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HomeMy WebLinkAbout2021 10_Amendment to the Policy Guide for the TIF DistrictCITY OF OWASSO RESOLUTION 2021.10 A RESOLUTION OF THE CITY OF OWASSO, OKLAHOMA, APPROVING AN AMENDMENT TO THE POLICY GUIDE FOR IMPLEMENTATION OF THE OWASSO REDBUD DISTRICT PROJECT PLAN AND INCREMENT DISTRICT NO. 1, CITY OF OWASSO WHEREAS, the City of Owasso, Oklahoma ( "City "), pursuant to the Oklahoma Local Development Act, 62 O.S. §850, et seq. ( "Act "), adopted Ordinance 1093, effective December 20, 2016, approving the Owasso Redbud District Project Plan ( "Project Plan ") and establishing Increment District No. 1, City of Owasso, a sales tax and ad valorem increment district ( "Increment Dist(ct "); and WHEREAS, the purpose of the Project Plan is to help the City achieve its development objectives by authorizing the appropriate and necessary public support and assistance for the development and enhancement of the area surrounding Main Street, known as the Redbud District ( "Project Area "), as a special and unique place within Owasso, a place to live, work, shop, and play; and WHEREAS, the Project Plan supports the City's efforts to achieve its development objectives, improve the quality of life for its citizens, stimulate private investment, and enhance the tax base, thereby making possible investment that would be difficult without the adoption of the Project Plan and the apportionment of incremental ad valorem and sales tax revenues; and WHEREAS, the Project Plan authorizes the allocation of incremental revenues to an apportionment fund to be used to pay authorized Project Costs, including public infrastructure, facilities, and improvements, and assistance in development financing; and WHEREAS, in order to provide guidance regarding the allocation of assistance in development financing authorized by the Project Plan, the City approved Resolution 2017 -01 on April 4, 2017, adopting the Policy Guide for the implementation of the Project Plan and Increment District No. 1; and WHEREAS, the Policy Guide details the procedures and requirements for providing assistance in development financing through three categories of such assistance, including Development Project Assistance, Small Business Enhancements, and Employment generation Assistance (all as defined in the Policy Guide); and WHEREAS, the Policy Guide explains that financial assistance under the Development Project Assistance category may be available at varying levels for projects, depending on the amount of construction costs, based on the date of completion of such projects; and WHEREAS, the Policy Guide in Section III(A) (5) specifically states the following: 1. For projects completed by June 30, 2021, the maximum amount of assistance in development financing that a developer may receive is 12% of hard costs of construction of improvements on such developer's property. 2. For projects completed between July 1, 2021 and June 30, 2025, the maximum amount of assistance in development financing that a developer may receive is 10% of hard costs of construction of improvements on such developer's property. 1 3. For projects completed between July 1, 2025 and June 30, 2029, the amount of assistance in development financing that a developer may receive is 8% of hard costs of construction of improvements on such developer's property. 4. For projects completed after June 30, 2029 through the end of the life of Increment District No. 1, the amount of assistance in development financing that a developer may receive is 6% of hard costs of construction of improvements on such developer's property. WHEREAS, many developers within the Project Area have experienced delays due to the public health emergency posed by the spread of COVID -19 throughout Oklahoma and the countermeasures and restrictions put in place in order to manage that emergency; and WHEREAS, the construction of Redbud Festival Park within the Project Area has also contributed to delays in development projects immediately surrounding it; and WHEREAS, it is appropriate to extend the dates of completion of construction relevant to Development Project Assistance in Section III(A)(5) of the Policy Guide to account for these delays and to promote the continued implementation of the Project Plan and development within the Project Area. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OWASSO, THAT: Section One: Section III (A) (5) of the Policy Guide is hereby amended to read as follows: For projects completed by June 30, 2023, the maximum amount of assistance in development financing that the developer may receive is 12% of hard costs of the construction of improvements on the developer's property. For projects completed between July 1, 2021 and June 30, 2025, the maximum amount of assistance in development financing that the developer may receive is 10% of hard costs of the construction of improvements on the developer's property. For projects completed between July 1, 2025 and June 30, 2029, the maximum amount of assistance in development financing that the developer may receive is 8% of hard costs of the construction of improvements on the developer's property. For projects completed after June 30, 2029 through the end of the life of the Increment District, the maximum amount of assistance in development financing that the developer may receive is 6% of hard costs of the construction of improvements on the developer's property. The issuance of a Certificate of Occupancy by the City shall determine project completion. Project June 30, 2023 June 30, 2025 June 30, 2029 End of Completion Increment District Percentage of 12% 10% 8% 67o Construction Costs Section Two: City staff is further directed to utilize the Policy Guide as hereby amended for the implementation of the Project Plan and Increment District No. 1. Section Three: Except as amended by this Resolution, the Policy Guide and the authorizations and directions made by Resolution 2017 -01 are ratified and confirmed. Section Four: City staff is hereby authorized to take such actions as may be necessary or appropriate, including making minor amendments and revisions to the Policy Guide, as amended by this Resolution, applications, and forms for administrative purposes, to implement this approval and the provisions of the Policy Guide, as amended. APPROVED AS TO FORM: bardi, City Attorney PASSED AND APPROVED this 15th day of June, 2021. Bill Bush, Mayor 3 TO: The Honorable Mayor and City Council FROM: Chelsea Levo Feary, CEcD Director of Economic Development APPROVED BY COUNCIL JUN 15 2021 SUBJECT: Resolution 2021 -10, Amendment to Owasso Tax Increment Financing District No. 1 Policy Guide DATE: June 11, 2021 BACKGROUND: On April 4, 2017, the Owasso City Council approved Resolution 2017 -01, approving the Policy Guide for the implementation of the Owasso Redbud District Project Plan and District No. 1 and the formula for determining the sales tax increments generated from the Increment District. The purpose of the Project Plan is to help the City achieve development objectives by authorizing the appropriate and necessary public support and assistance for development while enhancing the area. Development areas qualified to utilize TIF are by definition, "unproductive, undeveloped, underdeveloped, or blighted." Owasso's downtown area met this definition. City Council's action to implement the Redbud District Project Plan and Increment District No. 1 was instrumental in launching the area toward redeveloping and revitalizing Owasso's downtown. Since approval of the Tax Increment Finance (TIF), two local developers have invested over $16 million, existing businesses have experienced increased revenues, and the City constructed a $2.3 million festival park creating a space for events, gatherings, recreation, and more. In the past eighteen (18) months, interest in development in the Redbud District has decelerated. Due to the public health emergency posed by the spread of COVID -19 throughout Oklahoma and the countermeasures and restrictions put in place to manage that emergency, developers, and development projects have experienced delays. Additionally, the construction of Redbud Festival Park has also contributed to those delays in development projects. PROPOSED RESOLUTION FOR AMENDING THE PROJECT PLAN: In the interest of continuing to attract development projects in Owasso's Redbud District, it would be consistent with the purpose and objectives of the Owasso Redbud District Project Plan to extend the dates of completion of construction relevant to Development Project Assistance in Section III(A)(5) of the Policy Guide by a period of two (2) years to account for these delays and to promote the continued implementation of the Project Plan and development within the Project Area. Section Four of Resolution 2017 -01, approving the project plan, granted City staff authority to take necessary or appropriate actions, including minor amendments and revisions to the Policy Guide for City Council approval. The two -year extensions are proposed in the attached Resolution. For projects completed by June 30, 2023, (currently June 30, 2021,) the maximum amount of assistance in development financing that the developer may receive is 12% of hard costs of the construction of improvements on the developer's property. For projects completed between July 1, 2023 (currently July 1, 2021) and June 30, 2027, (currently June 30, 2025) the maximum amount of Amendment TIF Page 2 assistance in development financing that the developer may receive is 10% of hard costs of the construction of improvements on the developer's property. For projects completed between July 1, 2027, (currently July 1, 2025) and June 30, 2031, (currently June 30, 2029) the maximum amount of assistance in development financing that the developer may receive is 8% of hard costs of the construction of improvements on the developer's property. For projects completed after June 30, 2031, (currently June 30, 2029) through the end of the life of the Increment District, the maximum amount of assistance in development financing that the developer may receive is 6% of hard costs of the construction of improvements on the developer's property. The issuance of a Certificate of Occupancy by the City shall determine project completion. Project Completion 30L 202o 21 i,in 30L 2025 June 30, 2027 30L 2929 End of Increment District June 30, 2023 June 30, 2031 Percentage of Construction Costs 12% 10% 8% 6% CENTER FOR ECONOMIC DEVELOPMENT LAW (CEDL): This amendment was presented to the City Council for discussion during the June Worksession. Based on Councilor inquiry, staff consulted with CEDL, the firm who worked with City staff to draft the legal documentation to establish Owasso's Increment District No. 1. Their recommendation for the most positive impact on development following hardships incurred by the COVID -19 pandemic is to advance all project completion dates by two years. ATTACHMENTS: Resolution 2021 -10 Resolution 2017 -01 Owasso Redbud District and Increment District No. 1 Policy Guide