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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. 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I, 1151114 I DOES ORTYY MT TIEY ARE L6AIED KCMATI"SN.Y�AS KIEFFECIIIE WI M. AAOS- 3RD 2401 ,aAa „IC SCni F. I N:EET \ F7T7A.A1C)N EJ(HIBIT -- P065WIE FRW IIFOIE%TOI AYAIUNF. TE SDIE50R NAS 4 %43OnW X. EFTECnIE DAIL Ak)Q17 \\ FOROm/r IOM MIT NFL Dy t=me0% 522u1OL11#%XD UmITES CNL 3X4 2W9. ID C -101 TULSA TECHNOLOGY CENTER I CITY OF OWASSO 7/01/10 SUBJECT PROPERTY 0 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. 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Iww xm wax r i°ralMgaaND�m � w�eu� m rx1M10x w� °�iovi�iool m`� aww m m rwx Fan. flow,asF, �IxE. umnE �r a xWr xp N11Lr m ww2.wlu1 MIM.WOI,f H01fWga t, m '�i'a°�as � � owrw na X o ro"�'aW xn.: ol'"` ian""mMOm�,",co'iertns'Y°100oFwa ur rsralr le�vwoe'•rtalw","�im C0rt o�m m�°xxa0°"�p1' rtwmaamiww'mA°m Mp0M0romL°°n AMICIE �w AAaaIEanW�4 /elMlom CaAMArt1EE �Mw1�61wM1/Fwlm mrtrm,Al1 rt IGFA m R,A Y'IYIwYL rpwl FaWr rl[w xwWw/�wlo¢ �r.Vlnlwl .wa:a a CoMlawlwN ML wLL xawa, M xar IlWlm A wxw aIFIw1E aaoAa"�'I"w rra,r app. ollr -x«aXa oawl mwaFIwIFC siwExw a,alM sarti ualnxa. la3aad wfaalYal rt„aa. IAFK FWaw W,OWI wfILC [m. olry rgxa a�aa016.mNrwwm. a r,awiw WlavXS FFF rt adlwm mF Nwlar a 1F1xY7/1oYK �rF. • N'xixan NIG TWt AL E M aKY NW wfA CERTIFICATE OF OWNERSHIP CERTIFICATE OF suRJEY mr >t�xctm"YIFOrnom wn uraim Milwa+ a"�iwlo�mo.wTMmr ra11rt 4 «" /aanlox m roll., aownr. n,rz of "awwwY« u�lxa4 wIO mAt""rt"cr Ivwv �imM x Lw W"WCr. u lfa�� tI"sa'Y Uxn � Wt.. �pYWr �F $t' Peal IL tl Mi11L0e ! 2 it rfN i FwxxlY > mv, $ A 9iQ�F� I xaen• emlwr Mr CEFMFICATE rur wwOFFY FINAL nwTa,ua 1. d mw CARRTNGTONPORMI Jdlw 14.2010 al¢r x .r x 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