HomeMy WebLinkAbout1093_Owasso Redbud District TIFTULSA COUNTY CLERK - PAT KEY
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OkCAHOMP
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1093
AN ORDINANCE RELATING TO PART 12, PLANNING, ZONING AND
DEVELOPMENT, CHAPTER 5, TAX INCREMENT FINANCING
DISTRICTS, SECTION 12 -501, OWASSO REDBUD DISTRICT -
INCREMENT DISTRICT NO. 1, APPROVING AND ADOPTING THE
OWASSO REDBUD DISTRICT PROJECT PLAN PURSUANT TO THE
OKLAHOMA LOCAL DEVELOPMENT ACT; DESIGNATING AND
ADOPTING PROJECT AREA AND INCREMENT DISTRICT
BOUNDARIES; ESTABLISHING A DATE FOR THE CREATION OF
INCREMENT DISTRICT NO. 1, CITY OF OWASSO; ADOPTING CERTAIN
FINDINGS; AUTHORIZING THE CITY OF OWASSO TO CARRY OUT
AND ADMINISTER THE PROJECT PLAN; ESTABLISHING A TAX
APPORTIONMENT FUND; DECLARING APPORTIONED FUNDS TO BE
SPECIAL FUNDS OF THE CITY OF OWASSO OR THE OWASSO PUBLIC
WORKS AUTHORITY; AUTHORIZING THE USE OF INCREMENT
REVENUES FOR THE PAYMENT OF CERTAIN PROJECT COSTS;
AUTHORIZING THE OWASSO PUBLIC WORKS AUTHORITY TO
CARRY OUT CERTAIN PROVISIONS OF THE PROJECT PLAN;
RATIFYING AND CONFIRMING THE ACTIONS, RECOMMENDATIONS
AND FINDINGS OF THE REVIEW COMMITTEE AND THE OWASSO
PLANNING COMMISSION; DIRECTING CONTINUING
APPORTIONMENT; PROVIDING FOR SEVERABILITY; AND
DECLARING AN EMERGENCY
THIS ORDINANCE ENACTS AND CODIFIES PART 12, CHAPTER 5,
SECTION 12 -501, OF THE OWASSO CODE OF ORDINANCES.
WHEREAS, the City of Owasso, Oklahoma ("City ") has prepared the proposed Owasso
Redbud District Project Plan ( "Project Plan ") in accordance with the Oklahoma Local Development
Act, 62 O.S. §850, et seq. ( "Act "); and
WHEREAS, the purpose of the Project Plan is to help the City achieve its development
objectives by authorizing the appropriate and necessary public support and assistance for the
development and enhancement of the area surrounding Main Street, known as the Redbud District,
as a special and unique place within Owasso, a place to live, work, shop, and play ( "Project "); and
WHEREAS, the Project Plan supports the City's efforts to achieve its development
objectives, improve the quality of life for its citizens, stimulate private investment, and enhance the
tax base, thereby making possible investment that would be difficult without the adoption of the
Project Plan and the apportionment of incremental ad valorem and sales tax revenues; and
WHEREAS, the Owasso Redbud District Project Review Committee ("Review
Committee "), comprised of a representative of the City, a representative of the Owasso Planning
Commission ( "Planning Commission "), representatives of each of the affected taxing jurisdictions
0
(including Tulsa County, Owasso Public Schools, Tulsa City- County Library, Tulsa City - County
Health Department, Tulsa Community College, and Tulsa Technology Center) and three members of
the public at large, one of whom is a retailer or a representative of a retail organization, has reviewed
the Project Plan; and
WHEREAS, the Review Committee has reviewed the proposed Project Area and the
proposed ad valorem and sales tax Increment District No. 1, the City of Owasso (as defined in
Section 6 of this ordinance) ( "Increment District No. 1 "), in accordance with the criteria specified in
the Act and has determined that Increment District No. I is eligible for designation as an increment
district and for development under the Act and that the financial impacts on the affected taxing
jurisdictions and business activities from implementation of the Project Plan are positive; and
WHEREAS, the Review Committee has adopted its findings and recommends to the City
Council the approval of the Project Plan, including Increment District No. 1; and
WHEREAS, the Planning Commission has determined that the Project Plan conforms to the
GrOwasso 2030 Land Use Master Plan and is desirable; and
WHEREAS, the Planning Commission has adopted a resolution recommending to the City
Council the approval of the Project Plan, including Increment District No. 1; and
WHEREAS, part of the Project Area, including Increment District No. 1, is within a state
designated enterprise zone and therefore meets the definition of an enterprise area as defined by the
Act; and
WHEREAS, the Project Area, including Increment District No. 1, meets the definition of a
reinvestment area as defined by the Act; and
WHEREAS, the projected investment and development are difficult, but possible, within the
Project Area and Increment District No. 1 if the Project Plan is adopted and implemented; and
WHEREAS, tax increment financing is a necessary component in generating economic
development in the Project Area and Increment District No. 1; and
WHEREAS, the apportioned increment revenues derived from Increment District No. 1 will
be used to finance eligible project costs contained in Section VIII of the Project Plan; and
WHEREAS, the establishment of the Increment District No. l will work in conjunction with
existing programs and other locally implemented economic development efforts in order to
encourage economic development in the Project Area; and
WHEREAS, the Project is expected to generate substantial new investment within Increment
District No. 1 and to stimulate additional indirect economic benefits outside of Increment District
No. 1 which would not occur without the Project; and
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WHEREAS, the Project Plan provides tools which will supplement and not supplant or
replace normal public functions and services; and
WHEREAS, the boundaries of the Increment District No. 1 do not dissect any similar area
nor create an unfair competitive advantage; and
WHEREAS, maximum effort has been made to allow full public knowledge and
participation in the application of the Act in the review and approval of the Project Plan; and
WHEREAS, all required notices have been given and all required hearings have been held in
connection with the Project Plan, as prescribed by the Act, the Oklahoma Open Meetings Act, 25
O.S. §301, et seq., and other applicable law; and
WHEREAS, pursuant to said notice, all persons present were given an opportunity to be
heard for and against the Project Plan; and
WHEREAS, the City has the right, pursuant to the Act, to make minor amendments to the
Project Plan; and
WHEREAS, the Owasso Public Works Authority, a public trust, is authorized and
designated to carry out certain provisions of the Project Plan, pursuant to the Act; and
WHEREAS, the City deems it appropriate and desirable and in the best interest of the City
and its citizens to adopt and approve the Project Plan, including the establishment of Increment
District No. 1.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA THAT TO WIT:
SECTION ONE (1): Part 12, Planning, Zoning and Development, Chapter 5, Tax Increment
Financing Districts, Section 12 -501, Owasso Redbud District— Increment District No. 1, of the Code
of Ordinances of the City of Owasso, Oklahoma, shall be adopted as follows:
SECTION 12 -501 OWASSO REDBUD DISTRICT - INCREMENT DISTRICT NO. 1
1. In order to develop the eligible Project Area, the City elects to utilize Article 10, Section 6C
of the Constitution of the State of Oklahoma and the Act, which authorize the use of local taxes for
specific public investments and assistance in development financing, and which provide for the
direction of apportionment of local taxes to plan, finance, and carry out development of
unproductive, undeveloped, underdeveloped, or blighted areas as determined by the governing body
of a city, town or county.
2. The Project Plan is hereby adopted and approved, as recommended by the Owasso Planning
Commission and the Review Committee. As used herein "Owasso Redbud District Project Plan" or
"Project Plan" shall mean the document dated December 20, 2016, and comprised of one cover
sheet, six pages of text, four exhibits labeled Exhibits A, B, C, and D, and titled "Owasso Redbud
District Project Plan."
3. The membership of the Review Committee and all actions taken and all recommendations
and findings made in connection with the Project Plan by the Review Committee and the Owasso
Planning Commission are hereby ratified and confirmed.
4. For identification purposes, the name of the increment district, which is an ad valorem and
sales tax increment district, shall be Increment District No. 1, City of Owasso.
5. Increment District No. 1 is hereby created as of the date of the adoption of this ordinance.
6. The boundaries of the Project Area and the boundaries of Increment District No. I are shown
on Exhibit A of the Project Plan and are hereby designated and adopted as follows:
Project Area and Increment District No. 1
Leaal Description
Section A
Beginning at the southeast corner of Lot 6, Block 1 of the Owasso Industrial Park, a subdivision in
the City of Owasso, Tulsa County, Oklahoma, Thence west along said south lot line a distance of 57
feet, thence north along said lot line a distance of 283 feet, Thence west along south lot of said lot a
distance of 490 feet, Thence north along said lot line a distance of 24 feet, Thence west along said lot
line a distance of 41 feet, Thence north along said lot line a distance of 240.2 feet to the northwest
corner of said Lot 6, Thence to a point 17.45 feet north and 50.26 feet west of northwest comer of
said Lot 6, Thence west a distance of 393.5 feet to a point 149.63 feet south of the southwest corner
of Lot I, Block 1 of Owasso Industrial Parks Phase IV, a subdivision in the City of Owasso, Tulsa
County, Oklahoma, Thence north a distance of 332.1 feet to the Northwest corner of said Lot 1,
Block 1, Thence east a distance of 87.7 feet to a point on the north lot line of said Lot 1, Block 1,
Thence north a distance of 255 feet to a point 165 feet south and 310 feet east of the southwest
corner of Lot 5, Block 1 of Ivadel, a subdivision in the City of Owasso, Tulsa County, Oklahoma,
Thence west a distance of 310 feet to a point 165 feet south of said Lot 5, Block 1, Thence north a
distance of 495 feet to the northwest corner of Lot 1, Block 1, of Ivadel, a subdivision in the City of
Owasso, Tulsa County, Oklahoma, Thence west a distance of 457.07 feet to the southwest corner of
Lot 4, Block 34, Owasso Original Town, a subdivision in the City of Owasso, Tulsa County,
Oklahoma, also a point on the east right -of -way line of the Southern Kansas Oklahoma Railroad
right -of -way, Thence north along said railroad right -of way a distance of 994.2 feet, Thence
continuing north along said railroad right -of -way a distance of 385.2 feet, Thence north a distance of
55 feet along the quarter section line to a point on the east right -of -way of said railroad, thence
northwest along said railroad right -of -way a distance of 95.2 feet, Thence west a distance of 35.7 feet
along said railroad right -of -way, Thence northwest along said railroad right -of -way a distance of
331.4 feet, Thence east a distance of 141.8 feet to a point on the east right -of -way of said railroad,
also a point on the south right -of -way of West Broadway Street, Thence northwest along said
railroad right -of -way a distance of 1213.8 feet to the to the northwest corner of Lot 11, Block 8, of
Greenlees, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence east along said
north line of said subdivision a distance of 202.94 feet to the southwest corner of Lot 10, Block 5, of
0
Starlane, a subdivision in the City of Owasso, Tulsa county, Oklahoma, Thence north along the west
line of said Lot 10 a distance of 125 feet to the northwest corner of said Lot 10, also a point on the
south right -of -way of West Third Street North, a street in the City of Owasso, Thence east along said
right -of -way a distance of 885.1 feet to the northwest corner of Lot 4, Block 6, Owasso Original
Town, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence north along the east
right -of -way of North Atlanta Street West a distance of 138.1 feet to the northwest corner of Lot 2,
Block 3 of the said subdivision, Thence east a distance of 162.1 feet to the southeast corner of Lot
16, Block 2, of Crestview Estates, a subdivision in the City of Owasso, Tulsa County, Oklahoma,
Thence north a distance of 150 feet to a point on the east line of Lot 14, Block 2 of said subdivision,
Thence east 5 feet to a point on the east line of Lot 14, Block 2 of said subdivision, Thence north
340.4 feet to the northeast corner of Lot 9, Block 2 of said subdivision, Thence east 18.73 feet to the
southeast corner of Lot 1, Block 2 of said subdivision, Thence north along the east line of said Lot 1
a distance of 139.07 feet to the northeast corner of said lot, also a point on the south right -of -way line
of West Fourth Street North, a street in the City of Owasso, Thence east along said south right -of-
way line a distance of 121.2 to a point on the west right -of -way line of North Main Street, a street in
the City of Owasso, Thence south along said west right -of -way line a distance of 305 feet, Thence
east a distance of 75 feet to a point on the east right -of -way line of North Main Street, a street in the
City of Owasso, Thence south along the said east right -of -way line a distance of 5 feet, Thence west
75 feet to a point on the west right -of -way of said street, Thence south along the said west right -of-
way a distance of 95 feet, Thence east along said west right -of -way a distance of 5 feet, Thence south
along said west right -of -way a distance of 80.38 feet, Thence east a distance of 70 feet to a point on
the said east right -of -way line, Thence south along said east right -of -way a distance of 150 feet, also
a point on the north line of Lot 2, Block 2, of Owasso Original Town, a subdivision in the City of
Owasso, Tulsa County, Oklahoma, Thence east a distance 653.2 feet to the northeast corner of Lot
1, Block I of said subdivision, Thence south a distance of 453.85 feet to the southwest corner of Lot
13, Block 6, of Wilawood, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence
east a distance of 1,190.2 feet to the southeast corner of Lot 15, Block 5 of said subdivision, also a
point on the west right -of -way of the Mingo Valley Expressway, Thence south along said right -of-
way a distance of 210 feet to northeast corner of Lot 1, Block 1, Forrest Drive Industrial Park, a
subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south along east line of said
Lot 1 a distance of 75.5 feet, Thence southwest a distance of 604.82 feet to the southeast corner of
Lot 6, Block 1, of Forrest Drive Industrial Park, a subdivision in the City of Owasso, Tulsa County,
Oklahoma, Thence west along the south line of said Lot 6, a distance of 47.58 feet, Thence south
along the right -of -way of Mingo Valley Expressway a distance of 161.4 feet, thence southwest along
said right -of -way a distance of 235.4 feet, thence southwest along said right -of -way a distance 159.1
feet, Thence west along said right -of -way a distance of 208.3 feet, Thence south along said right -of-
way a distance of 113.2 feet, Thence west 247.8 feet along said right -of -way to the southwest corner
of Safeway, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south 110.56 feet
to the northeast comer of Lot 1, Block 1, Dogwood Center, a subdivision in the City of Owasso,
Tulsa County, Oklahoma, Thence south along said lot east line a distance of 37.5 feet, Thence east a
distance of 257 feet to the northeast corner of Lot 1, Block 2, Owasso Business Park, a subdivision in
the City of Owasso, Tulsa County, Oklahoma, Thence south along the east line of said lot a distance
of 125 feet, Thence east along the north line of said lot a distance of 200 feet to the northeast corner
of said Lot 1, Thence southwest a distance of 247.06 feet to the southeast corner of said Lot 1,
Thence continuing southwest a distance of 42.94 feet to a point on the east line of Lot 4, Block 2, of
said subdivision, Thence southwest a distance of 303.51 feet to the southeast corner of Lot 5, Block
5
2 of said subdivision, Thence east a distance of 163.68 feet to the southwest corner of Lot 2, Block 3,
of said subdivision, Thence northeast a distance of 246.55 feet to a point on the west line of Lot 1,
Block 3, of said subdivision, Thence north a distance of 250.56 feet to the northwest comer of said
Lot 1, Thence southeast a distance of 35.49 feet to the northeast corner of said Lot 1, Thence
southeast a distance of 455.7 feet to the southeast corner of Lot 2, Block 3 of said subdivision, also a
point on the west right -of -way line of Mingo Valley Expressway, Thence southeast along the west
right -of -way of Mingo Valley Expressway a distance of 93.2 feet, Thence southeast along the west
right -of -way of Mingo Valley Expressway a distance of 225.1 feet, Thence south along west right -of-
way of Mingo Valley Expressway a distance of 796.9 feet to a point on the south right -of -way line of
Fifth Avenue, a street in the City of Owasso, Thence south along the west right -of -way of Mingo
Valley Expressway a distance of 786.60 feet, Thence west a distance of 586.68 feet to the southeast
corner of Lot 6, Block 1, Owasso Industrial Park, a subdivision in the City of Owasso, Tulsa County,
Oklahoma, the Point of Beginning, containing 207 acres, more or less.
And
Section B
Beginning at the northwest comer of Lot 1, Block 1, Atchison Topeka & Santa Fe, a subdivision in
the City of Owasso, Tulsa County, Oklahoma, Thence southeast along said lot line a distance of
974.78 feet, Thence continuing southeast along the Southern Kansas Oklahoma railroad right -of -way
a distance 619.4 feet to a point on the north right -of -way of East 76th Street North, a street in the
City of Owasso, Thence continuing southeast along the said railroad right -of -way a distance of 88.7
feet to a point on the south right -of -way of East 76th Street North, Thence continuing southeast
along the said railroad right -of -way a distance of 510.6 feet, thence east along said railroad right -of-
way a distance of 19.6 feet to the east line of the N/2 N W/4 of Section 31, T -21 -N, R -13 -E, Thence
south a distance of 785.3 feet to the SE corner of said N/2 N W /4, Thence west along the south line of
said N/2 N W/4 a distance of 2,633.6 feet to a point on the east right -of -way of North Mingo Road, a
street in Tulsa County, Thence north along said east right -of -way of North Mingo Road a distance of
1261.4 feet to a point on the south right -of -way of East 76th Street North, Thence east along said
south right -of -way line a distance of 1318.1 feet, Thence north along said south right -of -way line a
distance of 10.00 feet, Thence east along said south right -of -way line a distance of 215.0 feet,
Thence north a distance of 300 feet, Thence east a distance of 148 feet to a point on the west line of
Lot 1, Block 1, Atchison Topeka & Santa Fe, a subdivision in the City of Owasso, Tulsa County,
Oklahoma, Thence north along the west line of said Lot 1 a distance of 1150.6 feet to the northwest
corner of Lot 1, Block 1, Atchison Topeka & Santa Fe, the Point of Beginning, containing 94 acres,
more or less.
The City Council hereby finds and determines:
A. That part of the Project Area, including Increment District No. 1, is within an enterprise area
as defined by the Act;
B. That the Project Area, including Increment District No. 1, is a reinvestment area as defined
by the Act;
C. That the financial impacts of the Project Plan and Project on the affected taxing jurisdictions
and business activities within Increment District No. 1 are positive and that the economic
benefits for the community as a whole offset any adverse impacts;
D. That the improvement of the Project Area is likely to enhance the value of other real property
in the area and to promote the general public interest;
E. That the Project Plan complies with the guidelines of 62 O.S. §852, including specifically
paragraphs 1 and 2;
F. That the aggregate net assessed value of the taxable property in all increment districts within
the City, as determined pursuant to the Act, does not exceed 35% of the total net assessed
value of the taxable property within the City;
G. That the aggregate net assessed value of the taxable property in all increment districts within
the City, as determined pursuant to the Act, does not exceed 25% of the total net assessed
value of any affected school districts located within the City;
H. That the land within all increment districts within the City does not exceed 25% of the total
land area of the City; and
I. That the Project Plan is feasible and conforms to the GrOwasso 2030 Land Use Master Plan.
8. The following Project and Increment District No. 1 authorizations are hereby approved:
A. The City is designated as the principal entity responsible for implementation and is
authorized to carry out and administer the provisions of the Project Plan and to exercise
all powers necessary or appropriate thereto pursuant to Section 854 of the Act, and the
City reserves the power to make minor amendments to the Project Plan in accordance
with Section 858(D) of the Act. Changes in project costs incurred pursuant to Section
VIII(B) of the Project Plan (those not to be financed with apportioned tax increments) do
not require an amendment; and
B. The Owasso Public Works Authority, a public trust with the City as its sole
beneficiary, shall have the authority to carry out certain provisions of the Project Plan,
including the authority to: (1) issue tax apportionment bonds or notes, or both; (2) pledge
revenues from current and future fiscal years to repayment; (3) incur Project Costs
pursuant to Section VIII of the Project Plan; (4) provide funds to or reimburse the City
for the payment of project costs and other costs incurred in support of the implementation
of the Project; and (5) incur the cost of issuance of bonds for payment of such costs and
to accumulate appropriate reserves, if any, in connection with them; and
C. The City Manager, Warren Lehr, or his successor in office shall be the person in
charge of implementation of the Project Plan in accordance with the provisions, authorizations, and
respective delegations of responsibilities contained in the Project Plan.
7
9. The sales tax increment is a portion of the City's sales taxes generated within Increment
District No. 1, to be determined by a formula to be approved by resolution of the City Council in
accordance with the Act. The ad valorem increment is the ad valorem revenue in excess of the
revenue generated by the base assessed value of Increment District No. 1 (as determined by the Tulsa
County Assessor in accordance with the Act), i.e., the new revenue attributable to increases in the
value of property within Increment District No. I .
10. The increment of the taxes generated by Increment District No. 1 may be used to pay project
costs authorized by Section VIII of the Project Plan for a period not to exceed twenty -five (25) years
from the effective date of Increment District No. 1, as provided by law, or the period required for
payment of the project costs authorized by Section VIII of the Project Plan, whichever is less.
11. During the period of apportionment, the tax apportionment fund (a) shall be available to pay
project costs under Section VIII of the Project Plan, (b) shall constitute special funds of the City or,
at the direction of the City, the Owasso Public Works Authority, a public trust, and (c) shall not be
subject to annual appropriation as a part of the general fund of the City.
12. Pursuant to Section 6C of Article X of the Constitution of the State of Oklahoma and the Act,
the direction of apportionment shall continue beyond the current fiscal year for the duration of
Increment District No. I or the period required for the payment of project costs authorized by the
Project Plan, whichever is less.
13. The Project Plan is hereby determined to be desirable and is approved.
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 section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held
invalid or unconstitutional, such portion shall not affect the validity of the remaining portions of this
ordinance.
SECTION FOUR (4): EMERGENCY CLAUSE
It being immediately necessary for the preservation of the peace, health, safety, and public good of
the City of Owasso, and the citizens thereof, that the provisions of this ordinance take effect and be
put into full force and effect, an emergency is declared to exist by reason whereof this ordinance
shall take effect immediately and be put in full force and effect from and after the date of its
enactment, as provided by law.
SECTION FIVE (5): CODIFICATION
This ordinance shall be codified in Part 12, Chapter 5, Section 12 -501.
PASSED by the City Council of Owasso, Oklahoma on the'!/" day of December, 2016, with the
Emergency Clause voted on and approved separately.
Sherry Bisl�6t, City
(SEAL)
APPROVED AS TO FORM:
Jul' Lombardi, City Attorney
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CITY OF OWASSOILEGALS
Attn JULIE STEVENS
PO SOX 180
OWASSO, OK 74055
Date Category
11123/2016 Legal Notices
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OKLAHOMA WEEKLY GROUP
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RICHMON D, VA 23261-6472
Account Number
1015023
Date
November 23, 2016
Ad Size Total Cost
2 x 276.00 CL 342.00
Proof of Publication
I, of lawful age, being duly sworn, am a legal representative of
Owasso Reporter of Owasso, Oklahoma, a Weekly newspaper of
general circulation in Tulsa, Oklahoma, a newspaper qualified to
publish legal notices, advertisements and publications as
provided in Section 106 or Title 25, Oklahoma Statutes 1971 and
1982 as amended, and thereafter, and complies with all other
requirements of the laws of Oklahoma with reference to legal
publications. That said notice, a true copy of which is attached
hereto was published in the regular edition of said newspaper
during the period and time of publication and not in a
supplement, on the DATE(S) LISTED BELOW
11123/2016
Newspaper reference: 0000314442
Leg resantative
Swrom to and subscribed before me this date:
Notary
My Commission expires:
Description
CREATION OF INCREMENT DISTRICT NO. 11W MAP OWR
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE.
THANK YOU
sV
The City Wit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Bronce L. Stephenson, MPA
Director of Community Development
SUBJECT: Ordinance 1093— Approving Owasso Redbud District Project Plan and Creating
Increment District No. 1
DATE: December 16, 2016
PUBLIC HEARING:
On December 6, the City Council held the first of two required Public Hearings on the possible
creation of a Tax Increment Financing (TIF) District in the downtown Owasso Redbud District
area. The primary purpose of the first hearing was to provide information and to answer
questions. The purpose of the second public hearing is to give interested persons the
opportunity to express their views on the proposed plan.
14:1930•114PX *13910 V Zl•f;A
The Council is asked to take action on an ordinance approving the creation of Increment District
No. 1. The proposed ordinance would:
• Adopt and approve the Project Plan,
• Ratify and confirm the recommendations and findings of the Review Committee and the
Planning Commission,
• Create and name the Increment District,
• Define the boundaries of the Project Area and of the Increment District No. 1, and
• Approve authorizations for the City, the OPWA and the City Manager to implement the
Project Plan.
Council is also being asked to approve an emergency clause for the ordinance so the creation
of the TIF would become effective during calendar 2016.
At subsequent meetings, the Council will be asked to work with staff and consultants from
Center for Economic Development Law (CEDL) to develop a more in -depth policy document
that would outline the specifics of how the TIF funds could be spent and how the Assistance in
Development Financing would be allotted.
This proposed timeline would approve TIF District before the end of the 2016 calendar year, but
would allow the Council adequate time to create a policy document that would guide future
TIF decisions.
The Owasso Planning Commission voted unanimously to recommend approval of the Project
Plan and the Creation of Increment District No. 1.
The TIF Review Committee voted unanimously (11 -0) to recommend approval of the Owasso
Redbud District Project Plan and Increment District No. 1.
RECOMMENDATION:
Staff recommends approval of Ordinance 1093, adopting the Project Plan and creating
Increment District No. 1.
Additionally, staff recommends the Council vote to declare an emergency, making the
Ordinance effective immediately.
ATTACHMENTS:
Ordinance 1093
Project Plan
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CITY OF OWASSO /LEGALS
Alm JULIE STEVENS
PO BOX 180
OWASSO, OK 74055
TULSAWORLD
P.O. Box 1770 Tulsa, Oklahoma
TW Tulsa World
74102.1770 1 tulsaworld.com
TW
Account Number
1015023
Date
November 21, 2016
Date Category Description Ad Size Total Cost
11/21/2016 Legal Notices INCREMENT DISTRICT NO. 1 W /MAPITW
2 x 276.00 CL 342.00
Proof of Publication
1, being of lawful age, being duly sworn, upon the oath deposes and says that
he /she is the CLERK of TULSA WORLD, a daily newspaper printed in the City of
Tulsa, County of Tulsa, State of Oklahoma, and a bonafide paid general circulation
therein, printed in the English language, and that the notice by publication was
published in said newspaper on the following dates.
11/21/2016
and that said newspaper has been continuously and uninterruptedly published in
said county during the period of more than One Hundred and Four (104) weeks
consecutively, prior to the first publication of said notice, or advertisement, as
required by Section one, chapter four, Tide 25 Oklahoma Session Laws, 1943, as
amended by House Bill No. 495 22nd Legislature, and thereafter, and complies with
all of the presecriptions and requirements of the laws of Oklahoma. (The
advertisement above referred to is a We and printed copy. Said notice was
published in all editions of said newspaper and not in a supplement thereof.)
Newspaper reference: 000038
L Jal Rel t entative
Sworn to and subscribed before me this date: ll
// /
KARON JOHNSON
Notary Public Ili and for
STATE OF OKLAHOMA
Notary Public Commission #16004541
/n Expires: May 6, 2020
My Commission expires '5 -'
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
EErm7,m,,,.,e.v,y
CITY OF OWASSO /LEGALS
Attn JULIE STEVENS
PO BOX 180
OWASSO, OK 74055
�n.—k.dg -.— R-1,r-
Sod SgnA4v @, %.I klrvrm
\VeRma, Caunly Pn e,�Tr Wne
Tulsa BiislresstiIrRe xew.
OKLAHOMA WEEKLY GROUP
P.O. BOX 26945
RICHMOND, VA 23261-6472
Account Number
1015023
Date
January 18, 2017
Date Category Description Ad Size Total Cost
01/18/2017 Legal Notices ORDINANCE 1093 2 x 567.00 CL 725.76
Proof of Publication
I, of lawful age, being duly sworn, am a legal representative of
Owasso Reporter of Owasso, Oklahoma, a Weekly newspaper of
general circulation in Tulsa, Oklahoma, a newspaper qualified to
publish legal notices, advertisements and publications as
provided in Section 106 or Title 25, Oklahoma Statutes 1971 and
1982 as amended, and thereafter, and complies with all other
requirements of the laws of Oklahoma with reference to legal
publications. That said notice, a true copy of which is attached
hereto was published in the regular edition of said newspaper
during the period and time of publication and not in a
supplement, on the DATE(S) LISTED BELOW
01/18/2017
Newspaper reference: 0000330930
Sworn to and subscribed before me this date:
My Commission expires: 5 -u - 20
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE.
THANK YOU
wasso Ini
wasso, Ti
Ad south
Iona said
long south
,,in plans
est along
,th Of said
feet to it
el, a subc
DkOhoma,
e southwf
Town, a s
V, Oklahol
of the Sot
it Thenc
Istance of
railroad r
rth a distr
o a Point c
northwesl
of 95.2 fef
aid rails
railroad ri
a distanc
Of said
sY of We
said rain
to the nor
, of Owas
once of 1
ck 2 o sc
the east
nce nortl
k 2 o sc
lheast co
nce north
39.07 feel
it on the I
th, a stre
souwth rth
the est
et In the
It right -of-
stance Of
of North
nce south
e of 5 fee
a sdlVlsan�
ab In the City Of
Dklahoma, Thence west along
farce of 57 feet, thence north
once Of 283 feet, Thence west
• distance of 490 feet, Thence
• distance Of 24 feet, Thence
• distance of 41 feet, Thence
• distance of 240.2 feet to the
Lot 6, Thence to a Paint 17.45
rest of northwest corner of said
stance of 393.5 feet to a paint
dhwest corner Of Lot 1. Bl,vk 1
NortnWest Cl of
'[Stance Of 87.7 feet no
-at 1, Block 1, Thence
int 165 feet south and
r of Lot 5, Black 1 of
Owasso, Tulsa Coun-
mce of 310 feet to a
cck 1, Thence north a
est corner of Lot 1,
the City of Owosso,
west a distance of
of Lot 4, Block 34,
1 In the City of Owas-
a point on the east
nsas Oklahoma Rail -
71ong said railroad
t, Thence continuing
IV a distance Of 385.2
If 331.4
an the
an the
V, Uxianoma, I hence north a
it on the east line of Lot 14,
Thence east 5 feet to a Point
Block 2 of said subdivision,
is northeast corner Of Lot 9,
Thence east 18.73 feet to the
Block 2 of said subdivision,
line of sold Lot i a distance
st corner of said lot, also a
Iy line of West Fourth Street
Owosso, Thence east along
I distance of 121.2 to a point
is of North Main Street, a
o, Thence south along said
rote of 305 feet, Thence east
Int on the east right -of -way
Itreet in the City of Owasso,
east right -of -Way line a dg-
'5 feet to a point on the west
-hence south along the saitl
if 95 feet, Thence east along
nice of 5 feet, Thence south
r a distance of 80.38 feet,
feet to a paint on the said
ice south along said east
City -County Library, Tulsa Clty- County Health Omort.
ment, Tulsa Community College, and Tulsa Technology
Center) and three members of the Public at large, one Of
whom W o retailer or a representative of a retail organi-
zation, has reviewed the Project Plan; and
WHEREAS, the Review Committee has reviewed the
Proposed Project Area and the proposed ad valorem and
sales tax Increment District No. 1, the City of Owasso
(as defined in Section 6 of this ordinance) ( "Increment
District No. 1'), in accordance with the criteria specified
in the Act and has determined that Increment District
No. 1 is eligible for designation as an increment district
and for development under the Act and that the financial
impacts on the affected taxing jurisdictions and business
activities from implementation of the Project Plan are
Positive; and
WHEREAS, the Review Committee has adopted Its
findings and recommends to the City Council the appro-
Val of the Protect Plan, Including Increment District No.
1; and
WHEREAS, the Planning Commission has determined
that the ProleCt Plan conforms to the GrOwasso 2030
Land Use Master Plan and Is desirable; and
WHEREAS, the Planning Commission has adopted a
resolutlon recommending to the City Council the appro-
Val of the Project Plan, Including Increment District No.
1; and
WHEREAS, part of the Project Area, including Incre-
ment District No. 7, is within a state designated enter-
prise zone and therefore meets the definition of an enter-
prise area as defined by the Act; and
WHEREAS, the Project Area, including Increment
District No. 1, meets the definition of a reinvestment
area as defined by the Act; and
WHEREAS, the Protected Investment and development
are difficult, but possible, within the Project Area and
Increment District No. 1 if the Project Plan is adopted
and implemented; and
WHEREAS, tax increment financing Is a necessary
component in generating economic development In the
Project Area and Increment District No. 1; and
WHEREAS, the apportioned Increment revenues de-
rived from Increment District No, i will be used to fi-
nance eligible Protect casts contained in Section VIII of
the Project Plan; and
WHEREAS, the establishment of the Increment Dis-
trict No. 1 will work In conjunction with existing Pro-
grams and other locally implemented economic develop-
ment efforts In order to encourage economic develop-
ment In the Project Area; and
WHEREAS, the Project is expected to generate sub-
stantial new investment within Increment District No. 1
and to stimulate additional indirect economic benefits
Outside of Increment District No. I which would not oc-
cur without the Project; and
WHEREAS, the Project Plan provides tools which will
supplement and not supplant or replace normal Public
functions and services; and
WHEREAS, the boundaries of the Increment District
No. 1 do not dissect any similar area nor create an un-
fair competitive advantage; and
WHEREAS, maximum effort has been made to allow
full Public knowledge and Participation In the application
of the Act in the review and approval of the Project
Plan; and
WHEREAS, all required notices have been given and
all required hearings have been held in connection with
the Project Plan, as prescribed by the Act, the Oklaha
ma Open Meetings Act, 25 O.S. 4301, et seq., and other
applicable law; and
WHEREAS, pursuant to said notice, all persons Pres-
ent were given an opportunity to be heard for and
against the Project Plan; and
WHEREAS, the City has the right, pursuant to the Act,
to make minor amendments to the Project Plan; and
WHEREAS, the Owasso Public Works Authority, a
Public trust, is authorized and designated to carry out
certain provisions Of the Project Plan, pursuant to the
Act; and
WHEREAS, the City deems It appropriate and desira-
ble and in the best Interest Of the City and Its citizens to
adopt and approve the Project Plan, including the estab-
Iishment of Increment District No. L
NOW, THEREFORE, BE IT ORDAINED BY THE COUN.
CIL OF THE CITY OF OWASSO, OKLAHOMA THAT TO
WIT:
SECTION ONE (1): Part 12, Planning, Zoning and De-
velopment Chapter 5, Tax Increment Financing Dis-
tricts, Section 12 -501, Owasso Redbud District - Incre-
ment District No. 1, of the Code of Ordinances of the City
of Owasso, Oklahoma, shall be adopted as follows:
SECTION 12 -501 OWASSO REDBUD DISTRICT.
INCCREME _11T1UICT NO.1
1. In order to develop the eligible Project Area, the City
elects to utilize Article 10, Section 6C of the Constitution
of th,- State of Oklahoma and the Act, which authorize
the use of local taxes for specific public Investments and
assistance In development financing, and which provide
for the direction of apportionment of local taxes to Plan,
Hill and carry out development of unproductive, un-
developed, underdeveloped, or blighted areas as deter-
mined by the governing body of a city, town or county.
2. The Project Ron is hereby adopted and approved, as
recommended by the Owasso Planning Commission and
the Review Committee. As used herein "Owasso Redbutl
District Project Plan" or "Project Plan" shall mean the
document dated December Z0, 2016, and comprised of
one cover sheet, six pages of text, four exhi0l}s labeled
Exhibits A, B, C, and D, and titled 'Owasso Redbud Dis-
trict Project Plan."
3. The membership of the Review Committee and all ac-
tions taken and all recommendations and findings made
In connection with the Project Plan by the Review Com-
mittee and the Owasso Planning Commission are hereby
ratified and confirmed,
4. For identification Purposes, the name of the incre-
ment district, which is an ad Valorem and sales tax In-
crement district, shall be Increment District No. 1, City
of Owasso.
5. Increment District No. 1 Is hereby created as Of the
date of the adoption of this ordinance.
6. The boundaries of the Project Area and the bounda.
ries of Increment District No. 1 are shown on Exhibit A
of the Project Plan and are hereby designated and adopt-
ed as follows:
Project Area and Increment District No. 1
Legal Description
330930
Published
Oklahoma, January Rep rter, Owasso, Tulsa
CITY OORDINANC OKLAHOMA
IN3
THIS ORDINANCE ENACTS AND CODIFIES PART
CODE OF ER 5, SECTION NC 11 So' OF THE OWAS50
WHEREAS, the City of Owasso, Oklahoma
has Prepared the proposed Owasso Redbud District Prot-
ect Plan (°Project Plan ") In accordance 0.5. with the t Okll
home Local Development ACt,
('A&'); and
WHEREAS, the purpose of the Project Plan Is to help
the City achieve Its development objectives by outhoriz-
Ins the appropriate and necessary public support Ond astance for the
surrounding Main Street, enhancement eet, known as the trict, to livespecial rk, shop, and Play ('Projectn); and , O
WHEREAS, the Project Plan supports the City's eF-
torts to achieve its development objectives, improve the
quality of life for Its citizens, stimulate private Invest-
ment, and enhance the tax base, thereby making Possi-
ble investment that would be difficult without the adoo-
imental the d Valorem and sales tax revenues; and of Incra
WHEREAS, the Owasso Redbud District Project Re-
viw Committee ( "Review Committee°), compris,,i of a
representative of the City, a representative of the Dims,
resenta } i es c
of each affected taxiu i jujrrisdictions
B. The Owasso Public Works Authority, a PPDIIC Ted
with the City as its sole beneficiary, shall have t
authority to carry Put certain provisions of t
Project Plan, including the authority to: (1) Iss
tax apportionment bonds or notes, or both; 1
pledge revenues from current and future ter
Years to repayment; (3) incur Project Costs Pr
suant to Section VIII of the Protect Plan; (4) Pi
vide funds to or reimburse the City for the PaYmf
of Project costs and other costs incurred In suppt
of the implementation of the Project; and (5) Inc
the cost of issuance of bonds for Payment of su
costs and to accumulate appropriate reserves,
any, In connection w.m them; and
C. The City Manager, Warren Lehr, or his successor
In office shall be the person in charge of implemen-
tation of the Project Plan in accordance with the
Provisions, aulhorizafions, and respective delega-
tions of responsibilities contained In the Prefect
Plan.
9. The sales tax Increment is a Portion of the City's sales
taxes generated within Increment District No. 1, to be
determined by a formula to be approved by resolution of
the City Council in accordance with the Act. The ad
valorem Increment Is the ad valorem revenue in excess
& the revenue generated by the base assessed value of
Increment District No. 1 (as determined by the Tulsa
County Assessor In accordance with the Act), i.e., the
new revenue attributable to increases in the value of
Property within Increment District No. 1.
10. The Increment of the taxes generated by Increment
District No. 1 may be used to pay Project costs author.
Ized by Section VI 11 of the Project Plan for a Period not
to exceed tventy-flve (25) years from the effective date
of Increment District No. 1, as Provided by law, or the
Period reculred for Payment of the protect costs author -
Ized by Section VIII of the Project Plan, whichever is
less.
11. During the period of apportionment, Me tax appor-
tionment fund (a) shall be available to pay protect costs
under Section VIII of the Project Plan, (b) shall consti-
tute special funds of the City or, at the direction of the
City, the Owasso Public Works Authority, a public trust,
and (c) shall not be sublect to annual appropriation as a
port of the general fund of the City.
12. Pursuant to Section 6C of Article X of the Constltu-
tion of the State of Oklahoma and the Act, the direction
of apportionment shall continue beyond the current fiscal
Period requiredrforathe Paymenteof Projectl cosstslauthor-
Ized by the Project Plan, whichever Is less.
13. The Protect Plan Is hereby determined to be desira-
ble and is approved.
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 section, subsection, sentence, clause, phrase or
Portion of this ordinance is for any reason held invalid or
unconstitutional, such portion shall not affect the validity
of the retraining portions of this ordinance.
SECTION FOUR (4): EMERGENCY CLAUSE
11 being immediately necessary for the Preservation of
the peace, health, safety, and public goad of the City of
Owasso, and the citizens thereof, that the provisions of
this ordinance take effect and be put Into full force and
effect, an emergency is declared to exist by reason
whereof this ordinance shall take effect Immediately and
be put in full force and effect from and after the date of
its enactment, as provided by law.
SECTION FIVE (5): CODIFICATION
This ordinance shall be codified in Part 12, Chapter 5,
Section 12 -501.
PASSED by the City Council of Owasso, Oklahoma on
the 20th day of December, 2016, with the Emergency
Clause Voted on and approved separatelY.
/si Lyndell Dunn, Mayor
/vSherry Bishop, City Clerk
/s/ Jul fe Lombardi, City Attorney
norm une OT LOT z, mach 2, W Uwasso ung l not 1 own, o
subdivision in the City of Owasso, Tulsa County, Oklaho-
me, Thence east a distance 653.2 feet to the northeast
corner of Lot 1, Block 1 of sold subdivision, Thence south
a distance of 453.M feet to the southwest corner of Lot 13,
Block 6, of Wilawood, a subdivision in the City of Owas-
so, Tulsa County, Oklahoma, Thence east a distance of
1,190.2 feet to the southeast corner of Lot 15, Block 5 of
said subdivision, also a point on the west right -of -way of
the Mingo Valley Expressway, Thence south along said
right -of -way a distance of 210 feet to northeast corner of
Lot 1, Block 1, Forrest Drive Industrial Park, a sunivl-
slon in the City of Owasso, Tulsa County, Oklahoma,
Thence south along east line of said Lot 1 a distance of
75.5 feet, Thence southwest a distance of 604.82 feet to
the southeast corner of Lot 6, Block 1, of Forrest Drive
Industrial Park, a subdivision In the City of Owasso,
Tulsa County, Oklahoma, Thence west along the south
line M saitl Lot 6, a distance of 47.58 feet, Thence south
alone the right -of -way of Mingo Valley Expressway a
distance of 161.4 feet, thence southwest along said right -
of -way a distance of 235.4 feet, thence southwest .Iona
corner of Safeway, a subdivision
Tulsa County, Oklahoma, Thence
northeast corner of Lot 1, Block
subdivision in the City of Owasso,
me, Thence south along said lot
37.5 feet, Thence east a distance
east corner of Lot 1, Black 2, Ov
subdivision in the City of Owasso,
me, Thence south along the east
Lance of 125 feet, Thence east alor
lot a distance of 200 feet to the n
Lot 1, Thence southwest a dlstar
southeast corner of sold Lot 1, TI
west a distance of 42.94 feet to a I
Lot 4, Black 2, of said subdivisie
he southwest corner of
,n, Thence northeast a
an the west line of Lot
GOP center, a
ronty, Oklaho-
a distance of
t to the north.
sines Park, a
surly, Oklaho-
said lot a dis.
th line of said
corner of saitl
06 feet to the
itinuina south.
Ins, east line of
e southwest q
rner of Lot 5,
o distance of
2. Block 3, of
northwest corner of said Lot 1, Thence southeast
tance M 35.49 feet to the northeast corner of sold
Thence southeast a distance of 455.7 feet to the soul
corner of Lot 2, Block 3 of said subdivision, also a
on the west rightof -way line of Mingo Valley Exl
way, Thence southeast along the west right -of -w
Mingo Valley Expressway a distance of 93.2 feet, TI
southeast along the west right -of -way of Mingo
Expressway a distance of 225.1 feet, Thence south
west right -of -way of Mingo Valley Expressway 1
tance of 796.9 feet to a point on the south rightb
line of Fifth Avenue, a street in the City of Om
Thence south along the west right -of -way Of Minix
Jay Expressway a distance of 786.60 feet, Thence v
distance of 586.68 feet to the southeast corner of I
Block 1, Owasso Industrial Park, a subdivision i
City of Owasso, Tulsa County, Oklahoma, the Po
Beginning, containing 2D7 acres, more or less.
And
T. The City Council hereby fins and determines:
A. That part of the Protect Area, including Increment
District No. 1, is within an enterprise area as de-
fined by the Act;
B. That the Project Area, Including Increment Dis-
frict No. 1, Is a reinvestment area as defined by the
Act;
C. That the financial Impacts of the Project Plan and
Project on the affected taxing jurisdictions and
business activities within Increment District No. 1
are positive and that the economic benefits for the
community as a whole offset any adverse impacts;
D. That the Improvement of the Project Area is likely
to enhance the value of other real property In the
area and to promote the general public interest;
E. That the Project Plan complies with the guidelines
of 62 O.S. 4852, Including specifically Paragraphs 1
and 2;
F. That the aggregate net assessed value of the taxa-
ble property In all Increment districts within the
City, as determined pursuant to the Act, does not
exceed 35% of the total net assessed value of the
taxable Property within the City;
G. That the aggregate net assessed value of the taxa-
ble property in all Increment districts within the
City, as determined Pursuant to the Act does not
exceed 25% of the total net assessed value of any
affected school districts located within the City;
H. That the land within all Increment districts within
the City does not exceed 25% of the total land area
of the City; and
I. That the Project Plan is feasible and conforms to
the GrOwasso M33 Land Use Master Plan.
e. The following Project and Increment District No. 1
auiarizations are hereby approved:
A. The City Is designated as the principal entity re-
sponsible for implementation and is authorized to
carry out and administer the provisions of the Proj-
ect Plan and to exercise all Powers necessary or
appropriate thereto Pursuant to Section 854 of the
Act, and the City reserves the Power to make minor
amendments to the Project Plan in accordance with
Section 858(0) of the Act. Changes In project costs
Incurred pursuant to Section VI II(B) of the Project
Plan (those not to be financed with apportioned tax
Increments) do net requlre an amendment; and