participant group and Non- Fighly Compensated Participant group for a Plan Year, the average of the ratios, calculated separately for each Participant in such group, of the amount of Employer Elective Contributions allocated to each Participant's Elective Account for such Plan Year (including all or any portion of cash bonuses which may be deferred pursuant to Section 4.4), to such Participant's 11414(s) Compensation" for such Plan Year. The actual deferral ratio for each Participant and the Actual Deferral Percentage for each group shall be calculated to the nearest one - hundredth of one percent. Employer Elective Contributions allocated to each Non - uighly Compensated Participant's 'Elective Account shall be reduced by Excess Deferred Compensation to the extent such excess amounts are made under this Plan or any other plan maintained by the Employer. (c) For the purpose of determining the actual deferral ratio of a Highly Compensated Participant who is subject to the Family Member aggregation rules of Code Section 414(q)(6) because such Participant is either a "five percent owner" of the Pmployer or one of the ten (10) uighly Compensated Participants paid the greatest 11415 Compensation" during the year, the following shall apply: (1) The combined actual deferral ratio for the family group (which shall be treated as one uighly Compensated Participant) shall be the greater of: (i) the ratio determined by aggregating Employer Elective Contributions and 11414(s) Compensation" of all eligible Family Members who are uighly Compensated Participants without regard to family aggregation; and 14 1 (ii) the ratio determined by aggregating Pmployer elective Contributions and 11414(s) Compensation" of all eligible Family ' Members (including uighly Compensated Participants). uowever, in applying the $200,000 limit'to 11414(s) Compensation ", Family Members shall include only the affected Participant's spouse and any lineal descendants who have not attained age 19 before the close of the Plan Year. (2) The Employer Elective Contributions and "414(s) Compen- sation" of all Family Members shall be disregarded for purposes of determining the "Actual Deferral Percentage" of the Non - uighly Compensated Participant group except to the extent taken into account- in paragraph (1) above. (3) if a Participant is required to be aggregated as a member of more than one family group in a plan, all Participants who are members of those family groups that include the Partici- pant are aggregated as one family group in accordance with para- graphs (1) and (2) above. (d) For the purposes of Sections 4.9 and 4.10, a uighly Compensated Participant and a Non - Highly Compensated Participant shall include any Participant eligible to make a deferral election pursuant to Section 4.4, whether or not such deferral election was made or suspended pursuant to Section 4.4. (e) For the purposes of this Section and Code Sections 401(a)(4), 410(b) and 401(k), if two or more plans which include cash or deferred arrangements are considered one plan for the purposes of Code Section 401(a)(4) or 410(b) (other than Code Section 410(c)(2)(A)(ii)), the cash or deferred arrangements included in such plans shall be treated as one arrangement. ?n addition, two or more cash or deferred arrangements may be considered as a single arrangement for purposes of determining whether or not such arrangements sastify Code Sections 401(a)(4), and 410(b) and 401(k). In such a case, the cash or deferred arrangements included in such plans and the plans including such arrangements shall be treated as one arrangement and as one plan for purposes of this Section and Code Sections 401(a)(4), 410(b) and 401(X). For Plan Years beginning after December 31, 1989, plans may be aggregated under this paragraph (e) only if they have the same plan year. 15 Notwithstanding the above, an employee stock ownership plan described in Code Section 4975(e)(7) may not be combined with this Plan for purposes of determining whether the employee stock owner- ship plan or this Plan satisfies this Section and Code Sections 401(a)(4), 410(b) and 401(k). (f) For the purposes of this Section, if a uighly Compensated Participant is a Participant under two or more cash or deferred arrangements (other than a cash or deferred arrangement which is part of an employee stock ownership plan as defined in Code Section 4975(e)(7)) of the Employer or an Affiliated Employer, all such cash or deferred arrangements shall be treated as one cash or deferred arrangement for the purpose of determining the actual deferral ratio with respect to such uighly Compensated Participant. uowever, if the cash or deferred arrangements have different Plan Years, this paragraph shall be applied by treating all cash or deferred arrangements ending with or within the same calendar year as a single arrangement. 4.11 Adjustment to Actual Deferral Percentage Tests: In the event that the initial allocations of the Employer's Elective Contributions do not satisfy one of the tests set forth in Section 4.10(a), the Administrator shall adjust Excess Contributions pursuant to the options set forth below: (a) nn or before the fifteenth day of ' the third month following the end of each Plan Year, the uighly Compensated Participant having the highest actual deferral ratio shall have his portion of Excess Contributions distributed to him until one of the tests set forth in Section 4.10 is satisfied, or until his actual deferral ratio equals the actual deferral ratio of the uighly Compensated Participant having the second highest actual deferral ratio. This process shall continue until one of the tests set forth in Section 4.10(a) is satisfied. Por each Pig hly Compensated Participant, the amount of Excess Contributions is equal to the Elective Contributions on behalf of such uighly Compensated Participant (determined prior to the application of this paragraph) minus the amount determined by multiplying the uighly Compensated Participant's actual deferral ratio (determined after application of this paragraph) by his "414(s) Compensation ". uowever, in determining the amount of Excess Contributions to be distributed with respect to an affected Highly Compensated Participant as determined herein, such amount shall be reduced by any Excess Deferred Compensation previously distributed to such affected uighly Compensated Participant for his taxable year ending with or within such Plan Year. 16 t (1) With respect to the distribution of Excess Contributions pursuant to (a) above, such distribution: (i) may be postponed but not later than the close of the Plan Year following the Plan Year to which they are allocable; ' (ii) shall be adjusted for Income; and (iii) shall be designated by the Employer as a distribution „- of Excess Contributions (and Income). (2) Any distribution of less than the entire amount of Excess Contributions shall be treated as a pro rata distribution of Excess Contributions and Income. ' (3) The determination and correction of Excess Contributions of a uighly Compensated Participant whose actual deferral ratio is determined under the family aggregation rules shall be accomplish- ed as follows: (i) If the actual deferral ratio for the uighly Compensated Participant is determined in accordance with Section 4.10 then the actual deferral ratio shall be reduced as required herein and the Excess Contributions for the family unit shall be allocated among the Family Members in proportion to the Elective Contributions of each Family Member that were combined to determine the group actual deferral ratio. (ii) If the actual deferral ratio for the uighly Compensated Participant is determined under Section 4.10(c)(1)(i), then the actual deferral ratio shall first be reduced as required herein, but not below the actual deferral ratio of the group of Family Members who are not uighly Compensated Participants without regard to family aggregation. The Excess Contributions resulting from this initial reduction shall be allocated (in proportion to Elective Contributions) among the uighly Compensated Participants whose Elective Contributions were combined to determine the actual deferral ratio. If further reduction is still required, then Excess Contributions resulting from this further reduction shall be determined by taking into account the contributions of all Family Members and shall be allocated among them in proportion to their respective Elective Contributions. 17 (b) Within twelve (12) months after the end of the Plan Year, the Employer may make a special Qualified Non - Elective Contribution on behalf of Non- 7ighly Compensated Participants in an amount sufficient to satisfy one of the tests set forth in Section 4.10(a). Such contribution shall be allocated _to the Participant's Elective Account of each Non- rzighly Compensated Participant in the same proportion that each Non- uighly Compensated Participant's Compensation for the year bears to the total Compensation of all Non- uighly Compensated Participants. 18 5.3 Allocation of Contribution: The Employer contributions, together with Amounts Forfeited as of the Valuation Date shall be allocated in the manner elected by the Employer in the Joinder Agreement. 5.4 Allocation of Amounts Forfeited: No Amount Forfeited attributable to the contribution of one Employer adopting this Plan may be allocated for the benefit of Participants of the Plan of any other adopting Employer. 5.5 Valuation Date Adjustment: First. As of each Valuation Date, the fair market value of the Trust Fund as reported by the Trustee to the Committee shall be adjusted by excluding: (a) the Employer's contribution for the period beginning on ' the day after the previous Valuation Date and ending on the Valuation Date; (b) any Participant contributions for such period beginning on the day after the previous Valuation Date and ending on the Valuation Date; (c) any Amounts Forfeited which have become available for allocation to Participant accounts; and (d) any distributions or withdrawals during such period beginning on the day after the previous Valuation Date and ending on the Valuation Date. 1 ARTICLE V ' Accounting, Allocation and Valuation 5.1 Accounts: The Committee shall maintain a separate Municipality Contribution Account, Participant Nondeductible ' Contribution Account, Participant Mandatory Contribution Account, Participant Deductible Contribution Account, and Participant Deferred Contribution Account as necessary for each Participant. ' All such accounts shall be credited or debited as herein provided. 5.2 Eligibility for Allocation: Employer contributions for each Plan Year, together with Amounts Forfeited as of the valua- tion date shall be allocated to the Municipality Contribution Accounts of Participants in accordance with the election made in the Joinder Agreement g nt under Section 7 (Allocation of Contributions). 5.3 Allocation of Contribution: The Employer contributions, together with Amounts Forfeited as of the Valuation Date shall be allocated in the manner elected by the Employer in the Joinder Agreement. 5.4 Allocation of Amounts Forfeited: No Amount Forfeited attributable to the contribution of one Employer adopting this Plan may be allocated for the benefit of Participants of the Plan of any other adopting Employer. 5.5 Valuation Date Adjustment: First. As of each Valuation Date, the fair market value of the Trust Fund as reported by the Trustee to the Committee shall be adjusted by excluding: (a) the Employer's contribution for the period beginning on ' the day after the previous Valuation Date and ending on the Valuation Date; (b) any Participant contributions for such period beginning on the day after the previous Valuation Date and ending on the Valuation Date; (c) any Amounts Forfeited which have become available for allocation to Participant accounts; and (d) any distributions or withdrawals during such period beginning on the day after the previous Valuation Date and ending on the Valuation Date. 1 Second. The accounts of Participants shall be adjusted by allocating to such accounts the difference between the fair market value as determined in the preceding paragraph and the sum of the Beginning Balances of such accounts on the immediately preceding Valuation Date in the proportion that the Beginning Balance of an account bears to the sum of the Beginning Balances of all accounts. The Beginning Balance of all Municipality Contribution Accounts shall be the balance in such account on the immediately preceding Valuation Date decreased by any distributions, withdrawals, or forfeitures which have occurred since such preceding Valuation Date. 5.6 Method of Adjustment; Each account within each investment fund of the Trust Fund is adjusted during the valuation period by decreasing its balance by the amount of any withdrawal, transfer, or forfeiture which is made from it; and by increasing its balance by the amount of any transfer, contribution, or other interim addition which is made to it. On the Valuation Date, each account is further adjusted by its share of the earnings and losses, including unrealized gains and losses, for the valuation period. On the Valuation Date at the end of the Plan Year, the account balances are credited with the appropriate amount of Employer Contributions and Amounts Forfeited for the Plan Year. The Plan Administrator determines the amount of earnings and losses for each fund based upon the Trustee's statements of the fair market value of the fund on the Valuation Dates. The earnings and losses are allocated to each account based upon the proportion that its weighted account balance bears to the total of all weighted balances. The weighted balances are calculated by first adjusting the balances as of the prior Valuation Date for the transactions of the period. The adjusted balances are then weighted greater with one -half of any partial distribution or partial withdrawal made from them during the valuation period and are weighted lesser with one -half of any rollover, or contribution made to them during the valuation period. This weighting allows rollovers, contributions, and partial distributions to share in the earnings and losses as if one -half of these amounts were included in the account balances for the entire period. Total distributions of account balances never share in the earnings or losses of the valuation period in which they are made. fh 20 1 1 1 1 1 1 r 5.7 Accounting for Participants' Contributions: Contributions by or on behalf of each Participant shall be credited to his Participant Nondeductible Contribution Account, Participant Mandatory Contribu- tion Account, Participant Deductible Contribution Account, or Employee Deferred Contribution Account as deposited with the Trustee. 5.8 Accounting for Statement of Account: As soon as is adminis- tratively feasible, the Committee shall present to each Participant a statement of such Participant's accounts showing the balances at the beginning of the Plan Year, any changes during the Plan Year, the balances at the end of the Plan Year, and such other information as the Committee may determine. uowever, neither the maintenance of accounts, the allocations to accounts, nor the statements of account shall operate to vest in any Participant any right or interest in or to the Fund except as the Plan specifically provides herein. 5.9 Time of Adjustment: Each adjustment required by this Article V shall be deemed to have been made at the times specified in this Article V, regardless of the dates of actual entries or receipts by the Trustee of contributions for such Plan Year. 5.10 Special Valuation Date: If the Committee determines that a substantial change in the value of any Investment Fund has occurred since the last Valuation Date, the Committee may, prior to the next Valuation Date, establish one or more Special Valuation Dates and determine the adjustment required to make the total net credit balance in the accounts of the then Participants equal to the then market value of the total assets of the Fund. Such adjustments shall be made consistent with the procedure specified in Section 5.5. Having determined such adjustment, all distributions which are to be made as of or after such Special Valuation Date, but prior to the next succeeding Valuation Date or Special Valuation Date, shall be made as if the net credit balances in all accounts had actually been credited or debited to reflect the adjustment provided by this section. 5.11 Maximum Additions: Notwithstanding anything contained herein to the contrary, the total Additions made to a Participant's accounts for any Plan Year shall not exceed the lesser of $30,000 (adjusted for each Plan Year to take into account any cost of living increase adjustment applicable to such Plan Year under Section 415(d) of the Code and as allowed by final Treasury Regulations) or twenty -five percent (25 %) or the Participant's Compensation for such Plan Year. When such Additions, if made, would exceed the limitation, such 21 excess shall be reduced, to the extent possible, by withdrawal by the Participant of voluntary nondeductible contributions and the earnings attributible thereto. If any excess amount remains after the return of the Participant's voluntary nondeductible contributions, such excess shall be reallocated to eligible Participants as a Amount Forfeited for the Plan Year, provided that if any excess remains after such reallocation or reallocations because of the limitation provided herein, such excess shall be held in a separate account and shall be allocated as an Amount Forfeited for the following Plan Year(s) if such allocation would not exceed the limitation provided herein. If the Participant participates in more than one plan of the Employer and Additions under all such plans exceed the maximum indicated above, such excess amounts shall be reduced by withdrawals of the Participant's nondeductible voluntary contributions and earnings attributable thereto from such plans and in such amounts as the Participant shall determine. if any excess amount remains after the return of such Participant's voluntary nondeductible contributions and earnings thereon, such excess shall be eliminated by reducing the Employer provided benefits in the manner provided in such plan for reduction of benefits in order to comply with Section 415 of the Code. Such reduction shall be done in each plan in accordance with the following order of priority: first, any defined benefit pension plan; second, any money purchase pension plan; and third, any profit- sharing plan. The Committee shall advise affected Participants of any additional limitation of their annual additions required by the preceding sentence. For purposes of this Section 5.11, "Additions" means the sum credited to a Participant's accounts for any limitation year of (1) Employer contributions, (2) Participant contributions, (3) forfeitures, (4) amounts allocated, after March 31, 1984, to an individual medical account, as defined in Code Section 415(1)(2) which is part of a pension or annuity plan maintained by the Employer and (5) amounts derived from contributions paid or accrued after December 31, 1985, in taxable years ending after such date, which are attributable to post- retirement medical benefits allocated to the separate account of a Key employee (as defined in Code Section 419A(d)(3)) under a ' welfare benefit plan (as defined in Code Section 419(e)) maintained by the Employer. Except, however, the "415 Compensation" percentage limitation referred to in Section 5.11 above shall not apply to (1) any conttribution for medical benefits (within the meaning of Code Section 4194(f)(2)) after separation from service which is otherwise treated as an annual addition, or (2) any amount otherwise treated as an annual addition under Code Section 415(1)(1). 22 I I I� I I 5.12 Limitations on Allocations: (See Section 5.12(e) for definitions applicable to this Section 5.12.) (a) Employers Not Maintaining other Qualified Plans. (This Section 5.12(a) applies only to Employers who do not maintain any other qualified plan in addition to this Plan.) (i) If an Fmployer does not maintain and has never maintained any other qualified plan, the amount of Annual Additions which may be allocated under this Plan on a Participant's behalf for a Limitation Year shall not exceed the lesser of the Maximum Permissible Amount or any other limitation contained in this plan. if the Fmployer contri- bution that would otherwise be contributed or allocated to the Participant's account would cause the Annual Additions for the Limitation Year to exceed the Maximum Permissible Amount, the amount contributed or allocated will be reduced so that the Annual Additions for the Limitation Year will equal the Maximum Permissible Amount. (ii) Prior to the determination of the Participant's actual Compensation for a Limitation Year, the Maximum Permissible Amount may be determined on the basis of the Participant's estimated annual Compensation for such Limitation Year. Such estimated annual Compensation shall be determined on a reasonable basis and shall be uniformly determined for all Participants si.milarly situated. Any Fmployer contributions (including allocation of forfeitures based on estimated annual Compensation shall be reduced by any Pxcess Amounts carried over from prior years. (iii) As soon as is administratively feasible after the end of the Limitation Year, the Maximum Permissible Amount for such Limitation Year shall be determined on the basis of the Participant's ' .actual Compensation for such Limitation Year. (iv) if there is an Excess Amount with respect to a Participant for a Limitation Year, such Excess Amount shall be disposed of in the following order: (A) First, any voluntary nondeductible participant contri- butions, to the extent that the return would reduce the Excess Amount, shall be returned to the Participant. 1 23 (B) in the event that the Participant is in the service of the Employer which is covered by the Plan at the end of the Limita- tion Year, then such excess Amounts must not be distributed to the Participant, but shall be reapplied to reduce future Employer contributions (including any allocation of forfeitures) under this Plan for the next Limitation Year (and for each succeeding year, as necessary) for such Participant, so that in each such year the sum of actual employer contributions (including any allocation of forfeitures) plus the reapplied amount shall equal the amount of Employer contributions (including any allocation of forfeitures) which would otherwise be allocated to each Participant's account. (C) In the event that the Participant is not in the service of the Employer which is covered by the Plan at the end of the Limitation Year, the Excess Amount will be held unallocated in a suspense account. The amounts contained in the suspense account shall be applied to reduce future Employer contributions (including allocation of any forfeitures) for all remaining Participants. If pursuant to this Section, a suspense account is in existence at any time during the Limitation Year, it will not participate in the allocation of the Trust's investment gains and losses. (b) Employers Maintaining other Qualified Master of Prototype Defined Contribution Plans. (This Section 5.12(b) applies only to Employers who in addition to this Plan maintain one or more qualified plans all of which are qualified master or prototype defined contribution plans.) (i) If, in addition to this Plan, the Employer maintains any other qualified defined contribution plan (all of which are qualified master or prototype plans), the amount of Annual Additions which may be allocated under this Plan on a Participant's behalf for a 6. Limitation Year, shall not exceed the lesser.of: (A) The Maximum Permissible Amount, reduced by the sum of ' any Annual Additions allocated to the Participant's accounts for the same Limitation Year under this Plan and such other defined contribu- tion plan; or 24 (B) Any other limitation contained in this Plan. Tf the Annual Additions with respect to the Participant under other defined contribution plans maintained by the Employer are less than the Maximum Permissible Amount and the Employer Contribution that would otherwise be contributed or allocated to the Participant's account under this Plan would cause Annual Additions for the Limitation Year to exceed this limitation, the amount contributed or allocated shall oe reduced so that the Annual Additions under all such plans will equal the Maximum Permissible Amount. ' (ii) Prior to the determination of the Participant's actual Compensation for the Limitation Year, the amounts referred to in Section 5.12(b)(i)(A), above, may be determined on the basis of the participant's estimated annual Compensation for such Limitation Year. Such estimated annual Compensation shall be determined on a reason- able basis and shall be uniformly determined for all Participants similarly situated. Any Employer contribution (including allocation of forfeitures) based on estimated annual Compensation shall be reduced by any Excess Amounts carried over from prior years. (iii) As soon as is administratively feasible after the end of the Limitation Year, the amounts referred to-in Section 5.12(b) (i)(A) shall be determined on the basis of the Participant's actual Compensation for such Limitation Year. (iv) Tf a Participant's Annual Additions under this Plan and all such other plans result in an Excess Amount, such 7xcess Amount tshall be deemed to consist of the Amounts last allocated. (v) Tf an Excess Amount was allocated to a Participant on an allocation date of this Plan which coincides with an allocation date of another plan, the Excess Amount attributed to this Plan will be the product of: ' (A) the total Excess Amount allocated as of such date (including any amount which would have been allocated but for the limitations of section 415 of the Code), times ' (B) the ratio of (i) the amount allocated to the Participant as of such date under this Plan, divided by (ii) the total amount allocated as of such date under all qualified defined contribution plans (determined without regard to the limitations of section 415 of the Code). 25 i (vi) Any Excess Amounts attributed to this Plan shall be disposed of as provided in Section 5.12(a)(iv). (c) Employers Maintaining Qualified Defined Contribution Plans Other Than Master or Prototype Plans. (This section 5.12(c) applies only to Employers who, in addition this Plan, maintain one or more qualified plans which are a qualified defined contribution plan other than a master or prototype plan.) If the Employer also maintains another plan which is a qualified defined contribution plan other than a master or prototype plan, Annual Additions allocated under this Plan on behalf of any Partici- pant shall be limited in accordance with the provisions of Section 5.12(b), as though the other plan were a master or prototype plan, unless the Employer provides other limitations in Exhibit A to the Joinder Agreement. (d) Employers Maintaining Qualified Defined Benefit Plans. (This Section 5.12(d) applies only to employers who, in addition to this Plan, maintain one or more qualified plans which are defined benefit plans.) If the Employer also maintains, or at any time maintained, another plan which is a qualified defined benefit plan covering Participants in this Plan, the sum of the Participant's Defined Benefit Fraction and Defined Contribution Fraction will not exceed 1.0 in any Limitation Year. The Annual Additions which shall be credited to the Participants account under this Plan for any Limitation Year shall be limited in accordance with the provisions of Section 5.12(b) as though the other plan were a master or prototype plan. (e) Definitions. For purposes of this section 5.12, the following terms shall be defined as follows: (i) Annual Addition. With respect to any Participant, an Annual Addition shall be the sum, for the Limitation Year, of (a) all Employer contributions allocated to his Municipality Contribution Account; (b) all Amounts forfeited allocated to his Company Contribution Account; and (c) the lesser of (i) one -half of the Participant Nondeductible Voluntary Contributions allocated to his Participant Nondeductible Contribution Account, or (ii) the amount of Participant Nondeductible Voluntary Contributions allocated to his Participant Nondeductible Contribution Account in excess of 6 percent of his Compensation for the Limitation Year. For the purposes of this Section 5.12, amounts reapplied to reduce Employer contributions under Section 5.12(a)(iv) shall also be included as Annual Additions. 26 IrJ (ii) Defined Benefit Fraction. A fraction, the numerator of which is the sum of the Participant's Projected Annual Benefits under all qualified defined benefit plans maintained by the Employer ' (whether or not terminated) determined at the end of the Limitation Year and the denominator of which is the lesser of 125% of the dollar limitation in effect for the Limitation Year under Section 415(b)(1)(A) of the Code or 140% of uighest Average Compensation. Notwithstanding the preceding sentence, if a Participant was a Participant in one or more defined benefit plans maintained by the ' Employer and which were in existence on July 1, 1982, the denominator of the fraction shall not be less than 125% of the sum of annual benefits under such plan which the Participant had accrued as of the end of the last Limitation Year beginning before June 30, 1983. The preceding sentence applies only if the defined benefit plans individually and in the aggregate satisfied the requirements of Section 415 of the Code as in effect at the end of the 1982 Limitation Year. (iii) Defined Contribution Fraction. A fraction, the numerator of which is the sum of the Annual Additions to the Participant's accounts under all the defined "contribution plans (whether or not terminated) maintained by the Employer for the ' current and all prior Limitation Years (including Annual Additions attributable to the Participant's nondeductible employee contributions to this and all other defined benefit or defined contribution plans, whether or not terminated, maintained by the ' Employer) and the denominator of which is the sum of the Maximum Aggregate Amounts for the current and all prior Limitation Years of service with the Employer, regardless of whether a defined ' contributions plan was maintained by the Employer. The "Maximum Aggregate Amount" means, in any Limitation Year,the lesser of 125% of the dollar limitation in effect under Section 415(c)(1)(A) of the Code or 25% of the Participant's Compensation for such Limitation Year. Tf the Employee was a Participant in one or more defined contribu- tion plans maintained by the Employer which were in existence on July 1, 1982, and the sum of this fraction and the Defined Benefit Fraction would otherwise exceed 1.0 under the terms of this Plan, the numerator of this fraction shall be adjusted by permanently substracting an amount equal to the product of the excess of the sum of the Defined Benefit Fraction and this fraction over 1.0 times the denominator of this traction. This adjustment is calculated using the fractions as they would be computed as of the end of the Limitation Year beginning before June 30, 1983. This adjustment 27 0 will also be made if at the end of the last Limitation Year beginning before January 1, 1984, the sum of the fractions exceeds 1.0 due to accruals and additions that were.made before the limitations of this Section became effective to any plans of the Employer in existence on July 1, 1982. (iv) Excess Amount. The excess of the Participant's Annual Additions for the Limitation Year over the Maximum Permissible Amount, less loading and other administrative charges allocable to such excess. (v) Master or Prototype Plan. A plan the form of which has been the subject of a favorable opinion letter from the Tnteral Revenue Service. (vi) Maximum Permissible Amount. Eor a Limitation Year, the Maximum Permissable Amount with respect to any Participant shall be the lesser or (a) $30,000.00 (or such larger amount as may be prescribed by the Secretary of the Treasury or-his delegate), or (b) 25 percent of his Compensation for the Limitation Year. If a short Limitation Year is created because of an amendment changing the Limitation Year to a different twelve (12) - consecutive month period, the Maximum Permissible Amount will not exceed $30,000 (as adjusted above) multiplied by the number of months in the short Limitation Year and then divided by twelve (12). (vii) Projected Annual Benefit. The annual retirement benefit (adjusted to an actuarially equivalent straight life annuity if such benefit is expressed in a form other than a straight life Annuity or qualified joint and survivor annuity) to which the Participant would be entitled under the terms of the plan assuming: (a) the Participant will continue employment until Normal Retirement Age (or current age, if later) under the Plan, and (b) the Participant's Compensation for the current Limitation Year and all other factors used to determine benefits under the Plan will remain constant for all future Limitation Years. ARTICLE., VI Benefits 6.1 Retirement or Disability: if a Participant's employment with the Fmployer is terminated when he attains age sixty -five (65), or if a Participant's employment is terminated at an earlier age as the result of a Total and Permanent Disability, he shall be ' entitled to receive the entire amount of his Municipality Contri- bution Account. ' 6.2 Deferred Retirement: If a Participant, with the consent of the Employer, shall continue in active employment following his Normal Retirement Date, he shall continue to participate under the Plan. Upon actual retirement, such Participant shall be entitled to receive the entire amount of his Municipality Contribution Account as of his actual retirement date. 6.5 Initial Distribution Date: The date of initial distribution ( "Initial Distribution Date ") of a Participant whose employment is terminated by reason of: ■ M (a) Retirement from the employment of the Employer after attaining the age of sixty -five (65) years; ' (b) Separation from the employment of the Fmployer as the result of a Total and Permanent Disability; * (c) The death of the Participant; (d) For any other reason, if such Participant is fully vested under the provisions of Section 6.4; or on (e) No longer satisfies the definition of Fmployee as defined in the joinder agreement; 29 6.3 Death of a Participant: Upon the death of a Participant, his Beneficiary shall be entitled to receive the entire amount of his Municipality Contribution Account as of the date of his death. 6.4 Termination for Other Reasons - Vested Percentage: If a Participant's employment with the Employer is terminated before his Normal Retirement Date for any.reason Permanent Disability or death, he other than Total and shall be entitled to an amount equal to the "vested percentage" of his Municipality Contribution Account. Such vested percentage shall be determined as of the date of distribution in accordance with the election of the ' Employer in the Joinder Agreement. 6.5 Initial Distribution Date: The date of initial distribution ( "Initial Distribution Date ") of a Participant whose employment is terminated by reason of: ■ M (a) Retirement from the employment of the Employer after attaining the age of sixty -five (65) years; ' (b) Separation from the employment of the Fmployer as the result of a Total and Permanent Disability; * (c) The death of the Participant; (d) For any other reason, if such Participant is fully vested under the provisions of Section 6.4; or on (e) No longer satisfies the definition of Fmployee as defined in the joinder agreement; 29 shall be the first day of the month next following his termination of employment and he shall be entitled to the vested percentage of his Municipality and Participant contribution accounts on such Initial Distribution Date payable in accordance with the provisions of Section 6.10. The portion of the Employer's contribution, the Amounts Forfeited or the annual adjustment which is allocated to a Participant terminated for the reasons specified in this Section 6.5 after such Initial Distribution Date shall be payable in accordance with the method utilized under Section 6.10 as soon as practicable. 6.6 Determination of Amounts Forfeited: Upon a distribution pursuant to Section 6.5 or if no distribution is made, the forfeited percentage of a Participant's Municipality Contribution Account, if any, shall become available for allocation to the accounts of other Participants as of the end of the Plan Year in which the terminated Participant had a Break in Service. 6.7 Participant Contribution Accounts: A Participant shall be fully vested in his Participant contribution accounts at all times. A Participant's contribution account balances shall be paid to him in connection with the distribution to him of the vested portion of his Municipality Contribution Account on or after his Initial Distribu- tion Date. Such distributions shall be made in accordance with Section 6.11. In addition, a Participant may make withdrawals from ' his Participant contribution accounts in accordance with Section 6.8. 6.8 Withdrawals From Participant's Contribution Accounts: A Participant may withdraw all or any part of the voluntary contribu- tions previously made by him (but not to exceed the amount in his Participant contribution accounts at the time of withdrawal) by filing a written application with the Plan Administrator. Such withdrawal shall be effective no sooner than thirty (30) but not later than ninety (90) days after such written application is filed with the Plan Administrator. A Participant who withdraws all or part of his contributions shall not forfeit his proportionate share of net income, gains and profits, if any, for the Plan Years previously allocated to his Participant contribution accounts, nor any portion of his Company Contribution Account but the Participant's contribu- tion accounts shall not share (to the extent of any withdrawals) in any net income for the Plan Year in which the withdrawal occurs. ' (a) _Participant Deductible Contribution Account. If allowed in the Joinder Agreement, a Participant may withdraw all or any part of his Voluntary Deductible Contribution Account (but not to exceed the amount in his Participant Deductible Contribution Account at the time ' of withdrawal) by filing a written application with the Plan Administrator. Such withdrawal may be made no more often than once a year. If at the time of the withdrawal the Participant has not ' attained age 59 1/2 or is not Totally and Permanently Disabled, the Participant will be subject to a federal income tax penalty unless such withdrawal is rolled over to a qualified plan or individual retirement account within sixty (60) days of the date of distribution. (b) Participant Nondeductible Contribution Account. A Participant may withdraw all or any part of his Voluntary Nondeductible contributions previously made by him by filing a written application with the Plan Administrator. ' (c) Participant Deferred Contribution Account. Notwithstanding any other provision of this Plan, no amount in a Participant's Deferred Contribution Account may be distributed to a Participant earlier than such Participant's retirement, death, Total and Permanent Disability, separation from service, hardship, or attainment of age 59 1/2. The above distribution requirements shall ' be strictly interpreted by the Plan Administrator to conform with the requirements of Section 401(k) of the Code and future amendments or Internal Revenue Service interpretations thereof. If a Participant is allowed to withdraw from his Participant Deferred Contribution Account, the provisions of this Section 6.8 shall apply to such withdrawals. ' 6.9 Withdrawals from Participant's Mandatory Contribution Account: A Participant may not withdraw any portion of his Participant Mandatory Contribution Account. Such account balances will be paid ' at the same time and in the same manner as such Participant's Municipality Contribution Account. 6.10 Methods of Distribution: On and after each Participant's Initial Distribution Date, after all adjustments to his accounts required as of such date shall have been made, distribution of his share shall be made to or for the benefit of the Participant or, in ' case of his death, to or for the benefit of his Beneficiary, by one of the following methods, as determined by the Committee: 1 (a) a lump sum distribution (b) an installment distribution consisting of approximately equal installments for a term not exceeding ten (10) years; or, 31 (c) an installment distribution consisting of approximately equal installments for a term not extending beyond the joint life expectany (as calculated in accordance with Income Tax Regulation Section 1.72 -9) on the initial Distribution Date of the Particpant and his spouse. (d) periodic distributions as designated by the participant or beneficiary. (e) lump sum distribution to another Trustee or an IRA Rollover Account. Commencement of payments under the method of distribution selected shall be as of the Initial Distribution Date of the Participant, , provided that for administrative convenience, such commencement may be delayed as reasonably necessary but in no event for more than sixty (60) days after a reasonable -time for all administrative ' calculations, allocations acid accounting operations necessary to determine the amount of the distribution. The Committee, in its sole discretion, may accelerate the payment of any unpaid installments. If a former Participant receiving installment payments dies prior to the receipt by him of the full amount to be paid to him from his Participant accounts, the remaining installments shall be paid to his Beneficiary. Under no circumstance may a method of payment be elected that would be expected to cause more-than fifty percent (50 %) of the present value of any series of payments to go to a person other than the Participant. (i) Required Distributions - Participant Death Prior to Distribution or Entire Interest. If a Participant's distribution has commenced and such Participant dies prior to receipt of the entire amount of his distribution, the remaining portion of such interest must be distributed at least as rapidly as under the method of distribution in effect as of the date of his death. (ii) Required Distributions - Participant Death Prior to Commencement of Distribution. It a Participant dies be ore the distribution of the Participant's interest has begun, the entire interest of such Participant shall be distributed within five (5) years after the date of such Participant's death, provided, this rule shall not apply if: (1) any portion of the Participant's interest is payable to or for the benefit of a designated beneficiary, distribu- ted over a period not extending beyond the life expectancy of such Beneficiary, and distributions begin not later than one (1) year after the date of the Participant's death; or (2) the remaining portion of the interest is payable to the Participant's surviving spouse, the date on which the distributions are required to begin is no later than the date on which the Participant would have attained 32 ' age 70 1/2, and the portion of the Participant's interest to which the surviving spouse is entitled will be distributed over a period ' not to exceed the life expectancy of the surviving spouse. 6.11 Designation of Beneficiary: Each Participant shall designate ' his Beneficiary on a form provided by the Committee and such designation may include primary and contingent Beneficiaries. if an Participant designates more than one beneficiary, each shall share equally unless the Participant specifies a different allocation. The tdesignation may be changed at any time by filing a new form with the Committee. In the absence of such written designation, the surviving spouse; if any, of the Participant shall be deemed to be the ' designated Beneficiary, and otherwise the estate of such Participant. In all events, the date of determination of a Participant's Beneficiary shall be the date of death of a Participant. Production of a certified copy of the death certificate of any Participant or other persons shall be sufficient evidence of death, and the Committee shall be fully protected in relying thereon. ' 6.12 Loss of Benefits for Cause: In the event a Participant is discharged because of embezzlement, fraud, dishonesty, or misap- propriation of the Employer's property; and the reasons for such ' discharge are confirmed by resolution of the City Council after such Participant is afforded an opportunity to be "heard, neither he, nor his beneficiary, shall be entitled to receive any benefit hereunder, ' other than his Participant Contribution Account and Rollover Account, as of the date of his discharge, regardless of his age and Service on the date of his discharge. Likewise, such benefits to which any retired Participant or his beneficiary, or the beneficiary of a ' deceased Participant would otherwise be entitled under this System, shall be forfeited upon discovery, even after termination of employment or death, of any such embezzlement, fraud, dishonesty, or ' misappropriation of the Employer's property, by the Participant against the Employer. 33 ARTICLE VII ' Notices 7.1 Notice to Oklahoma Municipal Retirement Fund: As soon as practicable after a Participant ceases to be in the employ of the Employer, the Committee shall give written notice to the Oklahoma Municipal Retirement Fund. The notice shall include such of the following information and directions as are necessary or advisable under circumstances: (a) Name and address of the Participant; (b) Reason he ceased to be in the Employer's employ; (c) Name and address of the Beneficiary or Beneficiaries in case of Participant's death; (d) Percentage or amount to which such Participant is entitled in case of termination of employment; (e) Time,,' manner and amount of payments to be made to such Participant; and (f) Information required to complete the Trustee's Withholding Election Form. As soon as practicable after the Committee learns of the death of a Participant, it shall give like notice to the Oklahoma Municipal Retirement Fund. 7.2 Subsequent Notices: At any time and from time to time after giving the notice as provided for in Section 7.1, the Committee may modify such original notice or any subsequent notice by means of a further written notice or notices to the Oklahoma Municipal Retirement Fund, but any action taken or payments made by the Oklahoma Municipal Retirement Fund pursuant to a prior notice shall not be affected by a subsequent notice. 7.3 Copy of Notice: A copy of each notice provided for in Sections 7.1 and 7.2 shall be mailed by the Committee to the Participant or to each Beneficiary involved, as the case may be, but if, for any reason, such copy is not sent or received, that fact shall not affect the validity of any notice to the Oklahoma Municipal Retirement Fund nor the validity of any action taken or payment made pursuant thereto. 34 ' 7.4 Reliance Upon Notice: Upon receipt of any notice as provided in this Article VTT, the Oklahoma Municipal Retirement Fund shall promptly take whatever action and make whatever payments are called for therein, it being intended that the Oklahoma Municipal Retirement ' Fund may rely upon the information and directions in such notice absolutely and without question. uowever, the Oklahoma Municipal Retirement Fund may call to the attention of the Committee any error or oversight which the Oklahoma Municipal Retirement Fund believes to exist in any notice. 1 I I I I 35 ARTICLE VIII Amendment and Termination 8.1 Termination of Plan: The Employer may at any time, effective as specified, terminate the Plan and may direct and require the Oklahoma Municipal Retirement Fund to liquidate the Fund. In the event the Employer shall for any reason cease to exist, the Plan shall terminate and the Fund shall be liquidated. In the event of the termination, partial termination, or complete discontinuance of contributions hereunder, the account balances of each Participant will become nonforfeitable. 8.2 suspension and Discontinuance of Contributions: If the governing body of the Employer decides it is impossible or inadvis- able to continue to make contributions to the Plan, it shall have the power by appropriate resolution or decision to: (a) suspend contributions to the Plan; (b) discontinue contributions to the Plan; or (c) terminate the Plan. Suspension shall be a temporary cessation of contributions and shall not constitute or require a termination of the Plan. A discontinu- ance of contributions shall not constitute a formal termination of the Plan and shall not preclude later contributions but all Municipality Contribution Accounts not theretofore fully vested shall become fully vested in the respective Participants notwithstanding the provisions of Section 6.4. In such event, Employees who become eligible to enter the Plan subsequent to the discontinuance shall receive no benefits. After the date of a discontinuance of contribu- tions, the Trust shall remain in existence as provided in this Section 8.2 and the provisions of the Plan and Trust shall remain in force. A certified copy of such decision or resolution shall be delivered to the Oklahoma Municipal Retirement Fund, and as soon as possible thereafter the Oklahoma Municipal Retirement Fund shall send or deliver to each Participant or Beneficiary concerned, a copy thereof. 8.3 Liquidation of Trust Fund: Upon a complete termination or upon a partial termination of the Plan, unless the Employer's successor shall elect to continue the Plan, the accounts of all Participants and Beneficiaries shall thereupon be and become fully vested. Upon a complete termination, the Oklahoma Municipal Retirement Fund shall convert the proportionate interest of such 36 Participants and Beneficiaries in the Trust Fund to cash and, after deducting all charges and expenses, the Oklahoma Municipal Retirement Fund shall adjust the balances of such accounts as provided in Section 5.5 treating the termination date as the current valuation date. Thereafter, the Oklahoma Municipal Retirement Fund shall distribute ' as soon as administratively feasible the amount to the credit of each such Participant and Beneficiary as the Committee shall direct. 8.4 Amendments: Each Employer agrees to adopt any amendments ' to this master Plan which are necessary for an initial or continued determination that the Plan is a qualified, tax exempt plan under Sections 401(a) and 501(a) of the Code. Any such amendments will be ' an amendment of the Employer's separate Plan if approved by the Trustee. The Employer may amend its separate Plan in any respect and at any time, subject to the limitations of the Plan, by amendment of or addition to the Joinder Agreement. However, the Oklahoma Municipal Retirement Fund reserves the right to approve all Employer amendments. 37 a ARTICLE IX Employment Transfers 9.1 Transfers from This System: A. To Another Category with This Employer: If a Participant is employed by the Employer under this System and is transferred to employment with this Employer but under another department, classification or category, so that he is no longer eligible to participate in this System, such participation shall thereupon cease and he shall be subject to the following rules and requirements relating to this System and his rights and benefits hereunder, to -wit: 1. If he is eligible for a distribution under this System as of the date of such employment transfer, such transfer shall be treated as his termination of employment and thereupon he shall be entitled to his distribution; or 2. If he is not eligible for a distribution under this System as of the date of such employment transfer, his Account Balance shall remain in the Fund and will - continue to accrue interest but he will not continue to accrue Service for the purpose of additional vesting credit for benefits under this System. B. To Another Municipality: If a Participant's employment by the Employer under this System is terminated by virtue of his transfer to employment with another Municipality, his membership in this System shall thereupon cease and he shall be subject to the following rules and requirements relating to this System and his right and benefits hereunder, to -wit: 1. If he is eligible for a distribution under this System as of the date of such employment transfer, such transfer shall be treated as his termination of employment and thereupon he shall be entitled to his distribution; or 2. It he is not eligible for a distribution under this System as of the date of such employment transfer, and he is, immediately upon such transfer of employment, covered by the retirement system under which such other municipality participates in the Oklahoma Municipal Retirement Fund, his Account Balance shall remain in the Fund and will continue to accrue interest, and he will continue to accrue Service for the purpose of additional vesting credit for benefits under this System. 38 I I 9.2 Transfers to This System: A. From Another Category with This Employer: If a person becomes a Participant under this System immediately upon his transfer from full -time, regular employment with this Employer under another department, classification or category where he is ineligible for membership only because of the type of such employment, his Service accrued by virtue of such prior employment shall not be counted in determining his vesting credit for benefits hereunder. B. From Another Municipality: If a person becomes a Participant under this System immediately upon his transfer from full -time, regular employment with a Municipality other than this Employer, his Service accrued by virtue of such prior employment shall be counted in determining his vesting credit for benefits hereunder, and he shall also be subject to all the other provisions of this System. A Participant's eligibility for membership under this System will be determined by applying the eligibility requirements in the Joinder Agreement as though the date which his credited Service from the other municipality began was his date of employment with this Employer. 39 9.3 Notice of Transfers: Immediately after any transfer of employment referred to in Sections 9.1 or 9.2, the transferred Participant shall give written notice of such transfer to the Authorized Agent on a form furnished by the Authorized Agent. Such Participant shall not be penalized, however, for failure to give such notice. The Authorized Agent shall give immediate notice in writing of such transfers to the Trust Administrator and the Retirement Committee. 9.4 Transfer from other Qualified Plans: The Employer may cause to be transferred to the Oklahoma Municipal Retirement Fund all or any of the assets held in respect to any plan or trust which satisfied the applicable requirements of the Code relating to qualified plans and trusts, which is maintained by the Employer for the benefit of its Employees. Any such assets so transferred shall be accompanied by written instructions from the Employer, or the trustee or custodian or the individual holding such assets, setting forth the Participants for whose benefit such assets have been transferred and showing separately the respective contributions by the Employer and by the Participants and the current value of the assets attributable thereto. Upon receip of such assets and instructions the Oklahoma Municipal Retirement Fund shall thereafter proceed in accordance with the provisions of the Fund. 9.5 Transfer to other Qualified Plans: The Employer, by written direction to the Oklahoma Municipal Retirement Fund, may transfer some or all of the assets held under the Fund to another plan or trust meeting the requirements of the Code relating to qualified plans and trusts. In the case of any merger or consolidation with, or transfer of assets and liabilities to, any other plan, provisions shall be made so that each Participant in the Plan on the date thereof (if the Plan then terminated) would receive a benefit immediately after the merger, consolidation or transfer which is equal to or greater than the benefit he would have been entitled to receive immediately prior to the merger, consolidation or transfer (if the Plan had then terminated). 40 IARTICLE X IAdministration ' 10.1 Administration: The System shall be administered by a Board of Trustees (herein called the Retirement Committee) which is hereby created and established and which shall be composed of the members of the City Council of the Employer. The duties of the Retirement Committee shall be performed without compensation other than the compensation, if any, which they receive as officers of the Employer unless additional compensation is specifically provided for by action ' of the City Council. Any usual and reasonable expenses incurred by the Retirement Committee in the administration of this Fund and System shall be paid by the Employer. A. Retirement Committee: The Retirement Committee shall have such powers as may be necessary to discharge its duties hereunder and under the document creating the Oklahoma Municipal Retirement Fund, and under the contract for the pooling of the Fund with similar funds 1 of other Municipalities. Such powers shall include but not be limited to the following powers and duties: a. to delegate to, specify, direct, and supervise the performance of duties of the Authorized Agent, as the agent of the Employer and Retirement Committee in matters relating to the System, the Fund, and the Oklahoma Municipal Retirement Fund, including but not limited to, the duties set forth below in Subsection 10.1B and including any duties of the Employer under the System, or as set forth in this Subsection 10.1A; b. acting by direction to the Authorized Agent to file a petition for nomination, or otherwise nominate, and cause the ballot for the election of Trustees of the Oklahoma Municipal Retirement Funds; C. to construe and interpret the System, decide all questions of eligibility and determine the amount, manner and time of payment of any benefits hereunder; d. to prescribe procedures to be followed by Participants in filing applications for benefits. 41 e. to make a determination as to the right of any person to a benefit and to afford any person dissatisfied with such determination the right to a hearing thereon; f. to receive from the 'Employer, the Trustees, the Trust Administrator and the Authorized Agent, such information as shall be necessary for the proper administration of the System; g. to prepare and distribute, in such manner as it determines to be appropriate, information explaining the System; h. to furnish the Employer, upon request, such annual reports with respect to the administration of the System as are reasonable and appropriate; i. to receive and review the valuation report and certification of the System, prepared every other year by the actuarial firm and on the basis thereof to certify to the 'Employer's budgetary authority an appropriate contribution rate in time.for the incorporation, when necessary, of the resulting costs in the budget, and make timely appropriations therefor; j. to receive and review reports from the auditor appointed by the Trustees, the City Treasurer and City Auditors, of the financial condition of the Fund; k. to have full power, to manage and control, the System and Fund and to authorize in writing, all payments from the Fund by written direction of the Authorized Agent, or otherwise; and 1. to sue in any court of competent jurisdiction for the enforcement of any contract, claim or other right, and to defend against or to compromise, settle or other- wise dispose of any claim or suit against the Employer, the System, or the City Treasurer, as Treasurer of the System. The Retirement Committee shall have no power to waive or fail to apply any requirements of eligibility for a Benefit under the System. The Retirement Committee may adopt such rules, regulations and actuarial tables as it deems necessary or desirable to administer the System. All such rules, regulations and decisions shall be uniformly and consistently applied to all Employees in similar circumstances. 42 F t 1 F 1 Any such rule or decision which is not inconsistent with the provisions of the System shall be conclusive and binding upon all persons affected by it and there shall be no appeal from any ruling by the Retirement Committee which is within its authority. When making a determination or calculation, the Retirement Committee shall be entitled to rely upon information furnished by the Trustees, the Trust Administrator, the Employer, the Authorized Agent, the legal counsel of the Employer, or the actuary for the System. B. Authorized Agent: An Authorized agent shall be designated in writing by the Retirement Committee and shall act as the agent of the Employer (but not the agent of the Trustees or the Trust Administrator, of the Oklahoma Municipal Retirement Fund) in matters pertaining to the System, the Fund and the Oklahoma Municipal Retirement Fund, to centralize in one person the local administration and coordination thereof, and to file payroll and contribution information, to file claims, forms and applications for Participants, and to advise Participants, the Employer and the Retirement Committee. The Authorized Agent, under the control and direction of the Retirement Committee, shall have such general duties as the Employer and the Retirement Committee may deem necessary and proper for such purposes, which duties shall include but not be limited to, the following: a. to coordinate the deduction of Participant contributions and to see that Employer and Participant contributions are properly received as such by the City Treasurer of the System and by him forwarded promptly to the Oklahoma Municipal 'retirement Fund for management and investment; b. to forward any communications directed to Participants and beneficiaries by the Trustees, the Trust Administrator or the Oklahoma Municipal Retirement Funds; C. to lend assistance to Participants and beneficiaries in filing applications for benefits, and in communicating with the Employer, the Retirement Committee and the Trustees or the Trust Administrator of the Oklahoma Municipal Retirement Fund and to forward such communications to the addressees; d. to keep the employer and Retirement Committee informed regarding employer contribution rates and funds required to meet the costs of the System; 43 e. to assist the Retirement Committee in determining whether or not Employees are eligible for participation in the System; f. to certify at the direction of the Retirement Committee that a Participanat is on an authorized leave of absence, paid or unpaid; g. to file at the direction of the Retirement Committee a petition or nomination, and cast a ballot for election of Trustees of the Oklahoma Municipal Retirement Fund. C. City Treasurer: The City Treasurer of the Employer shall be the Treasurer of the System, and shall perform in such capacity such duties pertinent to the System as may be assigned by the Retirement Committee, including but not limited to, the following: a. to receive and separately account for, payments, appropriations, apportionments, allocations, payroll deductions, and any other assets, which are for, or consist of contributions or assets under the System for the Fund, which are made by the Employer, the Participants, or from any other source; b. to transfer, remit, pay over and deliver, upon the written direction of the Authorized.Agent, as soon as practicable after his receipt thereof, all such contributions and assets, to the Oklahoma Municipal Retirement Fund for management and investment; C. to keep as evidence and permanent records, all such written directions of the Authorized Agent for such transfers and disbursements, maintain accurate accounts and records of such receipts, transfers and disburse- ments, and keep such other records and furnish such information and advice to the Employer, the City Council, the Retirement Committee and the Authorized Agent as may be necessary and proper for the performance of such duties in coordinating the administration and operation of the System. D. City Personnel Officer: Any City hereafter employed by the Employer, sl tration of the business of the System Re shall so act under the control and Agent, and shall have specific powers limited to, the following: 44 Personnel officer now or :call assist in the adminis- and its proper operation. direction of the Authorized and duties including, but not 1 a. maintain such records including vital statistics on health, age, sex, birth, death, Compensation and length of Service of all the Participants of the Employer or their beneficiaries who are included in the System or who are, or may become eligible for such inclusion, as are necessary for the proper administration of the System, and furnish such information as is requested by the Authorized Agent, or is requested by the Administrator; b. notify the Authorized Agent when any Participant is eligible for Retirement under the System; and c. attend meetings of the Retirement Committee while matters pertaining to the System, the 'Employees or their beneficiaries are under consideration. E. municipal Counselor: The City Attorney of the Employer shall be the legal advisor ot the Employer and the Retirement Committee, and shall represent them in any legal matters, proceedings, or litigation. 10.2 Bonds: No bond to secure the performance of administrative duties in the operation of the System and Fund, shall be required of any persons or organizations unless required by law, or unless required by the Trust indenture establishing The Oklahoma Municipal Retirement Fund, or unless required by the Employer for any persons or organizations engaged in the administration of the System. Tf such a bond is required by law, the Trustees or the Employer, the premiums therefor shall be paid as expenses of the Oklahoma Municipal Retirement Fund as to its members, agents, employees, Municipal Retirement Fund, or as expenses of the Employer as to the administra- tion of the System. Any agents, officials or Employees of the Employer engaged in the administration of the System shall be covered as to the performance of such administrative duties, by any official or other bond covering their regular duties otherwise. 10.3 Benefit Payments: All benefits which are to be paid pursuant to the provisions of the System, shall be paid under the direction of the Retirement Committee out of the applicable portion of the Oklahoma Municipal Retirement Fund, upon written directions of the Retirement Committee acting through the Authorized Agent. 45 1 10.4 Unclaimed Benefits: If at, after or during the time when a benefit hereunder is payable to any beneficiary or distributee, the Retirement Committee through the Authorized Agent, upon request by the Trustees, the Trust Administrator, or at its own instance, shall mail by registered or certified mail to such beneficiary or distributee, at his last known address, a written demand for his then address, or for satisfactory evidence of his continued life, or both, and if such beneficiary or distributee shall fail to furnish the same to the Authorized Agent witnin two (2) years from the mailing of such demand, then the Retirement Committee may, in its sole discretion, determine that such beneficiary or distributee has forfeited his rights to such benefit and may declare such benefit, or any unpaid portion thereof, terminated as if the death of the distributee (with no surviving beneficiary) had occurred on the date of the last payment made thereon or the date such beneficiary or distributee first became entitled to receive benefit payments, whichever is later. Any such declaration by the Retirement Committee may later be revoked, but such revocation shall not entitle the beneficiary or distributee to receive any payments in respect to any period of time prior to the date of such revocation. The Administrator shall take Unclaimed Benefits into account to reduce the funding requirements for the System and making subsequent reports. All such Unclaimed Benefits shall be and remain assets of the Fund and in no event shall they escheat to any governmental unit under.any escheat law. 46 ARTICLE XI 6 General ' 11.1 Not Contract Between Employer and Participant: Neither the creation of this Plan, nor any amendment *to it, nor the creation of any fund, nor the payment of benefits hereunder shall be construed as ' giving any legal or equitable right to any Participant against the Employer or against the Oklahoma Municipal Retirement Fund, except as provided herein, and all liabilities under this Plan shall be satisfied, if at all, only out of the Fund held by the Oklahoma ' Municipal 'retirement Fund. Participation in the Plan shall not give any Participant any right to be retained in the employ of the Employer, and the Fmployer hereby expressly retains the right to hire and discharge any Participant at any time with or without cause, as if this Plan had not been adopted, and any such discharged Participant shall have only such rights or interests in the Fund as ' may be specified herein. 11.2 Payment of Fees: The Fmployer shall pay a fee in an amount determined and revised from time to time by the Oklahoma Municipal Retirment Fund. 11.3 Governing Law: The validity, construction and administration ' of this Plan shall be determined under the laws of the State of Oklahoma. 11.4 Conterpart Execution: This Plan has been executed in two or ' more counterparts, as shall all amendments thereto be executed, and any one of the executed copies shall be deemed an original. 11.5 Severability: Every provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Plan. 11.6 Spendthrift Provisions: Benefits payable under this Plan shall not be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, charge, garnishment, execution or levy of any kind, either voluntary or involuntary, including any such liability which is for alimony or other payments ' for the support of a spouse or former spouse, or for any other support of a spouse or former spouse, or for any other relative of the Employee, prior to actually being received by the person entitled ' to the benefit under the terms of the Plan; and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, 47 charge or otherwise dispose of any right to benefits payable here- under, shall be void. The Fund shall not in any manner be liable for, or subject to, the debts, contracts, liabilities, engagements or torts of any person entitled to benefits hereunder. This does not preclude the Oklahoma Municipal Retirement Fund from complying with a court order requiring deduction from the benefits of a Participant in pay status for alimony and support payments. 11.7 Maximum Duration: Nothing herein shall be construed to suspend the power of alienation or prevent the vesting of the interest of any person in the Plan for a longer period than the duration of the lives of the designated Beneficiaries of a particular interest therein in being at the time such designation becomes irrevocable, plus twenty- one (21) years; if any provisions shall be held to violate a rule or law against restraints on alienation or remote vesting, the Plan shall not be vitiated thereby, but the plan, or the portion of the Plan thus affected, shall immediately be distributed to those entitled as their interest shall then appear. 11.8 Number and Gender: Pronouns and other similar words used herein in the masculine gender shall be read as the feminine gender where appropriate; pronouns and other similar words used herein in the neuter gender shall be read as the masculine or feminine gender where appropriate; and the singular form of words shall be read as the plural where appropriate. 11.9 Compensation and Expenses of Administration: If a Trustee, a member of Oklahoma Municipal Retirement Fund, or a member of the Committee is an Employee of the Employer, he shall serve without any additional compensation. The Employer may pay all or part of the expenses of administration of the Plan, including the compensation and expenses of the Trustee, and any other expenses incurred at the direction of the Oklahoma Municipal T�etiremnt Fund, including, without limitation, fees of actuaries, accountants, attorneys, investment managers, investment advisors and other specialists, and any other costs of administering the Plan. To the extent that any of such expenses are not paid by the Employer, such expenses shall be paid by the Oklahoma Municipal Retirement Fund out of the Fund. 11.10 Incorporation of Trust Agreement: The provisions of the Trust indenture Establishing the Oklahoma Municipal Retirement Fund are incorporated into and made a part of this Plan. 48 1 fl r� Ll 1 Ll 1 1 11.11 Bolding of Contributions: All contributions to the plan are made subject to the correctness of the amount, and, the Committee may direct the Oklahoma Municipal Retirement Fund to return contributions which have been made by the Employer to the Oklahoma Municipal Retirement Fund in the following events by delivering to the Oklahoma Municipal Retirment Fund within the time limit, if any, specified below, written notification thereof specifying the circumstances which warrant the return of contributions to the Employer: (a) Mistake of Fact: In the event a contribution is made to the Plan and Trust by the Employer under a mistake of fact concerning the correctness of such contribution, then the r)klahoma Municipal Retirement Fund shall return such portion of such contribution which is in excess of the amount that would have been contributed had there not occurred a mistake of fact within one year after the payment of the contribution to the Oklahoma Municipal Retirement Fund. In the case of amounts returned pursuant to this Section 11.11, no earnings attributable to such amounts may be returned to the Employer, but losses attributable thereto shall reduce the amount returned, and no such return shall reduce the balance of any Participant's Employer contribution accounts to less than the balance which would have been credited thereto had such amount not been contributed. 49 �� :: ►1_I it � I TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY CITY PLANNER SUBJECT: ORDINANCE NO. 482 DATE: April 11, 1994 BACKGROUND: On April 5, 1994, the Owasso City Council unanimously approved a rezoning request of a 160 acre area from AG (Agriculture) district to a PUD (Planned Unit Development) district. As you may recall, this zoning would allow for the development of single - family housing and a private park area. No commercial, office, or multi - family development is included within the PUD. Ordinance 482, attached for your review, would formally adopt the actions of the City Council from their April 5, 1994 meeting. RECOMMENDATION: Staff is recommending City Council approval of Ordinance No. 482. ATTACHMENTS: 1. Ordinance No. 482. CITY OF OWASSO ORDINANCE NO. 482 AN ORDINANCE APPROVING PLANNED UNIT DEVELOPMENT APPLICATION NO. OPUD -12, PROVIDING FOR THE SUPPLEMENTAL DESIGNATION PUD ON A TRACT OF LAND CONTAINING APPROXIMATELY 160 ACRES, LOCATED IN THE SOUTH HALF OF THE NORTHWEST QUARTER AND THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 14 EAST, OWASSO, TULSA COUNTY, OKLAHOMA, AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for approval of a Planned Unit Development concerning the property herein described, and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for and against the requested approval of OPUD -12, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA; Section 1. That the zoning map of the City of Owasso, Oklahoma be amended to reflect the supplemental designation of PUD (Planned Unit Development) on the following described property, to wit: The South Half of the Northwest Quarter and the North Half of the Southwest Quarter of Section 17, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma. Section 2. The City Council hereby authorizes development upon such tract in accordance with the provisions of the Outline Development Plan of February 12, 1994 submitted with the application, as well as all amendments or modifications thereto, as required by the City Council, same being hereby made a part of such Outline Development Plan and included therewith. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this 19th day of April, 1994. Bob Randolph, Mayor ATTEST: APPROVED AS TO FORM: Sherry Bishop, City Clerk Ronald D. Cates, City Attorney I MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST FOR SUPPLEMENTAL APPROPRIATION TO CEMETERY CARE FUND AND SOLICITATION OF BIDS FOR FENCING DATE: April 15, 1994 BACKGROUND: During the past four months, staff members have conducted a series of meetings with citizens who have expressed an interest in improving the image and maintenance of the municipal cemetery. Those meetings have resulted in some very positive changes and improvements. Most notable are city - sponsored "clean-up days" that utilize volunteer help to perform needed maintenance projects, replacement of portions of the security fence that were in a state of disrepair, and increased police patrol in the cemetery to help stop vandalism and theft. Additionally, the group has helped do research that provided the staff with information relating to the type and use of herbicide for cemetery application, and agreed to assist with opening and closing gates at the established time. Overall, the discussions and dialogue have been productive and have resulted in an improved level of services. However, a major issue remains unresolved. That issue concerns a perception on the part of the citizens group, that the cemetery image and appearance is unacceptable because of the quality of fencing that currently exists. The group feels that the city needs to replace the existing chain link with a more appropriate type of fence on the south side of the property (76th Street side) and replace the north and east chain link with some type of screening fence. The suggestion has been to replace the south fence with a quality "wrought iron" type of fence and appropriate gate. The consensus is that the change will create a completely new image and indicate a quality that does not currently exist. Additionally, the screening fences will offer more privacy to both the surrounding homeowners and visitors to the cemetery. In response to the suggestions, the staff visited one of Broken Arrow's cemeteries, where a new fence was recently installed along the "front" of the facility. After seeing the new fence and viewing pictures of the previous fence, it was obvious that a similar improvement at the Owasso cemetery would have a substantial impact on its image. Subsequently, the fencing contractor for the Broken Arrow project (Williams Fencing Co) was contacted and requested to visit our Cemetery Care Fund Budget Amendment April 15, 1994 Page 2 cemetery and provide an estimate for a similar fence along the "front" of our facility. The contractor indicated that a fence and gate entrance would cost approximately $12,500 (staff believes that estimate is high because the contractor knows the project must be bid and doesn't want to "give away" his bid). A local fencing contractor has provided an estimate for the screening fence (six foot chain link with plastic screening "slats ") on the north and east at an additional $3000. The staff has acquired and reviewed the fencing specifications used by Broken Arrow for the wrought iron type fence. It is the staff position that the project would have a positive impact on the aesthetics of the cemetery (and community) and should be undertaken. REQUEST: This request is for Council approval of a request to amend the FY 1993 -94 Cemetery Care Fund Budget by appropriating the amount of $15,000 for a Capital Improvement Fencing project. It is further requested that the staff be authorized to solicit bids for the construction of fencing on the south, north and east sides of the cemetery, with the south fence being of an ornamental type, including gate, and the north and east portions of the fencing comprised of a six foot chain link with plastic screening slats. FUNDING: The cemetery care fund (page 96 of annual budget) currently has a fund balance of $95,656. It is recommended that funding for the requested appropriation be from that fund balance. The last major expenditure from this fund was in 1990 for an overlay of the roadways in the cemetery (overlay expenditure was $21,814). There are adequate monies in the fund to make the requested appropriation. RECOMMENDATION: Staff recommends Council approval of an amendment to the Cemetery Care Fund Budget by appropriating $15,000 to a capital improvement project. Staff further recommends Council approval for the solicitation of bids for the above described fencing project. 4/14/94 7:'2`'::51 CITY OF OWASSp GLFSFA PAGE: 1 CEMETERY CARE FUND FOR PERIOD ENDING MAR 1994 ' MONTH TO DATE YEAR TO DATE CURRENT ACTUAL MITI) ACTUAL 'f TD '/: BUDGET ------------ - - - - -- -- - - - - -- ------------ - - - - -- -- - - - - -- ------------------ rREVENUES 58 4600 101 INTEREST ON BANE; ACCOUNT 58 4300 51 TRANSFERS FROM GENERAL FUND TOTAL REVENUES EXPENDITURES 58 130 5430 IMPROVEMENTS OTHER THAN BLDG TOTAL EXPENDITURES NET 3100 FUND BALANCE ENDING FUND BALANCE 2K. 94 3.26 2,5?5.58 71.45 3,500.00 52.50 .68 2,661.51 34.35 7,750.00 - ------ - - - - -- -- 341.44 - - - - -- ------------ 3.04 - - - - -- -- 5,19.09 - - - - -- --------------- 46.21 -- 11,150.00 .00 .00 .00 - - - -- -- .cy) - - - - -- ---------- 5,000.00 -------- ------------ - - - - -- -- .00 - - - - -- ------------ .00 - .00 .00 5,000.00 ------------ - - - - -- -- 341.44 - - - - -- ------------ 5.46• - - - - -- -- 5,193.09 - - - - -- --------------- 83.17 - -- 6,250.U0 00 .00 90,457.93 100.51 -- --------------- 90 000.00 - -- ------------ - - - - -- -- 341.44 - - - - -- ------------ C` - - - - -- -- 95,656.07 - - - - 9''.33 96,250.0�i T_j go TO: FROM: SUBJECT: DATE: BACKGROUND: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO RODNEY J RAY CITY MANAGER REQUEST TO RENEW ANNUAL E -911 INTERLOCAL AGREEMENT April 15, 1994 On January 17, 1989, the City of Owasso executed an Interlocal Governmental Agreement for the purpose of joining 26 other governmental entities to initiate an enhanced emergency phone system (E -911). Since its inception, the Enhanced -911 system has proven to be a vital link to both the police and fire departments for area residents in an around Owasso, including portions of Rogers County. The interlocal agreement provides that all communities and counties involved will jointly fund the system by collecting a surcharge on local telephone bills in the amount of 3% of the base phone bill. The fee is used exclusively for costs incurred to maintain the E -911 system. The interlocal agreement must be renewed annually prior to May 1 in accordance with a ruling by the State Attorney General. If the interlocal agreement is not renewed, the City would lose its ability to impose the surcharge and would no longer be able to continue this valuable service. INCOG is facilitating the renewal process and has provided a "Notice of Renewal" form which is attached for your review. RECOMMENDATION: Staff recommends Council approval of the "Notice of Renewal of Interlocal Agreement ". ATTACHMENTS: 1. Correspondence from INCOG dated March 29, 1994 2. Notice of Renewal of Interlocal Agreement INCOGa 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 i MEMORANDUM TO: City and County Administrators FROM: Jim Helm, Chair, Regional Enhanced 911 Board Ann Domin, INCOG DATE: March 29, 1994 1� Pry 30 1994 �►t ; RE: RENEWAL OF 911 INTERLOCAL AGREEMENT Enclosed is a Notice of Renewal of Interlocal Agreement. As you know, each city and county in the regional Enhanced 911 system is required to renew the Interlocal Agreement each year before May 1st in order to continue to participate in the system. Please complete and execute the renewal form and return it to: Ann Domin INCOG 201 West 5th Street, Suite 600 Tulsa, OK 74103 Renewal forms for each of the twenty participating jurisdictions will be compiled and photocopied. A complete set will be returned to each of you and filed with the appropriate county clerks. If you have any questions about the form, please do not hesitate to contact us. AD /ve Attachment NOTICE OF RENEWAL OF INTERLOCAL AGREEMENT WHEREAS, an Interlocal Agreement to share costs of the regional Enhanced 911 system was entered into by the City of (City, County, Town) Owasso and approved by the Oklahoma Attorney General on March 14, 1989; and WHEREAS, the Agreement will automatically terminate July 1, 1994 unless renewed prior to May 1, 1994; and WHEREAS, the governing bodies of the parties to the Agreement deem it appropriate to continue to participate in the regional Enhanced 911 system and to equitably share the costs of the system according to the terms of the Agreement; THEREFORE, the City of Owasso (City, County, Town) hereby renew the Interlocal Agreement for Fiscal Year 1995. APPROVED BY City of (City, County, Town) 5th day of April ATTEST: Clerk APPROVED: Attorney does Owasso this 1994. By: Title: City Manager