HomeMy WebLinkAbout2010.07.20_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
TYPE OF MEETING: Regular
DATE: July 20, 2010
TIME: 6:30 p.m.
PLACE: Council Chambers, Old Central Building
109 N. Birch
Notice and agenda filed in the office of the City Clerk and posted at City Hall at 6:00 p.m. on
Friday, July 16, 2010.
Sherry Bishop, City Clerk
AGENDA
1. Call to Order
Mayor Doug Bonebrake
2. Invocation
Reverend Bruce McCarty, Owasso First Assembly of God
3. Flag Salute
4. Roll Call
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 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 July 6, 2010 Regular Meeting and the July 13, 2010 Special
Meeting.
Attachment # 5 -A
B. Approval of Claims.
Attachment # 5 -B
C. Acknowledge receipt of the monthly FY 2010 -11 budget status report.
Attachment # 5 -C
6. Consideration and appropriate action relating to items removed from the Consent
Agenda.
7. Consideration and appropriate action relating to a request for City Council
acceptance of a donation from the Area Prevention Resource Center, and approval of
a supplemental appropriation in the Police Services budget, increasing estimated
revenues and increasing the appropriation for expenditures in the amount of $2,000.
Mr. Yancey
Attachment # 7
Staff recommends City Council acceptance of the donation and approval of a supplemental
appropriation in the Police Services budget.
8. Consideration and appropriate action relating to a request for City Council
acceptance of the State Energy Program (SEP) American Recovery and Reinvestment
Act (ARRA) grant and authorization for the Mayor to execute all required
documentation.
Mr. White
Attachment # 8
Staff recommends City Council acceptance of the SEP ARRA funding grant in the amount
of $1,450,000, with a total contract amount of $1,750,00; and authorization for the Mayor
to execute all required documentation.
9. Consideration and appropriate action relating to a request for City Council approval
of Ordinance No. 968, adopting and approving the water rates as set by Owasso
Public Works Authority Resolution No. 2010 -04 and the sanitary sewer services rates
as set by Owasso Public Works Authority Resolution No. 2010 -05.
Ms. Bishop
Attachment # 9
Staff recommends City Council approval of Ordinance No. 968, adopting and approving
water rates to become effective October 1, 2010, contingent upon OPWA Trustee adoption
of Resolution No. 2010 -04; and adopting and approving sanitary sewer service rates to
become effective October 1, 2010, contingent upon OPWA Trustee adoption of Resolution
No. 2010 -05.
10. Consideration and appropriate action relating to a request for City Council approval
of Resolution No. 2010 -09, adopting rates for stormwater service, and establishing
effective dates.
Ms. Bishop
Attachment # 10
Staff recommends City Council approval of Resolution No. 2010 -09.
11. Consideration and appropriate action relating to a request for City Council approval
of an easement closure on Tulsa Tech property located 1/4 of a mile north of East 106t"
Street North and just due east of the Owasso Expressway.
Ms. Darnaby
Attachment # 11
Staff recommends City Council approval of the Tulsa Tech easement closure.
12. Consideration and appropriate action relating to a request for City Council approval
of the Carrington Pointe I Final Plat.
Ms. Darnaby
Attachment # 12
Staff recommends City Council approval of the Carrington Pointe I Final Plat.
13. Consideration and appropriate action relating to a request for City Council approval
of Resolution No. 2010 -10, requesting the Oklahoma Department of Transportation
(ODOT) consider the selection of the East 76th Street North Improvement Project as a
candidate for federal funding assistance through the Surface Transportation
Program.
Mr. Stevens
Attachment # 13
Staff recommends City Council approval of Resolution No. 2010 -10.
14. Consideration and appropriate action relating to a request for City Council approval
of an agreement between Oklahoma Natural Gas Company (ONG) and the City of
Owasso in the amount of $988,502, for Gas Facilities Relocation for the East 86th
Street North from Main to Memorial Project; authorization for the Mayor to execute
the document; and approval of authority for the City Manager to terminate the
agreement.
Mr. Stevens
Attachment # 14
Staff recommends City Council approval of an agreement between ONG and the City of
Owasso; authorization for the Mayor to execute the document; and approval of authority
for the City Manager to terminate the agreement if revised estimates exceed the contract
amount prior to construction, and it is determined by the City Manager that the revised
estimate no longer fits within the City budget.
15. Consideration and appropriate action relating to a request for City Council approval
of the FY 2009 -2010 Street Rehabilitation Program project listing.
Mr. Stevens
Attachment # 15
Staff recommends City Council approval of the FY 2009 -2010 Street Rehabilitation
Program project listing.
16. Consideration and appropriate action relating to a request for City Council
confirmation of the Mayor's appointments to various Boards and Commissions.
Mayor Bonebrake
Attachment # 16
Staff recommends City Council confirmation of the Mayor's appointments to various
committees.
17. Consideration and appropriate action relating to a request for City Council approval
of Ordinance No. 969, amending Part 2, Administration and Government, Chapter 4,
Rules of Procedure for the City Council, by amending Sections 2 -402, Regular
Meeting, and 2 -409, Order of Business, of the Code of Ordinances of the City of
Owasso, Oklahoma.
Ms. Lombardi
Attachment # 17
Staff recommends City Council approval of Ordinance No. 969.
18. Consideration and appropriate action relating to a request for City Council approval
of Ordinance No. 970, repealing Part 11, Parks, Recreation & Cultural Affairs,
Chapter 1, Administration and Control of Parks, Sections 11 -101, 11 -102, 11 -103, 11-
104, 11 -105, 11 -106, 11 -107, 11 -108, 11 -109, 11 -111, 11 -114 and 11 -115 of the Code of
Ordinance of the City of Owasso, Oklahoma.
Ms. Lombardi
Attachment # 18
Staff recommends City Council approval of Ordinance No. 970.
19. Presentation regarding the Quality of Life Initiative.
Mr. Ray
Mr. Ray will provide an update on the Quality of Life Initiative.
20. Report from City Manager.
21. Report from City Attorney.
22. Report from City Councilors.
23. New Business (New Business is any item of business which could not have been
foreseen at the time of posting of the agenda.)
24. Adjournment.
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, July 6, 2010
The Owasso City Council met in regular session on Tuesday, July 6, 2010 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, July 2, 2010.
ITEM 1. CALL TO ORDER
Mayor Bonebrake called the meeting to order at 6:31 p.m.
ITEM 2. INVOCATION
The invocation was offered by Pastor Shane Cheek of Lighthouse Church of Owasso.
ITEM 3. FLAG SALUTE
Councilor Guevara led the flag salute.
ITEM 4. ROLL CALL
PRESENT
Doug Bonebrake, Mayor
Jon Sinex, Vice Mayor
Wayne Guevara, Councilor
Bryan Stovall, Councilor
A quorum was declared present.
STAFF
Rodney Ray, City Manager
ABSENT
Steve Cataudella, Councilor
ITEM 5. READING OF A STATEMENT EXPRESSING APPRECIATION OF THE
SERVICE AND SACRIFICE OF SGT. ANDREW LOONEY, AN OWASSO
RESIDENT, AND CONVEYING CONDOLENCES AND SYMPATHY TO THE
LOONEY FAMILY.
Members of the Owasso City Council expressed their condolences to the Looney family and
praised Sgt. Looney for his service.
Owasso City Council July 6, 2010
ITEM 6. PRESENTATION OF THE CHARACTER TRAIT OF MEEKNESS
Dr. Chris Kelley, Owasso Public Schools Superintendent, presented to the Council "Meekness,"
the Character Trait of the Month for July, 2010.
ITEM 7. PRESENTATION OF THE EMPLOYEE OF THE QUARTER FOR 2010
Mr. Ray recognized Patrick Barnett, Equipment Specialist at Bailey Ranch Golf Course, and
commended him for his dedication to improving Bailey Ranch and his initiative, endurance, and
resourcefulness while doing so.
ITEM 8. PRESENTATION FROM THE OKLAHOMA SCIENCE AND ENGINEERING
FOUNDATION REGARDING THE FIRST LEGO LEAGUE
Mr. Craig Shreve and Mr. Jack Lyon provided a presentation on OKSEF's FIRST Lego League
and its mission of helping young students gain hands -on experience with science, engineering,
and mathematics.
ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA
A. Approval of Minutes of the June 17, 2010 Special Meeting.
B. Approval of Claims.
C. Acknowledgement of receiving an Agreement for Urban Engineering Services
from Massey -Mann & Associates; and, authorization for the Mayor to execute
the agreement.
Mr. Sinex moved, seconded by Mr. Guevara, to approve the Consent Agenda with claims
totaling $331,314.20. Also included for review were the healthcare self- insurance claims report
and payroll payment report for pay period 06/19/10.
YEA: Bonebrake, Guevara, Sinex, Stovall
NAY: None
Motion carried 4 -0.
ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS
REMOVED FROM THE CONSENT AGENDA
No action was required on this item.
2
Owasso City Council
July 6, 2010
ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR CITY COUNCIL ACCEPTANCE OF THE IMPROVEMENTS
AT NORTH 140' EAST AVENUE AND AUTHORIZATION FOR FINAL
PAYMENT
Mr. Feary presented the item, recommending City Council acceptance of the improvements at
North 1401h East Avenue and authorization for final payment to Becco Contractors in the amount
of $631,616.42, bringing the total contract sum to $1,388,293.20.
Mr. Sinex moved, seconded by Mr. Stovall, to accept the improvements at North 140th East
Avenue and authorize final payment to Becco Contractors in the amount of $631,616.42, as
recommended.
YEA: Bonebrake, Guevara, Sinex, Stovall
NAY: None
Motion carried 4 -0.
ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR CITY COUNCIL APPROVAL TO PURCHASE RIGHT OF
WAY AND EASEMENT PROPERTIES FOR THE EAST 86" STREET NORTH
FROM MAIN TO MEMORIAL ROAD IMPROVEMENT PROJECT;
AUTHORIZATION FOR PAYMENT; AND AUTHORIZATION FOR THE
MAYOR TO EXECUTE ALL REQUIRED DOCUMENTATION
Mr. Stevens presented the item, recommending City Council approval to purchase right of way
and easement properties, authorization of payment as follows: Richard Lee and Patty DeBoer in
the amount of $41,000; Charles and Shirley Hess in the amount of $48,000; Dale and Marilee
DeBoer in the amount of $41,000; and, authorization for the Mayor to execute all required
documents.
Mr. Stovall moved, seconded by Mr. Sinex, to approve the purchase of right of way and
easement properties, authorize final payment, and authorize the Mayor to execute all required
documents, as recommended.
YEA: Bonebrake, Guevara, Sinex, Stovall
NAY: None
Motion carried 4 -0.
3
Owasso City Council
July 6, 2010
ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR CITY COUNCIL APPROVAL OF AN AGREEMENT ETWEEN
THE CITY OF OWASSO AND THE INDIAN NATIONS COUNCIL OF
GOVERNMENT (INCOG) FOR THE PURPOSE OF PROVIDING MATCHING
FUNDS FOR THE TULSA REGIONAL TRANSIT SYSTEM PLAN AND
ALTERNATIVES ANALYSES PROJECT, IN THE AMOUNT OF $13,705;
AUTHORIZATION FOR THE MAYOR TO EXECUTE THE DOCUMENT;
AND APPROVAL OF A CARRYOVER BUDGET, INCREASING THE
APPROPRIATION FOR EXPENDITURES IN THE GENERAL FUND BY
$13,705
Mr. Ray presented the item, recommending City Council approval of the agreement between the
City of Owasso and INCOG; authorization for the Mayor to execute the document; and approval
of a carryover budget.
Mr. Guevara moved, seconded by Mr. Sinex, to approve the agreement between the City of
Owasso and INCOG, authorize the Mayor to execute the document, and approve a carryover
budget, as recommended.
YEA: Bonebrake, Guevara, Sinex, Stovall
NAY: None
Motion carried 4 -0.
ITEM 14. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR CITY COUNCIL APPROVAL OF RESOLUTION NO. 2010 -08,
RESOLVING THE NECESSITY OF INSTITUTING AND PROSECUTING
CONDEMNATION PROCEDURES TO OBTAIN RIGHT OF WAY AND
PERMANENT AND TEMPORARY CONSTRUCTION EASEMENT FOR THE
EAST 86TH STREET NORTH FROM MAIN TO MEMORIAL ROAD
IMPROVEMENT PROJECT
Mr. Ray presented the item, recommending City Council approval of Resolution No. 2010 -08,
resolving the necessity of instituting and prosecuting condemnation procedures to obtain right -
of -way and permanent and temporary construction easements for a tract of land known as the
Mills Family Revocable Trust Tract, and a tract of land known as the Julia M. Stokes Revocable
Trust Tract, for the East 86h Street North and Mingo Road Intersection Improvement Project.
Mr. Stovall moved, seconded by Mr. Guevara, to approve Resolution No. 2010 -08, as
recommended.
YEA: Bonebrake, Guevara, Sinex, Stovall
NAY: None
Motion carried 4 -0.
n
Owasso City Council
July 6, 2010
ITEM 15. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR CITY COUNCIL APPROVAL OF AN EXETENSION TO THE
CITY MANAGER'S AUTHORIZATION TO RAISE FUNDS FOR THE
HISTORIC FILLING STATION RECONSTRUCTION AND CNG PROJECT
Mr. Ray presented the item, recommending City Council approval of an extension to the City
Manager's authorization to raise funds for the historic filling station reconstruction and CNG
project to the date of October 1, 2010.
Mr. Sinex moved, seconded by Mr. Guevara, to approve an extension to the City Manager's
authorization to raise funds for the historic filling station reconstruction and CNG project, as
recommended.
YEA: Bonebrake, Guevara, Sinex, Stovall
NAY: None
Motion carried 4 -0.
ITEM 16. REPORT FROM CITY MANAGER
Mr. Ray commended the Owasso Police Department for their show of respect toward all those
present at the memorial services for Sgt. Looney. Mr. Ray noted that the first major contract has
been awarded by Tulsa Tech and that construction is scheduled to begin soon. Mr. Stevens
presented the Public Works Project Status Report. Mr. Ray announced that the Strong
Neighborhood Matching Grant Program has officially kicked off and that applications are now
being accepted. Mr. Ray commended Teresa Wilson, Information Services Director, on her
efforts to expand the City's presence online and its ability to communicate with citizens through
the website and other social media applications.
ITEM 17. REPORT FROM CITY ATTORNEY
No report
ITEM 18. REPORT FROM CITY COUNCILORS
Mr. Guevara expressed his thanks to the Owasso Police Department and other staff members for
their assistance the day of Spc. Loony's memorial service. Mr. Bonebrake noted the success of
this year's Red, White & Boom celebration and passed along the positive feedback he has
received from citizens.
ITEM 19. NEW BUSINESS
None
Owasso City Council
ITEM 20. ADJOURNMENT
Mr. Sinex moved, seconded by Mr. Guevara, to adjourn.
YEA: Bonebrake, Guevara, Sinex, Stovall
NAY: None
Motion carried 4 -0 and the meeting was adjourned at 8:03 p.m.
Julie Stevens, Deputy City Clerk
10
July 6, 2010
Doug Bonebrake, Mayor
OWASSO CITY COUNCIL
MINUTES OF SPECIAL MEETING
Tuesday, July 13, 2010
The Owasso City Council met in a special meeting on Tuesday, July 13, 2010 in the Council
Chambers at Old Central, 109 N. Birch Street, per the Notice of Public Meeting and Agenda
posted on the City Hall bulletin board at 5:00 PM on Friday, July 9, 2010.
ITEM 1: CALL TO ORDER
Mayor Bonebrake called the meeting to order at 6:00 PM.
PRESENT
Doug Bonebrake, Mayor
Steve Cataudella, Councilor
Wayne Guevara, Councilor
Bryan Stovall, Councilor
A quorum was declared present.
ABSENT
Jon Sinex, Vice Mayor
ITEM 2: PRESENTATION PROVIDED BY THE ASSISTANT CITY MANAGER FOR
ADMINISTRATIVE SERVICES FOR THE PURPOSE OF REVIEWING
VARIOUS CITY POLICIES, PROCEDURES, AND FUNDS.
Ms. Bishop presented information related to the Open Meeting Act and discussed the purpose
and restrictions of an Executive Session.
ITEM 3: DISCUSSION RELATING TO ADMINISTRATIVE ITEMS
'A. PROPOSED ORDINANCE CHANGES — WATER, SEWER, AND
STORMWATER RATE INCREASES
Ms. Bishop reviewed proposed rate increases for water, sewer, and stormwater, which were
included in the FY 2010 -2011 Adopted Budget.
ITEM 4: DISCUSSION RELATING TO OPERATIONAL ITEMS
A. USSA CONTRACT RENEWAL
B. PROPOSED DONATION — AREA PREVENTION RESOURCE
CENTER
C. EASEMENT CLOSURE — TULSA TECHNOLOGY CENTER
D. FINAL PLAT — CARRINGTON POINTE I
E. PROPOSED RESOLUTION — INTENT TO APPLY FOR INCOG
GRANT (76TH STREET)
F. PROPOSED CONTRACT — ONG RELOCATION RELATING TO 86TH
STREET PROJECT
G. PROGRESS REPORT ON PREVIOUS CONSENT ORDER
Mr. Lehr reviewed each operational item and discussion was held. Mr. Lehr advised that item A
would require no City Council action. Mr. Lehr further advised that items B, C, D, E, F, and G
would require City Council action and if no objections were expressed by the City Council, each
item would be placed on the July 20, 2010 agenda for consideration and appropriate action.
Owasso City Council July 13, 2010
ITEM 5: DISCUSSION RELATING TO CITY MANAGER ITEMS
A. STREET REPAIR PRIORITY LIST
B. PROPOSED ORDINANCE CHANGES — PARKS AND COUNCIL
PROCEDURE
C. APPOINTMENTS TO BOARDS AND COMMISSIONS
D. PROPOSED FEE INCREASES — UTILITY, COMMUNITY
DEVELOPMENT, AND PUBLIC WORKS
E. CITY MANAGER REPORT
1. HISTORIC FILLING STATION UPDATE & PROPOSED CNG
GRANT CONTRACT APPROVAL
2. SALES TAX REPORT
A.) Mr. Stevens presented the proposed FY2009 -2010 Street Repair Priority List. B.) Ms.
Lombardi presented information on proposed ordinance changes to City ordinances governing
Council Procedure and Parks Administration. C.) Mr. Ray provided information on proposed
appointments to various citizen boards and commissions. D.) Mr. Ray noted that City staff
anticipates bringing forward information on proposed user fee increases at the August Work
Session. E.) Mr. Ray provided an update on the progress with the Historic Filling Station
Reconstruction Project and further presented information that the City of Owasso received
notification of approval of a CNG grant that if accepted could be used to construct a CNG
facility for public use. Mr. Ray explained that staff anticipates including an item on the July 20,
2010 agenda for City Council consideration and appropriate action relating to the acceptance of
the grant. Ms. Bishop provided a report on Sales Tax revenues received to date.
ITEM 6: LEGISLATIVE UPDATE
No Report.
ITEM 7: REPORT FROM CITY COUNCILORS
No report.
ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING
PERSONNEL MATTERS RELATING TO THE OFFICE OF THE CITY
MANAGER, SUCH EXECUTIVE SESSION PROVIDED FOR IN O.S. 25,
SECTION 307(B)(1)
Mr. Cataudella moved, seconded by Mr. Guevara, to enter into executive session.
YEA: Bonebrake, Guevara, Stovall, Cataudella
NAY: None
Motion carried 4 -0.
The City Council entered into executive session at 8:15 p.m. They returned from executive
session at 8:47 p.m.
0
Owasso City Council
ITEM 8: ADJOURNMENT
Mr. Cataudella moved for adjournment, seconded by Mr. Stovall.
YEA: Bonebrake, Stovall, Guevara, Cataudella
NAY: None
Motion carried 4 -0.
Meeting adjourned at 8:47 PM.
Juliann M. Stevens, Deputy City Clerk
3
July 13, 2010
Mayor, Doug Bonebrake
Claims List
07/20/2010
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
GENERAL
AEP /PSO
STREET LIGHTS
14.61
TREASURER PETTY CASH
CC REFUND /GEIGER
50.00
TREASURER PETTY CASH
CASE# 2019 -1780 S.WILLIAM
100.00
TREASURER PETTY CASH
OC REFUND /LOPEZ
100.00
TREASURER PETTY CASH
ADDT'L OC RENT /LOPEZ
-60.00
TOTAL GENERAL 204.61
MUNICIPAL COURT ITERA FOWLER TUITION REIMBURSEMENT 394.05
TOTAL MUNICIPAL COURT 394.05
MANAGERIAL
TREASURER PETTY CASH
MEETING EXPENSE
6.50
JPMORGAN CHASE BANK
WALMART- SUPPLIES
24.00
CITY GARAGE
CITY GARAGE OVERHEAD
83.33
JPMORGAN CHASE BANK
MEETING EXPENSE
137.59
JPMORGAN CHASE BANK
MEETING EXPENSE
34.62
JPMORGAN CHASE BANK
MEETING EXPENSE
49.00
FLEETCOR TECHNOLOGIES
FUELMAN -JUNE 2010
126.43
TOTAL MANAGERIAL 461.47
FINANCE JPMORGAN CHASE BANK SHI-MS OFFICE 2007 STD 488.00
TOTAL FINANCE 488.00
HUMAN RESOURCES
JPMORGAN CHASE BANK
MEETING EXPENSE
12.46
SHREDDERS, INC
ON SITE SHREDDING
135.00
COMMUNITYCARE EAP
EMPLOYEE ASSISTANCE PROGR
227.00
BAUDVILLE, INC
PRINTER REPAIRS
50.00
JPMORGAN CHASE BANK
TULSA WORLD- ADVERTISING
369.28
JPMORGAN CHASE BANK
CLAREMORE DAILY - ADVERT
29.85
TOTAL HUMAN RESOURCES 823.59
HR - CHARACTER INITIATIVE A N Z SIGNS & SHIRTS, INC ICHARACTER INITIATIVE 426.25
TOTAL HR -CHARACTER INITIATIVE 426.25
GENERAL GOVERNMENT
NEWTON, O'CONNOR, TURNER & KETCHUM
LEGAL -COX
161.25
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
201.21
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
255.78
TULSA COUNTY CLERK
FILING FEES
35.00
HEARTLAND CONSULTING, INC
CONSULTING FEES FY11
10,500.00
JPMORGAN CHASE BANK
OWASSO COPIER - MAINTENANCE
360.00
MAIL - FINANCE, INC
POSTAGE MACHINE LEASE
408.45
CINTAS CORPORATION
CARPET/ MAT CLEANING
30.45
TULSA COFFEE SERVICE INC
COFFEE SUPPLIES
102.42
JPMORGAN CHASE BANK
OME CORP -SEAL TIGHT
41.60
Page 1
Claims List
07/20/2010
Budget Unit Title
Vendor Name
Payable Description jPayment
Amouni
GENERAL GOVERNMENT...
ICITY OF OWASSO
SELF - INSURANCE FEES
100,000.00
TOTAL GENERAL GOVERNMENT 112,096.16
COMMUNITY DEVELOPMENT
JPMORGAN CHASE BANK
DELL - COMPUTER
1,266.39
JPMORGAN CHASE BANK
SHI- OFFICE 2007
244.00
CITY GARAGE
CITY GARAGE OVERHEAD
158.33
TULSA COUNTY MIS
LAND RECORDS JUNE 2010
30.00
FLEETCOR TECHNOLOGIES
FUELMAN -JUNE 2010
220.55
CITY GARAGE
CITY GARAGE PARTS
198.21
TOTAL COMMUNITY DEVELOPMENT 2,117.48
ENGINEERING
CITY GARAGE
CITY GARAGE PARTS
115.35
CITY GARAGE
CITY GARAGE OVERHEAD
166.66
FLEETCOR TECHNOLOGIES
FUELMAN -JUNE 2010
542.24
TOTAL ENGINEERING 824.25
INFORMATION TECHNOLOGY
FLEETCOR TECHNOLOGIES
FUELMAN -JUNE 2010
26.01
CITY GARAGE
CITY GARAGE OVERHEAD
66.66
JPMORGAN CHASE BANK
HOSTICA - WORDPRESS INSTALL
3.19
JPMORGAN CHASE BANK
CENTURION TECH - RENEWAL
510.00
JPMORGAN CHASE BANK
LOWES- SUPPLIES
226.24
JPMORGAN CHASE BANK
WALMART- SUPPLIES
70.28
JPMORGAN CHASE BANK
ATLAS -WIFI REPLACEMENT
800.00
JPMORGAN CHASE BANK
ATT -CISCO SUPPORT RENEWAL
427.00
SUNGARD PUBLIC SECTOR INC.
SUNGARD ANNUAL SUPPORT
36,143.00
SUNGARD PUBLIC SECTOR INC.
SUNGARD ANNUAL SUPPORT
6,437.59
JPMORGAN CHASE BANK
NEWEGG -RAM AND HDD FOR IT
329.49
JPMORGAN CHASE BANK
CARD QUEST -PROX CARDS
207.50
JPMORGAN CHASE BANK
SHI CORP- UPGRADE
123.00
JPMORGAN CHASE BANK
SHI CORP- UPGRADE
123.00
TOTAL INFORMATION TECHNOLOGY 45,492.96
SUPPORT SERVICES
JPMORGAN CHASE BANK
SHI- OFFICE 2007
332.00
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
41.16
JPMORGAN CHASE BANK
LOWES- SUPPLIES FOR PILLAR
8.95
JPMORGAN CHASE BANK
LIBERTY -FLAGS
35.85
JPMORGAN CHASE BANK
LOWES -MUD
5.95
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
19.25
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
19.25
COX COMMUNICATIONS
INTERNET OLD CENTRAL
69.95
JPMORGAN CHASE BANK
LOWES -PARTS
58.43
JPMORGAN CHASE BANK
LOWES -GLUE TRAPS
15.88
JPMORGAN CHASE BANK
GREENHILL- CONCRETE
2,156.00
A N Z SIGNS & SHIRTS, INC
ELEVATOR SIGN
10.00
Page 2
Claims List
07/20/2010
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
SUPPORT SERVICES...
JPMORGAN CHASE BANK
HOUSE OF VAC - VACUUM BAGS
37.98
CITY GARAGE
CITY GARAGE OVERHEAD
233.33
FLEETCOR TECHNOLOGIES
FUELMAN -JUNE 2010
375.34
PAUL HARRISON HEAT & AIR, INC
REPLACEMENT A/C UNIT
4,175.00
CITY GARAGE
CITY GARAGE PARTS
16.10
A PLUS SERVICE INC
REPAIRS /MAINTENANCE
1,907.00
FLEETCOR TECHNOLOGIES
FUELMAN -JUNE 2010
248.84
COPY WORLD BUSINESS SOLUTIONS, LLC
QUARTERLY MAINTENANCE
110.00
ELDER WATER CONSULTING, INC.
CONSULTATION FEE
100.00
OKLAHOMA DEPT OF CORRECTIONS TULSA
DOC WORKER PAYROLL -JUNE
208.59
TOTAL SUPPORT SERVICES 10,184.85
CEMETERY
VERDIGRIS VALLEY ELECTRIC COOP
CEMETERY ELECTRIC
33.90
FLEETCOR TECHNOLOGIES
IFUELMAN-JUNE 2010
93.28
TOTAL CEMETERY 127.18
POLICE SERVICES
CITY GARAGE
CITY GARAGE PARTS
4,388.74
CITY GARAGE
CITY GARAGE OVERHEAD
4,666.66
JPMORGAN CHASE BANK
SHI- OFFICE 2007
244.00
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
66.99
UNITED STATES SHOOTING ACADEMY
RANGE USE FOR ONE YEAR
33,500.00
JPMORGAN CHASE BANK
DRY CLEANING - UNIFORMS
1,471.25
JPMORGAN CHASE BANK
PIKE PASS -FEES
27.45
LISA LONG
EDUCATION COMPENSATION
619.40
FLEETCOR TECHNOLOGIES
FUELMAN -JUNE 2010
7,499.19
OWASSO COLLISION SPECIALISTS, LLC
AI -10 -43 PD CAR REPAIR
161.50
JPMORGAN CHASE BANK
PATROL TECH -MAG HOLDER
21.60
JPMORGAN CHASE BANK
OWASSO COPIER - MAINTENANCE
360.00
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
132.72
TOTAL POLICE SERVICES 53,159.50
POLICE - JUSTICE ASST GRA ITOTAL RADIO INC 11COPS FOR NEW TRANS VAN 6,021.75
TOTAL POLICE - JUSTICE ASST GRA 6,021.75
POLICE COMMUNICATIONS
LAW ENFORCEMENT PSYCHOLOGICAL SERV
MMPI- JESSICA HENRY
80.00
WORKHEALTH SOLUTIONS, LLC
HEPATITIS A & B/TB TEST
150.00
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
33.18
JPMORGAN CHASE BANK
STRATEGIC GOVT- TRAINING
58.00
JPMORGAN CHASE BANK
IT WORKS- APPLIANCE KIT
399.95
JPMORGAN CHASE BANK
WALMART- PRISONER MEALS
65.24
DEPARTMENT OF PUBLIC SAFETY
OLETS EQUIPMENT & DATAMAX
450.00
LANGUAGE LINE SERVICES
TRANSLATION SERVICES
14.77
Page 3
Claims List
07/20/2010
Budget Unit Title
I Vendor Name
Payable Description
IPayment Amouni
TOTAL POLICE COMMUNICATIONS 1,251.14
ANIMAL CONTROL
HILL'S PET NUTRITION SALES, INC
SHELTER SUPPLIES
7.00
FLEETCOR TECHNOLOGIES
FUELMAN -JUNE 2010
166.49
CITY GARAGE
CITY GARAGE OVERHEAD
166.66
HILL'S PET NUTRITION SALES, INC
SHELTER SUPPLIES
7.00
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
33.18
TOTAL ANIMAL CONTROL 380.33
FIRE SERVICES
JPMORGAN CHASE BANK
KOHL'S- UNIFORM APPAREL
50.97
JPMORGAN CHASE BANK
SHOE CARNIVAL - UNIFORM
74.97
JPMORGAN CHASE BANK
GALLS - UNIFORM APPAREL
214.96
JPMORGAN CHASE BANK
BLADE TOPS - APPAREL
64.99
JPMORGAN CHASE BANK
ACADEMY - UNIFORM APPAREL
99.99
JPMORGAN CHASE BANK
KOHL'S- UNIFORM APPAREL
110.96
JPMORGAN CHASE BANK
OK POLICE SUPPLY - APPAREL
79.95
JPMORGAN CHASE BANK
ACADEMY - UNIFORM APPAREL
104.97
JPMORGAN CHASE BANK
ACADEMY - UNIFORM APPAREL
99.99
JPMORGAN CHASE BANK
LA POLICE GEAR - UNIFORMS
195.46
JPMORGAN CHASE BANK
KOHL'S- UNIFORM APPAREL
47.40
JPMORGAN CHASE BANK
KOHL'S- UNIFORM APPAREL
71.38
JPMORGAN CHASE BANK
LOWES- SUPPLIES
20.00
JPMORGAN CHASE BANK
FAMOUS FOOTWEAR- UNIFORM
49.99
JPMORGAN CHASE BANK
KOHL'S- UNIFORM APPAREL
27.18
JPMORGAN CHASE BANK
KOHL'S- UNIFORM APPAREL
35.68
JPMORGAN CHASE BANK
RUNNERS WORLD- UNIFORM
117.00
JPMORGAN CHASE BANK
KOHL'S- UNIFORM APPAREL
83.96
JPMORGAN CHASE BANK
ARMY SURPLUS - APPAREL
125.00
JPMORGAN CHASE BANK
NFPA -CODE BOOK SUBSCRIPT
810.00
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
480.93
JPMORGAN CHASE BANK
SPORTS AUTH- UNIFORM
69.98
JPMORGAN CHASE BANK
WALMART- TELEVISION
296.00
JPMORGAN CHASE BANK
WALMART- SUPPLIES
147.02
CITY GARAGE
CITY GARAGE OVERHEAD
1,166.66
FLEETCOR TECHNOLOGIES
FUELMAN -JUNE 2010
1,582.58
CITY GARAGE
CITY GARAGE PARTS
93.57
JPMORGAN CHASE BANK
AMAZON- TRAINING BOOKS
91.37
JPMORGAN CHASE BANK
LOWES- SUPPLIES
114.13
FSIO
CONFERENCE FEE
75.00
DAVID W NICHOLS
SERVICE RESCUE TOOLS
550.00
JOHN D. HORTON
REPAIR AERIAL LADDER
495.83
JPMORGAN CHASE BANK
KOHL'S- UNIFORM APPAREL
35.68
JPMORGAN CHASE BANK
KOHL'S- UNIFORM APPAREL
27.12
JPMORGAN CHASE BANK
KOHL'S- UNIFORM APPAREL
45.56
JPMORGAN CHASE BANK
KOHL'S- UNIFORM APPAREL
78.17
Page 4
Claims List
07/20/2010
Budget Unit Title
Vendor Name
Payable Description
Payment Amount
FIRE SERVICES...
JJPMORGAN CHASE BANK
JOK POLICE SUP - UNIFORM
93.95
TOTAL FIRE SERVICES 7,928.35
EMERGENCY PREPAREDNES
VERDIGRIS VALLEY ELECTRIC COOP
STORM SIREN ELECTRIC
20.40
VERDIGRIS VALLEY ELECTRIC COOP
STORM SIREN ELECTRIC
20.40
VERDIGRIS VALLEY ELECTRIC COOP
STORM SIREN ELECTRIC
20.55
TOTAL EMERGENCY PREPAREDNESS 61.35
STREETS
JPMORGAN CHASE BANK
GREENHILL- CONCRETE
693.92
AEP /PSO
STREET LIGHTS
5,305.31
JPMORGAN CHASE BANK
FENSCO- GUARDRAIL
5,121.95
TULSA ASPHALT, LLC
ASPHALT
1,035.86
STATE OF OKLAHOMA, DOT
BRIDGE INSPECTIONS
209.69
WORKHEALTH SOLUTIONS, LLC
HEPATITUS B VACCINE
89.00
SHERWOOD CONSTRUCTION CO, INC
CONCRETE
1,485.00
SHERWOOD CONSTRUCTION CO, INC
CONCRETE
3,564.00
SHERWOOD CONSTRUCTION CO, INC
CONCRETE
3,220.00
JPMORGAN CHASE BANK
LOWES- SUPPLIES
30.95
JPMORGAN CHASE BANK
HOME DEPOT - SUPPLIES
46.28
JPMORGAN CHASE BANK
GELLCO -BOOTS
135.00
JPMORGAN CHASE BANK
GELLCO -BOOTS
135.00
JPMORGAN CHASE BANK
GELLCO -BOOTS
121.49
JPMORGAN CHASE BANK
OWASSO LUMBER -MASON BITS
7.98
AMERICAN ELECTRIC POWER
MAIN STREET LIGHTING
1,000.00
JPMORGAN CHASE BANK
ATWOODS -TRASH BAGS
31.96
AMERICAN ELECTRIC POWER
SILVER CREEK LIGHTING
513.00
JPMORGAN CHASE BANK
ANZ SIGNS -ARROW SIGNS
360.00
JPMORGAN CHASE BANK
SHI- OFFICE 2007
488.00
CITY GARAGE
CITY GARAGE PARTS
4,386.91
CITY GARAGE
CITY GARAGE OVERHEAD
1,166.66
FLEETCOR TECHNOLOGIES
FUELMAN -JUNE 2010
1,112.25
TOTAL STREETS 30,260.21
STORMWATER
FLEETCOR TECHNOLOGIES
FUELMAN -JUNE 2010
1,529.86
CITY GARAGE
CITY GARAGE OVERHEAD
1,166.66
CITY GARAGE
CITY GARAGE PARTS
745.70
JPMORGAN CHASE BANK
GELLCO -BOOTS
121.49
JPMORGAN CHASE BANK
SHI- OFFICE 2007
488.00
JPMORGAN CHASE BANK
ATWOODS -TRASH BAGS
15.98
JPMORGAN CHASE BANK
GELLCO -BOOTS
121.49
JPMORGAN CHASE BANK
WATER PROD - MANHOLE RISERS
2,152.85
JPMORGAN CHASE BANK
LOWES -RAKES
31.96
CHANDLER MATERIALS CO, INC.
PIPES /GASKETS
4,133.25
P & K EQUIPMENT, INC
OIL /OIL FILTER
53.42
Page 5
Claims List
07/20/2010
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
STORMWATER...
SCOTT SHADBOLT
TUITION REIMBURSEMENT
727.60
LOT MAINTENANCE OF OKLAHOMA, INC.
MOWING HWY 169
3,887.00
TOTAL STORMWATER 15,175.26
PARKS
TREASURER PETTY CASH
SHELTER PERMIT REFUND
40.00
KERRY W. METCALF
SKATE PARK MOWINGS
180.00
TAQWA MU -MIN
PARK MOWINGS
1,266.00
TAQWA MU -MIN
PARK MOWINGS
1,266.00
JOEL DAVID BAKER
SEWER LINE REPLACEMENT
3,500.00
UNIFIRST HOLDINGS LP
UNIFORM RENTAUCLEANING
14.65
TUCKER CHEMICAL, INC.
PARK RESTROOM SUPPLIES
1,910.85
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
184.38
FLEETCOR TECHNOLOGIES
FUELMAN -JUNE 2010
495.91
CITY GARAGE
CITY GARAGE OVERHEAD
250.00
TOTAL PARKS 9,107.79
COMMUNITY CENTER
CITY GARAGE
CITY GARAGE OVERHEAD
41.66
FLEETCOR TECHNOLOGIES
FUELMAN -JUNE 2010
148.30
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
128.54
JPMORGAN CHASE BANK
OFFICE DEPOT- SUPPLIES
3.13
JPMORGAN CHASE BANK
CARTRIDGE WORLD- CARTRIDGE
379.98
TOTAL COMMUNITY CENTER 701.61
HISTORICAL MUSEUM
TREASURER PETTY CASH
MILEAGE
34.20
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
46.15
TOTAL HISTORICAL MUSEUM 80.35
ECONOMIC DEV
FLEETCOR TECHNOLOGIES
FUELMAN -JUNE 2010
39.19
CITY GARAGE
CITY GARAGE OVERHEAD
83.33
JPMORGAN CHASE BANK
WEBSCRIBBLE- HOSTING
19.99
TOTAL ECONOMIC DEV 142.51
FUND GRAND TOTAL 297,911.0
AMBULANCE SERVICE IBRUCE SCULLION AMBULANCE REFUND 80.09
TOTAL AMBULANCE SERVICE 80.09
AMBULANCE
JPMORGAN CHASE BANK
LOWES- ELECTRIC CORD
5.32
JPMORGAN CHASE BANK
LOWES- ELECTRIC CORD
8.38
JPMORGAN CHASE BANK
ALLMED- SHIPPING FEE
3.00
JPMORGAN CHASE BANK
BOUND TREE - SUPPLIES
1,422.12
JPMORGAN CHASE BANK
ALLMED- SUPPLIES
1,131.02
Page 6
Claims List
07/20/2010
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
AMBULANCE...
MEDICAL COMPLIANCE SPECIALTY INC
MEDICAL WASTE DISPOSAL
109.00
MEDICAL COMPLIANCE SPECIALTY INC
MEDICAL WASTE DISPOSAL
57.00
JPMORGAN CHASE BANK
LOWES- RETURN
-4.72
CITY GARAGE
CITY GARAGE OVERHEAD
1,250.00
FLEETCOR TECHNOLOGIES
FUELMAN -JUNE 2010
1,802.66
TOTAL AMBULANCE 5,783.78
FUND GRAND TOTAL 5,863.8
E911 COMMUNICATIONS JAT&T E911 MAPPING FEES -JULY 355.35
TOTAL E911 COMMUNICATIONS 355.35
FUND GRAND TOTAL 355.3
HOTEL TAX - ECON DEV JPMORGAN CHASE BANK KJRH- COMMERCIAL 1,600.00
JPMORGAN CHASE BANK KJRH -VIDEO PRODUCTION 400.00
TOTAL HOTEL TAX - ECON DEV 2,000.00
FUND GRAND TOTAL 2,000.0
STORMWATER - STORMWATI USGS NATIONAL CENTER MS 270 FY10 FUNDING AGREEMENT 4,225.00
TOTAL STORMWATER - STORMWATER 4,225.00
FUND GRAND TOTAL 4,225.0
CAPITAL IMPROVEMENTS THE BANK OF NEW YORK MELLON 628923/MISC EXPENSE 2.99
TOTAL CAPITAL IMPROVEMENTS 2.99
CI - QUAL OF LIFE INITIAT JALABACK DESIGN ASSOCIATES, INC IQUALITY OF LIFE INITIATIV 5,626.00
TOTAL CI - QUAL OF LIFE INITIAT 5,626.00
FUND GRAND TOTAL 5,628.9
CITY GARAGE
JPMORGAN CHASE BANK
FRONTIER INT'L -BRAKE SHOE
292.92
JPMORGAN CHASE BANK
B &M OIL -PARTS RESALE
468.05
JPMORGAN CHASE BANK
FULLERTON- SUPPLIES
60.50
JPMORGAN CHASE BANK
FASTENAL- SUPPLIES
22.87
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
33.27
JPMORGAN CHASE BANK
TRUCKPRO -BRAKE DRUMS
341.38
JPMORGAN CHASE BANK
INLAND TRUCK -PTO CABLE
122.90
JPMORGAN CHASE BANK
FRONTIER INT'L -BRAKE SHOE
187.00
Page 7
Claims List
07/20/2010
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
CITY GARAGE...
JPMORGAN CHASE BANK
CLASSIC CHEVY -PARTS
13.26
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
33.27
ROSS M. LEWIS
EXHAUST REPAIR - AMBULANCE
50.00
A N Z SIGNS & SHIRTS, INC
OWASSO LOGO
50.00
T & W TIRE, LP
TIRES
604.00
T & W TIRE, LP
TIRES
350.96
JPMORGAN CHASE BANK
GREENHILL- CONCRETE
1,266.08
JPMORGAN CHASE BANK
UNITED ENGINES -FUEL PUMP
97.33
JPMORGAN CHASE BANK
UNITED ENGINES - CREDIT
-0.01
QUALITY TIRE & AUTO SERVICE, LLC
WHEEL ALIGN PD CAR
59.95
JPMORGAN CHASE BANK
GREENHILL- GARAGE CONCRETE
980.00
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
112.19
JPMORGAN CHASE BANK
JIM NORTON - PARTS /LABOR
214.52
TOTAL CITY GARAGE 5,360.44
FUND GRAND TOTAL 5,360.4
WORKERS' COMP SELF -INS
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS EXPEN
578.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS EXPEN
264.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS EXPEN
289.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS EXPEN
578.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS EXPEN
264.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS EXPEN
289.00
TOTAL WORKERS' COMP SELF -INS 2,262.00
WORKERS' COMP SELF -INS
STATE OF OKLAHOMA WORKERS
OWN RISK PERMIT APPLICATI
500.00
UNITED SAFETY & CLAIMS INC
WORKERS COMP TPA SERVICE
1,550.00
OK TAX COMMISSION SPECIAL TAX UNIT
MITF ASSESSMENT
2,143.92
CITY OF OWASSO IMPREST ACCOUNT
WC- CLAIMS RELATED EXP.
585.00
CITY OF OWASSO IMPREST ACCOUNT
WC- CLAIMS RELATED EXP.
111.96
CITY OF OWASSO IMPREST ACCOUNT
WC- CLAIMS RELATED EXP.
34.00
CITY OF OWASSO IMPREST ACCOUNT
WC- CLAIMS RELATED EXP.
230.32
TOTAL WORKERS' COMP SELF -INS 5,155.20
FUND GRAND TOTAL 7,417.2
GEN LIAB -PROP SELF INS
OWASSO COLLISION SPECIALISTS, LLC
AI -10 -43 PD CAR REPAIR
953.50
JPMORGAN CHASE BANK
TULSA CTY DIST CRT - FILING
213.00
NEWTON, O'CONNOR, TURNER & KETCHUM
CITY VS. BUCKLEY
36,475.21
WOOD, PUHL & WOOD, P.L.L.0
LEGAL - HUNTLEY
1,683.50
WOOD, PUHL & WOOD, P.L.L.0
LEGAL - PERMAUL
4,123.03
WOOD, PUHL & WOOD, P.L.L.0
LEGAL - BATTERBEE
1,887.00
Page 8
Claims List
0?/20/2010
Budget Unit Title
I Vendor Name
Payable Description
jPayment Amouni
TOTAL GEN LIAB -PROP SELF INS
45,335.24
FUND GRAND TOTAL
45,335.2
CITY GRAND TOTAL
$374,097.09
Page 9
CITY OF OWASSO
GENERAL FUND
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING 07/03110
Department Payroll Expenses Total Expenses
Municipal Court
4,586.31
6,204.72
Managerial
19,272.28
26,876.10
Finance
12,940.19
19,283.85
Human Resources
6,305.62
9,948.55
Community Development
10,229.24
14,369.44
Engineering
12,397.52
18,444.20
Information Systems
9,335.58
14,687.73
Support Services
6,738.51
9,785.49
Police
133,241.86
186,066.72
Central Dispatch
11,032.82
18,536.14
Animal Control
2,218.40
3,451.50
Fire
98,704.55
144,521.71
Emergency Preparedness
2,798.43
4,306.69
Streets
6,669.17
11,251.44
Stormwater /ROW Maint.
8,368.21
12,461.69
Park Maintenance
6,130.02
9,262.60
Community- Senior Center
1,849.48
3,549.50
Historical Museum
2,054.82
2,813.17
Economic Development
3,589.32
4,989.54
General Fund Total
358,462.33
520,810.78
Garage Fund Total 4,103.59 6,488.30
Ambulance Fund Total 20,951.56 30,550.25
Emergency 911 Fund Total 1,946.99 3,271.12
Worker's Compensation Total 4,116.60 4,981.23
Strong Neighborhoods 2,077.12 3,128.27
Stormwater Detention 800.00 905.21
CITY OF OWASO
HEALTHCARE SELF INSURANCE FUND
CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 7/20/10
VENDOR DESCRIPTION AMOUNT
AETNA HEALTHCARE MEDICAL SERVICE 50,498.07
HEALTHCARE MEDICAL SERVICE 41,787.69
HEALTHCARE DEPT TOTAL 92,285.76
DELTA DENTAL DENTAL MEDICAL SERVICE 4,669.70
DENTAL MEDICAL SERVICE 2,736.00
ADMIN FEES 2,059.81
DENTAL DEPT TOTAL 9,465.51
VSP VISION MEDICAL SERVICES 2,717.20
VISION DEPT TOTAL 2,717.20
HEALTHCARE SELF INSURANCE FUND TOTAL 104,468.47
CITY OF OWASSO
GENERALFUND
FISCAL YEAR 2009 -2010
Statement of Revenues & Expenditures
As of June 30, 2010 —
MONTH YEAR
BUDGET
REVENUES:
Taxes
$ 1,606,605
$ 18,757,361
$ 19,414,000
Licenses & permits
43,378
241,829
240,300
Intergovernmental
44,384
629,218
631,134
Charges for services
51,016
508,281
501,600
Fines & forfeits
72,739
778,795
665,980
Other
5,698
190,652
185,102
TOTAL REVENUES
1,823,820
21,638,116
21,106,136
EXPENDITURES:
Personal services
1,084,510
12,653,504
12,976,991
Materials & supplies
89,133
678,047
725,064
Other services
148,577
1,654,554
2,004,717
Capital outlay
79,579
599,958
850,791
TOTAL EXPENDITURES
1,401,799
16,557,563
15,586,063
REVENUES OVER EXPENDITURES
422,021
5,080,553
5,520,074
TRANSFERS IN (OUT):
Transfers in
950,357
10,810,978
11,236,000
Transfers out
(1,513,720)
(17,268,123)
(17,749,075)
TOTAL TRANSFERS
(563,363)
(6,457,145)
(6,513,075)
NET CHANGE IN FUND BALANCE
(141,342)
(937,072)
(1,432,522)
FUND BALANCE (GAAP Basis)
Beginning Balance
4,724,575
Ending Balance
$ 3,787,503
FUND BALANCE (Budgetary Basis)
Beginning Balance
3,102,596
3,102,596
Ending Balance
$ 2,165,524
$ 1,670,074
"Note: Report is not final for fiscal year end. Accounts payable are still in process.
PERCENT
96.62%
100.64%
99.70%
101.33%
116.94%
103.00%
97.54%
97.51%
93.52%
82.53%
70.52%
94.13%
108.65%
96.22%
97.29%
99.14%
MEMORANDUM
TO: THE HONORBALE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: DAN YANCEY
CHIEF OF POLICE
SUBJECT: DONATION OF FUNDS
DATE: July 16, 2010
BACKGROUND:
On July 7, 2010, Carol Daniels with the Area Prevention Resource Center approached
City staff regarding the Center's desire to make a donation to the Police Department to
support the Department's law enforcement efforts. The Area Prevention Resource Center
partners with many organizations, including police departments, in order to help them
stop underage drinking.
For the past three years the Police Department has consistently dealt with the problem of
businesses selling alcohol to minors. When the initiative began, the compliance rate for
Owasso businesses was only 35%. As a result of consistent enforcement by the
Department, the compliance rate has increased to 92%. The objective, as stated in the
Department's strategic plan, is to achieve and maintain a 100% compliance rate.
Although the Area Prevention Resource Center did not stipulate how the donation is to be
used, staff believes that the funding would be best utilized to support the underage
drinking initiative.
REQUEST:
Staff requests City Council approval of the donation from the Area Prevention Resource
Center. Additionally, staff requests action to approve a supplemental appropriation for
the FY 2010 -2011 Budget in the amount of $2,000 to the Machinery and Equipment
Budget Line Item of the Police Services budget.
FUNDING:
Funding for this request is derived from a donation in the amount of $2,000 from the
Area Prevention Resource Center.
RECOMMEDATION:
Staff recommends City Council acceptance of the donation from the Area Prevention
Resource Center and approval of a supplemental appropriation in the Police Services
budget, increasing estimated revenues and increasing the appropriation for expenditures
in the amount of $2,000.
ATTACHMENT:
1. Copy of the Check from the Area Prevention Resource Center
iOCMNO AREA YOUTH SERVICES, INC.
41217
REFERENCE NO.
DESCRIPTION
INVOICE DATE
I INVOICE AMOUNT
DISCOUNT TAKEN
I AMOUN PAID
tune
6/7/10
2,000.00
2, 000.00
I
I
CK DATE
—fr
CHECK 11 a PAYEE
— 1
DISCOUNTS TAKEN
CHECK AMOUNT
4?217 Owasso Police Dept.
I
$2,000.00
ROCMND AREA YOUTH SERVICES. INC. THE FIRST NATIONAL BANK
PO BOX 912 VINITA - GROVE - CLEORA
VINITA, OK 74301
(91 8) 255-7518
OKLAHOMA
Check Number: 41217 86- 111 -1031
Memo:
PAY
TO THE
ORDER
OF:
Two Thousand and 00/100 Dollars
Owasso Police Dept.
1110L,L2L7111 1:LO310 LLLOI: 0211.363 - 596112
41217
DATE
Jun 7, 2010
AMOUNT g
j 2000.00
Q
m
• 9
AUTHORIZED SIGNATURE
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: LARRY WHITE
SUPPORT SERVICES DIRECTOR
SUBJECT: COMPRESSED NATURAL GAS (CNG)
FUELING STATION AND CONVERSION PROJECT
DATE: July 16, 2010
BACKGROUND:
The City of Owasso's Green Initiative identified the opportunity to convert City vehicles to
utilize Compressed Natural Gas (CNG) instead of unleaded gasoline for fuel. With the approval
of the American Recovery and Reinvestment Act (ARRA) by President Obama and the U.S.
Congress, the Oklahoma Department of Commerce received Congressionally appropriated
funding from the U.S. Department of Energy (DOE) to operate the State Energy Program (SEP).
This program includes funding for the conversion of vehicles to Compressed Natural Gas (CNG)
and the development of fueling infrastructures.
The needed emissions reductions will not be achieved without an effort in or by local level
governments within each state. To help reduce Greenhouse Gas (GHG) emissions, the City of
Owasso submitted the CNG Fueling Infrastructure and CNG Vehicles Project for SEP ARRA
funding. The objectives of this project are to develop a public CNG fueling infrastructure and
convert City vehicles compatible with CNG conversion requirements to operate using CNG as an
alternative fuel by March 31, 2012.
The project will consist of two phases:
Phase One: The first step will be for the City to install the necessary fueling infrastructure to
dispense the CNG fuel into the trucks and vehicles. The fueling infrastructure will include a
minimum of three CNG storage cylinders, CNG fuel dispensers, one 150 CFM compressor,
electrical equipment, associated piping and various instrumentation and/or control panels. The
fueling infrastructure will also include a leak monitoring system and an emergency generator.
Bids for the design and engineering for this infrastructure will be requested and followed by bids
for the construction of this infrastructure. These bids will require City Council approval.
The SEP ARRA funding grant requires the City to provide or acquire the property necessary to
accommodate a CNG fueling infrastructure and to make the required improvements.
Improvements will include, but not be limited to, access driveways, concrete pad for
compressors and other equipment, and installation of necessary utilities for operation of the CNG
infrastructure. Underground electric and gas utilities will be routed and buried in trenches below
grade. The cost of land acquisition and improvements has been estimated at $300,000. This
amount has been included in the grant contract amount as matching funds for which the City is
responsible.
Phase Two: Purchasing of conversion kits for those existing identified City vehicles will
commence prior to the completion of the construction of the fueling infrastructure. The
conversion of existing vehicles will be based on the age of the vehicle, the type of use of the
vehicle, and compatibility with the CNG conversion requirements. The conversion kits for new
vehicles will occur as newly identified City vehicles are included in the fleet.
SEP ARRA FEDERAL GRANT REQUEST
The City of Owasso requested $1,450,000 in funding for this project. Those funds will be spent
for the following items:
Equipment Descri tion
Unit Cost ($)
Quantity
Totals ($)
CNG fueling infrastructure equipment — includes
full construction cost (est. — will require bid)
$ 500,000
*
1
=
$500,000
CNG Conversion Kit existing vehicles — average
cost for cars to large trucks — specific type of
vehicle has not been defined (est. — will require bid)
$18,000
*
20
=
$360,000
CNG Conversion Kit for new vehicles — average
cost for cars to trucks — specific type of vehicle has
not been defined (est. — will require bid)
$18,000
*
30
=
$540,000
Total
Equipment
=
$1,400,000
Contractual Services
Fee/Rate ($)
Hours
Totals ($)
CNG fueling infrastructure design and engineering
(est. — will require bid)
$50,000
*
1
=
$50,000
Total Contractual
=
$50,000
Total Grant Request
=
$1,450,000
The State Energy Office at the Oklahoma Department of Commerce (SEO /ODOC) has
completed its review of the City's proposal for SEP ARRA funding. The SEO /ODOC, in
conjunction with the DOE, informed us July 1, 2010, that our proposal had been approved for
funding in the amount of $1,450,000. The proposed grant contract also includes matching funds
in the amount of $300,000, which will be utilized during Phase One of the project for land
acquisition and improvements, bringing the total contract amount to $1,750,000.
RECOMMENDATION:
Staff recommends City Council acceptance of the SEP ARRA funding grant in the amount of
$1,450,000, with a total contract amount of $1,750,000; and authorization for the Mayor to
execute all required documentation.
ATTACHMENTS:
1. Acceptance letter dated July 1, 2010, for SEP ARRA funding grant.
2. SEP Contract for Grant with Budget and Attachment "A"
3. Contract Certification Regarding Lobbying
OKLAHOMA
DEPARTMENT OF COMMERCE
July 1, 2010
Warren Lehr
111 N. Main
Owasso, OK 74055
RE: State Energy Program American Recovery and Reinvestment Act
Contract Award
Dear Mr. Lehr:
The State Energy Office at the Oklahoma Department of Commerce (SEOJODOC) has
completed its review of your proposal for financial assistance for the State Energy Program
American Recovery and Reinvestment Act. SEOJODOC, in conjunction with the U.S.
Department of Energy, is pleased to inform you that your proposal has been approved for
funding in the amount of $1,450,000. In addition, leverage which was indicated in the
application has been written into the contract in the amount of $300,000 reflecting a total
contract of $1,750,000.
Please indicate your acceptance of the award by signing and returning the contract as soon as
possible.
We look forward to working with you in the coming months. Should you have any questions,
please contact Rhonda Harding -Hill at 405 - 815.5126.
Accept Decline
Official Signature
goo North Stiles Avenue, Oklahoma City, Oklahoma 73104, U.S.A. • Tel: (405) 815 -6552 9 OKeommerce.gov
SSEP
Contracting Agency
Contractor:
Contract Title:
Contract Number
I -1ofI
FEI #73- 6069613
PART I
SUMMARY
Oklahoma Department of Commerce
State of Oklahoma
City of Owasso
Stimulus State Energy Program (SSEP)
14221 SSEP 09
Total
Allocation Match Total
Amount: $1,450,000.00 $300,000.00 $1,750,000.00
Source: Stimulus Department of Energy (DOE). Catalog
of Federal Domestic Assistance (CFDA) Number
81.041.
Funding Period: April 1, 2009 through March 31, 2012
Submit Requisitions to: Issue Payment to:
Community Development City of Owasso
Oklahoma Department of Commerce I1 I North Main Street
900 North Stiles Owasso, OK 74055 -2923
Oklahoma City, OK 73104 -3234
Agreement Components: Part I - Summary and Signatures
Part II - Terms and Conditions
SIGNATURES - EXECUTION OF CONTRACT
The rights and obligations of the parties to this contract are subject to and
governed by Part II- -Terms and Conditions. To the extent of any inconsistency
between the general and the specific, the specific governs.
City of Owasso Oklahoma Department of Commerce
Signature Vaughn Clark, Director
Community Development
Typed Name & Title Date
Date
SSEP
PART II - GENERAL TERMS AND CONDITIONS
1. AVAILABILITY OF FUNDS
It- 1 of 12
Payments pursuant to this contract are to be made only from monies made
available to the Oklahoma Department of Commerce (ODOC) for activities
by the source identified in Part I. Notwithstanding any other provisions,
payments to the Contractor by ODOC are subject to the availability of such
funds to ODOC as determined by federal and /or State action and /or law.
ODOC may take any action necessary in accord with such determination.
2. MODIFICATION (AMENDMENT)
a. This contract is subject to such modification as may be required by
federal or State law or regulations. Any such modification may be
done unilaterally by ODOC.
b. Except as otherwise provided in this contract, the work and services
to be performed and the total contract amount may be modified only
upon written agreement of the duly authorized representatives of
both parties.
C. A waiver by ODOC of any provision of this contract must be in
writing and signed by the Director of ODOC or his designee.
3. ODOC
a. ODOC will provide funding for the program up to the total contract
amount less any required match.
b. ODOC will perform monitoring and evaluation activities to assess
the Contractor's financial and program compliance and progress.
4. THE CONTRACTOR
a. The Contractor will provide the necessary personnel, facilities,
supplies, equipment and /or related sources and skills to accomplish
the program described in your Proposal, which is incorporated
herein by reference. All of the work and services required shall be
performed by the Contractor or under the Contractor's supervision
and all personnel engaged therein must be fully qualified and
authorized under State and local law to perform such work and
services.
b. None of the work and services covered by this contract may be
subcontracted without prior written approval of ODOC.
C. In no event will any subcontractor incur obligation on the part of
ODOC.
d. Contractor shall perform all activities under this contract in
accordance with:
(1) All ODOC and DOE guidance including Attachment "A `State
Energy Program American Recovery and Reinvestment Act
Special Terms and Conditions "' and all forthcoming guidance
applicable to ARRA funds.
SSEP
5. EMPLOYEE BENEFITS
II -2of12
The Contractor has full responsibility for payment of Workers'
Compensation insurance, unemployment insurance, social security, State
and federal income tax and any other deductions required by law for its
employees.
6. CERTIFICATIONS BY THE CONTRACTOR
a. The Contractor certifies and expressly agrees to be solely
responsible to ensure that the use of monies received under this
contract complies with all federal, State and local statutes,
regulations and other legal authority, including ODOC policies and
procedures that affect the use of said monies. The Contractor
recognizes that it is responsible for assuring financial and
programmatic compliance by its subcontractors.
b. The Contractor certifies that it has not paid, given or donated or
agreed to pay, give or donate to any officer or employee of the State
of Oklahoma any money or other thing of value, either directly or
indirectly, in the procuring of this contract.
C. The Contractor certifies that it is in compliance with 25
O.S. §1313(B).
7. HOLD HARMLESS CLAUSE
The Contractor shall, within limitations placed on such entities by State
law, save harmless the State of Oklahoma, its agents, officers and
employees from all claims and actions and all expenses defending same
that are brought as a result of any injury or damage sustained by any
person or property in consequence of any act or omission by the
Contractor. The Contractor shall, within limitations placed on such
entities by State law, save harmless the State of Oklahoma, its agents,
officers and employees from any claim or amount recovered as a result of
infringement of patent, trademark or copyright or from any claim or
amounts arising or recovered under Workers' Compensation Law or any
other law. In any agreement with any subcontractor or any agent for the
Contractor, the Contractor will specify that such subcontractors or agents
shall' hold harmless the State of Oklahoma, its agents, officers and
employees for all the hereinbefore- described expenses, claims, actions or
I ' . amounts recovered.
8. POLITICAL ACTIVITY
a. All employees of the Contractor shall observe the limitations on
political activities to which they may be subject under the Hatch
Act, 5 USC §1501, et sea., 18 USC §595 and 18 USC §1913.
b. No contract funds may be used for any political activity or to further
the election or defeat of any candidate for public office.
c. No contract funds may be used to provide voters or prospective
voters with transportation to the polls or similar assistance in
connection with an election or any voter registration activity (42
USC §9904(c)(7).
SSEP 1I -3 of 12
d. No portion of the contract funds may be used for lobbying activities.
9. NO- CONFLICT COVENANTS
a. The Contractor covenants that no members or employees of any
governing board of the Contractor have any interest, direct or
indirect, and that none shall acquire any such interest that would
conflict with the full and complete execution of this contract. The
Contractor further covenants that in the performance of this contract
no person having any such interest will be employed.
b. In accordance with Public Law 103 -333; Section 508: "When issuing
statements, press releases, requests for proposals, bid solicitations
and other documents describing projects or programs funded in
whole or in part with Federal money contractors shall state the
following:
(1) the percentage of the total costs of the program or project
which will be financed with Federal money,
(2) the dollar amount of Federal funds for the project or program,
and
(3) percentage and dollar amount of the total costs of the project
or program that will be financed by nongovernmental
sources."
10. PUBLICATIONS AND OTHER MATERIALS
a. No material produced, in whole or in part, under this contract shall
be subject to copyright in the United States or any other country.
ODOC shall have unrestricted authority to publish, disclose,
distribute and otherwise use, in whole or in part, any reports, data or
other materials prepared under this contract.
b. Any publication or other material produced as a result of this
contract shall include in a prominent location near the beginning the
following statement:
This (type of material) was financed in
whole or in part by funds (from source in
Part I) as administered by the Oklahoma
Department of Commerce.
11. ADMINSTRATIVE AND NATIONAL POLICY REQUIREMENTS
a. Administrative Requirements
(1) The administrative requirements for DOE grants and
cooperative agreements are contained in 10 CFR part 600 and
10 CFR part 420 (see http: / /eefr.,qpoaccess. ovj.
b. American Recovery and Reinvestment Act (ARRA) 2009 Award
Administration Information
(1) Special Provisions relating to work funded under American
SSEP 11-4of12
Recovery and Reinvestment Act of 2009, Pub. L. 111 -5 shall
apply. Also, the Office of Management and Budget may be
promulgating additional provisions or modifying existing
provisions. Those additions and modifications will be
incorporated into the Special Provisions as they become
available. A draft of these Special Provisions are located at
http: / /management.energy.gov /business doe /business forms.h
tin.
C. Special Terms and Conditions and National Policy Requirements
(1) The DOE Special Terms and Conditions for Use in Most
Grants and Cooperative Agreements are located at
httn: / /management.energy.gov /business doe /business forms.h
tin,
(2) The National Policy Assurances to Be Incorporated as Award
Terms are located at DOE
http: / /management.energy.gov /business doe /business forms.h
tin.
d. Intellectual Property Provisions
(1) The standard DOE financial assistance intellectual property
provisions applicable to the various types of recipients are
located at http: / /www.ac.doe.gov /techtrans /sipp matrix.html.
C. Legal Authority
(1) SEP is authorized under PL 94 -385, PL 94 -163, PL 95 -619, PL
94 -580, PL 101 -440, PL 102 -486, PL 109 -58, and PL 111 -5.
All grant awards made under this program must comply with
applicable legislation.
(2) SEP is governed by program regulations (10 CFR part 420)
published in the Federal Register on July 8, 1996, and
amended in the Federal Registers dated May 14, 1997, August
24, 1999, and May 1, 2000, and the DOE Financial Assistance
Rules (10 CFR part 600). DOE published a Final Rule on
October 2, 2006, which amends 10 CFR 420 to incorporate the
provisions of the Energy Policy Act of 2005, as described
above.
12. CONTRACT ADMINISTRATION
a. The Contractor shall comply with Treasury Circular 1075,
concerning cash management of federal funds and with ODOC
requirements pursuant thereto.
b. Contractor shall comply with 10 CFR 600 and OMB Circular A -122
or A -87 except as directed otherwise by ODOC as they relate to the
application, acceptance and use of federal funds and with ODOC
=5:
requirements pursuant thereto.
C. The Contractor shall give ODOC immediate notice in writing of any
actions or suits filed against the Contractor or any subcontractor in
;� connection with implementation and administration of this contract.
SSEP
11-5of12
13. COMPENSATION TO THE CONTRACTOR
a. Funds made available pursuant to this contract shall be used only for
expenses incurred during the period funded as specified in Part I for
the purposes and activities approved and agreed to by ODOC. No
contract funds may be used for expenses incurred either prior to or
after the time period specified.
b. ODOC shall disburse funds to the Contractor upon receipt and
approval by ODOC of properly executed Monthly Expenditure
Reports. The Contractor may submit reports as often as necessary to
meet its financial obligation.
If a question arises as to the validity of any claim made under this
contract and the parties are unable to resolve such question by
negotiation, then the Contractor may request a resolution of the
question pursuant to the terms of this contract and the
administrative procedures available through ODOC rules
promulgated pursuant to the' Oklahoma Administrative Procedures
Act, 75 O.S. §251, et seg.
All requests for funds should be submitted to ODOC during the
period funded. A final claim may be submitted no later than forty -
five (45) days after the final date of the period funded. Funding
under this contract can be drawn as expenses are incurred and
payment is due to the vendor. At the discretion of the Oklahoma
Department of Commerce, copies of invoices or other supporting
documentation may be required to be included with requests for
contract funds. Any claim submitted after the forty -five (45) days
may be disallowed by ODOC.
14. PROCUREMENT
Procurement, management and disposition of personal property acquired
with contract funds shall be governed by the Oklahoma Central Purchasing
Act, 74 O.S. §85.1, et sea•, and in accordance with OMB Circular A -110
for non - profits and Higher Education and A -87 for Units of Government.
15. TRAVEL AND PER DIEM
All payments for travel - related costs, including per diem, incurred in
performing this contract shall be by reimbursement only and shall be in
accordance with the State Travel Reimbursement Act, 74 O.S. § §500.1, et
sec .
16. RECORDS, REPORTS, DOCUMENTATION
a. The Contractor shall maintain complete, up -to -date files containing:
(1) This contract and all subsequent revisions or modifications;
IM (2) Policies and procedures issued by ODOC.
b. The Contractor shall maintain records and accounts, including
property, personnel and financial records that properly document
and account for all project funds. Some specific types and forms of
SSEP 11- 6 of 12
records may be required by ODOC.
F
C. All records and accounts shall be made available on demand by the
Oklahoma State Auditor and Inspector or ODOC, its agents and
designees for inspection and use in carrying out its responsibilities
for administration of the funds.
d. ODOC requires that a quarterly report be submitted by the 10th day
of the month following each quarter, regardless of the amount of
activity in the program. Failure could result in the termination of
the contract.
e. The Contractor shall furnish ODOC other reports related to this
contract in the forms and at such times as may be required by
ODOC.
f. The Contractor shall retain all books, documents, papers, records
and other materials involving all activities and transactions related
to this contract for at least three (3) years from the date of
submission of the final expenditure report or until all audit findings
have been resolved, whichever is later, or as otherwise required by
law. The Contractor shall permit authorized representatives of the
State of Oklahoma and the federal government to have full access to
and the right to fully examine all such materials.
17. REPORTING
a. Management Reporting
(1) Progress Report — The Progress Report must provide a concise
narrative assessment of the status of work and include
information identified under Special Instructions on the
Federal Assistance Reporting Checklist available at
http://www.whitehouse.gov/omb/grants/grants_forms.aspx.
b. Financial Reporting
(1) Recipients must complete the SF -425 as identified on the
Reporting Checklist in accordance with the report
instructions. A fillable version of the form is available at
http: / /www.whitehouse.gov /omb/ rg ants/grants forms.asnx.
C. Closeout Reports
(1) Property Certification — The recipient must provide the
Property Certification, including the required inventories of
non - exempt property, located at htty: / /grants.pr.doe.gov.
d. Other Reporting
(1) Annual Indirect Cost Proposal and Reconciliation
(a) Requirement - In accordance with the applicable cost
principles, the recipient must submit an annual indirect
cost proposal, reconciled to its financial statements,
within six months after the close of the fiscal year,
unless the award is based on a predetermined or fixed
SSEP 11-7 of 12
indirect rate(s), or a fixed amount for indirect or
facilities and administration (F &A) costs.
(b) Cognizant Agency — The recipient must submit its
annual indirect cost proposal directly to the cognizant
agency for negotiating and approving indirect costs. If
the DOE awarding office is the cognizant agency,
submit the annual indirect cost proposal to the address
on the Reporting Requirements Checklist.
SEP Performance Metrics
(1) President Obama has committed to transparency and
accountability in the use of the funds provided through
ARRA. It is important therefore that the activities
carried out and the results achieved with those funds are
tracked carefully and reported clearly and quantifiably.
The results achieved with SEP ARRA funding will be
assessed according to the following performance
metrics:
(a) Jobs Created
(b) Energy (kwh /therms /gallons /BTUs /etc.) saved
(c) Renewable energy installed capacity and
generated
(d) GHG emissions reduced (CO2 equivalents)
(e) Energy cost savings
(f) Funds leveraged (refer to Section 5.9)
f. The State has adopted a centralized reporting option for the delivery
of 1512 information to federal reporting.gov.
In compliance with the States reporting requirements all contractors
receiving stimulus funding will be required to submit ARRA reports
on sub - recipient and vendor data. These reports will be sent via
email to ODOC. Reports must be submitted by the determined
deadline and completed in its entirety.
Submit contact information to include name, phone number, agency
name, and email address to arra @okcommerce.gov.
18. CLOSING OUT PERIOD FUNDED
a. The Contractor shall promptly return to ODOC any funds received
under this contract that are not obligated as of the final date of the
period funded. Funds shall be considered obligated only if goods
and services have been received as of the final date of the period
funded.
b. The Contractor shall submit closeout documents in accordance with
the form furnished by ODOC no later than ninety (90) days after the
final date of the period funded.
When actual expenditures total less than the contract amount, the
contract will be automatically de- obligated to the actual
expenditures as shown in the closeout.
SSEP
19. AUDITING DISALLOWED COSTS
H -8 of 12
a. The Contractor shall comply with ODOC's Audit Policies and Audit
Procedures, which are incorporated herein and made a part hereof.
b. The Contractor shall not pay audit costs as an expense to this
contract. Audit costs may be used as a match expense but are not
reimbursable.
C. In the event auditing results in the determination that the Contractor
has expended contract funds on unallowable costs, the Contractor
shall reimburse ODOC in full for all such costs.
d. Contractor awarded proceeds from this contract will be required to
procure the following type of audit over the contract and submit the
audit results to ODOC:
(1) For contractors expending $500,000 or more of total federal
awards, including awards under this contract, during a fiscal
year, the contractor will be required to procure a single audit
(financial statement audit and compliance audit over federal
awards) pursuant to the requirements of the Single Audit Act
Amendments of 1996 and Office of Management and Budget
Circular A -133, Audits of States, Local Governments and Non -
Profit Organizations. This contract must be included in the
contractor's required supplementary information schedule of
expenditures of federal awards, and separately identified
from other contracts and awards.
(2) For contractors expending less than $500,000 of total federal
awards, during a fiscal year, that are otherwise by law,
regulation, or contract (exclusive of this contract) required to
undergo an annual financial statement audit, the contractor
may meet its audit requirements through procuring a financial
statement audit performed in accordance with Government
Auditing Standards (yellow book), and must include a
supplemental information schedule within the financial report
that separately identifies and reports the revenues and
expenditures related to this contract.
j (3) For contractors expending less than $500,000 of total federal
awards, during a fiscal year, that are "not" otherwise by law,
regulation, or contract required to undergo an annual financial
statement audit, the contractor may meet its audit
requirements through procuring an special - purpose audit of a
schedule of contract revenues and expenditures specific to this
contract. The form and minimum content of the schedule of
contract revenues and expenditures will be determined by
ODOC. Such audit will be performed in accordance with the
financial audit requirements of Government Auditing
Standards and include tests of compliance with the allowable
costs and activities in relation to the contract. The auditor
will be required to report on the financial schedule as a
special - purpose financial presentation pursuant to AICPA AU
Section 623.22 -.30, Special- Purpose Financial Presentations
f . to Comply with Contractual Agreements or Regulatory
Provisions. In addition, the auditor will report on contract
SSEP
20
21
II -9of12
compliance pursuant to the provisions of AICPA AU section
623.19 -.21, Compliance with Aspects of Contractual
Agreements or Regulatory Requirements Related to Audited
Financial Statements.
e. All contractors awarded proceeds from this contract are required to
have designed and implemented appropriate internal controls over
the receipt and expenditure of contract monies to ensure the
following control objectives are met:
(1) Protection of contract assets,
(2) Reliability of contract financial information and;
(3) Adherence to applicable organizational policies, governmental
regulations, and other compliance requirements, including
those compliance requirements specifically applicable to this
contract.
These internal requirements and objectives apply to the contractor
regardless as to whether the contract resources are expended directly
by the contractor or passed through to sub - contractors.
As a by- product of the audits performed over the contract financial
information as noted in item (d) above, the auditor will be required
to communicate and report significant deficiencies and material
weaknesses identified in conducting the audits to those charged with
governance within the contractor's entity. Such communication may
be in the form of the internal control and compliance reports
required pursuant to Government Auditing Standards and OMB
Circular A -133, where applicable, or may be in a separate written
communication consistent with AICPA AU Section 325,
Communicating Internal Control Related Matters Identified in an
Audit.
These written reports and communications on internal control will
be provided by the contractor to ODOC, along with the audited
financial statements or financial schedule, upon completion of the
audits.
PROGRAM INCOME
The Contractor shall account to ODOC for all program income resulting
from this contract. Disposition of program income will be determined by
ODOC.
INTERPRETATION REMEDIES
a. In the event the terms or provisions of this contract are breached by
either party or in the event a dispute shall arise between the parties
regarding the meaning, requirements or interpretation of the terms
and provisions of this contract, then such breach or dispute shall be
resolved pursuant to the terms of this contract and the
administrative procedures available through ODOC rules
promulgated pursuant to the Oklahoma Administrative Procedures
Act, 75 O.S. § §250.1, et sea.
SSEP II -10 of 12
b. Neither forbearance nor payment by ODOC shall be construed to
constitute waiver of any remedies for any default or breach by the
Contractor that exists or occurs later.
22. RECAPTURE
a. ARRA funds were granted to projects that could be started and
completed expeditiously. Contractor will be monitored closely on
the expenditure rate of Recovery Act funding to ensure the targets
and purposes set out by ARRA are met. This is a requirement that is
mandated upon the Oklahoma Department of Commerce.
b. Contractors must demonstrate that they are in compliance with
federal programmatic goals and financial requirements. This will be
accomplished by the Contractor reporting to ODOC on the
accountability objectives in the OMB Guidance: which state: (1) the
recipients and uses of all funds are transparent to the public, and the
public benefits of these funds are reported clearly, accurately, and in a
timely manner; and (2) funds are used for authorized purposes and
instances of fraud, waste, error, and abuse are mitigated. ODOC will
provide the forms and the deadlines for the reporting, which shall also
include reporting on the progress of the project. ODOC reserves the
right to recapture and redistribute funds distributed to a Contractor
if these requirements are not met, or if project completion is
delayed.
23. TERMINATION OR SUSPENSION
a. This contract may be terminated or suspended in whole or in part at
any time by written agreement of the parties.
This contract may be terminated or suspended by ODOC in whole or
in part at any time for cause, after notice and an opportunity for
Contractor to present reasons why such action should not be taken.
Procedures for such a process shall be in accordance with the
General Rules of Practice and Procedure of ODOC. Grounds
constituting cause include but are not limited to:
(I) The Contractor fails to comply with provisions of this
contract or with any applicable laws, regulations, guidelines
or procedures, including ODOC policies and issuances, or is
unduly dilatory in executing its commitments under this
contract,
(2) Purposes for the funds have not been or will not be fulfilled
or would be illegal to carry out;
(3) The Contractor has submitted incorrect or incomplete
documentation pertaining to this contract;
(4) The Contractor is unduly dilatory in executing . its
commitments under a prior contract with ODOC, including but
not limited to submission of any audits due, resolution of
audit findings and monitoring results.
C. In the event of termination or suspension, the Contractor shall be
entitled to payment for otherwise valid and allowable obligations
SSEP II - 11 of 12
incurred in good faith prior to notice of such action and to
reimbursement for reasonable and necessary expenses. The
Contractor shall reduce to the minimum possible all obligations,
prepaid expenses and other costs.
d. The Contractor shall not be relieved of liability to ODOC for
damages sustained by ODOC by virtue of any breach of this contract
by the Contractor. ODOC may withhold payments due under this
contract pending resolution of the damages.
24. SEVERABILITY CLAUSE
If any provision under this contract or its application to any person or
circumstance is held invalid by any court of competent jurisdiction, such
invalidity does not affect any other provision of this contract or its
application that can be given effect without the invalid provision or
application.
25. SPECIAL CONDITIONS
Contractor shall segregate obligations and expenditures related to
funding under the Recovery Act. Financial and accounting systems
should be revised as necessary to segregate, track and maintain these
funds apart and separate from other revenue streams.
None of the funds provided under the ARRA may be used for any
casino or other gambling establishment, aquarium, zoo, golf course,
or swimming pool.
Assurance of Compliance
(1) Davis -Bacon Act -- The Contractor will assure that all laborers
and mechanics on projects funded directly by or assisted in
whole or in part by and through funding appropriated by the
American Recovery and Reinvestment Act of 2009 are paid
wages at rates not less than those prevailing on projects of a
character similar in the locality as determined by subchapter
IV of Chapter 31 of title 40, United States Code (Davis -Bacon
Act), under this program in which the Contractor receives
financial assistance from the Oklahoma Department of
Commerce.
For more information on Davis /Bacon requirements go to
http://www.do1.gov/esa/whd/programs/dbra/index.htm.
Section 1605, Buy American
(1) Under Section 1605 of the ARRA, no funds appropriated by
the Act may be used for a public buildings /works project
unless "all iron, steel and manufactured goods used are
produced in the U.S."
Exceptions are allowed for cases
■ where the head of the federal agency concerned determines
adherence would be "inconsistent with the public interest ",
SSEP
II - 12 of 12
■ where iron /steel /manufactures are not produced in the U.S.
in sufficient and available quantities, or
■ inclusion of U.S. products would increase overall project
cost by 25%
Notice of a waiver of the ARRA Buy American requirements
must be noticed and justified in Federal Register.
C. NEPA
(1) All Projects receiving financial assistance from DOE must be
reviewed under the National Environmental Policy Act
(NEPA) of 1969 — 42 U.S.C. Section 4321 et seq. The first
step in DOE's NEPA review process requires financial
assistance recipients to submit information to DOE regarding
the potential environmental impacts of the project receiving
DOE funds. Applicants must complete the Environmental
Checklist (DOE PMC EF -1) on -line at the following site:
https: / /www eere -pmc energy.gov /NEPA asp
f. Historical Preservation
(1) Section 106 of the National Historic Preservation Act requires
entities using federal funds in historic properties or
potentially historic properties to submit appropriate
documentation to the State Historic Preservation Office
(SHPO) prior to completion of work to ensure that there is no
adverse affect on the property. A historic property is
identified as on or eligible for the National Register of
Historic Places. There are levels of significance required for
eligible properties, but the minimum requirement is an age of
50 years or older.
Contractor: Owasso, City of
Date: June 28, 2010
Contract # / Funding Source: SSEP 09
Budget for Planned Expenditures
for the Period of: 4/1/09 - 3/31/12
Budget Categories
Account Number
Contract Budget
Salaries and Wages
551300
Fringe
551301
Contractural
551302
$50,000
Travel
551310
Space Cost
551311
Consumable Supplies
551312
Lease /Purchase Equipment
551313
$1,400,000
Other Direct
551314
Total SEP Budget
$1,450,000
Leverage (Matching funds
555900
$300,000
Totai Project Amount
$1,750,000
Signature of Authorized Official
Date
Attachment "A"
State Energy Program American Recovery and Reinvestment Act
Special Terms and Conditions
(Issued by U.S. Department of Energy for Oklahoma SEP ARRA)
SPECIAL TERMS AND CONDITIONS FOR USE IN MOST GRANTS AND COOPERATIVE
AGREEMENTS.............................................................................................................. ..............................2
RESOLUTION OF CONFLICTING CONDITIONS ..........................................•....... ..............................2
AWARD AGREEMENT TERMS AND CONDITIONS ............................................. ..............................2
PAYMENT PROCEDURES - ADVANCES THROUGH THE AUTOMATED STANDARD
APPLICATION FOR PAYMENTS (ASAP) SYSTEM ............................................... ..............................2
INCREMENTAL FUNDING AND MAXIMUM OBLIGATION - COEXTENSIVE BUDGET
PERIOD AND PROJECT PERIOD .............................................................................. ..............................3
STAGED DISBURSEMENT — RECOVERY ACT FUNDS ....................................... ..............................3
REBUDGETING AND RECOVERY OF INDIRECT COSTS - REIMBURSABLE INDIRECT
COSTSAND FRINGE BENEFITS ............................................................................... ..............................3
USE OF PROGRAM INCOME - ADDITION.......... ................................................... ..............................4
STATEMENT OF FEDERAL STEWARDSHIP ......................................................... ..............................4
SITEVISITS ............................................................... ............................... •_................. ..............................4
REPORTINGREQUIREMENTS ................................................................................. ..............................4
PUBLICATIONS....... ...................................................................................................... ..............................5
FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS .................................... ..............................5
INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION ............................5
LOBBYINGRESTRICTIONS ...................................................................................... ..............................6
NOTICE REGARDING THE PURCHASE OF AMERICAN -MADE EQUIPMENT AND
PRODUCTS -- SENSE OF CONGRESS ...................................................................... ..............................6
RES'T'RICTED ACTIVITY ............................................................................................ ..............................6
NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENT ........ ..............................6
PRESERVATION OF OPEN COMPETITION AND GOVERNMENT NEUTRALITY TOWARDS
CONTRACTORS' LABOR RELATIONS ON FEDERALLY FUNDED CONSTRUCTION
PROJECTS.......................... ....................................................................................... ..............................8
DECONTAMINATION AND /OR DECOMMISSIONING (D &D) COSTS ............ ..............................8
HISTORICALPRESERVATION ................................................................................. ..............................8
SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY
AND REINVESTMENT ACT OF 2009 ......................................................................... ..............................9
REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE
RECOVERY........ ............................... ......... . ................................................_.. .............................14
REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED
UNDER INTERNATIONAL AGREEMENTS) -- SECTION 1605 OF THE AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 ............................................... .............................15
WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT .................18
RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF
FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMAING
SUBRECIPIENTS:...... ................................................................................................... .............................19
SPECIAL TERMS AND CONDITIONS FOR USE IN MOST GRANTS .AND
COOPERATIVE AGREEMENTS
RESOLUTION OF CONFLICTING CONDITIONS
Any apparent inconsistency between Federal statutes and regulations and the terms and
conditions contained in this award must be referred to the DOE Award Administrator for
guidance.
AWARD AGREEMENT TERMS AND CONDITIONS
This award/agreement consists of the Grant and Cooperative Agreement cover page, plus
the following:
a. Special terms and conditions.
b. Attachments:
Attachment No. Title
I Intellectual Property Provisions
Z Federal Assistance Reporting Checklist
3 Budget Page(s)
4 SEP Narrative Information Worksheets
c. Applicable program regulations (specify) (Date)
d. DOE Assistance Regulations, 10 CFR Part 600at http : / /ecfr.gpoaccess.gov
e. Application/proposal as approved by DOE.
f National Policy Assurances to Be Incorporated as Award Terms in effect on date of
.award at http:llmanagement.ener2v.szoy/business--doe/1374.htm.
PAYMENT PROCEDURES - ADVANCES THROUGH THE AUTOMATED
STANDARD APPLICATION FOR PAYMENTS (ASAP) SYSTEM
a. Method of Payment. Payment will be made by advances through the Department
of Treasury's ASAP system.
b. Requesting Advances. Requests. for advances must be made through the ASAP
system. You may submit requests as frequently as required to meet your needs to
disburse funds for the Federal share of project costs. If feasible, you should time each
request so that you receive payment on the same day that you disburse funds for direct
project costs and the proportionate share of any allowable indirect costs. If same -day
transfers are not feasible, advance payments must be as close as is administratively
feasible to actual disbursements.
C. Adjusting payment requests for available cash. You must disburse any funds that
are available from repayments to and interest earned on a revolving fund, program
income, rebates, refunds, contract settlements, audit recoveries, credits, discounts, and
interest earned on any of those funds before requesting additional. cash payments from
DOE.
d. Payments. All payments are made by electronic funds transfer to the batik
account identified on the ASAP Bank Information Form that you filed with the U.S.
Department of Treasury.
INCREMENTAL FUNDING AND MAXIMUM OBLIGATION - COEXTENSIVE
BUDGET PERIOD AND PROJECT PERIOD
This award is funded on an incremental basis. The maximum obligation of the DOE is
limited to the amount shown in Block 13 on the Agreement Face Page. You are not
obligated to continue performance of the project beyond the total amount obligated and
your pro rata share of the project costs, if cost sharing is required. Additional funding is
contingent upon the availability of appropriated funds and substantial progress towards
meeting the objectives of the award.
STAGED DISBURSEMENT — RECOVERY ACT FUNDS
Funding under this Recovery Act formula grant award will be obligated in accordance
with the following disbursement schedule;
* 10% of the recipient's total allocation at time the initial grant is awarded.
* 40% of the recipient's total allocation upon DOE approval of the State Plan. This
will be done through an amendment to the grant award.
• 10 - 20% of the recipient's total allocation amount when recipients demonstrate
that they have obligated funds appropriately and jobs are being created, based on
DOE review of the progress reports and monitoring.
• 30 - 40% of the recipient's total allocation amount when the recipient demonstrates
continued progress based on DOE review of the progress reports and monitoring.
If Progress Reviews reveal deficiencies, such as funds not disbursed, jobs not created,
insufficient technical monitoring, or failure to meet reporting requirements, DOE reserves
the right to place a hold on current balances, and withhold further funding until
deficiencies are corrected.
REBUDGETING AND RECOVERY OF INDIRECT COSTS - REIMBURSABLE
INDIRECT COSTS AND FRINGE BENEFITS
a. If actual allowable indirect costs are less than those budgeted and funded under
the award, you may use the difference to pay additional allowable direct costs during the
project period. if at the completion of the award the Government's share of total
allowable costs (i.e., direct and indirect), is less than the total costs reimbursed, you must
refund the difference.
b. Recipients are expected to manage their indirect costs. DOE will not amend an
award solely to provide additional funds for changes in indirect cost rates. DOE
recognizes that the inability to obtain full reimbursement for indirect costs means the
recipient must absorb the underrecovery. Such underrecovery maybe allocated as part of
the organization's required cost sharing.
USE OF PROGRAM INCOME - ADDITION
If you cam program income during the project period as a result of this award. you may
add the program income to the funds committed to the award and use it to further eligible
project objectives.
STATEMENT OF FEDERAL STEWARDSHIP
DOE will exercise normal Federal stewardship in overseeing the project activities
perforated under this award. Stewardship activities include, but are not limited to,
conducting site visits; reviewing performance and financial reports; providing technical
assistance and/or temporary intervention in unusual circumstances to correct deficiencies
which develop during the project; assuring compliance with terms and conditions; and
reviewing technical performance after project completion to ensure that the award
objectives have been accomplished.
SITE VISITS
DOE authorized representatives have the right to make site visits at reasonable times to
review project accomplishments and management control systems and to provide
technical assistance, if required. You must provide, and must require your subawardees
to provide, reasonable access to facilities, office space, resources, and assistance. for the
safety and convenience of the government representatives in the performance of their
duties. All site visits and evaluations must be performed in a manner that does not
unduly interfere with or delay the work.
REPORTING REQUIREMENTS
a. Requirements. The reporting requirements for this award are identified on the
Federal Assistance Reporting Checklist, DOE F 4600.2, attached to this award. Failure
to comply with these reporting requirements is considered a.material noncompliance with
the terms of the award. Noncompliance may result in withholding of future payments,
suspension, or termination of the current award, and withholding of future awards. A
willful failure to perform, a history of failure to perform, or unsatisfactory performance
of this and/or other financial assistance awards, may also result in a debarment action to
preclude future awards by Federal agencies.
b. Dissemination of scientific /technical reports. Scientific /technical reports
submitted under this award will be disseminated on the Internet via the DOE Information
Bridge (www_osti.gov /bridge), unless the report contains patentable material, protected
data, or SBIRISTTR data. Citations for journal articles produced under the award will
appear on the DOE Energy Citations Database ( wvtny .osti.gov /energycitations).
C, Restrictions. Reports submitted to the DOE Information Bridge must not contain
any Protected Personal Identifiable Information (PIl), limited rights data (proprietary
data), classified information, information subject to export control classification, or other
information not subject to release.
PUBLICATIONS
a. You are encouraged to publish or otherwise make publicly available the results of
the work conducted under the award.
b. An acknowledgment of Federal support and a disclaimer must appear in the
publication of any material, whether copyrighted or not, based on or developed under this
project, as follows:
Acknowledgment: "This material is based upon work supported by the Department of
Energy under Award Number DE- EE0000133."
Disclaimer: "This report was prepared as an account of work sponsored by an agency of
the United States Government. Neither the United States Government nor any agency
thereof, nor any of their employees, makes any warranty, express or implied, or assumes
any legal liability or responsibility for the accuracy, completeness, or usefulness of any
information, apparatus, product, or process disclosed, or represents that its use would not
infringe privately owned rights. Reference herein to any specific commercial product,
process, or service by trade name, trademark, manufacturer, or otherwise does not
necessarily constitute or imply its endorsement, recommendation, or favoring by the
United States Government or any agency thereof. The views and opinions of authors
expressed herein do not necessarily state or reflect those of the United States Government
or any agency thereof."
FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS
You must obtain any required permits and comply with applicable federal, state, and
municipal laws, codes, and regulations for work performed under this award.
INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION
a. The intellectual property provisions applicable to this award are provided as an
attachment to this award. A list of all intellectual property provisions may be found at
http: / /www.ac.doe.gov /financial assistance awards htm.
b. Questions regarding intellectual property matters should be referred to the DOE
Award Administrator and the Patent Counsel designated as the service provider for the
DOE office that issued the award. The IP Service Providers List is found at
httl2 Lion df c.doe. ov/ documents /Intellectual_ Property (IPA Service Providers_ for Ac
P� g g
LOBBYING RESTRICTIONS
By accepting funds under this award, you agree that none of the funds obligated on the
award shall be expended, directly or indirectly, to influence congressional action on any
legislation or appropriation matters pending before Congress, other than to communicate
to Members of Congress as described in 18 U.S.C. 1913. This restriction is in addition to
those prescribed elsewhere in statute and regulation.
NOTICE REGARDING THE PURCHASE OF AMERICAN -MADE EQUIPMENT
AND PRODUCTS -- SENSE OF CONGRESS
It is the sense of the Congress that, to the greatest extent practicable, all equipment and
products purchased with funds made available under this award should be American-
made.
RESTRICTED ACTIVITY
Two proposed activities, "Advanced Environmental Technologies, Inc. and
Management" are undergoing additional review to determine whether it is a permissible
activity under the State Energy Program. You will be notified by the DOE upon
resolution. Pending resolution, funds made available under this award may not be used
for the activity.
In the event the activity is permitted under this award, you must submit additional
information regarding this activity to the Project Officer identified in Block 15 of the
Assistance Agreement Form to allow DOE to make a final NEPA determination, and you
are restricted from taking any action using federal funds for this activity that would have
an adverse effect on the environment or limit the choice of reasonable alternatives prior
to DOE providing a final NEPA determination. If you move forward with this activity in
advance of a final NEPA determination, you are doing so at risk of not receiving federal
funding and such costs may not be recognized as allowable cost share.
If DOE determines that NEPA requires the preparation of an environmental assessment
(EA) or environmental impact statement (EIS) for this activity, you will be responsible
for paying the cost of preparing an EA or EIS. Preparation of these types of NEPA
documents can require 6-24 months. Accordingly you should carefully consider whether
the activity is consistent with the objectives of the ARRA and will allow the expenditure
of funds within the time periods allowed for by that statute.
NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENT
You are restricted from taking any action using federal funds for projects under this
award that would have an adverse effect on the environment or limit the choice of
reasonable alternatives prior to DOE.providing a final NEPA determination regarding
these projects.
The following prohibited project activities are comprised of market titles that contain
specific projects that are prohibited from being performed at this time. These prohibited
projects are bulletized under the Market title as follows:
Alternative Fuel Vehicles and Infrastructure
* All projects
2. Building Energy Efficiency
* Community Action Development Corporation
• Native American Cultural and Educational Authority
3. Demand Reduction for Oklahoma
• All projects
4. OEM Systems/REVOLVING LOAN
• All projects
S. Orbitek, Inc/REVOLVING LOAN
* All projects
6. Public Service Company of Oklahorna/REVOLVING LOAN
* All projects
7. SEP ARRA Revolving Loan Program
• Alternative Fuels
• Demand Management
• Building Energy Efficiency
• Renewable Energy Projects
The project activities listed above will require an individual NEPA review and
determination. You must submit an environmental questionnaire to the DOE Project
Officer for each project activity identified above to allow DOE to conduct an individual
NEPA review and determination.
If you move forward with activities that are not authorized for federal funding by the
DOE Contracting Officer in advance of the final NEPA determination, you are doing so
at risk of not receiving federal funding and such costs may not be recognized as
allowable cost share.
If DOE determines that NEPA requires the preparation of an environmental
assessment (EA) or environmental impact statement (EIS) for a project you
propose, you will be responsible for paying the cost of preparing an EA or EIS.
Preparation of these types of NEPA documents can require 6 -24 months.
Accordingly you should carefully consider whether such projects are consistent with .
the objectives of the ARRA. and will allow the expenditure of funds within the time
periods allowed for by that statute.
This restriction does not preclude you from:
Performing information gathering and analysis, documentation, dissemination, and
training, and providing technical advice and planning assistance for the activities listed
above.
PRESERVATION OF OPEN COMPETITION AND GOVERNMENT
NEUTRALITY TOWARDS CONTRACTORS' LABOR RELATIONS ON
FEDERALLY FUNDED CONSTRUCTION PROJECTS
a. Unless in conflict with State or local laws, you must ensure that bid specifications,
project agreement, or other controlling documents in construction contracts awarded
pursuant to this agreement, or pursuant to a subaward to this agreement, do not:
1. Require or prohibit bidders, offerors, contractors, or subcontractors to enter into
or adhere to agreements with one or more labor organizations, on the same or other
related construction project(s); or
2. Otherwise discriminate against bidders, offerors, contractors, or subcontractors
for becoming or refusing to become or remain signatories or otherwise to adhere to
agreements with one or more labor organizations, on the same or other related
construction project(s)-
b. The terra "construction contract" as used in this provision means any contract for the
construction, rehabilitation, alteration, conversion, extension, or repair of buildings,
highways, or other improvements to real property.
c. Nothing in this provision prohibits bidders, offerors, contractors, or subcontractors
from voluntarily entering into agreements with labor organizations.
DECONTAMINATION AND /OR DECOMMISSIONING (D &D) COSTS
Notwithstanding any other provisions of this Agreement, the Government shall not be
responsible for or have any obligation to the recipient for (i) Decontamination and /or
Decommissioning (D &D) of any of the recipient's facilities, or (ii) any costs which may
be incurred by the recipient in connection with the D &D of any of its facilities due to the
performance of the work under this Agreement, whether said work was performed prior
to or subsequent to the effective date of this Agreement.
HISTORICAL PRESERVATION
Prior to the expenditure of Federal funds to alter any structure or site, the Recipient is
required to comply with the requirements of Section 106 of the National Historic
Preservation Act (NHPA), consistent with DOE's 2009 letter of delegation of authority
regarding the NHPA. Section 106 applies to historic properties that are listed in or
eligible for listing in the National Register of Historic Places. In order to fulfill the
requirements of Section 106., the recipient must contact the State Historic Preservation
Officer (SHPO), and, if applicable, the Tribal Historic Preservation Officer (THPO), to
coordinate the Section 106 review outlined in 36 CFR Part 800. SHPO contact
information is available at the following link: http : / /www.ncshpo.org /find/index htm.
THPO contact information is available at the following link:
b—q://www.nathpo,gLg ma html .
Section i 10(k) of the NHPA applies to DOE funded activities. Recipients shall avoid
taking any action that results in an adverse effect to historic properties pending
compliance with Section 106.
Recipients should be aware that the DOE Contracting Officer will consider the recipient
in compliance with Section 106 of the NHPA only after the Recipient has submitted
adequate background documentation to the SHPO/THPO for its review, and the
SHPO/THPO has provided written concurrence to the Recipient that it does not object to
its Section 106 funding or determination. Recipient shall provide a copy of this
concurrence to the Contracting Officer.
SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009
Preamble
The American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, (Recovery Act)
was enacted to preserve and create jobs and promote economic recovery, assist those
most impacted by the recession, provide investments needed to increase economic
efficiency by spurring technological advances in science and health, invest in
transportation, environmental protection, and other infrastructure that will provide long-
term economic benefits, stabilize State and local government budgets, in order to
minimize and avoid reductions in essential services and counterproductive State and local
tax increases. Recipients shall use grant funds in a manner that maximizes job creation
and economic benefit.
The Recipient shall comply with all terms and conditions in the Recovery Act relating
generally to governance, accountability, transparency, data collection and resources as
specified in Act itself and as discussed below.
Recipients should begin planning activities for their first tier subrecipients, including
obtaining a DUNS number (or updating the existing DUNS record), and registering with
the Central Contractor Registration (CCR).
Be advised that Recovery Act funds can be used in conjunction with other funding as
necessary to complete projects, but tracking and reporting must be separate to meet the
reporting requirements of the Recovery Act and related guidance. For projects funded by
sources other than the Recovery Act, Contractors must keep separate records for
Recovery Act funds and to ensure those records comply with the requirements of the Act.
The Government has not fully developed the implementing instructions of the Recovery
Act, particularly concerning specific procedural requirements for the new reporting
requirements. The Recipient will be provided these details as they become available.
The Recipient must comply with all requirements of the Act. If the recipient believes
there is any inconsistency between ARRA requirements and current award terms and
conditions, the issues will be referred to the Contracting Officer for reconciliation.
Definitions .
For purposes of this clause, Covered Funds means funds expended or obligated from
appropriations under the American Recovery and Reinvestment Act of 2009, Pub. L.
111 -5. Covered Funds will have special accounting codes and will be identified as
Recovery Act funds in the grant, cooperative agreement or TIA and/or modification using.
Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015.
Non - Federal employer means any employer with respect to covered funds — the
contractor, subcontractor, grantee, or recipient, as the case may be, if the contractor,
subcontractor, grantee, or recipient is an employer; and any professional membership
organization, certification of other professional body, any agent or licensee of the Federal
government, or any person acting directly or indirectly in the interest of an employer
receiving covered funds; or with respect to covered funds received by a State or Iocal
government, the State or local government receiving the funds and any contractor or
subcontractor receiving the funds and any contractor or subcontractor of the State or local
government; and does not mean any department, agency, or other entity of the federal
government.
Recipient means any entity that receives Recovery Act funds directly from the Federal
government (including Recovery Act funds received through grant, loan, or contract)
other than an individual and includes a State that receives Recovery Act Funds.
Special Provisions
A. Flow Down Requirement
Recipients must include these special terms and conditions in any subaward.
B. Segregation of Costs
Recipients must segregate the obligations and expenditures related to funding under the
Recovery Act. Financial and accounting systems should be revised as necessary to
.segregate, track and maintain these funds apart and separate from other revenue streams.
No part of the funds from the Recovery Act shall be commingled with any other funds or
used for a purpose other than that of making payments for costs allowable for Recovery
Act projects.
IN
C. Prohibition on Use of Funds
None of the funds provided under this agreement derived from the American Recovery
and Reinvestment Act of 2009, Pub. L. 111 -5, may be used by any State or local
government; or any private. entity, for any casino or other gambling establishment,
aquarium, zoo, golf course, or swimming pool.
D. Access to Records
With respect to each financial assistance agreement awarded utilizing at least some of the
funds appropriated or otherwise made available by the American Recovery and
Reinvestment Act of 2009, Pub. L. 111 -5, any representative of an appropriate inspector
general appointed under section 3 or 8G of the Inspector General Act of 1985 (5 U.S.C.
App.) or of the Comptroller General is authorized --
(l) to examine any records of the contractor or grantee, any of its subcontractors
or subgrantees, or any State or local agency administering such contract that
pertain to, and involve transactions relation to, the subcontract, subcontract, grant,
or subgrant; and
(2) to interview any officer or employee of the contractor, grantee, subgrantee, or
agency regarding such transactions.
E. Publication
An application may contain technical data and other data, including trade secrets and/or
privileged or confidential information, which the applicant does not want disclosed to the
public or used by the Government for any purpose other than the application. To protect
such data, the applicant should specifically identify each page including each line or
paragraph thereof containing the data to be protected and mark the cover sheet of the
application with the following Notice as well as referring to the Notice on each page to
which the Notice applies:
Notice of Restriction on Disclosure and Use of Data
The data contained in pages - - -- of this application have been submitted in confidence
and contain trade secrets or proprietary information, and such data shall be used or
disclosed only for evaluation purposes, provided that if this applicant receives an award
as a result of or in connection with the submission of this application, DOE shall have the
right to use or disclose the data here to the extent provided in the award. This restriction
does not limit the Government's right to use or disclose data obtained without restriction
from any source, including the applicant.
Information about this agreement will be published on the Internet and linked to the
website www.recovery.gov, maintained by the Accountability and Transparency Board,
The Board may exclude posting contractual or other information on the website on a
case -by -case basis when necessary to protect national security or to protect information
that is not subject to disclosure under sections 552 and 552a of title 5, United States
Code,
31
F. Protecting State and Local Government and Contractor Whistleblowers.
The requirements of Section 1553 of the Act are summarized below. They include, but
are not limited to:
Prohibition on Reprisals: An employee of any non - Federal employer receiving covered
funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, may
not be discharged, demoted, or otherwise discriminated against as a reprisal for
disclosing, including a disclosure made in the ordinary course of an employee's duties, to
the Accountability and Transparency Board, an inspector general, the Comptroller
General, a member of Congress, a State or Federal regulatory or law enforcement agency,
a person with supervisory authority over the employee (or other person working for the
employer who has the authority to investigate, discover or terminate misconduct, a court
or grant jury, the head of a Federal agency, or their representatives information that the
employee believes is evidence of
• gross management of an agency contract or grant relating to covered funds;
• a gross waste of covered funds
• a substantial and specific danger to public health or safety related to the
implementation or use of covered funds;
• an abuse of authority related to the implementation or use of covered funds; or
• as violation of law, rule, or regulation related to an agency contract (including
the competition for or negotiation of a contract) or grant, awarded or issued
relating to covered funds.
Agency Action: Not later than 30 days after receiving an inspector general report of an
alleged reprisal, the head of the agency shall determine whether there is sufficient basis to
conclude that the non- Federal employer has subjected the employee to a prohibited
reprisal. The agency shall either issue an order denying relief in whole or in part or shall
take one or more of the following actions:
• Order the employer to take affirmative action to abate the reprisal.
• Order the employer to reinstate the person to the position that the person held
before the reprisal, together with compensation including back pay, compensatory
damages, employment benefits, and other terms and conditions of employment
that would apply to the person in that position if the reprisal had not been taken.
• Order the employer to pay the employee an amount equal to the aggregate
amount of all costs and expenses (including attorneys' fees and expert witnesses'
fees) that were reasonably incurred by the employee for or in connection with,
bringing the complaint regarding the reprisal, as determined by the head of a court
of competent jurisdiction.
Nonenforceablity of Certain Provisions Waiving Rights and remedies or Requiring
Arbitration: Except as provided in a collective bargaining agreement, the rights and
remedies provided to aggrieved employees by this section may not be waived by any .
agreement, policy, form, or condition of employment, including any predispute
12
arbitration agreement. No predispute arbitration agreement shall be valid or enforceable
if it requires arbitration of a dispute arising out of this section.
Requirement to Post Notice of Rights and Remedies: Any employer receiving covered
funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, shall
post notice of the rights and remedies as required therein_ (Refer to section 1553 of the
American Recovery and Reinvestment Act of 2009, Pub, L. 111 -5, www.RecoveKy.gov,
for specific requirements of this section and prescribed Ianguage for the notices.).
G. Request for Reimbursement
WA O
H. False Claims Act
Recipient and sub - recipients shall promptly refer to the DOE or other appropriate
Inspector General any credible evidence that a principal, employee, agent, contractor,
sub - grantee, subcontractor or other person has submitted a false claim under the False
Claims Act or has committed a criminal or civil violation of laws pertaining to fraud,
conflict or interest, bribery, gratuity or similar misconduct involving those funds.
I. Information in supporting of Recovery Act Reporting
Recipient may be required to submit backup documentation for expenditures of funds
under the Recovery Act including such items as timecards and invoices. Recipient shall
provide copies of backup documentation at the request of the Contracting Officer or
designee_
J. Ayailabilii of Funds
Funds appropriated under the Recovery Act and obligated to this award are available for
reimbursement of costs until September 30, 2015.
K. Additional. Funding Distribution and Assurance of Appropriate Use of Funds
Certification by Governor -- Not later than April 3, 2009, for funds provided to any State
or agency thereof by the American Reinvestment and Recovery Act of 2009, Pub. L. 111-
5, the Governor of the State shall certify that: 1) the state will request and use funds
provided by the Act; and 2) the funds will be used to create jobs and promote economic
growth.
Acceptance by State Legislature -- If funds provided to any State in any division of the
Act are not accepted for use by the Governor, then acceptance by the State legislature, by
means of the adoption of a concurrent resolution, shall be sufficient to provide funding to
such State.
]3
Distribution — After adoption of a State legislature's concurrent resolution, funding to the
State will be for distribution to local governments, councils of government, public
entities, and public- private entities within the State either by formula or at the State's
discretion.
L. Certifications
With respect to funds made available to State or local governments for infrastructure
investments under the American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5,
the Governor, mayor, or other chief executive, as appropriate, certified by acceptance of
this award that the infrastructure investment has received the full review and vetting
required by law and that the chief executive accepts responsibility that the infrastructure
investment is an appropriate use of taxpayer dollars. Recipient shall provide an
additional certification that includes a description of the investment, the estimated total
cost, and the amount of covered funds to be used for posting on the Internet. A State or
local agency may not receive infrastructure investment funding from funds made
available by the Act unless this certification is made and posted.
REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512
OF THE RECOVERY
(a) This award requires the recipient to complete projects or activities which are funded
under the American Recovery and Reinvestment Act of 2009 (Recovery Act) and to
report on use of Recovery Act funds provided through this award. Information from these
reports will be made available to the public.
(b) The reports are due no later than ten calendar days after each calendar quarter in
which the recipient receives the assistance award funded in whole or in part by the
Recovery Act.
(c) Recipients and their first -tier recipients must maintain current registrations in the
Central Contractor Registration (http: / /www.ccr.gav) at all times during which they have
active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data
Universal Numbering System (DUNS) Number (http: /lwww.dnb.coin) is one of the
requirements for registration in the Central Contractor Registration.
(d) The recipient shall report the information described in section 1512(c) of the
Recovery Act using the reporting instructions and data elements that will be provided
online at hitp ://ivww.FederalReporti77g.gov and ensure that any information that is pre -
filled is corrected or updated as needed.
14
REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS) —SECTION
1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(a) Definitions. As used in this award term and condition
Designated country —(1) A World Trade Organization Government Procurement
Agreement country (Aruba,. Austria, Belgium, Bulgaria, Canada, Cyprus, Czech
Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary,
Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein,
Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania,
Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United
Kingdom;
(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa
Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco,
Nicaragua, Oman, Peru, or Singapore); or
(3) A United States- European Communities Exchange of Letters (May 15, 1995) country:
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta,
Netherlands, Poland, Portugal, Romania, SIovak Republic, Slovenia, Spain, Sweden, and
United Kingdom.
Designated country iron, steel, and/or manufactured goods —(1) Is wholly the growth,
product, or manufacture of a designated country; or
(2) In the case of a manufactured good that consist in whole or in part of materials from
another country, has been substantially transformed in a designated country into a new
and different manufactured good distinct from the materials from which it was
transformed.
Domestic iron, steel, and/or manufactured good ---(1) Is wholly the growth, product, or
manufacture of the United States; or
(2) In the case of a manufactured good that consists in whole or in part of materials from
another country, has been substantially transformed in the United States into a new and
different manufactured good distinct from the materials from which it was transformed.
There is no requirement with regard to the origin of components or subcomponents in
manufactured goods or products, as long as the manufacture of the goods occurs in the
United States.
Foreign iron, steel, and/or manufactured good means iron, steel and /or manufactured
good that is not domestic or designated .country iron, steel, and /or manufactured good,
15
Manufactured good means a good brought to the construction site for incorporation into
the building or work that has been—
(1) Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different properties
than the properties of the individual raw materials.
Public building and public work means a public building of, and a public work of, a
governmental entity (the United States; the District of Columbia; commonwealths,
territories, and minor outlying islands of the United States; State and local governments;
and multi- State, regional, or interstate entities which have governmental functions).
These buildings and works may include, without limitation, bridges, dams, plants,
highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping
stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways,
lighthouses, buoys, jetties, breakwaters, levees, and canals; and the construction,
alteration, maintenance, or repair of such buildings and works.
Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent
carbon, and may include other elements.
(b) Iron, steel, and manufactured goods. (1) The award term and condition described in
this section implements-
(i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Pub. L.
111 -5) (Recovery Act), by requiring that all iron, steel, and manufactured goods used in
the project are produced in the United States; and
(ii) Section 1605(d), which requires application of the Buy American requirement in a
manner consistent with U.S. obligations under international agreements. The restrictions
of section 1605 of the Recovery Act do not apply to designated country iron, steel, and/or
manufactured goods. The Buy American requirement in section 1605 shall not be applied
where the iron, steel or manufactured goods used in the project are from a Party to an
international agreement that obligates the recipient to treat the goods and services of that
Party the same as domestic goods and services. This obligation shall only apply to
projects with an estimated value of $7,443,000 or more.
(2) The recipient shall use only domestic or designated country iron, steel, and
manufactured goods in performing the work funded in whole or part with this award,
except as provided in paragraphs (b)(3) and (b)(4) of this section.
(3) The requirement in paragraph (b)(2) of this section does not apply to the iron, steel,
and manufactured goods listed by the Federal Government as follows:
None
16
(4) The award official may add other iron, steel, and manufactured goods to the list in
paragraphi (b)(3) of this section if the Federal Government determines that (i) The cost of domestic iron, steel, and /or manufactured goods would be unreasonable.
The cost of domestic iron, steel, and /or manufactured goods used in the project is
unreasonable when the cumulative cost of such material will increase the overall cost of
the project by more than 25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the
United States in sufficient and reasonably available commercial quantities of a
satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would be
inconsistent with the public interest.
(c) Request for determination of inapplicability ofsection 1605 of the Recovery Act or the
Buy American Act. (1)(i) Any recipient request to use foreign iron, steel, and/or
manufactured goods in accordance with paragraph (b)(4) of this section shall include
adequate information for Federal Government evaluation of the request, including—
(A) A description of the foreign and domestic iron, steel, and /or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or
manufactured goods cited in accordance with paragraph (b)(4) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market
and a completed cost comparison table in the format in paragraph (d) of this section.
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the
construction site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have
been obligated for a project for construction, alteration, maintenance, or repair shall
explain why the recipient could not reasonably foresee the need for such determination
17
and could not have requested the determination before the funds were obligated, if the
recipient does not submit a satisfactory explanation, the award official need not make a
determination.
(2) if the Federal Government determines after funds have been obligated for a project
for construction, alteration, maintenance, or repair that an exception to section 1605 of
the Recovery Act applies, the award official will amend the award to allow use of the
foreign iron, steel, and /or relevant manufactured goods. When the basis for the exception
is nonavailability or public interest, the amended award shall reflect adjustment of the
award amount, redistribution of budgeted funds, and /or other appropriate actions taken to
cover costs associated with acquiring or using the foreign iron, steel, and /or relevant
manufactured goods.. When the basis for the exception is the unreasonable cost of the
domestic iron, steel, or manufactured goods, the award official shall adjust the award
amount or redistribute budgeted funds, as appropriate, by at least the differential
established in 2 CFR 176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the
Recovery Act applies, use of foreign iron, steel, and/or manufactured goods other than
designated country iron, steel, and/or manufactured goods is noncompliant with the
applicable Act.
(d) Data. To permit evaluation of requests under paragraph (b) of this section based on
unreasonable cost, the applicant shall include the following information and any
applicable supporting data based on the survey of suppliers:
Foreign and Domestic Items Cost Comparison
Description
Unit of measure.
Quantity
Cost
(dollars)*
Item 1:
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
Item 2:
Foreign steel, .iron, or manufactured good
Domestic steel, iron, or manufactured good
WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY
ACT
(a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed
by contractors and subcontractors on projects funded directly by or assisted in whole or in
part by and through the Federal Government pursuant to the Recovery Act shall be paid
wages at rates not less than those prevailing on projects of a character similar in the.
18
locality as determined by the Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40; United States Code.
Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the
Department of Labor has issued regulations at 29 CFR parts 1, 3, and 5 to implement the
Davis -Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning
application of the standard Davis -Bacon contract clauses set forth in that section. Federal
agencies providing _grants, cooperative agreements, and loans under the Recovery Act
shall ensure that the standard Davis -Bacon contract clauses found in 29 CFR 5.5(a) are
incorporated in any resultant covered contracts that are in excess of $2,000 for
construction, alteration or repair (including painting and decorating).
(b) For additional guidance on the wage rate requirements of section 1606, contact your
awarding agency. Recipients of grants, cooperative agreements and loans should direct
their initial inquiries concerning the application of Davis -Bacon requirements to a
particular federally assisted project to the Federal agency funding the project. The
Secretary of Labor retains final coverage authority under Reorganization Plan Number
14.
RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF
EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT
RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS
(a) To maximize the transparency and accountability of funds authorized under the
American Recovery and Reinvestment Act of 2009 (Pub. L. 111 -5) (Recovery Act) as
required by Congress and in accordance with 2 CFR 215.21 "Uniform Administrative
Requirements for Grants and Agreements" and OMB Circular A--102 Common Rules
provisions, recipients agree to maintain records that identify adequately the source and
application of Recovery Act funds. OMB Circular A -102 is available at
http.11wwmj.whitehouse. govlonib /circularsla102 /al02. htmL
(b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB
Circular A -133, "Audits of States, Local Governments, and Non - Profit Organizations,"
recipients agree to separately identify the expenditures for Federal awards under the
Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data
Collection Form (SF —SAC) required by OMB Circular A -133. OMB Circular A--133 is
available at lit/ j2: Il x, ww. whitehotise .Qovlonihlcircularsla133/a133 htnzl. This shall be
accomplished by identifying expenditures for Federal awards made under the Recovery
Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF —SAC
by CFDA number, and inclusion of the prefix "ARRA -" in identifying the name of the
Federal. program on the SEFA and as the first characters in Item 9d of Part III on the SF
SAC.
(c) Recipients agree to separately identify to each subrecipient, and document at the time
of subaward and at the time of disbursement of funds, the Federal award number, CFDA
number, and amount of Recovery Act funds. When a recipient awards Recovery Act
19
funds for an existing program, the information furnished to subrecipients shall distinguish
the subawards of incremental Recovery Act funds from regular subawards under the
existing program.
(d) Recipients agree to require their subrecipients to include on their SEIaA information
to specifically identify Recovery Act funding similar to the requirements for the recipient
SEFA described above. This information is needed to allow the recipient to properly
monitor subrecipient expenditure of ARRA funds as well as oversight by the Federal
awarding agencies, Offices of Inspector General and the Government Accountability
Office.
20
OKLAHOMA DEPARTMENT OF COMMERCE
OFFICE OF COMMUNITY DEVELOPMENT
CONTRACT CERTIFICATION REGARDING LOBBYING
The undersign certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or
on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid
or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, "Disclosure Form to Report Lobbying,"
in accordance with its instructions.
(3) The undersigned shall require that the language of this certification
be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
Organization Name
Typed Name and Title of
Representative
Contract Number
Signature of Authorized
Representative
CERTIFICATE OF AUTHORIZED SIGNATURES
I,
Name
the chief elected or appointed official
Name of Organization (city /county /non- profit, etc.)
certify that I am
(hereinafter Contractor.), which contracts with the Oklahoma Department of
Commerce.
I certify that each such. contract will be signed for and on behalf of
Contractor pursuant to authority granted by its governing body and within the
scope of its legal powers.
I certify that. the persons named below as contract signatories are
authorized to sign all contracts and related documents issued to Contractor by
the Oklahoma Department of Commerce's Office of Community Development
and that the persons named as Fiscal Signatories are authorized to. sign all
fiscal and record - keeping documents on behalf of Contractor.
This :certification is effective with the date shown below and shall
re: main`. in .effe.ct..until.:re.vised or canceled by Contractor.
CONTRACT SIGNATORIES'
(Please Select Three)
Typed Name and Title of Contract Signatory Signature
Typed Name and Title of Contract Signatory Signature
Typed Name and Title of Contract Signatory Signature
FISCAL SIGNATORIES
(Please Select Three)
Typed Name and, Title of Fiscal Signatory Signature
Typed Name and Title of Fiscal Signatory Signature
Typed Name and Title of Fiscal Signatory Signature
CONTRACTOR RECOGNIZES THAT IT HAS FULL RESPONSIBILITY TO GIVE' THE
OKLAHOMA DEPARTMENT OF COMMERCE TIMELY NOTICE OF ANY CHANGE IN
THE INDIVIDUALS DESIGNATED ABOVE, OR OF ANY CHANGE OR LIMIT IN THEIR
AUTHORITY, INCLUDING THE .TYPE OF PROGRAM. OR AMOUNT CONTRACTED
`VOR
STATE OF OKLAHOMA
COUNTY OF
(Signature — Chief .Elected or
Subscribed and sworn to before me. this Appointed Official)
da of 20
y
(Typed `Name &'Title)
Notary Public (or Clerk or Judge) (Date),
(SEAL)
MY COMMISSION EXPIRES
MY COMMISSION NUMBER (OVER FOR INSTRUCTIONS)
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: SHERRY BISHOP
ASSISTANT CITY MANAGER
SUBJECT: WATER AND WASTEWATER RATE ADJUSTMENT
ORDINANCE NO. 968
DATE: July 16, 2010
BACKGROUND:
The FY 2010 -2011 Adopted Budget includes an estimated increase in revenues gained as a result
of proposed water, wastewater, and stormwater rate increases. These increases were included as
a precautionary measure to help avoid large rate increases associated with failing to increase
rates over longer periods of time and to mitigate any notice of rate increase received from the
City of Tulsa ( Owasso's water supplier). Additionally, revenues gained from water, wastewater,
and stormwater rate increases facilitate the City's compliance with more stringent Federal
requirements and provide funding for the Capital Improvements necessary to ensure Owasso's
water distribution and management system is up -to -date and capable of managing a quickly
growing population.
The estimated net results of these rate increases will be to pay the City of Tulsa approximately
$145,000 in increased water costs, and for Owasso to receive an additional $155,000 in utility -
generated revenue from water, wastewater, and drainage fees.
The current and proposed fee structure for utility services is presented below.
SERVICE
WATER
Minimum 1,000 gallons
Each additional 1,000 gallons
WASTEWATER
Minimum
Each additional 1,000 gallons
STORMWATER
Residential
REGULAR RATE
Current Proposed
10.54 10.84
3.97 4.27
6.83 6.97
2.50 2.55
2.50 3.00
RURAL RATE*
Current Proposed
12.65 13.01
4.77 5.12
6.83 6.97
2.50 2.55
N/A N/A
* Note: Water rates for rural customers have been established by OPWA Resolution to be 20%
greater than in -city rates. The proposed rate increase to rural customers would be $36 per first
1000 gallons and $35 per 1000 gallons thereafter.
The impact of the proposed rate increases on an average water customer would be approximately
$2.99 per month, or about $35.88 annually.
The Owasso Public Works Authority establishes utility rates by resolution and those rates are
adopted by an ordinance approved by the City Council.
ORDINANCES AND RESOLUTIONS:
Ordinance No. 968 adopts rates for water and sewer service effective October 1, 2010 as
established by OPWA Resolutions 2010 -04 and 2010 -05. The base rate for water would be
$10.84 with the usage rate per 1000 at $4.27. Customers outside the city limits would pay $13.01
for the base rate and $5.12 for the usage rate, 20% more than customers inside the city. Sewer
rates would be $6.97 for the base and $2.55 per 1000 gallons of usage.
City Council Resolution No. 2010 -09 increases stormwater system service rates for residential
customers effective October 1, 2010. The monthly service charge for the stormwater system
would be $3.00 for each single- family residential property, an increase of fifty cents.
OPWA Resolution No. 2010 -04 increases water rates effective October 1, 2010. The base rate
for water would be $10.84, an increase of thirty cents. The usage rate per 1000 of water would be
$4.27, also an increase of thirty cents. Customers outside the city limits would pay $13.01 for the
base rate and $5.12 for the usage rate, 20% more than customers inside the city.
OPWA Resolution No. 2010 -05 increases sanitary sewer rates effective October 1, 2010. The
base rate for sewer would be $6.97, an increase of fourteen cents. The usage rate per 1000
gallons would be $2.55, an increase of five cents. Customers outside the city limits pay the same
rate for sanitary sewer service.
RECOMMENDATION:
Staff recommends City Council approval of Ordinance No. 968, adopting and approving water
rates to become effective October 1, 2010, contingent upon OPWA Trustee adoption of
Resolution No. 2010 -04; and adopting and approving sanitary sewer service rates to become
effective October 1, 2010, contingent upon OPWA Trustee adoption of Resolution No. 2010 -05.
ATTACHMENT:
A. Proposed Rate Increases — Effect on Monthly Bill
B. Ordinance No. 968
Proposed Rafe Changes - Effect on Monthly Bill
Low Average Moderate - Summer High Summer
Usage Usage High Usage Usage Usage
Usage
Water
3,000 gallons
7,000 gallons
12,000 gallons
20,000 gallons
35,000 gallons
Sewer
2,000 gallons
5,000 gallons
8,000 gallons
10,000 gallons
10,000 gallons
Current Rate BillingAd
Water
18.48
34.36
54.21
85.97
145.52
Sewer
11,83
19.33
26.83
31.83
31.83
Refuse
13.70
13.70
13.70
13.70
13.70
Ambulance
6.00
6.00
6.00
6.00
6.00
Stormwater
2.50
2.50
2.50
2,50
2,50
Total
52.51
75.89
103.24
140.00
199.55
Proposed Rate Billing
Water
19.38
36.46
57.81
91.97
156.02
Sewer
12.07
19.72
27.37
32.47
32,47
Refuse
13.70
13.70
13.70
13.70
13.70
Ambulance
6.00
6.00
6.00
6.00
6.00
Stormwater
3.00
3.00
3.00
3.00
100
Total
54.15
78,88
107.88
147.14
211.19
$250
Rate Change Comparison
$211.19
$19955
$200
$140.00 $147.14
$150 _
$ 10768
$10324
$100 x r
$75.89 $78.88
$5251 $54.15
$50
$0
3,000 gals. water 7,000 gals. water I 12000 gals. water 20,000 gals. water f 3 5,0 00 gals. water
Low Usage Avg Usage: Moderate -High Usage: summer Usage: f {j High SunmerUsage:
Total morthly bill forcity single -family resideriid ausiomers
.Current Rate Roposed Rate
ORDINANCE NO. 968
CITY OF OWASSO, OKLAHOMA
AN ORDINANCE ADOPTING AND APPROVING THE WATER AND
SANITARY SEWER RATES AS SET BY THE OWASSO PUBLIC WORKS
AUTHORITY PURSUANT TO RESOLUTION NOS. 2010 -04 AND 2010 -05 OF
SAID BODY; AND AMENDING PART 17 UTILITIES, CHAPTER 1, WATER,
SEWER, AND SANITATION SYSTEMS, SECTION 17 -109 WATER RATES,
AND SECTION 17 -110 SEWER RATES; AND ESTABLISHING AN
EFFECTIVE DATE AND DIRECTING CODIFICATION.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA,
SECTION ONE: The water rates hereinafter set forth as established by the Owasso
Public Works Authority, An Oklahoma Public Trust having the City of Owasso, Oklahoma as
its beneficiary, are hereby adopted, approved and directed to be implemented in accordance
with OPWA Resolution No. 2010 -04 of the Owasso Public Works Authority dated July 20,
2010.
SECTION TWO: The provisions of the City of Owasso Code of Ordinances, referenced
as Part 17, Utilities, Chapter 1 Water, Sewer and Sanitation Systems, Section 17 -109 Water
Rates shall be amended as follows:
Section 17 -109 WATER RATES
A. There are hereby established the following uniform rates for the volume of water
delivered during each calendar month at each connection to the water system serving
one household or business located within the corporate limits of the City, as shown by
the water meter at such connection; provided that, regardless of amount of water
metered, the monthly charge for water for each connection shall not be less than the
"minimum charge" set forth:
WATER RATES MONTHLY (effective 10/01/2010)
1. First 1,000 gallons $10.84 (minimum charge); and,
2. Each additional 1,000 gallons $4.27
B. There are hereby established the following uniform rates for the volume of water
delivered during each calendar month at each connection to the water system serving
one household or business, located outside the corporate limits of the City, as shown by
the water meter at such connection; provided that, regardless of the amount of water
metered, the monthly charge for each such connection shall not be less than the
"minimum charge" set forth:
WATER RATES MONTHLY (effective 10/01/2010)
1. First 1,000 gallons $13.01 (minimum charge); and,
2. Each additional 1000 gallons $5.12
SECTION THREE: CODIFICATION
The City of Owasso Code of Ordinances is hereby amended by Part 17, Utilities, Chapter 1
Water, Sewer and Sanitation Systems, Section 17 -109 Water Rates.
SECTION FOUR: The sanitary sewer rates hereinafter set forth as established by the
Owasso Public Works Authority, An Oklahoma Public Trust having the City of Owasso,
Oklahoma as its beneficiary, are hereby adopted, approved and directed to be implemented in
accordance with OPWA Resolution No. 2010 -05 of the Owasso Public Works Authority dated
July 20, 2010.
SECTION FIVE: The provisions of the City of Owasso Code of Ordinances, referenced
as Part 17, Utilities, Chapter 1 Water, Sewer and Sanitation Systems, Section 17 -110 Sewer
Rates shall be amended as follows:
Section 17 -110 SEWER RATES
A. All users of the municipally owned wastewater treatment system shall be charged
a minimum of $6.97 per month, plus a charge of $2.55 per 1,000 gallons of
wastewater flow effective 10/01/2010. For all single - family users, wastewater flow
shall be determined indirectly by measuring the quantity of water received by the user
during three (3) winter months as described below. For users other than single -
family residential, wastewater flow may be determined by measuring the quantity of
water received each month or by the indirect method. In the case of users not on a
metered basis, the utility superintendent shall establish an estimated water
consumption based on a comparison of the non - metered use with a metered user of a
similar class. Example: A non - metered family of four compared to a typical family
of four with a water meter to establish water consumption.
SECTION SIX: CODIFICATION
The City of Owasso Code of Ordinances is hereby amended by Part 17, Utilities, Chapter 1
Water, Sewer and Sanitation Systems, Section 17 -110 Sewer Rates.
SECTION SEVEN: REPEALER
All ordinances or parts of ordinances, in conflict with this ordinance are repealed to the extent of
the conflict only.
SECTION EIGHT: SEVERABILITY
If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall
not be affected but remain in full force and effect.
SECTION NINE: DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
APPROVED this 20th day of July, 2010
CITY OF OWASSO, OKLAHOMA
LOW
ATTEST:
Sherry Bishop, City Clerk
APPROVED AS TO FORM:
Julie Lombard, City Attorney
Mayor
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: SHERRY BISHOP
ASSISTANT CITY MANAGER
SUBJECT: STORMWATER SERVICE RATE ADJUSTMENT
RESOLUTION NO. 2010-09
DATE: July 16, 2010
BACKGROUND:
The FY 2010 -2011 Adopted Budget includes an estimated increase in revenues gained as a result
of proposed water, wastewater, and stormwater rate increases. These increases were included as
a precautionary measure to help avoid large rate increases associated with failing to increase
rates over longer periods of time and to mitigate any notice of rate increase received from the
City of Tulsa (Owasso's water supplier). Additionally, revenues gained from water, wastewater,
and stormwater rate increases facilitate the City's compliance with more stringent Federal
requirements and provide funding for the Capital Improvements necessary to ensure Owasso's
water distribution and management system is up -to -date and capable of managing a quickly
growing population.
The estimated net results of these rate increases will be to pay the City of Tulsa approximately
$145,000 in increased water costs, and for Owasso to receive an additional $155,000 in utility -
generated revenue from water, wastewater, and drainage fees.
The current and proposed fee structure for utility services is presented below.
SERVICE
WATER
Minimum 1,000 gallons
Each additional 1,000 gallons
WASTEWATER
Minimum
Each additional 1,000 gallons
STORMWATER
Residential
REGULAR RATE
RURAL RATE*
Current
Proposed
Current
Proposed
10.54
10.84
12.65
13.01
3.97
4.27
4.77
5.12
6.83
6.97
6.83
6.97
2.50
2.55
2.50
2.55
2.50
3.00
N/A
N/A
* Note: Water rates for rural customers have been established by OPWA Resolution to be 20%
greater than in -city rates. The proposed rate increase to rural customers would be $.36 per first
1000 gallons and $35 per 1000 gallons thereafter.
The impact of the proposed rate increases on an average water customer would be approximately
$2.99 per month, or about $35.88 annually.
The Owasso Public Works Authority establishes utility rates by resolution and those rates are
adopted by an ordinance approved by the City Council.
ORDINANCES AND RESOLUTIONS:
Ordinance No. 968 adopts rates for water and sewer service effective October 1, 2010 as
established by OPWA Resolutions 2010 -04 and 2010 -05. The base rate for water would be
$10.84 with the usage rate per 1000 at $4.27. Customers outside the city limits would pay $13.01
for the base rate and $5.12 for the usage rate, 20% more than customers inside the city. Sewer
rates would be $6.97 for the base and $2.55 per 1000 gallons of usage.
City Council Resolution No. 2010 -09 increases stormwater system service rates for residential
customers effective October 1, 2010. The monthly service charge for the stormwater system
would be $3.00 for each single - family residential property, an increase of fifty cents.
OPWA Resolution No. 2010 -04 increases water rates effective October 1, 2010. The base rate
for water would be $10.84, an increase of thirty cents. The usage rate per 1000 of water would be
$4.27, also an increase of thirty cents. Customers outside the city limits would pay $13.01 for the
base rate and $5.12 for the usage rate, 20% more than customers inside the city.
OPWA Resolution No. 2010 -05 increases sanitary sewer rates effective October 1, 2010. The
base rate for sewer would be $6.97, an increase of fourteen cents. The usage rate per 1000
gallons would be $2.55, an increase of five cents. Customers outside the city limits pay the same
rate for sanitary sewer service.
RECOMMENDATION:
Staff recommends City Council approval of Resolution No. 2010 -09, adopting rates for
stormwater service to become effective October 1, 2010.
ATTACHMENT:
A. Proposed Rate Increases — Effect on Monthly Bill
B. Resolution No. 2010 -09
Proposed Rate Changes - Effect on Monthly Bill
Low Average Moderate - Summer High Summer
Usage Usage High Usage Usage Usage
Usage
Water
3,000 gallons
7,000 gallons
12,000 gallons
20,000 gallons
35,000 gallons
Sewer
2,000 gallons
5,000 gallons
8,000 gallons
10,000 gallons
10,000 gallons
Current Rate Billings
Water
18.48
34.36
54.21
85.97
145.52
Sewer
11,83
19,33
26.83
31.83
31.83
Refuse
13.70
13.70
13.70
13.70
13.70
Ambulance
6.00
6.00
6.00
6.00
6.00
Stormwater
2.50
2.50
2.50
2.50
2.50
Total
52.51
75.89
103.24
140.00
199.55
Proposed Rate Billing
Water
19.38
36.46
57.81
91,97
156.02
Sewer
i 2.07
19.72
27.37
32.47
32.47
Refuse
13.70
13.70
13.70
13.70
13.70
Ambulance
6.00
6.00
6.00
6.00
6.00
Stormwater
3.00
3.00
3.00
3.00
3.00
Total
54.15
78.88
107.88
147,14
211.19
$250
$200
$150
$100
$50
$7
Rate Change Comparison
$211.19
$ 199 55
$140.00 $147.14
$107.88
$10324
$75.89 $78.88 t
$5251 $54.15
3,000 gals. water 7,000 gals. water 12000 gals. water 20,000 gals. water 35)0
m 00 gals. water
Low Usage Avg Usage: Moderate -High Usage: Sumer Usage: HighSLnmerUsage:
Total morthy bill forcity single -family residertid cusbmers
Currerd Rate Proposed Rate
CITY OF OWASSO, OKLAHOMA
RESOLUTION NO. 2010-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, ADOPTING RATES FOR STORMWATER SYSTEM
SERVICE CHARGE WITHIN THE CITY LIMITS OF THE CITY OF
OWASSO, OKLAHOMA, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Owasso, Oklahoma desires to establish the
following rates for the provision of stormwater system service, effective October 1, 2010;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OWASSO, OKLAHOMA, THAT:
Section One: From and after the effective date of this Resolution (as hereinafter set forth),
the service charges by the City to its residential customers for the use of the
City's Stormwater System shall be $3.00 per month for one (1) ESU.
Section Two: The current rate charged by the City to its non - residential customers will
remain $2.50 per month per Equivalent Service Unite (ESU), where each
ESU equals 3,000 square feet of impervious area.
PASSED, ADOPTED AND APPROVED THIS 20" DAY OF JULY, 2010.
CITY COUNCIL, CITY OF OWASSO, OKLAHOMA
Doug Bonebrake, Mayor
ATTEST:
Sherry Bishop, City Clerk
APPROVED AS TO FORM:
t�L y
Lt � L oAo&:
R lie Lombardi, City Attorney
MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY
COUNCIL
FROM: LARISSA DARNABY
CITY PLANNER
SUBJECT: REQUEST FOR AN EASEMENT CLOSURE
DATE: July 16, 2010
BACKGROUND:
The City of Owasso has received a request for the closure of a utility easement on property located
1/4 of a mile north of East 106th Street North and just due east of the Owasso Expressway.
PROPERTY CHARACTERISTICS:
The tract is zoned for Office Medium and is currently vacant, but plans exist for a portion of the
Tulsa Technology Center campus to be constructed on the site. The property will be served by Rural
Water District # 3 Washington County water, and City of Owasso wastewater, police, fire and EMS
services.
ANALYSIS:
The applicant desires to close the 15' Utility Easement that runs west to east through the center
of the tract. The easement was originally filed to serve the tract with utilities in anticipation of
the site being divided into two parcels. The easement is currently vacant, and the closure will
have no detrimental impact on the subject tract, or surrounding areas. This request comes in
anticipation of a Final Plat being filed with one 20' utility easement that will route around the
TTC building for future services. All utility companies have been notified, and have accepted the
modification to the utility easement.
TECHNICAL ADVISORY COMMITTEE:
The request for the utility easement closure was reviewed by the Owasso Technical Advisory
Committee at their regular meeting on June 23, 2010. At that meeting, utility providers and City
staff were afforded the opportunity to comment on the application and request any changes or
modifications. There were no comments made in regards to this item.
PLANNING COMMISSION MEETING:
The Owasso Planning Commission reviewed and approved this item at their regularly scheduled
meeting on July 12, 2010.
RECOMMENDATION:
Staff recommends City Council approval of the Tulsa Tech easement closure.
ATTACHMENTS:
1. Survey of the Site
2. Location Map
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North
THIS MAP IS FOR INFORMATION PURPOSE ONLY AND IS NOT INTENDED TO
RF PRESF_NT AN ACCURATE AND TRUE_ SCALE;. USE OF THIS MAP is wl'rHOUT
WARRANTY OR. REPRESENTATION BY CITY OF OWASSO OF ITS ACCURACY.
111 N. Main Street
P.O. Box 180
Owasso, OK 74055
918.376.1500
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
BACKGROUND:
HONORABLE MAYOR AND MEMBERS OF THE CITY
COUNCIL
LARISSA DARNABY
CITY PLANNER
FINAL PLAT, CARRINGTON POINTE I
July 16, 2010
The City of Owasso has received a request from Carrington Point Development, LLC, to review
and approve a final plat consisting of 171 residential lots, in 5 blocks, on approximately 45 acres of
land.
LOCATION:
The subject property is located on the south side of East 86th Street North and about a quarter of a
mile west of North Memorial Drive.
PRESENT ZONING:
The subject property is currently zoned RS -2 and RS -3 Single Family Residential.
SURROUNDING ZONING:
North: Tulsa County Agriculture
East: Tulsa County Agriculture
South: Tulsa County Agriculture
West: Tulsa County Single Family
DEVELOPMENT PROCESS:
The first step in the development of a piece of property in Owasso is annexation. Annexation is
the method whereby land located outside the city limits is made a part of the city. Property owners
and land developers sometimes choose to have their property annexed into Owasso in order to
receive Owasso municipal services, such as police protection, refuse collection, and sanitary
sewer.
The second step in the development of a piece of property in Owasso is rezoning. When a
property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In
order to develop the property, the land must be zoned for particular kinds of uses, such as
residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the
growth policy displayed in the Owasso Master Plan.
One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD.
When a development proposes to exhibit a mixture of uses with specific regulations and standards
unique to a particular tract of land, a PUD is often the preferred land use control mechanism.
The third step in the development of a piece of property in Owasso is platting. A preliminary plat
is required for any development that proposes to divide land into two or more lots. Preliminary
plats illustrate the development concept for the property, and are often modified significantly after
being reviewed by the Technical Advisory Committee (TAC) and the Owasso Planning
Commission. Sometimes difficult development issues such as existing utility lines, wells, or
easements are brought to light at the preliminary plat stage and must be remedied prior to
development.
After the preliminary plat has been reviewed by the City and various utility companies,
construction plans for the development's infrastructure are submitted. These plans include
specifications and drawings for stormwater drainage, streets and grading and erosion control,
waterlines, stormwater detention, and wastewater lines. Often, approval is required of other
agencies, such as the Department of Environmental Quality for wastewater collection and the US
Army Corps of Engineers for properties that may be development sensitive.
Once the property development proposal shows a division of lots that is acceptable to both the
developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the
layout and dimension of lots included on the final plat, right -of -way widths, easements, and other
physical characteristics that must be provided for review by the City. After obtaining approval
from the TAC and Planning Commission, the final plat is considered by the City Council. If
approved, the final plat is filed with the office of the County Clerk and governs all future
development on that property.
FINAL PLAT REVIEW PROCESS:
The Final Plat review process is initiated when a property owner submits an application to the City
of Owasso requesting the review and acceptance of a subdivision of land. The application shall be
accompanied by the correct fee and final plat drawings and covenants. If the final plat is one lot
on one block, the applicant may forego the Preliminary Plat review. In such cases the applicant
will be responsible for submitting a certified abutting property owners report at the final plat stage
so that staff may notify abutting property owners.
Upon receipt of a complete application City staff will begin reviewing the proposal for compliance
with the Owasso Zoning Code, Subdivision Regulations, and Engineering specifications.
The proposed final plat will then be presented to the Owasso Technical Advisory Committee
(TAC) for review and recommendation. At that meeting utility providers and city staff are afforded
the opportunity to comment on the technical aspects of the development proposal. The TAC will
forward a recommendation to the Planning Commission.
The Owasso Planning Commission will hold a public hearing to determine if the application is
compliant with the Owasso Zoning Code, Subdivision Regulations, and Engineering criteria. The
Planning Commission will forward a recommendation to the City Council.
The Owasso City Council will then determine if the final plat meets city specifications and
approve, deny, or approve the final plat with conditions.
If the City Council approves the Final Plat, the applicant will then produce copies of the approved
Final Plat for signatures from the appropriate officials and file it with the County Clerk's office.
The applicant will provide the City of Owasso with three signed and recorded plats along with an 8
1/2 X 11 copy and an electronic copy for records.
ANALYSIS:
The applicant is requesting the review and approval of the Carrington Pointe I Final Plat so that
they may plat and eventually develop the property with single- family residential uses. The
property was annexed and rezoned in September of 2007 to a mix of RS -2 and RS -3 zoning
designations. The designation outlines the development standards for the property in a residential
manner.
According to the final plat, the developer would like to create 171 residential lots, in 5 blocks, on
approximately 45 acres of land. The property was annexed and zoned to accommodate residential
uses in September of 2007. The Preliminary Plat for Carrington Pointe I was heard at the October
8, 2007 Planning Commission meeting, and was approved 3 -0 with 14 conditions. The preliminary
plat was heard again at the May 10, 2010 Planning Commission Meeting and was approved with
the following conditions:
• Add language to the deed restrictions and covenants that would allow for a public
trail easement through reserve area "D" at some point in the future.
• Check to make sure there is no obstruction at the entry feature.
• Bring Lots 1, 47, and 48 of Block 3 into compliance with the bulk and area
requirements for an RS -2 zoning designation.
• Remove existing structures (i.e. gravel drives, metal buildings, etc.) from the face of
the plat).
• Identify portions of the plat which are zoned RS -2 and those which are zoned RS -3.
All of the listed conditions have been met.
Whenever any subdivision of land is proposed, and before any permit for the erection of a structure
in such proposed subdivision shall be granted, the owner of the land or his agent shall apply for
and secure both Planning Commission and City Council approval of a final plat for such proposed
subdivision. The final plat review process gives the citizens of Owasso the opportunity to actively
participate in the physical development and layout of the city.
Any development that occurs on the subject property must adhere to all subdivision, zoning, and
engineering requirements including, but not limited to, paved drives and storm water detention.
Sewer service and Water service will be provided by the City of Owasso. The property is subject
to storm siren payback fees of $35 per acre and the Barnes sanitary sewer payback fee of $80.36
per acre.
PLANNING COMMISSION MEETING:
The Owasso Planning Commission reviewed and approved this item at their regularly scheduled
meeting on July 12, 2010.
RECOMMENDATION:
Staff recommends City Council approval of the Carrington Pointe I Final Plat.
ATTACHMENTS:
1. General Area Map
2. Carrington Pointe Final Plat
CARRINGTON POINTE I I CITY OF OWASSO
6/30/10
SUBJECT PROPERTY 0
North
THIS MAP IS FOR rNFORMATION PURPOSE ONLY AND IS NOT INTEN13EL7 TO
REPRESENT AN ACCUFATT AND TRUE SCALE'. USE OF THIS MAP IS WITHOUT
WARRANTY OR REPRESENTA'T'ION SY CITY OF OWA.SSO OF ITS ACCURACY.
111 N. Main Street
P.O. Box 180
Owasso, OK 74055
918.376.1500
SURVEYOR: ENGINEER OWNER/DEVELOPER FINAL PLAT
//�' $ }r!!} Address
Benchmark Surveying & 2HE Group, d S Carrington Pointe Development, L.L.C. ■ - arringto n Pointe I ""C" t snot t aaa a Root a
Land Services, Inc. 1520 Wast Dogwood Street 807 South Xanthus V
P.O. Box 1078 Rogers, Arkansas 72756 Tulsa, Oklahoma 74104
Owasso, Oklahoma 74055 Phone: (479) 621 -7837 Phone: (918) 587 -2525 APART OF THE NE /4 AND THE SE /4 OF SECTION 26, T -21 -N, R -13- -E
N CC
Phone: (918) 274 -9081 AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA
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A PART OF THE NE/4 OF SECTION 26, T -21 -N, R -17 -E
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MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ROGER STEVENS
PUBLIC WORKS DIRECTOR
SUBJECT: EAST 76TH STREET NORTH ROADWAY IMPROVEMENTS FROM
HIGHWAY 169 TO NORTH 129TH EAST AVENUE
DATE: July 16, 2010
BACKGROUND:
Surface Transportation Program (STP) funds are made available on an annual basis by the
Federal Highway Administration (FHWA), through the Oklahoma Department of Transportation
(ODOT), for the implementation of eligible transportation improvements in the Tulsa Urbanized
Area. INCOG has established a selection process for the distribution of STP funds. Priority
funding is given to projects that meet federal regulations and help advance the Regional
Transportation Plan through safety improvements and to projects that reduce traffic congestion.
Proposed projects are evaluated for eligibility and priority based on a 100 -point rating system.
In May 2010, INCOG began accepting applications with a submittal deadline of July 26, 2010.
As a result, the City contracted with an engineering consulting firm (Poe & Associates,
Incorporated) to perform a conceptual engineering design of improvements to East 76th Street
North from U.S. Hwy 169 to North 129th East Avenue in the amount of $12,000.
In an effort to prevent the unnecessary expenditure of funds, the scope of work for the
engineering services was limited to the conceptual design only; providing only the information
needed to prepare and complete the INCOG funding applications.
If this project is selected in September 2010, the funding for engineering, right -of -way and utility
relocation will be targeted for federal assistance in FY 2014 or sooner, depending on funding
availability. If selected, the City of Owasso will need to submit an additional application to
INCOG requesting federal assistance for construction costs in May of 2011. Thus, it is
anticipated federal aid assistance for construction will be available in FY 2015 or sooner,
depending on project readiness and available funding.
CONCEPTUAL DESIGN SUMMARY:
The East 76th Street North from U.S. Hwy 169 to North 129th East Avenue, a secondary arterial
in Owasso, is a heavily used roadway that conveys residential and commercial traffic in the area,
Resolution 2010 -10
East 76th Street North from Hwy 169 to
North 129th East Avenue Roadway Improvements
Page 2 of 3
as well as commuter traffic to and from Owasso. This roadway accommodates a large
percentage of local traffic and is significant in the distribution of traffic to and from the Stone
Canyon Elementary School and the Port of Catoosa.
It is expected that the residential growth east of this project will increase traffic volumes and
continue to overload the existing two -lane road section. The following table shows existing and
future flow patterns:
Location
Daily Traffic
Daily Traffic Volume
Volume( Vehicles
(Vehicles per day
per day in 2010)
projected for 2020)
SW Corner of
Cemetery
15,855
25,826
N. 127th East Avenue
12,366
20,142
500' east of N. 129th
East Avenue
7,356
11,982
Based on current data, the traffic counts warrant the widening of the roadway.
PROPOSED ROADWAY IMPROVEMENTS:
The proposed lane configuration is a 5 -lane roadway section including 2 -lanes in each direction
with a center turn lane to expedite turning movements into the various subdivisions along the
roadway. Based on the conceptual design, the anticipated cost for the planning and construction
of the proposed roadway improvements is $6.8 million.
PROPOSED FUNDING:
MOT funding for this project will be through the Surface Transportation Program, which will
fund 80% of eligible project costs, while the local government funds 20 %. Based upon this
information, the following is an estimate of the cost distribution:
Resolution 2010 -10
East 76th Street North from Hwy 169 to
North 1291h East Avenue Roadway Improvements
Page 3 of 3
Project Segment
Estimate
($ millions)
ODOT Portion
($ millions)
City of Owasso Portion
Construction
$4.17
$3.37
$800,000
Right-of-Way
$1.26
$1.00
$252,000
Utility Relocation
$0.93
$0.74
$186,000
Engineering (8 %)
$0.44
$0.35
$88,000
Total Project Cost
$6.80
$5.46
$1,326,000
PROPOSED RESOLUTION:
The proposed Resolution declares the City's intent to request federal funding assistance through
the Surface Transportation Program Urbanized Area for the engineering, utility relocation, and
right -of -way acquisition needed to begin construction of the roadway improvements to East 76th
Street North from Hwy 169 to North 129th East Avenue. If selected, the City of Owasso will
need to submit an additional application to INCOG requesting federal assistance for construction
costs in May of 2011.
RECOMMENDATION:
Staff recommends City Council approval of Resolution No. 2010 -10, requesting ODOT to
consider the selection of the East 76th Street North Improvement Project as a candidate for
federal funding assistance through the Surface Transportation Program.
ATTACHMENTS:
A. Location Map
B. Proposed Resolution
ATTACHMENT A
IN
=r
�t
■
PROPOSED ROADWAY IMPROVEMENTS I CITY OF OWASSO
7/08/1
® PROJECT LIMITS 0
North
THIS MAP IS FOR INFORMATION PURPOSE ONLY AND IS NOT INTENDED T'O
REPRESENT AN ACCURATE AND TRUE SC:ALF, USF. OF TI IIS MAP IS WITI IOU'I'
WARRANTY OR REPRESENTATION BY C[TY OF OWASSO OF ITS ACCUP-ACY.
111 N. Main Street
P.O. Box 180
Owasso, OK 74055
918.376.1500
CITY OF OWASSO, OKLAHOMA
RESOLUTION NO. 2010-10
A RESOLUTION REQUESTING FEDERAL -AID SURFACE
TRANSPORTATION PROGRAM URBANIZED AREA FOR
ENGINEERING, RIGHT OF WAY, AND UTILITY RELOACTION OF
EAST 76 STREET NORTH FROM HWY 169 TO NORTH 129TH EAST
AVENUE ROADWAY IMPROVEMENTS.
WHEREAS, Surface Transportation Program funds for urbanized areas have been made
available for transportation improvements within approved Urban Areas; and,
WHEREAS, The City of Owasso is submitting a project candidate described as follows:
East 76TH Street North from Hwy 169 to North 129 East Avenue Roadway Improvements
WHEREAS, the submitted project is consistent with the local comprehensive plan,
including applicable Major Street and Highway Plan Element, and the Regional Transportation
Plan; and,
WHEREAS, the engineer's preliminary estimate for engineering, right -of -way, and utility
relocation is $2.63 million, and Federal participation under the terms of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A legacy for Users (SAFETEA -LU) relating to
Surface Transportation Program Urbanized Area funds are hereby requested for funding of 80
percent of the project cost; and,
WHEREAS, the City of Owasso proposes to use sales tax revenues as the source(s) of
funds for the balance of the project costs; and,
WHEREAS, the City of Owasso agrees, as a condition to receiving any Federal financial
assistance from the Department of Transportation, that it will comply with Title VI of the Civil
Rights Act of 1964,78 Stat. 252,42. U.S.C. 2000d et seq., and all requirements imposed by or
pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, "Nondiscrimination of Federally- Assisted Programs of the
Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964 "; and,
WHEREAS, the City of Owasso agrees to become jointly responsible, with the
Oklahoma Department of Transportation and the contractor as co- applicants, for meeting all
Environmental Protection Agency (EPA) requirements for storm water runoff from this project.
Further, if required, the City of Owasso agrees to file jointly, with the Department and the
contractor, the general National Pollutant Discharge Elimination System (NPDES) permit with
the EPA which authorizes the storm water discharges associated with activity from the
construction site identified in this resolution; and,
WHEREAS, the City of Owasso further agrees to deposit with the Oklahoma
Department of Transportation the matching funds required ninety (90) days prior to the contract
letting date; and,
WHEREAS, the City of Owasso further understands that acceptance of this resolution by
the Department is not a commitment to federal funding, but only registers the City's interest and
intent in participating in the program application process.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OWASSO, OKLAHOMA, that the Oklahoma Transportation Commission is hereby
requested to consider the selection of this project as a candidate for federal funding.
DATED this 20`h day of Jules
Mayor, Doug Bonebrake
ATTEST:
City Clerk, Sherry Bishop
APPROVED AS TO FORM:
4:�ZJ.JLon.o
C ty Attorney , Julie Lombardi
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: ROGER STEVENS
PUBLIC WORKS DIRECTOR
SUBJECT: AGREEMENT FOR GAS FACILITIES RELOCATION
WITH OKLAHOMA NATURAL GAS COMPANY -
EAST 86TH STREET NORTH — MAIN TO MEMORIAL
DATE: July 16, 2010
BACKGROUND:
On June 23, 2006, Tulsa County submitted an Agreement to provide improvements on East 86th
Street North, from Main Street to Memorial Road. Per the Agreement, the City of Owasso
consents to provide right -of -way acquisition, utility relocation, and engineering design services.
The County, in exchange, agreed to provide $1,000,000 in matching federal highway funding
and assisted in the procurement of federal funds and financing of engineering services.
UTILITY RELOCATION:
Oklahoma Natural Gas lines are located in private easements owned wholly by ONG, thus
resulting in the necessity of an agreement to be entered into to facilitate the relocating of the
lines and payment for said services.
ONG currently owns and operates 3,625 linear feet of various sized high and medium pressure
distribution pipelines within the limits of the project. Of this total length, 3,333 linear feet are
located outside the public ROW and within a privately owned easement. This portion will need
to be relocated at an estimated cost to the City of $988,502 including material, labor, and
contract administration.
AGREEMENT FOR GAS FACILITIES RELOCATION:
The Agreement (see Attachment A) contains language outlining the basis for the relocation costs
and how ONG will be reimbursed. A summary of the agreement's key points follows:
• Relocation costs will be based on actual costs of work performed.
• ONG will award and pay for the work based on competitive bids or continuing contract(s),
whichever is deemed most practical and economical by ONG.
If relocation services come in at a higher amount than the estimate, ONG will send the City a
written notice, and the City will have the right to terminate the agreement within ten (10)
days of receipt of notice.
Page 2
Agreement For Gas Facilities Relocation
East 86th Street North — Main to Memorial Roadway and Drainage Improvements
The City will reimburse ONG within thirty (30) days of completion of work, which is
estimated to be in the FY 2010 -2011 fiscal year.
ONG easements shall be considered to retain precedence so that any City project in the future
requiring additional relocations of the same facilities shall be paid by the City.
FUNDING:
Sufficient funding exists in the Capital Improvements Fund for this project.
RECOMMENDATIONS:
Staff recommends City Council approval of an agreement between Oklahoma Natural Gas
Company (ONG) and the City of Owasso in the amount of 988,502, for Gas Facilities Relocation
for the East 86th Street North from Main to Memorial Project; authorization for the Mayor to
execute the document; and approval of authority for the City Manager to terminate the agreement
if revised estimates submitted by ONG exceed the contract amount prior to construction, and it is
determined by the City Manager that the revised estimate no longer fits within the City budget.
ATTACHMENTS:
A. Agreement and Estimate
ATTACHMENT A
AGREEMENT
GAS FACILITIES RELOCATION
ROADWAY IMPROVEMENT PROJECT
E. 86TH ST. NO., MAIN TO MEMORIAL DR.
CITY OF OWASSO
TULSA COUNTY
Oklahoma Natural Gas Company, a Division of ONEOK, Inc., hereinafter called "Company," owns various high - pressure
and medium - pressure distribution natural gas pipelines within the construction limits of the referenced project in the City
of Owasso, Tulsa County, Oklahoma, which Company utilizes in the discharge of its duties as a public service
corporation.
City of Owasso, Oklahoma, a municipal corporation, hereinafter called "City," has requested Company to relocate these
facilities to accommodate the proposed construction of the referenced project as shown on plans therefore, the latest of
which were received electronically by Company on August 21, 2009. City agrees to reimburse Company in the extent and
manner hereinafter stated for that portion of the cost of relocating said facilities which is for the benefit of City.
Company proposes to perform the necessary relocation of its facilities in substantial accordance with the eighteen plan
sheets and the one -page cost estimate, all dated October 2, 2009, of which four copies each are attached. Company will
bear the cost of relocating the portions of the facilities which do not occupy private rights -of -way. The City's share of the
estimated cost of the necessary relocation will be $988,502, all of which is to be reimbursed to Company by City.
City by accepting the proposal agrees that City shall reimburse Company for its share of the total actual relocation costs,
said costs being arrived at in the same manner as used in Company's estimated cost of the project attached hereto.
Such relocation costs will be based upon, but not necessarily limited to, material suppliers', work contractors', and
equipment - rental invoices; and at then - current rates and prices, company's transfer and stores expense charges for
warehoused materials; payroll time sheets; indirect labor charges; auto, truck, and equipment use records; expense
statements; and standard allocated overhead charges. Company's award of and payment for contracted work will be based
upon competitive bids or continuing contract, whichever appears to the Company will be most practical and economical.
It is further understood, and City by accepting this proposal agrees, that City will reimburse the Company in accordance
with this agreement within thirty (30) days after the said relocation work has been completed and Company's statement
for City's costs thereof has been submitted. Company agrees that in the event Company should determine prior to
commencement of construction that the revised estimated amount of the reimbursement by the City may exceed the
estimated cost as stated herein, Company shall notify the City of such determination in writing. City shall have the right
to terminate this agreement within ten (10) days of receipt of such said written notice. If City elects to so terminate, City
shall pay Company the City's share of any engineering cost incurred to date of termination. If the City does not terminate
the agreement within the ten (10) days, it shall remain in full force and effect.
The Company by agreeing to or by abandoning, relocating, or modifying any of its facilities pursuant to this agreement
shall not thereby be deemed to have abandoned, modified, released, or otherwise destroyed any of its rights existing at the
time of the execution of this agreement under valid and subsisting private right -of -way easements granted to, obtained by
or through condemnation, or otherwise vested in the Company unless the Company shall have released same by written
instrument.
Further, should the Company in the course of relocating the above - described facilities relocate any of such facilities
Page 1 of 3
presently located on private right -of -way onto public right -of -way, the Company shall be deemed in respect to such
facilities to have retained sufficient easement and other rights such that if said facilities are encompassed within any
future governmental project requiring relocation, adjustment, or abandonment of such facilities, that the Company shall
be entitled to reimbursement for the cost of such relocation, adjustment, or abandonment from the governmental agency
requiring the same; provided, however, this provision shall not be construed as requiring reimbursement by the City of
Owasso except when such relocation, adjustment, or abandonment is required for a project of the City of Owasso.
Any changes made by the City in this proposal as submitted by the Company shall be subject to the written acceptance
thereof by the Company before there is any binding contract between the parties.
City by accepting this proposal warrants that it now has or will have unencumbered funds available with which to pay the
relocation costs to the extent herein above provided.
If this proposal is not accepted by the City within one (1) year from the date of this letter, this proposal shall
automatically terminate and thereafter shall not be subject to acceptance by the City unless the proposal is reinstated by
Company.
Company respectfully requests that the City of Owasso agree to the terms of this proposal by signing in the space
provided below and returning one executed copy to us.
ATTEST: OKLAHOMA NATURAL GAS COMPANY,
A DIVISION OF ON OK, Inc.
By:
Secretary teve Wood
Dated:
Vice President - Operations
�— j� —��p
Page 2 of 3
to
APPROVED as to form and legality this I (.*day of '5-u \V , 208
L vu L a.I G
Ci Attorney , Julie Lombardi
CITY OF OWASSO, OKLAHOMA
Mayor , Doug Bonebrake
ATTEST:
City Clerk , Sherry Bishop
This 20th day of July 1 ??669- 2010
Page 3 of 3
OKLAHOMA NATURAL GAS COMPANY
ESTIMATED GAS FACILITIES RELOCATION COST
E. 86TH ST. N., MAIN TO MEMORIAL DRIVE
STATE JOB NO. 24037(04)1£ 24037(06)
MATERIAL COST:
6 5/8" PIPE - STEEL, 280" WALL, 18,99 # /FT, API -5L, A -53 -13, SMLS, COATED W/ ARO
2 3/8" PIPE - STEEL, .154" WALL, 3.65 # /FT, API -5L, A -53 -B, SMSL, COATED W/ ARO
6" TEE - SPHERICAL, SERIES 300, ANSI 300, 740 LB WP
2" TEE -FULL ENCIRCLEMENT, 3 -WAY, ANSI 300, 740 LB WP
2" VALVE -GATE, RF, FLANGED, ANSI 300, 740# WP, STEEL
2" FLANGE -WELD NECK, RAISED FACE, ST, 300 LB
2" GASKET -.125" THICK, WEIR 300, 400, 740 PSI WP
2" BOLT -STUD, 5/8 "x3 1/2" W /2 -2H HEX NUTS, ASTM GR -B7
6" ELBOW -ST WELD 90 DEG LR, STD GRADE B, SMLS
2" ELBOW -ST WELD 90 DEG LR, STD GRADE B, SMLS
2" ELBOW -ST 45 DEG LR, STD GRADE B, SMLS
6 "x6 "x2" TEE- REDUCER, WELD, STEEL, STD. GRADE B, SMLS,
6" CAP - STEEL -WELD, STD WT
2" CAP - STEEL -WELD, STD WT
2" FITTING - THREADED, 0 -RING, 1500 LB WP
52 "-84" BOX - VALVE, ABS POLY MATERIAL, SCREW TYPE
6" WRAP -PIPE, SLEEVE, DIRAX, FOR DIRECTIONAL BORING, HEAT SHRINK
2" WRAP -PIPE, SLEEVE, DIRAX, FOR DIRECTIONAL BORING, HEAT SHRINK
GALLON - PRIMER -PIPE WRAP, MASTIC TYPE, GALLON
4 "x50' WRAP -PIPE, BLACK, 35 MIL, LAMINATED PL FILM, ROLL
GALLON - PRIMER -WAX, TAPE #1, UNDERGROUND APPLICATION
4 "x9' WRAP- COATING, WAX, UNDERGROUND NO. 1, BROWN
MISC. MATERIAL
TOTAL ESTIMATED MATERIAL COST
INSTALLATION COST:
Stores Expense
Contract Construction Labor
Contract Design & Drafting Services
Company Labor
Indirect Labor, Payroll, Insurance, and Taxes
Automotive Expense
Right of Way Damages
TOTAL
Administrative and General Expense
Omissions and Contingencies
ESTIMATED INSTALLATION COST
ESTIMATED MATERIAL COST
ESTIMATED ABANDONMENT COST
TOTAL ESTIMATED RELOCATION COST
FINANCIAL RESPONSIBILITY
Total within Private Right of Way = 3333 ft.
Total within Public Right of Way = 292 ft
City Share 3333 ft. within additional required R/W
3625 ft. within total required R/W
ONG Share 292 ft. within present Public R/W
3625 ft. within total required R/W
Eastern Region Engineering (Randy Stalcup)
Prepared By:
Utility Design Services Inc.
10/2/2009
QTY
UNIT COST
AMOUNT
3,760
ft.
31.86
$119,794
240
ft.
9.77
$2,345
10
ea.
944.66
$9,447
1
ea.
502.20
$503
1
ea.
570.11
$571
2
ea.
20.48
$41
2
ea.
147
$7
16
ea.
1.10
$18
30
ea.
53.35
$1,601
6
ea.
9.71
$59
1
ea.
4.17
$5
1
ea.
104.28
$105
20
ea.
28.39
$568
2
ea.
10.94
$22
5
ea.
184.50
$923
1
ea.
56.12
$57
40
ft.
101.90
$4,076
3
ea.
58.85
$177
1
ea.
23.19
$24
24
ea.
11.28
$271
2
ea.
24.74
$50
24
ea.
5.59
$135
$28,160
$ 168,959
91.94% = $988,502
8.06% = $86,658
$43,778
$362,770
$8,952
$54,416
$20,793
$10,884
$15,000
$685,552
$313,435
$49,949
$879,977
$168,959
$26,224
$1,075,160
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: ROGER STEVENS
PUBLIC WORKS DIRECTOR
SUBJECT: FY 2009 -2010 STREET REHABILITATION PROGRAM PROPOSED
PROJECT LISTING
DATE: July 16, 2010
BACKGROUND:
Annually, the Capital Improvements Fund allows for the expenditure of funds for the repair
and /or resurfacing of residential and non - residential roadways. Street rehabilitation sites have
been evaluated and selected based on a comprehensive assessment of roadway conditions. The
selection process was aimed at maximizing return on investment by increasing roadway lifecycle
and minimizing future maintenance costs while enhancing overall roadway driving conditions
and public safety.
In the past, the City of Owasso has entered into an inter -local agreement with Tulsa County for
the use of labor and equipment. In recent conversations with Tulsa County, staff has been
advised that Tulsa County is unable to assist the City of Owasso this year with this paving
project. Our intent, if approved by City Council, is to utilize what funding is available and go out
for public bid with a primary rehabilitation area as well as an alternate site to rehab if funding
allows an additional scope of work.
PRIORITY STREET REPAIRS AND SIGNAL ENHANCEMENTS IDENTIFIED:
In June 2010, the street inventory data was updated and refined. The database for the model was
adjusted to reflect changes in segment conditions and a new high - priority listing was generated.
A map depicting the location of the priority sites has been included (see Attachment A). The
new priority list includes data for four (4) street segments. The anticipated cost of the list of
improvements for the Street Rehabilitation is approximately $200,000.
PROJECT FUNDING:
Funding for this project is included in the Capital Improvements Fund budget.
RECOMMENDATION:
Staff recommends City Council approval of the FY 2009 -2010 Street Rehab Program project
listing.
ATTACHMENTS:
A. Recommended FY 2009 -2010 Street Repair Location Map
MEMORANDUM
TO: CITY COUNCIL
CITY OF OWASSO
FROM: DOUG BONEBRAKE
MAYOR
SUBJECT: APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
DATE: July 16, 2010
BACKGROUND:
Pursuant to authority contained in Article 2, Section 2 -4, subsection (e) of the Charter of
the City of Owasso, the City Council has established ordinances that provide, generally,
for the Mayor to appoint members to various boards, commissions, trusts, and
committees; such appointments subject to confirmation by the City Council.
Additionally, the Council has established the same procedure, by precedent, for those
appointments not specifically addressed by ordinance.
It is, therefore, the purpose of this memorandum to recommend for Council confirmation
the following appointments to the positions as indicated:
ANNEXATION COMMITTEE:
Councilor Jon Sinex
Councilor Doug Bonebrake
David Vines (Planning Commission Representative)
Kevin Lane (Citizen)
Bradd Clark (Fire)
Dan Yancey (Police)
Warren Lehr (Assistant City Manager)
Karl Fritschen (Community Development)
Chelsea Harkins (Economic Development)
Roger Stevens (Public Works)
Julie Lombardi (City Attorney)
AUDIT COMMITTEE:
Councilor Bryan Stovall (Seat 1)
Dennis Phillips (Seat 5)
BOARD OF ADJUSTMENT:
Jim Bausch (Citizen)
David Hall (Citizen)
1
CAPITAL IMPROVEMENTS COMMITTEE:
Doug Bonebrake (City Council)
Bryan Stovall (City Council)
Charlie Brown (Planning Commission)
Dirk Thomas (OEDA Representative)
Frank Enzbrenner (Banking Representative)
Trish Hauser (Chamber Representative)
Wayne Ruess (Citizen)
Jim Hunter (Citizen)
Dr. Chris Kelley (Citizen)
Rob Haskins (Citizen)
Bradd Clark (Fire)
Karl Fritschen (Community Development)
Chelsea Harkins (Economic Development)
Angela Hess (Finance)
Roger Stevens (Public Works)
Dan Yancey (Police)
Sherry Bishop (Assistant City Manager)
Warren Lehr (Assistant City Manager)
Rodney Ray (City Manager)
OWASSO ECONOMIC DEVELOPMENT AUTHORITY:
David Charney (Citizen)
Gary Akin (Chamber Representative)
Councilor Steve Cataudella (Council Representative)
PERSONNEL BOARD:
Mike Sullivan (Citizen)
PLANNING COMMISSION:
Dr. Paul Loving (Citizen)
Charlie Brown (Citizen)
TULSA COUNTY CRIMINAL JUSTICE AUTHORITY SALES TAX
COMMITTEE:
Alan Hughes (Citizen)
INCOG BOARD OF DIRECTORS:
Councilor Wayne Guevara (City Council)
Rodney Ray (City Manager, Alternate)
INCOG LEGISLATIVE CONSORTIUM:
Dan Yancey (Police)
John Feary (Public Works, Alternate)
2
INCOG ENVIRONMENTAL POLICY COMMITTEE:
Roger Stevens (Public Works)
REGIONAL METROPOLITAN UTILITY AUTHORITY:
Sherry Bishop (Assistant City Manager)
Rodney Ray (City Manager)
TRANSPORTATION POLICY COMMITTEE:
Councilor Wayne Guevara
Rodney Ray (City Manager, Alternate)
TRANSPORTATION TECHNICAL COMMITTEE:
Roger Stevens (Public Works)
Steve Albert (Public Works, Alternate)
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIE TROUT LOMBARDI
CITY ATTORNEY
SUBJECT: AMENDMENT OF RULES OF PROCEDURE FOR THE CITY COUNCIL
IN PART 2, CHAPTER 4; ORDINANCE NO. 969
DATE: July 16, 2010
BACKGROUND
Staff is in the process of reviewing all City ordinances and developing recommendations for
making needed additions, deletions and changes to the City's Code of Ordinances. This process
is being done as Staff prepares to make access to the ordinances available from the City's
website. As a part of that preparation, two ordinances are initially presented for City Council
consideration which, if approved, would 1) amend the current section regulating procedure
followed in City Council meetings, and 2) repeal a significant portion of the chapter governing
administration and control of the City's parks. Reasons for the proposed changes are discussed
separately below.
DISCUSSION OF PROPOSED CHANGES TO ORDINANCES
A. Amendments to Part 2, Chapter 4, Rules of Procedure for the City Council
Two ordinances within Part 2, Chapter 4, Rules of Procedure for the City Council, currently
contain language which is outdated or does not accurately reflect current practices followed by
the City Council. Specifically, Section 2- 402(B), Regular Meeting, requires amendment to show
that meetings of the City Council are held in the current Council chambers at 109 N. Birch rather
than the previous location. Likewise, amendment of Section 2- 409(B), Order of Business, is
proposed so that the order of business currently followed during City Council meetings is
correctly listed in the Ordinance. The proposed amendment also adds language to 2- 409(B)
stating that the business of the City shall be taken up for consideration and disposition by the
Council in the order set forth in the ordinance or according to the posted agenda. Inclusion of
this new language affords the Council increased flexibility to accommodate the continuously
changing circumstances and contingencies which inevitably arise with public meetings. In
addition, even if the order of business followed in a particular Council meeting differs in some
respect from Section 2 -409's proscribed order, the Council is in compliance with the ordinance if
the order of business published in the posted agenda was followed.
1
B. Repeal of Ordinances within Part 11, Chapter 1, Administration and Control of Parks
The majority of ordinances within Chapter 1 governing the administration and control of parks
were adopted years ago and contain provisions based on the existence and active participation of
a Park Advisory Committee sharing direction and planning for the City's parks with Staff and
the City Council. As a result, a number of the provisions in Chapter 1 are now irrelevant because
the Park Advisory Committee no longer exists. In addition, Chapter 1 contains numerous
provisions which seek to define the scope of the City's power and jurisdiction over its parks.
Not only are these ordinances unnecessary and confusing, but they also pose a legal concern if
they differ from the power given to the City under state law or in any way restrict the City's
power to exercise complete governance over parks within its limits.
As a general rule, laws based upon the presence or existence of a particular fact or condition
should be amended once the fact or condition is removed. In this case, small inaccuracies or
limitations within this section potentially obstruct the City's power to control and govern its
parks and may create increased vulnerability to legal challenge. In short, there is no reason to
retain ordinances which attempt to spell out which rights and powers the City may or may not
have to govern City parks. Rather, repeal of those ordinances and reliance upon the broad
statutory powers afforded to the City to regulate parks under state law is vastly preferable.
STATUS AND RECOMMENDATION
Staff recommends City Council approval of Ordinance No. 969, amending Part 2,
Administration and Government, Chapter 4, Rules of Procedure for the City Council, by
amending Sections 2 -402, Regular Meeting, and 2 -409, Order of Business, of the Code of
Ordinances of the City of Owasso, Oklahoma.
ATTACHMENTS
1. Ordinance No. 969 — Amendment of Rules of Procedure for the City Council
2
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 969
AN ORDINANCE AMENDING PART 2, ADMINISTRATION & GOVERNMENT,
CHAPTER 4, RULES OF PROCEDURE FOR THE CITY COUNCIL, BY AMENDING
SECTIONS 2 -402, REGULAR MEETING, AND 2 -409, ORDER OF BUSINESS, OF THE
CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA.
THIS ORDINANCE AMENDS PART 2, CHAPTER 4, BY AMENDING SECTIONS 2 -402
AND 2 -409 OF THE CITY OF OWASSO CODE OF ORDINANCES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT, TO -WIT:
SECTION ONE (1): AMENDMENT OF SECTIONS 2 -402 AND 2 -409
Part Two, Administration & Government, Chapter Four, Rules of Procedure for the City Council,
Sections 2 -402 and 2 -409 of the Code of Ordinances of the City of Owasso, Oklahoma shall be
amended as follows:
SECTION 2 -402 REGULAR MEETING
A. Time. The city council shall hold regular meetings on the first and third Tuesday of each
month at 6:30 P.M.; provided, however, that when the day fixed for any regular meeting of the city
council falls on a day designated by law as a legal or national holiday, a day wherein an election is
held within the city, or a day wherein a majority of the members of the city council shall be absent
from the city, the council, not less than ten (10) days prior to the date for implementation of any such
change, may, by motion, change the date, time or place of a regularly scheduled meeting of the city
council, provided written notice thereof is contemporaneously given the city clerk of the city. (Ord.
No. 583,7/21/98)
B. Place. All regular meetings of the city council shall be held in the council chambers, 301
South Cedar, Owasso, Oklahoma, unless otherwise provided in subsection A hereof.
PROPOSED AMENDMENT TO SECTION 2 -402 REGULAR TIN -
A. No Change.
B. Place. All regular meetings of the city council shall be held in the council chambers, 109
N. Birch, Owasso, Oklahoma, unless the location of a meeting shall be changed as
provided in subsection A hereof.
SECTION 2 -409 ORDER OF BUSINESS
A. All meetings, regular, special and emergency, except executive sessions as authorized by law,
shall be open to the public. No person shall be barred unless such person is disorderly or refuses to
obey the order of the mayor, or vice -mayor in the mayor's absence, or temporary chairman upon the
event of absence of either the mayor or vice - mayor, who may order the chief of police or any
attending police officer to eject any such person. The police department shall have at least one
officer present or standing by at each council meeting.
B. Promptly at the hour set by law on the day of each regular, special or emergency meeting,
the members of the city council, the city manager, the city clerk and the city attorney shall take their
regular stations in the council chambers and the business of the city council shall be taken up for
consideration and disposition in the following order:
1. Call to order;
2. Flag salute;
3. Roll call;
4. Approval of minutes of previous meeting;
5. Consideration of unfinished business from previous meeting;
6. Introduction and adoption of resolutions and ordinances;
7. Consideration of petitions, contracts and communications;
8. Report of officers;
9. Approval of claims;
10. New business; and
11. Consideration of request for executive sessions.
C. The order of disposition of the matters to betaken up for consideration by the council may
be rearranged by the direction of the mayor, or the vice -mayor in the mayor's absence, or
the temporary chairman in the event of absence of the mayor and vice - mayor, the concept
of the mayoral prerogative being hereby preserved.
"I'1 I 1 I. O1 15150 1 IN IFFI' 1JW;K1JWa
1
A. No Change.
B. Promptly at the hour set by law on the day of each regular, special or emergency meeting,
the members of the city council, the city manager, the city clerk and the city attorney
shall take their regular stations in the council chambers and the business of the city
council shall be taken up for consideration and disposition in the following order or
according to the posted agenda:
1. Call to order;
2. Flag salute;
3. Roll call;
4. Consideration of Consent Agenda;
5. Introduction and Adoption of Resolutions and Ordinances;
6. Consideration of Petitions, Contracts and Communications;
7. Report from City Manager;
8. Report from City Attorney;
9. Report from City Councilors;
10. New business; and
11. Consideration of request for executive sessions. An executive session for any
permitted purpose under Oklahoma law may be listed in any location on an agenda.
SECTION TWO (2): REPEALER
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent
of the conflict only.
SECTION THREE (3): SEVERABILITY
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 FOUR (4): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
SECTION FIVE (5): CODIFICATION
This ordinance shall amend Part 2, Chapter 4, Sections 2 -402 and 2 -409 of the Owasso Code of
Ordinances.
PASSED by the City Council of the City of Owasso, Oklahoma on the 20th day of July, 2010.
3
Doug Bonebrake, Mayor
ATTEST:
Sherry Bishop, City Clerk
(SEAL)
APPROVED as to form and legality this —L5' day of July, 2010.
lie Lombardi
City Attorney
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIE TROUT LOMBARDI
CITY ATTORNEY
SUBJECT: REPEAL OF ORDINANCES FOR PARKS IN PART 11, CHAPTER 1;
ORDINANCE NO. 970
DATE: July 16, 2010
BACKGROUND
Staff is in the process of reviewing all City ordinances and developing recommendations for
making needed additions, deletions and changes to the City's Code of Ordinances. This process
is being done as Staff prepares to make access to the ordinances available from the City's
website. As a part of that preparation, two ordinances are initially presented for City Council
consideration which, if approved, would 1) amend the current section regulating procedure
followed in City Council meetings, and 2) repeal a significant portion of the chapter governing
administration and control of the City's parks. Reasons for the proposed changes are discussed
separately below.
DISCUSSION OF PROPOSED CHANGES TO ORDINANCES
A. Amendments to Part 2, Chapter 4, Rules of Procedure for the City Council
Two ordinances within Part 2, Chapter 4, Rules of Procedure for the City Council, currently
contain language which is outdated or does not accurately reflect current practices followed by
the City Council. Specifically, Section 2- 402(B), Regular Meeting, requires amendment to show
that meetings of the City Council are held in the current Council chambers at 109 N. Birch rather
than the previous location. Likewise, amendment of Section 2- 409(B), Order of Business, is
proposed so that the order of business currently followed during City Council meetings is
correctly listed in the Ordinance. The proposed amendment also adds language to 2- 409(B)
stating that the business of the City shall be taken up for consideration and disposition by the
Council in the order set forth in the ordinance or according to the posted agenda. Inclusion of
this new language affords the Council increased flexibility to accommodate the continuously
changing circumstances and contingencies which inevitably arise with public meetings. In
addition, even if the order of business followed in a particular Council meeting differs in some
respect from Section 2 -409's proscribed order, the Council is in compliance with the ordinance if
the order of business published in the posted agenda was followed.
1
B. Repeal of Ordinances within Part 11, Chapter 1, Administration and Control of Parks
The majority of ordinances within Chapter 1 governing the administration and control of parks
were adopted years ago and contain provisions based on the existence and active participation of
a Park Advisory Committee sharing direction and planning for the City's parks with Staff and
the City Council. As a result, a number of the provisions in Chapter 1 are now irrelevant because
the Park Advisory Committee no longer exists. In addition, Chapter 1 contains numerous
provisions which seek to define the scope of the City's power and jurisdiction over its parks.
Not only are these ordinances unnecessary and confusing, but they also pose a legal concern if
they differ from the power given to the City under state law or in any way restrict the City's
power to exercise complete governance over parks within its limits.
As a general rule, laws based upon the presence or existence of a particular fact or condition
should be amended once the fact or condition is removed. In this case, small inaccuracies or
limitations within this section potentially obstruct the City's power to control and govern its
parks and may create increased vulnerability to legal challenge. In short, there is no reason to
retain ordinances which attempt to spell out which rights and powers the City may or may not
have to govern City parks. Rather, repeal of those ordinances and reliance upon the broad
statutory powers afforded to the City to regulate parks under state law is vastly preferable.
STATUS AND RECOMMENDATION
Staff recommends City Council approval of Ordinance No. 970, repealing Part 11, Parks,
Recreation & Cultural Affairs, Chapter 1, Administration and Control of Parks, Sections 11 -101,
11 -102, 11 -103, 11 -104, 11 -105, 11 -106, 11 -107, 11 -108, 11 -109, 11 -111, 11 -114 and 11 -115 of
the Code of Ordinance of the City of Owasso, Oklahoma.
ATTACHMENTS
1. Ordinance No. 970 — Repeal of Ordinances within Administration and Control of Parks
2
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 970
AN ORDINANCE REPEALING PART 11, PARKS, RECREATION & CULTURAL
AFFAIRS, CHAPTER 1, ADMINISTRATION AND CONTROL OF PARKS, SECTIONS 11-
101,11- 102,11- 103,11- 104,11- 105,11- 106,11- 107,11- 108,11- 109,11- 111,11 -114 and 11 -115
OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA.
THIS ORDINANCE REPEALS PART 11, CHAPTER 1, SECTIONS 11- 101,11- 102,11 -103,
11- 104,11- 105,11- 106,11- 107,11- 108,11- 109,11- 111,11 -114 AND 11 -115 OF THE CITY OF
OWASSO CODE OF ORDINANCES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT, TO -WIT:
SECTION ONE (1): REPEAL
Part Eleven, Parks, Recreation & Cultural Affairs, Chapter One, Administration and Control of
Parks, Sections 11 -101, 11-102,11-103,11-104,11-105,11-106,11-107,11-108,11-109, 11 -111,
11 -114 and 11 -115 of the Code of Ordinances of the City of Owasso, Oklahoma, as listed below,
shall be repealed:
SECTION 11 -101 CONTROL AND MANAGEMENT OF CITY PARKS
All public parks within the jurisdiction of the city together with all park property which may be
hereafter acquired for park purposes, shall be under the management, care and control of the city
council. (Prior Code, Sec. 15 -1; Ord. No. 379, 2/16/88)
State Law Reference: City recreation and park programs, 11 O.S. Sections 33 -101 et seq.
SECTION 11 -102 CITIZEN ADVISORY COMMITTEES MAY BE APPOINTED
The city council may from time to time appoint citizen committees. Any committee appointed shall
contain at least one member thereof who is a disabled person knowledgeable in the needs and desires
of the disabled of the community. Such committees shall be formed to gather citizen input into parks
and recreation needs. No member of the committee can be an employee of the city, nor a current
member of the city council unless such person or persons have not been employed by the city for two
(2) years previous to being so appointed. The committee will make required reports directly to the
city council. (Ord. No. 379, 2/16/88)
SECTION 11 -103 RULES AND REGULATIONS
A. The council shall have full and exclusive power to make rules and by -laws for parks.
B. The city manager shall prescribe and define the respective duties, powers and authority of
all park department personnel and shall fix and regulate the compensation to be paid to the
several persons so employed. (Prior Code, Sec. 15 -3; Ord. No. 379, 2/16/88)
SECTION 11 -104
FURTHER POWERS; RULES AND REGULATIONS
A. The city shall have the care, management and control of all parks and grounds used for park
purposes, all boulevards, connecting parks and structures thereon, and parkways, now or hereafter
owned by or in the control of the city, within the corporate limits of the city, and may give proper
designating names thereto.
B. The city shall have power to acquire, and to hold property, within the corporate limits of such
city for the purpose of establishing public parks and public squares, or the enlarging of existing
parks, or for boulevards, connecting parks, and parkways, by condemnation or by contract for the
same; to accept conveyances thereof; to receive gifts, donations, or devises of land or other property
for park purposes; to lay out and to improve with walks, drives, and roads, to build necessary
culverts and bridges, to drain, plan, and otherwise at their discretion to improve and adorn the parks
and other property thus held or acquired by the city; to erect such buildings as may be needed for the
use, protection, and refreshment of the public. However, in no case shall expenditure be made in
excess of the amount provided by the city council and from other sources.
C. The city shall have power to make and alter, from time to time, all needful rules and
regulations for the maintenance of order, safety, and decency in the parks, both within and without
the limits of the city and to affix penalties for disobedience thereto, which rules and regulations shall
have the force of ordinance of the city. However, no such rules and regulations shall be of any effect
unless it shall have been first approved by the city council. For the purpose of enforcing such rules
and regulations, all such parks and property, within the limits of the city, are hereby placed under the
police jurisdiction of the city. Complaints for the violation of such regulation maybe made by the
city attorney to the court of the city.
D. Any member of the police department may arrest, without warrant, in any of such parks
or places, whether within or without the limits of the city, any-person who has broken any park rules,
or committed any violation of such rules or the ordinances of the city in the park. The municipal
court shall have jurisdiction of all such violations committed within the limits of the parks. (Prior
Code, Sec. 15 -4; Ord. No. 379, 2/16/88)
SECTION 11 -105 PREPARATION OF ANNUAL BUDGET AND SUPPLEMENTAL
APPROPRIATIONS
The city, together with the park superintendent, shall be responsible for preparing and submitting the
annual budget for the park department or any request for supplemental appropriations and then must
be approved by the city council and city manager. (Prior Code, Sec. 15 -5; Ord. No. 379, 2/16/88)
SECTION 11 -106 PROJECT EXPENDITURES; PRIOR APPROVAL; REOUIRED
WHEN
A. No budgeted project or capital improvement may be commenced by the city without prior
review and approval of the city council if the aggregate sum required for such project or capital
improvement exceeds Two Thousand Dollars ($2,000.00). Such projects and capital expenditures
shall be reviewed and approved independently of the budget as a whole.
B. All spending of city funds through the parks and recreation budget must be approved by the city
manager before an item or items are purchased by the park superintendent. (Prior Code, Sec. 15 -6;
Ord. No. 379, 2/16/88)
SECTION 11 -107
PIPES; WIRES AND SUPPORTS IN PARKS
The city shall have sole power to determine the places in the parks and parkways, and other property
under their control, where sewers, gas, and water pipes shall be laid. No trench for these purposes
shall be opened until the commissioners shall have designated the location of the same and given
permission in writing. No railroad, telephone, or electric light wires, or other wires, or posts or
supports therefore, shall be erected in, upon, through or over the parks or parkways, without the
consent in writing of the city, who shall designate the place and manner of erecting and maintaining
the same, to be altered at such time and in such manner, and under conditions as the city may deem
best. (Prior Code, Sec. 15 -7; Ord. No. 379, 2/16/88)
SECTION 11 -108 EXPENDITURE FOR PARK PURPOSES
Proper vouchers shall be rendered against the city for all expenditures, duly verified, as all claims
against cities. (Prior Code, Sec. 15 -8; Ord. No. 379, 2/16/88)
SECTION 11 -109 ESTABLISHMENT OF BOULEVARD OR PARKWAYS; CONTROL
The city shall have power to connect any public park under its control with any other park over
which it has jurisdiction, by a boulevard or parkway, and whenever in their judgment, necessary, they
may designate, as such, any existing highway, or parts thereof, which shall thereupon be deemed a
part of the parkway; but the same shall remain under the control of the city authorities now having
jurisdiction thereof. (Prior Code, Sec. 15 -9; Ord. No. 379, 2/16/8)
SECTION 11 -111 MUST NOT BE CONCERNED IN CONTRACTS; INTEREST IN
PROPERTY
A. No employee or officer of the city shall be concerned in any contract with the city, or any of its
departments or institutions, either as contractor, subcontractor, bondsman, or other party directly or
indirectly, interested.
B. If any employee or officer of the city be the owner of, or interested in, any property necessary,
in the opinion of a majority of the other members of the city council, to be taken for park purposes,
then proceedings shall be by condemnation, and such facts of ownership and interest shall be fully
set forth in the petition. (Prior Code, Sec. 15 -11; Ord. No. 379, 2/16/88)
SECTION 11 -114 MAY RECOMMEND PURCHASE OR CONDEMN LANDS TO CITY
COUNCIL
City personnel have the power to recommend the city council to take, by purchase or condemnation,
all necessary lands for park or parkway purposes, and if the park commission cannot, for any cause,
agree with the owner or owners of any such land the same maybe condemned in the name of the city
in the manner provided by the laws of the state for the condemnation of lands for railway purposes
and hereby made applicable for the condemnation for park purposes by any such city. (Prior Code,
Sec. 15 -14; Ord. No. 379,2/16/88)
SECTION 11 -115 PLANS MUST BE EXAMINED BY CITY ENGINEER
All plans for new work or changes in the parks, parking, etc., of the city, shall be examined by the
city engineer and his report and statement of advice be placed upon the records of the city, before the
plans can be adopted or their execution begun and must meet the approval of the city council. (Prior
Code, Sec. 15 -15; Ord. No. 379,2/16/88)
SECTION TWO (2): RENUMBERING PART 11, CHAPTER 1
Part 11, Parks, Recreation and Cultural Affairs, Chapter 1, Administration and Control of Parks,
shall be renumbered as follows:
Section 11 -101 "Park Property" Defined (formerly Section 11 -110)
Section 11 -102 City May Refuse Gift of Land (formerly Section 11 -112)
Section 11 -103 Gifts May be Made to City; Control (formerly Section 11 -113)
Section 11 -104 Park Curfew (formerly Section 11 -116)
SECTION THREE (3): REPEALER
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent
4
of the conflict only.
SECTION FOUR (4): SEVERABILITY
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 FIVE (5): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
SECTION SIX (6): CODIFICATION
This ordinance shall repeal Part 11, Chapter 1, Sections 11 -101, 11 -102, 11 -103, 11- 104,11- 105,11-
106, 11 -107, 11 -108, 11 -109, 11 -111, 11 -114 and 11 -115 of the Owasso Code of Ordinances.
PASSED by the City Council of the City of Owasso, Oklahoma on the 20`h day of July, 2010.
Doug Bonebrake, Mayor
ATTEST:
Sherry Bishop, City Clerk
(SEAL)
APPROVED as to form and legality this day of July, 2010.
ulie Lombardi
City Attorney