HomeMy WebLinkAbout2009.11.03_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
TYPE OF MEETING: Regular
DATE: November 3, 2009
TIME: 6:30 p.m.
PLACE: Council Chambers, Old Central Building
109 N. Birch
Notice and agenda filed in the office of the City Clerk and posted at City Hall-at 6:00 p.m. on
Friday, October 30, 2009.`
ti's
L d
Juliann Stevens, Deputy City Clerk
AGENDA
1. Call to Order
Mayor Stephen Cataudella
2. Invocation
Roger Ferguson, First Baptist Church
3. Flag Salute
4. Roll Call
5. Presentation of the Character Trait of Initiative.
Michele Dempster, Owasso Character Council
O:\MANAGERIAUAgend as\Counc i 1\2009\ 1103. doc
Owasso City Council
November 3, 2009
Page 2
6. Consideration and appropriate action relating to a request for an executive session for the
purpose of discussing pending litigation in the case styled Doug Driver vs. Dan Yancey Scott
Chambless and Michael Denton, such executive session provided for in O.S. 25, Section
307(B)(4).
Mayor Cataudella
7. Consideration and appropriate action relating to a request for City Council adoption of
Resolution No. 2009-11, a resolution designating the City Manager as the settlement
representative for the settlement conference to be held on November 10, 2009 in litigation
styled Doug Driver v. Dan Yancey, Scott Chambless and Michael Denton and additionally
granting full and final settlement authority in this action to the City Manager for purposes of
the settlement conference.
Ms. Lombardi
Attachment # 7
Staff recommends City Council adoption of Resolution No. 2009-11.
8. Consideration and appropriate action relating to a request for City Council approval of the
Consent Agenda. All matters listed under "Consent" are considered by the City Council to be
routine and will be enacted by one motion. Any Councilor may, however, remove an item
from the Consent Agenda by request. A motion to adopt the Consent Agenda is non-
debatable.
A. Approval of Minutes of the October 20, 2009 Regular Meeting.
Attachment # 8-A
B. Approval of Claims.
Attachment # 8-B
C. Approval of Ordinance No. 949, an ordinance closing to the public use a 5' utility
easement located within Lots Five, Six, and Seven, Block One, of the Parkview Addition
Amended as requested by St. Henry Church.
Attachment # 8-C
Staff will recommend City Council approval of Ordinance No. 949 and has listed this item
in the consent section of the agenda based on Council actions taken October 20, 2009 to
approve the easement closure.
Owasso City Council
November 3, 2009
Page 3
D. Approval of Ordinance No. 950, an ordinance closing to the public use a portion of a 5'
utility easement located within Lot Twenty-Eight, Block two, of Keys Landing I addition.
Attachment # 8-D
Staff will recommend City Council approval of Ordinance No. 950 and has listed this item
in the consent section of the agenda based on Council actions taken October 20, 2009 to
approve the partial easement closure.
E. Acceptance of the water and sanitary sewer systems for the Champion East and West
residential developments to include 8,330 linear feet of 6" PVC water line; 1,135 linear
feet of 10" PVC water line; 10 linear feet of 12" PVC water line; 9,185 linear feet of 8"
PVC sanitary sewer line; and 1,310 linear feet of 12" PVC sanitary sewer line.
Attachment # 8-E
F. Acceptance of the streets and storm drainage systems for the Champion East and West
residential developments.
Attachment # 8-F
G. Approval of Ordinance No. 951, an ordinance amending the Oklahoma Municipal
Retirement Fund Defined Contribution Plan Joinder Agreement and Master Plan
Document.
Ms. Dempster
Attachment # 8-G
9. Consideration and appropriate action relating to items removed from the Consent Agenda.
PUBLIC HEARING
10. The City Council will conduct a public hearing for the purpose of receiving comments and
citizen input relating to proposed Ordinance No. 948, an ordinance closing to the public use a
portion of public right of way located at the southeast corner of the intersection of E. 96`h
Street North and N. 129a' East Avenue in the City of Owasso.
Mr. Wiles
Attachment # 10
A public hearing will be held for the purpose of receiving comments and citizen input relating
to proposed Ordinance No. 948.
Owasso City Council
November 3, 2009
Page 4
11. Consideration and appropriate action relating to a request for City Council approval of
Ordinance No. 948, an ordinance closing to the public use a portion of public right of way
located at the southeast corner of the intersection of E. 96th Street North and N. 129th East
Avenue in the City of Owasso.
Mr. Wiles
Attachment # 10
Staff will recommend City Council approval of Ordinance No. 948.
12. Consideration and appropriate action relating to a request for City Council approval to revise
the construction contract between the City of Owasso and Pavement Conservation Specialist,
Incorporated resulting in a total contract amount not to exceed $419,125.
Mr. Feary
Attachment # 12
Staff will recommend City Council approval of the following revisions to the original contract
between the City of Owasso and Pavement Conservation Specialist, Incorporated: authorize a
revised scope of work for the FY 2008-2009 Street Rehabilitation Program, to include the area
of E. 96th Street North between the HWY 169 Overpass and existing concrete surface just
west of the JC Penney site; a contract overrun in an amount not to exceed $150,000 for Type 1
base repair; and a change order to the existing contract in the amount of $10,000 for traffic
control equipment needed during the repair project, for a revised total contract amount of
$419,125.
13. Consideration and appropriate action relating to a request for City Council approval of an
interlocal agreement between the City of Owasso and the City of Collinsville for jail services
and authorization for the Mayor to execute the agreement.
Mr. Yancey
Attachment # 13
Staff will recommend City Council approval of an interlocal agreement between the City of
Owasso and the City of Collinsville for the purpose of providing jail services at a rate of $45
per day, per prisoner until December 31, 2010; and authorization for the Mayor to execute the
agreement.
14. Report from City Manager.
Mr. Ray
Owasso City Council
November 3, 2009
Page 5
15. Report from City Attorney.
Ms. Lombardi
16. Report from City Councilors.
17. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda.)
18. Adjournment.
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIE TROUT LOMBARDI
CITY ATTORNEY
SUBJECT: SETTLEMENT CONFERENCE IN DOUG DRIVER V. DAN YANCEY,
SCOTT CHAMBLESS AND MICHAEL DENTON, UNITED STATES
DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA,
CASE NO.08-CV-740-GKF-FHM
DATE: November 3, 2009
BACKGROUND:
A legal action was filed against the Dan Yancey, Scott Chambless and Michael Denton in both
their official and personal capacities on December 30, 2008 by Doug Driver. This legal action,
brought under 42 U.S.C. §1983, arises out of an incident that occurred on August 23, 2008,
between Mr. Driver and the Owasso Police Department.
CONCLUSION:
The Code of Civil Procedure requires attendance at settlement conferences by a person vested
with full settlement authority on behalf of any organization named as a defendant in a federal
lawsuit. Although a representative cannot be compelled to settle the case, defendants in lawsuits
are required to confer full settlement authority upon a representative to be used at the
representative's discretion during the settlement conference. The Court has issued an order
scheduling a settlement conference for the plaintiff, defendants and their respective attorneys on
November 10, 2009, at 10:00 a.m. in federal court, and has compelled attendance and
participation by all the parties. Consequently, it is necessary for the City of Owasso to grant full
settlement authority upon a representative to attend the settlement conference on behalf of the
City and the three named police officers.
The Open Meeting Act, specifically, provides in 25 O.S. §307(B)(4) that discussions between a
public body and its attorney concerning a pending action may be held in executive session if
public disclosure of the matters to be discussed will seriously impair the public body's ability to
prosecute or defend the litigation. The City Attorney and outside counsel retained by the City to
conduct its defense believe the necessary matters to be considered and discussed by the City
Council fall within the purview of §307(B) (4), and discussion of these matters publicly during a
City Council meeting would be seriously impair the ability of the City and the three defendants
to conduct a defense. Accordingly, counsel recommends that discussion of the legal issues
relating to the pending lawsuit and the settlement conference be conducted in executive session.
As further required by the Open Meeting Act, any vote or action taken in connection with this
e
item will occur in the public meeting after the City Council members have returned from
executive session.
RECOMMENDATION:
Staff recommends that the City Council convene an executive session to discuss this lawsuit and
the scheduled settlement conference. Staff further recommends that the City Council designate
the City Manager, Rodney J. Ray, as the authorized settlement representative for the City of
Owasso in the case of Doug Driver v Dan Yancey Scott Chambless and Michael Denton, and
confer full and final settlement authority upon him for the potential disposition of this case.
2
K'
OWASSO CITY COUNCIL
RESOLUTION NO. 200911
A RESOLUTION OF THE OWASSO CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, DESIGNATING THE CITY MANAGER AS THE
SETTLEMENT REPRESENTATIVE FOR THE SETTLEMENT CONFERENCE
TO BE HELD ON NOVEMBER 10, 2009 IN THE LITIGATION STYLED DOUG
DRIVER V. DAN YANCEY, SCOTT CHAMBLESS AND MICHAEL DENTON,
AND ADDITIONALLY GRANTING FULL AND FINAL SETTLEMENT
AUTHORITY IN THIS ACTION TO THE CITY MANAGER FOR PURPOSES
OF THE SETTLEMENT CONFERENCE.
WHEREAS: The above-named City of Owasso police officers are parties to litigation currently
filed in the United States District Court for the Northern District of Oklahoma captioned as Doug
Driver v Dan Yancey Scott Chambless and Michael Denton United States District Court for the
Northern District of Oklahoma, Case No. 08-CV-740-GKF-FHM and,
WHEREAS: The defendants have been ordered to attend, through an authorized settlement
representative, a settlement conference before the Court to occur on the 10th day of November,
2009, at the United States Courthouse in Tulsa, Oklahoma, and,
WHEREAS: The City of Owasso wishes to vest full and final settlement authority in the City
Manager for purposes of the settlement conference.
THE CITY COUNCIL HEREBY ADOPTS THE FOLLOWING RESOLUTION:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, THAT: Rodney J. Ray, in his capacity as City Manager, is hereby
designated as the settlement representative of the City of Owasso for purposes of the above-
described settlement conference,
AND, BE IT FURTHER RESOLVED THAT: Rodney J. Ray is hereby vested with full and
final settlement authority on behalf of the City of Owasso for purposes of the settlement
conference to be held on November 10, 2009.
APPROVED AND ADOPTED this 3rd day of November, 2009, by the City Council of the City
of Owasso, Oklahoma.
Stephen Cataudella, Mayor
Attest:
Sherry Bishop, City Clerk
App d As T~ orm:
Julie . Lom ardi, City Attorney
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, October 20, 2009
The Owasso City Council met in regular session on Tuesday, October 20, 2009 in the Council
Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall
bulletin board at 6:00 p.m. on Friday, October 16, 2009.
ITEM 1. CALL TO ORDER
Mayor Cataudella called the meeting to order at 6:36 p.m.
ITEM 2. INVOCATION
The invocation was offered by Jason Murphy, New Life Church.
ITEM 3. FLAG SALUTE
Councilor Stovall led the flag salute.
ITEM 4. ROLL CALL
PRESENT
Steve Cataudella, Mayor
Doug Bonebrake, Vice Mayor
Bryan Stovall, Councilor
A quorum was declared present.
STAFF
Rodney Ray, City Manager
Julie Lombardi, City Attorney
ABSENT
Jon Sinex, Councilor
Wayne Guevara, Councilor
ITEM 5. READING OF THE MAYOR'S PROCLAMATION
Mayor Cataudella and members of the City Council presented a proclamation declaring October
24, 2009 as Owasso Harvest Festival Chili Cook-Off Day in the City of Owasso. Present to
accept the proclamation were Jon Fenrich and Nicole Warren, Co-Chairs of the Chili Cook-Off
event; OHS Band Drum Majors - Mark Johnson, Amanda Davis, Stratton Allbome, Nathanael
Rake; Owasso Band Patrons representative, John Hill; and, David Warren, Parks Director for the
City of Owasso.
Owasso City Council October 20, 2009
ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR CITY COUNCIL APPROVAL OF THE CONSENT AGENDA
A. Approval of Minutes of the October 6, 2009 Meeting Regular and October 13,
2009 Special Meeting.
B. Approval of Claims.
C. Acknowledgement of receiving the monthly FY 2009-10 budget status report
Mr. Bonebrake moved, seconded by Mr. Stovall, to approve the Consent Agenda with claims
totaling $427,218.60. Also included for review were the healthcare self-insurance claims report
and the payroll payment report for pay period 10/10/09.
YEA: Bonebrake, Cataudella, Stovall
NAY: None
Motion carried 3-0.
ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS
REMOVED FROM THE CONSENT AGENDA
No action was required on this item.
ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR CITY COUNCIL APPROVAL TO CLOSE A 5' UTILITY
EASEMENT ALONG THE NORTHERN BOUNDARY OF LOTS 5, 6, AND 7
BLOCK 1, PARK VIEW ADDITION AMENDED.
Mr. Wiles presented the item, recommending Council approval to close the 5' utility easement
located on the northern boundary of Lots 5, 6, and 7 of Block 1, Park View Addition Amended
as requested by St. Henry Church.
Mr. Stovall moved, seconded by Mr. Bonebrake, for Council to approve the utility easement
closure, as recommended.
YEA: Bonebrake, Cataudella, Stovall
NAY: None
Motion carried 3-0.
2
Owasso City Council October 20, 2009
ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR CITY COUNCIL APPROVAL TO PARTIALLY CLOSE A 5'
UTILITY EASEMENT LOCATED AT 12324 E. 69TH STREET NORTH IN
THE KEYS LANDING ADDITION.
Mr. Wiles presented the item, recommending Council approval to close a portion of the 5' utility
easement located in the side yard of 12324 E. 69th Street North.
Mr. Bonebrake moved, seconded by Mr. Stovall, for Council to approve the partial easement
closure, as recommended.
YEA: Bonebrake, Cataudella, Stovall
NAY: None
Motion carried 3-0.
ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR CITY COUNCIL APPROVAL OF THE SILVER CREEK
COMMERCIAL FINAL PLAT.
Mr. Wiles presented the item, recommending Council approval of the Silver Creek Commercial
Final Plat creating two lots, in one block, on five acres located on the northwest corner of E. 86th
Street North and N. 145th East Avenue.
Mr. Stovall moved, seconded by Mr. Bonebrake, for Council to approve the Silver Creek
Commercial Final Plat, as recommended.
YEA: Bonebrake, Cataudella, Stovall
NAY: None
Motion carried 3-0.
ITEM 11. CONSIDERATION AND APPROPRIATE ACTION REALTING TO A
REQUEST FOR CITY COUNCIL TO AWARD A BID TO PIERCE
MANUFACTURING AND AUTHORIZATION OF PAYMENT IN THE
AMOUNT OF $485,423 FOR THE PURCHASE OF A PUMPER TRUCK, AND
AUTHORIZATION FOR THE MAYOR TO EXCUTE THE PURCHASING
AGREEMENT.
Mr. Clark presented the item, recommending Council award the bid for the purchase of a Pumper
Truck to Pierce Manufacturing of Appleton, Wisconsin; authorize payment in the amount of
$485,423; and authorize the Mayor to execute the purchasing agreement.
3
Owasso City Council
Mr. Bonebrake moved, seconded by
Manufacturing, authorize payment,
agreement, as recommended.
YEA: Bonebrake, Cataudella, Stovall
NAY: None
Motion carried 3-0.
October 20, 2009
Mr. Stovall, for Council to award the bid to Pierce
and authorize the Mayor to execute the purchasing
ITEM 12. CONSIDERATION AND APPROPRIATE ACTION REALTING TO A
REQUEST FOR CITY COUNCIL AUTHORIZATION FOR THE CITY
MANAGER TO EXECUTE A RENEWAL CONTRACT FOR THE CITY'S
EXCESS WORKER'S COMPENSATION INSURANCE IN THE AMOUNT OF
$36,871.
Ms. Dempster presented the item, recommending Council authorization for the City Manager to
execute a renewal contract between the City of Owasso and Midwest Employers Casualty
Company for specific excess worker's compensation insurance in the amount of $36,871.
Mr. Stovall moved, seconded by Mr. Bonebrake, for Council to authorize the City Manager to
execute the excess worker's compensation insurance renewal agreement, as recommended.
YEA: Bonebrake, Cataudella, Stovall
NAY: None
Motion carried 3-0.
ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR CITY COUNCIL AUTHORIZATION FOR THE CITY
MANAGER TO EXCUTE A CONTRACT FOR THE CITY'S PROPERTY
CASUALTY INSURANCE IN AN AMOUNT NOT TO EXCEED $30,222.
Ms. Dempster presented the item, recommending Council authorization for the City Manager to
execute a contract for property casualty insurance in an amount not to exceed $30,222.
Mr. Bonebrake moved, seconded by Mr. Stovall, for Council to authorize the City Manager to
execute the contract for property casualty insurance in an amount not to exceed $30,222, as
recommended.
YEA: Bonebrake, Cataudella, Stovall
NAY: None
Motion carried 3-0.
4
Owasso City Council
October 20, 2009
ITEM 14. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR CITY COUNCIL AUTHORIZATION FOR THE CITY
MANAGER TO EXCUTE AN AGREEMENT BETWEEN THE CITY OF
OWASSO AND HAMPTON CREATIVE, AND SUPPLEMENTAL
APPROPRIATION IN THE HOTEL TAX FUND INCREASING
EXPENDITURES IN THE ECONOMIC DEVELOPMENT BUDGET.
Mr. Ray presented the item, recommending Council authorization for the City Manager to
execute an agreement between the City of Owasso and Hampton Creative for services related to
the Buy Owasso Marketing Campaign, and approval of a supplemental appropriation in the Hotel
Tax Fund increasing expenditures in the Economic Development Budget by $40,000.
Mr. Bonebrake moved, seconded by Mr. Stovall, for Council to authorize the City Manager to
execute the contract related to the Buy Owasso marketing campaign and approve the
supplemental appropriation in the Hotel Tax Fund, as recommended.
YEA: Bonebrake, Cataudella, Stovall
NAY: None
Motion carried 3-0.
ITEM 15. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR CITY COUNCIL APPROVAL OF A CONTRACT BETWEEN
THE CITY OF OWASSO AND ALABACK DESIGN SERVICES,
INCORPORATED AND GUY ENGINEERING SERVICES, INCORPORATED
FOR SERVICES RELATED TO THE CITY OF OWASSO QUALITY OF LIFE
INITIATIVE, AND AUTHORIZATION FOR THE CITY MANAGER TO
EXECUTE THE CONTRACT.
Mr. Ray presented the item, recommending Council approval of a contract between the City of
Owasso and Alaback Design Services, Inc. and Guy Engineering Services, Inc. in the amount of
$113,960 for services related to the City of Owasso Quality of Life Initiative and authorization
for the City Manager to execute the contract agreement.
Mr. Bonebrake moved, seconded by Mr. Stovall, for Council to approve the contract between the
City of Owasso and Alaback Design Services, Inc. and Guy Engineering Services, Inc. and
authorize the City Manager to execute the contract, as recommended.
YEA: Bonebrake, Cataudella, Stovall
NAY: None
Motion carried 3-0.
ITEM 16. REPORT FROM THE CITY MANAGER.
None
5
Owasso City Council October 20, 2009
ITEM 17. REPORT FROM CITY ATTORNEY
None
ITEM 1 S. REPORT FROM CITY COUNCILOR
Mayor Cataudella encouraged residents to attend the City's Annual Harvest Festival, to include
the Oklahoma State Championship Chili Cook-off, scheduled for Saturday, October 24, 2009 at
Centennial Park and the Home Depot Pow-Wow on Sunday, October 25, 2009.
ITEM 19. NEW BUSNIESS (NEW BUSNIESS IS ANY ITEM OF BUSNIESS WHICH
COULD NOT HAVE BEEN FORESEEN AT THE TIME OF POSTING OF THE
AGENDA.
None
ITEM 20. ADJOURNMENT
Mr. Bonebrake moved, seconded by Mr. Stovall, to adjourn the meeting.
YEA: Bonebrake, Cataudella, Stovall
NAY: None
Motion carried 3-0 and the meeting was adjourned at 7:36 p.m.
Stephen Cataudella, Mayor
Juliann Stevens, Deputy City Clerk
6
Claims List
11/03/09
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
GENERAL
TREASURER PETTY CASH
CC REFUND/WILBURN
50.00
TREASURER PETTY CASH
CC REFUND/RUSH
50.00
TREASURER PETTY CASH
CC REFUND/OSTERTAG
50.00
TREASURER PETTY CASH
CC REFUND/LAWS
50.00
TOTAL GENERAL 200.00
MUNICIPAL COURT
OKLAHOMA MUNICIPAL LEAGUE
CONFERENCE-JACKSON/FOWLER
200.00
JPMORGAN CHASE BANK
COURT MEALS
25.00
JPMORGAN CHASE BANK
STRATEGIC GOV-RED FLAG
58.00
JPMORGAN CHASE BANK
EZ GO-FUEL
10.00
JPMORGAN CHASE BANK
MEALS FOR COURT
26.06
TOTAL MUNICIPAL COURT 319.06
MANAGERIAL
JPMORGAN CHASE BANK
MEETING EXPENSE
39.17
JPMORGAN CHASE BANK
MEETING EXPENSE
9.72
OKLAHOMA MUNICIPAL LEAGUE
REGISTRATION FEE - CMAO
15.00
LAWN AMERICA
LAWN MAINTENANCE
396.00
SAV-ON PRINTING & SIGNS LLC
PRINTING SERVICES
56.21
SELSER SCHAEFER ARCHITECTS
PROFESSIONAL SERVICES
1,250.00
GREENWOOD PERFORMANCE SYSTEMS INC
MEETING EXPENSE
40.00
OKLAHOMA MUNICIPAL LEAGUE
OML ANNUAL CONFERENCE
225.00
FREDERICK SOMMERS & WESTERN SIGN CO
PRINTING SERVICES
400.00
STRATEGIC GOVERNMENT RESOURCES, INC
TRAVEL AND TRAINING
178.00
JPMORGAN CHASE BANK
MEETING EXPENSE
34.29
JPMORGAN CHASE BANK
MEETING EXPENSE
231.08
JPMORGAN CHASE BANK
KELL PRO-ONLINE ACCESS
129.95
JPMORGAN CHASE BANK
MEETING EXPENSE
120.89
VMH CORPORATION
LEADERSHIP TRAINING - OCT
1,000.00
JPMORGAN CHASE BANK
ICMA INTERNET-DUES/BISHOP
784.00
JPMORGAN CHASE BANK
OK MUN LEAGUE-OAMA CONF
75.00
JPMORGAN CHASE BANK
TAPE-TEL-BATTERIES
32.47
JPMORGAN CHASE BANK
MEETING EXPENSE
26.12
JPMORGAN CHASE BANK
PIKEPASS-FEES
9.70
JPMORGAN CHASE BANK
EMPLOYEE RELATIONS
33.00
TOTAL MANAGERIAL 5,085.60
FINANCE
JPMORGAN CHASE BANK
STRATEGIC GOV-TRAINING
116.00
CHARACTER TRAINING INSTITUTE
OFFICE SUPPLIES
28.75
JPMORGAN CHASE BANK
STRATEGIC GOV-RED FLAG
58.00
TOTAL FINANCE 202.75
HUMAN RESOURCES
CHARACTER TRAINING INSTITUTE
OFFICE SUPPLIES
23.00
CHARACTER TRAINING INSTITUTE
CHARACTER INITIATIVE
425.24
URGENT CARE OF GREEN COUNTRY, P.L.L
PRE-EMPLOYMENT DRUG SCREE
37.00
Page 1
Claims List
11/03/09
Budget Unit Title
Vendor Name
Payable Description
Payment Amounl
HUMAN RESOURCES...
STRATEGIC GOVERNMENT RESOURCES, INC
TRAVEL AND TRAINING
89.00
BAILEY EDUCATION FOUNDATION
EMPLOYEE DEVELOPMENT
367.50
MCAFEE & TAFT
PROF AND TECH SERVICES
504.00
MICHAEL A CRAWFORD
EMPLOYEE DEVELOPMENT
1,160.00
JPMORGAN CHASE BANK
PIKEPASS-FEES
7.80
JPMORGAN CHASE BANK
MEETING EXPENSE
13.00
JPMORGAN CHASE BANK
BARNES&NOBLE-BOOKS
40.23
JPMORGAN CHASE BANK
WALMART-SUPPLIES
7.60
TOTAL HUMAN RESOURCES 2,674.37
HR - CHARACTER INITIATIVE
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
55.29
JPMORGAN CHASE BANK
MAIL THIS-CHARACTER INIT
5.00
CHARACTER TRAINING INSTITUTE
OFFICE SUPPLIES
103.38
CHARACTER TRAINING INSTITUTE
CHARACTER INITIATIVE
109.23
TOTAL HR - CHARACTER INITIATIVE 272.90
CHARACTER SCHOOLS CHARACTER TRAINING INSTITUTE CHARACTER INITIATIVE 54.29
TOTAL CHARACTER SCHOOLS 54.29
GENERAL GOVERNMENT
IKON OFFICE SOLUTIONS, INC
COPIER SERVICE & SUPPLIES
314.23
XEROX CORPORATION
COPIER SERVICE & SUPPLIES
659.29
UNITED STATES CELLULAR CORPORATION
CELL PHONE SERVICE
26.76
MCAFEE & TAFT
PROF AND TECH SERVICES
147.00
CINTAS CORPORATION
CARPET-MAT CLEANING
27.18
INDIAN NATIONS COUNCIL OF GOVERNMEN
LEGISL. CONSORTIUM 09/10
942.50
AT&T
CONSOLIDATED PHONE BILL
658.37
OFFICE DEPOT INC
OFFICE SUPPLIES
174.37
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
43.94
BRONZE-DEPOT.COM, INC
PUBLIC ART - TIMMY & CIND
4,895.00
TOTAL GENERAL GOVERNMENT 7,888.64
COMMUNITY DEVELOPMENT
JPMORGAN CHASE BANK
PIKEPASS-FEES
8.50
OFFICE DEPOT INC
OFFICE SUPPLIES
15.01
SPRINT
SPRINT CARDS
85.89
SAV-ON PRINTING & SIGNS LLC
CODE VIOLATION STICKERS
77.63
LIVINGSTON, KEN
NUISANCE ABATEMENT MOWING
150.00
JOHNNY-WAYNE MCKNIGHT
NUISANCE ABATEMENT MOWING
200.00
TOTAL COMMUNITY DEVELOPMENT 537.03
ENGINEERING
JPMORGAN CHASE BANK
DRY CLEANING ST-UNIFORMS
5.60
UNITED STATES CELLULAR CORPORATION
CELL PHONE SERVICE
112.86
SPRINT
SPRINT CARDS
148.37
JPMORGAN CHASE BANK
DRY CLEANING ST-UNIFORMS
12.60
Page 2
Claims List
11/03/09
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
TOTAL ENGINEERING 279.43
INFORMATION TECHNOLOGY
SPRINT
SPRINT CARDS
115.04
USA MOBILITY WIRELESS, INC
PAGER USE
7.70
FEDERAL EXPRESS CORPORATION
SERVICE CHARGE
13.00
JPMORGAN CHASE BANK
DELL-FIBER NETWRK SWITCH
1,300.30
TOTAL INFORMATION TECHNOLOGY 1,436.04
SUPPORT SERVICES
JPMORGAN CHASE BANK
LOWES-SMALL TOOL
16.86
JPMORGAN CHASE BANK
WALMART-PHONE CORD
5.17
JPMORGAN CHASE BANK
LOWES-DEADBOLT
19.50
JPMORGAN CHASE BANK
LOWES-WALL REPAIR SS
19.76
RED BUD SERVICE, INC
AIR FILTER MAINT CITY HAL
41.57
DIRT BUSTER'S INC.
WKLY CLNG PARKING LOT
135.00
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
19.25
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
19.25
MURPHY SANITARY SUPPLY
PART
5.00
JPMORGAN CHASE BANK
OK PUB SAFETY-CONFERENCE
80.00
JPMORGAN CHASE BANK
GRAINGER-BUTT CANS
112.86
AT&T
CONSOLIDATED PHONE BILL
134.99
SPRINT
SPRINT CARDS
148.37
JPMORGAN CHASE BANK
LOWES-LIGHT REPAIR OC
15.96
OFFICE DEPOT INC
OFFICE SUPPLIES
72.95
JPMORGAN CHASE BANK
GRAINGER-BULBS FOR CH
4.44
JPMORGAN CHASE BANK
BRAUMS-DOC LUNCHES
44.64
JPMORGAN CHASE BANK
OFFICE DEPOT-LASER POINT
49.95
JPMORGAN CHASE BANK
LOWES-LIGHT BULB OCR
18.84
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
1.42
JPMORGAN CHASE BANK
LOWES-SPOTLIGHTS FOR OC
31.35
JPMORGAN CHASE BANK
LOWES-SPOTLIGHTS FOR OC
25.08
JPMORGAN CHASE BANK
LOWES-BALLAST FOR LIGHTS
16.98
TOTAL SUPPORT SERVICES 1,039.19
POLICE SERVICES
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
43.94
INTERNATIONAL ASSOCIATION OF COLD
TRAINING-KLAHR/MOZINGO
100.00
ARAMARK UNIFORM & CAREER APPAREL
BARRIER TAPE AND MIRROR
168.18
ARAMARK UNIFORM & CAREER APPAREL
REPLACEMENT MIRROR
68.80
ARAMARK UNIFORM & CAREER APPAREL
3 IN 1 DUTY JACKET
229.48
INTEGRIS AMBULATORY CARE CORPORATIO
PENSION BOARD PHYSICAL
450.00
LAW ENFORCEMENT PSYCHOLOGICAL SERV
PSYCH EVALUATION
80.00
LANGUAGE LINE SERVICES
SPANISH TRANSLATION
31.62
RGR SECURITY SOLUTIONS, LLC
CAMERA REPLACEMENT
295.00
DONALD L TAYLOR
KEYS
105.00
VCA ANIMAL HOSPITAL, INC
BENY'S VET VISIT
446.35
Page 3
Claims List
11/03/09
Budget Unit Title
Vendor Name
Payable Description
Payment Amounl
POLICE SERVICES...
VCA ANIMAL HOSPITAL, INC
FOOD FOR BENY
75.59
VCA ANIMAL HOSPITAL, INC
FOOD FOR BENY
75.59
ARAMARK UNIFORM & CAREER APPAREL
NAMETAG
13.99
LISA LONG
TUITION REIMBURSEMENT
619.40
ARAMARK UNIFORM & CAREER APPAREL
GAS MASKS AND FILTER
3,724.84
TREASURER PETTY CASH
MILEAGE/PARKING
18.50
JPMORGAN CHASE BANK
MICROTEL-DTI SCHOOL
252.00
JPMORGAN CHASE BANK
ARROWHD FORENSIC-RULERS
49.06
AT&T
CONSOLIDATED PHONE BILL
496.77
JPMORGAN CHASE BANK
OK POLICE SUPPLY-PARKA
199.95
JPMORGAN CHASE BANK
OK POLICE SUPPLY-PANTS
74.95
JPMORGAN CHASE BANK
CLEET GRADUATION EXPENSE
3.57
JPMORGAN CHASE BANK
LOWES-PAINT
36.79
JPMORGAN CHASE BANK
SO RUBBER STAMP-NOTARY
42.98
JPMORGAN CHASE BANK
DRY CLEANING ST-UNIFORM
1,561.50
JPMORGAN CHASE BANK
MEETING EXPENSE
6.91
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
56.37
JPMORGAN CHASE BANK
WALMART-BATTERIES
21.67
JPMORGAN CHASE BANK
ALLMED-GLOVES
392.60
JPMORGAN CHASE BANK
DECATUR ELEC-RADAR
286.95
JPMORGAN CHASE BANK
PATROL TECH-UNIFORM/GRAY
907.49
JPMORGAN CHASE BANK
PATROL TECH-UNIFORM/WILSO
349.00
SPRINT
SPRINT CARDS
648.27
USA MOBILITY WIRELESS, INC
PAGER USE
107.12
JPMORGAN CHASE BANK
OWASSO FITNESS ZONE-DUES
180.00
JPMORGAN CHASE BANK
MTM-BADGE
77.78
JPMORGAN CHASE BANK
MTM-CUSTOM BADGE
76.79
JPMORGAN CHASE BANK
MTM-2 CAPTAIN BADGES
142.62
JPMORGAN CHASE BANK
MTM-CUSTOM BADGES
142.63
JPMORGAN CHASE BANK
OREILLY-VEHICLE PARTS
22.24
ARAMARK UNIFORM & CAREER APPAREL
CARGO CADDY
296.99
TOTAL POLICE SERVICES 12,979.28
POLICE COMMUNICATIONS
JPMORGAN CHASE BANK
LOWES-MAT FOR JAIL
14.98
JPMORGAN CHASE BANK
WALMART-PRISONER MEALS
77.70
JPMORGAN CHASE BANK
COLE INF-SUBSCRIPTION
704.95
JPMORGAN CHASE BANK
ALLMED-GLOVES
294.70
JPMORGAN CHASE BANK
OK PUB SAFETY-TRAINING
35.00
JPMORGAN CHASE BANK
NAT'L ACAD OF EMD-FEE
65.00
USA MOBILITY WIRELESS, INC
PAGER USE
30.80
TREASURER PETTY CASH
CERTIFICATION CARDS
50.00
DEPARTMENT OF PUBLIC SAFETY
OLETS EQUIPMENT & DATAMAX
450.00
TOTAL POLICE COMMUNICATIONS 1,723.13
ANIMAL CONTROL
HILL'S PET NUTRITION SALES, INC
SHELTER SUPPLIES
52.50
Page 4
Claims List
11/03/09
Budget Unit Title
Vendor Name
Payable Description
Payment Amounl
ANIMAL CONTROL...
TREASURER PETTY CASH
PER DIEM/BAKER
115.00
ANNE K. KARN
CANINE SPAY AND NEUTER
500.00
ANNE K. KARN
SPAY & NEUTER
540.00
FULLERTON HYDRO-TEST INC.
OXYGEN FOR ANIMAL CONTROL
36.50
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
4.26
USA MOBILITY WIRELESS, INC
PAGER USE
15.40
AT&T
CONSOLIDATED PHONE BILL
47.33
JPMORGAN CHASE BANK
OK POLICE-UNIFORM SHIRT
66.90
JPMORGAN CHASE BANK
ALLMED-GLOVES
118.50
JPMORGAN CHASE BANK
OK POLICE SUPPLY-HOLDER
21.24
JPMORGAN CHASE BANK
MEDVET-SUPPLIES FOR AC
114.54
JPMORGAN CHASE BANK
MEDVET-WASH BOTTLE
6.90
JPMORGAN CHASE BANK
OMB POLICE-UNIFORM PANTS
239.94
TOTAL ANIMAL CONTROL 1,879.01
FIRE SERVICES
JPMORGAN CHASE BANK
A-Z RUBBER STAMP-SUPPLIES
285.00
JPMORGAN CHASE BANK
SHELL-FUEL/FUELMAN DOWN
46.78
JPMORGAN CHASE BANK
CARDLOGOW-UNIF APPAREL
1,049.75
JPMORGAN CHASE BANK
DELL-TONER STATION #3
81.83
JPMORGAN CHASE BANK
MEETING EXPENSE
47.23
CHARACTER TRAINING INSTITUTE
OFFICE SUPPLIES
17.25
SPRINT
SPRINT CARDS
681.58
AT&T
CONSOLIDATED PHONE BILL
219.73
USA MOBILITY WIRELESS, INC
PAGER USE
299.74
AT&T MOBILITY
WIRELESS SERVICE
21.94
JPMORGAN CHASE BANK
T & W TIRE-E-1 REP PARTS
1,030.52
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
13.67
JPMORGAN CHASE BANK
WAYEST-BUNKER GEAR
800.99
JPMORGAN CHASE BANK
CARDLOGOW-APPAREL
150.00
JPMORGAN CHASE BANK
PIKEPASS-FEES
2.80
JPMORGAN CHASE BANK
WS DARLEY-PARTS SQ #2
381.82
JPMORGAN CHASE BANK
WITMER-HOSE COUPLINGS
234.98
JPMORGAN CHASE BANK
LOWES-SUPPLIES
61.85
JPMORGAN CHASE BANK
PENNEYS-UNIFORM APPAREL
90.00
JPMORGAN CHASE BANK
PRENTICE HALL-TRNING MAT
80.93
TOTAL FIRE SERVICES 5,598.39
EMERGENCY PREPAREDNES
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
1.28
OFFICE DEPOT INC
OFFICE SUPPLIES
7.56
AT&T
CONSOLIDATED PHONE BILL
22.96
SPRINT
SPRINT CARDS
48.39
JPMORGAN CHASE BANK
VVEC-SIRENS ELECTRIC
36.89
TOTAL EMERGENCY PREPAREDNESS 117.08
Page 5
Claims List
11/03/09
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
STREETS
GEORGE & GEORGE SAFETY & GLOVE
PROTECTIVE CLOTHING
47.42
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
35.44
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
34.54
TULSA COUNTY BOCC
MISC. SIGNS
1,030.75
SHERWOOD CONSTRUCTION CO, INC
CONCRETE
891.00
TULSA COUNTY BOCC
SIGN REPLACEMENT
170.80
APAC-OKLAHOMA, INC.
ASPHALT
825.45
MILL CREEK LUMBER & SUPPLY
SUPPLIES
14.99
O'REILLYAUTOMOTIVE INC
SUPPLIES
9.48
MILL CREEK LUMBER & SUPPLY
SIGN CONCRETE
159.18
SHERWOOD CONSTRUCTION CO, INC
CONCRETE
1,495.75
SHERWOOD CONSTRUCTION CO, INC
CONCRETE
272.75
SHERWOOD CONSTRUCTION CO, INC
CONCRETE
440.00
APAC-OKLAHOMA, INC.
ASPHALT
128.41
JPMORGAN CHASE BANK
OREILLY-ALLEN WRENCHES
14.88
GEORGE & GEORGE SAFETY & GLOVE
PROTECTIVE CLOTHING
5.98
JPMORGAN CHASE BANK
ATWOODS-BOLTS
16.40
JPMORGAN CHASE BANK
BATTERIES PLUS-BATTERY
69.99
JPMORGAN CHASE BANK
AMERIFLEX-FITTING
29.30
SPRINT
SPRINT CARDS
181.69
USA MOBILITY WIRELESS, INC
PAGER USE
51.38
SHERWOOD CONSTRUCTION CO, INC
CONCRETE
1,188.00
MILL CREEK LUMBER & SUPPLY
SIGN REPLACEMENT
11.37
JPMORGAN CHASE BANK
OWASSO LUMBER-STAKES
39.74
TOTAL STREETS 7,164.69
STORMWATER
JPMORGAN CHASE BANK
P&K EQUIP-THROTTLE CABLE
44.12
JPMORGAN CHASE BANK
TULSA NEW HOLLAND-SKIDS
191.00
BROWN FARMS LLC
SOD
130.00
BROWN FARMS LLC
SOD
130.00
BROWN FARMS LLC
SOD
130.00
BROWN FARMS LLC
SOD
130.00
USA MOBILITY WIRELESS, INC
PAGER USE
68.79
SPRINT
SPRINT CARDS
231.68
JPMORGAN CHASE BANK
GELLCO-SAFETY BOOTS
130.00
GEORGE & GEORGE SAFETY & GLOVE
PROTECTIVE CLOTHING
5.98
JPMORGAN CHASE BANK
BATTERIES PLUS-BATTERIES
59.98
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
44.20
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
49.50
GEORGE & GEORGE SAFETY & GLOVE
PROTECTIVE CLOTHING
47.42
JPMORGAN CHASE BANK
WATER PROD-WHITE FLAGS
16.00
JPMORGAN CHASE BANK
ATWOODS-FLUID/GREASE
22.07
TOTAL STORMWATER 1,430.74
PARKS JPMORGAN CHASE BANK
ADVANCE AUTO-TERMINAL
5.19
Page 6
Claims Dist
11/03/09
Budget Unit Title
Vendor Name
Payable Description
Payment Amounl
PARKS...
UNIFIRST HOLDINGS LP
UNIFORM RENTAL/CLEANING
14.65
SPRINT
SPRINT CARDS
48.39
JPMORGAN CHASE BANK
LOWES-LIGHT BULBS
24.96
JPMORGAN CHASE BANK
ATWOODS-PADLOCK
8.99
AT&T
CONSOLIDATED PHONE BILL
174.86
OFFICE DEPOT INC
OFFICE SUPPLIES
5.79
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
1.50
JPMORGAN CHASE BANK
SAMS-FESTIVAL CANDY
107.38
JPMORGAN CHASE BANK
ANZ SIGNS-BANNER
162.50
JPMORGAN CHASE BANK
SCOREBOARD-RIBBONS/PLQS
190.00
JPMORGAN CHASE BANK
EQUIP ONE-GENERATOR RENT
130.00
ADT SECURITY SERVICES INC
SECURITY SERVICES
50.91
UNIFIRST HOLDINGS LP
UNIFORM RENTAL/CLEANING
14.65
TOTAL PARKS 939.77
COMMUNITY CENTER
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
2.97
OFFICE DEPOT INC
OFFICE SUPPLIES
142.22
AT&T
CONSOLIDATED PHONE BILL
126.32
JPMORGAN CHASE BANK
ALL MAINTENANCE-SUPPLIES
69.11
JPMORGAN CHASE BANK
TUCKER JANIT-SUPPLIES
135.30
JPMORGAN CHASE BANK
ALL MAINTENANCE-SUPPLIES
28.25
CHARACTER TRAINING INSTITUTE
OFFICE SUPPLIES
17.25
CHARACTER TRAINING INSTITUTE
CHARACTER INITIATIVE
35.00
JPMORGAN CHASE BANK
REX ART-ART SUPPLIES
78.53
TOTAL COMMUNITY CENTER 634.95
HISTORICAL MUSEUM
AT&T
CONSOLIDATED PHONE BILL
72.94
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
1.74
JPMORGAN CHASE BANK
EMTEC PEST-TERMITE CONTRL
200.00
TOTAL HISTORICAL MUSEUM 274.68
ECONOMIC DEV
OFFICE DEPOT INC
OFFICE SUPPLIES
2.58
JPMORGAN CHASE BANK
MEETING EXPENSE
12.99
JPMORGAN CHASE BANK
TRAVEL EXPENSE-NBAA
39.67
JPMORGAN CHASE BANK
TRAVEL EXPENSE-NBAA
5.00
JPMORGAN CHASE BANK
TRAVEL EXPENSE-NBAA
3.25
JPMORGAN CHASE BANK
TRANSFUTURE-TRANS FARE
48.00
JPMORGAN CHASE BANK
SW AIRLINES-NBAA CONF
820.50
JPMORGAN CHASE BANK
TRAVEL EXPENSE-NBAA
12.75
JPMORGAN CHASE BANK
IEDC-MEMBERSHIP DUES
345.00
JPMORGAN CHASE BANK
TRAVEL EXPENSE-NBAA
8.00
JPMORGAN CHASE BANK
DOUBLETREE-NBAA CONF.
643.52
JPMORGAN CHASE BANK
TRAVEL EXPENSE-NBAA
24.98
JPMORGAN CHASE BANK
TRAVEL EXPENSE-NBAA
2.20
Page 7
Claims List
11/03/09
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
ECONOMIC DEV...
JPMORGAN CHASE BANK
TRAVEL EXPENSE-NBAA
43.00
JPMORGAN CHASE BANK
TRAVEL EXPENSE-NBAA
62.55
JPMORGAN CHASE BANK
TRAVEL EXPENSE-NBAA
21.39
JPMORGAN CHASE BANK
TRAVEL EXPENSE-NBAA
10.20
JPMORGAN CHASE BANK
TRAVEL EXPENSE-NBAA
6.64
JPMORGAN CHASE BANK
TRAVEL EXPENSE-NBAA
9.03
JPMORGAN CHASE BANK
TRAVEL EXPENSE-NBAA
7.54
TOTAL ECONOMIC DEV
2,128.79
54,859.8
FUND GRAND TOTAL
AMBULANCE SERVICE ROBIN T. LOW
AMBULANCE REFUND
325.00
AMERICAN MUNICIPAL SERVICES LTD
COLLECTION SERVICES
139.00
TOTAL AMBULANCE SERVICE
464.00
AMBULANCE
JPMORGAN CHASE BANK
BOUND TREE-SUPPLIES
159.26
JPMORGAN CHASE BANK
BOUND TREE-SUPPLIES
637.04
AT&T MOBILITY
WIRELESS SERVICE
82.76
TOTAL AMBULANCE
879.06
1,343.0
FUND GRAND TOTAL
E911 COMMUNICATIONS
AT&T
CONSOLIDATED PHONE BILL
275.65
IINCOG-E911
E911 CHARGES AUGUST/SEPT
5,520.75
TOTAL E911 COMMUNICATIONS
5,796.40
5,796.4
FUND GRAND TOTAL
JUVENILE COURT - JV COUR" YOUTH SERVICES OF TULSA
YOUTH COURT SERVICES
11,250.00
TOTAL JUVENILE COURT - JV COURT
11,250.00
11,250.0
FUND GRAND TOTAL
STRONG NEIGHBORHOODS
SAV-ON PRINTING & SIGNS LLC
BUSINESS CARDS
30.00
I
SPRINT
SPRINT CARDS
70.88
TOTAL STRONG NEIGHBORHOODS
100.88
100.8
FUND GRAND TOTAL
CI - 106/GARNETT INTERSEC PSA-DEWBERRY INC
ENGINEERING SERVICES
3,286.25
Page 8
Claims List
11/03/09
Budget Unit Title
Vendor Name
Payable Description
Payment Amount
TOTAL CI - 106/GARNETT INTERSEC 3,286.25
3,286.2
FUND GRAND TOTAL
CITY GARAGE
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
2.41
AT&T
CONSOLIDATED PHONE BILL
43.36
T & W TIRE, LP
TRASH TRUCK TIRES
-1,845.34
AT&T MOBILITY
WIRELESS SERVICE
59.20
FRONTIER INTERNATIONAL TRUCKS, INC
PARTS FOR DUMP TRUCK
-158.47
FRONTIER INTERNATIONAL TRUCKS, INC
PARTS FOR DUMP TRUCK
158.47
JPMORGAN CHASE BANK
MOTOROLA-RADIO PARTS
56.40
JPMORGAN CHASE BANK
ANTENNA PLUS-ANTENNAS
199.80
NAPA/GENUINE PARTS COMPANY
PARTS FOR CITY VEHICLES
57.24
O'REILLY AUTOMOTIVE INC
OPERATING SUPPLIES
32.00
O'REILLY AUTOMOTIVE INC
PARTS FOR CITY VEHICLES
255.39
CLASSIC CHEVROLET, INC.
PARTS FOR 98 GMC VAN
31.32
B & M OIL COMPANY INC
OIL & FLUIDS
1,095.05
B & M OIL COMPANY INC
OIL & FLUIDS
709.50
B & M OIL COMPANY INC
OIL & FLUIDS
350.90
T & W TIRE, LP
TIRES FOR TRASH TRUCKS
369.88
QUALITY TIRE & AUTO SERVICE, LLC
WHEEL ALIGNMENT
14237
CLASSIC CHEVROLET, INC.
PARTS FOR PW TRUCK
221.06
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
33.27
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
33.27
CHARACTER TRAINING INSTITUTE
OFFICE SUPPLIES
5.75
T & W TIRE, LP
TRASH TRUCK TIRES
1,845.34
TOTAL CITY GARAGE 3,698.17
FUND GRAND TOTAL 3,698.1
WORKERS' COMP SELF-INS CITY OF OWASSO IMPREST ACCOUNT WC-CLAIMS RELATED EXP. 289.00
TOTAL WORKERS' COMP SELF-INS 289.00
WORKERS' COMP SELF-INS
CITY OF OWASSO IMPREST ACCOUNT
WC-CLAIMS RELATED EXP.
289.00
RICH & CARTMILL, INC
EXCESS WORKERS COMP
36,871.00
CITY OF OWASSO IMPREST ACCOUNT
WC-CLAIMS RELATED EXP.
9,643.83
TOTAL WORKERS' COMP SELF-INS 46,803.83
FUND GRAND TOTAL 47,092.8
GEN LIAB-PROP SELF INS
MCAFEE & TAFT
LEGAL SERVICES - DRIVER
6,309.24
KOOL RIDES CUSTOMS
REPAIR TO POLICE CAR
2,744.56
BRENDAN M. MCHUGH
FRANGER VS TOWNSEND
-19,900.00
Page 9
Claims List
11/03/09
Budget Unit Title
Vendor Name
Payable Description
Payment Amounl
GEN LIAB-PROP SELF INS...
BRENDAN M. MCHUGH
WOOD, PUHL & WOOD, P.L.L.C
WOOD, PUHL & WOOD, P.L.L.C
FRANGER VS TOWNSEND
LEGAL SERVICES
LEGAL SERVICES - SEAMAN
19,900.00
2,771.28
150.00
TOTAL GEN LIAB-PROP SELF INS
11,975.08
FUND GRAND TOTAL
11,975.0
CITY GRAND TOTAL
$139,402.48
Page 10
CITY OF OWASSO
GENERALFUND
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING 10124/09
Department Payroll Expenses Total Expenses
Municipal Court
4,586.32
5,464.39
Managerial
18,841.24
22,854.14
Finance
12,982.52
15,870.65
Human Resources
6,126.20
7,505.58
Community Development
10,817.80
13,287.11
Engineering
14,641.78
17,929.99
Information Systems
9,335.58
11,463.23
Support Services
7,127.55
8,728.08
Police
96,565.77
119,135.84
Central Dispatch
10,275.81
12,550.48
Animal Control
2,392.40
2,909.17
Fire
94,757.71
112,746.81
Emergency Preparedness
2,798.43
3,443.19
Streets
6,939.31
8,497.84
Stormwater/ROW Maint.
7,824.51
9,528.93
Park Maintenance
6,703.21
8,117.26
Community-Senior Center
2,856.10
3,482.37
Historical Museum
2,054.82
2,528.25
Economic Development
3,589.32
4,408.67
General Fund Total
321,216.38
390,451.98
Garage Fund Total 4,237.52 5,176.77
Ambulance Fund Total 19,922.55 23,640.04
Emergency 911 Fund Total 3,425.28 4,183.53
Worker's Compensation Total 2,213.14 2,664.02
Strong Neighborhoods 2,077.12 2,555.68
CITY OF OWASO
HEALTHCARE SELF INSURANCE FUND
CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 11/03/09
VENDOR DESCRIPTION
AETNA HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
ADMIN FEES
STOP LOSS FEES
HEALTHCARE DEPT TOTAL
DELTA DENTAL DENTAL MEDICAL SERVICE
DENTAL MEDICAL SERVICE
DENTAL MEDICAL SERVICE
DENTAL DEPT TOTAL
AMOUNT
34,400.70
20,504.75
35,132.16
16,344.00
18,996.75
125,378.36
3,056.20
1,582.57
3,712.60
8,351.37
VSP VISION MEDICAL SERVICES 1,503.50
VISION DEPT TOTAL 1,503.50
HEALTHCARE SELF INSURANCE FUND TOTAL
135,233.23
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: LARISSA DARNABY
CITY PLANNER
SUBJECT: ORDINANCE NO. 949
DATE: OCTOBER 28, 2009
BACKGROUND:
At the October 20, 2009 meeting, the Owasso City Council approved a request to close a 5' utility
easement on property located on Lots five (5), six (6), and seven (7), Block one (1) Parkview
Addition Amended. Attached is a copy of Ordinance No. 949 that formally adopts the City
Council's action of October 20, 2009. The Council took the action on this easement closure
following the Planning Commission's approval on October 12, 2009.
RECOMMENDATION:
The staff recommends Council approval of Ordinance No. 949.
ATTACHMENT:
1. Ordinance No. 949
CITY OF OWASSO
ORDINANCE NO. 949
AN ORDINANCE CLOSING TO THE PUBLIC USE OF A UTILITY
EASEMENT LOCATED IN SECTION 30, TOWNSHIP 21 NORTH,
RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, AND REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH.
WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to
the public use a portion of a utility easement; and,
WHEREAS, said utility easement are described as follows:
A tract of land that is part of Lots five (5), six (6), and seven (7), Block one (1),
Park View Addition Amended, an addition to the City of Owasso, Tulsa
County, State of Oklahoma, According to the recorded plat thereof, said tract of
land being described as follows: Commencing at the northeast corner of said
Block one (1); thence north 89°45'54" west along the northerly line of said Block
one (1) for 10.00 feet to the Point of Beginning of said tract of land; thence south
0°04'26" west for 5.00 feet; thence north 89°45'54" west parallel with said
northerly line for 255.75 feet; thence north 0'14'06" east for 5.00 feet to a point
on said northerly line; thence south 89°45'54" east along said northerly line for
255.74 feet to the Point of Beginning of said tract of land.
Said described tract contains 1,279 square feet or 0.029 acres, more or less.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, THAT,
Section 1. The following described easement, be, and the same is hereby closed to the public
use, to-wit:
A tract of land that is part of Lots five (5), six (6), and seven (7), Block one (1),
Park View Addition Amended, and addition to the City of Owasso, Tulsa County,
State of Oklahoma, According to the recorded plat thereof, said tract of land being
described as follows: Commencing at the northeast corner of said Block one (1);
thence north 89°45'54" west along the northerly line of said Block one (1) for
10.00 feet to the Point of Beginning of said tract of land; thence south 0°04'26"
west for 5.00 feet; thence north 89°45' 54" west parallel with said northerly line
for 255.75 feet; thence north 0°14'06" east for 5.00 feet to a point on said
northerly line; thence south 89°45'54" east along said northerly line for 255.74
feet to the Point of Beginning of said tract of land.
Said described tract contains 1,279 square feet or 0.029 acres, more or less.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby expressly repealed.
Section 3. If any part or parts of this ordinance are deemed unconstitutional, invalid or
ineffective, the remaining portion shall not be affected but shall remain in full force and effect.
Section 4. The provisions of this ordinance shall become effective thirty (30) days from the
date of final passage as provided by state law.
Section 5. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma,
a true and correct copy of this Ordinance.
PASSED AND APPROVED this 3Td day of November, 2009.
Stephen Cataudella, Mayor
ATTEST:
Sherry Bishop, City Clerk
APPROVED AS TO FORM:
Jule Lombardi, City Attorney
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: LARISSA DARNABY
CITY PLANNER
SUBJECT: ORDINANCE NO. 950
DATE: OCTOBER 28, 2009
BACKGROUND:
At the October 20, 2009 meeting, the Owasso City Council approved a request to close a portion of
a utility easement on property located at Lot 28, Block 2, Keys Landing. Attached is a copy of
Ordinance No. 950 that formally adopts the City Council's action of October 20, 2009. The
Council took the action on this easement closure following the Planning Commission's approval
on October 12, 2009.
RECOMMENDATION:
The staff recommends Council approval of Ordinance No. 950.
ATTACHMENT:
1. Ordinance No. 950
CITY OF OWASSO
ORDINANCE NO. 950
AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A
UTILITY EASEMENT LOCATED IN SECTION 32, TOWNSHIP 21
NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, AND
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH.
WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to partially
close to the public use a portion of a utility easement; and,
WHEREAS, said utility easement are described as follows:
A tract of land that is a portion of Lot twenty-eight (28), Block two (2), Keys
Landing I, an addition to the City of Owasso, Tulsa County, State of Oklahoma,
according to the recorded plat thereof, said tract being that portion of said lot
occupied by the existing brick garage, lying in the platted utility easement along
the southwesterly side of said lot and described as follows: Commencing at the
northwesterly corner of said Lot twenty-eight (28), Thence S35°09'02" E, along
said lot line, a distance of 26.54 feet; Thence N55°07'44"E, a distance of 4.90 feet
to the northwesterly corner of the existing brick garage and the Point of
Beginning; Thence N54°50'58"E, a distance of 0.1 feet to the Point of
Intersection of the northerly side of the brick garage and the utility easement;
thence S35°09'02"E , along said easement line, a distance of 20.50 feet to the
Point of Intersection of the southerly side of the brick garage and the utility
easement; thence S55°07'44"W along said brick garage, a distance of 0.2 feet and
the southwesterly corner of said brick garage; thence N34°42' 16"W, along said
brick garage, a distance of 20.50 feet to the Point of Beginning
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, THAT,
Section 1. The following described partial easement, be, and the same is hereby closed to
the public use, to-wit:
A tract of land that is a portion of Lot twenty-eight (28), Block (2), Keys Landing
I, an addition to the City of Owasso, Tulsa County, State of Oklahoma, according
to the recorded plat thereof, said tract being that portion of said lot occupied by
the existing brick garage, lying in the platted utility easement along the
southwesterly side of said lot and described as follows: Commencing at the
northwesterly corner of said Lot twenty-eight (28), thence S35°09'02" E, along
said lot line, a distance of 26.54 feet; Thence N55°07'44"E, a distance of 4.90
feet to the northwesterly corner of the existing brick garage and the Point of
Beginning; Thence N54°50'58"E, a distance of 0.1 feet to the Point of
Intersection of the northerly side of the brick garage and the utility easement;
thence S35°09'02"E , along said easement line, a distance of 20.50 feet to the
Point of Intersection of the southerly side of the brick garage and the utility
easement; thence S55°07'44"W along said brick garage, a distance of 0.2 feet and
the southwesterly comer of said brick garage; thence N34°42' 16", along said
brick garage, a distance of 20.50 feet to the Point of Beginning.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby expressly repealed.
Section 3. If any part or parts of this ordinance are deemed unconstitutional, invalid
or ineffective, the remaining portion shall not be affected but shall remain in full force and effect.
Section 4. The provisions of this ordinance shall become effective thirty (30) days
from the date of final passage as provided by state law.
Section 5. That there be filed in the office of the County Clerk of Tulsa County,
Oklahoma, a true and correct copy of this Ordinance.
PASSED AND APPROVED this 3rd day of November, 2009.
Stephen Cataudella, Mayor
ATTEST:
Sherry Bishop, City Clerk
APPROVED AS TO FORM:
ouj"j /'04 6
Julie mbardi, City Attorney
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JOHN W. FEARY
PROJECT ADMINISTRATOR
SUBJECT: ACCEPTANCE OF SANITARY SEWER AND WATER SYSTEMS AT
CHAMPION EAST & WEST
DATE: October 30, 2009
BACKGROUND:
The subject residential development is located west of N. 145"' East Avenue on E. 76"' Street
North. The properties are divided along E. 76th Street by the southern-most section of The Greens
Golf Course. The water system consists of 8,330 linear feet of 6" PVC water line, 1,135 linear
feet of 10" PVC water line, and 10 linear feet of 12" PVC water line. The sanitary sewer system
consists of approximately 9,185 linear feet of 8" PVC sanitary sewer line and 1,310 linear feet of
12" PVC sanitary sewer line. The construction of both systems was inspected by the Owasso
Public Works Department.
FINAL INSPECTIONS:
A final inspection for the water and sewer system was conducted by Public Works personnel in
October of 2009. All items identified at the final inspection requiring correction to meet city
standards have been completed
The construction contractor and design engineer have provided the as built plans and the required
two-year maintenance bond for both water and sanitary sewer systems.
RECOMMENDATION:
Staff recommends Council acceptance of the Champion East and West water and sanitary sewer
systems.
ATTACHMENTS:
1. Attorney correspondence noting approval of maintenance bonds
2. DEQ permit # WL000072061346 and #SL000072061350
From: Lombardi, Julie
Sent: Wednesday, July 02, 2008 6:54 PM
To: Bargas, Miguel
Subject: RE: Champion East Maintenance Bonds
Miguel,
I have reviewed the three bonds for Champion East you forwarded to me. The attorney-
in-fact signature is authorized on each of the bonds, and the surety on each bond is
licensed to do business within the State of Oklahoma. The amount of each of the three
bonds is well within the surety's underwriting limit of $110,687,000. Consequently, the
bonds on the water system and sanitary sewer system are approved. However, with
regard to the paving inlet and storm sewer bond, I share your concerns. I would
recommend either that we obtain a rider specifically including paving for the entire
roadway or require that the bond be reissued to cover the entire roadway.
Let me know if I can be of assistance.
Julie
Julie Trout Lombardi
City Attorney
City of Owasso
111 N. Maim
Owasso, OK 74055
(918) 376-1511
(918) 376-1599 fax
From: Bargas, Miguel
Sent: Friday, June 20, 2008 10:57 AM
To: Lombardi, Julie
Subject: Champion East Maintenance Bonds
I am sending you maintenance bonds for review. I do have a concern on the road and storm sewer in the
way that it is worded. I am concerned that the words east paving inlet does not imply maintenance on the
entire roadway paving. Please let me know if we need this changed and if so will a rider be ok.
Miguel Bargas
K L
S
Si L iI h ;t1 ~
mcritiv„ ffir',"ictoi. LA
May 22, 200
Ana Stagg, Public Works Director
City of Owasso
301 West 2nd Avenue
Owasso, Oklahoma 74055
Re: Revised Permit No, WL000072061346
Champion East & West Addition Water Line Extension
Facility No. 30027'16
Clear Ms. Stagg:
BRAW HENRY
Enclosed is Re`1 ise .t i'=f x " € = s
€'JC water lire, 1,135 linear feet of tern (10} inch PVC water line, 00 linear feet of twelve (12) inch PVC
water line and all appurtenances to serve the Champion East & West Addition, Tulsa County, Oklahoma.
The project authorized by this revised permit should be constructed in accordance with the puns
approved by this Department on May 22, 2007. Any deviations from the approved plans and
specifications affecting capacity, flow or operation of units must be approved, in writing, by the
Department before changer are made.
Receipt of this revised pgrmit should be noted in the minutes of the next regular meeting of the City of
Owasso, after which it should be made a matter of permanent record.
We are returning two (2) sets of the approved plans to you, one (1) set to your engineer and retaining one
(1) set for our files,
Sincerely,
Justin Hodge
DWSRF/Construction Permit Section
Water Quality Division
J H/ERITW/ab
Enclosure
Rick Austin, Regional !Manager, DEQ
Regional Office at Tulsa
Brian K Kellogg, P.E., Kellogg Engineering, Inc.
Nathan Kuhnert, Planning & Management [division, OWRB
't',-OF"IROBIN. tai! P.0 81 TX- /77 0KIfi,r1VI (I Y, 0;1i.!fH~lAMTz10 -It';`
On
t
i;
Tal
A. rHMAP1011`1
A I.11'`'".l` DE ~•ARldrl rrt€ .l'~i NT OF € E ~~It+lEllJ~;a?€~€I'~I:~.:.~J €t' IR f err TAI QUl} „a Tsj
l';<€;f titiVB l~1i~lTtad l..!-te;pttts~f%$ ~.liY
May 15, 2007
Ana Stagg, Public Works [director
City of Owasso
301 West 2nd Avenue
Owasso, Oklahoma 740,55
Re: Revised Permit No. SL000072061350
Champion Fast & West Addition Sanitary Sewer Lino Extension
5-21°310
Dear Ms. Stagg:
tit%gd1)i
PVC sanitary sewer line, 1,310 linear feet of twelve (12) inc' h €''VC sanita€y sewer I€rte and all
appurtenances to serve the Champion East & West Addition, Tulsa County, Oklahoma.
The project authorized by this revised permit should be constructed in accordance with the plans
approved by this Department can May 15, 2007. Any deviations from the approved plans and
specifications affecting capacity, flew or operation of units must he approved, In writing, by the
Department before -Ai,-a qes are n-'ande.
Receipt of this revised permit should be noted in the minutes of the next regular meeting of the City of
Owasso, after which it should be made a matter of permanent record.
We are returning two (2) Nets of the approved plans to you, one (1) set to your engineer and retaining one
(1) set for our files.
Sincerely,
Justin Hodge
DWSRF/Construction Permit Section
lity Division
Water 11/ab
VK
JH/ER/ Enclosure
c: Rick Austin, Regional Manager, DEQ
Regional Office at Tulsa
Brian K Kellogg, P.E., Kellogg Engineering, Inc,
Nathan Kuhnert, Planning & Management Division, OWRB
16-y7,!jitL..!€0€2'jfl f.ii„C'iil.."l~i ii"S7vilo 1. 16,77'
M, t w ok
Puss
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JOHN W. FEARY
PROJECT ADMINISTRATOR
SUBJECT: ACCEPTANCE OF STREETS AND STORM DRAINAGE SYSTEM
CHAMPION EAST & WEST
DATE: October 30, 2009
BACKGROUND:
The subject residential development is located west of N. 145"' East Avenue on E. 76t'' Street
North. The properties are divided along E. 76"' Street by the southern-most section of The Greens
Golf Course.
FINAL INSPECTIONS:
Final inspections for the streets and storm drainage systems were conducted by Public Works
personnel in October 2009. All items identified at the final inspection requiring correction to
meet city standards have been completed. The "As Built" drawings for the streets and storm
water drainage system have been supplied to Public Works and have been approved.
The construction contractor has provided the required two-year maintenance bond for the storm
drainage system and a two-year maintenance bond for the streets (see attached).
RECOMMENDATION:
Staff recommends Council acceptance of the Champion East and West streets and storm water
drainage systems.
ATTACHMENTS:
1. City Attorney correspondence noting approval of maintenance bonds
2. Maintenance Bond
Stevens, Julie
From: Lombardi, Julie
Sent: Thursday, July 10, 2008 12:16 PM
To: Bargas, Miguel
Subject: RE: Maintenance Bonds
Miguel,
I have reviewed the Champion East Paving, Paving Inlets and Storm Sewer System bond (Bond No.
3-976-825) and the Morrow Place Commercial-Phase One Sanitary Sewer System (Bond No. 3-976-
824) maintenance bonds you forwarded to me for review. The attorney-in-fact signatures are
authorized on both bonds, the surety for both bonds (The Ohio Casualty Insurance Company) is
licensed to do business in Oklahoma, and the amount of both bonds is well within the surety's
$110,687,000 underwriting limit. Therefore, both bonds are approved.
Julie
Julie Trout Lombardi
City Attorney
City of Owasso
111 N. fflai l
Owasso, K 74055
(918) 326-1511
(918) 376-1599 fax
From: Bargas, Miguel
Sent: Wednesday, July 09, 2008 10:51 AM
To: Lombardi, Julie
Subject: Maintenance Bonds
I am sending maintenance bonds for review. One is on Morrow Place Commercial- Phase One Sanitary Sewer System.
One is Champion East Paving. Please review and reply with your findings.
Miguel Bargas
Maintenance Bond
Bond No: "76-825
KNOW AI.1, MEN BY THESE PRESENTS, That we IIZ.:k M. GR.EENT
C'ONS"I RI K 1'ION CO.. as Principal (Developer and/or Contractor), and TI-I:.E OHIO
C.,\'tiAL'f'' INM`I4ANC1 COMPANY as Surety, are held and firmly bound unto the
City of Owasso, Oklahoma, as Obligee, in the penal. sure of 1. OUR II1_ NIDRI.,_1.) I.."ICIIIIIA,
Vl(A D I l FOUS ANff 3C)I_,1: 1RS (4 'r,i:!if0.0") to which payment will and truly to be
made, we do bind ourselves, and each. of our heirs, executors, administrators, successors,
and assigns jointly and severally, firmly by these presents.
WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of
TWO YEARS after final approval of the CII N.41'I(-: IsAST PAVING, 1-'AVINC:
i`N11 FS `r l:) > UR,, 1 Sl:`Wl 'J; SYS l' I.A/1, a privately financed. public inlprovement,
and ~ICCeptanec of.'Such by the City Council of the City off Owasso, Oklahorna, against all
defects In worKmanslllp and n"Iaterlal s Nvl?Ich n18y econ'le -)t;parer)t '11 .;clcl? 1}1.1v42,f l
fin -ic.eti r:)` c.ll..'I'l 1 1 ,4, t^
.NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that tl-;e
Pri'n6pal amd/or Surety shall indemnify the Obligee for all loss that the Obligee may
sustain by reason of any defective materials or workmanship in the privately financed
public improvement which may beco.trie apparent during the said period.
SIGNED, SEALED, AND DATED: IL!Nt.' 16, '2008
t . ' J` S Ii UC 1 101\ CO, Principal
BY:
C1lZ. G
BRIAN -EN, PRESIDENT
1.'I fL OI II() (.:`ASI.:! 1,11'
1 Y IN8U.RANI( COMPANY, Surety
13 ttorney-in-Fact
J LIA CLICK-WILSON
CF1 f IF!ED COPY OP POWER OF A11'ORNEY
TIIE 01110 CASUALTY INSURANCE COMPANY
WEST ANIERICAN INSURANCE COMPANY
No. 40-293
Know All Men by These Presents: 'that THE OHIO CASUAL W INSURANCE CM4PANY. an Ohio Corporation, and WEST AAA ERICAN INSURANCE COMPANY.
nn Indiana Corporation pursuant M. rite autitority granted by Article f1i. Section 9 of tt!e Cede of Regulatior!s and By-L;nvs o* The. Ohio Casualty Insurance Company and
Vdrst Aineriian Insurance Company. do hereby nominate. constitute and appoint Hichael Tedford, Julia Click-Wilson, Cottnie.'rhueson, Karla Edmonds, Mark "fedford or
tarry' llerrint, of Jenks, Oklahoma its uue and lawful a<aent (s) and auu-ney (s)-tan-fact to snake. execute, seal and deliver for and on its be:liolf as surety, and as its act and deed
:mv in(] all B()NDS, UNUI:.i(, AKINGS, and RECOGNIGANC'.ES, not exceeding in any single instance SIX R111.,L10N ($6,(IM000.00) DOLLARS, excluding, however, any
hond('i or and-1%rA ne(s) , uarant,°einv+ :.rte pai-inent ni'rotes and :nter.st thereon
And th, execution ofsuch bonds or undertakings in pursuance ofthese presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes. as ifthey
had been duly e-xecpted and acl, nowledged by the regularly elecled officers of the Companies at their administrative offices in Fairfield, Ohio, in their own proper persons.
"1,110 authority granted h;creunder supersedes any previous authority heretofore granted the above nanned attonney(s)-in-fact.
In WI'LNBSS WHEREOF, the undersigned olTicer of the said The Ohio Casualty Insurance Company and West American Insurance Company
has hensutlo subscribed his name and affixed the Corporate Seal of each Company this 17th day of October, 2007.
SEAL gf 1 A 1
ti;.4}!
~w; c„F,~i+'°r'g l l,. ~D Y. rJ Q.('rJ'~-v/✓r,i%z,
Sam Lawrence, Assistant Secretary
SIAfl.:OF01110,
COUNJ'Y OF BUTLER
On ,his 17th day of October, 2007 before the subscriber, a Notarv Public of the State of Ohio, in and for the County or Butler, duly commissioned and qualified, came Sam
Lawrence.. Assistant Secretory of Tl IL 01-110 C:ASUAL:fY INSURANCE COMPANY arid WEST AfvfLRICAN INSURANCE COMPANY, to n?e personally known to be the
ind!vidwil and otlicer described in. and who executed the preceding Instnunent and he acknowledged th execution of the same, and being by me Cluly sworn deposes and says,
that he is that o1l)Cer of tine Companies aloresaid, and that the seals affixed to the preceding instrunnent are, the CopotMe Seals of said C'ornpanies, and the said Corporate Seals and
his sil-nauur v ofBeer were duly affixed and subscribed to tile., said insirument by the authority and direction ofthe said Corporations.
IN -11'.- r11' x.11' \o i ' R.11 'i,',r her....t : ar m\ arts. ,I i .•n n N r!i firer I 1„wit. .irn, u, ,r gin. .`:r
\ygnurr::.
I' l
w ``'b9l e-f~tr ~a
alyy Nrn 9~ N`t Nµ\~~C
Notary Public in and for County of Butler, State of Ohio
fvly f`omir,issirnt expire, August 5, 2012.
'this ptn\er of attorr!cy is granted under and by authority of Article 111, Section 9 of the Code of Regulations and By-Ia•,vs of The Ohio Casualty insurance Company
and W; z,t Arnerictui Insurance Company, extracts front which read:
Article Ili, Section 9. APRointen
mt of Attont s-in-pact. The Chairman of the Board, the President, any Vice-President, the Secretary or any Assistant
Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the
corpoatl!on as surety to, and to execute, attach the seal of the corporation to, acknoNvledge and deliver any and all bonds, recagnizattces, stipulations, undertakings of
other irr:utunent; of suretyship and policies of insurance to be given in favor orally individual, firm, corporation, partnership, limited liability company or other entity.
III he ul'Gcial tcprescntaiivc thereof. or In any cuu!ity or stab, or any orTicial board or boards of any county or state, or the United Stages of America or any agency
thereof, or to any other political subdivision thereof
1'his instrument is signed and sealed as authorized by the. following resolution adopted by the Boards of Directors ofthe Companies on October 21, 2004:
RESOLVED, That the signature oh any officer of the Company authorized under Article Ill, Section 9 of its Code of Regulations and By-laws anti the
Company seal may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company to make, execute, seal and deliver for and on its
behalf as surety any and all bonds, undertakings of other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their
authority: and to revoke any such appointment. SLICII signatures and sea! are hereby adopted by the Company as original signatures and seal and shall, with iespeet to
any bond. undertaking or other written obligations in the nature thereof to which it is attached, be valid and binding upon the Coipatty with the same force and effect as
thOURI) ntanual!v affixed.
CERT [FICA YE
I dw undrrsi tnedi Asslslnni Secietar\ or The Ohio Casuallg Instnar!ce Company and West ,American Insurance Company, do hereby certify that the foregoing power of attorney,
t11c lei' fenced 13d:-I,a1?ys of the Companie anal the ebove resoluudm of'their Boards of Directors are IRM and correct copies and are in full force and effect on this date.
IN I I NI:SS WI II-RLiUF. I have hereunto set nny liand and the seals ofthe Companies this 16th day of Julie, 2008
\\tt ~5J66 „k w5,ii,1
_ SEA A 1.
s%'\+f+,
S-4300 3/99 Assistant Secretary
MEMORANDUM
TO: THE HONORABLE MAYOR & CITY COUNCIL
CITY OF OWASSO
FROM: MICHELE DEMPSTER _)~V
HUMAN RESOURCE DIRECTOR
SUBJECT: OMRF DEFINED CONTRIBUTION PLAN AMENDMENT
ORDINANCE #951
DATE: October 27, 2009
BACKGROUND:
The Oklahoma Municipal Retirement Fund (OMRF) Defined Contribution Plan (Thrift Plan) is a
supplemental retirement option available to all full-time employees. Employees may elect to
contribute up to 2% of their base wages, and the City will match the employees' contributions
$0.50 on the dollar. Employees may also elect to make additional contributions that are not
matched by the City. Investment options are selected by the employee.
The City Council is the designated Retirement Committee for the City's OMRF retirement plans.
Therefore all plan changes and/or modifications must be approved by the City Council. Staff
was notified several months ago that OMRF would be updating the Defined Contribution Master
Plan and Joinder agreement for our plan. The updates have been approved by the Internal
Revenue Service (IRS) and according to IRS regulations must now be formally adopted by the
Retirement Committee. The changes are intended to clarify current plan language; more clearly
define "compensation," and update language/definitions as required by Internal Revenue Code.
The changes will not affect the city or employee's contributions or plan benefits.
RECOMMENDATION:
Staff recommends approval of Ordinance #951 amending the OMRF Defined Contribution plan
Joinder Agreement and Master Plan document.
ATTACHMENTS:
1. Summary of Changes
2. Ordinance #951
3. Joinder Agreement
4. OMRF Master Defined Contribution Plan
Oklahoma Municipal Retirement Fund
Master Defined Contribution Plan and Joinder Agreement
Summary of Changes
The following summary compares the current version of the Oklahoma Municipal Retirement Fund Master
Defined Contribution Plan and Joinder Agreement with the version recently approved by the IRS:
A. Master Defined Contribution Plan
Feature
Current Version
Newly-Approved Version
1.
Compensation
Defined generally as total cash
Defined generally as wages for federal
remuneration paid for personal
income tax withholding purposes, as defined
services as reported on the
under Internal Revenue Code § 3401(a), plus
Participant's Form W-2 or its
certain other payments. Allows the
subsequent equivalent, excluding
Employer to modify the definition of
extraordinary severance payments,
Compensation via the Joinder Agreement.
extraordinary special payments, and
(Section 2.1(in))
benefits provided under an employer-
SEE ATTACHED: PLAN CHANGES TO
sponsored benefit program. (Section
DEFINITION OF COMPENSATION
2.1(k))
2.
Eligibility
Defined as an Employee who has
Same definition, but now also provides that
satisfied the eligibility requirements in
a person classified as an independent
the Joinder Agreement. (Section 3.1)
contractor who is later reclassified as an
employee (other than by the Employer) shall
not be eligible to participate. (Section 3.1)
3.
Deductible
If elected in the Joinder Agreement,
Provision removed. Definition amended to
Participant
allowed a Participant (prior to January
further clarify that said contributions were
Contributions
1, 1987) to voluntarily contribute
only allowed prior to January 1, 1987.
certain deductible amounts to the Plan.
(Section 2.1(n))
(Section 4.4)
4.
Catch-Up
Not allowed.
After December 31, 2001, allows eligible
Contributions
employees who are age 50 or older to make
catch-up contributions. (Section 4.8(b))
5.
Accounting
Required the Committee to provide a
Amended to provide minimum reporting
statement of Participant Accounts
requirements. Statement now required at
showing the balances at the beginning
least annually. (Section 5.8)
of the Plan Year, any changes during
the Plan Year, and balances at the end
of the Plan Year. (Section 5.8)
6.
Default
Not specified in the Plan.
If a Participant does not designate an
Investment
Investment Option, or if the Employer does
not allow self-directed investments, specifies
that all Accounts will be invested in the
Balanced Fund or such other Investment
Option designated by Trustee. (Section
5.12)
7.
Withdrawals
No provision(s).
Generally allows for distributions from a
from Rollover
Rollover Account to a Participant, even if
Account
the Participant is still employed. (Section
6.16)
8.
Transfers of
If Participant transferred to another
Transfer no longer treated as termination of
Employment
category with the Employer, and was
employment. No longer allowed a
no longer eligible for participation,
distribution at the time of transfer. (Section
transfer was treated as the termination
9.1(a))
of employment and, if eligible, the
Participant was entitled to a
distribution. (Section 9.1(a))
9.
Abandonment
Allowed the Committee to determine
Amended the section to include additional
of Benefits
that a missing Beneficiary or
provisions, including a provision providing
distributee had forfeited his right to a
that if a lost Participant or Beneficiary later
benefit. (Section 10.4)
becomes known to the Committee, and
makes a claim for benefits, the Committee
will reinstate the previously-forfeited
benefit. (Section 10.4)
10.
Incompetents
No provision(s).
Allows the Committee to make payments
due a person under age or legal disability to
certain other persons. (Section 10.5)
B. Joinder Agreement
Feature
Old Version
Newly-Approved Version
1.
Compensation
No options.
Allows the Employer to exclude certain
items from the definition of
Compensation. (Section 4)
2.
Valuation Period
Allowed the Employer to select the
The Employer is no longer allowed to
valuation date (annual, semi-annual,
select the valuation date.
etc.). (Section 8)
-2-
AN ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 951
AN ORDINANCE AMENDING THE EMPLOYEE RETIREMENT SYSTEM,
DEFINED CONTRIBUTION PLAN FOR THE CITY OF OWASSO,
OKLAHOMA BY ADOPTING A REVISED AND RESTATED RETIREMENT
PLAN; PROVIDING RETIREMENT BENEFITS FOR ELIGIBLE EMPLOYEES
OF THE CITY OF OWASSO, OKLAHOMA; PROVIDING FOR PURPOSE AND
ORGANIZATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR
ELIGIBILITY AND PARTICIPATION; PROVIDING FOR NON-ALIENATION
OF BENEFITS; LOSS OF BENEFITS FOR CAUSE AND LIMITATIONS OF
BENEFITS; PROVIDING FOR EMPLOYER AND EMPLOYEE
CONTRIBUTIONS; PROVIDING FOR ACCOUNTING, ALLOCATION, AND
VALUATION; PROVIDING BENEFITS; PROVIDING FOR REQUIRED
NOTICE; PROVIDING FOR AMENDMENTS AND TERMINATION;
PROVIDING FOR TRANSFER TO AND FROM OTHER PLANS; CREATING A
RETIREMENT COMMITTEE AND PROVIDING FOR POWERS, DUTIES, AND
RIGHTS OF RETIREMENT COMMITTEE; PROVIDING FOR PAYMENT OF
CERTAIN OBLIGATIONS; PROVIDING FOR DURATION AND PAYMENT OF
EXPENSES; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR
VESTING SCHEDULES; PROVIDING FOR A FUND TO FINANCE THE
SYSTEM TO BE POOLED WITH OTHER INCORPORATED CITIES TOWNS
AND THEIR AGENCIES AND INSTRUMENTALITIES FOR PURPOSES OF
ADMINISTRATION, MANAGEMENT, AND INVESTMENTS PART OF THE
OKLAHOMA MUNICIPAL RETIREMENT FUND; PROVIDING FOR
PAYMENT OF ALL CONTRIBUTIONS UNDER THE SYSTEM TO THE
OKLAHOMA MUNICIPAL RETIREMENT FUND FOR MANAGEMENT AND
INVESTMENT; PROVIDING FOR REPEALER AND SEVERABILITY;
ADOPTING THOSE AMENDMENTS MANDATED BY THE INTERNAL
REVENUE CODE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA
THAT TO-WIT:
Section 1. That pursuant to the authority conferred by the laws of the State of Oklahoma, and for the
purpose of encouraging continuity and meritorious service on the part of City employees and thereby
promote public efficiency, there is hereby authorized created, established, and approved and adopted,
effective as of January 1, 2010, the amended and restated Plan designated "Employee Retirement System
of the City of Owasso, Oklahoma, Defined Contribution Plan," (hereinafter called System), an executed
counterpart of which is marked Exhibit "A" (Joinder Agreement) and Exhibit "B" (amended and restated
plan) and attached hereto as part hereof.
Section 2. FUND. A fund is hereby provided for the exclusive use and benefit of the persons entitled to
benefits under the System. All contributions to such fund shall be paid over to and received in trust for
such purpose by the City. Such Fund shall be pooled for purposes of management and investment with
similar funds of other incorporated cities, towns, and municipal trusts in the State of Oklahoma as a part
of the Oklahoma Municipal Retirement Fund in accordance with the trust agreement of the Oklahoma
Municipal Retirement Fund, a public trust. The City shall hold such contributions in the form received,
and from time to time pay over and transfer the same to the Oklahoma Municipal Retirement Fund, as
duly authorized and directed by the Board of Trustees. The Fund shall be non fiscal and shall not be
considered in computing any levy when the annual estimate is made to the County Excise Board.
Section 3. APPROPRIATIONS. The City of Owasso, Oklahoma, is hereby authorized to incur the
necessary expenses for the establishment, operation, and administration of the System, and to appropriate
and pay the same. In addition, the City of Owasso, Oklahoma, is hereby authorized to appropriate
annually such amounts as are required in addition to employee contributions to maintain the System and
the Fund in accordance with the provisions of the Defined Contribution Plan. Any appropriation so made
to maintain the System and Fund shall be for deferred wages or salaries, and for the payment of
necessary expenses of operation and administration to be transferred to the trustees of the Oklahoma
Municipal Retirement Fund for such purposes and shall be paid into the Fund when available, to be duly
transferred to the Oklahoma Municipal Retirement Fund.
Section 4. EXECUTION. The Mayor and City Clerk be and they are each hereby authorized and
directed to execute (in counterparts, each of which shall constitute an original) the System instrument,
and to do all other acts and things necessary, advisable, and proper to put said System and related trust
into full force and effect, and to make such changes therein as may be necessary to qualify the same
under Sections 401(a) and 501(a) of the Internal Revenue Code of the United States. The counterpart
attached hereto as Exhibit "A" and Exhibit "B", which has been duly executed as aforesaid
simultaneously with the passage of this Ordinance and made a part hereof, is hereby ratified and
confirmed in all respects.
This Committee is hereby authorized and directed to proceed immediately on behalf of the City of
Owasso, Oklahoma, to pool and combine the Fund into the Oklahoma Municipal Retirement Fund as a
part thereof, with similar funds of such other cities and towns, for purposes of pooled management and
investment.
Section 5. REPEALER. Any Ordinance inconsistent with the terms and provisions of this Ordinance is
hereby repealed, provided, however, that such repeal shall be only to the extent of such inconsistency and
in all other respects this Ordinance shall be cumulative of other ordinances regulating and governing the
subject matter covered by this Ordinance.
Section 6. SEVERAPILITY. If, regardless of cause, any section, subsection, paragraph, sentence or
clause of this Ordinance, including the System as set forth in Exhibit "A" and Exhibit "B", is held invalid
or to be unconstitutional, the remaining sections, subsections, paragraphs, sentences, or clauses shall
continue in full force and effect and shall be construed thereafter as being the entire provisions of this
Ordinance.
~XlCEN~XX)C
APPROVED this 3`d day of November, 2009.
ATTEST:
Sherry Bishop, City Clerk
City of Owasso, Oklahoma
Stephen Cataudella, Mayor
APPROVED AS TO FORM:
J"-- , a -
Jul' Lombardi, City Attorney
Exhibit A
OKLAHOMA MUNICIPAL RETIREMENT FUND
MASTER DEFINED CONTRIBUTION PLAN
JOINDER AGREEMENT
City of Owasso, a city, town, agency, instrumentality, or public trust located in the State of Oklahoma, with
its principal office at Owasso, Oklahoma, hereby establishes a Defined Contribution Plan to be known as the
City of Owasso Plan (the "Plan") in the form of the Oklahoma Municipal Retirement Fund Master Defined
Contribution Plan.
Except as otherwise provided herein, the definitions in Article II of the Plan apply.
1. Dates.
[ ] This instrument is a new Plan effective
[ X ] This instrument is an amendment, restatement and continuation of the Previous Plan, which
was originally effective July 1, 1992. The effective date of this Joinder Agreement is
January 1, 2010, except as otherwise stated in the Plan and the Joinder Agreement
2. Employee.
The word "Employee" shall mean:
[ X ] Any person, other than a Leased Employee, who, on or after the Effective Date, is
considered to be a regular full-time employee in accordance with the Employer's standard
personnel policies and practices, and is receiving remuneration for such services rendered to
the Employer (including any elected official and any appointed officer or employee of any
department of the Employer, whether governmental or proprietary in nature), including
persons on Authorized Leave of Absence. Employees shall not include independent
contractors. Elected members of the City Council shall not be considered to be Employees
solely by reason of their holding such office.
[ ] Any person, other than a Leased Employee, who, on or after the Effective Date, is
considered to be a regular employee in accordance with the Employer's standard
personnel policies and practices (including part-time, seasonal and temporary
employees), and is receiving remuneration for such services rendered to the Employer
(including any elected official and any appointed officer or employee of any department
of the Employer, whether governmental or proprietary in nature), including persons on
Authorized Leave of Absence. Employees shall not include independent contractors.
Elected members of the City Council shall not be considered to be Employees solely by
reason of their holding such office.
[ ] Any person who, on or after the Effective Date, .
The word "Employee" shall not include:
[ ] Any person who is currently accruing benefits under any other state or local retirement
system.
[ ] Any person who.
3. Entry Date.
Eligible Employees shall commence participation in the Plan: (Select only one)
[ ] _ months (any number of months up to twelve) after the later of the Employee's Employment
Commencement Date or the date the definition of Employee shown above was met.
[ X ] On the Employee's Employment Commencement Date. (If the Employer has opted out of Old
Age and Disability Insurance (OADI), this option must be elected).
4. Definition of Compensation.
Compensation shall exclude the item(s) listed below:
[ ] No exclusions.
[ X ] Overtime pay.
[XI Bonuses.
[ X ] Commissions.
[ X ] Severance pay.
[ X ] Fringe benefits, expense reimbursements, deferred compensation and welfare benefits.
[ ] Other: .
5. Plan Design.
The Employer hereby elects the following Plan design:
[ ] Pick-up Option. Each Employee shall be required to contribute to the Plan of his or her
Compensation. These contributions shall be picked up and assumed by the Employer and
paid to the Fund in lieu of contributions by the Participant. No Participant shall have the
option of receiving the contributed amounts directly as Compensation.
[ X ] Thrift Plan Option.
[ X ] A Participant may elect to contribute to the Plan for each Valuation Period an
amount which is at least 1%, but no more than 2.00% of his Compensation
("Mandatory Contributions"). Mandatory Contributions shall be made by payroll
deductions. A Participant shall authorize such deductions in writing on forms
approved by, and filed with the Committee.
[ X ] The Employer shall contribute to the Fund an amount equal to 50% of the total
Mandatory Contributions contributed by Participants.
The Employer contribution together with amounts forfeited, if any, shall be
allocated in the proportion which the Mandatory Contributions of each such
Participant for such Valuation Period bear to the total Mandatory Contributions
contributed by all such Participants for such Valuation Period.
[ ] The Employer shall not contribute to the Fund a percentage of the total Mandatory
Contributions contributed by Participants.
[ ] Fixed Contribution. The Employer shall contribute to the Fund an amount which when
added to amounts available from Amounts Forfeited in prior periods, if any, shall equal %
of the total covered Compensation of all Participants for the Valuation Period. The
Employer contribution together with amounts available from Amounts Forfeited in prior
periods shall be allocated in the proportion which the Compensation of each such Participant
for such Valuation Period bears to the Compensation paid to all such Participants for such
Valuation Period.
[ ] Variable Funding Option.
[ ] The Employer intends to make a contribution to the Plan for the benefit of the
Participants for each Valuation Period. The contribution may be varied from year to
year by the Employer. (Select one option below)
[ ] Option A: The Employer contribution together with Amounts Forfeited, if
any, shall be allocated in the proportion that each such Participant's total
points awarded bear to the total points awarded to all Participants with
respect to such year. A Participant shall be awarded one point for each
Year of Service.
[ ] Option B: The Employer contribution together with Amounts Forfeited, if
any, shall be allocated in the proportion which the Compensation of each
such Participant for such Valuation Period bears to the Compensation paid
to all such Participants for such Valuation Period.
[ ] Option C: A combination of Options A and B in the following ratios: %
for Option A, and % for Option B.
] 40 1 (k) Funding Option.
(This Option available only if elected prior to May 1, 1986)
[ ] Participant Deferral Elections shall be allowed under the provisions of Section 4.9 of the
Plan. Participants shall be allowed to defer no more than % of their Compensation for each
election period. The election period shall be the one month period preceding each [ ]
Valuation Period [ ] calendar quarter of the Valuation Period.
[ ] Section 4.9(c) of the Plan ("Roth Elective Deferrals") shall apply to contributions after
(enter a date later than January 1, 2006), and the Plan will accept a direct rollover from
another Roth elective deferral account under an applicable retirement plan as described in
Code Section 402A(e)(1).
[ ] No Employer Contribution Option.
Exhibit A - Page 2
6. Other Participant Contribution Options.
[ X ] Voluntary Nondeductible Contributions by Participants shall be allowed under the
provisions of Section 4.5 of the Plan.
[ ] A Participant may not withdraw Voluntary Nondeductible Contributions.
[ ] Participants shall not contribute to the Plan.
7. Self-Directed Investments.
[ X ] Are permitted.
[ ] Are not permitted.
8. Allocation of Forfeitures Available.
[ ] Shall be added to Employer contribution.
[ X ] Shall reduce the Employer contribution.
9. Service for Worker's Compensation Period.
If a Participant is on an Authorized Leave of Absence and is receiving worker's compensation during
such Authorized Leave of Absence, such Participant
[ X ] shall be credited with Service for such period for purposes of vesting only and not for
purposes of allocations of Employer Contributions.
[ ] shall not be credited with Service for such period.
10. Vesting.
For purposes of vesting under Section 6.4 of the Plan, the Employer hereby elects the following Option:
[ ] Option A
[ ] Option B
Vested
Forfeited
Vested
Forfeited
Years of Service
Percentage
Percentage
Years of Service
Percentage
Percentage
less than 1
0%
100%
Less than 3
0%
100%
at least 1 but less than 2
10%
90%
at least 3 but less than 4
20%
80%
at least 2 but less than 3
20%
80%
at least 4 but less than 5
40%
60%
at least 3 but less than 4
30%
70%
at least 5 but less than 6
60%
40%
at least 4 but less than 5
40%
60%
at least 6 but less than 7
80%
20%
at least 5 but less than 6
50%
50%
7 or more
100%
0%
at least 6 but less than 7
60%
40%
at least 7 but less than 8
70%
30%
at least 8 but less than 9
80%
20%
at least 9 but less than 10
90%
10%
10 or more
100%
0%
[ ] Option C
[ X ] Option D
Vested
Forfeited
Vested
Forfeited
Years of Service
Percentage
Percentage
Years of Service
Percentage
Percentage
less than 5
0%
100%
less than 1
0%
100%
at least 5 but less than 6
50%
50%
at least 1 but less than 2
0%
100%
at least 6 but less than 7
60%
40%
at least 2 but less than 3
40%
60%
at least 7 but less than 8
70%
30%
at least 3 but less than 4
60%
40%
at least 8 but less than 9
80%
20%
at least 4 but less than 5
80%
20%
at least 9 but less than 10
90%
10%
5 or more
100%
0%
10 or more
100%
0%
[ ] Option E
To comply with the Internal Revenue Service Regulations promulgated pursuant to the Code Section
3 12 1 (b)(7)(F), Participants who are part-time, seasonal or temporary Employees will have immediate
vesting.
(If this Option E is elected, one of the other Options above must also be elected for Participants who
are not part-time, seasonal or temporary Employees).
Exhibit A - Page 3
11. Participant Loans.
[ X ] Participant loans shall be offered pursuant to Section 6.14 of the Plan.
[ ] Participant loans shall not be offered.
12. The Employer has consulted with and been advised by its attorney concerning the meaning of
the provisions of the Plan and the effect of entry into the Plan.
IN WITNESS WHEREOF City of Owasso has caused its corporate seal to be affixed hereto and this
instrument to be duly executed in its name and behalf by its duly authorized officers this 3rd day of
November 200.9
City of Owasso
Attest:
Title: City Clerk
(SEAL)
By:
Title:. mayor
13. The foregoing Joinder Agreement is hereby approved by the Oklahoma Municipal Retirement Fund
this day of
OKLAHOMA MUNICIPAL RETIREMENT FUND
Attest:
Secretary
(SEAL)
By:
Title:
Exhibit A - Page 4
Exhibit B
OKLAHOMA MUNICIPAL RETIREMENT FUND
MASTER DEFINED CONTRIBUTION PLAN
OKLAHOMA MUNICIPAL RETIREMENT FUND
MASTER DEFINED CONTRIBUTION PLAN
TABLE OF CONTENTS
Page
ARTICLE I. PURPOSE AND ORGANIZATION ...........................................................................1
1.1 Purpose 1
1.2 Parties
ARTICLE II.
DEFINITIONS AND CONSTRUCTION .............................................................II-1
2.1 Definitions
......................................................II-1
(a)
Account
II-1
(b)
Adjustment Factor
II-1
(c)
Amount(s) Forfeited
II-1
(d)
Authorized Agent
II-1
(e)
Authorized Leave of Absence
II-1
(0
Beneficiary
......................................................II-1
(g)
Break in Service
II-1
(h)
Catch-Up Contributions
......................................................II-2
(i)
Catch-Up Contribution Account
II-2
0)
City Council
II-2
(k)
Code
II-2
(1)
Committee
......................................................II-2
(m)
Compensation
II-2
(n)
Deductible Participant Contribution
II-3
(o)
Deferred Compensation Contributions
......................................................II-3
(P)
Effective Date
II-3
(q)
Employer
......................................................II-3
(r)
Employment Commencement Date
......................................................II-3
(s)
Entry Date II-3
(t)
Forfeiture .................................................................................................................II-3
(u)
Fund
.....................................................II-3
(v)
Investment Manager II-3
(w)
Investment Options
II-4
(x)
Joinder Agreement
II-4
(y)
Leased Employee
II-4
(z)
Limitation Year
II-4
(aa)
Loan Account
II-4
(bb)
Mandatory Contributions
II-4
(cc)
Municipality
II-4
(dd)
Municipality Contribution Account
II-4
(ee)
Normal Retirement Date
II-4
(ff)
Oklahoma Municipal Retirement Fund
II-5
(gg)
Participant
.....................................................II-5
(hh)
Participant Contribution Accounts
II-5
(ii)
Participant Deductible Contribution Account
II-5
5.10 Special Valuation Date V-2
ARTICLE VII. NOTICES VII-1
5.11
Maximum Annual Additions V-2
5.12
Investment Options
V-3
ARTICLE VI. BENEFITS
VI-1
6.1
Retirement or Disability
....VI-1
6.2
Deferred Retirement
....VI-1
6.3
Death of a Participant
....VI-1
6.4
Termination for Other Reasons -Vested Percentage ...........................................................VI-1
6.5
Initial Distribution Date ........................................................................................................VI-1
6.6
Determination of Amounts Forfeited ...................................................................................VI-1
6.7
Participant Contribution Accounts .......................................................................................VI-1
6.8
Withdrawals From Participant's Contribution Accounts
VI-1
6.9
Withdrawals from Participant's Mandatory Contribution Account
...VI-2
6.10
Methods of Distribution
...VI-2
6.11
Designation of Beneficiary
...VI-3
6.12
Loss of Benefits for Cause
...VI-3
6.13
Payments Under a Qualified Domestic Relations Order
...VI-3
6.14
Loans to Participants
...VI-5
(a) General:
VI-5
(b) Establishment of Loan Account
...VI-6
(c) Foreclosure of Loan Account
...VI-6
(d) Special Restrictions on Foreclosure
...VI-6
(e) Establishment of Loan Program .......................................................................,.......VI-6
(fl Loan Account ...........................................................................................................VI-7
6.15
Required Minimum Distributions ........................................................................................VI-7
(a) Coordination with Minimum Distribution Requirements Previously in Effect.....
VI-7
(b) Time and Manner of Distribution:
VI-7
(c) Required Minimum Distributions During Participant's Lifetime:
VI-8
(d) Required Minimum Distributions After Participant's Death:
VI-9
(e) Definitions:
VI-10
6.16
Withdrawals from Participant Rollover. Account
VI-10
7.1 Notice to Oklahoma Municipal Retirement Fund V11-1
7.2 Subsequent Notices VII-1
7.3 Copy of Notice VII-1
7.4 Reliance Upon Notice VII-I
ARTICLE VIII. AMENDMENT AND TERMINATION VIII-1
8.1 Termination of Plan ...........................................................................................................VIII-1
8.2 Suspension and Discontinuance of Contributions VIII-1
8.3 Liquidation of Trust Fund VIII-1
8.4 Amendments VIII-1
8.5 Authority of Volume Submitter Practitioner to Amend for Adopting Employers VIII-2
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 eligible Employees of the Employer, as
hereinafter defined, who complete a period of faithful service and become eligible hereunder,
and to qualify the Plan 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 Employer 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
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 Plan by reference.
a forfeiture unless the Participant was covered under a state retirement system or any other
program outside the Oklahoma Municipal Retirement Fund System.
(h) Catch-Up Contributions: A Participant's contributions described in Section
4.8(b) herein.
(i) Catch-Up Contribution Account: The Account maintained for a Participant in
which any Catch-Up Contributions are recorded.
0) City Council: The City Council or Board of Trustees of the Employer or other
duly qualified and acting governing authority of the Employer.
(k) Code: The Internal Revenue Code of 1986, as amended from time to time.
(1) Committee: The City Council of the Municipality, which shall act as the Plan
Administrator of the Plan as provided for under Article X hereof.
(m) Compensation: Compensation means wages for federal income tax withholding
purposes, as defined under Code §3401(a), plus all other payments to an Employee in the course of
the Employer's trade or business, for which the Employer must furnish the Employee a written
statement under Code §§6041, 6051 and 6052, but determined without regard to any rules that
limit the remuneration included in wages based on the nature or location of the employment or
services performed (such as the exception for agricultural labor in Code §3401(a)(2)). The
Employer in its Joinder Agreement may specify modifications to the definition of Compensation,
for purposes of contribution allocations under the Plan. For purposes of determining a
Participant's compensation, any election by such Participant to reduce his regular cash
remuneration under Code Sections 125, 401(k), 414(h), 403(b) or 457 shall be disregarded.
(1) Limitations. Notwithstanding anything herein to the contrary, for Plan
Years commencing after December 31, 1988 and before January 1, 1994, the annual Compensation
of each Participant taken into account under the Plan for any Plan Year shall not exceed $200,000,
as adjusted by the Secretary of the Treasury at the same time and in the same manner as under
Section 415(d) of the Code. In addition to other applicable limitations set forth in the Plan, and
notwithstanding any other provision of the Plan to the contrary, for Plan Years beginning on or
after January 1, 1994, the annual Compensation of each employee taken into account under the
Plan shall not exceed the Omnibus Budget Reconciliation Act of 1993 ("OBRA '93") annual
compensation limit. The OBRA '93 annual compensation limit is $150,000, as adjusted by the
Commissioner for increases in the cost of living in accordance with Section 401(a)(17)(B) of the
Code. The cost-of-living adjustment in effect for a calendar year applies to any period, not
exceeding 12 months, over which compensation is determined (determination period) beginning in
such calendar year. If a determination period consists of fewer than 12 months, the OBRA '93
annual compensation limit will be multiplied by a fraction, the numerator of which is the number
of months in the determination period, and the denominator of which is 12.
The annual compensation of each Participant taken into account in determining
allocations for any Plan Year beginning after December 31, 2001, shall not exceed $200,000, as
adjusted for cost-of-living increases in accordance with Section 401(a)(17)(B) of the Code.
Annual compensation means compensation during the Plan Year or such other consecutive
11-2
(w) Investment Options: Any of those investment options selected by the
Committee in accordance with Section 5.12 hereof.
(x) Joinder Agreement: The agreement by which the Employer adopts this Plan and
Fund as its Plan and Fund.
(y) Leased Employee: Any person (other than an employee of the recipient) who
pursuant to an agreement between the recipient and any other person ("leasing organization") has
performed services for the recipient (or for the recipient and related persons determined in
accordance with Section 414(n)(6) of the Code) on a substantially full time basis for a period of
at least one year, and such services are performed under primary direction or control by the
recipient. Contributions or benefits provided a leased employee by the leasing organization
which are attributable to services performed for the recipient employer shall be treated as
provided by the recipient employer.
A leased employee shall not be considered an employee of the recipient if. (I) such
employee is covered by a money purchase pension plan providing: (1) a nonintegrated employer
contribution rate of at least 10% of compensation, as defined in section 415(c)(3) of the Code, but
including amounts contributed pursuant to a salary reduction agreement which are excludable from
the employee's gross income under section 125, section 402(e)(3), section 402(h)(1)(B) or section
403(b) of the Code, (2) immediate participation, and (3) full and immediate vesting; and (ii) leased
employees do not constitute more than 20% of the recipient's nonhighly compensated work force.
(z) Limitation Year: The twelve (12) consecutive month period ending on June 30th
of each year. If the Limitation Year is amended to a different twelve (12) consecutive month
period, the new Limitation Year must begin on a date within the Limitation Year in which the
amendment is made.
(aa) Loan Account: A Participant's Separate Account established in the event he
desires to make a loan from his applicable Account as provided in Section 6.14 herein.
(bb) 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.
(cc) Municipality: (1) each and every incorporated municipality in the State of
Oklahoma; (2) public trusts having municipalities as a beneficiaries; (3) interlocal cooperatives
created pursuant to 74 Oklahoma Statutes, Sections 1001, et seq., between mtnicipalities 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 the Plan and/or which has
become a participant in the related trust according to the terms herein.
(dd) 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.
(ee) 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.
II-4
(ii) Service for the Employer does not include employment with any
Municipality if that service would not be included under the Municipality's Plan.
(2) Concurrent employment with more than one Municipality shall be credited
as only one period of service.
(3) Any Authorized Leave of Absence shall not be considered as interrupting
continuity of employment, provided the Employee returns within the period of authorized
absence. Until such time as the City Council shall adopt rules to the contrary, credit for Service
with the Employer shall be granted for any period of Authorized Leave of Absence during which
the Employee's full Compensation is continued and contributions to the Fund are continued at
the same rate and made by or for him, but credit for Service with the Employer shall not be
granted for any period of authorized, nonpaid absence due to illness, union leave, military
service, or any other reason, unless arrangements are made with the City Council for the
Employee's continued participation and for contributions to be continued at the same rate and
made by him or on his behalf during such absence. Provided, however, if a Participant is on an
Authorized Leave of Absence and is receiving worker's compensation during such Authorized
Leave of Absence, and if the Employer so elects in the Joinder Agreement, such Participant shall
be credited with Service for such period for purposes of vesting only (and not for purposes of
allocation of Employer Contributions).
(4) 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.
(5) Any reference in this Plan to the number of years of Service of a Participant
shall include fractional portions of a year.
(6) With respect to a Participant who was previously 100% vested in any other
Municipality's qualified retirement plan prior to becoming a Participant in this Plan, such
Participant's "Service" for purposes of determining years of service for vesting under this Plan
shall include the Participant's last continuous period during which the Participant was an employee
of the other Municipality.
(qq) Pick-Up Contributions: The Employer's contributions described in Section 4.7
hereof and credited to his Pick-Up Contribution Account.
(rr) Pick-Up Contributions Account: The account maintained for a Participant in
which his share of Pick-Up Contributions are recorded.
(ss) Plan: The Oklahoma Municipal Retirement Fund Master Defined Contribution
Plan set forth herein, and all subsequent amendments.
(n) Plan Administrator: The persons who administer the Plan pursuant to the
provisions of Article X hereof.
II-6
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. Any
person who has been classified by the Employer as an independent contractor and has had his
compensation reported to the Internal Revenue Service on Form 1099 but who has been
reclassified as an "employee" (other than by the Employer) shall not be considered as an eligible
Employee who can participate under this Plan; provided, if the Employer does reclassify such
worker as an "Employee," for purposes of this Plan, such reclassification shall only be
prospective from the date that the Employee is notified by the Employer of such reclassification.
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 Re-employment of Former Participants: Subject to Section 3.4, if a Participant incurs
a Break in Service and is subsequently re-employed by the Employer, the Participant shall not
receive any credit for his previous Period of Service with the Employer and such Participant
shall be treated in the same manner as a person who has not previously been employed by any
Municipality.
3.4 Re-employment of Retired or Fully Vested Participants: If a retired or fully vested
Participant is re-employed by the Employer, no distributions shall be made from the Plan during
the period of such re-employment. Periods of Service prior to such Participant's retirement or
termination of service, as applicable, shall count as Periods of Service for purposes of
determining such Participant's vested interest in his Municipality Contribution Account.
III-]
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 Participant Contribution, or a Voluntary Nondeductible Contribution.
4.6 Participant Contributions Nonforfeitable: Each Participant 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.
4.7 Pickup Contributions: If the Employer elects in the Joinder Agreement, all
Participants shall be required as a condition of employment to make the contributions specified
in the Joinder Agreement. These contributions 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 contributions shall be excluded from the
Participant's gross income for federal income tax purposes and from wages for purposes of
withholding 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 Compensation. Contributions made by the Employer under this election shall be designated
as Participant contributions for purposes of vesting, determining Participant rights and
Participant Compensation. [In order for the Employer to have reliance on whether the Pick-Up
Contributions comply with Section 414(h)(2) of the Code, the Employer must obtain a private
letter ruling from the Internal Revenue Service.)
4.8 Deferred Compensation Contributions: If the Employer elects in the Joinder
Agreement and if such Employer adopted a cash or deferred feature before May 7, 1986, the
following provisions shall apply:
(a) Deferred Compensation Contributions Under Code Section 401(k): A
Participant, by written notice to the Plan Administrator during the time period set forth in the
Joinder Agreement, may elect to make a Deferred Compensation Contribution to the Plan rather
than receive Compensation to which the Participant would otherwise be entitled during the
period immediately following such election.
Subject to the limitations of this Section 4.8 and Section 5.11, a Participant's Deferred
Compensation Contribution may be any whole percentage of his Compensation, but in no case
shall a Participant's Deferred Compensation Contribution election exceed the percentage set forth
in the Joinder Agreement. Such election shall be binding until the Participant, by written notice to
the Plan Administrator, modifies or discontinues his Deferred Compensation Contribution. Such
modification or discontinuance shall be effective at the beginning of the Plan Year immediately
following the Plan Administrator's receipt of the Participant's written notice of modification or
discontinuance.
Employer contributions made pursuant to this Section 4.8 shall be credited to the
Participant's Participant 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.
IV-2
(3) Gains, losses, and other credits or charges must be separately
allocated on a reasonable and consistent basis to each Participant's Roth elective deferral account
and the Participant's other accounts under the Plan.
(4) No contributions other than Roth elective deferrals and properly
attributable earnings will be credited to each Participant's Roth elective deferral account.
(iii) Direct Rollovers.
(1) Notwithstanding Section 9.5, a direct rollover of a distribution
from a Roth elective deferral account under the Plan will only be made to another Roth elective
deferral account under an applicable retirement plan described in § 402A(e)(1) or to a Roth IRA
described in Code Section 408A, and only to the extent the rollover is permitted under the rules
of Code Section 402(c).
(2) Notwithstanding Section 9.5, if elected by the Employer in the
Joinder Agreement, the Plan will accept a rollover contribution to a Roth elective deferral
account only if it is a direct rollover from another Roth elective deferral account under an
applicable retirement plan described in Code Section 402A(e)(1) and only to the extent the
rollover is permitted under the rules of Code Section 402(c).
(3) The Plan will not provide for a direct rollover (including an
automatic rollover) for distributions from a Participant's Roth elective deferral account if the
amount of the distributions that are eligible rollover distributions are reasonably expected to total
less than $200 during a year. In addition, any distribution from a Participant's Roth elective
deferral account is not taken into account in determining whether distributions from a
Participant's other accounts are reasonably expected to total less than $200 during a year.
However, eligible rollover distributions from a Participant's Roth elective deferral account are
taken into account in determining whether the total amount of the Participant's account balances
under the Plan exceeds $1,000 for purposes of mandatory distributions from the plan.
(iv) Definition.
(1) Roth Elective Deferrals. A Roth elective deferral is an elective
deferral that is:
a. Designated irrevocably by the Participant at the time of the
cash or deferred election as a Roth elective deferral that is being made in lieu of
all or a portion of the pre-tax elective deferrals the Participant is otherwise
eligible to make under the plan; and
b. Treated by the Employer as includible in the Participant's
income at the time the Participant would have received that amount in cash if the
Participant had not made a cash or deferred election.
IV-4
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 Contribution Account, Participant Deductible Contribution Account, Catch-Up
Contribution Account or Participant Deferred Compensation Contribution Account as deposited
with the Trustee.
5.8 Accounting for Statement of Account: As soon as is administratively feasible, the
Committee shall present to each Participant a statement of such Participant's Accounts, at least
annually, showing the balances at the beginning of the reported period, any changes during the
reported period, the balances at the end of the reported period, and such other information as the
Committee may determine. However, 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 Annual Additions: This Section shall be effective as of the first day of the
first Plan Year beginning after December 31, 2001 unless otherwise stated. Except to the extent
permitted under Section 4.8(b) of this Plan and Section 414(v) of the Code, if applicable, the
Annual Addition that may be contributed or allocated to a Participant's Account under the Plan
for any limitation year shall not exceed the lesser of:
(a) $40,000, as adjusted for increases in the cost-of-living under Section 415(d) of the
Code, or
(b) 100% of the Participant's Compensation, within the meaning of Section 2.1(m) of
the Plan and Section 415(c)(3) of the Code, for the limitation year.
The compensation limit referred to in (b) shall not apply to any contribution for medical benefits
after separation from service (within the meaning of Section 401(h) or Section 419A(f)(2) of the
Code) which is otherwise treated as an annual addition.
When such Annual Additions, if made, would exceed the limitation, and such excess annual
additions were the result from contributions based on estimated annual compensation, the
allocation of forfeitures, or a reasonable error in determining the amount of elective deferrals
V-?
ARTICLE VI.
Benefits
6.1 Retirement or Disability: If a Participant's employment with the Employer 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 Contribution 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.
6.3 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 and Participant
Contribution Accounts 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 other than
Total and Permanent Disability or death, except as provided in Section 6.12 hereof, he 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 termination 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 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 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 periodic 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 6.4 or if
the Participant incurs a Break in Service, the forfeited percentage of a Participant's Municipality
Contribution Account, if any, shall be deducted from the Participant's Account. Such Amounts
Forfeited shall become available for allocation in accordance with Item 8 of the Joinder
Agreement as of the end of the calendar quarter following the Valuation Period in which the
terminated Participant forfeited such amounts.
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 Distribution Date. Such distributions
shall be made in accordance with Section 6.10 and Section 6.8.
6.8 Withdrawals From Participant's Contribution Accounts: In accordance with the
provisions hereof, a Participant may withdraw all or any part of his Participant Contribution
VI-1
(c) an installment distribution consisting of approximately equal installments for a term
not extending beyond the joint life expectancy (as calculated in accordance with Income Tax
Regulation section 1.72-9) on the Initial Distribution Date of the Participant and his spouse; or
(d) periodic distributions as designated by the Participant or Beneficiary.
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 and 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.
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 Participant designates more than one Beneficiary, each shall share equally
unless the Participant specifies a different allocation. The designation 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 misappropriation 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 Accounts and Participant 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 Plan, 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.
6.13 Payments Under a Qualified Domestic Relations Order:
(a) The Municipality shall follow the terms of any "Qualified Domestic Relations
Order" as defined in Subsection (b) below issued with respect to a Participant where such
Qualified Domestic Relations Order grants to an "Alternate Payee"' rights in the benefit of the
Participant.
VI-
certified order issued by the Court that originally issued said Qualified Domestic Relations Order
declaring the remarriage of said Alternate Payee.
(i) This Section of the Plan shall not be subject to the provisions of the Employee
Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A. Section 1001, et seq., as amended
from time to time, or rules and regulations promulgated thereunder, and court cases interpreting
said Act.
(j) The Board of Trustees of the Oklahoma Municipal Retirement Fund shall
promulgate such rules as are necessary to implement the provisions of this Section.
(k) An Alternate Payee who has acquired beneficiary rights pursuant to a valid
Qualified Domestic Relations Order must fully comply with all provisions of the rules promulgated
by the Trustees pursuant to this Section in order to continue receiving his or her benefits.
(1) Nothing in this Section shall grant a spouse or former spouse of a Participant any
property rights in the benefits of any Participant except as specifically authorized for Qualified
Domestic Relations Orders, and no spousal consent shall be required for a Participant to elect or
change elections pertaining to a benefit payable under this Plan.
6.14 Loans to Participants:
(a) General: The Committee, in its sole discretion, may direct Trustees to make
loans to Participants upon the written direction and application of the Participant who desires to
effect such loan, up to 50% of the vested balance of a Participant's Accounts. All such loans (i)
shall not be made available to Highly Compensated Employees (as defined in Section 414(q) of
the Code) in an amount greater than the amount made available to other Employees, (ii) shall be
available to all Participants on a nondiscriminatory basis, (iii) shall be made available in an
amount equal to the lesser of 50% of the borrowing Participant's vested Benefit in his Account
or $50,000, (iv) shall bear a reasonable rate of interest which will be established by the
Committee, (v) shall be secured by the borrowing Participant's Benefit account balance
attributable to his Account, (vi) shall be amortized and repaid in level payments of principal and
interest made not less frequently than monthly over the term of the loan, (vii) shall be repaid by
payroll reduction while the Participant is employed; (viii) shall accelerate and be due in full on
the date a Participant terminates employment with the Employer; (ix) shall not be less than
$1,000 in amount each; and (x) shall be made upon such other reasonable terms which the
Committee shall designate, such terms being applied in a nondiscriminatory fashion; provided, in
no event shall any loan have a term in excess of five years. There shall not be more than one
loan outstanding at any time with respect to a Participant. No Participant who has borrowed
from the Plan may make another loan until the previous loan has been fully repaid. Outstanding
loans are not subject to refinancing by a new loan. Upon direction by the Committee, and
subject to Subsection (c) below, the Trustees may foreclose upon such Participant's interest in
his Account in the event of default. A loan to a Participant, when added to the outstanding
balance of all other loans to the Participant from the Plan and other plans sponsored by the
Employer, cannot exceed $50,000; reduced by the excess of the highest outstanding balance of
loans from the Plan (and all other plans sponsored by the Employer) during the one-year period
ending on the day before the date the loan is made over the outstanding balance of the loans from
VI-5
(f) Loan Account: The words "Loan Account" shall mean a Participant's separate
Account established in the event he desires to make a loan from his applicable Account as
provided in this Section 6.14.
6.15 Required Minimum Distributions: The provisions of this Section 6.15 will apply for
purposes of determining Required Minimum Distributions for distribution calendar years
beginning with the 2003 calendar year, as well as Required Minimum Distributions for the 2002
Distribution Calendar Years that are made on or after August 1, 2002. The requirements of this
Section will take precedence over any inconsistent provisions of the Plan. All distributions
required under this Section will be determined and made in accordance with the Treasury
regulations under Section 401(a)(9) of the Internal Revenue Code. Notwithstanding the other
provisions of this Section, distributions may be made under a designation made before January 1,
1984, in accordance with Section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act
(TEFRA) and the provisions of the Plan that relate to Section 242(b)(2) of TEFRA.
(a) Coordination with Minimum Distribution Requirements Previously in
Effect: If this Section specifies an effective date that is earlier than calendar years beginning
with the 2003 calendar year, Required Minimum Distributions for 2002 under this Section will
be determined as follows. If the total amount of 2002 Required Minimum Distributions under
the Plan made to the distributee prior to the effective date of this Section equals or exceeds the
Required Minimum Distributions determined under this Section, then no additional distributions
will be required to be made for 2002 on or after such date to the distributee. If the total amount
of 2002 Required Minimum Distributions under the Plan made to the distributee prior to the
effective date of this Section is less than the amount determined under this Section, then
Required Minimum Distributions for 2002 on and after such date will be determined so that the
total amount of Required Minimum Distributions for 2002 made to the distributee will be the
amount determined under this Section.
(b) Time and Manner of Distribution:
(i) Required Beginning Date. The Participant's entire interest will be
distributed, or begin to be distributed, to the Participant no later than the Participant's Required
Beginning Date. For purposes of this Section, the "Required Beginning Date" of a Participant is
the April 1 of the calendar year following the calendar year in which the Participant attains age
70%2 or retires.
(ii) Death of Participant Before Distributions Bel4in. If the Participant dies
before distributions begin, the Participant's entire interest will be distributed, or begin to be
distributed, no later than as follows:
(1) If the Participant's surviving spouse is the Participant's sole
designated Beneficiary, then, distributions to the surviving spouse will begin by December 31 of
the calendar year immediately following the calendar year in which the Participant died, or by
December 31 of the calendar year in which the Participant would have attained age 701/2, if later.
VI-7
(ii) Lifetime Required Minimum Distributions Continue Throuah Year of
Participant's Death. Required minimum distributions will be determined under this Subsection
(c) beginning with the first distribution calendar year and up to and including the distribution
calendar year that includes the Participant's date of death.
(d) Required Minimum Distributions After Participant's Death:
(i) Death On or After Date Distributions Begin.
(1) Participant Survived by Designated Beneficiary. If the
Participant dies on or after the date distributions begin and there is a designated Beneficiary, the
minimum amount that will be distributed for each distribution calendar year after the year of the
Participant's death is the quotient obtained by dividing the Participant's Account balance by the
longer of the remaining life expectancy of the Participant or the remaining life expectancy of the
Participant's designated Beneficiary, determined as follows:
a. The Participant's remaining life expectancy is calculated
using the age of the Participant in the year of death, reduced by one for each subsequent year.
b. If the Participant's surviving spouse is the Participant's sole
designated Beneficiary, the remaining life expectancy of the surviving spouse is calculated for
each distribution calendar year after the year of the Participant's death using the surviving
spouse's age as of the spouse's birthday in that year. For distribution calendar years after the
year of the surviving spouse's death, the remaining life expectancy of the surviving spouse is
calculated using the age of the surviving spouse as of the spouse's birthday in the calendar year
of the spouse's death, reduced by one for each subsequent calendar year.
C. If the Participant's surviving spouse is not the Participant's
sole designated Beneficiary, the designated Beneficiary's remaining life expectancy is calculated
using the age of the Beneficiary in the year following the year of the Participant's death, reduced
by one for each subsequent year.
(2) No Designated Beneficiary. If the Participant dies on or after the
date distributions begin and there is no designated Beneficiary as of September 30 of the year
after the year of the Participant's death, the minimum amount that will be distributed for each
distribution calendar year after the year of the Participant's death is the quotient obtained by
dividing the Participant's Account balance by the Participant's remaining life expectancy
calculated using the age of the Participant in the year of death, reduced by one for each
subsequent year.
(ii) Death Before Date Distributions Begin.
(1) Participant Survived by Desianated Beneficiary. If the
Participant dies before the date distributions begin and there is a designated Beneficiary, the
minimum amount that wTill be distributed for each distribution calendar year after the year of the
Participant's death is the quotient obtained by dividing the Participant's Account balance by the
remaining life expectancy of the Participant's designated Beneficiary, determined as provided in
Subsection (i).
VI-9
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.
7.4 Reliance Upon Notice: Upon receipt of any notice as provided in this Article VII, 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.
However, 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.
Vll-1
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.
8.5 Authority of Volume Submitter Practitioner to Amend for Adopting Employers:
The effective date of this Section is the date of the IRS advisory letter. The Volume Submitter
Practitioner (the "Practitioner") will amend the Plan on behalf of all adopting employers,
including those employers who have adopted the Plan prior to this amended and restated Plan,
for changes in the Code, regulations, revenue rulings, other statements published by the Internal
Revenue Service, including model, sample or other required good faith amendments, but only if
their adoption will not cause the Plan to be individually designed, and for corrections of prior
approved plans. These amendments will be applied to all employers who have adopted the Plan.
The Practitioner will no longer have the authority to amend the plan on behalf of any adopting
employer as of either: (1) the date the Internal Revenue Service requires the employer to file
Form 5300 as an individually designed plan as a result of an employer amendment to the Plan to
incorporate a type of plan not allowable in the Volume Submitter program, as described in Rev.
Proc. 2005-16, or (2) as of the date the Plan is otherwise considered an individually designed
plan due to the nature and extent of the amendments. If the Employer is required to obtain a
determination letter for any reason in order to maintain reliance on the advisory letter, the
Practitioner's authority to amend the Plan on behalf of the adopting employer is conditioned on
the Plan receiving a favorable determination letter.
The Practitioner will maintain, or have maintained on its behalf, a record of the employers that
have adopted the Plan, and the Practitioner will make reasonable and diligent efforts to ensure
that adopting employers have actually received and are aware of all Plan amendments and that
.such employers adopt new documents when necessary. This Section supersedes other provisions
of the Plan to the extent those other provisions are inconsistent with this Section.
VIII-2
determining years of service for vesting under this Plan shall include the Participant's last
continuous period during which the Participant was an employee of the other Municipality.
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 Service Provider and the 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
receipt of such assets and instructions the Oklahoma Municipal Retirement Fund shall thereafter
proceed in accordance with the provisions of the Fund.
9.5 Rollover Contributions: A Participant who is or was entitled to receive an eligible
rollover distribution, as defined in Code Section 402(c)(4) and Treasury Regulations issued
thereunder, from a qualified plan described in Section 401(a) or 403(a) of the Code (including
after-tax employee contributions), an annuity contract described in Section 403(b) of the Code
(including after-tax employee contributions, or an eligible plan under Section 457(b) of the Code
which is maintained by a state, political subdivision of a state, or any agency or instrumentality
of a state or political subdivision of a state, or an individual retirement account may elect to
contribute all or any portion of such distribution to the Trust directly from such qualified plan,
annuity contract or eligible plan, or within 60 days of receipt of such distribution to the
Participant. Rollover Contributions shall only be made in the form of cash, or, if and to the
extent permitted by the Employer with the consent of the Trustee, promissory notes evidencing a
plan loan to the Participant; provided, however, that Rollover Contributions shall only be
permitted in the form of promissory notes if the Plan otherwise provides for loans.
The Committee shall develop such procedures and require such information from
Participants as it deems necessary to ensure that amounts contributed under this Section 9.5 meet
the requirements for tax-deferred rollovers established by this Section 9.5 and by Code Section
402(c). No Rollover Contributions may be made to the Plan until approved by the Committee.
If a Rollover Contribution made under this Section 9.5 is later determined by the
Administrator not to have met the requirements of this Section 9.5 or of the Code or Treasury
regulations, then, within a reasonable time after such determination is made, the amounts then
held in the Trust attributable to such Rollover Contribution shall be distributed to the Employee.
A Participant's Rollover Contributions Account shall be subject to the terms of the Plan
except as otherwise provided in this Section 9.5.
1X-2
account or individual retirement annuity. With respect to distributions made after December 31,
2001, an eligible retirement plan shall also mean an annuity contract described in Section 403(b)
of the Code and an eligible plan under Section 457(b) of the Code which is maintained by a state,
political subdivision of a state, or any agency or instrumentality of a state or political subdivision
of a state and which agrees to separately account for amounts transferred into such plan from this
Plan. The definition of eligible retirement plan shall also apply in the case of a distribution to a
surviving spouse, or to a spouse or former spouse who is the alternate payee under a qualified
domestic relation order, as defined in Section 414(p) of the Code.
(iii) "Distributee": A "Distributee" includes a Participant or former
Participant. In addition, the Participant's spouse or former Participant's surviving spouse and the
Participant's or former Participant's spouse or former spouse who is the alternate payee under a
qualified domestic relations order, as defined in Section 414(p) of the Code, are distributees with
regard to the interest of the spouse or former spouse.
(iv) "Direct Rollover": A "Direct Rollover" is a payment by the Plan directly
to the Eligible Retirement Plan specified by the Distributee.
9.8 Requirements for Rollover by Individuals: An Employee (whether or not a Participant
under this Plan), who, as a result of a termination of another plan qualified under Section 401(a)
of the Code, a termination of employment, disability or attainment of age 59'/2 years, has had
distributed to him his entire interest in a plan which meets the requirements of Section 401(a) of
the Code (hereinafter referred to as the "Other Plan") may, in accordance with procedures
approved by the Committee, transfer all or any part of the distribution received from the Other
Plan to the Trustees under this Plan, provided the following conditions are met:
(a) the transfer occurs on or before the 60th day following his receipt of the
distribution from the Other Plan, or, if such distribution had previously been deposited in an
individual retirement account (as defined in Section 408 of the Code), the transfer occurs on or
before the 60th day following his receipt of such distribution, plus earnings thereon from such
individual retirement account;
(b) the distribution from the Other Plan qualifies as a lump sum distribution within
the meaning of Subsection 402(e)(4)(A) of the Code or is a result of a termination of another
plan qualified under Section 401(a) of the Code; and
(c) the amount transferred shall not exceed the distribution he received from the
Other Plan, less the amount, if any, considered contributed by him in accordance with Subsection
402(e)(4)(D)(i) of the Code, plus earnings thereon during the period, if any, in which the amount
was held in an individual retirement account.
9.9 Transfers From Another Qualified Plan:
(a) With respect to an Employee (whether or not a Participant under this Plan), who
has an undistributed account balance in another plan which meets the requirements of Section
401(a) of the Code (hereinafter referred to as the "Other Plan"), the Committee may, in its sole
discretion, approve a direct transfer of such account balance from the Other Plan to the Trustees
under this Plan.
IX-4
ARTICLE X.
Administration
10.1 Administration: The Plan shall be administered by the 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 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 inciirred by the Committee in the administration of this Fund and Plan shall
be paid by the Employer.
(a) Committee: The 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 of other
Municipalities. Such powers shall include but not be limited to the following powers and duties:
(1) to delegate to, specify, direct, and supervise the performance of duties of
the Authorized Agent, as the agent of the Employer and Committee in matters relating to the
Plan, the Fund, and the Oklahoma Municipal Retirement Fund, including but not limited to, the
duties set forth below in Subsection 10.1(b) and including any duties of the Employer under the
Plan, or as set forth in this Subsection 10.1(a);
(2) 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 Fund;
(3) to construe and interpret the Plan and resolve any ambiguities with respect
to any of the terms and provisions thereof as written and as applied to the operation of the Plan;
(4) to decide all questions of eligibility and determine the amount, manner and
time of payment of any benefits hereunder;
(5) to prescribe procedures to be followed by Participants in filing
applications for benefits;
(b) 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;
(7) to receive from the Employer, the Trustees, the Trust Service Provider and
the Authorized Agent, such information as shall be necessary for the proper administration of the
Plan;
(8) to prepare and distribute, in such manner as it determines to be
appropriate, information explaining the Plan;
(9) to furnish the Employer, upon request, such annual reports with respect to
the administration of the Plan as are reasonable and appropriate;
X-1
regulations and decisions shall be uniformly and consistently applied to all Employees in similar
circumstances.
Any such rule or decision which is not inconsistent with the provisions of the Plan shall
be conclusive and binding upon all persons affected by it and there shall be no appeal from any
ruling by the Committee which is within its authority.
When making a determination or calculation, the Committee shall be entitled to rely upon
information furnished by the Trustees, the Trust Service Provider, the Employer, the Authorized
Agent, the legal counsel of the Employer, or the actuary for the Plan.
(b) Authorized Agent: An Authorized Agent shall be designated in writing by the
Committee and shall act as the agent of the Employer (but not the agent of the Trustees or the
Trust Service Provider of the Oklahoma Municipal Retirement Fund) in matters pertaining to the
Plan, 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 Committee. The Authorized Agent, under the control and direction of the Committee, shall
have such general duties as the Employer and the Committee may deem necessary and proper for
such purposes, which duties shall include but not be limited to, the following:
(1) to coordinate the deduction of Participant contributions and to see that
Employer and Participant contributions are properly received and forwarded promptly to the
Oklahoma Municipal Retirement Fund for management and investment;
(2) to forward any communications directed to Participants and beneficiaries
by the Trustees, the Trust Service Provider or the Oklahoma Municipal Retirement Fund;
(3) to lend assistance to Participants and beneficiaries in filing applications for
benefits, and in communicating with the Employer, the Committee and the Trustees or the Trust
Service Provider of the Oklahoma Municipal Retirement Fund and to forward such
communications to the addressees;
(4) to assist the Committee in determining whether or not Employees are
eligible for participation in the Plan;
(5) to certify at the direction of the Committee that a Participant is on an
authorized leave of absence, paid or unpaid; and
(6) to file at the direction of the Committee a petition or nomination, and cast
a ballot for election of Trustees of the Oklahoma Municipal Retirement Fund.
(c) Plan Counselor: The Committee of the Employer shall appoint the legal advisor
of the Employer and the Committee, and such legal advisor 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 Plan and Fund, shall be required of any persons or organizations unless required by law, or
X-3
Committee shall not be required to see to the application of any such payment, and the payee's
receipt shall be a full and final discharge of all responsibility hereunder of the Employer, the
Committee and the Trustees.
X-5
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 Retirement 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. In addition, the Plan or Trustees
shall be authorized to charge to a Participant's Account any direct expenses it incurs in
connection with such Account, which shall include by example, and not by limitation, expenses
resulting from a Participant's QDRO, bankruptcy or default on a Plan loan, and expenses
incurred in attempting to locate a Participant. Trustees shall have the power under this Section in
their sole discretion to determine the items and amounts thereof which should equitably and
reasonably be charged to a particular Account. If such charges exceed the balance in a
Participant's Accounts, the excess shall be charged to the general Trust 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.
11.11 Mistake of Fact: All contributions to the Plan are made subject to the correctness of the
amount. 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 Oklahoma 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 Municipality
Contribution Accounts to less than the balance which would have been credited thereto had such
amount not been contributed.
XI-2
ADDENDUM PLUMBER ONE TO
OKLAHOMA MUNICIPAL RETIREMENT FUND
MASTER DEFINED CONTRIBUTION PLAN
AMENDMENT FOR THE FINAL CODE SECTION 415 REGULATIONS
ARTICLE I.
PREAMBLE
1.1 Effective date of Amendment. This Amendment is adopted to reflect certain provisions of the final Code
Section Regulations. This Amendment is effective for limitation years and plan years that begin more than 90 days after
the close of the first regular legislative session of the legislative body with authority to amend the Plan that begins on or
after July 1, 2007, except as otherwise provided herein.
1.2 Superseding of inconsistent provisions. This Amendment supersedes the provisions of the Plan to the extent
those provisions are inconsistent with the provisions of this Amendment.
1.3 Construction. Except as otherwise provided in this Amendment, any reference to "Section" in this Amendment
refers only to sections within this Amendment, and is not a reference to the Plan. The Article and Section numbering in
this Amendment is solely for purposes of this Amendment, and does not relate to any Plan article, section or other
numbering designations.
1.4 Effect of restatement of Plan. If the Employer restates the Plan, then this Amendment shall remain in effect
after such restatement unless the provisions in this Amendment are restated or otherwise become obsolete (e.g., if the
Plan is restated onto a plan document which incorporates the final Code §415 Regulation provisions).
ARTICLE II.
FINAL SECTION 415 REGULATIONS
2.1 Effective date. The provisions of this Article II shall apply to limitation years that begin more than 90 days after
the close of the first regular legislative session of the legislative body with authority to amend the Plan that begins on and
after July 1, 2007.
2.2 Actual Compensation paid after severance from employment. Actual Compensation shall be adjusted, as set
forth herein, for the following types of compensation paid after a Participant's severance from employment with the
Employer maintaining the Plan (or any other entity that is treated as the Employer pursuant to Code § 414(b), (c), (m) or
(o)). However, amounts described in subsections (a) and (b) below may only be included in Actual Compensation to the
extent such amounts are paid by the later of 2'/z months after severance from employment or by the end of the limitation
year that includes the date of such severance from employment. Any other payment of compensation paid after severance
of employment that is not described in the following types of compensation is not considered Actual Compensation
within the meaning of Code § 415(c)(3), even if payment is made within the time period specified above.
(a) Regular pay. Actual Compensation shall include regular pay after severance of employment if.
(1) The payment is regular compensation for services during the participant's regular working
hours, or compensation for services outside the participant's regular working hours (such as overtime
or shift differential), commissions, bonuses, or other similar payments; and
(2) The payment would have been paid to the participant prior to a severance from employment
if the participant had continued in employment with the Employer.
(b) Leave cashouts and deferred compensation. Leave cashouts shall not be included in Actual
Compensation. Further, deferred compensation shall not be included in Actual Compensation.
2.7 Excess Annual Additions. Notwithstanding any provision of the Plan to the contrary, if the annual additions
(within the meaning of Code § 415) are exceeded for any participant, then the Plan may only correct such excess in
accordance with the Employee Plans Compliance Resolution System (EPCRS) as set forth in Revenue Procedure 2006-
27 or any superseding guidance, including, but not limited to, the preamble of the final § 415 regulations.
2.8 Aggregation and Disaggregation of Plans.
(a) For purposes of applying the limitations of Code § 415, all defined contribution plans (without regard
to whether a plan has been terminated) ever maintained by the Employer (or a "predecessor
Employer") under which the participant receives annual additions are treated as one defined
contribution plan. The "Employer" means the Employer that adopts this Plan and all members of a
controlled group or an affiliated service group that includes the Employer (within the meaning of Code
414(b), (c), (m) or (o)), except that for purposes of this Section, the determination shall be made by
applying Code § 415(h), and shall take into account tax-exempt organizations under Regulation
Section 1.414(c)-5, as modified by Regulation Section 1.415(a)-I(f)(1). For purposes of this Section:
(1) A former employer is a "predecessor employer" with respect to a participant in a
plan maintained by an employer if the employer maintains a plan under which the participant
had accrued a benefit while performing services for the former employer, but only if that
benefit is provided under the plan maintained by the employer. For this purpose, the formerly
affiliated plan rules in Regulation Section 1.415(f)-1(b)(2) apply as if the employer and
predecessor employer constituted a single employer under the rules described in Regulation
Section 1.415(a)-1(f)(1) and (2) immediately prior to the cessation of affiliation (and as if they
constituted two, unrelated employers under the rules described in Regulation Section
1.415(a)-1(f)(1) and (2) immediately after the cessation of affiliation) and cessation of
affiliation was the event that gives rise to the predecessor Employer relationship, such as a
transfer of benefits or plan sponsorship.
(2) With respect to an employer of a participant, a former entity that antedates the
employer is a "predecessor Employer" with respect to the participant if, under the facts and
circumstances, the Employer constitutes a continuation of all or a portion of the trade or
business of the former entity.
(b) Break-up of an affiliate employer or an affiliated service group. For purposes of aggregating
plans for Code § 415, a "formerly affiliated plan" of an employer is taken into account for purposes of
applying the Code § 415 limitations to the employer, but the formerly affiliated plan is treated as if it
had terminated immediately prior to the "cessation of affiliation." For purposes of this paragraph, a
"formerly affiliated plan" of an employer is a plan that, immediately prior to the cessation of affiliation,
was actually maintained by one or more of the entities that constitute the employer (as determined
under the employer affiliation rules described in Regulation Section 1.415(a)-1(f)(1) and (2)), and
immediately after the cessation of affiliation, is not actually maintained by any of the entities that
constitute the employer (as determined under the,employer affiliation rules described in Regulation
Section 1.415(a)-I(f)(1) and (2)). For purposes of this paragraph, a "cessation of affiliation" means the
event that causes an entity to no longer be aggregated with one or more other entities as a single
employer under the employer affiliation rules described in Regulation Section 1.415(a)-1(f)(1) and (2)
(such as the sale of a subsidiary outside a controlled group), or that causes a plan to not actually be
maintained by any of the entities that constitute the employer under the employer affiliation rules of
Regulation Section 1.415(a)-I(f)(1) and (2) (such as a transfer of plan sponsorship outside of a
controlled group).
(c) Midyear Aggregation. Two or more defined contribution plans that are not required to be
aggregated pursuant to Code § 415(f) and the Regulations thereunder as of the first day of a limitation
year do not fail to satisfy the requirements of Code § 415 with respect to a participant for the limitation
year merely because they are aggregated later in that limitation year, provided that no annual additions
are credited to the participant's account after the date on which the plans are required to be
aggregated.
DC 415 Addendum NI
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: LARISSA DARNABY
CITY PLANNER
SUBJECT: ORDINANCE 948, PROPOSED RIGHT-O&WAY CLOSURE -
SE CORNER OF EAST 96TH STREET NORTH AND NORTH 129TH EAST
AVENUE
DATE: OCTOBER 29, 2009
LOCATION:
Ordinance No. 948 is a proposed ordinance that would close an erroneous right-of-way dedication
transferred to the City of Owasso in 2003. The subject right-of-way is located at the southeast
corner of East 96th Street North and North 129th East Avenue. It lies adjacent to the northern
undeveloped portion of the corner owned by the Owasso First Assembly of God Church.
ANALYSIS:
The property at the southeast corner of the intersection is in the process of being sold, and the
purchasers are planning for the development of a commercial shopping use related to a retail sales
facility. The property is designated Commercial by the Owasso Comprehensive Plan and is currently
zoned Commercial Shopping (CS), allowing the proposed use by right.
The subject right-of-way was dedicated to the City of Owasso by the Owasso First Assembly of God
Church to accommodate the expansion of the street intersection in 2003. However, the legal
descriptions included in the dedication were erroneous. Therefore, the purchasers have requested
that the right-of-way be corrected so the issue does not cause a title complication for the property.
Following consultations with the City Attorney, and the representatives for the potential property
buyers, the staff has determined that the appropriate resolution is to approve an ordinance closing the
erroneous right-of-way. In addition, a corrective deed is being prepared so that the City can retain
the right-of-way needed for the full urbanization of the intersection.
The Owasso City Council will conduct a public hearing on November 3, 2009 to consider the right-
of-way closure ordinance in accordance with statutory requirements. The City has given written
notice of the proposed closing to all franchise holders, all property owners within three hundred feet
of the right-of-way to be closed, and published the notice in the Tulsa World.
PLANNING COMMISSION:
The Owasso Planning Commission unanimously approved the request to close the right-of-way at
their regular meeting on October 12, 2009.
RECOMMENDATION:
Following consultations with the City Attorney and the representatives for the purchaser, the staff
recommends Council approval of Ordinance No. 948 closing the erroneous right-of-way.
ATTACHMENTS:
1. Ordinance No. 948
2. Location Map
3. Legal Notice
CITY OF OWASSO
ORDINANCE NO. 948
ORDINANCE CLOSING TO THE PUBLIC USE OF A PUBLIC RIGHT
OF WAY LOCATED AT THE SOUTHEAST CORNER OF THE
INTERSECTION OF EAST 96TH STREET NORTH AND NORTH 129TH
EAST AVENUE, IN THE CITY OF OWASSO, TULSA COUNTY,
OKLAHOMA. WHEREAS, THE CITY OF OWASSO RETAINS THE
ABSOLUTE RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE
MUNICIPALITY, AND REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH.
WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to
the public use of a portion of a certain public right-of-way; and,
WHEREAS, said public right-of-way is described as Tract 3A, Tract 313, and Tract 3C, and more
particularly described as follows:
A TRACT OF LAND IN THE NORTHWEST QUARTER (NW/4) OF THE
NORTHWEST QUARTER (NW/4) OF SECTION 21, T-21-N, R-14-E OF THE
INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF
OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY
THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TRACT 3A
COMMENCING AT THE NORTHWEST CORNER OF SECTION 21, T-21-N,
R-14-E, THENCE SOUTHERLY ALONG THE WEST LINE OF SAID
SECTION FOR A DISTANCE OF 363.00'; THENCE EASTERLY AND
PARALLEL TO THE NORTH LINE OF SAID SECTION A DISTANCE OF
33.00' TO A POINT OF BEGINNING; THENCE NORTHERLY ALONG A
LINE PARALLEL TO THE WEST LINE OF SAID SECTION A DISTANCE OF
163.00'; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT,
WITH A CENTRAL ANGLE OF 63°55'20" AND A RADIUS OF 167.00' FOR
A DISTANCE OF 96.18'; THENCE SOUTHERLY AND PARALLEL TO THE
WEST SECTION LINE OF SAID SECTION A DISTANCE OF 239.50';
THENCE WESTERLY ALONG THE SOUTH PROPERTY LINE A DISTANCE
OF 17.00' TO THE POINT OF BEGINNING; SAID TRACT CONTAINING
0.084 ACRES, MORE OR LESS.
TRACT 3B
COMMENCING AT THE NORTHWEST CORNER OF SECTION 21, T-21-N,
R-14-E, THENCE SOUTHERLY ALONG THE WEST LINE OF SAID
SECTION FOR A DISTANCE OF 363.00'; THENCE EASTERLY AND
PARALLEL TO THE NORTH LINE OF SAID SECTION A DISTANCE OF
33.00'; THENCE NORTHERLY ALONG A LINE PARALLEL TO THE WEST
LINE OF SAID SECTION A DISTANCE OF 163.00', THENCE
NORTHEASTERLY ALONG A CURVE TO THE RIGHT, WITH A CENTRAL
ANGLE OF 63°55'20" AND A RADIUS OF 167.00' FOR A DISTANCE OF
166.04' TO THE POINT OF BEGINNING; THENCE NORTHEASTERLY
ALONG A CURVE TO THE RIGHT, WITH A CENTRAL ANGLE OF
63°55'20" AND A RADIUS OF 167.00' FOR A DISTANCE OF 20.27';
THENCE EASTERLY ALONG THE EXISTING RIGHT-OF-WAY LINE A
DISTANCE OF 282.40'; THENCE SOUTHWESTERLY A DISTANCE OF
300.20' TO THE POINT OF BEGINNING; SAID TRACT CONTAINING 0.032
ACRES, MORE OR LESS.
TRACT 3C
COMMENCING AT THE NORTHWEST CORNER OF SECTION 21, T-21-N,
R-14-E, THENCE SOUTHERLY ALONG THE WEST LINE OF SAID
SECTION FOR A DISTANCE OF 363.00'; THENCE EASTERLY AND
PARALLEL TO THE NORTH LINE OF SAID SECTION A DISTANCE OF
33.00'; THENCE NORTHERLY ALONG A LINE PARALLEL TO THE WEST
LINE OF SAID SECTION A DISTANCE OF 163.00'; THENCE
NORTHEASTERLY ALONG A CURVE TO THE RIGHT, WITH A CENTRAL
ANGLE OF 63°55'20" AND A RADIUS OF 167.00' FOR A DISTANCE OF
186.31'; THENCE EASTERLY ALONG THE EXISTING RIGHT-OF-WAY
LINE A DISTANCE OF 311.03' TO THE POINT OF BEGINNING; THENCE N
74°01'03" E A DISTANCE OF 62.36'; THENCE EASTERLY ALONG THE
EXISTING RIGHT-OF-WAY LINE A DISTANCE OF 12.79'; THENCE
SOUTHERLY ALONG THE EAST PROPERTY LINE A DISTANCE OF
17.00'; THENCE WESTERLY ALONG A LINE THAT IS 50.00'
PERPENDICULAR TO THE NORTH LINE OF SAID SECTION A DISTANCE
OF 70.29' TO THE POINT OF BEGINNING; SAID TRACT CONTAINING
0.016 ACRES, MORE OR LESS.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT,
Section 1. The following described public right-of-way, be, and the same is hereby
closed to the public use, to-wit:
A TRACT OF LAND IN THE NORTHWEST QUARTER (NW/4) OF THE
NORTHWEST QUARTER (NW/4 OF SECTION 21, T-21-N, R-14-E OF THE
INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF
OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY
THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TRACT 3A
COMMENCING AT THE NORTHWEST CORNER OF SECTION 21, T-21-N,
R-14-E, THENCE SOUTHERLY ALONG THE WEST LINE OF SAID
SECTION FOR A DISTANCE OF 363.00'; THENCE EASTERLY AND
PARALLEL TO THE NORTH LINE OF SAID SECTION A DISTANCE OF
33.00' TO A POINT OF BEGINNING; THENCE NORTHERLY ALONG A
LINE PARALLEL TO THE WEST LINE OF SAID SECTION A DISTANCE OF
163.00'; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT,
WITH A CENTRAL ANGLE OF 63°55'20" AND A RADIUS OF 167.00' FOR
A DISTANCE OF 96.18'; THENCE SOUTHERLY AND PARALLEL TO THE
WEST SECTION LINE OF SAID SECTION A DISTANCE OF 239.50';
THENCE WESTERLY ALONG THE SOUTH PROPERTY LINE A DISTANCE
OF 17.00' TO THE POINT OF BEGINNING; SAID TRACT CONTAINING
0.084 ACRES, MORE OR LESS.
TRACT 3B
COMMENCING AT THE NORTHWEST CORNER OF SECTION 21, T-21-N,
R-14-E, THENCE SOUTHERLY ALONG THE WEST LINE OF SAID
SECTION FOR A DISTANCE OF 363.00'; THENCE EASTERLY AND
PARALLEL TO THE NORTH LINE OF SAID SECTION A DISTANCE OF
33.00'; THENCE NORTHERLY ALONG A LINE PARALLEL TO THE WEST
LINE OF SAID SECTION A DISTANCE OF 163.00'; THENCE
NORTHEASTERLY ALONG A CURVE TO THE RIGHT, WITH A CENTRAL
ANGLE OF 63°55'20" AND A RADIUS OF 167.00' FOR A DISTNACE OF
166.04' TO THE POINT OF BEGINNING; THENCE NORTHEASTERLY
ALONG A CURVE TO THE RIGHT, WITH A CENTRAL ANGLE OF
63055'20" AND A RADIUS OF 167.00' FOR A DISTNACE OF 20.27';
THENCE EASTERLY ALONG THE EXISTING RIGHT-OF-WAY LINE A
DISTANCE OF 282.40'; THENCE SOUTHWESTERLY A DISTANCE OF
300.20' TO THE POINT OF BEGINNING; SAID TRACT CONTAINING 0.032
ACRES, MORE OR LESS.
TRACT 3C
COMMENCING AT THE NORTHWEST CORNER OF SECTION 21, T-21-N,
R-14-E, THENCE SOUTHERLY ALONG THE WEST LINE OF SAID
SECTION FOR A DISTANCE OF 363.00'; THENCE EASTERLY AND
PARALLEL TO THE NORTH LINE OF SAID SECTION A DISTANCE OF
33.00'; THENCE NORTHERLY ALONG A LINE PARALLEL TO THE WEST
LINE OF SAID SECTION A DISTANCE OF 163.00'; THENCE
NORTHEASTERLY ALONG A CURVE TO THE RIGHT, WITH A CENTRAL
ANGLE OF 63°55'20" AND A RADIUS OF 167.00' FOR A DISTANCE OF
186.31'; THENCE EASTERLY ALONG THE EXISTING RIGHT-OF-WAY
LINE A DISTANCE OF 311.03' TO THE POINT OF BEGINNING; THENCE N
74°01'03" E A DISTNACE OF 62.36'; THENCE EASTERLY ALONG THE
EXISTING RIGHT-OF-WAY LINE A DISTANCE OF 12.79'; THENCE
SOUTHERLY ALONG THE EAST PROPERTY LINE A DISTANCE OF
17.00'; THENCE WESTERLY ALONG A LINE THAT IS 50.00'
PERPENDICULAR TO THE NORTH LINE OF SAID SECTION A DISTANCE
OF 70.29' TO THE POINT OF BEGINNING; SAID TRACT CONTAINING
0.016 ACRES, MORE OR LESS.
Section 2. All ordinances or parts of ordinances, in conflict with this ordinance are
hereby repealed to the extent of the conflict only.
Section 3. If any part or parts of this ordinance are deemed unconstitutional, invalid
or ineffective, the remaining portion shall not be affected but shall remain in full force and effect.
Section 4. The provisions of this ordinance shall become effective thirty (30) days
from the date of final passage as provided by state law.
Section 5. That there be filed in the office of the County Clerk of Tulsa County,
Oklahoma, a true and correct copy of this Ordinance.
PASSED AND APPROVED this 3rd day of November, 2009.
Stephen Cataudella, Mayor
ATTEST:
Sherry Bishop, City Clerk
APPROVED AS TO FORM:
P
Julie ombardi, City Attorney
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Published in the Tulsa World,
October 3, 2009, Tulsa,, OK
NOTICE OF A HEARING BEFORE THE
CITY COUNCIL OF THE CITY
OF OWASSO, OKLAHOMA.
Right-of-Way Closure
Notice is hereby given in a newspaper of general
circulation and by mail to a l l property owners with-
in 300 feet of the subject property that a public
hearing will be held before the Owasso City Coun-
cil in the Old Central Building located at 109 North
Birch, at 6:00 PM on the 3rd day of November,
2009, of a proposed closure of Right-of-Way located
at the Southeast corner of East 96th Street North
and North 129th East Avenue. This proposed clo-
sure of the public way is required in order to cor-
rect an erroneous legal description included in the
2003 deed transferring ownership of the Right-of-
Way to the City of Owasso.
All persons interested in the above mentioned mat-
ter are hereby notified to be present at the above
mentioned time and place in order to present their
arguments for or against same.
Information and maps
tion may be inspected
meet Department, 111
Oklahoma, 74055, or by
showing the property loca-
at the Community Develop-
N. Main Street, Owasso,
calling 376-1543.
Dated at Owasso,. Oklahoma, this 1st day of Octo-
ber,, 2009.
Larissa Darnaby
City Planner
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: JOHN W. FEARY
PROJECT ADMINISTRATOR
SUBJECT: REVISED SCOPE OF WORK FOR THE FY 2008-2009
CIP STREET REHABILITATION PROJECT & REQUEST FOR
CHANGE ORDER
DATE: November 2, 2009
BACKGROUND:
Originally included in FY 2008-2009 Budget, the Capital Iinprovements Fund allows for
the expenditure of funds for the repair and/or resurfacing of residential and non-residential
roadways throughout the City.
In June of 2009, city staff opened bids from five (5) contractors and presented a
recommendation to the City Council that the contract be awarded to Pavement
Conservation Specialists, Inc. (Tulsa OK) in the amount of $259,125. The City Council
unanimously approved the award on June 16, 2009.
The project area consisted of Elm Creek Estates and Original Town from Atlanta to
Carlsbad on both 3rd and 4th Streets as well as Beaumont from 3rd to 4th. The nature of the
work to be completed was concrete patches with an asphalt cap, concrete drive approach
repair/replacement and curb and gutter repair/replacement. The original scope of work
awarded and completed is well below the contracted amount and scheduled to come in
with a significant under run.
In October, Public Works staff evaluated the feasibility of making much needed repairs to
the asphalt surface on E. 96th Street North between the HWY 169 Overpass and existing
concrete surface west of the JC Penney site. These repairs would be of the same nature
used in Elm Creek estates and Original Town and would be Type I patches with no
anticipated curb and gutter replacement. Staff performed a cost analysis and recognized
that the work could be done under the existing unit-price contract with PCSI, Incorporated
and would not require re-bidding. City Council authorization would be required to revise
the existing contract to include the additional work.
REQUEST TO REVISE SCOPE OF WORK AND CONTRACT AMOUNT:
In order to complete the additional 96th Street roadway improvements, the expanded scope
of work as well as the contract overrun for the unit-cost items associated with the
improvement project must be authorized by the City Council. This project would be a joint
effort between the contractor and Public Works staff in an effort to complete the work
before the Thanksgiving Holiday and the much anticipated shopping season that follows.
City crews will work simultaneously with the contractor to perform the same type of
repairs within the project area. City staff and the contractor estimate that the Type I repair
work will cost approximately $150,000; however, any repair work completed by city crews
will be deducted from the above-mentioned estimate and NOT paid to PCSI, Incorporated.
City staff is further requesting that City Council authorize a change order to add a lump
sum item in the amount of $10,000 for services related to traffic control along E. 96t,
Street North, such as barricades, traffic cones, directional signage and other related traffic
safety equipment.
FUNDING:
Funding for this project is included in the current Capital Improvements Fund budget.
Staff does not expect the additional Type I repair work to exceed $150,000 payable to
PCSI, Incorporated.
It is important to note, there will be other additional costs associated with this project not
payable to PCSI, Incorporated. These costs will include fog sealing the roadway in the
project area, striping traffic lanes and intersections as well as signal repairs to the call loops
that will operate the traffic signal heads. The additional funds are available in the project
budget in the Capital Improvements Fund.
RECOMMENDATION:
The staff recommends City Council approval of revisions to a contract with Pavement
Conservation Specialist, Incorporated resulting in a contract total amount to not to exceed
$419,125. Authorized revisions to include
■ Revise the scope of work for the CIP Street Rehabilitation Project to include the
area of E. 961h Street North between the HWY 169 Overpass and existing concrete
surface west of the JC Penney site;
■ Authorize a contract overrun for Type I base repair in the amount of $150,000; and
■ Approve a change order to the existing contract for traffic control for a lump sum
pay item in the amount of $10,000.
ATTACHMENTS:
A. Location Map
CITY OF OWASSO 2008 -2009 PAVEMENT
111 N. Main Street REPAIR PROJECT
P.O. Box 180
Owasso, OK 74055
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10/27/09
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: DAN YANCEY
CHIEF OF POLICE
SUBJECT: INTERLOCAL AGREEMENT FOR JAIL SERVICES
DATE: October 29, 2009
BACKGROUND:
In December of 2001, the City of Collinsville Municipal Building, which also contained the fire
and police operations, was destroyed in a structure fire. At the time, the Collinsville Police
Department was operating a standard 24 hour holding facility for people arrested on
misdemeanor charges.
In March 2003, the City of Collinsville approached the City of Owasso in relation to providing
jail services to the Collinsville Police Department for individuals arrested on Collinsville
municipal misdemeanor charges until a new jail facility could be constructed. The City of
Owasso entered into an interlocal agreement for jail services, which has been extended and
modified several times. The current agreement expires December 31, 2009 and the City of
Collinsville is requesting an extension of the current agreement until December 31, 2010.
AUTHORITY:
Title 74 of the Oklahoma State Statutes, Chapter 31-1001 provides municipalities with the
authority to enter into interlocal agreements. The purpose of Section 1001 is to permit local
government units to make the most efficient use of their authority by enabling them to cooperate
with other localities on a basis of mutual advantages; thereby providing services and facilities
that will accord best with geographic, economic, population and other factors influencing the
needs and development of local communities. The cooperating governmental units can, if
deemed necessary, create an entity to carry out the cooperative functions.
COMPENSATION:
Staff has compared costs incurred by the City of Owasso when a Collinsville prisoner is housed
at the Owasso jail, verses costs charged by the David L. Moss Correctional Facility in Tulsa
County. At Collinsville's request, the staff is requesting to continue the existing agreement
wherein the City of Collinsville is charged $45 per prisoner, per day.
DURATION OF AGREEMENT:
The term of the agreement would begin upon the date of execution and would continue through
December 31, 2010.
COLLINSVILLE APPROVAL OF AGREEMENT:
The City Council for the City of Collinsville approved the agreement during their meeting on
October 19, 2009.
RECOMMENDATION:
Staff recommends Council approval of the proposed interlocal jail agreement between the City
of Owasso and the City of Collinsville for jail services and authorization for the Mayor to
execute the agreement.
ATTACHMENTS:
1. Proposed interlocal jail agreement
UPON APPROVAL
AND EXECUTION
RETURN TO:
CITY OF OWASSO
P.O. BOX 180
OWASSO, OK. 74055
INTERLOCAL AGREEMENT
FOR JAIL SERVICES
THIS INTERLOCAL AGREEMENT FOR JAIL SERVICES (hereinafter
"Agreement") is made and entered into by and between the CITY OF OWASSO,
OKLAHOMA, (hereinafter "Owasso"), and the CITY OF COLLINSVILLE,
OKLAHOMA (hereinafter "Collinsville")
WHEREAS, Title 74 O.S. 2001 1001 et seq. authorize cities to enter into
interlocal agreements for jail services that specify the responsibilities of each party;
And
WHEREAS, Owasso has a jail facility and Collinsville desires to enter into this
agreement to utilize Owasso's jail facility and the terms and conditions of this agreement;
NOW, THEREFORE, in consideration of the mutual covenants, conditions and
promises contained herein, Owasso and Collinsville mutually agree as follows:
1. DEFINITIONS. Unless the context clearly shows another usage is intended, the
following terms shall have the following meanings in this agreement:
a. Owasso Jail means a place owned and operated by City of Owasso
primarily designed, staffed and used for the housing of adults charged with a criminal
offense; for the punishment and correction of offenders after conviction of a criminal
offense; or for confinement and/or holding during a criminal investigation, or a civil
detention to enforce a court order. As of the date of the execution of this agreement, this
jail is located at 111 North Main Street, Owasso, Oklahoma 74055.
b. Collinsville prisoner means a person arrested by the Collinsville Police
and held and confined in the Owasso Jail (either pre- or post-trial) pursuant to a violation
of a Collinsville ordinance or a violation of state law which designated the crime for
Owasso,C ityof/Interl ocal Agreement. doc 1
which the person is held to be a misdemeanor or gross misdemeanor. The term
Collinsville prisoner shall not include a person arrested for a felony offense by
Collinsville Police, a person arrested on a warrant issued by another jurisdiction or for
charges initiated by a non-Collinsville Police officer, or a person charged by the District
Attorney with a felony or an attempt to commit a felony, even if there is a plea to or a
conviction of a lesser offense. A Collinsville prisoner shall not include juveniles.
2. JAIL AND HEALTH SERVICES
a. For prisoners accepted under this Agreement, Owasso shall accept
Collinsville prisoners and furnish jail facilities, booking, custodial
services, and personnel for the confinement of Collinsville prisoner equal
to those Owasso provides for the confinement of its own prisoners.
Medical costs for emergency or necessary health care for Collinsville
prisoners shall be the responsibility of Collinsville in the event an inmate
is transported to the hospital, the hospital shall be directed to bill
Collinsville directly. With respect to inmate prescriptions, Collinsville
agrees to utilize the same pharmacies as Owasso, and Collinsville shall be
billed directly for its inmates' prescriptions. Collinsville retains the option
to contract with medical providers to provide medical service to
Collinsville prisoners. Owasso shall notify Collinsville prior to outside
medical care being provided for a Collinsville prisoner; however, when
emergency medical care is required in life-threatening circumstances, the
notification may occur as soon as practicable, which may be after
emergency medical care has been provided.
b. Collinsville will have the full responsibility of transporting its prisoners
when necessary from the Owasso Jail to the David L. Moss Correctional
Center or any other facility.
3. ACCEPTANCE OF PRISONERS.
a. Collinsville understands that Owasso will accept prisoners on a
nonexclusive basis under this Agreement. The acceptance of prisoners is
subject to space being available. Owasso reserves the right to reserve
space in the jail for its anticipated prisoner needs and may require the
removal of Collinsville prisoners to accommodate Owasso prisoners. If
Collinsville prisoners are to displaced and must be removed from the jail,
Owasso agrees to provide Collinsville with notice in writing for, or
teletype that the Collinsville prisoner must be removed.
b. Prisoners may not be incarcerated in the Owasso jail longer than ten (10)
days or contrary to any federal or state statutes or regulations or
constitutional requirements for the Owasso Jail. Should an inmate serve
his/her 10-day sentence in the Owasso Jail and still have additional days of
jail time, Collinsville will transport their inmates to another facility.
Owasso, Cityof/TnterlocalAgree men t.doc 2
Should transportation be required for Collinsville inmates to appear in
Municipal Courts, transportation will be the responsibility of Collinsville.
C. Collinsville agrees that if any Collinsville prisoner is deemed out of
control or dangerous by the personnel at the Owasso Jail, on four (4)
hours' notice from Owasso to Collinsville, Collinsville shall make
arrangements to remove and transport to another facility. Owasso may
also refuse to incarcerate any persons who are suspected to be an extreme
danger to themselves or to other inmates or who have a medical and/or
mental condition. In cases where a Collinsville prisoner has obvious
medical needs, Collinsville shall transport such prisoner to a medical
facility for treatment prior to being booked into Owasso's Jail. If a
Collinsville prisoner has minor medical needs, Collinsville needs to attend
to those needs prior to sending the prisoner to Owasso. In all cases,
Collinsville officers will remain at the Owasso Jail until the prisoner is
accepted by the Owasso custody staff.
d. Collinsville will also determine if the prisoner needs to be taken to the
hospital to obtain a medical release prior to Owasso accepting the inmate
into jail. The Collinsville personnel committing the prisoner will not leave
the Owasso Jail until the Owasso Intake Officer has completed the
"Medical Intake Screening Form", and the prisoner(s) is accepted by the
Intake Officer and a preliminary search of the prisoner has been
completed. Based on the information obtained, the Owasso Intake Officer
will either accept or refuse the intake into the jail's custody. The Owasso
Intake Officer will inform the Collinsville personnel of the reasons if the
prisoner is not accepted.
Acceptable reasons for the Owasso Intake Officer to refuse a prisoner include:
i ) Skin lacerations requiring stitches
ii ) Obvious or questionable bone fractures
iii ) Prisoners who cannot walk under their own power due to injuries or high
levels of intoxication from drugs or alcohol
iv ) Individuals who are non-responsive (Show no reaction to stimulus)
v ) Pregnant women with a history of recent problems (le leaking, cramping,
contractions, and/or bleeding)
vi ) Suspicion that a prisoner has ingested a lethal dose or has a toxic level of
an unknown or known drug(s) and or chemicals.
vii) Possibility of a closed head injury
viii) Individual with acute or immediate mental illness
ix ) Intoxicated prisoner with B.A.C. of over.30
x ) Failure to supply necessary paperwork
Owasso, Cityof/Interlocal Agreement. doc 3
The Owasso Intake Officer will inform the Collinsville personnel that they must
get a medical and/or mental health release for the prisoner from a licensed physician
before the individual will be accepted into the jail.
e. If the prisoner is released by a licensed physician, the individual
committing the prisoner must submit the following documents to the
intake officer prior to processing of the prisoner:
i ) A medical or mental health release signed by physician, and
ii ) Any discharge "instruction sheet", and
iii) Any prescriptions ordered by the physician.
4. BONDING PROCEDURES AND 48 HOUR AFFIDAVIT
a. Any Collinsville prisoner desiring to bond out must post a bond with
Collinsville.
b. If the prisoner is a Collinsville resident, the Collinsville Police Department
will arrange transportation for the prisoner upon their release.
C. Collinsville must notify Owasso via facsimile immediately of any prisoner
who has posted the bond. Collinsville represents to Owasso that the
following persons are authorized to make this representation to Owasso, to
wit;
d. Collinsville must provide the Owasso Police Department with an Affidavit
for Probable Cause giving notice of the crime the prisoner is charged with
by Collinsville. Collinsville must provide evidence of this prior to
incarceration at the Owasso jail. Collinsville also agrees to provide the
Owasso Police Department, within twenty-four (24) hours of the
Collinsville prisoner's being arrest a sign copy of the Affidavit for
Probable Cause, from the Judge or the prisoner will be released from the
Owasso Jail.
5. RATE AND PAYMENT. Collinsville shall pay Owasso at a rate per prisoner on
a 24-hour basis set out in Schedule A attached hereto. Said rates shall be adjusted from
time to time by mutual agreement in advance of the renewal of any term of this
agreement as provided in Section 6. Collinsville shall be responsible for all costs for the
transport of its prisoners.
Owasso,Cityof/InterlocalAgreement.doc
a. Payment shall be made promptly by Collinsville to Owasso within thirty
(30) days after a monthly statement is submitted by Owasso to
Collinsville.
b. Each party may examine the other's books and records to verify charges.
If an examination reveals an improper charge, an adjustment shall be
applied to the next month's statement, or if the agreement has terminated,
by an appropriate payment from one to the other. The parties agree to meet
at least once each year to examine and verify charges for the previous
year. The parties shall enter into a written agreement verifying and
reconciling charges for the previous year and closing the books on an
annual basis.
6. DURATION. The initial terms of this agreement shall commence on January 1,
2010 by both parties and shall expire on December 31, 2009.
7. RECORD KEEPING (BOOKING). Owasso agrees to maintain a system of
record keeping relative to the booking and confinement of each Collinsville prisoner in
such style and manner as equivalent to Owasso's records pertaining to its own prisoners.
Such records shall include, but not be limited to, the following information: defendant's
name, charge, booking date, release date, and manner of release (i.e., personal
recognizance, bond, cash bail). Along with monthly billing statement, Owasso shall
submit to Collinsville or its authorized representative's copies of said records.
8. BOOKING PROCEDURE. Prisoners will be booked by Collinsville according to
procedures and policies jointly agreed to by Owasso and Collinsville by completing for
each such prisoner an appropriate booking sheet with a copy to be provided to Owasso, if
requested. A copy of said booking sheet to be utilized under this contract is attached as
Exhibit "B".
9. RELEASE OF COLLINSVILLE PRISONERS FROM OWASSO JAIL. No
Collinsville prisoner confined in the Owasso Jail subject to this Agreement shall be
released except:
a. When requested by a member of Collinsville Police Department;
b. In compliance with orders of the court in those matters which the courts
have jurisdiction;
C. For appearance in court;
d. For interviews by Collinsville Police or attorneys;
e. If the prisoner has served his or her sentence or the charge pending against
the prisoner has been dismissed; or
Owasso, Cityof/InterlocalAgreement. doc 5
f. As determined by the Owasso Chief of Police or his designee as part of a
plan to reduce prisoner population as a result of facility overcrowding;
PROVIDED, however, Owasso and Collinsville prisoners shall be
released or relocated to the David L. Moss Correctional Center on a "first
in first out" basis.
g. When in the discretion of an Owasso police officer holding the rank of
Lieutenant or above, or the Communications Supervisor, such release is
warranted, Owasso shall notify Collinsville Police of such event as soon as
possible.
10. ACCESS TO COLLINSVILLE PRISONERS. All Collinsville Police
officers, investigators, interpreters, mental health professionals, the prosecuting attorney,
and the prisoner's counselor or assigned counsel shall have the right to interview the
prisoner inside the confines of the Owasso Jail, subject only to the necessary security
rules. Interview rooms will be made available to Collinsville Police and others in equal
priority with those made available for Owasso prisoners.
11. OPERATION OF JAIL. Owasso agrees to operate the jail to current
professional standards and practices in accordance with all state and federal standards,
whether set by constitution, statute or regulation. Collinsville shall receive equal
treatment to that supplied to Owasso's own prisoner.
12. INDEMNIFICATION.
a. Except as otherwise provided in 11(b), Collinsville agrees to defend,
indemnify and hold harmless Owasso and its elected officials, officers,
agents and employees, or any of them, from any and all claims, actions,
suits, liability, loss, costs, expenses and damages of any nature whatsoever
by reason of or arising out of any act or omission of Collinsville, its
officers, agents and employees, or any of them in arresting, booking,
detaining, charging, transporting, or releasing prisoners. In the event that
any suit based upon such a claim, action, loss or damage is brought against
Owasso, Collinsville shall defend Owasso at Collinsville's sole cost and
expense, including but not limited to attorney fees, court costs, and expert
witness fees; provided, that Owasso retains the right to participate in said
suit if any principle of government or public law is involved; and if a final
judgment is rendered against Owasso officers, agents, employees or any of
them or jointly against Owasso and Collinsville and their respective
officers, agents and employees or any of them, Collinsville shall satisfy
and discharge the same.
b. In the event of the concurrent negligence of the parties, each party shall be
responsible for payment of any claim or judgment in proportion to the
percentage fault attributed to that party.
Owasso,Cityof/InterlocalAgreement.doc 6
C. The indemnities provided for in this paragraph 11 shall apply to all legal
costs and attorney's fees incurred by the party indemnified. In any action
to enforce the indemnities provided for in this paragraph, the prevailing
party shall be entitled to recovery of costs and attorneys' fees for the
enforcement of these indemnities.
13. TERMINATION OF AGREEMENT. Either party may terminate this Agreement
upon thirty (30) days written notice to the other City Manager.
14. DISPUTE RESOLUTION.
a. The Police Chiefs for each city and appropriate staff, if deemed necessary,
will meet quarterly to discuss any pending issues to resolve disputes, if
any.
b. It is the parties' intent to resolve any disputes relating to the interpretation
or application of this agreement informally through discussions at the staff
level as described in paragraph 13 (a) above. In the event disputes cannot
be resolved informally, resolution shall be sought by the City Managers. If
the City Managers reach no resolution within thirty (30) days, either party
may terminate this agreement.
15. WAIVER. No waiver of any right under this Agreement shall be effective
unless made in writing by the authorized representative of the party to be bound thereby.
Failure to insist upon full performance on any one or several occasions does not
constitute consent to or waiver of any later nonperformance.
16. ASSIGNMENT. Neither this Agreement nor any interest herein or claim
hereunder shall be assigned or transferred, in whole or in part, by either Owasso or
Collinsville to any other person or entity without the prior written consent of the other
party. In the event that such prior written consent to an assignment is granted, the
assignee shall assume all duties, obligations and liabilities of its assignor stated in this
Agreement.
17. INDEPENDENT CONTRACTOR. Each party to this agreement is an
independent contractor with respect to the subject matter herein. Nothing in this
agreement shall make any employee of Owasso an employee of Collinsville, and vice
versa, for any purpose, including, but not limited to, for withholding of taxes, payment of
benefits, worker's compensation, or any other rights or privileges according to either
city's employee by virtue of their employment. At all times pertinent hereto, employees
of Owasso are acting as Owasso employees and employees of Collinsville are acting as
Collinsville employees.
18. PARTIAL INVALIDITY. Whenever possible, each provision of this
agreement shall be interpreted in such a manner as to be effective and valid under
applicable law. Any provisions of this agreement which shall prove to be invalid, void or
Owasso,Cityof/InterlocalAgreement.doc 7
illegal shall in no way affect, impair or invalidate any other provisions hereof, and such
other provisions shall remain in full force and effect.
19. ASSIGNABILITY. The rights, duties and obligations of either party to this
agreement may not be assigned to any third party without the prior written consent of the
other party, which consent shall not be unreasonably withheld.
20. NO THIRD-PARTY RIGHTS. Except as expressly provided herein, nothing in
this agreement shall be construed to permit anyone other than the parties hereto and their
successors and assigns to rely upon the covenants and agreements herein contained nor to
give any such third party a cause of action (as a third-party beneficiary or otherwise) on
account of any nonperformance hereunder.
21. ENTIRE AGREEMENT. This agreement constitutes the entire agreement
between the parties hereto and no other agreements, oral or otherwise, regarding the
subject matter of this agreement shall be deemed to exist or bind any of the parties hereto.
Either party may request changes in the agreement. Proposed changes that are mutually
agreed upon shall be incorporated by written amendment hereto.
22. SEVERABILITY. If any portion of the Agreement is changed per mutual
agreement, or any portion is held invalid, the remainder of the Agreement shall remain in
full force and effect.
23. INTEGRATION. This written Agreement constitutes the complete and final
agreement between Owasso and Collinsville. There are no other oral or written
agreements between the parties as to the subjects covered by this Agreement. No changes
or additions to this Agreement shall be valid or binding upon either party unless such
change or addition be in writing and executed by both parties.
24. NOTICES AND ADMINISTRATOR. Unless stated otherwise herein, all notices
and demands shall be in writing and sent or hand-delivered to the parties at their
addresses as follows:
TO CITY OF OWASSO
City Manager
111 North Main Street
Owasso, Oklahoma 74055
TO CITY OF COLLINSVILLE
City Manager
106 North 12th Street
Collinsville, Oklahoma 74021
Owasso, Cityof/InterIocalAgreement.doc
The Owasso Chief of Police shall serve as Owasso's administrator or responsible official
for this Agreement. The Chief of Police for Collinsville shall serve as Collinsville's
administrator or responsible official for this Agreement.
25. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Oklahoma as they now read or are hereafter
amended.
26. APPROVAL AND FILING. Each party shall approve this Agreement by
resolution, ordinance or otherwise pursuant to the laws of the governing body of said
party. The attested signature of the officials identified below shall constitute a
presumption that such approval was properly obtained.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this
(9+4day of 6C.60b , 2009.
CITY OF OWASSO
BY:
CITY OF COLLINSVILLE
DATE:
APPOVED as to form:
DATE:
DATE:
REVIEW AND APPROVED BY THE ATTORNEY GENERAL:
Owasso, Cityof/]nterlocalAgreement.doc 9
DATE: /0 - 6-oq
SCHEDULE A
Daily Maintenance Fee $45.00 per person
Owasso,C i tyof/Interl ocalAgreement. doc 10