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2017.10.10_Worksession Agenda
This meeting is a work session for Council/Trustee discussion only. There is no opportunity for public comments at work session. PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL, OPWA & OPGA Council Chambers, Old Central Building 109 N Birch, Owasso, OK 74055 ,y Regular Meeting ogll,, Tuesday, October 10, 2017 - 6:00 pm OM 1. Call to Order Mayor /Chair Lyndell Dunn 2. Presentation and discussion relating to Festival Park update Larry Langford & GH2 Architects 3. Discussion relating to Tax Increment Financing, Owasso Redbud District, Increment District No. 1, Development Project Assistance - proposed Development and Financing Agreement with Main Street Development, LLC, (Seven6Main project) Bronce Stephenson 4. Discussion relating to Community Development items Bronce Stephenson A. Easement closure - 9804 E 84th St N B. Annexation - 106th & Garnett Right -of -Way (OA- 17 -05) C. PUD - Mingo Crossing (PUD -17 -02 & OZ- 17 -06) 5. Discussion relating to an ordinance amending the stormwater management program Roger Stevens 6. Discussion relating to Fire Department purchase of a Wildland Vehicle Mark Stuckey 7. Discussion relating to Main Police Station Renovation Scott Chambless 8. Discussion relating to Revenue Anticipation Note (RAN) financing for capital improvement projects Linda Jones 9. Discussion relating to City Manager items Warren Lehr • Monthly sales tax report • 2018 City Council election • Hotel Tax Fund • City Manager report 10. City Council /Trustee comments and inquiries 11. Adjournment Notice of Public Meeting filed in the office of the City Clerk and the Agenda posted at City Hall, 200 S Main St, at 6:00 pm on Friday, October 6, 2017. Sherry Bishop, ity Clerk Sn The City Wirgout Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Owasso Redbud District and Increment District No. 1 Development and Financing Agreement- Main Street Development; LLC DATE: October 6, 2017 BACKGROUND: In December 2016, the City Council (OPWA) created the Tax Increment Financing (TIF) District in the downtown Owasso Redbud District area. On April 4, 2017, the Council adopted a Policy Guide for the processing of TIF Assistance in Development Financing applications. The Policy Guide includes the process for application and approval of Development Project Assistance. A developer seeking assistance submits an application to the Application Review Committee. The Committee reviews the application for compatibility with the Project Plan and the Downtown Overlay District Plan, evaluates the qualifications of the applicant, and recommends appropriate performance parameters and requirements. Upon recommendation by the Committee, the development agreement is presented to the OPWA for consideration and approval. An application has been received from Main Street Development, LLC for development assistance on the project known as the Seven6Main project at E 76th St N & Main Street. The application and supporting materials was sent to the Center for Economic Development Law (CEDL), the firm that has represented the City of Owasso and guided the creation of the Tax Increment District. CEDL returned the attached contract for consideration. The project appears to meet the criteria set forth in the adopted TIF Project Plan and also to meet the requirements set forth in the adopted Owasso Redbud District and Increment District No. 1 Policy Guide. As established by the Project Plan and Policy Guide, the applicant would be eligible to receive reimbursement of 12% of Hard Construction Costs. The application anticipates construction costs of $12,200,000.00, which would result in a 12% reimbursement of $1,229,000.00 to Main Street Development, LLC. The contract further outlines obligations of the City and the developer as required in approved TIF documents. The City of Owasso's TIF application review body met on October 5 to review the application and recommends the application meets all requirements as approved by the Council & OPWA. ATTACHMENT: Draft Development and Financing Agreement with Main Street Development, LLC DEVELOPMENT AND FINANCING AGREEMENT BY AND BETWEEN THE OWASSO PUBLIC WORKS AUTHORITY AND MAIN STREET DEVELOPMENT, LLC October _, 2017 DEVELOPMENT AND FINANCING AGREEMENT BY AND BETWEEN THE OWASSO PUBLIC WORKS AUTHORITY AND MAIN STREET DEVELOPMENT, LLC THIS DEVELOPMENT AND FINANCING AGREEMENT ( "Agreement') is made on or as of this day of October, 2017, by and between the Owasso Public Works Authority, an Oklahoma public trust ( "Authority "), and Main Street Development, LLC ( "Developer "). WITNESSETH: WHEREAS, the Authority was created by a Trust Indenture, dated as of the 10`h day of January, 1973, as a public trust for the use and benefit of the City of Owasso, Oklahoma ( "City "), pursuant to the provisions of 60 0. S. §176, et seq., as amended and supplemented, and other applicable statues of the State of Oklahoma; and WHEREAS, the City, acting through its City Council, has adopted a resolution accepting the beneficial interest of the Authority on behalf of the City; and WHEREAS, the purposes of the Authority are, in part, to promote development within and without the territorial limits of the City and to help provide facilities and activities which will benefit and strengthen the economy of the City and the State of Oklahoma; and WHEREAS, in order to accomplish its designated purposes, the Authority is empowered to provide funds for the costs of acquiring, constructing, installing, equipping, repairing, remodeling, improving, extending, enlarging, maintaining, operating, administering, and disposing of or otherwise dealing with any properties and facilities; and WHEREAS, the City has approved the Owasso Redbud District Project Plan ("Project Plan") by Ordinance 1093, dated December 20, 2016, creating Increment District No. 1, the City of Owasso an ad valorem and sales tax increment district ( "Increment District'), pursuant to the Oklahoma Local Development Act, 62 O.S. §850, et seq.; and WHEREAS, the Project Plan envisions the development of the area surrounding Main Street, known as the Redbud District, into a unique place to live, work, shop, and play; and WHEREAS, the Project Plan authorizes the Authority to carry out implementation actions in accordance with development agreements and financing approvals; and WHEREAS, the Developer, consistent with the Project Plan, proposes a multi - level, mixed -use development, including two restaurant establishments, substantial ground floor commercial retail, 10 residential units, multiple office units, and accompanying parking spaces ( "Project'); and 1 WHEREAS, the Developer owns real property, described and depicted on Exhibit 1, attached hereto ( "Project Site "), which lies within the Project Area as defined in the Project Plan, and proposes to construct and develop the Project on the Project Site; and WHEREAS, the development objectives of the City and the Authority for the enhancement of the Redbud District will be advanced by the Project; and WHEREAS, the parties wish to set forth the manner in which the Project is to be undertaken and implemented; and WHEREAS, the parties deem it appropriate to approve and execute this Agreement, which provides for the implementation of the Project consistent with the Project Plan, and the Authority determines that approval is in the best interests of the City, and the health, safety, and welfare of the City and its residents. IN CONSIDERATION of the mutual covenants and agreements contained herein, the Authority and the Developer hereby agree as follows: ARTICLE I SUBJECT OF AGREEMENT SECTION 1.01 Scope of Agreement A. The Developer hereby agrees, subject to the terms and conditions hereinafter provided, to cause the design, construction, and completion, in the time period hereinafter described, of the Project on the Project Site substantially in accordance with plans to be approved consistent with this Agreement; and B. The Authority hereby agrees, subject to the terms and conditions hereinafter provided, to provide to the Developer $1,229,000.00 or as much thereof as is actually received by the Authority of the ad valorem and sales tax increment revenues apportioned under the Project Plan, for the development of the Project in the manner provided in this Agreement, to be utilized exclusively for the payment of Project Costs as hereinafter described. SECTION 1.01 Scope of Development. The Project represents private investment of at least $10,200,000.00. The Project is a mixed -use development in the heart of the Redbud District. The Project will serve as an attraction for visitors to the area and new residents and stimulate additional private development in the area, providing a public benefit to the City. SECTION 1.02 Relationship of the Parties. The implementation of this Agreement is a complex process which will require the mutual agreement of the parties and their timely actions on matters appropriate or necessary to implementation. The parties further agree to consider and enter into such amendments as are reasonably necessary and appropriate to clarify, refine, or reinforce the commitments made herein or to adjust or modify them in light of changes in market conditions. The parties hereto shall use their best efforts in good faith to perform and to assist others in performing their respective obligations in accordance with this 2 Agreement. This Agreement specifically does not create any partnership or joint venture between the parties hereto, or render any party liable for any of the debts or obligations of any other party. ARTICLE II AUTHORITY OBLIGATIONS SECTION 2.01 Project Plan. The Authority shall support the Project in accordance with the Project Plan and this Agreement. SECTION 2.02 Certificate of Completion. Within 30 days after the Developer has completed the construction of the Project, the Authority shall famish to the Developer a Certificate of Completion, certifying that the Developer has met its construction and development obligations contained in this Agreement. SECTION 2.03 Public Assistance. As authorized by the Project Plan and subject to the terms, conditions, and limitations contained herein, the Authority shall provide assistance in development financing to the Developer in the amount of $1,229,000.00. Such assistance is to support construction of the Project. ARTICLE III DEVELOPER OBLIGATIONS SECTION 3.01 Design Documents. The Developer shall provide to the City the Development Plans and Specifications for the Project no later than the time for submission of such plans for building permits. The Community Development Department shall review the plans to confirm that the project meets the City's development objectives as reflected in this Agreement and complies with the Project description. SECTION 3.02 Development Obligations. Developer shall cause the Project to be constructed on the Project Site, at no expense to the City or the Authority. The Project must be constructed in accordance with the Development Plans and Specifications approved by the City. The Developer shall secure or cause the appropriate parties to secure all governmental approvals in connection with (a) the construction, completion, and occupancy of the Project; and (b) the development and operation of the Project, including, without limitation, zoning, building code, and environmental laws. The Project shall include the following: A. Multi - level, mixed -use development; B. First floor, consisting of approximately 17,000 square feet, with two restaurant concepts and commercial retail space; C. Second floor, consisting of approximately 12,500 square feet of commercial office space; D. Third floor, consisting of approximately 11,000 square feet of residential space; E. Dedicating parking for the residential units and office space; and F. Public parking to serve the commercial retail and restaurant spaces. SECTION 3.03 Design Documents. Consistent with Section 5.02 of this Agreement, the Developer shall provide to the City Development Plans and Specifications for the Project. Such Development Plans and Specifications shall be simultaneously submitted to the Community Development Department for review and comment. Ul3LIICyIIofk9 ASSISTANCE IN DEVELOPMENT FINANCING SECTION 4.01 Generally. The Project Plan authorizes Project Costs, including assistance in development financing. Such assistance is to support the Project, including the construction of a public improvements benefitting the Project. SECTION 4.02 Payment Obligations. Beginning on the first day of the second quarter of year following completion of the Project, as indicated by issuance of the Certificate of Completion, the Authority shall provide the Developer assistance in development financing in the form of direct annual payments to the Developer of 90% of collected and apportioned ad valorem and sales tax increment revenues generated by the Project, net of administrative costs and expenses authorized by the Project Plan. Such payment obligation shall be payable solely from apportioned tax increment revenues collected from the Increment District. Such payment obligation is conditioned upon the Developer's payment of taxes on the Project Site and upon an increase in taxable value of the Project Site. Such payment obligation shall not exceed $1,229,000.00. The payments of assistance in development financing shall continue until the occurrence of the first of the following events: (A) $1,229,000.00 is paid, (B) December 31, 2034, or (C) the Increment District ends and all apportioned increment has been expended. SECTION 4.03 Minimum Ad Valorem Payment Covenant. A covenant subjecting the Project Site to a minimum annual ad valorem payment obligation in the amount of $129,036.29, shall be imposed and shall be filed in the land records of the County Clerk of Tulsa County. Such payment obligation shall begin on January 1, 2020. The minimum ad valorem payment covenant shall continue in effect for the duration of the Increment District. Should the amount billed to the Developer by the Tulsa County Assessor be less than $129,036.29, the additional amount shall be billed to the Developer by the Authority. The Developer shall provide payment to the Authority within 30 days of receipt of the bill from the Authority. SECTION 4.04 Additional Conditions and Terms of Assistance in Development Financing. Notwithstanding anything to the contrary contained herein, under no circumstances shall the Developer be entitled to any payments of assistance in development financing if the Project has not been completed or if the Developer is in default under this Agreement. All payments are subject to availability of increment. 4 SECTION 4.05 Limitations on Assistance in Development Financing Obligations. Notwithstanding anything to the contrary contained herein, in no event shall the total amount of assistance in development financing provided to the Developer under this Agreement exceed $1,229,000.00. SECTION 4.06 Sales Tax Increment and Reporting. The sales tax increment is 2% of the gross proceeds or gross receipts derived from commercial retail transactions from new businesses in the Increment District that are taxable under the sales tax code of Oklahoma (including any and all amendments thereto and revisions thereof). The Developer shall provide to the Authority a quarterly status report of retail sales activities within the Project. Such reports shall be made as long as the Increment District remains in effect. Such records shall be made available for review or audit at the offices of the Developer upon written request by the Authority at a reasonable time after such request. The Developer shall use reasonable efforts to cause all leases in the Project to include provisions which waive, for the benefit of the Developer, the Authority, and the City, any and all rights of confidentiality which the lessee may have with respect to sales taxes generated from its business in the Project, and agree that the City and the Authority shall have the right to inspect such books and records of the lessee to determine or confirm the total amount of sales taxes generated from the lessee's business in the Project. The Authority and the City shall use reasonable efforts to maintain the confidentiality of any sales tax information, subject to any laws that may require disclosure thereof. SECTION 4.07 Adjustment or Repayment of Assistance. In the event the Oklahoma Tax Commission determines, for any reason, that any sales taxes were erroneously paid to the City from the sales in the Project and City is required to repay any portion of such taxes to the Oklahoma Tax Commission, the amount of such repayment shall be deducted from the calculation of the increment and therefore from the payment of assistance in development financing due for the year, and the payment to the Developer shall be adjusted accordingly. In the event that such a determination is made at a time when no further payments are due to the Developer under this Agreement, the Developer agrees to reimburse the Authority the amount of such repayment to the Oklahoma Tax Commission. The foregoing shall in no way waive or otherwise affect the right of Developer or any other business in the project to contest or protest any such determination by the Oklahoma Tax Commission. SECTION 4.08 Transfers. Should the Developer desire to transfer any interests in this Agreement or the Project Site to another development entity which is necessary for financing or development purposes, and the Authority states its general willingness to consider and approve appropriate transfers required for financing purposes pursuant to a request and documentation by the Developer. ARTICLE V CONSTRUCTION OF PROJECT SECTION 5.01 Scope of Project. The Project Site shall be developed within the general requirements established by the zoning and building codes applicable to the Project Site by the Code of the City ( "Code ") and related laws governing municipal planning and zoning, including but not limited to the Downtown Overlay District Plan. The Developer shall be 5 responsible for the construction, renovation, improvement, equipping, repair and installation of all public and private improvements associated with the Project as described in, and in conformance with approved schematic drawings, design documents, constructions documents, and related plans and documents ( "Development Plans and Specifications "). SECTION 5.02 Development Plans and Specifications. Upon the execution of this Agreement, the Developer shall prepare and submit Development Plans and Specifications for the Project to the City for its review pursuant to the Code. Thereafter, if the Developer desires to make any substantial or significant changes in the Development Plans and Specifications, the Developer shall submit the proposed changes to the City for its approval. The Developer and its approved assignees shall communicate and consult as frequently with the City and the Community Development Department as is necessary to ensure that any modifications to the Development Plans and Specifications can receive prompt and speedy consideration by the City. SECTION 5.03 Construction of Project. The Developer agrees that all construction, renovation, improvement, equipping, repair and installation work on the Project shall be done substantially in accordance with the Development Plans and Specifications as approved by the City, or as amended with the approval of the City. SECTION 5.04 City and Other Governmental Permits. The Developer shall, at its own expense, secure or cause to be secured any and all permits and approvals which may be required by the City and any other governmental agency having jurisdiction as to such construction, development or work in connection with any buildings, structures or other improvements at the Project Site. The Authority shall cooperate with and provide all usual assistance to the Developer in securing these permits, and approvals, and shall diligently process, review and consider all such permits and approvals as may be required by law. SECTION 5.05 Construction Schedule. Not later than December 31, 2017, the Developer shall have commenced the construction of the Project. Not later than June 30, 2019, the Developer shall have completed construction of the Project. If it appears the Project cannot be commenced or completed by such date, the Developer shall promptly report to the Authority that the Project will not be commenced or completed within the time provided for herein and shall provide an updated schedule regarding the time required for the commencement and completion of the Project. All revisions to the original construction schedule shall be subject to approval by the Authority, which approval shall not be unreasonably withheld. SECTION 5.06 Rights of Access. For the purpose of ensuring compliance with this Agreement, representatives of the Authority shall have the right of access to the Project Site, without charges or fees, at normal construction hours during the period of construction for the purposes of this Agreement, including, but not limited to, the inspection of the work being performed in constructing, renovating, improving, equipping, repairing and installing the Project, so long as they comply with applicable safety rules and do not unreasonably interfere with the activities of the Developer. Except in the case of an emergency, prior to any such access, such representatives of the Authority will check in with the on -site manager. All such representatives of the Authority shall carry proper identification, shall ensure their own safety, assuming the risk of injury, and shall not interfere with the construction activity. The Authority agrees to cooperate G with the Developer in facilitating access by the Developer to the Project Site for construction purposes, provided that the Authority shall incur no financial obligations therefor. SECTION 5.07 Indemnification. The Developer shall defend, indemnify, assume all responsibility for, and hold the Authority and the City and their respective elected and appointed officers and employees and agents, harmless from, all costs (including attorney's fees and costs); claims, demands, liabilities or judgments (except whose which have arisen from the willful misconduct or negligence of the Authority or the City, their officers, employees and agents) for injury or damage to property and injuries to persons, including death, which may be caused directly or indirectly by any of the Developer's activities under this Agreement, whether such activities or performance thereof be by the Developer or anyone directly or indirectly contracted with or employed by the Developer and whether such damage shall accrue or be discovered before or after termination of this Agreement. This indemnity includes, but is not limited to, any repair, cleanup, remediation, detoxification, or preparation and implementation of any removal, remediation, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes including petroleum and its fractions as defined in the Comprehensive Environmental Response, Compensation and Liability Act; codified at Title 42, Sections 9601, et seq. of the United States Code (hereinafter, "CERCLA "), and all amendments thereto, at any place where Developer owns or has control of real property pursuant to any of Developer's activities under this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of CERCLA to assure, protect, hold harmless and indemnify Authority from liability. SECTION 5.08 Liability Insurance. A. In addition to the indemnification of the Authority and the City required in Section 5.07 hereof, the Developer shall take out and maintain during the period set forth in subsection (D) of this Section, a comprehensive general liability policy in the amount of at least $1,000,000.00 for any person, $1,000,000.00 for any occurrence, and $1,000,000.00 property damage naming the Authority as an additional insured and loss payee, but only with respect to the liability policy. B. The Developer shall furnish a certificate of insurance signed by an authorized agent of the insurance carrier setting forth the general provisions of the insurance coverage. This certificate of insurance shall name the Authority as an additional insured under the policy. The certificate of insurance shall contain a statement of obligation on the part of the carrier to notify the Authority by certified mail of any modification, cancellation or termination of the coverage at least 30 days in advance of the effective date of any such modification, cancellation or termination. Coverage provided hereunder by the Developer shall be primary insurance and not contributing with any insurance maintained by the Authority, and the policy shall contain such an endorsement. The required certificate shall be filed with the Authority at the time of execution of this Agreement. C. The Developer shall also furnish or cause to be furnished to the Authority evidence satisfactory to the Authority that any contractor with whom it has contracted for the 7 performance of work on the Project Site or otherwise pursuant to this Agreement carries workers compensation insurance as required by law at the time of execution of the Agreement. D. The insurance obligations set forth in this Section shall remain in effect until performance of the development obligations contained in this Agreement. SECTION 5.09 Performance Bond. The Developer shall post with the City such performance bonds or other sureties as may be required by the Code. SECTION 5.10 Local, State and Federal Laws. The Developer shall carry out the provisions of this Agreement in conformity with all applicable local, state and federal laws and regulations. SECTION 5.11 Antidiscrimination During Construction. The Developer, for itself, its successors and assigns, and any contractor with whom Developer has contracted for the performance of work on the Project Site, agrees that in the construction of the Project, the Developer shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, age, sex, marital status, handicap, national origin or ancestry. SECTION 5.12 Taxes Assessments. Encumbrances and Liens. The Developer shall pay when due all real estate taxes and assessments on the Project Site. Prior to the performance of the obligations of this Agreement, the Developer shall not place or allow to be placed on the Project Site or any part thereof any uncontested mechanic's lien, any mortgage, trust deed, encumbrance or lien other than as expressly allowed by this Agreement. Nothing herein contained shall be deemed to prohibit the Developer from contesting the validity or amounts of any tax assessment, encumbrance or lien, nor to limit the remedies available to the Developer in respect thereto. SECTION 5.13 Prohibition Against Transfer of the Project Site or Structures Therein and Assignment of Agreement. The Developer shall not, except as permitted by this Agreement, without prior written approval of the Authority which shall not be unreasonably withheld, make any total or partial sale, transfer, conveyance, assignment or lease of the Project Site. The foregoing restrictions on assignment, transfer, and conveyance shall not apply to: A. Any mortgage lien or security interest granted by the Developer to secure indebtedness to any construction or permanent lender with respect to the Project; and B. The rental and leasing of portions of the Project Site by the Developer for any uses contemplated for the Project. SECTION 5.14 Restrictions on Sale of Control By the Developer. The qualifications of the Developer are of particular importance to the Authority. It is because of the qualifications and identity of the Developer, and the management thereof, that the Authority has entered into this Agreement with the Developer. Therefore, the Developer agrees that it will not sell a controlling interest in its own membership interests until performance of the development obligations in this Agreement to any individual or entity which is not currently a member of the E3 Developer. Without limiting the generality of the foregoing, except as otherwise expressly agreed by the Authority in writing, the Developer shall not terminate its existence, liquidate or dissolve, or sell all or substantially all of its assets until performance of the development obligations in this Agreement. SECTION 5.15 Covenants for Non - Discrimination. The Developer covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, familial status, marital status, age handicap, national origin or ancestry in the sale, lease, sublease, transfer, use occupancy, tenure or enjoyment of the Project Site, nor shall the Developer itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Project Site. The covenant established in this Section shall, without regard to technical classification and designation, be binding for the benefit and in favor of the Authority, its successors and assigns and any successor in interest to the Project Site or any part thereof. The covenants contained in this Section shall remain for so long as any amounts due under this Agreement or a tax increment district established for this Project remains unpaid or outstanding. SECTION 5.16 Maintenance Covenants. The Developer, and all successors and assigns in interest to the Developer, shall be obligated to maintain the Project and all improvements and landscaping situated on the Project Site in a clean and neat condition and in a continuous state of good repair in accordance with the Code. ARTICLE VI REPRESENTATATIONS AND WARRANTIES SECTION 6.01 Developer Representations and Warranties. The Developer represents and warrants the following: A. The Developer represents that it is a limited liability company duly organized and existing under the laws of the State of Oklahoma. The Developer is authorized to conduct business in the State of Oklahoma, and is not in violation of any provisions of its articles of organization, operating agreement, or any other agreement governing the Developer, or any law of the State of Oklahoma affecting Developer's ability to perform under this Agreement. B. The Developer's ability to accomplish the Project with financing assistance from the Authority has induced the Developer to proceed with the Project, and the Developer hereby covenants to complete the same and continue to maintain and operate the Project, until the Certificate of Completion is provided to the Developer from the Authority. C. The Developer represents that it has the full power and authority to execute this Agreement and this Agreement shall constitute a legal, valid and binding obligation of the Developer in accordance with its terms, and the consent of no other party is required for the execution and delivery of this Agreement by such Developer or the consummation of the 9 transactions contemplated hereby, subject to laws relating to bankruptcy, moratorium, insolvency, or other laws affecting creditor's rights generally and subject to general principles of equity. D. The Developer represents that the execution and delivery of this Agreement, the consummation of the transactions contemplated herein, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented or limited by or in conflict with, and will not result in a breach of, other provisions of its articles of organization, operating agreement or any other agreement governing the Developer or with any evidence of indebtedness, mortgages, agreements, or instruments of whatever nature to which the Developer is a party or by which it may be bound, and will not constitute a default under any of the foregoing. E. To the knowledge of the undersigned representative of the Developer, there is not currently pending any action, suit, proceeding or investigation, nor, is any such action threatened which, if adversely determined, would materially adversely affect the Developer or the Development, or impair the ability of the Developer to carry on its business substantially as now conducted or result in any substantial liability not adequately covered by insurance. F. The Developer warrants that it has not paid or given and will not pay or give any officer, employee or agent of the City or the Authority any money or other consideration for obtaining this Agreement. The Developer further represents that, to its best knowledge and belief, no officer, employee or agent of the City or the Authority who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision making process with regard to the Project, has or will have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the Project, or in any activity, or benefit therefrom, during or after the term of this Agreement. G. All utility services necessary for the development and construction of the Project are available to the Project Site, including water, storm and sanitary sewer facilities, electric and gas utilities, and telephone services. H. Financial statements of the Developer heretofore delivered to the Authority and the City are true and correct in all material respects, and fully and accurately present the financial condition of the Developer on the respective dates thereof. There has been no material adverse change in the financial condition of the Developer since the date of the latest statement furnished. I. The Project Site is free of all contamination requiring remediation including, but not limited to, (a) any "hazardous waste," "underground storage tanks," "petroleum," "regulated substance," or "used oil" as defined by the Resource Conservation and Recovery Act of 1976, as amended, or by any regulations promulgated thereunder; (b) any "hazardous substance" as defined by CERCLA, or by any regulations promulgated thereunder; (c) any substance the presence of which on, in, or under the Project Site is prohibited by any federal, state, or local law, rule, regulation, or ordinance similar to those set forth above; and (d) any other substance 10 which by federal, state, or local law, rule, regulation, or ordinance requires special handling in its collection, storage, treatment, or disposal. J. Neither this Agreement nor any statement or document referred to herein or delivered by the Developer pursuant to this Agreement contains any untrue statement or omits to state a material fact necessary to make the statements made herein or therein not misleading. SECTION 6.02 Authority Representations and Warranties. The Authority represents and warrants the following: A. The Authority is a duly organized and validly existing public trust under the laws of the State of Oklahoma and as such, is a duly constituted authority of the City and an agency of the State of Oklahoma. B. The Authority is fully empowered to enter into this Agreement and to perform the transactions contemplated thereby and generally to carry out its obligations hereunder and thereunder. The Authority has duly authorized its Chairman, or in his absence, its Vice - Chairman, to execute and deliver this Agreement and all other documentation required to consummate the transaction contemplated herein on behalf of the Authority. C. The performance by the Authority under this Agreement will not violate any provision or constitute a default under any indenture, agreement, or instrument to which the Authority is currently bound or by which it is affected. D. To the knowledge of the undersigned officer of the Authority, there is no action, suit, proceeding or inquiry at law or in equity pending or threatened, affecting the Authority wherein any unfavorable decision, ruling or finding would materially adversely affect the Authority's ability to perform under this Agreement or under any other instrument pertinent to the transaction contemplated herein to which the Authority is a parry. ARTICLE VII EVENTS OF DEFAULT AND REMEDIES SECTION 7.01 Events of Default. The following shall constitute Events of Default hereunder and under each of the instruments executed pursuant to this Agreement: A. Default by the Developer in the performance or observance of any covenant contained in this Agreement, any instrument executed pursuant to this Agreement, or under the terms of any other instrument delivered to the Authority in connection with this Agreement, including, without limitation, the falsity or breach of any representation, warranty or covenant; B. Material variance from the approved Development Plans and Specifications without prior written consent of the City with regard to any of the materials, machinery, or equipment acquired in connection with the Project or the appurtenances thereto, or any other material variance from the Development Plans and Specifications; 11 C. Any representation, statement, certificate, schedule or report made or furnished to the Authority by the Developer with respect to the matters and transactions covered by this Agreement which proves to be false or erroneous in any material respect at the time of its making or any warranty of a continuing nature which ceases to be complied with in any material respect and the Developer fails to take or cause to be taken corrective measures satisfactory to the Authority within 30 days after written notice by the Authority; or D. The initiation of bankruptcy or receivership proceedings by or against the Developer and the pendency of such proceedings for 60 days. SECTION 7.02 Remedies. The Authority will provide the Developer with notice and 30 days opportunity to cure any Event of Default described in Section 7.01. Upon the Developer's failure to commence and diligently pursue the cure within such 30 -day period, the Authority may, at its option, declare the Authority shall be entitled to proceed simultaneously or selectively and successively to enforce its rights under this Agreement and any of the instruments executed pursuant to the terms hereof, of any one or all of them. SECTION 7.03 Termination. A. In the event that the City unreasonably fails to approve the Development Plans and Specifications, and, if any such default or failure shall not be cured within 30 days after the date of written demand by the Developer, then this Agreement, or the relevant portion thereof, may, at the option of the Developer, be terminated by written notice thereof to the Authority, and, neither the Authority, nor the Developer shall have any further rights against or liability to the others under this Agreement with respect to the terminated portion thereof. B. In the event that the Developer fails to submit the Development Plans and Specifications to the City, or the Developer fails to obtain evidence of financing capacity satisfactory to the Authority, and, if any default or failure shall not be cured within 30 days after the date of written demand by the Authority, then this Agreement, or the relevant portion thereof, may, at the option of the Authority, be terminated by written notice thereof to the Developer, and, neither the Authority nor the Developer shall have any further rights against or liability to the others under this Agreement with respect to the terminated portion thereof. SECTION 7.04 Completion by the Authority. If an Event of Default occurs prior to the completion of construction of the Project, the Authority shall have the right, but shall not be bound, to complete the Project according to the approved Development Plans and Specifications. In the event the Authority elects to so complete the Project, the execution of this Agreement shall be deemed to be an appointment by the Developer of the Authority as its true and lawful attorney -in -fact with the full power of substitution to complete, or cause to be completed, the Project in the Developer's name and shall empower the Authority as follows: A. To use any funds of the Developer in the manner called for by the Development Plans and Specifications; 12 B. To make minor changes and corrections in the Development Plans and Specifications as shall be deemed necessary or desirable by the Authority; provided, however, that such changes do not increase project costs more than 5% determined on a cumulative basis; C. To employ such contractors, subcontractors, agents, and inspectors as shall be required; D. To pay, settle or compromise all existing bills and claims which are or may be liens against the property constituting a portion of the Project Site or any part thereof or may be necessary or desirable for completion of the work or obtaining clear title; E. To execute all applications and certificates in the Developer's name, which may be required by any contract relating to the Project; and F. To do any and every act with respect to the Project which the Developer may do on its own behalf. It is understood and agreed that this power of attorney shall be deemed to be a power coupled with an interest which cannot be revoked. The Authority, as the Developer's attorney -in -fact, shall also have the power to prosecute and defend all actions or proceedings in connection with the Project and to take such action and require such performance as the Authority deems necessary. The cost of said completion, including an amount equal to 10% of such cost for the Authority's services in connection with such completion, shall be paid to the Authority by the Developer. SECTION 7.05 Enforced Delay; Extension of Times of Performance. A. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where the party seeking the extension has acted diligently and delays or defaults are due to events beyond the reasonable control of the party such as but not limited to: default of other party; war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; invasion, lack of transportation; litigation; unusually severe weather; or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. B. Times of performance under this Agreement may also be extended in writing by the mutual agreement of the Authority and the Developer. SECTION 7.06 Non - liability of Officials, Employees, and Agents of the Authority. No official, employee or agent of the Authority shall be personally liable to the Developer, or any successor in interest, pursuant to the provisions of this Agreement, for any default or breach by the Authority. 13 ARTICLE VIII MISCELLANEOUS SECTION 8.01 Authority's Obligations Limited. Nothing in this Agreement is intended to require or obligate nor shall anything herein be interpreted to require or obligate the Authority to provide, apply or make any payment or advance from any revenue or funds coming into its hands other than the funds derived from Increment District No. 8 and in the manner provided in this Agreement. SECTION 8.02 Notices. Any notices or other communications required or permitted hereunder shall be sufficiently given if delivered personally or sent by registered or certified mail, postage prepaid, return receipt requested and addressed as set forth below or to such other address as the party concerned may substitute by written notice to the other. All notices shall be deemed received within three days (excluding Saturdays, Sundays and holidays recognized by national banking associations) after being mailed: To the Authority: Owasso Public Works Authority 200 S. Main Street Owasso, Oklahoma 74055 Attn: Warren Lehr, Manager To the Developer: Main Street Development, LLC 13711 E. 66`h Street N. Owasso, Oklahoma 74055 Attn: Brenda Coulter SECTION 8.03 Amendment. This Agreement may not be amended or modified in any way, except by an instrument in writing executed by both parties hereto and approved in writing by the Developer and the Authority. SECTION 8.04 Non - Waiver• Cumulative Remedies. No failure on the part of the Authority to exercise and no delay in exercising any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by the Authority of any right hereunder preclude any other or further right thereof. The remedies herein provided are cumulative and not alternative. SECTION 8.05 Assi ng ment. This Agreement shall not be assignable by the Developer without the prior written consent of the Authority. The rights and benefits under this Agreement may be assigned by the Authority. SECTION 8.06 Applicable Law. This Agreement and the documents issued and executed hereunder shall be deemed to be a contract made under the laws of the State of Oklahoma and shall not be construed to constitute the Authority as a joint venturer with the Developer or to constitute a partnership among the parties. 14 SECTION 8.07 Descriptive Headings. The descriptive headings of the articles and sections of this Agreement are for convenience only and shall not be used in the construction of the terms hereof. SECTION 8.08 Integrated Agreement. This Agreement constitutes the entire agreement between the parties hereto, and there are no agreements, understandings, warranties, or representations between the parties regarding the financing of the Project other than those set forth herein. SECTION 8.09 Time of Essence. Time is of the essence in the performance of this Agreement. SECTION 8.10 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, legal representatives, and assigns. SECTION 8.11 Right to Defend. The Authority shall have the right, but not the obligation, with benefit of counsel selected by the Authority, all at the Developer's expense, to commence, appear in or defend any action or proceeding purporting to affect the rights or duties of the parties hereunder, and in connection therewith, if the Developer fails to so commence, appear in or defend any such action or proceeding, except in a suit between the Developer and the Authority, in which case the prevailing party shall be entitled to such fees and expenses as a part of any judgment obtained. SECTION 8.12 Trustees' Disclaimer. This instrument is executed by the Trustees or officers or both of the Authority in their official capacities as such Trustees or officers. By the execution hereof all parties agree that, for the payment of any claim or the performance of any obligations hereunder, resort shall be had solely to the specific assets of the Authority described herein and no Trustee or officer of the Authority shall be held personally liable therefore. In this regard, specific reference is made to Section 179 of the Public Trust Act and to the Trust Indenture dated as of the 10`h day of January, 1973, pursuant to which the Authority was created, a copy of which is of record in the office of the Authority. SECTION 8.13 Counterparts. This Agreement may be executed in several counterparts, and all such executed counterparts shall constitute the same Agreement. It shall be necessary to account for only one such counterpart in proving this Agreement. SECTION 8.13 Construction of this Agreement. The parties acknowledge that the parties and their counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any exhibits or amendments hereto. IN WITNESS WHEREOF, the Developer and the Authority have caused this Agreement to be duly executed this _ day of October, 2017. 15 (SEAL) ATTEST: Secretary OWASSO PUBLIC WORKS AUTHORITY Lyndell Dunn, Chairman MAIN STREET DEVELOPMENT, LLC : [to Brenda Coulter, Manager ACKNOWELDGEMENTS STATE OF OKLAHOMA ) )SS: COUNTY OF TULSA ) The foregoing instrument was acknowledged before me this _ day of October, 2017, by Lyndell Dunn, Chairman of the Owasso Public Works Authority, a public trust, on behalf of the Trust. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the date and year first above written. Notary Public (Notary Seal) STATE OF OKLAHOMA ) )SS: COUNTY OF TULSA ) The foregoing instrument was acknowledged before me this day of October, 2017, by Brenda Coulter, Manager of Main Street Development, LLC, on behalf of Main Street Development, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the date and year first above written. (Notary Seal) Notary Public 17 EXHIBIT 1 Location, Legal Description, and Map of the Project Site Address: 106 E 2nd Avenue Legal Description: Lots 1 through 7, Block 26, Original Town of Owasso sd The City Wit out Limits. TO: Honorable Mayor and City Council, City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Easement Closures- Anderson Family Trust DATE: October 6, 2017 BACKGROUND: The City of Owasso received a request from Adam Anderson (Anderson Family Trust) for the closing of a portion of a utility easement. The location of the easement lies on Lot 8, Block 3, located at 9804 E 84th St N in The Summit at Southern Links subdivision. The reason for the utility easement closure request is the desire of the applicant to build an in- ground swimming pool on the subject property. When the lot was platted, the existing rear -yard easement essentially took up most of the useable back yard space. In order to maintain a rear yard utility easement, the applicant will recorded a new easement on property he owns immediately to the south of the subject property. Upon Council action to close the easement, the applicant should take the closure Ordinance request to District Court and file for vacation of the easement which will completely remove it from the books. TECHNICAL ADVISORY COMMITTEE: Technical Advisory Committee (TAC) reviewed the request at their meeting on September 20, 2017. PROPOSED ACTION: Staff plans to bring forth a recommendation for City Council approval of an ordinance for the partial utility easement closure request at the October 17, 2017 City Council meeting. ATTACHMENTS: Aerial Map Legal Description and Exhibit of the Portion of the Easement to be Closed Draft Ordinance Tulsa County Clerk - Michael Willis Doc # 2017081503 Page(s): 1 09/01/2017 03:09:46 PM Receipt p 17 -49426 �kLnNO�ptt Fee: $ 13.00 PAYNE SURVEYING SERVICE, P.C. 0 1218 W. Will Rogers Blvd. Claremore, OK 74017 Phone(918)341 -0617 Fax(918)341 -4973 Oe- mail:paynesurveying @hotmail.com iJ NSQ\ c54 3-- August 18, 2017 For: Adam Anderson LEGAL DESCRIPTION SUBJECT PROPERTY Lot 8 in Block 3 of THE SUMMIT AT SOUTHERN LINKS, on addition to the City of Owasso, Tulsa County, Oklahoma, according to the recorded Plot No. 5191. PROPOSED NEW UTILITY EASEMENT A Utility Easement over and across u port of Government Lot 2 in Section 30, Township 21 North, Range 14 East of the I. B. & M., Tulsa County, Oklahoma, said Easement being further described as follows: Commencing at the Southeast corner of Lot 8 in Block 3 of THE SUMMIT AT SOUTHERN LINKS, an addition to the City of Owasso, Tulsa County, Oklahoma, according to the recorded Plat No. 5191; thence N 66 °44'50" W. along the Southerly line of said Lot 8 in Block 3, a distance of 14.50 feet to the Point of Beginning; thence S 79 °46'30' W distance of 109.97 feet; thence N 10 °13'30" W a distance of 72.73 feet to a point on the Southerly line of THE SUMMIT AT SOUTHERN LINKS; thence S 66 °44'50" E. along said Southerly line, a distance of 21.42 feet; thence S 27 °15'10" W a distance of 12.45 feet; thence S 10 013'30" E a distance of 39.52 feet; thence N 79 °46'30" distance of 34 feet to a point on the Southerly line of THE SUMMIT AT SO N LINKS n¢¢ee S 68 044'50" E, along said Southerly line, a distance of 19. fe to the Poi Baainnina. Signature Date � �� oNotary Public jnt �ry a' /j p,./ SEP 1 2 L �� 1 te of Oklahoma *Comm. .'' Christina G Frey C t-� TULSA COUNTY !/ 1 COMMISSION #16009107 Exp. 09 -22 -2020 Tulsa County Clerk - Michael Willis Doe # 2017081502 Page(s): 1 09/01/2017 03:09:46 PM Receipt # 17 -49426 °o r° Fee: $ 13.00 kL4N °� i 1218 W. Will Rogers Blvd. Claremore, OK 74017 � Phone(918)341 -0617 Fax(918)341 -4973 e- mail:paynesurveying @hotmail.com August 18, 2017 For: Adam Anderson LEGAL DESCRIPTION SUBJECT PROPERTY C Lot 8 in Block 3 of THE SUMMIT AT SOUTHERN LINKS, on addition to the City of Owasso, Tulsa County, Oklahoma, according to the recorded Plot No. 5191 kLEGAL DESCRIPTION PORTION OF EXISTING 11' UTILITY EASEMENT TO BE VACATED A part of the 11.0 foot Utility Easement along the Southerly line of Lot 8 in Block 3 of THE SUMMIT AT SOUTHERN LINKS, on addition to the City of Owasso, Tulsa County, �l Oklahoma, according to the recorded Plot No. 5191, said part being further described as follows: Commencing at the Southwest corner of said Lot 8; thence S 66044'50" E, along the Southerly line thereof, a distance of 15.00 feet to the Point of Beginning; continuing S 66 °44'50 "_E a distance of 91.00 feet; thence_N 23 015'10" E a distance of 11.00 feet; N 66 044'50" W a distance of 91.00 feet; thence S 23 °15'10" W a distance of 11.00 feet to the Point of Beginning. GJ 8-3 Summitatsouthernlinks /ad a e son /vac/ted e aldescr iption /811812017 Signature / !! /4. ���/ Date ( L Ic otary Pub SEP 0 1 2011 of Oklahoma �(�� � 1 i" z 1Q:)r.-600:MM'1MMu16LF'P tina G Frey SA COUNTYSSION 009107 . . 00- 22.2020 PLAT OF SURVEY STATE OF OKLAHOMA �NORT" PREPARED FOR SCALE P'= 20' ADAM ANDERSON TULSA COUNTY Was aE e6wma . 2ERIES &6E° ON It, accckom awr or TeE suualr Ar soaTeeRU unKs THIS PROPERTY IS LOCATED IN ZONE X (UNSHADED) PER FLOOD INSURANCE RATE MAP #'40143CO138L, REVISED OCTOBER 16. 2012, COMBINED L£CAL DESCRIPTION LEE 8 in Block 3 of THE SUMMIT At SOUTHERN UNKS. on Addition to the City of Owosso, Tul, County, Oklehare, o Subdi✓dion of a port of the W12 of SAARAn 30, Township 21 North, Range t4 East of Ire 1. B. & M. AND A tract at load cantoinin, o part of Government Lot 2 in Section 30, Toveship 21 North, flange 14 East of the 1. 0. & M., Tulsa County, Oklahome, acid tract being further described as (allows: Commencing at the Southeast Comer of Lot 8 in Block 3 of THE SUMMIT AT SOUTHERN LINKS, an addition to the City of Owasso, Tulsa County, Oklahoma, cuund;ng to the recorded Plot No. 5191; thence N 66'44'50^ W, along the Southerly line of said Lot 8 ;n Block 3, o distance of 14.50 feet to the Paint of Beg;nning; thence 5 79'4630" I a distance of 109.97 (eeC (hence N 10'13'30 W a distance of 72.73 feet to a Point on the Southerly line of THE SUMMIT AT SOUTHERN LINKS; thence 5 66'4450 E. Oran, sold Southerly line, ce distance of 131,84 feet to the Point of Beginning, conleing 0.09 acres more or less, PROPOSED NEW UTILITY EASEMENT A Utility Easement over and across a part of Government Lot 2 in Section 3D. Tonnsh, 21 North. Range 14 East of the I. S. & W. Tulsa County, Oklahoma, said Easement heir, further described es follows: Commencing at the Southeast corner of Lot 8 in Block 3 of THE SUMMIT AT SOUTHERN LINKS, an addition to the City of Div., Tmsa County. Oklahoma, accard;ng to the retarded Pink No. 5191; thence N 66'44'50" W, along (be Soulherly line of sold Lot 8 in Block 3, v distance of 14,50 feet to the Point of Beginning; thence 5 29'46'30 W a distance of 109 T? feet; thence N 10'1330" W a distance of 72.23 feet to a point on the Sourish, line al THE SUMMIT AT SOUTHERN UNKS; thence S 66'44'50" E, along .aid Soulhery line, a distance of 21.42 feet; thence S 23'15'10 W a distance of 12.45 feet: thence 5 101330" E o distance of 39.52 feet; thence N 29'4630' E o distance Of 82.34 feet to A Paint on the Southerly line of THE SUMMIT AT SOUTHERN LINKS: thence 5 HTa4'50" E. along soil Soulberly line, o distance of 19.94 feet to the Point of Beginning. 3 / 4 PifH 85 LDG LANE a FA 4/ 6o PORTION OF EXISTING 11' UTILITY EASEMENT TO BE VACATED A part of the 11.0 foot Utild, Easement along the Southerly line of Lot 8 in Black 3 of THE SUMMIT AT SOUTHERN LINKS, ea -hron to the (its of O.aseo, Tula. Cooly, Gore. ,according to the meal Plot \ No. 5191, sad part ben, further deecrb o A f Commencng at the Sooth,hat career of said Lot 8; thence S 664450" E along the Southerly br a dstonce of 1500 feet to the Pon: 1 8 g ing; thence conl'nung 5 6644'50" E 0 distance f 91 DO feet: thence N 23'1510" E a dstonce of 11.00 feet; \ thence N 664450 v/ a nereand of 91,00 f U thence 5 231510" W o distance of 11.00 fact t In, Paint al Begnnn9. CONC a LOT 8 ORtvE BLOCK �r \ / //f , fSAIT \ \ /M a:sEa �ralc �_Cax FEET, r a..1 /a'Ip� ?<,3. �a RIxO�'13�'•r COV'CON Sri t /a',v 3 rG A �E^SfI E ME,y/ 9 Nf\ 23'15'10' w Is POOL AG D P,O.B. Z p a, SET coo tua , PO 1TE0 ESMi. O SET 6IC NAL O N N w'' no o ^' 0. 8.09 acre S 66'< dcuc� J99R2 " R A- HOT f TUB SR Ede me, _ 82 34' ; SIT N 79'4fi 3O• Ui \LIN ESMi. PROPOSED SET 109.99 W S 79.46 30 SET t /2N 1 9 669y 8p. NOTE: ALL IRON PINS WILL HAVE AN ORANGE PLASTIC CAP STAMPED " PAYNE IS 1282'. NOTE: FENCES ARE NOT DRAWN TO SCALE. \a 7 \ THE SUMMIT AT \ SOUTHERN LINKS CERTIFICATION I, Randall R. Ed, , the orders goad, A Pr AEa.na Laos Surveyor in the State of Oklahoma ao healthy bove calla, that the a described properly has bean s rveyca under my supervgmn and that it meet. a ceeas The Oklahoma m standards for the practice of Iona s rvarnig v adapted by the OWChoma State Board of Registration far Pralessbnal Engineers and Land Surveyed. That is as and correct to the best of my leashed, Oad belef WITNESS my hand end seal this ___ Bm day of 2017. "Skin PAYNE SURVEYING SERVICE ,a _ can o,°" :n :can wn 1218 {V. {V9LL ROCERS BLVD. PERSE .— - "In d h CLAREd90RE, OKLA. . E�Enam eox 0 -lard "weak "a'Q 341 -0617 rf R.1 t I R. f I AY 1,5. 1282 -/ 3b8 CA 23 b8 {1,5) EXPIRES 6/30%19 SIGNATURE DATE 3 'u 231 IF e 23'15'10' E \ \ cm d:Re 2 W \ \ /A> \® RRi ton ,<,5p, \ r r \ SOUTHEST COR. 66" \ 2 CERTIFICATION I, Randall R. Ed, , the orders goad, A Pr AEa.na Laos Surveyor in the State of Oklahoma ao healthy bove calla, that the a described properly has bean s rveyca under my supervgmn and that it meet. a ceeas The Oklahoma m standards for the practice of Iona s rvarnig v adapted by the OWChoma State Board of Registration far Pralessbnal Engineers and Land Surveyed. That is as and correct to the best of my leashed, Oad belef WITNESS my hand end seal this ___ Bm day of 2017. "Skin PAYNE SURVEYING SERVICE ,a _ can o,°" :n :can wn 1218 {V. {V9LL ROCERS BLVD. PERSE .— - "In d h CLAREd90RE, OKLA. . E�Enam eox 0 -lard "weak "a'Q 341 -0617 rf R.1 t I R. f I AY 1,5. 1282 -/ 3b8 CA 23 b8 {1,5) EXPIRES 6/30%19 SIGNATURE DATE CITY OF OWASSO, OKLAHOMA ORDINANCE AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED AT 9804 E 84th ST N, OWASSO, OKLAHOMA, AND ACCORDING TO THE RECORDED PLAT NO. 5191 WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to the public use a portion of a certain utility easement attached as Exhibit "A "; and, WHEREAS, the City of Owasso retains the absolute right to reopen the same without expense to the municipality, and repealing all ordinances or parts of ordinances in conflict. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A TRACT OF LAND THAT IS PART OF LOT EIGHT (8), BLOCK THREE (3), THE SUMMIT AT SOUTHERN LINKS, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT NO. 5191. THE SUBJECT PROPERTY ADDRESS IS 9804 E 84TH ST N OWASSO, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PART OF THE 11.0 FOOT UTILITY EASEMENT ALONG THE SOUTHERLY LINE OF LOT 8 IN BLOCK 3 OF THE SUMMIT AT SOUTHERN LINKS, ON ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT NO. 5191, SAID PART BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 8; THENCE S 66 °44'50" E, ALONG THE SOUTHERLY LINE THEREOF, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING; CONTINUING S 66 044'50" E A DISTANCE OF 91.00 FEET; THENCE N 23 °15'10" E A DISTANCE OF 11.00 FEET; N 66 °44'50" W A DISTANCE OF 91.00 FEET; THENCE S 2301510" W A DISTANCE OF 11.00 FEET TO THE POINT OF BEGINNING. The same is hereby closed for public use as a utility easement SECTION 2. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION 4. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION 6. There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. APPROVED by the City Council of the City of Owasso, Oklahoma on the _ day of 2017. Lyndell Dunn, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL APPROVED as to form and legality this day of , 2017. Julie Lombardi, City Attorney Page 2 of 2 Ordinance DATE FILED MRq 13, 1997 yM1 x 'PLAT NO. 5191 THE SUMMIT AT 5191 NORTH SOUTHERN LINKS - T 22 RX Aopmox To 7R6 catt OF pvASSO, rvlr wuXrr. 6TAT7. or p 21 NaR. +�,•: ,r, .' A SUBpM51DN OF A PANT OF i.E kl /2 oP SE1410N Oo, TOUNENIP al XIIRiU, M� RANGE IA EAV OF ME IAAU.. 3EG 30 DEVELOPER: ' F(nt TRAIL'S END DEVELOPMENT, INC. T.R,fIaI IITYI LOCATION NAP '"g1Q6 p oi BO.r 6U euxv6l'OR: TOTAL ACRES 15.66 WHIL . OYASSO, 0$ 7!056 PAYNE SURV017110 SERVICE cY 12T6 A. MILL ROCERS RLTD, TOTAL LOTS » 31 CONSULTING ENGINEERS PIL 272 -7160 CLAREIIORE, 0RL1. G{1 -oar r %11 1I I- Y IAj�ii� i •c p p �i v xs 6.I N OYp M b c Mb 1 ;, w "'A'A 6CCIpU �y,y X N33VT YG it tdl -µ �IK BAILEY RANCH GOLF COURSE pv W W SE ^AT pe° i1 t9 11 _ EAST AM SRk(ET'MORN TT 1 ICM I\ 31; Imo' \ 1 p 3 1 T 11, a af- N W n " 6 � nR `T p MIA 6R ilia _— 2m u 9 •• s MIYSY 1I i> H li x 'p.IT L•p�1m • 1 Sdd t ': • % N )�� CTS �• i p ` t ' ♦ 11 STi�N J 1 1 CK '1 3 1% TYOT M '4 3 M n t >°�dpTt 1`INxUAfJT.56 xY�,yp x>t euo s Sranr t VENJIe 11 t �r.TZSrpr R.T]aW 41M.it IECFHp UNPLATTED urt - anRT cwaay C/L - pRM.KL WTWM1 - ru•.w.a THE PLAT BOOK— TULSA COUNTY — COPYRIGHT 1997 ROY MALERNEE, CITY MAP SERVICE, INC. I TULSA, OKLAHOMA FEDERAL LAW PROHISfTS REPRODUCTION FOR ANY PURPOSE WITHOUT PERMISSION OF COPYRIGHT OWNER. 3' i A 6 i �v The City Wit out Limits. TO: Honorable Mayor and City Council, Use City of Owasso FROM: Bronce L. Stephenson, MPA AG (Agriculture) Director of Community Development SUBJECT: Annexation OA -17 -05 - E 106th St N & N Garnet Road Right -Of -Way DATE: October 6, 2017 BACKGROUND: The Community Development Department received a request for the annexation of portions of the intersection of E 106th St N and N Garnett Rd. The request specifically refers to the northwest right -of -way and southeast right -of -way of the intersection of E 106th St N and N Garnett Rd. These properties were acquired by the City for intersection improvements at this location, but were never annexed. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North AG (Agriculture) Undeveloped Transitional City of Owasso South RE (Residential Estates) Residential/ Residential City of Owasso N/A Undeveloped East AG (Agriculture) Residential/ Residential City of Owasso Undeveloped West AG (Agriculture) Undeveloped Residential City of Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 1.68 Aces Total Current Zoning AG (Agriculture) and RE (Residential Estate) Proposed Use Right -of -Way Land Use Plan Right -of -Way Within Overlay District? No Within PUD No Water Provider City of Owasso Applicable Paybacks N/A ANALYSIS: The northwestern portion of the intersection right -of -way is currently zoned AG (Agriculture), while the southeast portion is zoned RE (Residential Estates). Both of the properties rie in Tulsa County. The applicant, the City of Owasso, acquired these properties from Tulsa County when the intersection of E 106th St N and N Garnett Rd was improved. The properties were never brought into the City Limits and are being annexed at this time to ensure proper ownership and maintenance responsibilities. The properties will be used solely for road right -of -way. ANNEXATION COMMITTEE: The Owasso Annexation Committee met on September 27, 2017, and voted unanimously to recommend approval of the annexation request for the subject properties (OA 17 -05). PROPOSED ACTION: Staff plans to recommend approval of the annexation request (OA 17 -05) to annex the subject properties into the corporate limits of the City of Owasso at the October 17 City Council meeting. ATTACHMENTS: Draft Ordinance Aerial Map Legal Exhibit CITY OF OWASSO, OKLAHOMA ORDINANCE AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICATION OA -17 -05 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for annexation of the properties herein described as one being located northwest and one being located southeast of the intersection of E 106 St North and N Garnett Road; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Annexation Committee, the Owasso Planning Commission, and all statements for or against the requested annexation the property referenced in application OA- 17 -05. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A TRACT OF LAND IN SECTION 7, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SE /CNR OF THE SE /Q OF SAID SECTION 7, THENCE NORTH ALONG THE EAST LINE OF SAID SECTION N O1 024'44 "W A DISTANCE OF 660.25 FEET, THENCE S 88 037'35 "W A DISTANCE OF 60.00 FEET TO A POINT ON WEST BOUNDARY OF GARNETT ROAD RIGHT OF WAY, THENCE SOUTH ALONG SAID ROAD RIGHT OF WAY SO1 024'44 "E A DISTANCE OF 582.30 FEET, THENCE S 43 035'26 "W A DISTANCE OF 39.60 FEET TO A POINT ON THE NORTH BOUNDARY OF E 106TH ST N RIGHT OF WAY, THENCE WEST ALONG SAID STREET RIGHT OF WAY S 88035'36"W A DISTANCE OF 572.09 FEET, THENCE S01025'30 "E A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 7, THENCE EAST ALONG SAID SECTION LINE N88 035'40 "E A DISTANCE OF 660.08 FEET TO THE POINT OF BEGINNING, CONTAINING 70,016 SQUARE FEET OR 1.60 ACRES. AND A TRACT OF LAND IN SECTION 17, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NW /CNR OF THE NW /Q OF SAID SECTION 17, THENCE SOUTH ALONG WEST LINE OF SAID SECTION SO1 010'29 "E A DISTANCE OF 640.00 FEET, THENCE N88 043'25 "E A DISTANCE OF 50.00 FEET TO A POINT ON THE EAST BOUNDARY OF GARNETT ROAD RIGHT OF WAY, THENCE NORTH ALONG SAID ROAD RIGHT OF WAY NO1 010'29 "W A DISTANCE OF 272.80 FEET, THENCE S88 049'31 "W A DISTANCE OF 5.00 FEET, THENCE N01 010'29 "W A DISTANCE OF 41.05 FEET, THENCE S89 041'53 "E A DISTANCE OF 15.00 FEET, THENCE NO1 °10'29 "W A DISTANCE OF 248.55 FEET, THENCE N43 046'28 "E A DISTANCE OF 39.63 FEET TO A POINT ON THE SOUTH BOUNDARY OF E 106TH ST N RIGHT OF WAY, THENCE EAST ALONG SAID RIGHT OF WAY LINE N88 043'25 "E A DISTANCE OF 200.00 FEET, THENCE N01 010'29 "W A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 17, THENCE WEST ALONG SAID SECTION LINE S88 °43'34 "W A DISTANCE OF 288.00 FEET TO THE POINT OF BEGINNING, CONTAINING 46,849 SQUARE FEET OR 1.08 ACRES. The same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and its corporate limits and shall be utilized for public right -of -way. All persons residing therein, and all property situated thereon, shall be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. SECTION 2. From and after the passage and publication of this Ordinance, the real estate and territory described above shall be a part of the City of Owasso, Oklahoma, and in Ward 2. SECTION 3. All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION 4. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION 6. There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map of the territory annexed. PASSED by the City Council of the City of Owasso, Oklahoma on the day of 2017. Lyndell Dunn, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this day of , 2017. Julie Lombardi, City Attorney C7 7 Subject Tract M 1 iv4�� Isis , •r � yam} "i.,,�a, - f 1,;; � `' 71 63T„�y,,• till ' -, � ` P '^. Y r r ,'. � �3•:Q U..C/CJU IAI �' I Q�U{I:tJCJU �` - Note: Graphic overlays may - • N not precisely align with physical ®Subject o too 200 400 0721 -14& features on the ground. T OA 17 -05 I I 1 1 1 Aerial Photo Date: February2016 Tract Feet 1721 -14 yj [�S d A i,J A treat of land In Section 7. Township ZI North, Range I4 East of the Inds, Roc. sad Wrldlon, 7olso County, Stale of Oldahomo, more padk,dady dosadbM at lellmia Beginning al the SE/CNR el the 5E/0 of sold Section 7, thence earth aong file cost Ile. of sold $call. N OP24'441W a distance or GG0.25 foot, theses S 80'37'3541 d dishes. of 60.00 feet to 6 point an want Wendel or Conra0. Road Right of Way, thence snuffs along saw r.ad r10ht of way S01424'44 "E 0 "dstreco of 582M feet, thence 5 43'36,2641 a drknn" of 39.60 feat to a point an Ilia north boumiory of E 106W St N Right of Way. tines. weal..tong sold street right of xay S 08'35'301'1 o Blsltn" of 572.09 feet. thews 501'26'3b'E a distance dl 50.00 fact to a Oolyd an Ifs...Wb tin¢ of field Southe 7, lb.wa oast aide? said suction line R60'35e40E o distance of 480.00 feel to the Patel of 0aglnninq, containing 76.016 square fast w 1.08 acres, and A trust of 1014 w Stairs. 17, loweuNy 21 North, Rsngu 14 East of the Indian Boa. and 1041wren, 7We. County, Stab al Mich.... mare particularly described on Werea: Beginning at the NWIM of Zile UW /Q of and 5cdron 17, thence south along west rise or sow auction 56410'20"E a distance of 440,00 foal, thence N08'43'25"E o fralnn" of 50.00 feet W o ppelts on the asst boundary of Oarnea ftobd Right of Woy, lh¢ns¢ earth Wring sold road fight or nay NOi'10'29'1V a distance of 272.80 fosh !hence 58890'3119 a distance ti 5.00 feet, thoms NOp10'20V o disbna¢ of 4ROS feet, then" S8914103"E o deft.. of 15.00 feel, thwca WNW7919 e distance of 248.55 fast, th "aa N43'4626 "E . drston" of 39.63 taut to a pole( on the s.uth boundary of E 106th St N Rigid of Woy, innate east thong "w light of way lino N80'4325'E a distance of 2011 feet thews 01'10'ROV a d deem of 6040 last to a point on the north flat of said Section 17, theme awl don? sold 00110A Ilea 508'43'3441 a distance of 288.00 fact le 01. We of B.giwgng, contoning 46,849 equbra test or 1.00 acres. E 106th St.N & Garnett Road Annexation ( CITY oT OWASSO 819117 Legend Emsmc= I 1 I X Main Stfeflt P.O. Box 180 Owasso, OIC 74055 918,376.1500 Sd The City Wit out Limits. TO: Honorable Mayor and City Council, City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: OPUD 17 -02 & OZ 17 -06 -Mingo Crossing DATE: October 6, 2017 BACKGROUND: The Community Development Department received a Planned Unit Development (PUD) application for Mingo Crossing, a proposed residential subdivision development. The subject property is located on the east side of N Mingo Rd, approximately a quarter mile south of the intersection of E 106 +h St N and N Mingo Rd. The property is approximately 21.36 acres in size and is currently zoned AG (Agriculture). A rezoning request (OZ 17 -06) was filed concurrently with this PUD application requesting that a zoning of RS -3 (Residential Single - Family High Density) be applied to the property. In September 2017, City Council approved Ordinance 1108 to annex the subject property into the City Limits of Owasso. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North PUD 06 -041 RM (Residential Multi - Family) Undeveloped Transitional City of Owasso South PUD 01- 02 /RS -3 (Residential Residential/ Residential City of Owasso 2.67 DU /AC Proposed 2.81 DU /AC Maximum Single - Family High Density) Undeveloped Within PUD? PUD -17 -02 East PUD 06- 04 /RS -1 (Residential Undeveloped Residential City of Owasso Single - Family Low Density) West AG (Agriculture) Undeveloped Residential City of Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 21.36 acres Current Zoning AG (Agriculture) Proposed Use Residential Proposed Zoning RS -3 (Residential Single- Family High Density) Lots /Blocks 57 lots, 4 blocks Land Use Plan Residential Number of Reserve Areas 1 Reserve Area Gross Dwelling Units /Acre 2.67 DU /AC Proposed 2.81 DU /AC Maximum Total Units 57 DU Proposed 60 DU Maximum Within PUD? PUD -17 -02 Within Overlay District? No Water Provider City of Owasso Applicable Paybacks /Fees Storm Siren Fee ($35.00 per acre) Ranch Creek Sewer Service Assessment Area ($610.33 per acre) Streets (public or private) Public CONCEPT OF A PUD: A Planned Unit Development, also known as a PUD, is a development concept that allows for greater creativity and flexibility than typically allowed under traditional zoning and planning practices. For example, PUDs often allow developers to place different zonings and land uses in close proximity to each other. Developers may also have more flexibility in certain aspects of development, such as building setback requirements and building height limitations, which can be more restrictive in standard zoning districts. However, a PUD should not be considered a tool to circumvent the City's Zoning Code and Subdivision Regulations. All aspects of the PUD application are subject to public comment as well as consideration and approval from the Community Development Department, the Owasso Technical Advisory Committee, the Owasso Planning Commission, and the Owasso City Council. PUD applications presented to the Planning Commission and City Council are for approval of the uses and the overall conceptual development plan as it relates to the context of the surrounding area. ANALYSIS: The subject property was annexed into the City Limits of Owasso in September 2017 under Ordinance 1108. A significant amount of the eastern portion of the subject property lies within the 100 -year floodplain. There is also an active drainageway /creek that runs the length of the property from the northern boundary to the southern property line. Therefore, this PUD proposal and accompanying zoning request only apply to the western portion of the annexed property on which development is able to take place. The legal description submitted with the rezoning request excludes the portion of the property on the east side of the 100 -year floodplain. This eastern portion would retain its current zoning of AG (Agriculture) while the rest of the property would be rezoned RS -3 (Residential Single - Family High Density). The total development area is 11.10 acres, while the remaining balance of the property will remain as common open space. Development on the property would take the form of a detached single - family residential subdivision. The PUD proposes 57 lots in 4 blocks with a maximum of sixty (60) dwelling units. The developer anticipates that Mingo Crossing will be developed in one (1) phase. The underlying zoning of RS -3 (Residential Single - Family High Density) will guide the development of the property, but the PUD process allows for unique design in meeting the requirements for an RS -3 district as prescribed by the Zoning Code. While the Zoning Code requires RS -3 districts to have a minimum lot width of sixty -five (65) feet, the PUD proposes lot widths of sixty (60) feet. Additionally, the lot sizes in the development will range between approximately 5,400 square feet and 6,600 square feet, while the Zoning Code requires 7,000 square foot lots. Finally, the minimum front yard setback in the PUD proposal is twenty (20) feet while the Code requires twenty -five (25) feet. These smaller dimensions are proposed in the PUD document due to the significant restrictions placed on the subject property by the 100 -year floodplain that makes much of the property undevelopable. Residences in RS -3 zoning districts are required by the Zoning Code to provide a twenty -five (25) foot setback in the front yard primarily due to driveway parking of vehicles. In a typical residential subdivision, this requirement ensures that the driveway of the residence will be an adequate length to avoid vehicles overhanging the sidewalk. The applicant is pursuing a PUD on the subject property because the physical characteristics o f f he property make it difficult to develop under the typical RS -3 district standards required in the Zoning Code. Therefore, after discussions with the applicant, staff has worked with the applicant in the design of certain allowances in how the applicant intends to develop the property that will still ensure that adequate driveway and street parking will be provided. Staff has agreed to support a twenty (20) foot front yard setback for the development to allow the applicant to design the subdivision to get a good lot yield, despite the amount of undevelopable land. However, two other measures have been agreed to by staff and the applicant in order to protect the intent of front yard setback requirements in the Code. First, sidewalks will be provided throughout the subdivision and will be constructed along the back of the curb with no grass strip between the sidewalk and the street, as seen in typical residential development in Owasso. This design allows an extra few feet of driveway length for parking of vehicles, reducing the potential for them to overhang on the sidewalk. An example of sidewalks placed on the back of the curb can be seen in Exhibit G of the PUD proposal document. Second, while the front of the home would be allowed a twenty (20) foot front yard setback, all garages shall be required to meet a higher front yard setback of twenty -two (22) feet, pushing them back farther from the sidewalk and street. The combination of these two requirements will result in driveways that meet the typical twenty -five (25) foot front yard setback for RS -3 districts as well as improve the overall aesthetics of the neighborhood. Residences in the subdivision are expected to be of a Craftsman - style, which is a type of architecture not currently prevalent in Owasso. Craftsman -style homes tend to have larger front porches and more architectural detail than typically found in today's residential building trends. An example of the Craftsman -style homes expected to be developed in Mingo Crossing can be seen in Exhibit D of the PUD proposal document. Allowing the front of the residence to be placed closer to the street than the garage also adds aesthetic value to the home. The typical residence in Owasso has a garage that protrudes farther than the front of the home into the front yard, resulting in a home that is visually dominated by the garage. The front fagade of the Craftsman -style homes in Mingo Crossing, however, will be allowed to project farther into the front yard than the garage, creating a more welcoming and aesthetically pleasing home. Parking is often a concern when considering PUD proposals such as this one requesting smaller lot sizes, lot widths, and front yard setbacks than what is typically required by the Zoning Code. One way that the PUD proposal intends to provide adequate parking within the development is by clustering the driveways of the residences together. Typically, driveways in a residential subdivision are spaced evenly apart, leaving room for at least two (2) cars to park on the street between the driveways. However, as this PUD requests smaller lot sizes, the typical driveway arrangement would only provide enough space for one (1) car to park between driveways on the street. Therefore, the PUD proposal calls for clustering the driveways. An example of clustered driveways can be seen in Exhibit G of the PUD proposal document. By placing the driveways of adjacent houses next to each other, rather than spaced evenly down the row of houses, it allows for two (2) or three (3) cars to be parked on the street in the larger gaps left between drives. Extra parking for the subdivision will also be provided in the form of several parking spaces placed near the amenity area and trail access point in the northeast corner of the development. Two (2) access points to the development will be located on N Mingo Rd. Due to traffic and safety concerns along this arterial, acceleration and deceleration lanes will be required for these access points. Access points on N Mingo Rd will also have attractive entry features and landscaping to add aesthetic value to the neighborhood. Sidewalk will be provided along N Mingo Rd. The streets within the Mingo Crossing development will be public. In terms of providing the required number of amenities in a typical PUD, the property is significantly limited due to its size and the constraints of the 100 -year floodplain. To supplement the amenity limitations on this PUD, an extensive Interpretive Nature Trail would be constructed and maintained between the residential development and the 100 -year floodplain. The trail would run the length of the property from the northern property line to the southern property line, closely following the drainageway( creek. This trail would be designed and platted as a twenty (20) foot public trail easement, so that it eventually would be eligible for connection to the Owasso Regional Trail System as it is developed in the future. The trail would also be dedicated to the City of Owasso upon the City's request at a time deemed appropriate. Informational signs would be placed along the trail denoting local wildlife, trees, and plants. There would be two (2) access points to the trail from the residential subdivision, and it would be constructed with a hard surface material. The creek has substantial tree coverage, and the developer expects that most of the trees in the floodplain area would remain undisturbed. Staff feels that the amenities provided meet the intent of the Code. As required by the Subdivision Regulations, a Homeowners' Association will be established to maintain the Interpretive Trail System, reserve areas within the development, fencing and landscaping along Mingo, and other amenity areas. All open space and amenity requirements as set out by the Owasso Zoning Code would be met by the PUD. The PUD document states that the expected open space would be 28.1% of the development area, which exceeds the 20% requirement specified in the Zoning Code. The applicant has submitted a Preliminary Plat along with this PUD request. As per the Chapter on Planned Unit Developments in the Owasso Zoning Code, a Preliminary Plat may be submitted concurrently with a PUD application. The Preliminary Plat was also reviewed along with the PUD by staff and the Technical Advisory Committee and allows the applicant to proceed with a Final Plat once the PUD has received approval from the Owasso City Council. The City of Owasso will provide sanitary sewer, Fire, Police, EMS, and water service to the proposed development. Adequate utility access to the homes in the interior of the development has been provided in the form of a ten (10) foot access easement located midway in the interior block of residences. Sanitary sewer service would need to be extended from the west or south to serve the property. Stormwater detention will be provided on -site. If the PUD is approved, the applicant would provide final development plans for the area being developed for administrative review and approval by City Staff. These plans shall include civil engineering drawings, landscape plans, drainage plans, utility plans, Final Plat, etc. A neighborhood meeting was held by the applicant on September 5, 2017, to provide an opportunity to answer any questions and address any concerns of nearby property owners. Invitations to the meeting were sent out by the applicant to all property owners within a 300' radius of the subject property, but no residents attended the meeting. City staff published a legal notice of the PUD and zoning requests in the Owasso Reporter on September 20, 2017, and also mailed notices to property owners within a 300' radius of the subject property. COMPREHENSIVE PLAN CONSISTENCY: The 2030 GrOwasso Land Use Master Plan identifies the subject property for residential land uses. The proposed residential development is therefore supported by the Land Use Master Plan. HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT: The land surrounding the subject property is primarily undeveloped with a residential subdivision to the southeast. If approved, the Mingo Crossing development would have the some underlying zoning as the existing adjacent residential subdivision. The majority of surrounding parcels of land are called out for residential land uses in the 2030 GrOwasso Land Use Master Plan, with transitional land uses called out for to the north. Therefore, an RS -3 (Residential Single - Family High Density) zoning and the development in the PUD proposal would be in harmony with the existing and expected development in the area. PLANNING COMMISSION & COUNCIL CONSIDERATION: Future planning issues must be considered if the PUD amendment is approved. If approved, the applicant would be required to adhere to all City of Owasso subdivision regulations and engineering requirements. According to the Owasso Zoning Code, the Planning Commission and City Council shall hold a public hearing on any PUD application and determine the following: 1. Whether the PUD is consistent with the Comprehensive Plan. 2. Whether the PUD is in harmony with the existing and expected development of surrounding areas. 3. Whether the PUD is a unified treatment of the development possibilities of the project site. 4. Whether the PUD is consistent with the stated purpose and standards of the PUD Ordinance, which are: a. To permit innovative land development while maintaining appropriate limitation on the character and intensity of use assuring compatibility with adjoining and proximate properties; b. To permit flexibility within the development to best utilize the unique physical features of the particular site; c. To provide and preserve meaningful open space; and d. To achieve a continuity of function and design within the development. PLANNING COMMISSION: The Planning Commission will hear this item at their October 9, 2017, meeting ATTACHMENTS: Aerial Map Zoning Map 2030 GrOwasso Land Use Master Plan Map Mingo Crossing PUD Concept Proposal Mingo Crossing Preliminary Plat Mingo Crossing OPUD 17 -02 & M `� 1 = 752 ft OZ 17 -06 08/09/2017 'ell . _.. s This map represents a visual display of related geographic information_ Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso Public staff for the most up -to -date information. i Agriculture Agriculture Office Medium Agriculture i i Agriculture ra .South r Iv�ii Agriculture Es i Agriculture i Ag Bailey Medical Cei Office Medium sldential`Snigle Family High Density 7 I Land Use Master Plan OPUD 17 -02 & OZ 17 -06 Mingo Crossing LEGEND Land Use Categories ® Commercial ® Industnal/Regional Employment Neighborhood Mired Use (Light Office, -% Commercial Shopping, Attached Housing, -' - - - SF Housing, Apartments above retail) Parks/Recreation - PubliNlnstitulionalfOuasi Public Residential (Single family detached housing) Transitional (Attached housing, duplexes, offices) ® US7690veday Distna ® - Glenr4Mur Addition Special Oislnct ® "Downtown Development Distract 100yr Floodplain Planned TraluOn- Street Bikeroutef Complete Street Busting trail A Fire Station Existing Pudic School 7 Future Public School -f- Civilian Airstrip ® Future Park and Ride /rmnsit Stop © Hospital Q Public Park v Goff Course ttt Cemetery r ♦• • w �a 1 1.' ♦y a i I i PUD 17 -02 M II?g0 Crossing Owasso, Oklahoma Tulsa Engineering & Planning Associates 9820 East 4 1 sc 5trcct, 5t. 102 tep Tulsa, Oklahoma 74146 918.252.9621 rax918.25o.4566 10/4/2017 F: \Data \MISC\17077.00.001 Mingo Crossing PUD.doc TABLE OF CONTENTS Development Concept Exhibit A - Conceptual Site Plan Exhibit B - Development Area Plan Exhibit C - Conceptual Landscape Plan Exhibit D - Conceptual Craftsman Building Elevations Exhibit E - Existing Conditions Plan Exhibit F - Surrounding Zoning and Land Use Plan Exhibit G — Driveway /Sidewalk Plan Exhibit H — Connectivity Plan ]I. Statistical Summary ............................................................................ ..............................2 III. Development Standards: Development Area `A' — Single- Family Residential ...............3 IV. Development Standards: Open Space ................................................. ..............................3 V. Landscaping and Open Space ............................................................. ..............................4 VI. Sidewalks ............................................................................................ ..............................4 VII. Homeowners' Association .................................................................. ..............................4 VIII. Site Plan Review ................................................................................. ..............................4 IX. Schedule of Development ................................................................... ..............................4 F: \Data \MISC \17077.00.001 Mingo Crossing PUD.doc I. Development Concept Mingo Crossing is a proposed 21.36 acre single - family residential development located approximately 1/4 mile south of the intersection of East 106" Street North and North Mingo Road, on the east side of North Mingo Road. The tract has 1315.88 ft. feet of frontage along North Mingo Road. The property is abutted on the north by undeveloped Residential zoned land (RS -3 /PUD 06 -04), to the east by undeveloped Agriculture (AG) and Residential zoned land IRS - 3 /PUD 06 -04) and to the south by the partially developed Honey Creek at Bailey Ranch residential development (RS -3 /PUD 01 -02). The project site is currently zoned Agriculture (AG). Submitted concurrently with this PUD application is a zoning request to re -zone the entire tract to RS -3, Residential Single - Family. The site is characterized by moderately sloping terrain, with a ridge that runs nortIdsouth in the northwest portion of the project site (See Exhibit' — Existing Conditions Plan). There is 100 -year floodplain and a drainageway /creek located along the eastern portion of the site where a significant amount of tree cover exists. The goal will be to maintain as many of the existing trees as possible — it is anticipated that the majority of the trees that are located within the 100 -year floodplain will not be disturbed. The site geometry for the site's developable area is impacted by the relatively narrow width between North Mingo Road and the 100 -year floodplain, hence it is felt that a PUD is the best way to develop this site. The soil types found on the project site are typical for the area and should pose no unusual developmental problems. The location of the PUD has very favorable accessibility, location and visibility from surrounding roadways and will blend in with the existing residential development in the area. Mingo Crossing will feature homes with Craftsman -style front elevations on single - family detached lots, with lot sizes ranging from 54' x 110' to 60' x 110' (See Exhibit `D' — Conceptual Craftsman Building Elevations). The style of homes proposed at Mingo Crossing will be a new type of single - family home for the Owasso housing market. It is felt that the Craftsman -style front elevation home will provide a new and very aesthetically pleasing alternative for the Owasso home buyer. There will be two access points onto North Mingo Road into the Mingo Crossing site. Acceleration and deceleration lanes will be provided at these two entries. All streets within Mingo Crossing are to be public The amenities that are to be provided at Mingo Crossing will be as required by the City of Owasso Zoning Code and approved by the Community Development Department. There will be an Interpretive Nature Trail that will be located within a 20' Trail Easement (public) along the edge of the 100 -year floodplain that will allow for future connectivity to, and ultimately becoming a part of, the Owasso Regional Trail System. The Interpretive Nature Trail will be dedicated to the City of Owasso upon the City's request and will be constructed with a hard surface material. This trail is proposed to have various signs along the trail denoting the area wildlife, trees and other items of interest in the area. A Homeowners Association will be established that will have the responsibility FAData\MIS017077.00.001 Mingo Crossing PUD.doc of maintaining all reserve and amenity areas, the Interpretive Trail System, landscape entryways as well as the fencing and landscaping along North Mingo Road. It is anticipated that Mingo Crossing will be developed as one phase, with development commencing as soon as the appropriate approvals have been received. H. Statistical Summary Total Project Area Maximum Number of Dwelling Units Project Density Total Open Space Area 2136 acres (Gross) 19.85 acres (Net) .1 2.81 DU /Acre (Gross) 261,360 square feet 6.00 Acres (28.1%) Note: 1). Exhibit'A' - Conceptual Site Plan shows a total of 57 DUs, and an overall density is 2.67 DUs /Acre. F: \Data \MISC \17077.00.001 Mingo Crossing PUD.doc III. Development Standards: Development Area A — Single - Family Residential Permitted Uses: Uses permitted by right in the RS -3 Zoning District. Maximum Number of Dwelling Units: 60 DUs Minimum Livability Space Per Dwelling Unit: 4,000 sq. ft.* Minimum Lot Size 5,400 sq. ft. Minimum Lot Width 54 feet Minimum Front Yard 20 feet • Garage setback 22 feet Minimum Side Yard 5 ft. 15 ft. Minimum Side Yard abutting private street 15 feet * *!20 feet with side loaded garage Minimum Rear Yard 20 feet Maximum Building Height 35 feet Other Bulk and Area Requirements As established in the RS- 3 Zoning District * Livability Space is defined as open space not used for parking or drives. Livability Space per Dwelling Unit may also include open space and Reserve Areas not located on the specific lot. ** Minimum Side Yard on arterial streets is 15 ft. IV. Development Standards: Development Area `B' - Open Space Permitted Uses: Passive and active open space, stormwater detention facilities. 3 F: \Data \MISC \17077.00.001 Mingo Crossing PUD.doe V. Landscaping and Open Space Except as modified herein, landscaping shall be provided in accordance with "Chapter 20 — Landscape Requirements" of the City of Owasso Zoning Ordinance. VI. Sidewalks Sidewalks are to be located adjacent to the back of curb, with no grass strip between the sidewalk and the street. This will help avoid issues with vehicles parked in driveways and vehicular overhang onto the sidewalk area (See Exhibit `G' — Driveway /Sidewalk Plan and Exhibit 'H'— Connectivity Plan). VIL Homeowners' Association The Mingo Crossing Homeowners' Association, to be established, will have as its main objective, the maintenance of the landscaped entryways, reserve /open space /amenity areas, Interpretive Trail System as well as the fencing and landscaping along North Mingo Road. Membership in the Mingo Crossing Homeowners' Association will be mandatory for all lot owners. Final documents for the Mingo Crossing Homeowners' Association will be included in the Deed of Dedication and Restrictive Covenants and will be on file in the Tulsa County Clerk's office, along with the Final Plat, and will include the maintenance agreement and other specific rights and requirements for association members. VIII. Site Plan Review For the purpose of the site plan review requirements, the approved final plat shall constitute the required detail site plan. IX. Schedule of Development The initial development of Mingo Crossing is expected to commence after final approval of the PUD and the platting of the property. F: \Data\MtSC \17077.00.001 Mingo Crossing PUD.doc D-] 0 z Ens. E Mh WTREErtaMte N Not To Scale Data Summary: Total Project Area 21.36 Acres Total Number of Lots 57 Project Density 2.67 DUs/Acro Project Open Space 6.60 Acres (41.2%) Exhibit 'A' Mingo Crossing Conceptual Site Plan GA17-O UD117-077 Ex. 'A' Conceptual Site Plan.dwg. 7/31/2817 -AIM PM N Q t Z 1MTeell / FlwtlpleN y I \ W v/ I i / DEVELOPMENT EA'B' / C{en Sp°msl°Imwau Delenikn 8.15 bas '. 100 -Yaef FlWtlpltln / / Flo°tlpbb Rup I S 8B °4479 "W - 6059' MA 1CO.Y°°, FbMplel°1 Q I�2 1 I V i 1 N Not To Scale T 21 N Data Summary: / Total Project Area 21. Acres (Gross) � 19.85 05 Acres (Net) / Development Area 'N 11.10 Acres (Net) / Development Area'B' 8.75 Acres (Net) l\ � Exhibit 1131 Existing Pond Mingo Crossing Development Area Plan G117- O77\PUD\17.077 Ex, 'B' Development Area Plan.dwg, W31/2017-4,37 PM Location Map a -14-E eatt laen sn>farxomx FPuT64tl BiFEEf NgnHr Section 18 Was County 57 Lots -21.96 Acres N Not To Scale T 21 N Data Summary: / Total Project Area 21. Acres (Gross) � 19.85 05 Acres (Net) / Development Area 'N 11.10 Acres (Net) / Development Area'B' 8.75 Acres (Net) l\ � Exhibit 1131 Existing Pond Mingo Crossing Development Area Plan G117- O77\PUD\17.077 Ex, 'B' Development Area Plan.dwg, W31/2017-4,37 PM QA17) nPUDW1 " Ex. 'CC.p pl.IL�ndm plandM. 10 017 -1090 PM rep II f R O Z U [5041 e..srseusx�rxowrx Exhibit 'D' T 21 N Mingo Crossing — Conceptual Craftsman Building Elevations 0117 -077%PUM17.On Fx'C' ConmPhual Building ElavagonsAn. 81012017 -135 PM rep I I i I f Fnsl of Paenne �c I� `a I a i N II F q I/ I' 1: 100-Year Foodpah �1 i. 11 0 Z u O Not To Scale Legend: 110 F16jallnes o O L� > Drelnag ay T 21 N Exhibit 'El Mingo Crossing` Existing Conditions Plan Gi17- OMPUDW -077 Ex.'E' Existing Conditions Plan,dvg, 7/312017 - 4:34 PN Location Map R -14 -E FA9LIWN SLPEETNg1lN rh 8 �u g __.Earewn sraEar NOalx~ Section to Tulsa County 67 Lots - 21.36 Acres O Not To Scale Legend: 110 F16jallnes o O L� > Drelnag ay T 21 N Exhibit 'El Mingo Crossing` Existing Conditions Plan Gi17- OMPUDW -077 Ex.'E' Existing Conditions Plan,dvg, 7/312017 - 4:34 PN top 0 Z . aa�3laeE . Tulsa County I N Not To Scale Exhibit 'F' Mingo Crossing` Surrounding. zoning and Land Use Plan CAI 7.0771PUC117 -077 Ex. F Surrounding Zoning and Land Use Plan.dsg, 7A12017. 4:31 PM t =i= aa . aa�3laeE . Tulsa County I N Not To Scale Exhibit 'F' Mingo Crossing` Surrounding. zoning and Land Use Plan CAI 7.0771PUC117 -077 Ex. F Surrounding Zoning and Land Use Plan.dsg, 7A12017. 4:31 PM 5' Sidewalk Residential Street 5' Sidewalk 5' Sidewalk fit' ROW ROW 20' Bulltling Line / / / 20' Building Line rep Cluster Driveway Plan Sidewalk Plan II F Q I2 �l 5 Sidewalk Residential Street 5' Sidewalk EAST Mh STREUN H S' Sidewalk — —UN16 Driveway (Typkel) 20' Bulltling Line 20' Building Line Cluster Driveway Plan Sidewalk Plan II F Q I2 �l N Scale: 1' =20' Exhibit IGI T 21 N Mingo Crossing Driveway /Sidewalk Plan G:M7 -07TPUD117-077 EX.'G' DdvewaySidawalk Plan.dwg,10N4/2gi7- 11:49 AM Location Map A -14 -E EAST Mh STREUN H �FASi PoN 9inEUMUH~ Section 1S Tulsa County 57 Lots - 21.36 Acres N Scale: 1' =20' Exhibit IGI T 21 N Mingo Crossing Driveway /Sidewalk Plan G:M7 -07TPUD117-077 EX.'G' DdvewaySidawalk Plan.dwg,10N4/2gi7- 11:49 AM rep 0: z W Location Map P -14-E FAST I. SIREWNORM '� EA4F a!M STREE! NOR1Hw Sec lon 1e Tulsa County 57 Late- 21.36 Acres 0 Not To Sude Exhibit IHI Mingo Crossing Connectivity Plan Gill- 077WUM17 -077 Ex. 'K ConnWk* Plan.dw0. 1010412017. 1022 AM ENGINEER /SURVEYOR Tulsa Engineering& Planning Assaolales, fns. w. sll. .n.... �azuaazl...... Preliminary Plat Planned Unit Development 17-02 Mingo Crossing A subdivision in the City of Owasso, being a part of the NW /4 of Setuton 18, Township 21 North, Range 14 East of the Indian Meridian, Tulsa OWNER /DEVELOPER County, State of Oklahoma Win Capital Nomes Residential GrauD. L.L.C. �,. a•Bv—s .n q� T fl I2! �l /[uxu.xnue. revm Le end Monument Notes Basis of Bearing. ...ew...,, �.,.e. Benchmark IMMOMM ® ®o ®off �d The City Wi out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Charlene Lawrence Pretreatment & Stormwater Manager SUBJECT: Stormwater Management Program Chapters 1 & 2, Amending Part 18, DATE: October 2, 2017 BACKGROUND: November 1, 2015, Oklahoma Department of Environmental Quality (ODEQ) issued the City of Owasso an OKR04 Municipal Separate Storm Sewer System (MS4) Permit to release to the Waters of the State of Oklahoma. The Public Works staff began reviewing Part 18, Chapter 2, Stormwater Management Program of the City of Owasso Code of Ordinances. Review of the Stormwater Management Ordinance revealed the need to develop a section specifically focused on a Stormwater Management Program that will enable staff to effectively monitor and control the discharge of pollutants into the City of Owasso Municipal Separate Storm Sewer System (MS4). PROPOSED ORDINANCE: The changes to the current Stormwater Management Ordinance, Part 18, Chapter 1 is the addition of Definitions and abbreviations and the addition of Chapter 2 - General Limitations, Prohibitions and Requirements for Illicit Discharge and Elimination, Construction and Post - Construction. The proposed Stormwater Management Program Ordinance would do the following but is not limited to: • Authorize the City to establish a Stormwater Management Program for the control of pollutants from stormwater runoff. • Provide for health, safety and welfare of the citizens of Owasso by the regulation of non - stormwater discharges to the City of Owasso Municipal Separate Storm Sewer System (MS4). • Establish methods for controlling the direct or indirect introduction of pollutants into the Storm Sewer System. • Comply with requirements of the Clean Water Act (33 U.S.C. 1251). • Comply with requirements of the National Pollutant Discharge Elimination System (NPDES) and Stormwater Regulations (40 CFR Part 122). • Comply with requirements of the Oklahoma Pollutant Discharge and Elimination System (OPDES) Permit requirements (OAC 252:606- 1- 3(b) (3)). • Enforce the Oklahoma Department of Environmental Quality (ODEQ) Municipal Separate Storm Sewer System (MS4) Stormwater Permit OKR04 issued to the City of Owasso in 2016. • Enforce the ODEQ Construction General Permit OKR10 to control stormwater runoff from developments and construction sites issued by ODEQ effective October 18, 2017. • Enforce the ODEQ Industrial General Permit OKR05 to control stormwater runoff from industrial facilities issued by ODEQ July 5, 2017. • Require Developers and Builders to implement best management practices (BMPs) as specified in the Owasso Stormwater Management Program and the ODEQ Construction General Permit OKR10. PUBLIC MEETING: In October 2017, the City of Owasso Public Works Staff will hold a Public Meeting for developers, builders, industries and citizens of Owasso. The purpose of the meeting is to provide a venue for staff to explain the reasons for and the requirements of the Oklahoma Department of Environmental Quality (ODEQ) mandated Stormwater Management Program for the City of Owasso. In addition, to provide an opportunity to ask questions, provide ideas for the program and express any concerns. PROPOSED ACTION: An item has been included on the October 10, 2017, Council Work Session agenda in order to discuss the proposed improvements to the Stormwater Management Ordinance, Part 18, Chapters 1 and 2 of the Stormwater Management Program. sd The City Wi out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Mark E. Stuckey Assistant Chief SUBJECT: Purchase of a New Wildland Vehicle, Fire Station No. 4 DATE: October 6, 2017 BACKGROUND: In an effort to provide wildland fire suppression capabilities from each of the City of Owasso's fire stations, the fire department has identified a need to purchase a new wildland vehicle for station #4. The total project cost for this new apparatus is estimated at $105,000. The project team evaluated the department's three current wildland vehicles and determined that the F -350 crew cab vehicles are performing as expected. The team intends to continue utilizing the same platform for wildland responses. Wildland emergency vehicles are utilized for the extinguishment of grass, brush, and tree fires. Firefighting efforts in wildland areas require different techniques, specialized equipment, and vehicles. These vehicles must be light enough to navigate various off -road obstacles such as small creeks, ditches, mud, and fields. These specialized vehicles must have the ability to transport fire fighters as well as adequate amounts of equipment and water used to extinguish wildland fires. Typically, this type of apparatus carries a small water pump and various hand tools such as shovels, rakes and a chain saw. The basic vehicle is usually a commercially produced heavy -duty truck which is then modified to fit the needs of wildland emergency response. The modifications include steel bumpers with brush guards to prevent vehicle damage, large contact area aggressive tread tires, low maintenance lightweight wheels, and a winch that matches the vehicle's fully loaded weight. These modifications allow the vehicle to function efficiently not only in wildland operations, but also during adverse weather events. These modified vehicles have the ability to navigate through the deep snow to rescue stranded motorists and to assist the ambulances during medical incidents, as experienced during the crippling snow event of February 2011. PROCURMENT CONSIDERATIONS: In order to be fiscally responsible, the project team analyzed various purchasing options to achieve the lowest possible cost for a new wildland vehicle. The State of Oklahoma Central Purchasing is dedicated to accountable public procurement while optimizing taxpayer dollars through the use of statewide contracts. The State of Oklahoma solicits bids from multiple vendors on an annual basis to provide goods and services to state and local governments. The utilization of the state bid process ensures the lowest possible cost to the government by leveraging volume purchasing in order to provide cost discounts. After reviewing all purchasing options, the project team found that 1) purchasing the vehicle through the state bid process, and 2) utilizing city personnel to purchase and install the fire suppression equipment, is in the best interest of the citizens of Owasso. Wildland Fire SUDOression Eauioment The wildland suppression equipment includes: a wildland firefighting water pump, a 200 - gallon water tank, two hose reels, tool box, equipment baskets, and tool mounts, along with off -road modifications such as over size wheels and tires, off -road suspension, bumpers, brush guards, and a winch with front and rear attachments. Other needed equipment includes: emergency lighting package, siren, radios, lettering and reflective striping. Portable tools include; chain saw, assorted firefighting hand tools and miscellaneous multi - purpose hand tools. Funding for the station #4 wildland vehicle would come from the Capital Improvements Project fund. FUTURE ACTION: Staff intends to recommend City Council approve the purchase of one (1) new F -350 crew cob truck for an amount not exceed $42,067.90 and authorize the purchase of the wildland fire suppression elements for a total project cost not to exceed $105,000 at the next City Council meeting. FAIfK-114C I MIN John Vance Auto Group state bid price quote John Vance Auto Group Fleet & Government Sales Division PO Box 400 Guthrie, OK 73044 -0400 405 - 282 -3800 Fax: 405-260-3010 City of Owasso Fire Department 8901 N. Garnett Road Owasso, OK 74055 Phone: (918)272-5253 Sales Quotation J®HBi9 AN9CE AUTO GROUP wvn.m m. <. n.r • __r 'JOHN VANCE MOTORS VANCE COUNTRY FORD VANCE FORD - LINCOLN • VANCE CHEVROLET •VANCE CHRYSLER • NEWBY -VANCE MOBILITY VANCE FLEET SERVICES Questions? Please call Lloyd Lovely Quote Number: 019042 Date 9/27/2017 Quote Expires: 10/2712017 Q CODE Description Price Extend 1 W313 2018 FORD F350 CREW CAB PICK -UP, 8 FOOT BED $41,369.90 $41,369.90 1 4WD 4WHEEL DRIVE 1 610A PREFERRED EQUIPMENT GROUP 1 99T ENGINE: 6.7L V8 DIESEL 1 44W TRANSMISSION: 6 -SPEED AUTOMATIC 1 KEY EXTRA KEY 1 TINT DEEP TINT GLASS 1 TTP TRAILER TOW PACKAGE 1 X3J 3.55 LOCKING DIFFERENTIAL 1 90L POWER EQUIPMENT GROUP 1 CSTEP CHROMESTEPS 1 41P SKID PLATES 1 425 50 STATE EMISSIONS 1 43C 110/40OW OUTLET 1 473 SNOW PLOW PACKAGE 1 512 SPARE TIRE 1 52B BRAKE CONTROLLER 1 525 CRUISE CONTROL 1 585 AMIFMICD /CLOCK 1 59H HI MOUNT STOP LAMP 1 64F STEEL WHEELS 18" 1 66S UPFITTER SWITCHES 1 67B DUAL EXTRA HD ALT 1 AS INT COLOR: VINYL 40/20/40 MEDIUM EARTH GRAY 1 PQ EXT COLOR: RACE RED 2 STEP FOLD -DOWN BED STEP $349.00 $698.00 OPTION: SYNC COMMUNICATIONS & ENTERTAINMENT SYSTEM: ADD $346.75 1 accept the terms and conditions of this quotation. Accepted By: Sub -Total $42,067.90 Printed Name: DATE: Terms: Tax 1) TAG & TAXES NOT INCLUDED UNLESS ITEMIZED ON QUOTE. Total 2) ALL FLEET REBATES & INCENTIVES INCLUDED IN TOTAL PRICE. 3) PURCHASE ORDER REQUIRED TO ORDER VEHICLE 4) BALANCE DUE AT TIME OF DELIVERY UNLESS PREVIOUS ARRANGEMENTS ARE MADE. Dealer Thank you for the opportunity to be of service. $42,067.90 sd nTity Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Linda Jones Finance Director SUBJECT: Revenue Anticipation Note (RAN) Financing of CIP Projects DATE: October 6, 2017 BACKGROUND: The City of Owasso and its trust authorities have utilized RAN financing several times in the past. First used in 1998 for the financing of the Elm Creek Sewer Interceptor project, RAN financing was utilized most recently for the purchase of police vehicles in 2015. As has been discussed with Council on multiple occasions, currently authorized Capital Improvement Projects (CIP) will require over six years of sales tax revenues to fund. To enable the City to advance the progress of approved CIP projects without delay, staff recommends utilization of a RAN construction loan of up to $7 million to be paid over a seven -year period at an interest rate of 2% of the outstanding loan balance. Cities are prohibited by the Oklahoma constitution from incurring debt unless the debt can be paid from current fiscal year revenues. Meaning, there must be a budget or an appropriation for any debt or expenditure of the city. In order to provide financing for municipal functions, Title 60 of the Oklahoma Statutes provides for the creation of Public Trusts. The OPWA, the OPGA and the OEDA are public trusts created by the City of Owasso. A public trust may provide financing arrangements for any public purpose of the city which is the beneficiary of the trust. Unlike cities, the public trust may go into debt with approval of the Trustees and the City Council. With the RAN financing, the public trust, the OPWA, issues a Revenue Anticipation Note. The City invests in the interest bearing Note. The OPWA becomes indebted which must be approved by both the Council and the Trustees of the OPWA. Per the resolution to be approved by the Trustees, the OPWA transfers the proceeds of the Note to the Capital Improvements Fund of the City. Funding is then available for appropriation for the approved capital projects. The OPWA will be responsible for making debt service payments to the City annually for seven years beginning on June 30, 2018 until paid in full. The documents are specific that the note is an obligation of the OPWA solely from the revenues of the authority. However, there is an expectation that the proposed budgets for future fiscal years will include appropriations for the transfer of funds to the OPWA to cover debt service payments from the Capital Improvements Fund as needed to repay the $7 million obligation plus accrued interest at a rate of 2 %. This is an expectation only, there is no pledge or commitment or legal obligation of future revenues by the City. OWASSO RAN HISTORY: Owasso has used RAN financing in the past for these purposes. • 1998 Elm Creek Sewer Interceptor 2004 Bond Defeasonce • 2004 CIP projects • 2005 OPGA golf cars • 2007 Garnett Regional Detention facility • 2015 Police vehicles REFERENCES AND ATTACHMENTS: Oklahoma Municipal League Institute for New Municipal Officials - Institute Manual What Is the Debt Limitation? Pages 2 -B -2 through 2 -B -4 Debt is a legally enforceable obligation to pay. Oklahoma Statutes, Title 11. Cities and Towns. 11 -17 -101 -B Appropriation of Monies The city may invest in a Note issued by a public trust of the city. Oklahoma Statutes, Title 60. Property. 60 -176 -A Trusts for Benefit of State, County or Municipality Public trusts may be created to provide financing for any function of the city. Oklahoma Statutes, Title 62. Public Finance. 62- 348.1 -A.5 Authorized Investments The city treasurer may invest in revenue anticipation notes of a trust authority of the city. What Is the.Debt Limitation? r A municipality may not incur a debt unless the debt can be paid from revenues provided for the fiscal year in which the debt is incurred. The fiscal year begins July 1" unless the municipality has taken action to change its fiscal year. OK Const. Art. 10, § 28. What is a debt? It is a legally enforceable obligation to pay. The debt is incurred at the time the obligation is incurred - not the time the payment is due. The constitutional limitation: A municipality must actually fund all of its expenditures for a fiscal year out of the income and revenues of that Fiscal yLar. • A municipality may not use funds from the current fiscal year to pay last year's debt. • A municipality may not pledge, obligate or use next year's funds to pay the current year's debt. • A municipality may not obligate itself to pay debts in excess of the income C and revenue provided in the current fiscal year for the purpose of the debt. -- Unless a 3 /5ths majority of a vote of the people approves an obligation for the sl2ecific purnose of the debt. The vote authorizes the issuance of general obligation bonds to be paid from property tax. Therefore, a prohibited debt is a failure to fund a contract or claim at the time the municipality incurs the obligation by the use of income and revenues provided from the contemporaneous fiscal year. Income and Revenue Provided: How do we know what has been provided? The Oklahoma Supreme Court says to look at the appropriation, i.e., the municipal budget. • Appropriation is a legislative act that determines how funds may be spent. • The budget shows: a) Whether the municipality has provided funding: where is it In the budget? b) How much: is there enough for the specific obligation? c) What purpose: does the municipality intend to spend funds for this type of obligation? 2 -B -2 How it works: A debt is "funded" only if the budget contains an appropriation for the specific purposes of the debt. • This does not mean that the municipality does not have the money. It means that the obligation exceeds the appropriation provided by the governing body in the budget for the specific claim. • A creditor does not look at the amount of money the municipality has in the bank or even the total budget. It looks at the specific budget item that funds thedebt.. It does not matter if there are unobligated funds in other parts of the budget. In the absence of available funds in the portion of the budget meant to fund the specific debt, it is an invalid claim because of the "absence of funds" for that purpose. • A claimant cannot cure a funding defect by raiding other appropriations made for other purposes. It is the lack of specific funding for that purpose that creates the violation of Article 10; § 26. The orohibited debt is not enforceable. If a creditor cannot prove that his claim was funded by an unexhausted appropriation, he has no remedy against the municipality. • The Oklahoma Supreme Court has said that one who does business with a municipality is charged with knowledge of its limitations and ignores them at his peril. State law requires a person suing a municipality on a contract to present evidence that there was an unencumbered appropriation in the municipal budget to fund the contract in order for the court to attain jurisdiction to hear the lawsuit. 62 O.S. § 362 -363. The courts do not enforce moral obligations • If It's not a legal obligation, the municipality has no authority to agree to pay the unfunded debt. Therefore, the municipality must monitor its appropriations and the funds it actually receives in its bank account. If, however, the municipality had a sufficient unencumbered appropriation for the purpose of the debt at the time it was incurred but later experienced a revenue failure, the creditor can sue to collect on the debt and receive payment of the judgment through the sinking fund. Payments after June 3 om State law provides a method for a municipality that has a surplus at the end of its ( fiscal year to pay for obligations it incurred before that date. However, the RIM municipality may not create any new debts chargeable to the funds received during the expired fiscal year. See, 62 O.S. § 310.4. Claimants have until September 30 to submit their claims for unpaid obligations incurred by a municipality on or before June 30. This 90 -day window is for the sole purpose of actually paying an obligation that was validly appropriated during the fiscal year. The municipality is required to publish notice in the month of July that such claims must be submitted on or before September 30a'. . After September 30 h, the claims are forever barred and are not enforceable. PIM 1.30k1ahoma Statutes Citationized 'Title 11. Cities and Towns t5lChapter 1 - Oklahoma Municipal Code Article Article XVII - Municipal Finances C1Section 17 -101 -Appropriation of Moneys Cite as: O.S. u, A. Any act of a municipal governing body which provides for the borrowing of monies or for appropriating monies shall not be valid unless a majority of the governing body of the municipality votes in favor of the action. The municipal governing body may not appropriate or draw any order on the treasurer for monies unless the same has been appropriated in the manner provided by law or ordered in pursuance of some object provided for by law. B. A municipality may invest its funds in any bond, note, or other evidence of indebtedness issued by those agencies, authorities, instrumentalities, or public entities whose governing boards are appointed by the municipality or issued by any public trust of which it is sole beneficiary, excluding obligations which are industrial development bonds as defined in the provisions of Section 103 of the Internal Revenue Code of 1953, as amended, and regulations promulgated thereto. C. If a municipality has established a system for the separate accounting of monies by fund sources that has been certified by the auditor of the municipality, the treasurer of such municipality acting as an officer of the municipality or as agent of any instrumentality or public trust of the municipality may deposit into one or more accounts of an authorized depository all monies coming into his custody. Unless otherwise provided for by law, interest earnings shall be prorated according to fund source. Historical Data Laws 1977, HB 1101, c. 266, ,3 17 -101, eff. July 1, 1978; Amended by Laws 1984, HB 1669, c. 126, a 32, eff. November 1, 1984. tlOkiahorria Statutes Citationized tWitle 60. Property Chapter 4 - Uses and Trusts Cfgfrusts for Furtherance of Public Functions C1Section 176 - Trusts for Benefit of State, County or Municipality - Approval - Expenditures - Bylaws - Amendments - Indebtedness - Bonds - Contracts Cite as: 60 O.S. § 176 (OSCN 2017), Trusts for Furtherance of Public Functions A. Express trusts may be created to issue obligations, enter into financing arrangements including, but not limited to, lease - leaseback, sale - leaseback, interest rate swaps and other similar transactions and to provide funds for the furtherance and accomplishment of any authorized and proper public function or purpose of the state or of any county or municipality or any and all combinations thereof, in real or personal property, or either or both, or in any estate or interest in either or both, with the state or any county or municipality or any and all combinations thereof, as the beneficiary thereof by: 1. The express approval of the Legislature and the Governor if the State of Oklahoma is the beneficiary; 2. The express approval of two- thirds (2/3) of the membership of the governing body of the beneficiary if a county is a beneficiary; 3. The express approval of two- thirds (2/3) of the membership of the governing body of the beneficiary if a municipality is a beneficiary; or 4. The express approval of two- thirds (2/3) of the membership of the governing body of each beneficiary in the event a trust has more than one beneficiary; provided, that no funds of a beneficiary derived from sources other than the trust property, or the operation thereof, shall be charged with or expended for the execution of the trust, except by express action of the legislative authority of the beneficiary prior to the charging or expending of the funds. The officers or any other governmental agencies or authorities having the custody, management, or control of any property, real or personal or mixed, of the beneficiary of the trust, or of a proposed trust, which property shall be needful for the execution of the trust purposes, are authorized and empowered to lease the property for those purposes, after the acceptance of the beneficial interest therein by the beneficiary as hereinafter provided. B. Any trust created pursuant to the provisions of this section, in whole or in part, may engage in activities outside of the geographic boundaries of its beneficiary, so long as the activity provides a benefit to a large class of the public within the beneficiary's geographic area or lessens the burdens of government of the beneficiary and which does not solely provide a benefit by generating administrative fees. C. A municipality may convey title to real property which is used for an airport to the trustees of an industrial development authority trust whose beneficiary is the municipality. The industrial development authority trust must already have the custody, management, or control of the real property. The conveyance must be approved by a majority of the governing body of the municipality. A conveyance pursuant to this section may be made only for the sole purpose of allowing the authority to sell the property for fair market value when the property is to be used for industrial development purposes. Conveyances made pursuant to this subsection shall be made subject to any existing reversionary interest or other restrictions burdening the property and subject to any reversionary interest or other restriction considered prudent by the municipality. D. The trustees of a public trust having the State of Oklahoma as beneficiary shall make and adopt bylaws for the due and orderly administration and regulation of the affairs of the public trust. All bylaws of a public trust having the State of Oklahoma as beneficiary shall be submitted in writing to the Governor of the State of Oklahoma. The Governor must approve the proposed bylaws before they take effect. E. No public trust in which the State of Oklahoma is the beneficiary may be amended without a two- thirds (213) vote of approval of the trustees of the trust; provided, that any amendment is subject to the approval of the Governor of the State of Oklahoma. Any amendments shall be sent to the Governor within fifteen (15) days of their adoption. F. No trust in which a county or municipality is the beneficiary shall hereafter create an indebtedness or obligation until the indebtedness or obligation has been approved by a two- thirds (2/3) vote of the governing body of the beneficiary. In the event a trust has more than one beneficiary, as authorized by this section, the trust shall not incur an indebtedness or obligation until the indebtedness or obligation has been approved by a two- thirds (2/3) vote of the governing body of two- thirds (2/3) of the beneficiaries of the trust. Provided, however, a municipality with a governing body consisting of fewer than seven (7) members shall be required to approve the creation of an indebtedness or obligation under this subsection by a three -fifths (3/5) vote of the governing body. G. All bonds described in subsection F of this section, after December 1, 1976, except bonds sold to the federal government or any agency thereof or to any agency of the State of Oklahoma, shall be awarded to the lowest and best bidder based upon open competitive public offering, advertised at least once a week for two (2) successive weeks in a newspaper of general circulation in the county where the principal office of the trust is located prior to the date on which bids are received and opened; provided, competitive bidding may be waived on bond issues with the approval of three - fourths (3/4) of the trustees, and a three - fourths (3/4) vote of the governing body of the beneficiary, unless the beneficiary is a county in which case a two- thirds (2/3) vote of the members of the governing body shall be required, or three - fourths (3/4) vote of the governing bodies of each of the beneficiaries of the trust, unless one of the beneficiaries is a county in which case a two- thirds (2/3) vote of the members of the governing body of such county shall be required. No bonds shall be sold for less than par value, except upon approval of three - fourths (3/4) of the trustees, unless the beneficiary is a county in which case a two- thirds (2/3) vote of the members of the governing body shall be required. In no event shall bonds be sold for less than sixty -five percent (65 %) of par value; provided, however, in no event shall the original purchaser from the issuer of any bonds issued by any public trust for any purpose receive directly or indirectly any fees, compensation, or other remuneration in excess of four percent (4 %) of the price paid for the bonds by the purchaser of the bonds from the original purchaser; and further provided, that the average coupon rate thereon shall in no event exceed fourteen percent (14 %) per annum. No public trust shall sell bonds for less than ninety -six percent (96 %) of par value until the public trust has received from the underwriter or financial advisor or, in the absence of an underwriter or financial advisor, the initial purchaser of the bonds, an estimated alternative financing structure or structures showing the estimated total interest and principal cost of each alternative. At least one alternative financing structure shall include bonds sold to the public at par. Any estimates shall be considered a public record of the public trust. Bonds, notes or other evidences of indebtedness issued by any public trust shall be eligible for purchase by any state banking association or corporation subject to such limitations as to investment quality as may be imposed by regulations, rules or rulings of the State Banking Commissioner. H. Public trusts created pursuant to this section shall file annually, with their respective beneficiaries, copies of financial documents and reports sufficient to demonstrate the fiscal activity of such trust, including, but not limited to, budgets, financial reports, bond indentures, and audits. Amendments to the adopted budget shall be approved by the trustees of the public trust and recorded as such in the official minutes of such trust. I. Contracts for construction, labor, equipment, material or repairs in excess of Fifty Thousand Dollars ($50,000.00) shall be awarded by public trusts to the lowest and best competitive bidder, pursuant to public invitation to bid, which shall be published in the manner provided in the preceding section hereof; the advertisements shall appear in the county where the work, or the major part of it, is to be done, or the equipment or materials are to be delivered, or the services are to be rendered; provided, however, should the trustee or the trustees find that an immediate emergency exists, which findings shall be entered in the journal of the trust proceedings, by reason of which an immediate outlay of trust funds in an amount exceeding Seventy -five Thousand Dollars ($75,000.00) is necessary in order to avoid loss of life, substantial damage to property, or damage to the public peace or safety, then the contracts may be made and entered into without public notice or competitive bids; provided that the provisions of this subsection shall not apply to contracts of industrial and cultural trusts. Notwithstanding the provisions of this subsection, equipment or materials may be purchased by a public trust directly from any contract duly awarded by this state or any state agency under The Oklahoma Central Purchasing Act, or from any contract duly awarded by a governmental entity which is the beneficiary of the public trust. J. Any public trust created pursuant to the provisions of this section shall have the power to acquire lands by use of eminent domain in the same manner and according to the procedures provided for in Sections 51 through 65 of Title 66 of the Oklahoma Statutes. Any exercise of the power of eminent domain by a public trust pursuant to the provisions of this section shall be limited to the furtherance of public purpose projects involving revenue - producing utility projects of which the public trust retains ownership; provided, for public trusts in which the State of Oklahoma is the beneficiary the exercise of the power of eminent domain may also be used for public purpose projects involving air transportation. Revenue - producing utility projects shall be limited to projects for the transportation, delivery, treatment, or furnishing of water for domestic purposes or for power, including, but not limited to, the construction of lakes, pipelines, and water treatment plants or for projects for rail transportation. Any public trust formed pursuant to this section which has a county as its beneficiary shall have the power to acquire, by use of eminent domain, any lands located either inside the county, or contiguous to the county pursuant to the limitations imposed pursuant to this section. K. Provisions of this section shall not apply to entities created under Sections 1324.1 through 1324.26 of Title 82 of the Oklahoma Statutes. L. Any trust created under this act, in whole or in part, to operate, administer or oversee any county jail facility shall consist of not less than five members and include a county commissioner and the county sheriff, or their designee, and one member appointed by each of the county commissioners. The appointed members shall not be elected officials. Historical Data Laws 1951, SB 24, c. 4, p. 166, § 1, emerg. eff. May 26,1951; Amended by Laws 1953, SB 351, c. 4, p. 277, § 1, emerg. eff. May 7,1953; Amended by Laws 1970, HB 1461, c. 319, § 1; Amended by Laws 1976, HB 1651, c. 222, § 1, eff. December 1, 1976; Amended by Laws 1980, SB 147, c. 12, § 1, emerg. eff. March 18, 1980; Amended by Laws 1987, HB 1071, c. 144, § 1, emerg. eff. June 24,1987; Amended by Laws 1988, SB 498, c. 111, § 1, emerg. eff. Apri14, 1988; Amended by Laws 1988, 3rd Extr. Sess., c. 2, § 1, emerg. eff. September 9, 1988; Amended by Laws 1990, HB 1496, c. 269, § 1, emerg. eff. May 25, 1990; Amended by Laws 1991, 1st Extr. Sess., HB 1001, c. 1, § 3, emerg. eff. January 18, 1991; Amended by Laws 1991, SB 220, c. 94, § 1 (repealed by Laws 1991, HB 1762, c. 335, § 37, emerg. eff. June 15, 1991); Amended by Laws 1991, HB 1549, c. 124, § 32; Amended by Laws 1991, HB 1762, c. 335, § 18, emerg. eff. June 15, 1991; Amended by Laws 1992, HB 2102, c. 371, § 5, emerg. eff. July 1, 1992; Amended by Laws 1996, HB 1989, c. 133, § 1, eff. November 1, 1996 (repealed by Laws 1996, SB 1320, c. 288, § 9, eff. November 1, 1996); Amended by Laws 1996, SB 757, c. 148, § 1; Amended by Laws 1996, SB 1320, c. 288, § 4, emerg. eff. July 1, 1996; Amended by Laws 1998, SB 1113, c. 173, § 1, eff. November 1, 1998 (superseded document available); Amended by Laws 1999, SB 694, c. 149, § 1, emerg. eff. July 1, 1999 (superseded document available); Amended by Laws 2002, SB 1527, c. 33, § 1, emerg, eff. April 10, 2002 (repealed by Laws 2003, HB 1816, c. 3, § 55, emerg. eff. March 19, 2003); Amended by Laws 2002, HB 2056, c. 39, § 1, eff. November 1, 2002 (superseded document available); Amended by Laws 2003, HB 1816, c. 3, § 54, emerg. eff. March 19, 2003 (repealed by Laws 2004, HB 2725, c. 5, § 49, emerg. eff. March 1, 2004); Amended by Laws 2003, SB 534, c. 184, § 5, eff. November 1, 2003 (superseded document available); Amended by Laws 2004, HB 2725, c. 5, § 48, emerg. eff. March 1, 2004 (superseded document available); Amended by Laws 2010, HB 3313, c. 98, § 1, eff. November 1, 2010 (superseded document available); Amended by Laws 2016, SB 154, c. 12, § 1 (repealed by 2017, SB 833, c. 42, § 23) ; Amended by Laws 2016, SB 1149, c. 233, § 3 (superseded document available); Amended by Laws 2016, SB 1011, c. 142, § 1, eff. November 1, 2016 (repealed by Laws 2017, SB 833, c. 42, § 24 ) (superseded document available); Amended by Laws 2017, SB 833, c. 42, § 22 (superseded document available). ENOklahoma Statutes Citationized '-YTitle 62. Public Finance 'Chapter 2 - Provisions Applicable to Subdivisions of the State investment of Funds C]Section 348.1 - Authorized Investments - Disposition of Income Cite as: O.S. §, _ A. Except as otherwise provided for by law, a county treasurer, when authorized by the board of county commissioners by a written investment policy, ordinance or resolution or the treasurer of any city or town, when authorized by the appropriate governing body by a written investment policy, ordinance or resolution, shall invest monies in the custody of the treasurer in: 1. Direct obligations of the United States Government, its agencies or instrumentalities to the payment of which the full faith and credit of the Government of the United States is pledged, or obligations to the payment of which the full faith and credit of this state is pledged; 2. Collateralized or insured certificates of deposits of savings and loan associations, banks, savings banks and credit unions located in this state, when the certificates of deposit are secured by acceptable collateral as provided by law, or fully insured certificates of deposit at banks, savings banks, savings and loan associations and credit unions located out of state; 3. Savings accounts or savings certificates of savings and loan associations, banks, and credit unions, to the extent that the accounts or certificates are fully insured by the Federal Deposit Insurance Corporation; 4. Investments as authorized by Section 348.3 of this title which are fully collateralized in investments specified in paragraphs 1 through 3 of this section, and where the collateral has been deposited with a trustee or custodian bank in an irrevocable trust or escrow account established for such purposes; or 5. County, municipal or school district direct debt obligation for which an ad valorem tax may be levied or bond and revenue anticipation notes, money judgments against such county, municipality or school district ordered by a court of record or bonds or bond and revenue anticipation notes issued by a public trust for which such county, municipality or school district is a beneficiary thereof. All collateral pledged to secure public funds shall be valued at no more than market value. The income received from that investment may be placed in the general fund of the governmental subdivision to be used for general governmental operations, the sinking fund, the building fund, or the fund from which the investment was made. B. The provisions of this section shall not apply to investments made by organizations of municipalities created for the purpose of securing benefits and services relating to insurance for Oklahoma municipalities or other political subdivisions. Historical Data Laws 1943, HB 79, p. 144, § 1, emerg. eff. February 26,1943; Amended by Laws 1955, HB 574, p. 347, § 1, emerg. eff. February 8, 1955; Amended by Laws 1955, HB 810, p. 347, § 1, emerg. eff. May 23,1955; Amended by Laws 1963, HB 824, c. 49, § 1, emerg. eff. May 2,1963; Amended by Laws 1967, HB 892, c. 356, § 1, emerg. eff. May 18, 1967; Amended by Laws 1970, HB 1701, c. 310, § 1, emerg, eff. April 23, 1970; Amended by Laws 1971, HB 1335, c. 69, § 1, emerg. eff. April 12,1971; Amended by Laws 1974, HE 1223, c. 120, § 1, emerg. eff. May 1, 1974; Amended by Laws 1983, HB 1350, c. 141, § 1, emerg. eff. May 23, 1983; Amended by Laws 1984, HB 1458, c. 12, § 1, eff. November 1, 1984; Amended by Laws 1988, SB 537, c. 319, § 13, eff. September 30,1988; Amended by Laws 1991, HB 1549, c. 124, § 20, emerg. eff. July 1, 1991; Amended by Laws 1992, HB 2101, c. 211, § 10, emerg. eff. July 1, 1992; Amended by Laws 1999, HB 1251, c. 327. § 3, emerg. eff. July 1, 1999 (superseded document available); Amended by Laws 2013, SB 738, c. 51, § 1, eff. November 1, 2013 (superseded document available); Amended by Laws 2014, SB 1511, c. 43, § 1, eff. November 1, 2014 (superseded document available). Monthly 3% Sales Tax Comparisons $2,500,000 --- -----0 $2,000,000 $1,500,000 $1,000,000 $500,000 S Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 1 — FY 2018 - -b - -- 3% Budget --� —Lest Year $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 Year -to -Date 3% Sales Tax Totals Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun �- --F—AClual --- e-- •BUtlget ---k —Last Vear City of Owasso Monthly 3% Sales Tax Revenues Last Five Fiscal Years 2017 -2018 2016 -2017 2015 -2016 2014 -2015 2013 -2014 Jul $ 2,117,865 $ 2,108,777 $ 2,073,553 $ 1,865,194 $ 1,704,985 Aug 2,100,696 2,014,531 1,973,796 1,820,788 1,678,483 Sep 1,988,923 1,963,590 1,978,203 1,832,861 1,617,952 Oct 1,978,478 1,965,220 2,011,595 1,896,451 1,677,145 Nov 1,968,688 1,851,194 1,808,171 1,612,339 Dec - 1,922,362 2,166,025 1,862,936 1,748,989 Jan - 2,277,666 2,228,743 2,125,525 2,073,564 Feb - 2,141,203 2,246,904 2,004,466 1,990,104 Mar - 1,806,429 1,762,488 1,780,454 1,544,058 Apr - 1,898,005 2,044,284 1,781,713 1,696,815 May - 2,090,858 2,041,458 1,950,586 1,813,883 Jun - 2,012,318 1,936,362 1,998,314 1,864,533 $ 8,185,962 $ 24,169,648 $ 24,314,606 $_22,727,460 $ 21,022,850 Note: Estimated current month collections. Actual breakdown by fund not yet available City of Owasso 3% Sales Tax Report Budget to Actual Comparison October 6, 2017 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 2017 -18 Actual Collections Amount Percent $ 2,117,865 8.7% 2,100,696 8.6% 1,988,923 8.2% 1,978,478 8.1% 2017 -18 $ 8,185,962 315% $ 8,097,169 Budget Projections Over (Under) Projection Amount Percent Amount Percent $ 2,104,822 8.6% $ 13,043 0.6% 2,007,187 8.2% 93,509 4.7% 1,983,768 8.1% 5,155 0.3% 2,001,392 8.2% (22,914) -1.1% Totals $ 8,185,962 315% $ 8,097,169 33.2% $ 88,793 1.1% Note: Estimated current month collections. Actual breakdown by fund not yet available. City of Owasso 3% Sales Tax Report Two Year Comparison October 6, 2017 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 2017 -18* 2016 -17 Percent Amount of Actual $ 2,108,777 8.7% 2,014,531 8.3% 1,963,590 8.1% 1,965,220 8.1% Increase or (Decrease) Amount Percent Amount of Budget 0.4% $ 2,117,865 8.7% 2,100,696 8.6% 1,988,923 8.2% 1,978,478 8.1% 2016 -17 Percent Amount of Actual $ 2,108,777 8.7% 2,014,531 8.3% 1,963,590 8.1% 1,965,220 8.1% Increase or (Decrease) Amount Percent $ 9,088 0.4% 86,165 4.3% 25,334 1.3% 13,258 0.7% Totals $ 8,185,962 33.5% $ 8,052,118 33.3% $ 133,845 1.7% *Estimated current month collections. Actual breakdown by fund not yet available. Note: Fiscal Year 2018 Sales Tax Budget is $24.400 million; FY'17 actual was $24.168 million. City of Owasso Half -Penny Sales Tax Report Budget to Actual Comparison October 6, 2017 Note: Estimated current month collections. Actual breakdown by fund not yet available 2017 -18 2017 -18 Actual Collections Budget Projections Over (Under) Projection Amount Percent Amount Percent Amount Percent Jul $ 352,452 8.7% $ 350,810 8.6% $ 1,642 0.5% Aug 350,189 8.6% 334,537 8.2% 15,652 4.7% Sep 331,767 8.2% 330,634 8.1% 1,133 0.3% Oct 329,746 8.1% 333,571 8.2% (3,825) -1.1% Nov Dec Jan Feb Mar Apr May Jun Totals $ 1,364,155 33.5% $1,349,552 33.2% $ 14,603 1.1% Note: Estimated current month collections. Actual breakdown by fund not yet available City of Owasso -- Vision Sales Tax Report Budget to Actual Comparison October 6, 2017 2017 -18 2017 -18 Actual Collections Budget Projections Over (Under) Projection Amount Percent Amount Percent Amount Percent Jul $ 387,166 8.7% $ 385,891 8.6% $ 1,275 0.3% Aug 382,890 8.6% 367,991 8.2% 14,899 4.0% Sep 364,712 8.2% 363,697 8.1% 1,015 0.3% Oct 362,721 8.1% 366,929 8.2% (4,208) -1.1% Nov Dec Jan Feb Mar Apr May Jun Totals $ 1,497,489 33.5% $ 1,484,508 332% $ 12,981 0.9% Note: Estimated current month collections. Actual breakdown by fund not yet available. City of Owasso Monthly Use Tax Revenues Last Five Fiscal Years 2017 -2018 2016 -2017 2015 -2016 2014 -2015 2013 -2014 Jul $ 131,532 $ 82,565 $ 72,360 $ 50,298 $ 78,705 Aug 115,912 86,552 96,428 56,646 105,903 Sep 126,135 87,371 122,962 61,204 69,079 Oct 146,402 86,713 106,846 86,146 103,683 Nov 80,855 91,876 89,434 64,434 Dec 84,107 113,941 89,482 86,424 Jan 127,549 86,358 65,206 57,183 Feb 106,593 102,681 110,645 75,454 Mar* 99,853 61,748 87,044 50,121 Apr 101,930 78,834 56,776 55,507 may 92,867 75,895 63,674 Jun* ** 114,846 96,434 98,093 42,884 $ 519,980 $1,182,051 $ 1,123,335_ $ 926,869 $ 853,050 *Increase in sales tax rate from 3.5% to 4.05% March 2017 * *Increase in sales tax revenue from taxation of internet sales beginning May 2017 ** *Increase in sales tax rate from 3% to 3.5% June 2015