Loading...
HomeMy WebLinkAbout2009.12.01_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: December 1, 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 Wednesday, November 25, 2009. i JuliAn" Stevens, Deputy City Clerk GENDA 1. Call to Order Mayor Stephen Cataudella 2. Invocation Doug Gregg, Lifepoint Baptist Church 3. Flag Salute 4. Roll Call 5. Presentation of the Character Trait of Self-Control. Dr. Chris Kelley, Owasso Character Council Owasso City Council December 1, 2009 Page 2 6. 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 November 17, 2009 Regular Meeting. Attachment # 6-A B. Approval of Claims. Attachment # 6-13 C. Approval of Ordinance No. 952, an ordinance approval of annexation OA 09-03, a request to annex approximately 30 acres located on the northeast corner of N. Garnett Road and E. 106"' Street North. Attachment # 6-C Staff will recommend City Council approval of Ordinance No. 952 and has listed this item in the consent section of the agenda based on Council actions taken November 17, 2009 to approve the annexation request. D. Approval of Ordinance No. 953, an ordinance approval of annexation OA 09-04, a request to annex approximately 19 acres located on the northwest corner of US Hwy 20 and N. 145'x' East Avenue. Attachment # 6-D Staff will recommend City Council approval of Ordinance No. 953 and has listed this item in the consent section of the agenda based on Council actions taken November 17, 2009 to approve the annexation request. E. Approval of Ordinance No. 954, an ordinance approve rezoning request OZ 09-02, consisting of approximately .24 acres located at the southeast corner of 2"d and Atlanta Street from Residential Duplex (RD) to Commercial Shopping (CS) zoning district. Attachment # 6-E Staff will recommend City Council approval of Ordinance No. 954 and has listed this item in the consent section of the agenda based on Council actions taken November 17, 2009 to approve the rezoning request. F. Approval of Ordinance No. 955, an ordinance closing to the public use a utility easement located at 13800 E. 94"' Street North in the Nottingham Estates III Addition. Attachment # 6-F Staff will recommend City Council approval of Ordinance No. 955 and has listed this item in the consent section of the agenda based on Council actions taken November 17, 2009 to approve the easement closure. Owasso City Council December 1, 2009 Page 3 G. Adoption of Resolution No. 2009-12, calling an election for the purpose of selecting representation for City Council Ward 5, for a three year term. Attachment # 6-G 7. Consideration and appropriate action relating to items removed from the Consent Agenda. 8. Consideration and appropriate action relating to a request for City Council adoption of Resolution No. 2009-13, a resolution approving action taken by the Owasso Public Works Authority authorizing issuance, sale and delivery of its series 2009a Clean Water SRF promissory note (GARNETT REGIONAL DETENTION FACILITY PROJECT) to Oklahoma Water Resources Board; ratifying and confirming a lease whereby the City of Owasso leased to the Owasso Public Works Authority its water, sanitary sewer, and garbage and trash collection systems and the Bailey Ranch Golf Club; ratifying and confirming a subordinate lien sales tax agreement; and containing other provisions related thereto. Ms. Bishop Attachment # 8 Staff will recommend City Council adoption of Resolution No. 2009-13. 9. Consideration and appropriate action relating to a request for City Council adoption of Resolution No. 2009-14, a resolution approving action taken by the Owasso Public Works Authority authorizing issuance, sale and delivery of its series 2009B Clean Water SRF promissory note (WASTEWATER TREATMENT PLANT PROJECT) to Oklahoma Water Resources Board; ratifying and confinming a lease whereby the City of Owasso leased to the Owasso Public Works Authority its water, sanitary sewer, and garbage and trash collection systems and the Bailey Ranch Golf Club; ratifying and confirming a subordinate lien sales tax agreement; and containing other provisions related thereto. Ms. Bishop Attachment # 9 Staff will recommend City Council adoption of Resolution No. 2009-14. Owasso City Council December 1, 2009 Page 4 10. Consideration and appropriate action relating to a request for City Council adoption of Resolution No. 2009-15, a resolution approving action taken by the Owasso Public Works Authority authorizing issuance, sale and delivery of its series 2009C Clean Water SRF promissory note (76TH STREET sewer interceptor PROJECT) to Oklahoma Water Resources Board; ratifying and confirming a lease whereby the City of Owasso leased to the Owasso Public Works Authority its water, sanitary sewer, and garbage and trash collection systems and the Bailey Ranch Golf Club; ratifying and confirming a subordinate lien sales tax agreement; and containing other provisions related thereto. Ms. Bishop Attachment # 10 Staff will recommend City Council adoption of Resolution No. 2009-15. 11. Consideration and appropriate action relating to a request for City Council to award a bid for the construction of the N. Garnett Regional Detention Facility. Mr. Albert Attachment # 11 Staff will recommend City Council award the construction bid for the N. Garnett Regional Detention Facility to Cherokee Builders of Tulsa, Oklahoma in the amount of $1,525,006. 12. Consideration and appropriate action relating to a request for City Council approval of Ordinance No. 956, an Ordinance amending Ordinance No. 903 of the City of Owasso, by eliminating the waiver or reduction of assessment allowed by section five (5); declaring an emergency; and containing other provisions related thereto. Ms. Lombardi Attachment # 12 Staff will recommend City Council approval of Ordinance No. 956. Owasso City Council December 1, 2009 Page 5 13. Consideration and appropriate action relating to a request for City Council approval of Ordinance No. 957, an Ordinance relating to the amendment of Ordinance No. 935 of the City of Owasso, by eliminating the waiver or reduction of assessment allowed by section five (5) and by eliminating the waiver or reduction of assessment allowed by section six (6); declaring an emergency; and containing other provisions related thereto. Ms. Lombardi Attachment # 12 Staff will recommend City Council approval of Ordinance No. 957. 14. Report from City Manager. Mr. Ray 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. OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, November 17, 2009 The Owasso City Council met in regular session on Tuesday, November 17, 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, November 13, 2009. ITEM 1. CALL TO ORDER Mayor Cataudella called the meeting to order at 6:30 p.m. ITEM 2. INVOCATION The invocation was offered by Nathan Burns, Silver Creek Church of Nazarene. ITEM 3. FLAG SALUTE Council Member Bryan Stovall led the flag salute. ITEM 4. ROLL CALL PRESENT Steve Cataudella, Mayor Doug Bonebrake, Vice Mayor Bryan Stovall, Councilor Jon Sinex, Councilor A quorum was declared present. STAFF Rodney Ray, City Manager Julie Lombardi, City Attorney ABSENT Wayne Guevara, Councilor ITEM 5. 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 CITY COUNCILOR MAY, HOWEVER, REMOVE AN ITEM FROM THE CONSENT AGENDA BY REQUEST. A MOTION TO ADOPT THE CONSENT AGENDA IS NON-DEBATABLE. A. Approval of Minutes of the November 3, 2009 regular meeting and November 10, 2009 Special Meeting. Owasso City Council NOVeInbct- 17, 2009 B. Approval of Claims. C. Acknowledgement of receiving the monthly FY 2009-10 budget status report. D. Approval of a request for early retirement from the Oklahoma Municipal Retirement Fund from Pat Fry. Mr. Bonebreak moved, seconded by Mr. Stovall, to approve the Consent Agenda with claims totaling $476,356.98. Also included for review were the healthcare self-insurance claims report and the payroll payment report for pay period 11/07/09. YEA: Bonebrake, Cataudella, Stovall, Sinex NAY: None Motion carried 4-0. ITEM 7. CONSIDERATION AND APPRROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF ANNEXATION OA 09-03, A REQUEST TO ANNEX APPROXIMATELY 30 ACRES LOCATED ON THE NORTHEAST CORNER OF N. GARNETT ROAD AND E. 106 rH STREET NORTH. Mrs. Damaby presented the item, recommending City Council approval of annexation request OA 09-03, a request to annex approximately 30 acres located on the Northeast corner of N. Garnett Road and E. 106t" Street North. Mr. Sinex moved, seconded by Mr. Stovall, for Council approval of annexation OA 09-03, as recommended. YEA: Bonebrake, Cataudella, Stovall, Sinex NAY: None Motion carried 4-0. ITEM 8. CONSIDERATION AND APPRROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF ANNEXATION OA 09-04, A REQUEST TO ANNEX APPROXIMATELY 19 ACRES LOCATED ON THE NORTHWEST CORNER OF US HWY 20 AND N. 145'1'11 EAST AVENUE. Mrs. Damaby presented the item, recommending City Council approval of annexation request OA 09-04, a request to annex approximately 19 acres located on the northwest corner of US Hwy 20 and N. 145"' East Avenue. Mr. Bonebreak moved, seconded by Mr. Stovall, for Council approval of annexation OA 09-04, as recommended. YEA: Bonebrake, Cataudella, Stovall, Sinex NAY: None Motion carried 4-0. 2 Owasso City Council November 17, 2009 ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF REZONING OZ-09-02, A REQUEST TO REZONE APPROXIMATELY .24 ACRES LOCATED AT THE SOUTHEAST CORNER OF 2ND AND ATLANTA STREET. Mrs. Darnaby presented the item, recommending City Council approval of rezoning request OZ 09-02, consisting of approximately .24 acres located at the southeast corner of 2" `i and Atlanta Street from Residential Duplex (RD) to Commercial Shopping (CS) zoning district. Mr. Sinex moved, seconded by Mr. Stovall, for Council to approval of rezoning OZ 09-02, as recommended. YEA: Bonebrake, Cataudella, Stovall, Sinex NAY: None Motion carried 4-0. ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL TO PARTIALLY CLOSE A UTILITY EASEMENT LOCATED AT 13800 E. 94"' STREET NORTH IN THE NOTTINGHAM ESTATES III ADDITION. Mrs. Damaby presented the item, recommending City Council approval of the request for a partial easement closure located at 13800 E. 94th Street North in the Nottingham Estates III Addition. Mr. Bonebreak moved, seconded by Mr. Sinex, for Council to approve of partially closing a utility easement located at 13800 E. 94"' Street North as recommended. YEA: Bonebrake, Cataudella, Stovall, Sinex NAY: None Motion carried 4-0. ITEM 11. 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). Mr. Bonebrake moved, seconded by Mr. Stovall, to enter into executive session. YEA: Bonebrake, Cataudella, Stovall, Sinex NAY: None Motion carried 4-0. The City Council entered into executive session with Julie Lombardi, City Attorney, Rodney Ray, City Manager and Sherry Bishop, Assistant City Manager at 6:43 pun. 3 Owasso Citv Council November 17, 2009 The City Council returned from executive session at 7:03PM. ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL TO APPROVE THE TERMS AND AUTHORIZE PAYMENT OF THE SETTLEMENT IN THE CASE STYLED DOUG DRIVER VS. DAN YANCEY SCOTT CHAMBLESS AND MICHAEL DENTON. Ms. Lombardi presented the item, stating that the terms of the settlement agreement are confidential and recommending City Council approve the terms and authorize payment of the settlement in the case styled Doug Driver vs Dan Yancey Scott Chambless and Michael Denton. Mr. Bonebreak moved, seconded by Mr. Stovall, for Council to approve the terms and authorize payment of the settlement as recommended. YEA: Bonebrake, Cataudella, Stovall, Sinex NAY: None Motion carried 4-0. ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL TO AWARD A BID FOR THE PURCHASE OF FIRE INCIDENT AND PATIENT CARE REPORTING SOFTWARE AND AUTHORIZATION FOR THE MAYOR TO EXCUTE THE PURCHASING AGREEMENT. Mr. Clark presented the item, recommending City Council award the bid for the purchase of fire incident and patient care reporting software and authorize the Mayor to execute the purchasing agreement with Zoll Software Solutions, Incorporated in the amount of $60,751. Mr. Bonebreak moved, seconded by Mr. Stovall, for Council to award the bid for the purchase of fire incident and patient care reporting software from Zoll Software Solutions, Incorporated in the amount of $60,751, as recommended. YEA: Bonebrake, Cataudella, Stovall, Sinex NAY: None Motion carried 4-0. ITEM 14. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A BUDGET AMENDEMENT INCREASING THE ESTIMATED GRANT REVENUE BY $61,825 AND INCREASING THE APPROPRIATION FOR EXPENDITURES IN THE GENERAL FUND BY $29,775. 4 Owasso City Council November 17, 2009 Ms. Hess presented the item, recommending City Council approve a budget amendment increasing the estimated grant revenues by $61,825 and increasing the appropriation for expenditures by $29,755 in the General Fund (Police and Fire Departments). Mr. Bonebreak moved, seconded by Mr. Stovall, for the Council to approve a budget amendment increasing the estimated grant revenues and increasing the appropriation for expenditures, as recommended. YEA: Bonebrake, Cataudella, Stovall, Sinex NAY: None Motion carried 4-0. ITEM 15. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF THE DONATION OF RIGHT-OF-WAY TO ROGERS COUNTY FOR THE PURPOSE OF CONSTRUCTING BRIDGE IMPROVEMENTS LOCATED ON N. 161 IT EAST AVENUE AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE NECESSARY DOCUMENTATION. Mr. Ray presented the item, recommending City Council approve the donation of right-of-way to Rogers County for the purpose of constructing bridge improvements located on N. 1615' East Avenue, just south of E. 915' Street North. Mr. Bonebreak moved, seconded by Mr. Sinex, for the Council to approve the donation of right- of-way to Rogers County, as recommended. YEA: Bonebrake, Cataudella, Stovall, Sinex NAY: None Motion carried 4-0. ITEM 16. CONSIDERATION AND APPROPRIATE ACTION REALTING TO A REQUEST FOR CITY COUNCIL APPROVAL OF BUDGET AMENDEMENT INCREASING THE APPROPRIATION FOR EXPENDITURES IN THE PROPERTY CASUALTY SELF-INSURANCE FUND BY $200,000 AND INCREASING THE APPROPRIATION FOR EXPENDITURES IN THE GENERAL FUND BY $200,000 AND AUTHORIZATION FOR PAYMENT OF $200,000 FROM THE GENERAL FUND TO THE PROPERTY CASUALTY SELF-INSURANCE FUND. Ms. Dempster presented the item, recommending the City Council approve a budget amendment increasing the appropriation for expenditures in the Property Casualty Self-Insurance Fund by $200,000 and increasing the appropriation for expenditures in the General Fund by $200,000 and authorizing the payment of $200,000 from the General Fund to the Property Casualty Self- 5 Owasso City Council November 17, 2009 Insurance Fund which also increases the estimated revenues in the Property Casualty Self- Insurance Fund by $200,000. Mr. Stovall moved, seconded by Mr. Bonebreak, for the Council to approve a budget amendment increasing the appropriation for expenditures as recommended. YEA: Bonebrake, Cataudella, Stovall, Sinex NAY: None Motion carried 4-0. ITEM 17. REPORT FROM THE CITY MANAGER Ms. Chelsea Harkins presented information related to the Buy Owasso Campaign which began Friday November 13, 2009. In addition, Mrs. Harkins explained the Buy Owasso website and the campaign billboards that will encourage Owasso residents to purchase locally. Mr. Roger Stevens presented a briefing and update related to the Traffic Signal Enhancement program. ITEM 18. REPORT FROM THE CITY ATTORNEY No report. ITEM 19. REPORT FROM CITY COUNCILORS No report. ITEM 20. NEW BUSNIESS None. ITEM 21. ADJOURNMENT Mr. Sinex moved, seconded by Mr. Bonebreak, to adjourn the meeting of the Owasso City Council. YEA: Bonebrake, Cataudella, Sinex, Stovall NAY: None Motion carried 4-0 and the meeting was adjourned at 7:35 p.m. Stephen Cataudella, Mayor Juliann Stevens, Deputy City Clerk 6 Claims List 12/01/09 Budget Unit Title Vendor Name Payable Description Payment Amouni GENERAL TREASURER PETTY CASH CC REFUND/DURNING 50.00 TREASURER PETTY CASH CC REFUND/PERRIN 50.00 TREASURER PETTY CASH CC REFUND/DUNAWAY 50.00 TREASURER PETTY CASH CC REFUND/TREADWELL 50.00 TOTAL GENERAL 200.00 MUNICIPAL COURT JPMORGAN CHASE BANK MEETING EXPENSE 25.00 FRANK W AMBRUS BAILIFF SERVICES 210.00 JPMORGAN CHASE BANK PIKEPASS-FEES 7.80 TOTAL MUNICIPAL COURT 242.80 MANAGERIAL JPMORGAN CHASE BANK PIKEPASS-FEES 9.70 JIMMY CODAY TREE SERVICE 525.00 JPMORGAN CHASE BANK MEETING EXPENSE 30.22 JPMORGAN CHASE BANK MEETING EXPENSE 91.70 JPMORGAN CHASE BANK MEETING EXPENSE 6.25 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION 285.00 JPMORGAN CHASE BANK MEETING EXPENSE 27.64 JPMORGAN CHASE BANK MEETING EXPENSE 2499 ART IN BLOOM COUNCIL RELATIONS 43.95 JPMORGAN CHASE BANK BELPROMO-EMPL APPREC 976.00 JPMORGAN CHASE BANK MEETING EXPENSE 55.48 JPMORGAN CHASE BANK MEETING EXPENSE 51.65 JPMORGAN CHASE BANK SUTTERFIELDS-VETERANS DAY 108.25 JPMORGAN CHASE BANK MEETING EXPENSE 36.90 JPMORGAN CHASE BANK MEETING EXPENSE 45.73 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 45.46 JPMORGAN CHASE BANK MEETING EXPENSE 118.92 TOTAL MANAGERIAL 2,482.84 FINANCE TREASURER PETTY CASH MILEAGE 3.85 JPMORGAN CHASE BANK PAYLINKS-GAAP 2010 GUIDE 24157 COLE & REED, P.C. PROFESSIONAL FEES-AUDIT 20,750.00 TOTAL FINANCE 20,997.42 HUMAN RESOURCES JPMORGAN CHASE BANK PIKEPASS-FEES 8.50 RICH & CARTMILL TREASURER'S BOND 450.00 RICH & CARTMILL POSITION SCHEDULE BOND 1,400.00 RICH & CARTMILL PUBLIC EMPLOYEE BOND 114.00 JPMORGAN CHASE BANK STILLWATER NEWS-AD 68.35 JPMORGAN CHASE BANK DONREY-ADVERTISING 42.60 JPMORGAN CHASE BANK MEETING EXPENSE 13.00 Page 1 Claims List 12/01/09 Budget Unit Title Vendor Name Payable Description Payment Amouni TOTAL HUMAN RESOURCES 2,096.45 HR - CHARACTER INITIATIVE JPMORGAN CHASE BANK OFFICE DEPOT-CHARACTER 24.99 JPMORGAN CHASE BANK CUSTOM CRAFT-SUPPLIES 50.00 JPMORGAN CHASE BANK CHARACTER FIRST- SUPPLIES 209.29 LARRY LEE BIDDLE CHARACTER SPEAKER 3,237.99 BAILEY EDUCATION FOUNDATION CHARACTER LUNCHEON 2,000.00 BAILEY EDUCATION FOUNDATION CHARACTER LUNCHEON 330.00 TOTAL HR- CHARACTER INITIATIVE 5,852.27 GENERAL GOVERNMENT CINTAS CORPORATION CARPET-MAT CLEANING 27.18 IKON OFFICE SOLUTIONS, INC COPIER SERVICE & SUPPLIES 283.75 OFFICE DEPOT INC OFFICE SUPPLIES 130.40 NEOPOST LEASING, INC POSTAGE SERVICES 389.00 JPMORGAN CHASE BANK NEIGHBOR NEWS-ADS 712.60 VMH CORPORATION TRAINING SERVICES 1,000.00 LAW OFFICES OF LEE W. PADEN, P.C. LEGAL SERVICES - 918 AREA 468.75 AT&T LONG DISTANCE LONG DISTANCE SERVICE 36.44 TULSA COUNTY CLERK FILING FEES 104.00 TOTAL GENERAL GOVERNMENT 3,152.12 COMMUNITY DEVELOPMENT JPMORGAN CHASE BANK CARTRIDGE WORLD-TONER 99.99 SPRINT SPRINT CARDS 87.49 OFFICE DEPOT INC OFFICE SUPPLIES 1.70 TOTAL COMMUNITY DEVELOPMENT 189.18 ENGINEERING RIDGWAY'S LTD SUPPLIES 64.38 JPMORGAN CHASE BANK DELL-ADDT'L RAM FOR PC 49.26 RIDGWAY'S LTD SUPPLIES 209.14 SPRINT SPRINT CARDS 149.97 JPMORGAN CHASE BANK DELL-MONITOR/CREECH 204.25 TOTAL ENGINEERING 677.00 INFORMATION TECHNOLOGY JPMORGAN CHASE BANK SUPERSHUTTLE-CONFERENCE 14.00 JPMORGAN CHASE BANK COSI-TRAVEL EXPENSE 10.43 JPMORGAN CHASE BANK WESTIN-CONF LODGING 717.93 JPMORGAN CHASE BANK AMERICAN-CHECKED BAG FEE 20.00 SPRINT SPRINT CARDS 99.98 JPMORGAN CHASE BANK HERSHEY LODGE-SG CONF 506.16 JPMORGAN CHASE BANK EXPERTS EXCHANGE-SUPPORT 99.50 USA MOBILITY WIRELESS, INC PAGER USE 7.70 JPMORGAN CHASE BANK AMERICAN-CHECKED BAG FEE 20.00 JPMORGAN CHASE BANK COX-INTERNET 1,550.00 Page 2 Claims List 12/01/09 Budget Unit Title Vendor Name Payable Description Payment Amouni INFORMATION TECHNOLOGY BAKERS TRENCHING FIBER BORING 1,402.17 TOTAL INFORMATION TECHNOLOGY 4,447.87 SUPPORT SERVICES JPMORGAN CHASE BANK BATTERIES PLUS-BATTERIES 35.98 COX COMMUNICATIONS INTERNET SERVICE OLD CENT 69.95 JPMORGAN CHASE BANK LOWES-BUG SPRAY 12.98 SPRINT SPRINT CARDS 149.97 TREASURER PETTY CASH POSTAGE 9.90 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 19.25 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 19.25 AT&T LONG DISTANCE LONG DISTANCE SERVICE 1.08 TOTAL SUPPORT SERVICES 318.36 CEMETERY JPMORGAN CHASE BANK EQUIP ONE-AIR COMP RENTAL 64.17 TOTAL CEMETERY 64.17 POLICE SERVICES JPMORGAN CHASE BANK POLYSHOK-AMMO 112.38 JPMORGAN CHASE BANK GALLS-CARGO CADDY 296.99 JPMORGAN CHASE BANK OK POLICE SUPPLY-UNIFORM 199.80 TURN-KEY MOBILE, INC VEHICLE EQUIPMENT 3,851.80 JPMORGAN CHASE BANK ULTRA MAX-AMMUNITION 5,607.00 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE FY10 143.50 DONALD L TAYLOR KEYS 36.00 INTERNATIONAL PUBLIC MGMT ASSOCIATI ENTRY POLICE TESTS 385.00 OFFICE DEPOT INC OFFICE SUPPLIES 221.79 JPMORGAN CHASE BANK PATROL TECH-FLASHLIGHT 21.70 JPMORGAN CHASE BANK SHI INT'L-OFFICE 2007 316.00 JPMORGAN CHASE BANK OACP-MEMBERSHIP 60.00 AT&T LONG DISTANCE LONG DISTANCE SERVICE 35.28 JPMORGAN CHASE BANK LOWES-LOCKS 41.91 JPMORGAN CHASE BANK OWASSO FITNESS-DUES 180.00 JPMORGAN CHASE BANK MTM PMNT CTR-BADGE 968 142.63 JPMORGAN CHASE BANK MTM PMNT CTR-BADGE 934 75.90 JPMORGAN CHASE BANK MTM PMNT CTR-BADGE 812/15 142.63 JPMORGAN CHASE BANK MTM PMNT CTR-BADGE 820 145.63 JPMORGAN CHASE BANK DEPT OF CORR-LOCKS 50.00 JPMORGAN CHASE BANK PATROL TECH-HOLSTER 75.00 TREASURER PETTY CASH MILEAGE 32.64 TREASURER PETTY CASH PARKING 8.00 JPMORGAN CHASE BANK LAW ENF TARGET-AMMO 134.00 JPMORGAN CHASE BANK DRY CLEANING ST-UNIFORMS 1,641.30 JPMORGAN CHASE BANK MHS-MANUAL 75.00 JPMORGAN CHASE BANK ALLMED-LATEX GLOVES 198.80 JPMORGAN CHASE BANK USPS-POSTAGE 14.17 Page 3 Claims List 12/01/09 Budget Unit Title Vendor Name Payable Description Payment Amouni POLICE SERVICES... JPMORGAN CHASE BANK MICROTEL-DTI SCHOOL 252.00 SPRINT SPRINT CARDS 599.88 JPMORGAN CHASE BANK UPS STORE-SHIPPING 20.46 JPMORGAN CHASE BANK PATROL TECH-REFLEC VESTS 3,689.00 USA MOBILITY WIRELESS, INC PAGER USE 108.30 JPMORGAN CHASE BANK GALLS-SWIVEL HOLDER 29.99 JPMORGAN CHASE BANK ULTRA MAX-AMMUNITION 2,868.00 TOTAL POLICE SERVICES 21,812.48 POLICE COMMUNICATIONS USA MOBILITY WIRELESS, INC PAGER USE 23.10 JPMORGAN CHASE BANK DAYS INN-TAX REFUND -10.47 JPMORGAN CHASE BANK CENTRAL TECH-JAIL SCHOOL 90.00 OFFICE DEPOT INC OFFICE SUPPLIES 62.96 URGENT CARE OF GREEN COUNTRY, P.L.L HEP-B VACCINE 45.00 DEPARTMENT OF PUBLIC SAFETY OLETS EQUIPMENT & DATAMAX 450.00 TOTAL POLICE COMMUNICATIONS 660.59 ANIMAL CONTROL ANNE K. KARN SPAY AND NEUTER 680.00 OFFICE DEPOT INC OFFICE SUPPLIES 32.60 JPMORGAN CHASE BANK MEDVET INT'L-SUPPLIES 132.60 AT&T LONG DISTANCE LONG DISTANCE SERVICE 2.83 USA MOBILITY WIRELESS, INC PAGER USE 15.40 TOTAL ANIMAL CONTROL 863.43 FIRE SERVICES USA MOBILITY WIRELESS, INC PAGER USE 298.40 OKLAHOMA STATE UNIVERSITY-BURSAR REGISTRATION/NICHOLSON 99.00 A PLUS SERVICE INC HEATER REPAIR 461.00 AT&T MOBILITY WIRELESS SERVICE 21.94 JPMORGAN CHASE BANK MID AMERICAN-PUBLICATIONS 45.59 SPRINT SPRINT CARDS 399.92 AT&T LONG DISTANCE LONG DISTANCE SERVICE 14.55 JPMORGAN CHASE BANK EASTERN OK-CLASS 350.00 JPMORGAN CHASE BANK SHERATON-CLASS LODGING 84.00 JPMORGAN CHASE BANK TRAVEL EXPENSE 7.60 JPMORGAN CHASE BANK KOHL'S-UNIFORM 110.00 JPMORGAN CHASE BANK TRAVEL EXPENSE 8.29 JPMORGAN CHASE BANK SHERATON-CLASS LODGING 84.00 JPMORGAN CHASE BANK STILLWATER PLAZA-TRAINING 72.80 JPMORGAN CHASE BANK OK POLICE SUPPLY-APPAREL 181.90 TREASURER PETTY CASH PER DIEM 184.00 JPMORGAN CHASE BANK TRAVEL EXPENSE 6.51 JPMORGAN CHASE BANK TRAVEL EXPENSE 8.13 JPMORGAN CHASE BANK TRAVEL EXPENSE 17.39 JPMORGAN CHASE BANK TRAVEL EXPENSE 15.86 Page 4 Claims List 12/01/09 Budget Unit Title Vendor Name Payable Description Payment Amouni FIRE SERVICES... JPMORGAN CHASE BANK AIR CLEANING-EXHAUST ADAP 584.62 JPMORGAN CHASE BANK TRAVEL EXPENSE 5.43 JPMORGAN CHASE BANK TRAVEL EXPENSE 11.61 JPMORGAN CHASE BANK TRAVEL EXPENSE 8.91 JPMORGAN CHASE BANK TRAVEL EXPENSE 7.68 JPMORGAN CHASE BANK TRAVEL EXPENSE 3.90 JPMORGAN CHASE BANK CONRAD FIRE-ROLLER WHEELS 481.74 JPMORGAN CHASE BANK ALERT ALL-FIRE PREV BOOKS 47.00 JPMORGAN CHASE BANK TRAVEL EXPENSE 5.10 JPMORGAN CHASE BANK TRAVEL EXPENSE 8.09 JPMORGAN CHASE BANK TRAVEL EXPENSE 5.89 JPMORGAN CHASE BANK TRAVEL EXPENSE 3.49 TOTAL FIRE SERVICES 3,644.34 ODHS - FIREFIGHT GRANT JPMORGAN CHASE BANK ALERT ALL-FIRE PREV BOOKS 423.00 JPMORGAN CHASE BANK MID AMERICAN-PUBLICATIONS 410.42 TOTAL ODHS - FIREFIGHT GRANT 833.42 EMERGENCY PREPAREDNES SPRINT SPRINT CARDS 49.99 AT&T LONG DISTANCE LONG DISTANCE SERVICE 0.01 TOTAL EMERGENCY PREPAREDNESS 50.00 STREETS SPRINT SPRINT CARDS 149.97 UNIFIRST HOLDINGS LP UNIFORM SERVICE 74.34 UNIFIRST HOLDINGS LP UNIFORM SERVICE 36.24 UNIFIRST HOLDINGS LP UNIFORM SERVICE 34.54 USA MOBILITY WIRELESS, INC PAGER USE 46.20 JPMORGAN CHASE BANK GELLCO-BOOTS 121.49 JPMORGAN CHASE BANK CASECO-SNOW PLOW 5,881.92 TOTAL STREETS 6,344.70 STORMWATER JPMORGAN CHASE BANK P&K EQUIP-IGNITION COIL 65.36 USA MOBILITY WIRELESS, INC PAGER USE 53.90 UNIFIRST HOLDINGS LP UNIFORM SERVICE 59.20 UNIFIRST HOLDINGS LP UNIFORM SERVICE 42.70 UNIFIRST HOLDINGS LP UNIFORM SERVICE 74.34 SPRINT SPRINT CARDS 199.96 JPMORGAN CHASE BANK ACCURATE-WW LICENSE 300.00 TOTAL STORMWATER 795.46 PARKS AT&T LONG DISTANCE LONG DISTANCE SERVICE 1.61 SPRINT SPRINT CARDS 49.99 UNIFIRST HOLDINGS LP UNIFORM RENTAL/CLEANING 32.75 Page 5 Claims List 12/01/09 Budget Unit Title Vendor Name Payable Description Payment Amount PARKS... WASHINGTON CO RURAL WATER DISTRICT WATER SERVICE-MCCARTY 695.80 JPMORGAN CHASE BANK ADT-SECURITY SERVICES 50.91 JPMORGAN CHASE BANK TUCKER-SOAP DISPENSER 10.50 JPMORGAN CHASE BANK ATWOODS- BOOTS 99.99 JPMORGAN CHASE BANK LOWES-LIGHTS 31.91 JPMORGAN CHASE BANK ATWOODS-ANTI FREEZE 128.86 UNIFIRST HOLDINGS LP UNIFORM RENTAL/CLEANING 14.65 UNIFIRST HOLDINGS LP UNIFORM RENTAUCLEANING 14.65 OFFICE DEPOT INC OFFICE SUPPLIES 21.56 JPMORGAN CHASE BANK WORLEYS-RETURN -16.35 JPMORGAN CHASE BANK WORLEYS-MULCH 32.70 TOTAL PARKS 1,169.53 COMMUNITY CENTER IMAGE BUILDERS, INC LED MESSAGE CENTER 10,312.22 TREASURER PETTY CASH KEYS 15.00 AT&T LONG DISTANCE LONG DISTANCE SERVICE 1.42 TOTAL COMMUNITY CENTER 10,328.64 HISTORICAL MUSEUM AT&T LONG DISTANCE LONG DISTANCE SERVICE 1.80 TOTAL HISTORICAL MUSEUM 1.80 ECONOMIC DEV JPMORGAN CHASE BANK WEB SCRIBBLE-HOSTING 19.99 TOTAL ECONOMIC DEV 19.99 FUND GRAND TOTAL 87,244.8 AMBULANCE MEDICLAIMS INC BILLING SERVICES 4,749.35 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 1,525.59 SPRINT SPRINT CARDS 249.95 AT&T MOBILITY WIRELESS SERVICE 82.76 JPMORGAN CHASE BANK OREILLY-FUEL CAP 6.87 JPMORGAN CHASE BANK OREILLY-GAS CAP 3.44 JPMORGAN CHASE BANK ALLMED-SUPPLIES 142.00 JPMORGAN CHASE BANK CVC-SUPPLIES 2,724.73 TOTAL AMBULANCE 9,484.6911 FUND GRAND TOTAL 9,484.6 E911 COMMUNICATIONS INCOG-E911 E911 FEES 5,445.97 TOTAL E911 COMMUNICATIONS 5,445.97 Page 6 Claims List 12/01/09 Budget Unit Title Vendor Name Payable Description Payment Amount FUND GRAND TOTAL 5,445.9 HOTEL TAX - ECON DEV MELODY JOY SMIDDY REPAIR HOLIDAY BANNERS 171.00 HAMPTON CREATIVE, INC BUY OWASSO CAMPAIGN 2,750.00 HAMPTON CREATIVE, INC BUY OWASSO CAMPAIGN 1,677.00 HAMPTON CREATIVE, INC BUY OWASSO CAMPAIGN 607.00 HAMPTON CREATIVE, INC BUY OWASSO CAMPAIGN 607.82 TOTAL HOTEL TAX - ECON DEV 5,812.82 STRONG NEIGHBORHOODS JPMORGAN CHASE BANK DELL-LAPTOP BAG 39.29 SPRINT SPRINT CARDS 37.49 TOTAL STRONG NEIGHBORHOODS 76.78 FUND GRAND TOTAL 5,889.6 CI - STREET REHAB FY09 JPMORGAN CHASE BANK MAXWELL SUPPLY-SEALANT 184.25 JPMORGAN CHASE BANK MAXWELL SUPPLY-SEALANT 184.25 APAC-OKLAHOMA, INC. ASPHALT FOR TYPE I REPAIR 1,233.70 JPMORGAN CHASE BANK EQUIP ONE-RENTAL 136.50 JPMORGAN CHASE BANK PMSI-CRACK SEALANT 1,297.75 JPMORGAN CHASE BANK ROADSAFE-FLEX TABS 225.00 JPMORGAN CHASE BANK ROADSAFE-FLEX TABS 225.00 JPMORGAN CHASE BANK ROADSAFE-FLEX TABS 450.00 JPMORGAN CHASE BANK VANCE BROTHERS-TACK OIL 65.55 TOTAL CI - STREET REHAB FY09 4,002.00 FUND GRAND TOTAL 4,002.0 CITY GARAGE JPMORGAN CHASE BANK AMERIFLEX-BACKHOE PARTS 105.00 JPMORGAN CHASE BANK LENOX WRECKER-TOWING 99.00 YVONNE HOVELL DODGE CHRYSLER JEEP TRUCK PARTS 389.44 O'REILLY AUTOMOTIVE INC TRUCK & VEHICLE PARTS 18.39 O'REILLY AUTOMOTIVE INC TRUCK & VEHICLE PARTS 932.12 T & W TIRE, LP TIRES FOR TRASH TRKS 1,613.68 T & W TIRE, LP TIRES FOR TRASH TRKS 941.52 T & W TIRE, LP TIRES FOR TRASH TRKS 2,092.80 OFFICE DEPOT INC OFFICE SUPPLIES 32.60 AT&T MOBILITY WIRELESS SERVICE 59.20 JPMORGAN CHASE BANK B&M OIL-OIL 451.55 WARREN POWER & MACHINERY, L.P REPAIR SVCS 03 BACKHOE 2,646.40 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 33.27 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 33.27 AT&T LONG DISTANCE LONG DISTANCE SERVICE 2.63 Page 7 Claims List 12/01/09 Budget Unit Title Vendor Name Payable Description Payment Amouni CITY GARAGE... QUALITY TIRE & AUTO SERVICE, LLC WHEEL ALIGN SERVICES 59.95 TOTAL CITY GARAGE 9,510.82 FUND GRAND TOTAL 9,510.8 WORKERS' COMP SELF-INS CITY OF OWASSO IMPREST ACCOUNT WC-CLAIMS RELATED EXP. 289.00 CITY OF OWASSO IMPREST ACCOUNT WC-CLAIMS RELATED EXP. 289.00 CITY OF OWASSO IMPREST ACCOUNT WC-CLAIMS RELATED EXP. 289.00 TOTAL WORKERS' COMP SELF-INS 867.00 WORKERS' COMP SELF-INS CITY OF OWASSO IMPREST ACCOUNT WC-CLAIMS RELATED EXP. 1,058.64 CITY OF OWASSO IMPREST ACCOUNT WC-CLAIMS RELATED EXP. 479.59 CITY OF OWASSO IMPREST ACCOUNT WC-CLAIMS RELATED EXP. 289.00 CITY OF OWASSO IMPREST ACCOUNT WC-CLAIMS RELATED EXP. 1,619.80 CITY OF OWASSO IMPREST ACCOUNT WC-CLAIMS RELATED EXP. 289.00 CITY OF OWASSO IMPREST ACCOUNT WC-CLAIMS RELATED EXP. 1,275.00 CITY OF OWASSO IMPREST ACCOUNT WC-CLAIMS RELATED EXP. 1,308.50 CITY OF OWASSO IMPREST ACCOUNT WC-CLAIMS RELATED EXP. 1,014.56 CITY OF OWASSO IMPREST ACCOUNT WC-CLAIMS RELATED EXP. 289.00 UNITED SAFETY & CLAIMS INC WC-TPA MONTHLY ADMIN FEES 1,550.00 TOTAL WORKERS' COMP SELF-INS 9,173.09 FUND GRAND TOTAL 10,040.0 GEN LIAB-PROP SELF INS FOSTERS PAINT & BODY SHOP, INC TORT CLAIM 3,570.50 TRAVIS SHANE WELLS TORT CLAIM 948.57 STREET LAMPS OF AMERICA LLC TORT CLAIM 147.47 NOBLE FENCE TORT CLAIM 350.00 RANDY STARK BREAK B GONE 05-5 WINDSHIELD REPLACE 450.00 LISA A. STEINMEYER LEGAL SERVICES - DRIVER 674.50 STREET LAMPS OF AMERICA LLC TORT CLAIM 147.47 JEFFREY A. BAXTER TORT CLAIM 300.00 TOTAL GEN LIAB-PROP SELF INS 6,588.51 FUND GRAND TOTAL 6,588.5 CITY GRAND TOTAL $138,206.54 Page 8 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 11/21/09 Department Payroll Expenses Total Expenses Municipal Court 4,586.31 6,117.34 Managerial 19,112.58 25,752.36 Finance 13,007.51 18,847.18 Human Resources 6,109.88 9,053.53 Community Development 8,191.70 10,970.68 Engineering 13,566.05 19,717.97 Information Systems 9,400.58 14,371.60 Support Services 7,501.07 11,090.95 Police 97,656.56 145,250.01 Central Dispatch 10,055.02 16,018.67 Animal Control 2,258.40 3,404.76 Fire 88,643.40 128,716.65 Emergency Preparedness 2,818.43 4,371.64 Streets 7,340.31 11,660.01 Stormwater/ROW Maint. 6,820.03 10,421.59 Park Maintenance 6,663.42 9,720.55 Community-Senior Center 2,865.00 4,622.65 Historical Museum 2,054.82 2,783.40 Economic Development 3,639.32 4,975.90 General Fund Total 312,290.39 457,867.44 Garage Fund Total 4,103.60 6,060.15 Ambulance Fund Total 18,286.18 26,545.74 Emergency 911 Fund Total 3,351.70 5,339.45 Worker's Compensation Total 1,518.72 1,843.26 Strong Neighborhoods 2,102.12 3,086.98 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 12/01/09 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 37,971.33 40, 723.36 78,694.69 653.40 3,139.98 3,793.38 82,488.07 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: ORDINANCE NO. 952 DATE: NOVEMBER 25, 2009 BACKGROUND: At the November 17, 2009 meeting, the Owasso City Council approved OA 09-04, a request for the annexation into the Corporate Limits of the City of Owasso approximately 19 acres located at the northwest corner of US Hwy 20 and North 145 1h East Avenue. Attached is a copy of Ordinance No. 952 that formally adopts the City Council's action of November 17, 2009. The Council took the action on the rezoning request following the Planning Commission's approval on November 9, 2009. RECOMMENDATION: The staff recommends Council approval of Ordinance No. 952. ATTACHMENT: 1. Ordinance No. 952 CITY OF OWASSO ORDINANCE NO. 952 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN THE SOUTWEST QUARTER (SW/4) OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. & M, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, PROVIDED THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHING THE SAME AS PART OF WARD ONE OF SAID CITY AND DIRECTING THE FILING OF THIS ORDINANCE. WHEREAS, pursuant to the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, the City of Owasso is permitted to annex additional territory providing a petition in writing, signed by not less than three-fourths of the legal voters and owners of not less than three-fourths (in value) of the property hereinafter described, the same being contiguous to the corporate limits of the City of Owasso, requesting that said property be annexed and added to the City of Owasso is submitted; and WHEREAS, notice of the presentation of said Petition was given by the Petitioner by publication in the Owasso Reporter, a newspaper of general circulation published in the City of Owasso, Oklahoma, and notice was given that said Petition would be considered by the City Council of the City of Owasso, at a meeting to be held on November 17, 2009 at 6:30 PM at Old Central, Owasso, Oklahoma; and WHEREAS, on the 17t" day of November, 2009, said Petition was duly considered by the City Council and was determined to have complied with the provisions of Title 11, Section 21- 103, et seq., of the Oklahoma Statutes, and further, that proper legal notice of presentation of said petition had been given. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, Section 1. That the following described territory lying in Tulsa County, Oklahoma which is contiguous to the present corporate limits of the City of Owasso and described in the petition presented to the City Council in accordance with the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, and more particularly described as follows, to-wit: The Southwest Quarter of the Southwest quarter of the southwest quarter (SW/4, SW/4, S W/4) of Section 8, Township Twenty-One (21) North, Range Fourteen (14) East of the hldian Base and Meridian According to the U.S. Goveriunent Survey Thereof And; The south half of the north half of the southwest quarter of the southwest quarter (S/2, N/2, SW/4, SW/4) of Section Eight (8) Township Twenty-One (21) North, Range Fourteen (14) East of the Indian Base and Meridian, According to the U.S. Government Survey Thereof. And; The north half, of the north half, of the southwest quarter of the southwest quarter (N/2, N/2, SW/4, SW/4) of Section Eight (8), Township Twenty-One (21) North, Range Fourteen (14) East, of the Indian Base and Meridian, According to the U.S. Government Survey Thereof. be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and real estate. Section 2. That from and after the passage and publication of this Ordinance, the real estate and territory described in Section 1 hereof shall be a part of the City of Owasso, Oklahoma, and in Ward One thereof, and all persons residing therein, and all property situated thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. Section 3. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 4. 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 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 6. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance, together with an accurate map of the territory hereby annexed. PASSED AND APPROVED this I" day of December, 2009. Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: (2'_&i _104kid4. J Ac Lombardi, City Attorney h:a?lN LINE Si< SE/< - - NB8'45'54"E %33.62' + L TO vec.__ --i I I n i I ;I rji I A I I Z Q ~ m ~i rn I~ ~ + W ~ - J OD y_ ~I I I I I v I I ~.r I r ,-I S88'45'54'W 381.50' I I c~ o_ ~I ci a I Oa 91 I I r t,, J o ~ I I >T~ POINT OF COMMENCEMENT & POINT OF (317GINNING 3 .VZE :Q .zN ~Lois. 5g2}wG,~a~?.. _L SOUTHEAST CORNER OF -L+S_U7F-ftSK5395.FC.Jje SECTION 4, T-21-N, R-14-E SOUTH LINE SECTION 4 _ - - S01'1 9'46"E: _ S88.44'45"W 356.81' 40.00' zcm loo n loo tree f IVQI'fh. GRAPHIC SCALE 200• ANNEXATION LEGAL DESCRIPTION: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE/4 SE/4) OF SECTION FOUR (4) TOWNSHIP TWENTY-ONE (%I) NORTH, RANGE FOURTEEN (14) FAST OF THE INDIAN BASE & MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING 1:) THE. U.S. GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: COMMENCING AT THE. SOUTHEAST CORNER OF SAID SECTION 4 SAID POINT BEING THE POINT OF BEGINNING; THENCE S 01'19'46" E ALONG THE EASTERLY LINE THEREOF A DISTANCE OF 40.00 FEET TO A POINT OF THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 20; TNI::NCE S 88'44'45" W ALONG SAID LINE A. DISTANCE OF 356.81 FEET; THENCE N 01'08'13" W A DISTANCE OF 470.06' FEET; THENCE 5 88'45'54" W A DISTANCE OF 381.50 FEET; THENCE N 01'08'13" W A DISTANCE OF 88991 FEET; THENCE N 88'45'54" E A DISTANCE: Of" 673.62 FELT TO A POINT ON THE EASTERLY LINE OF SAID SECTION 4; THENCE S 01'19'46" E ALONG SAID LINE A DISTANCE OF ,519.8')' FEFT TO THE POINT OF BEGINNING. SAID TRACT CONTAINING 821,661 S.F. OR 18.863 ACRES MORE OR LESS. OWASSO LAND TRUST q~b/WE iP►,n,,e., r,,,~ I !C)'am" Eny(rwsrk*,% iw- 14M EW 41 e1lt"- N® OK 7496 TULSA COUNTY- OKLAHOMA EyNbit No , " Tr 1111 e71 187M •r_ c 't`b~ xva , R- rca G 1`3751, 51eneo! G6/30/2011 - CA LEGAL riu~oeew. N'lSO4 Page 1 of 1 #OA 09-04 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: ORDINANCE NO. 953 DATE: NOVEMBER 25, 2009 BACKGROUND: At the November 17, 2009 meeting, the Owasso City Council approved OA 09-03, a request for the annexation into the Corporate Limits of the City of Owasso approximately 30 acres located at the northeast corner of East 1061h Street North and North Garnett Road. Attached is a copy of Ordinance No. 953 that formally adopts the City Council's action of November 17, 2009. The Council took the action on the annexation request following the Planning Commission's approval on November 9, 2009. RECOMMENDATION: The staff recommends Council approval of Ordinance No. 953. ATTACHMENT: 1. Ordinance No. 953 CITY OF OWASSO ORDINANCE NO. 953 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE/4, SE/4) OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. & M, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, PROVIDED THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHING THE SAME AS PART OF WARD ONE OF SAID CITY AND DIRECTING THE FILING OF THIS ORDINANCE. WHEREAS, pursuant to the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, the City of Owasso is permitted to annex additional territory providing a petition in writing, signed by not less than three-fourths of the legal voters and owners of not less than three-fourths (in value) of the property hereinafter described, the same being contiguous to the corporate limits of the City of Owasso, requesting that said property be annexed and added to the City of Owasso is submitted; and WHEREAS, notice of the presentation of said Petition was given by the Petitioner by publication in the Owasso Reporter, a newspaper of general circulation published in the City of Owasso, Oklahoma, and notice was given that said Petition would be considered by the City Council of the City of Owasso, at a meeting to be held on November 17, 2009 at 6:30 PM at Old Central, Owasso, Oklahoma; and WHEREAS, on the 17t" day of November, 2009, said Petition was duly considered by the City Council and was determined to have complied with the provisions of Title 11, Section 21- 103, et seq., of the Oklahoma Statutes, and further, that proper legal notice of presentation of said petition had been given. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, Section 1. That the following described territory lying in Tulsa County, Oklahoma which is contiguous to the present corporate limits of the City of Owasso and described in the petition presented to the City Council in accordance with the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, and more particularly described as follows, to-wit: A tract of land located in the Southeast Quarter of the Southeast Quarter (SE/4, SE/4) of Section Four (4), Township Twenty-One (21) North, Range Fourteen (14) East, of the Indian Base and Meridian, Tulsa County, State of Oklahoma, According to the U.S. Government Survey Thereof, being more particularly described as follows to wit: Commencing at the Southeast Corner of said Section 4 said Point of Beginning; Thence S 01'l 9'46" E along the Easterly line thereof a distance of 40.00 feet to a point on the Southerly Right-of-Way line of State Highway 20; Thence S 88°44'45" W along said line a distance of 356.81 feet; Thence N 0l °08' 13" W a distance of 470.06 feet; Thence S 88°45'54" W a distance of 381.50 feet; Thence North 01'08'13" W a distance of 889.91 feet; Thence N 88°45'54" E a distance of 673.62 feet to a point on the Easterly line of said Section 4; Thence S 01°19'46" E along said Line of Distance of 1319.85 feet to the Point of Beginning. be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and real estate. Section 2. That from and after the passage and publication of this Ordinance, the real estate and territory described in Section 1 hereof shall be a part of the City of Owasso, Oklahoma, and in Ward One thereof, and all persons residing therein, and all property situated thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. Section 3. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 4. 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 frill force and effect. Section 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 6. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance, together with an accurate map of the territory hereby annexed. PASSED AND APPROVED this l5t day of December, 2009. Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: ilie Lombardi, City Attorney E 109th STN 300' Radius Subject Subject Tract A N OA 09-03 0 75 150 300 1 1 1 1 1 1 -n08 21-14 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: ORDINANCE NO. 954 DATE: NOVEMBER 19, 2009 BACKGROUND: At the November 17, 2009 meeting, the Owasso City Council approved OZ 09-02, a request for rezoning from a Residential Duplex (RD) Zoning District to a Commercial Shopping (CS) Zoning District on property located at 113 North Atlanta Street. Attached is a copy of Ordinance No. 954 that formally adopts the City Council's action of November 17, 2009. The Council took the action on the rezoning request following the Planning Commission's approval on November 9, 2009. RECOMMENDATION: The staff recommends Council approval of Ordinance No. 954. ATTACHMENT: 1. Ordinance No. 954 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 954 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ- 09-02 CHANGING THE ZONING OF PROPERTY LOCATED IN SECTION 30, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM A RESIDENTIAL DUPLEX (RD) ZONING DISTRICT TO A COMMERCIAL SHOPPING (CS) ZONING DISTRICT, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested rezoning of application OZ-09-02. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA. Section 1. The zoning classification of the following described property, to wit: Lot 8, Block 11, Original Town of Owasso, City of Owasso, Tulsa County, State of Oklahoma. be, and the same is hereby zoned from Residential Duplex Zoning District to Commercial Shopping Zoning District. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and he 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, together with an accurate map of the territory hereby annexed. PASSED AND APPROVED this 1st day of December, 2009. ATTEST: City of Owasso, Oklahoma Sherry Bishop, City Clerk Stephen Cataudella, Mayor APPROVED AS TO FORM: (a,/,; Am /lie Lombardi, City Attorney D_9 j IL W 4th ST ti y m y y - Z W ATLANTA ST U C) 2 ~ W c - Z - ti y z a W 3rd ST t; 21 - Tfsj G Z E 4th ST Z A y x y 'i Z \~l E 3rd ST E BROADWAY ST (~M R- 1 z to Co W 1st AV E 1st AV ca~c=u~cc~a a ~ y - y U _ m _ y CH I k AG R -I AG GG c s OZ-09-02 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: ORDINANCE NO. 955 DATE: NOVEMBER 19, 2009 BACKGROUND: At the November 17, 2009 meeting, the Owasso City Council approved a request to close a portion of a 25' utility easement on property located in the rear yard of 13800 East 94t" Street North. Attached is a copy of Ordinance No. 955 that formally adopts the City Council's action of November 17, 2009. The Council took the action on this partial utility easement closure following the Planning Commission's approval on November 9, 2009. RECOMMENDATION: The staff recommends Council approval of Ordinance No. 955. ATTACHMENT: 1. Ordinance No. 955 CITY OF OWASSO ORDINANCE NO. 955 ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED IN SECTION 21, 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; WHEREAS, said utility easement is described as follows: A parcel of land in Lot 1, Block 5 of Nottingham Estates III Addition to the City of Owasso, Tulsa County, State of Oklahoma, said parcel being more particularly described as follows: Commencing at the Southeast conger of said Lot l; thence N 17°20'08" E along the easterly line of said Lot 1 a distance of 26.00 feet; thence N 56°42'55" W a distance of 9.88 feet to the Point of Beginning; thence S 59°53'53" W a distance of 13.59 feet; thence N 30°06'07" W a distance of 23.00 feet; thence N 62°52'32" W a distance of 17.27 feet; thence N 38°35'06" W a distance of 11.89 feet; thence S 56°42'55"E a distance of 55.12 feet to the Point of Beginning. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, THE FOLLOWING DESCRIBED PORTION OF SAID UTILITY EASEMENT BE CLOSED TO THE PUBLIC USE: Section 1. A parcel of land in Lot 1, Block 5 of Nottingham Estates III Addition to the City of Owasso, Tulsa County, State of Oklahoma, said parcel being more particularly described as follows: Commencing at the Southeast corner of said Lot l; thence N 17°20'08" E along the easterly line of said Lot 1 a distance of 26.00 feet; thence N 56°42'55" W a distance of 9.88 feet to the Point of Beginning; thence S 59°53'53" W a distance of 13.59 feet; thence N 30°06'07" W a distance of 23.00 feet; thence N 62°52'32" W a distance of 17.27 feet; thence N 38°35'06" W a distance of 11.89 feet; thence S 56°42'55"E a distance of 55.12 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 frill 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 I" day of December, 2009. Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: lie Lombardi, City Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIANN M. STEVENS DEPUTY CITY CLERK SUBJECT: RESOLUTION NO. 2009-12, CALLING FOR A COUNCIL WARD ELECTION DATE: November 24, 2009 BACKGROUND: Pursuant to the provisions of the Owasso City Charter governing the election of City Council members, "the Council shall take action by Resolution to call any necessary Ward Elections". In 2010, such election is required for Ward 5, for a three year term. The staff has prepared Resolution No. 2009-12 which, if approved by the City Council, calls for an election to be conducted for Council Ward 5. In addition, the proposed resolution identifies the process to be followed in order to meet all legal requirements and allows for proper notification to the Tulsa County and Rogers County Election Boards. Please note that the purpose of requesting City Council action at this time is to allow for the required notice to the Tulsa County Election Board. The filing period for interested candidates will be February 1, 2, and 3, 2010. All candidates must file a Declaration of Candidacy form with the Tulsa County Election Board between the hours of 8:00 AM and 5:00 PM on either of these dates. Only qualified electors who reside within the Ward for at least six months prior to filing a declaration of candidacy shall be qualified to hold the office of Council Member for that Ward. The primary election is set by the City Charter and will be held on March 2, 2010. All registered voters residing within the city limits of the City of Owasso may vote in the election. Should one of the candidates not receive the majority of all votes cast for the particular Ward, a general election will be called. The general election, if necessary, will be held on April 6, 2010. The elected Councilor will be sworn into office at the May 4, 2010 regular meeting of the City Council. RECOMMENDATION: Staff recommends Council adoption of Resolution No. 2009-12, calling for an election to be conducted for the purposes of electing City Council representation for Ward 5. ATTACHMENTS: 1. Proposed Resolution No. 2009-12 CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2009-12 NOTICE OF ELECTIONS AND CERTIFICATION WHEREAS, a Primary Election shall be held on the 2°d day of March, 2010 for the purpose of electing an Owasso City Council Member, for the ward and term as follows: WARD NO. TERM 5 3 years WHEREAS, a General Election, if necessary, shall thereafter be held on April 6, 2010 to elect said Council Member. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: 1. That a non-partisan Primary Election for City Council Members, as set out, be held on March 2, 2010. 2. That the General Election thereafter, if necessary, be held on April 6, 2010. 3. Only qualified electors of the City of Owasso who reside in the respective ward shall be qualified to hold the office of Council Member. BE IT FURTHER RESOLVED that the City Council of the City of Owasso, Tulsa County, Oklahoma, hereby certifies to the Tulsa County Election Board that all precincts in Tulsa and Rogers Counties within the city limits of the City of Owasso, Oklahoma are to be opened. The filing period is from February 1, 2010 through February 3, 2010 for the Primary Election. PASSED AND APPROVED this 1" day of December 2009 by the City Council of the City of Owasso, Oklahoma. ATTEST: Stephen Cataudella, Mayor Sherry Bishop, City Clerk J; R~OVED A TO FORM i e Lombardi, City Attorney MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: SHERRY BISHOP ASSISTANT CITY MANAGER SUBJECT: OWRB FINANCING CITY RESOLUTION NO. 2009-13 DATE: November 25, 2009 BACKGROUND: Three major public works projects have been in the planning phases for more than two years. Those projects are finally ready for construction and final financing. The projects are ■ Wastewater Treatment Plant and 117th Street Lift Station Upgrade, ■ East 76th Street North Sanitary Sewer Interceptor, and ■ East 96th Street North Garnett) Regional Detention Facility. Bids, contract approval and financing approval for these projects will be presented to the City Council and/or the OPWA Trustees for consideration on December 1st OWRB FINANCING: The Oklahoma Water Resources Board (OWRB) operates the State Revolving Fund (SRF) loan program and the Financial Assistance Program (FAP). These programs provide low interest financing for eligible water, wastewater and stormwater projects. The OPWA has applied to the OWRB for financing for these projects and has been approved by the OWRB for award of Clean Water State Revolving Fund (CWSRF) loans. Financing will consist of three loans from the OWRB. Each loan will be authorized for "an amount not to exceed." The OPWA will draw funds on the loans as needed for construction of each project. The final loan amounts will be set after each project is completed. ■ Series 2009A Clean Water SRF Promissory Note will provide fiinding for construction of the 96th & Garnett Regional Stormwater Detention facility in an amount not to exceed $1,920,000. ■ Series 2009B Clean Water SRF Promissory Note will provide funding for construction of the WWTP improvements and the 117th Street lift station upgrade in an amount not to exceed $10,960,000. ■ Series 2009C Clean Water SRF Promissory Note will provide funding for the construction of the 76`x' Street North sanitary sewer interceptor in an amount not to exceed $6,085,000. OPWA RESOLUTIONS: OPWA Trustees will consider action on three resolutions. The final version of each resolution will be provided at the meeting on Tuesday night by Allan Brooks (Bond Counsel). Draft resolutions are attached. Each resolution authorizes a Clean Water SRF loan from the OWRB in an "amount not to exceed." Each resolution further affirms the existing security agreements, covenants, lease and sales tax pledge; approves and authorizes payment of fees and expenses; and authorizes the Chairman and Secretary to execute documents and to take further action as required to complete the transaction. OPWA Resolution No. 2009-10 authorizes a loan from the OWRB and the issuance of a Series 2009A Clean Water SRF Promissory Note in an amount not to exceed $1,920,000 to fund construction of the 96"' & Garnett Regional Stormwater Detention facility. OPWA Resolution No. 2009-11 authorizes a loan from the OWRB and the issuance of a Series 2009B Clean Water SRF Promissory Note in an amount not to exceed $10,960,000 to fund construction of the WWTP improvements and the 117"' Street lift station upgrade. OPWA Resolution No. 2009-12 authorizes a loan from the OWRB and the issuance of a Series 2009C Clean Water SRF Promissory Note in an amount not to exceed $6,085,000 to fund construction of the 76`h Street North sanitary sewer interceptor. CITY COUNCIL RESOLUTIONS: Any indebtedness incurred by the OPWA requires City Council approval. Three resolutions will be presented to the City Council approving action taken by the OPWA authorizing issuance of promissory notes to the OWRB. The resolutions further ratify and confine existing agreements between the City and the OPWA. Draft resolutions are attached. City of Owasso Resolution No. 2009-13 approves action taken by the OPWA authorizing the issuance of its Series 2009A Clean Water SRF Promissory Note (detention facility project). City of Owasso Resolution No. 2009-14 approves action taken by the OPWA authorizing the issuance of its Series 2009B Clean Water SRF Promissory Note (WWTP project). City of Owasso Resolution No. 2009-15 approves action taken by the OPWA authorizing the issuance of its Series 2009C Clean Water SRF Promissory Note (76"' sewer interceptor project). RECOMMENDATION: Staff recommends City Council approval of Resolution No. 2009-13 approving action taken by the OPWA relating to the issuance of its Series 2009A Clean Water SRF Promissory Note to the Oklahoma Water Resources Board and containing other provisions relating thereto. ATTACHMENTS: City Council Resolution No. 2009-13 CITY RESOLUTION NO. 2009-13 A RESOLUTION APPROVING ACTION TAKEN BY THE OWASSO PUBLIC WORKS AUTHORITY AUTHORIZING ISSUANCE, SALE AND DELIVERY OF ITS SERIES 2009A CLEAN WATER SRF PROMISSORY NOTE (DETENTION FACILITY PROJECT) TO OKLAHOMA WATER RESOURCES BOARD; RATIFYING AND CONFIRMING A LEASE WHEREBY THE CITY OF OWASSO LEASED TO THE OWASSO PUBLIC WORKS AUTHORITY ITS WATER, SANITARY SEWER, AND GARBAGE AND TRASH COLLECTION SYSTEMS AND THE BAILEY RANCH GOLF CLIP, RATIFYING AND CONFIRMING A SUBORDINATE LIEN SALES T ' C A( REEMENT; AND CONTAINING OTHER PROVISIONS RELATED„TI- FRF.T0 WHEREAS, The Owasso Public Works A adopted December 1, 2009, authorize the issuanW Water SRF Promissory Note (Detention Facility Pr( WHEREAS, the City Council hereby determines should be authorized and approved; and WHEREAS, the City hereby deters accomplishment of the referenced financing NOW, OWASSO, Ol (the "Authority") did,-~ ~y its Resolution and delivery of its Serie 9A Clean K,Oklahoma Water Resouri Board; and other RESOLVED BY THE actions taken by the Authority tin necessary or attendant to the City Council of the City. COUNCIL OF THE CITY OF Section 3. Lea. The Lease dated July 31, 1973, as amended by the Amendment to Lease dated as of July 1, 1996, both by and between the City the Authority (the "Lease"), whereby the City leased to the Borrower its water, sanitary sewer, and garbage and trash collection systems and the Bailey Ranch Golf Club is hereby ratified and confirmed and the term of said Lease shall extend until the 2009A Note is paid. Section 4. Subordinate Lien Sales Tax Agreement. The Subordinate Lien Sales Tax Agreement, dated September 1, 2007, by and between the Authority and the City and pertaining to the year-to-year pledge of the certain sales tax revenue derived from the levy of a two percent (2%) sales tax is hereby ratified and confirmed. Section 5. NecessM Action. That the Mayor or Vice Mayor and City Clerk or Assistant City Clerk be and hereby are authorized and empowered to execute and deliver for and on behalf of the City any and all other documents or instruments reasonably necessary to accomplish the issuance, sale and delivery of the 2009A Note and all other aspects of the transaction. AT] By (SE. 2 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: SHERRY BISHOP ASSISTANT CITY MANAGER SUBJECT: OWRB FINANCING CITY RESOLUTION NO. 2009-14 DATE: November 25, 2009 BACKGROUND: Three major public works projects have been in the planning phases for more than two years. Those projects are finally ready for construction and final financing. The projects are ■ Wastewater Treatment Plant and I I7th Street Lift Station Upgrade, ■ East 76th Street North Sanitary Sewer Interceptor, and ■ East 96th Street North Garnett) Regional Detention Facility. Bids, contract approval and financing approval for these projects will be presented to the City Council and/or the OPWA Trustees for consideration on December 1St OWRB FINANCING: The Oklahoma Water Resources Board (OWRB) operates the State Revolving Fund (SRF) loan program and the Financial Assistance Program (FAP). These programs provide low interest financing for eligible water, wastewater and stormwater projects. The OPWA has applied to the OWRB for financing for these projects and has been approved by the OWRB for award of Clean Water State Revolving Fund (CWSRF) loans. Financing will consist of three loans from the OWRB. Each loan will be authorized for "an amount not to exceed." The OPWA will draw finds on the loans as needed for construction of each project. The final loan amounts will be set after each project is completed. ■ Series 2009A Clean Water SRF Promissory Note will provide funding for construction of the 96th & Garnett Regional Stonnwater Detention facility in an amount not to exceed $1,920,000. ■ Series 2009B Clean Water SRF Promissory Note will provide funding for construction of the WWTP improvements and the 117th Street lift station upgrade in an amount not to exceed $10,960,000. Series 2009C Clean Water SRF Promissory Note will provide funding for the construction of the 76th Street North sanitary sewer interceptor in an amount not to exceed $6,085,000. OPWA RESOLUTIONS: OPWA Trustees will consider action on three resolutions. The final version of each resolution will be provided at the meeting on Tuesday night by Allan Brooks (Bond Counsel). Draft resolutions are attached. Each resolution authorizes a Clean Water SRF loan from the OWRB in an "amount not to exceed." Each resolution further affirms the existing security agreements, covenants, lease and sales tax pledge; approves and authorizes payment of fees and expenses; and authorizes the Chairman and Secretary to execute documents and to take further action as required to complete the transaction. OPWA Resolution No. 2009-10 authorizes a loan from the OWRB and the issuance of a Series 2009A Clean Water SRF Promissory Note in an amount not to exceed $1,920,000 to fund construction of the 96th & Garnett Regional Stormwater Detention facility. OPWA Resolution No. 2009-11 authorizes a loan from the OWRB and the issuance of a Series 2009B Clean Water SRF Promissory Note in an amount not to exceed $10,960,000 to fund construction of the WWTP improvements and the 117th Street lift station upgrade. OPWA Resolution No. 2009-12 authorizes a loan from the OWRB and the issuance of a Series 2009C Clean Water SRF Promissory Note in an amount not to exceed $6,085,000 to fund construction of the 76th Street North sanitary sewer interceptor. CITY COUNCIL RESOLUTIONS: Any indebtedness incurred by the OPWA requires City Council approval. Three resolutions will be presented to the City Council approving action taken by the OPWA authorizing issuance of promissory notes to the OWRB. The resolutions further ratify and confirm existing agreements between the City and the OPWA. Draft resolutions are attached. City of Owasso Resolution No. 2009-13 approves action taken by the OPWA authorizing the issuance of its Series 2009A Clean Water SRF Promissory Note (detention facility project). City of Owasso Resolution No. 2009-14 approves action taken by the OPWA authorizing the issuance of its Series 2009B Clean Water SRF Promissory Note (WWTP project). City of Owasso Resolution No. 2009-15 approves action taken by the OPWA authorizing the issuance of its Series 2009C Clean Water SRF Promissory Note (76`' sewer interceptor project). RECOMMENDATION: Staff recommends City Council approval of Resolution No. 2009-14 approving action taken by the OPWA relating to the issuance of its Series 2009B Clean Water SRF Promissory Note to the Oklahoma Water Resources Board and containing other provisions relating thereto. ATTACHMENTS: City Council Resolution No. 2009-14 CITY RESOLUTION NO 2009-14 A RESOLUTION APPROVING ACTION TAKEN BY THE OWASSO PUBLIC WORKS AUTHORITY AUTHORIZING ISSUANCE, SALE AND DELIVERY OF ITS SERIES 2009B CLEAN WATER SRF PROMISSORY NOTE (WASTEWATER TREATMENT PLANT PROJECT) TO OKLAHOMA WATER RESOURCES BOARD; RATIFYING AND CONFIRMING A LEASE WHEREBY THE CITY OF OWASSO LEASED TO THE OWASSO PUBLIC WORKS AUTHORITY ITS WATER, SANITARY SEWS, AND GARBAGE AND TRASH COLLECTION SYSTEMS AND THE BEY RANCH GOLF CLUB; RATIFYING AND CONFIRMING A SUBC,kDINA" LIEN SALES TAX AGREEMENT; AND CONTAINING OTHERPROVIST'PS RELATED THERETO. NOW, THEREFORE , BE RESOLVED THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA i SeIion 1 Issue of I~ That the issuance, sale and delivery of The Owasso Public Works ~~thority, Tulsa I~nty, C)l~ oa, Series 2009B Clean Water SRF Promissory Note (blast' ~ Treatment Plant""`p'roject) Tc~ `Oklahoma Water Resources Board in a principal amount of $ 00 (the "200 Note'), al l as approved by said Authority on December 1, 2009, be and hereby is auorized appraVed and ratified. Section 2. A 'nova' That all actions heretofore taken by the Authority in connection with the issuance, sale and cTiVery of the 2009B Note and all other aspects of the transaction be and are hereby authorized, approved and ratified. Section 3. Lease. The Lease dated July 31, 1973, as amended by the Amendment to Lease dated as of July 1, 1996, both by and between the City the Authority (the "Lease"), whereby the City leased to the Borrower its water, sanitary sewer, garbage and trash collection systems and the Bailey Ranch Golf Club is hereby ratified and confirmed and the term of said Lease shall extend until the 2009B Note is paid. Section 4. Subordinate Lien Sales Tax Agreement. The Subordinate Lien Sales Tax Agreement, dated September 1, 2007, by and between the Authority and the City and pertaining to the year-to-year pledge of the certain sales tax revenue derived from the levy of a two percent (2%) sales tax is hereby ratified and confirmed. Section 5. Necessary Action. That the Mayor or Vice Mayor and City Clerk or Assistant City Clerk be and hereby are authorized and empowered to execute and deliver for and on behalf of the City any and all other documents or instruments reasonably necessary to accomplish the issuance, sale and delivery of the 2009B Note and all other aspects of the,tmnsaction. PASSED AND APPROVED THIS 1 " DAY OF ATTEST: By (SEAL) 2 MEMORANDUM TO: FROM: SUBJECT: DATE: BACKGROUND: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO SHERRY BISHOP ASSISTANT CITY MANAGER OWRB FINANCING CITY RESOLUTION NO. 2009-15 November 25, 2009 Three major public works projects have been in the planning phases for more than two years. Those projects are finally ready for construction and final financing. The projects are- Wastewater Treatment Plant and 117th Street Lift Station Upgrade, ■ East 76th Street North Sanitary Sewer Interceptor, and ■ East 961h Street North Garnett) Regional Detention Facility. Bids, contract approval and financing approval for these projects will be presented to the City Council and/or the OPWA Trustees for consideration on December 1't. OWRB FINANCING: The Oklahoma Water Resources Board (OWRB) operates the State Revolving Fund (SRF) loan program and the Financial Assistance Program (FAP). These programs provide low interest financing for eligible water, wastewater and stormwater projects. The OPWA has applied to the OWRB for financing for these projects and has been approved by the OWRB for award of Clean Water State Revolving Fund (CWSRF) loans. Financing will consist of three loans from the OWRB. Each loan will be authorized for "an amount not to exceed." The OPWA will draw funds on the loans as needed for construction of each project. The final loan amounts will be set after each project is completed. Series 2009A Clean Water SRF Promissory Note will provide funding for construction of the 96t1i & Garnett Regional Stormwater Detention facility in an amount not to exceed $1,920,000. ■ Series 2009B Clean Water SRF Promissory Note will provide funding for construction of the WWTP improvements and the 117`" Street lift station upgrade in an amount not to exceed $10,960,000. ■ Series 2009C Clean Water SRF Promissory Note will provide funding for the constriction of the 76t" Street North sanitary sewer interceptor in an amount not to exceed $6,085,000. OPWA RESOLUTIONS: OPWA Trustees will consider action on three resolutions. The final version of each resolution will be provided at the meeting on Tuesday night by Allan Brooks (Bond Counsel). Draft resolutions are attached. Each resolution authorizes a Clean Water SRF loan from the OWRB in an "amount not to exceed." Each resolution further affirms the existing security agreements, covenants, lease and sales tax pledge; approves and authorizes payment of fees and expenses; and authorizes the Chairman and Secretary to execute documents and to take further action as required to complete the transaction. OPWA Resolution No. 2009-10 authorizes a loan from the OWRB and the issuance of a Series 2009A Clean Water SRF Promissory Note in an amount not to exceed $1,920,000 to fund construction of the 96th & Garnett Regional Stormwater Detention facility. OPWA Resolution No. 2009-11 authorizes a loan from the OWRB and the issuance of a Series 2009B Clean Water SRF Promissory Note in an amount not to exceed $10,960,000 to fund construction of the WWTP improvements and the 117th Street lift station upgrade. OPWA Resolution No. 2009-12 authorizes a loan from the OWRB and the issuance of a Series 2009C Clean Water SRF Promissory Note in an amount not to exceed $6,085,000 to fund construction of the 76th Street North sanitary sewer interceptor. CITY COUNCIL RESOLUTIONS: Any indebtedness incurred by the OPWA requires City Council approval. Three resolutions will be presented to the City Council approving action taken by the OPWA authorizing issuance of promissory notes to the OWRB. The resolutions further ratify and confirm existing agreements between the City and the OPWA. Draft resolutions are attached. City of Owasso Resolution No. 2009-13 approves action taken by the OPWA authorizing the issuance of its Series 2009A Clean Water SRF Promissory Note (detention facility project). City of Owasso Resolution No. 2009-14 approves action taken by the OPWA authorizing the issuance of its Series 2009B Clean Water SRF Promissory Note (WWTP project). City of Owasso Resolution No. 2009-15 approves action taken by the OPWA authorizing the issuance of its Series 2009C Clean Water SRF Promissory Note (76`" sewer interceptor project). RECOMMENDATION: Staff recommends City Council approval of Resolution No. 2009-15 approving action taken by the OPWA relating to the issuance of its Series 2009C Clean Water SRF Promissory Note to the Oklahoma Water Resources Board and containing other provisions relating thereto. ATTACHMENTS: City Council Resolution No. 2009-15 CITY RESOLUTION NO. 2009-15 A RESOLUTION APPROVING ACTION TAKEN BY THE OWASSO PUBLIC WORKS AUTHORITY AUTHORIZING ISSUANCE, SALE AND DELIVERY OF ITS SERIES 2009C CLEAN WATER SRF PROMISSORY NOTE (76TH STREET INTERCEPTOR PROJECT) TO OKLAHOMA WATER RESOURCES BOARD; RATIFYING AND CONFIRMING A LEASE WHEREBY THE CITY OF OWASSO LEASED TO THE OWASSO PUBLIC WORKS AUTHORITY ITS WATER, SANITARY SEWER, AND GARBAGE AND TRASH COLLECTION SYSTEMS AND THE BAILEY RANCH GOLF CL[ m-RATIFYING AND CONFIRMING A SUBORDINATE LIEN SALES T Ad EMENT; AND CONTAINING OTHER PROVISIONS RELATED TT RF.T0 ' WHEREAS, The Owasso Public Works Au adopted December 1, 2009, authorize the issuanec, Water SRF Promissory Note (76"' Street Interceptor and WHEREAS, the City Council should be authorized and approved; and WHEREAS, the City hereby accomplishment of the referq ; fim NOW, OWASSO, 01 L (the "Authority") d, its Resolution and delivery of its 1, 09C Clean t) to Oklahoma Water Rgsources Board; s that lh6, tions taken by the Authority tion necessary or attendant to the City Council of the City. Y THE CITY COUNCIL OF THE CITY OF Section 3. Lease. The Lease dated July 31, 1973, as amended by the Amendment to Lease dated as of July 1, 1996, both by and between the City the Authority (the "Lease"), whereby the City leased to the Borrower its water, sanitary sewer, garbage and trash collection systems and the Bailey Ranch Golf Club is hereby ratified and confirmed and the term of said Lease shall extend until the 2009C Note is paid. Section 4. Subordinate Lien Sales Tax Agreement. The Subordinate Lien Sales Tax Agreement, dated September 1, 2007, by and between the Authority and the City and pertaining to the year-to-year pledge of the certain sales tax revenue derived from the levy of a two percent (2%) sales tax is hereby ratified and confirmed. Section 5. Necessary Action. That the Mayor or Vice Mayor and City Clerk or Assistant City Clerk be and hereby are authorized and empowered to execute and deliver for and on behalf of the City any and all other documents or instruments reasonably necessary to accomplish the issuance, sale and delivery of the 2009C Note and all other aspects of the transaction. PASSED AND APPROVED THIS 1sT DAY OF DE CITY OF OWASSO, OKLAHOMA By ATTEST: By City Clerk (SEAL) MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: STEVEN F. ALBERT, P.E. CITY ENGINEER SUBJECT: RECOMMENDATION FOR CONTRACT AWARD GARNETT REGIONAL DETENTION FACILITY DATE: November 25, 2009 BACKGROUND: In accordance with the 2005 Stormwater Master Plan, the Garnett Regional Detention project includes the construction of a 67-acre-foot regional detention facility with conveyance systems, to remediate drainage issues in Ator Heights and to provide additional storage capacity for future development. The detention facility will be located west of the Smith Farm Market in the Northeast 1/4 of the Northeast '/4 of Section 19 (T21N, R14E). It is directly south of Caudle Estates and the Caudle Commercial Center, East of Fairways III Extended and north of Ator Heights Fourth Addition. In August 2007, City Council approved an Engineering Services Agreement with Meshek and Associates, LLC for the preparation of construction documents for the Regional Detention Facility and other upstream improvements for a sum not to exceed $150,000. Additionally, in June 2009, the City Council approved amendment No. 1 for additional services necessary in the design phase and for work required to undertake in the construction phase to support the completion of the project. Design phase services total $27,330 and construction phase services total $21,670. The revised total compensation for the contract as amended was $199,000. In February 2009, the Oklahoma Department of Environmental Quality issued the required Water Quality 401 Certification (See Attachment A). In addition, the U.S. Army Corps of Engineers issued the required permit to construct in May 2009 (See Attachment B). SOLICITATION OF BIDS: An advertisement was published in the Tulsa World Newspaper on October 10, 2009 and October 17, 2009 to solicit bids for the constriction of the regional detention facility. A mandatory pre-bid meeting was held October 29, 2009, with twelve general contractors in attendance. Five bids were received and opened on November 9, 2009. A summary of the bid results is included (Attachment C). After a thorough review of all bids, City staff and Meshek and Associates met with the lowest bidding contractor, Ira M. Green, to verify that their bid accurately reflected the grading required for the project. Staff was advised the contractor assumed in their bid proposal that the project grading quantities would approximately balance on the site. Staff provided the contractor with the consultant's analysis indicating the project would have been between 20,000 and 40,000 cubic yards of material to be hauled off the site. Upon review of this additional information, Ira M. Green requested they be allowed to withdraw their bid. They admitted they had not accounted for at least $225,000 of the estimated costs. Thus, staff proceeded to review the remaining bid proposals. The second low bidder, Cherokee Builders of Tulsa, Oklahoma, submitted a bid amount of $1,525,006. Cherokee Builders has met all requirements of the bidding process. The Engineer's Estimate prepared by Meshek and Associates in October 2009 is $2,267,962.89 for the total base bid. FUNDING: Funding for this project will be obtained from the American Recovery and Reinvestment Act of 2009. RECOMMENDATION: Staff recommends City Council award a contract for the construction of the Garnett Regional Detention Facility to Cherokee Builders in the total amount of $1,525,006 and authorize the Mayor to execute the construction contract. ATTACHMENTS: A. Water Quality 401 Certification B. U.S. Army Corps of Engineers Permit to Construct C. Bid Summary D. Site Map ATTACHMENT A W.- 0 K L A H 0 M A STEVEN A. THOMPSON DEPARTMENT OF ENVIRONMENTAL GLALITY Executive Director OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY February 25, 2009 Mr. Roger Stevens Public Works Director City of Owasso 301 West 2nd Avenue PO Box 180 Owasso, OK 74055 RE: Application No. SWT-2007-956 Dear Mr. Stevens: BRAD HENRY Governor We have received your request for a Water Quality Certification under Section 401 of the Federal Water Pollution Control Act (Public Law (P.L.) 92-500), as amended by the Clean Water Act of 1977 (P.L. 95-217), for activities to be permitted under Section 404 of the Act. On January 30and February 23, 2009 we received additional information concerning the 401 water quality certification for the above referenced project- The Department of Environmental Quality rules governing 401 Certification are contained in Oklahoma Administrative Code (OAC) 252:611-3-1 through 252:611-3-6 pursuant to 27A Oklahoma. Statute, Section 2-6-103(0(2). For copies of the Department's rules and regulations related to the 401 procedures, please contact the Customer Assistance Division at (405) 702- 9100 or online atwww.deq.state.ok.us/rules/2001-61 Lpdf. We. have reviewed and examined the proposed project as described in Public Notice No. SWT-2007-956, your application, and the additional information you submitted. The unnamed tributary of Ranch Creek and associated wetlands are assigned the following default beneficial uses through the Oklahoma Water Quality Standards (WQS): Warm Water Aquatic Community, Agriculture: Livestock and Irrigation, Primary Body Contact Recreation, and Aesthetics (OAC 785:45-5-3). To obtain a copy of the most recent version of the Oklahoma WQS, please contact the Oklahoma Water Resources Board at (405) 530-8800. The application is for the construction of a regional detention pond. Work would impact approximately 2.45 acres of "waters of the United States", including six wetland areas totaling 1.78 acres, 1,468 linear feet of creek (0.25 acre), and 0.42 acre of pond area, through placement of fill material below the ordinary high water mark. The applicant would excavate approximately 90,000 cubic yards (cys) of soil and rock from the proposed project site. Approximately 700 linear feet of embankment would be constructed with 17,000 cys of fill materials retrieved during excavation. The embankment would be 15 feet tall with a top width of 12 feet, flanked by 4:1 opposing sideslopes. Approximately 1,200 linear feet of the top width would be overlain with a 6-inch traffic bound surface course that would be utilized as an access trail. A 150-foot auxiliary spillway and two 6 by 4 foot reinforced concrete block principal spillways would be constructed to facilitate controlled releases of flows. The detention facility's storage volume would be 100 acre-feet. Approximately 50 percent of the storage volume would be used as compensatory storage for upstream developments. The remaining 50 percent would be used to mitigate flooding downstream of the proposed project site. Temporary erosion control measures would consist of seeding, grade stabilization structures, berms, dikes, and straw bales. Permanent erosion control measures would consist of solid slab sod and hydromulch seeding, including Bermuda grass, tall fescue, and weeping lovegrass. The originally proposed compensatory mitigation plan for the unavoidable impacts to aquatic resources claims to include the construction of 825 linear feet of creek, a 2-acre wetland pond area, 3.01 acres of wetlands, and 1.66 acres of wetland buffer. 107 NORTH ROBINSON, P.O. BOX 1611, OKLAHOMA CITY, OKLAHOMA 73101-1677 printed on recycled paper with soy ink Page 2 City of Owasso Application No. SWT-2007-956 The project is located on an unnamed tributary of Ranch Creek in the Northeast 1/4 of Section 19, Township 21 North, Range 14 East, in Tulsa County, Oklahoma. The project site can be found on the Collinsville, Oklahoma 7.5 Minute USGS Quadrangle map. The certification for this project was denied on December 18, 2008 due to the unresolved issue of inadequate compensation for the loss of beneficial uses assigned to the unnamed tributary of Ranch Creek and surrounding wetlands. On February 23, 2009 additional off-site mitigation plan was submitted by the applicant. The plan included a restoration and preservation of 575 feet (0.55 acres) of stream channel approximately 2000 feet downstream of the project as well as restoration of two small drainage channels. Since the issue that led to the denial has been resolved, the DEQ has reconsidered the denial and now issues the certification for the project in question. The conditions attached to this Conditional Certification will be the same terms of any 404 permit. The state may require compliance with these conditions under state and/or federal law. Failure to comply with the conditions or any other applicable state requirements may result in proceedings brought by the state for the suspension, termination, modification or revocation of this Certification and/or for injunctive relief, damages and/or penalties as allowed by law. This Certification may be revoked or modified upon subsequent amendments or revisions to Oklahoma's Water Quality Standards requirements or upon expiration of the federal permit for the described activity. This conditioned Water Quality Certification does not supersede the requirements of a Section 404 permit from the U.S. Army Corps of Engineers, a permit required by the local floodplain board, or any other permit required for this project. The certification is granted subject to the following conditions: 1) All spills of fuel or other pollutants in excess of five gallons shall be reported to the DEQ, within twenty-four (24) hours, to the pollution prevention hotline at 1-800-522-0206. 2) All fueling and servicing of vehicles and equipment shall be done above the Ordinary High Water Mark (OHWM). 3) Activities authorized by Department of the Army permits sometimes require floodplain development . permits. Communities participating in the National Flood Insurance Program are required by that program to review all proposed development to determine if a flood plain permit is required. 4) Permittees shall provide access to the property to the DEQ for inspection purposes. 5) Any material and fuels used in the project shall be stored and/or stockpiled above the Ordinary High Water Mark (OHWM) and shall be removed from a likely flood zone prior to any predicted flood. 6) Approved 96th & Garnett Regional Detention Pond Mitigation plan and February 23, 2009 additional off-site mitigation plan are in place and shall be implemented to address all impacts to the riparian and aquatic environments being lost due to the project. If you have any questions concerning this matter, please contact Elena Jigoulina at 405-702-8200. Sincerely, M k Derichsweiler, P.E., Engineering Manager Watershed Planning and Storm Water Permitting Section Water Quality Division ATTACHMENT B DEPARTMENT OF THE ARMY PERMIT Permittee: Mr. Roger Stevens Public Works Director City of Owasso 301 West 2°d Avenue Office Box 180 Owasso, OK 74055 Permit No.: SWT-2007-956 Issuing Office: U.S. Army Corps of Engineers, Tulsa District, Regulatory NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: The applicant shall construct a Regional Detention Pond. Impacts shall be approximately 2.45 acres of "waters of the United States", including six wetland areas totaling 1.78 acres, 1,468 linear feet of creek (0.25 acre), and 0.42 acre of pond area, through placement of fill material below the ordinary high water mark. The applicant shall excavate approximately 90,000 cubic yards (cys) of soil and rock from the project site. Approximately 700 linear feet of embankment shall be constructed with 17,000 cys of fill materials retrieved during excavation. The embankment shall be 15 feet tall with a top width of 12 feet flanked by 4:1 opposing sideslopes. Approximately 1,200 linear feet of the top width shall be overlain with a 6-inch traffic bound surface coarse that shall be utilized as an access trail. A 150-foot auxiliary spillway and two 6- by 4-foot reinforced-concrete block principle spillways shall be constructed to facilitate controlled release of flows. The detention facility's storage volume shall be 100 acre-feet. Approximately 50 percent of the storage volume shall be used as compensatory storage for upstream developments. The remaining 50 percent shall be used to mitigate flooding downstream of the project site. Temporary erosion control measures shall consist of seeding, grade stabilization structures, berms, dikes, and straw bales. Permanent erosion control measures shall consists of solid slab sod and hydromulch seeding; including, Bermuda grass, Tall Fescue, and Weeping Lovegrass. All work will be performed in accordance with the enclosed plans (Enclosures 1-through 7). Project Location: The project site shall be located on a portion of an undeveloped parcel of land situated south and west of the intersection at East 96th Street North and North Garnett Road in Owasso, Oklahoma. The project shall be located within an unnamed tributary of Ranch Creek, in the Northeast '/4 of Section 19, Township 21 North, Range 14 East, Tulsa County, Oklahoma. The project site can be located on the Collinsville, Oklahoma, 7.5 minute USGS Quadrangle. Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on March 31, 2014. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least lmonth before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (APPENDIX A)) 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: 1. Permittee Construction Schedule: Prior to commencing construction, you shall complete and return the "Permittee Construction Schedule" form. Should construction be initiated prior to 30 days from validation of this permit, return the completed form as soon as possible. If you prefer, you may telephone 918 669 7400 to inform the U.S. Army Corps of Engineers (Corps) regarding the construction start date. A copy of the "Permittee Construction Schedule" form will accompany the validated permit and final authorization letter. 2. Compliance Certification: Following completion of the authorized activity, the pennittee shall submit a signed certification regarding the completed work and any required mitigation. A copy of the "Pennittee Compliance Certification" form will accompany the validated permit and final authorization letter. 3. Mitigation Plan: The permittee shall adhere to the submitted mitigation plan of August 19, 2008 (amended December 9, 2008), including: a. Stream Reestablishment: To compensate for unavoidable impacts to 1,166 linear feet of stream, the pennittee shall reestablish 866 linear feet of stream. The newly established stream segment shall follow the existing stream alignment with Ranch Creek tributary, both upstream and downstream. b. Pond Creation: To compensate for unavoidable impacts to a 0.42-acre pond area, the pennittee shall create a 1.97-acre pond adjacent to and continuous with the reestablished stream channel. c. Wetland Creation: To compensate for unavoidable impacts to 1.78 acres of wetland area, the pennittee shall reestablish 3.01 acres of wetland area along both banks adjacent to the newly excavated stream channel. The permittee shall preserve previously existing hydric soils; these hydric soils shall be reused to establish an acceptable medium for hydrophytic vegetation propagation. d. Planting Plan: To reestablish a diverse ecosystem of native plant species that reflect the original displaced resources and other natural systems within the project area, a 4.67-acre riparian buffer shall be established in association with the reestablished stream channel. The pennittee shall adhere to the planting plan as defined in the submitted mitigation plan. The permittee shall organize the planting based on a 100-square foot (10- by 10 foot squares) planting unit. Each unit shall be planted to a specified ratio of large trees (total plants = 412), understory trees and large shrubs (total plants = 791), and small shrubs and woody vines (total plants = 2,255). e. Site Protection Instrument: The permittee shall dedicate this area, in perpetuity, as an aquatic ecosystem preserve and submit deed restriction confirmation documents to the Corps. f. Mitigation Performance Standards: The pennittee shall achieve 80 percent wetland and/or aquatic plant species ground cover for the re-established wetland and riparian areas after 5 years. g. Mitigation Monitoring and Reporting: The permittee shall monitor mitigation activities for no less than 5 years. The penmittee shall conduct monitoring inspections corresponding to spring, summer, and fall seasons; any deficiencies identified shall be rectified as soon as practicable. Mitigation site monitoring reports shall be submitted annually to the Corps, and shall not exceed 10 pages (including photos). Monitoring reports shall be formatted in accordance with requirements set forth in the Corps, Tulsa District, Aquatic Resource Mitigation and Monitoring Guidelines (http://www.swt.usace.annv.mil/l)ennits/Mitigation.cfrn). 4. Erosion and Sediment Control: Properly installed erosion control measures, such as staked hay bales or silt screen barriers, shall be incorporated and maintained to curtail unnecessary turbidity in receiving waters. Erosion control measures shall be inspected by the permittee after every storm event and repaired as necessary within 24 hours. Accumulations of sediment will be removed from silt fences when it reaches 1/3 the height of the fence. Long slopes may require multiple barriers to effectively control sediment. Barriers shall remain in place and effective until sufficient vegetation coverage on exposed areas is established. 5. Archeological Survey: Based on the topographic and hydrologic setting of the project site, archeological materials are likely to be encountered. The permittee shall conduct an archeological field inspection prior to project commencement. If archaeological resources are encountered, the permittee shall notify the Oklahoma Archeological Survey. 6. Flood Plains: All construction, both final and temporary, shall conform to existing local, State, and Federal flood plain management ordinances. The permittee shall contact the Tulsa County Floodplain Administrator for a determination as to whether a Floodplain Development Permit would be required. Further Information: Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or authorized by this permit structures caused by the activity . d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this pen-nit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terns and conditions of this pen-nit. 1. 7- 0? (PERMITT E) (DATE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has sinned below. (DISTRICT ENGINEER) Anthony . Funkhoer, P.E. Colonel, U.S. Army r District Commander (DATE) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) 4