HomeMy WebLinkAbout2023.03.14_Worksession AgendaThis meeting Is a work session for Council/Trustee discussion only.
There is no opportunity for public comments at work session.
PUBLIC NOTICE OF THE JOINT MEETING OF THE
OWASSO CITY COUNCIL MAR 10 2023
OWASSO PUBLIC WORKS AUTHORITY (OPWA)
OWASSO PUBLIC GOLF AUTHORITY (OPGA) City Clerk's Office
Council Chambers Old Central Building 109 North Birch, Owasso, OK
Tuesday, March 14, 2023 - 6:00 PM
NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving,
AGENDA
1. Call to Order - Mayor /Chair Kelly Lewis
2. Discussion relating to the bids received for the Outdoor Warning System Replacement Project
Don Lynch
3. Discussion relating to the 2023 Wyland National Mayor's Challenge for Water Conservation
Lauren Kimbrough
4. Discussion relating to the annual review of the Owasso Utility Rate Study, Five -Year Utility Rate Plan
Carly Novozinsky
5. Discussion relating to Community Development items
Alexa Beemer /Wendy Kramer
A. Application for the 2023 Community Development Block Grant (CDBG) Program funding and
project selection
B. Request for a final plat- Villas at Stonebridge II, approximately 4.98 acres located south of East 76th
Street North and east of North 1291h East Avenue
C. Request for a planned unit development (PUD) for The Reserves at Owasso and a rezoning request
from Residential Multifamily (RM) and Commercial Shopping (CS) to Residential Multifamily (RM),
Commercial Shopping (CS), and Office (0) - approximately 51.66 acres located at the northwest
corner of the East 106th Street North and North 145th East Avenue intersection, as referenced in
applications OPUD 23 -02 and OZ 23 -02
D. Request for a planned unit development for The Vintage at Redbud - approximately 0.48 acres
located south of West 2nd Street and west of North Atlanta Street, as referenced in application
OPUD 23 -03
6. Discussion relating to a proposed Development and Financing Agreement with SAHO Properties, LLC -Tax
Increment Financing, Owasso Redbud District, Increment District No. 1, Development Project Assistance
for 401 West 2nd Avenue
Chris Garrett
Discussion relating to City /Authority Manager items
Warren Lehr
A. Public Hearings held March 7, 2023, for the proposed amendments to the City Council Ward
Boundaries and the proposed amendment to the list of projects eligible to receive funding
from the Capital Improvements Fund
B. Agreement for economic development services between the Owasso Chamber of
Commerce and the City of Owasso
C. Proposed election to recapture the expiring 55 /100ths sales tax
D. Monthly sales tax report and revenue outlook
E. City Manager report
8. City Councilor /Trustee comments and inquiries
9. Adjournment
Notice of Public Meeting filed in the office of the City -Clerk on Friday, December 9, 2022, and the Agenda
posted at City Hall, 200 South Main Street, at 1:00 pMp onjFr)gtty,,March 1 "q23.
M. Stevens, City
The City of Owasso encourages citizen participation. To request or loccommodation due to a disability, contact the City Clerk at least
48 hours prior to the scheduled meeting by phone 918- 376 -1502 or by email to istevens@citvofowosso.com
TO: The Honorable Mayor and City Council
FROM: Lauren Kimbrough
Pretreatment & Stormwater Administrator
SUBJECT: Proclamation declaring support for and encouraging participation in the
2023 Wyland National Mayor's Challenge for Water Conservation
DATE: March 10, 2023
BACKGROUND:
The City staff will present a draft Proclamation for City Council consideration that will declare
Owasso's support for and encourage participation in the 2023 Mayor's Challenge for Water
Conservation, which is a friendly contest against cities from across the nation. Residents in
participating cities are asked to take a series of online pledges that encourage water -wise
habits. The pledges encourage small changes that will make a big impact for Oklahoma water
resources. The challenge will also serve as a community involvement project in compliance with
the City of Owasso's Stormwater Permit issued by the Oklahoma Department of Environmental
Quality.
The city who has the most residents that take the pledge will win bragging rights and
participants have a chance to win over $50,000 in eco- friendly prizes for residents and area
schools. In addition, one resident in a winning city will win $3,000 towards their home utility
payments. The Public Works Department will promote the challenge throughout the month of
April by hosting a booth at community events, such as the Lawn and Garden Spring Fling and by
hosting a rain barrel sale.
PROPOSED ACTION:
This item has been placed on the March 14, 2023, City Council Worksession agenda for
discussion.
ATTACHMENTS:
Conservation Challenge Presentation
Draft Conservation Challenge Proclamation
PUBLIC WORKS
WOR'S CHALLENGE FOR
DATER CONSERVATION
April 1 - 30, 2023
12TH ANNUAL WYLAND NATIONAL MAYOR'S
CHALLENGE FOR WATER CONSERVATION
IT'S FUN, FREE AND EASY.
SIMPLY CHOOSE AN ACTION TO
TAKE ON BEHALF OF YOUR CITY
AT MYWATERPLEDGE.COM
rtr
ABOUT ThL=
CHALLENGE
There are over 1,000 mayors in 40 states that participate each _
year. The campaign challenges residents to take a series of -
simple water- saving actions for a chance to win over $50,000 in
eco- friendly prizes for residents and area schools. including
$3,000 towards Home Utility Payments. water saving fixtures,
and hundreds of other prizes.
OWASSO'S
STORMWATER
MANAGEMENT
PROGRAM
The City of Owasso Is required by DEQ to perform community involvement projects
annually as a part of our 0KRG4 Stormwater permit This contest will meet these
requirements and serve as an opportunity to educate Owasso residents about
stormwater regulations and pollution prevention.
HOW THE
CONTEST
WORKS
Public Works staff will issue a
participation statement an behalf
of Mayor Lewis.
The Owasso Public Works
Department will promote the
contest during the month of April.
April 1 -30. residents go to
and
take a 4 -step conservation pledge
on behalf of the City of0wasso.
The city with the most residents
that take the pledge in each
population category wins.
TbIW N�lpl
VVHY SHOULD OWASSO
RESIDENTS CONSERVE WATER?
Owasso water use nearly doubles each summer
due to irrigation.
Irrigation runoff can cause water pollution by
carrying contaminants like pet waste, motor oil.
fertilizers. and pesticides Into the storm drain.
ending up in the nearest creek.
Using wise irrigation practices can reduce water
pollution. save water. and reduce water bills.
In 2022 Owasso businesses and residences used
overl billion gallons ofwater.
Ifeach Owasso resident saved 2 gallons ofwater
per day. we could save 28 million gallons per
year.
Adding an irrigation system sensor
that will shut the systems off during
rain events and freezing temperatures
limits water waste and pollution
caused by runoff.
Oklahoma native plants are drought
tolerant and require less water to
thrive, incorporating them Into a
landscape could save water.
Using a rain barrel to harvest rainwater
from a gutter system allows residents
to store and water plants.
Using drip Irrigation allows water to
soak into the ground slowly. This will
minimize evaporation and nutrient
loss while allowing plants to create a
deep root base.
Adding mulch or rocks to the base of
plants and trees retains moisture.
limits weed growth. and provides a
barrier to soil erosion
Energy efficient dishwashers use 5
gallons of water per load and washing
machines use 14 gallons.
Washing only full loads of laundry and
dishes could save hundreds of gallons
of water per year for a small family and
thousands for a large family.
Turning off the faucet while you brush
your teeth could save 3 to 4 gallons of
water per person or over 4.000 gallons
per person peryear.
Shower heads use about 2 gallons of
water per minute. Cutting back your
shower time by one minute could
equal a savings of over 700 gallons per
person per year.
OBJECTIVES
• Initiate a Proclamation for the March 21st City Council Meeting
declaring support for and participation in the 2023 Wyland
National Mayor's Challenge for Water Conservation.
• Promote Water Conservation and Water Quality in support of
the City of Owasso Stormwater Management Program.
• Publicize the challenge for Owasso residents using website
postings and social media posts.
• Host a booth at the Lawn and Garden Spring Fling.
• Hand out rain .gauges w/ City of Owasso logo and remind
residents that they do not need to water if it has rained an
inch.
RAIN BARREL SALE
Harvesting rainwater has many benefits Including saving water, saving money on your hill, and
preventing erosion. Plants also love the nitrogen -rich tread By collecting rainwater,
homeowners are helping to reduce flooding and pollution In local waterways that can be
caused by stormwater runoff.
When rainwater runs off of hard surfaces like rooftops, driveways, roadways, parking lots, and
compacted lawns, It carries with it pollutants like pet waste, fertirizer. herbicides. and pesticides
that can end up In our local waterways. Owasso residents and businesses can reduce
stormwater runoff and save money by purchasing a rain barrel at a discounted rate]
CITY
OF OWASSOOKLAHOMA
WHEREAS: the City of Owasso continues to expl
and to inspire its residents to care for,
WHEREAS: cities can engage in efforts to inspin
cities, to become better environmental
WHEREAS: the 12th annual National., Mayor's
Wyland Foundation,wid supportfror,
National League of Crhes is anon
reduction and smart water `use; anW':.
WHEREAS: with the encouragement of the r;may
city's Challenge online, by maktngfsii
pollution:for the period of one yearst
water conservation strategies; and
consumption of water,
own communities, `asw,ell as their neighboring
and
Challenge Jor.`Water Conservation.' presented by the
the USED 1 WaterSense, The Toro Company, and the
wofit challenge to residents to encourage pollution
gister their participation in their
ase their water use and to reduce
cities to apply State and Federal
WHEREAS: from April 1 30;2023 the City of Owasso, wishes to inspire its residents and its neighboring
communities to tape the "Wyland Mayors''Challenge for Water Conservation" by making a
series of online pledges at mywatetpI, dge:com to reduce their impact on the environment
and; Residents will further be provided with tools to take specific measurable actions
throughout they- to improve the sustainable use ofnatural resources;
NOW, THEREFORE, THE
OKLAHOMA, DOWEREBY
SECTION 1. That the 'E
Conservation" emphasis.
COUNCIL MEMBERS OF THE CITY OF OWASSO,
AS
agrees with and supports the "Wyland Mayor's Challenge for Water
SECTION 2. That the program is to be implemented from April 1- 30, 2023, through a series of
communication and outreach strategies to encourage Owasso residents to take the conservation "Challenge. "
IN WITNESS THEREOF, I have
hereunto set my hand and caused the
seal of the City of Owasso to be affixed
this 21- day of March 2023.
Kelly Lewis, Mayor
Owasso Public Works Authority
Utility Rate Annual Report
December 31, 2022
Table of Contents
Introduction 3
Whereare We Now? 4
Major Considerations in Making Utility Rate Recommendations 5
Statement of Revenues, Expenses, and Changes in Net Position` - OPWA 6
OPWA Utility System Debt Service Payments 7
WaterSystem 8
Average Water Customers per Year 8
WaterUse by Customer Class 9
Water Consumption per Year 9
WaterBilling Rates 10
Water Revenue by Customer Type 1 1
SewerSystem 12
SewerRates 12
Historical Utility Rates 13
Comparative Residential Utility Rates 14
Five -Year Utility Rates 15
Introduction
The City of Owasso provides water, sewer, refuse, recycling, and Stormwater management services to residents. The
Stormwater Fund and the Owasso Public Works Authority (OPWA) began operating at a loss in fiscal year 2014, necessitating
the implementation of a 5 -year utility rate plan in 2016 (extended by City Council in 2021) to restore fund balances and
address the following rising costs:
• Depletion of the OPWA and Stormwater Fund balances
• Rising operational costs
• Funding for necessary capital infrastructure, including an upgrade of the wastewater treatment plant.
The revenue increases in this plan were computed based on both assumptions regarding annual increased costs of labor and
materials, and annual increased cost of water purchased from the Tulsa Metropolitan Utility Authority (TMUA). The rate
structure was designed to enable the City to develop >a long -term capital plan and enable commercial and residential
customers to budget for the upcoming changes.
In order to maintain a healthy fund balance that is capable of sustaining operations and providing uninterrupted service to
customers, the City reviews the differences in actual costs versus projected costs each year, while also monitoring capital
needs.
3
Where are we now?
1. Water purchase costs from the Tulsa Metropolitan Utility Authority (TMUA):
• Prior to fiscal year 2016, the rate charged to the City by TMUA had increased by 58% over the previous 9 years.
• Since the implementation of the 5 -year rate plan in fiscal year 2016, the rate has increased 1.7 %.
2. The following major capital improvements funded to date:
• Upgrade /Expansion of the Wastewater Treatment Plant -$23.3 million
• Upgrade of the Coffee Creek Sewer Lift Station - $5.9 million
• Owasso Market Gravity Sewer Line - $1.0 million
• Ranch Creek Sewer Interceptor Engineering - $585,500
• Various Water Projects - $935,000
• 117th Street Force Main - $150,000
• New Public Works Facility Engineering - $l million
3. Construction costs escalated substantially over the five -year period causing the need for additional funding.
4. To continue providing the current level of service to our citizens, the following major capital improvements and
purchases, totaling approximately $41 million, are needed within the next five years:
• Construction of a Public Works Facility - $13.0 million
• Regional Detention Pond - $3.4 million
• Rayola Detention Pond - $4.2 million
• Country Estates Stormwater;- $3.0 million
• Hale Acres Stormwater - $2.5 million
• Nottingham North /South Drainage_ Channel Improvements - $1.0 million
• Ranch Creek Sewer Intercept or - $6.0 million
• Wastewater Collection Projects - $13 million
• Upgrade of 117th Street Force Main $2.0 million
• Rehab of Elm Creek Concrete Line $2.0 million
• Other Water projects - $1.3 million
• Purchase of Refuse Trucks - $1.3 million
5. Current utility fees will not enable the funding of these needed projects. Even by spreading the cost of these projects
over multiple years through debt financing, additional revenues will be needed to fund the required debt service.
13
Major Considerations in Making Utility Rate Recommendations
Some of the more important factors affecting future utility rate requirements are listed below:
1. Estimated 5% annual growth in operating costs.
2. Annual increases in labor costs.
3. Annual growth in residential and commercial customers.
4. Increased debt service payments needed to fund the capital projects to maintain current water, sewer, refuse, and
stormwater services and to increase capacity for growth in population.
5. Inflationary increases in construction and material costs.
2,500,000
2,000,000
1,500,000
1,000,000
500,000
0
(500,000)
(1,000,000)
OPWA Operating Revenue, Expense & Debt — Accrual Basis
OPWA Income (Loss)
2,243,730
7.,919.939
1,403,468
638,406
468,419
318,563
31,648
(224,053)
(620,651)
FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022
From fiscal year 2007 through fiscal year 2016, revenues increased 59% while operating expenses increased 85 %. As a result,
operations began operating at a loss beginning with fiscal year 2014, and unrestricted reserves were substantially depleted.
Due to the implementation of the five -year utility rate plan, the OPWA unrestricted net position has increased enabling the
City to go forward with much - needed infrastructure improvements over the next five years. The revenues in fiscal years 2021
and 2022 exceeded expenses largely due to the timing of expenditures for large, on -going infrastructure projects.
Additional capital projects are needed to address our growing population and to continue providing quality services to our
citizens. The five -year utility rate plan will enable OPWA to fund the debt service needed to facilitate these future projects.
N
$5.0
$4.5
$4.0
$3.5
N $3.0
c
0$2.5
$2.0
$1.5
$1.0
$0.5
$0.0
Q Y]
O O f
N N i
OPWA Utility System Debt Service Payments
Issued Debt Proposed 2024 Capital Debt E3 Proposed 2031 Capital Debt
Annual debt service payments for the operation of OPWA funded by utility revenues (reflected above) totaled approximately
$2.54 million for fiscal year 2021, $2.80 million for fiscal year 2022, and $2.95 for fiscal year 2023. The projected amounts for
proposed debt for the new OPWA facilities, water, wastewater, and stormwater projects are in grey and tan above.
The bulk of the reimbursable debt, such as for Fire Station #4 and other City capital projects, is funded by the third penny sales
tax for capital improvements and is excluded from the graph above.
7
Water System
OPWA currently purchases all of its treated water on a wholesale basis from the Tulsa Metropolitan Utility Authority (TMUA).
OPWA is billed monthly by TMUA under a "sole source" contract. TMUA annually reviews and adjusts the price of water to all
customers, including OPWA. The most recent adjustment was a 2% increase effective October 2017, bringing the rate
charged by TMUA to OPWA, as of October 1, 2022, to $3.50 per thousand gallons on a uniform rate structure.
Currently, Owasso has no other alternate source of water, such as its own back -up water treatment system or a connection
to another neighboring water system.
Average Water Customers per Year
10,100
9,900
9A, 91895
9,701 9.735
9,700
9399-
9,500
9,458 91516
9,-390
9,296
9,300
9,100
8,900
2012 -13 2013 -14 2014 -15 2015 -16 2016.17 2017 -18 2018 -19 2019 -20 2020 -21 2021 -22
The Owasso Public Works Authority currently serves water to over 10,000 customers, including rural customers not included in
the graph above.
The City of Owasso has experienced a 7% growth in the number of water customers over the past ten years.
N
Water Use by Customer Class
Wafer consumption is largely driven by weather and number of customers. The chart below presents wafer consumption
information for the past ten fiscal years.
Water
Consumption Per Year (In
Thousand
Gallons)
960,000
945 552
938,246
940,000
924,001
920,000
913,432
900,000
893,051
880,000
857,567
869,209
860,000
840,000
820 190
820,000
800,000
780,000
760,000
740,000
Water Billing Rates
The City of Owasso uses usage tier rates for the water rate. Customer billings are calculated by adding the tier usage rates
per thousand gallons to the monthly base rate. Current rates were effective October 2022. Rates for customers outside City
limits have been established by OPWA Resolution to be 20% greater than rates for customers inside City limits.
Water Usage
2021 Rates
Inside City
Limits
2022 Rates
Inside City
Limits
Increase
3,000 Gallons
$ 28.19
$ 28.75
$ 0.56
5,000 Gallons
43.61
44.47
0.86
7,000 Gallons
59.13
60.31
1.18
10,000 Gallons
82.41
1 84.07
1.66
Current Water Rates
$120.00
$100.00
$100.88
$80.00
$72.37
$60.00
53.36
$34.50 $60.31
$40.00
544.47
$20.00
$28.75
3,000 Gallons 5,000 Gallons 7,000 Gallons 10,000 Gallons
Inside City Limits Outside City Limits
10
Water Revenue by Customer Type
$5,000,000
$4,500,000 -
$4,000,000
$3,500,000
$3,000,000
$2,500,000 Residential
Commercial
$2,000,000
Fireline & City at Cost
$1,500,000
$1,000,000
$500,000
FY FY FY FY FY FY FY FY FY FY
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
FY 2013
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
Residential
$3,521,324
$3,534,658
$3,377,415
$3,706,866
$3,727,114
$3,710,379
$3,597,217
$3,922,391
$4,550,780
$4,510,236
Commercial
1,193,619
1,270,976
1,323,475
1,472,681
1,938,004
2,092,634
2,020,572
2,141,421
2,498,273
2,757,031
Fireline & City at Cost
347,516
284,487
247,846
336,234
314,529
445,520
488,504
384,308
583,923
490,277
Total
$5,062,459
$5,090,121
$4,948,736
$5,515,781
$5,979,647
$6,248,533
$6,106,293
$6,448,120
$7,632,976
$7,757,544
$5,000,000
$4,500,000 -
$4,000,000
$3,500,000
$3,000,000
$2,500,000 Residential
Commercial
$2,000,000
Fireline & City at Cost
$1,500,000
$1,000,000
$500,000
FY FY FY FY FY FY FY FY FY FY
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Sewer System
The Authority's sanitary sewer system serves most, but not all, of Owasso's incorporated area. The system consists of a
collection system, eight lift stations and a wastewater treatment plant at 600 S. Main.
Residential customers are charged a monthly sewer charge that is based on their average usage for the year.
Sewer Usage
2021 Rates
Inside City
Limits
2022 Rates
Inside City
Limits
Increase
3,000 Gallons
$ 23.09
$ 24.25
$ 1.16
5,000 Gallons
31.81
33.41
1.60
7,000 Gallons
40.53
42.57
2.04
10,000 Gallons
53.61
56.31
2.70
$75.00 Current Sewer Rates
$67.61
$65.00
$55.00
$56.31
$45.00
$40.11
$42.57
$35.00
$29.11
$33.41
$25.00
$24.25
$15.00
3,000 Gallons 5,000 Gallons 7,000 Gallons 10,000 Gallons
Inside City Limits Outside City Limits
12
Owasso Average Utility Rates - Effective October 1 st
Effective October 1st
2013
2014
2015
2016
2017
2018
12019
2020
2021
2022
2023
2024
2025
Total 7,000 gallons
WATER - Inside City
$ 41
$ 42
$ 45
$ 48
$ 51
$ 53
$ 56
$ 59
$ 59
$ 60
$ 62
$ 63
$ 64
Total 5,000 gallons
SEWER - Inside City
22
22
24
25
26
27
29
30
32
33
35
1 37
39
Stormwater Rates
3
3
3
4
4
5
5
6
6
6
7
7
8
Refuse Rates
14
14
14
15
15
16
16
17
17
17
17
18
18
Average Utility Bill -
Inside City Limits
79
81
86
91
96
101
107
1 112
113
117
121
124
128
7.0%
6.0%
5.0%
4.0%
3.0%
2.0 %,
1.0%
0.0%
Owasso Historical Utility Rate Percentage Increases
6.3% 6.2%
. a
5.2%
5.0%
2.0% 1.9%
1.4%
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025
13
Comparative Residential Utility Rates - For Customers Inside City Limits
December 31, 2022
(Based on the most recent known data from each City)
Utility Rates by City - Inside City Limits
Glenpool
Jenks
Collinsville
Bixby
Broken
Arrow
Sand
Springs
Owasso
Tulsa
Total 7,000 gallons WATER - Inside City
$ 59.20
$ 57.00
$ 53.34
$ 58.91
$ 50.52
$ 51.25
$ 60.31
$ 36.55
Total 5,000 gallons SEWER - Inside City
25.00
21.52
23.95
26.65
32.36
38.50
33.41
60.05
Stormwater Rates
2.00
5.00
5.00
4.00
8.89
5.97
6.00
9.80
Refuse Rates
15.82
16.35
16.04
17.60
16.75
19.98
17.20
18.50
Ambulance Fee
3.50
10.00
3.60
5.45
2.25
4.00
5.45
Solid Waste Management Fee
0.35
Street Light Fee
2.50
Total Utility Bill by City - Inside City
Limits
$ 102.37
$ 103.37
$ 108.33
$ 110.76
$ 116.47
$ 117.95
$ 120.92
$ 130.35
$140
$120
$100
$80
$60
$40
$20
Total 2022 Average Monthly Utility Cost
Glenpool Jenks Collinsville Bixby Broken Arrow Sand Springs Owasso Tulsa
Owasso Five -Year Residential Rates
15
Effective
Oct -01 -2021
Effective
Oct -01 -2022
Effective
Oct -01 -2023
Effective
Oct -01 -2024
Effective
Oct -01 -2025
Water Rates - Inside City
Base for 3/4" Meter
$ 12.82
$ 13.08
$ 13.341
$ 13.61
$ 13.88
0 -1,000 gallons
1,001 -2,000
7.66
7.81
7.97
8.13
8.29
2,001 -3,000
7.71
7.86
8.02
8.18
8.34
3,001 -4,000
7.71
7.86
8.02
8.18
8.34
4,001 -5,000
7.71
7.86
8.02
8.18
8.34
5,001 -6,000
7.76
7.92
8.08
8.24
8.40
6,001 -7,000
7.76
7.92
8.08
8.24
8.40
Total monthly water cost for average
residential at 7,000 gallons
$ 59.13
$ 60.31
$ 61.53
$ 62.76
$ 63.99
Increase percent
0.0%
2.0%
2.07.
2.0%
2.0%
Sewer Rates - Inside
Base
$ 10.01
$ 10.51
$ 11.04
$ 11.59
$ 12.17
0.1,000 gallons
4.36
4.58
4.81
5.05
5.30
1,001 -2,000
4.36
4.58
4.81
5.05
5.30
2,001 -3,000
4.36
4.58
4.81
5.05
5.30
3,001 -4,000
4.36
4.58
4.81
5.05
5.30
4,001 -5,000
4.36
4.58
4.81
5.05
5.30
Total sewer for average residential at 5,000
gallons
$ 31.81
$ 33.41
$ 35.09
$ 36.84
$ 38.67
Increase percent
5.1%
5.07.
5.07o
5.07.
5.0%
Stormwater Rates
Residential (per month)
$ 5.50
$ 6.00
$ 6.50
$ 7.00
$ 7.50
Commercial (per month)
6.25
6.75
7.25
7.75
8.25
Industrial (per month)
6.25
6.75
7.25
7.75
8.25
Increase percent
0.007.
9.09%
8.33%
7.69%
7.14%
Refuse Rates
Residential (per cart)
$ 16.95
$ 17.20
$ 17.45
$ 17.70
$ 17.95
Increase percent
0.00%
1.47%
1.45%
1.43%
1.41%
Multi- family (per cart)
16.95
$ 17.20
$ 17.45
$ 17.70
$ 17.95
Yardwaste (per cart)
14.95
$ 15.20
$ 15.451
$ 15.70
$ 15.95
Commercial (per cart)
18.95
19.20
19.45
19.70
19.95
Inside City Residential total
$ 113.39
$ 116.92
$ 120.57
$ 124.30
$ 128.11
Increase percent
1.4%
3.1%
3.1%
3.1%
3.1%
Increase per month
$ 1.53
$ 3.53
$ 3.65
$ 3.73
$ 3.81
15
TO: The Honorable Mayor and City Council
FROM: Alexa Beemer, AICP
Planning Manager
SUBJECT: Project Application Community Development Block Grant (CDBG 2023)
DATE: March 10, 2023
BACKGROUND:
The primary objective of the national Community Development Block Grant (CDBG) Program, is the
"development of viable urban communities by providing decent housing and a suitable living
environment, particularly for persons of low and moderate incomes." All project proposals submitted
for funding through the CDBG Program must document the achievement of at least one (1) of the
following national objectives:
Provide benefit to low- and moderate - income persons;
D Aid in the prevention or elimination of slums or blight; and
Meet other community development needs having particular urgency or posing a serious or
immediate threat to the health or welfare of a community.
ANTICIPATED FUNDING:
On February 6, 2023, the Indian Nation Council of Governments (INCOG) provided information
regarding the 2023 CDBG application. The completed application is due no later than April 10, 2023.
Owasso is a part of an Urban County and as such does not compete for the funding through the
State Department of Commerce. According to INCOG, Owasso will receive an estimated allocation
of $159,894.62 for the FY 2023 CDBG funding cycle. The grant does not require a local match.
HISTORY:
In the past, the City of Owasso has utilized CDBG monies for sidewalk, sanitary sewer, street, and park
improvements. In 2014, Housing of Urban Development (HUD) changed the income limits that
determined if individuals and families qualified as a low to moderate income household. HUD's
formula used Census Tracts as the geography to determine if an area qualifies or does not. As a
result, Owasso lost most of its qualifying Census Tracts, with the exception of the Baptist Village area.
Due to the income limit change, communities were left to conduct door to door surveys to qualify
smaller geographic areas within the larger Census tracts.
In 2016, staff conducted a door to door survey in the Hale Acres neighborhood near North Garnett
Road and East l 16th Street North. The data collected from this survey met the income requirement
thresholds and allowed the neighborhood to qualify for CDBG funds. The surveys are only good for
5 -year periods, and therefore in the late winter of 2021, staff performed a second door to door survey
in the Hale Acres neighborhood. The survey results again met the income limit thresholds allowing
the area to be re- qualified for another 5 -year period. Since 2017, the City has used its CDBG
allocation to replace most of the sanitary sewer lines in this neighborhood.
With this allocation of funds, staff proposes to install a new 6" PVC water line along North 106th East
Avenue and a new 6" PVC water line along North 112th East Avenue. The project begins at the
western boundary of the subdivision and ends at North Garnett Road to the east and will improve
water pressure and fire flow in this area.
CDBG
Page 2 of 2
PUBLIC HEARING:
Staff consulted with INCOG regarding the requirement of holding a separate Public Hearing and was
informed that "since the project is a continuation of the same activity that the City has been doing
for several years in the some location, then no separate Public Hearing is required ".
PROPOSED FY 2023 PROJECT:
In the second half of 2022, the City plans to begin work on replacing the first of many water lines
within said neighborhood, along East 112th Street North. With this 2023 allocation of funds, staff
proposes to install one thousand three hundred (1,300) linear feet of new 6" PVC water line along
North 106th East Avenue and eight hundred (800) linear feet of new 6" PVC water line along North
112th East Avenue. The project will involve the eastern -most and western -most streets within the
boundaries of the subdivision. These two new water lines will improve water pressure and fire flow in
the area.
ATTACHMENT:
Map - Owasso CDBG Hale Acres Water Line Replacement Location
Water Line Replacement Project
1" = 400 ft
Hales Acres FY 2023 -2024
This map may, rzpresenr a visual display of related geographic information. Data provided hereon is not guarantee of acutual field conditions. To be sure of complete accuracy, please contact the
responsible staff for most up- to-date information.
TO: The Honorable Mayor and City Council
FROM: Alexa Beemer,AICP
Present Use
Planning Manager
SUBJECT: Final Plat - Villas at Stonebridge II
DATE: March 10, 2023
BACKGROUND:
The Community Development Department received an application for review and approval of
a final plat for Villas at Stonebridge II. The subject property is located near the southeast corner
of the intersection of North 129th East Avenue and East 76th Street North and comprises a total of
4.98 acres. The property was annexed and zoned Residential Multifamily (RM) under Ordinance
1198 in October 2022. It was then placed within a Planned Unit Development (OPUD 22 -02)
overlay in December 2022 with Ordinance 1201.
SUBJECT PROPERTY /PROJECT DATA:
Property Size
4.98 acres +/-
Current Zoning
Residential Multifamily (RM)
Present Use
Vacant
Proposed Use
Townhomes /Multiplexes
Lots /Blocks
1 Lot /l Block
Land Use Master Plan
Transitional
Within PUD?
Yes; OPUD 22 -02
Within Overlay District?
No
Water Provider
Rogers County Rural Water District # 3
Paybacks (assessed at plaRfng)
Storm Siren Fee ($50.00 per acre)
ANALYSIS:
This is a one (1) lot, one (1) block final plat for a multifamily residential development. Said
development will be comprised of a mixture of six and eight -plex townhomes.
• The proposed lot as depicted on the plat meets the bulk and area requirements outlined
in both the Owasso Zoning Code for RM -zoned properties, as well as within the OPUD 22-
02 document.
• The property will have one (1) access point off of East 76th Street North, which will be
separated from adjacent driveways an adequate distance in order to meet all
applicable separation requirements found within the Owasso Zoning Code.
• Perimeter and interior utility easements are provided as required that will allow utility
companies adequate access to serve the development.
• Right -of -Way along East 76th Street North is dedicated by this plat in order to
accommodate future roadway widening.
Page 2
Preliminary/Final Plat- Villas at Stonebridge II
There is a large detention easement depicted on the plat, located along the southern
boundary of the property to handle the stormwater generated from the development.
The City of Owasso will provide police, fire, ambulance, and sanitary sewer services to
the property. Rogers County Rural Water District #3 will provide water services to the
property.
• Any development that occurs on the subject property must adhere to all subdivision,
zoning, and engineering requirements as well as any requirements applied to the subject
property in OPUD 22 -03.
SURROUNDING ZONING AND LAND USE:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
Residential Estate RE
Residential
Transitional
Tulsa Count
South
Residential Estate RE
Residential
Residential
Tulsa Count
East
Residential Multifamily RM )
Multiplexes
Transitional
City of Owasso
West
Commercial Sho ping (CS)
Self-Storage
Commercial
City of Owasso
PLANNING COMMISSION:
The Owasso Planning Commission will review this item at their regular meeting on March 13, 2023.
ATTACHMENTS:
Aerial Map
Final Plat — Villas at Stonebridge II
Aeriai map N
Miles Final Plat- The Villas at Stonebridge H Subject Tract
FINAL PLAT
of
VILLAS AT STONEBRIDGE II
TO: The Honorable Mayor and City Council
FROM: Alexa Beemer, AICP
Proposed Zoning
Planning Manager
SUBJECT: OPUD 23 -02 /OZ 23 -02 -The Reserves at Owasso
DATE: March 10, 2023
BACKGROUND:
The Community Development Department received a Planned Unit Development (PUD)
application (OPUD 23 -02) for The Reserves at Owasso, a proposed mixed -use development
located at the northwestern corner of the intersection of East 106th Street North and North 145th
East Avenue. The subject property is approximately 51.66 acres in size, and is currently zoned
Residential Multifamily (RM) and Commercial Shopping (CS). A separate rezoning request (OZ
23 -02) has been concurrently filed with this PUD request, requesting that additional CS zoning
and the Office (0) zoning designation be added to the property.
SUBJECT PROPERTY /PROJECT DATA:
Property Size
51.66 acres +/-
Current Zoning
Residential Multifamily (RM) & Commercial Shopping
CS
Proposed Zoning
Residential Multifamily (RM) & Commercial Shopping
CS & Office O
Present Use
Vacant
Land Use Master Plan
Commercial
Within PUD?
No
Within Overlay District?
Yes; US -169 Overlay District
Water Provider
Washington County Rural Water District #3
Applicable Paybacks
(Assessed at Platting)
Elm Creek Sanitary Sewer Relief Area ($1,580.00 per
acre)
Storm Siren Fee $50.00 per acre
CONCEPT OF A PUD:
A PUD is a development concept that allows for greater creativity and flexibility than
typically allowed under traditional zoning and planning practices.
o For example, PUDs often allow developers to place different zonings and land
uses in close proximity to each other.
o 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.
A PUD should not be considered as 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.
OPUD 23 -02 /OZ 23 -02
Page 2
GROWASSO 2035 LAND USE MASTER PLAN CONSISTENCY:
• The GrOwasso 2035 Land Use Master Plan is a document that acts as a moderately flexible
tool for evaluating development proposals.
The GrOwasso 2035 Land Use Master Plan identifies the property for future commercial
land uses. As such, the proposed mixed -use development is in keeping with the long -
range vision for this location, as commercial, office, and multifamily zonings are all
considered allowed within a "commercial" designation in the GrOwasso 2035 Land Use
Master Plan.
ANALYSIS:
The subject property was annexed into Owasso City Limits with Ordinance 961 in 2010,
and was zoned Residential Multifamily (RM) in 2021 with Ordinance 1188.
The conceptual development plan submitted for OPUD 23 -02 states that the applicant
intends to construct a true mixed -use development, comprised of six (6) distinct
development areas and one (1) common area.
o Development Area "A ", adjacent to US -169, is proposed to be a standalone
commercial tract. The zoning of this area will remain CS.
o Development Area "B ", located off of North 137th East Avenue, is proposed to be
general office or commercial, specifically hospitality - related; it is proposed to be
rezoned CS under OZ 23 -02.
o Development Areas "C" and "D ", located along East 106th Street North, are both
proposed to be general office or commercial. These areas are proposed to be
rezoned O under OZ 23 -02.
o Development Area "E ", located on the northern portion of the property, is
proposed to be developed into apartments, with a gross density of 18.8 dwelling
units per acre. The zoning of this area will remain RM.
o Development.Area "F", located on the interior of the property, is proposed to be
developed as a storage facility. This area is proposed to be rezoned CS under OZ
23 -02.
• In order to accommodate the proposed use outlined in this PUD proposal, the base
zoning must be changed to a designation that allows for additional commercial and
office uses.
As such, the applicant is requesting that portions of the property be assigned a
zoning designation of either CS and O, in addition to keeping portions of the
property zoned RM.
• The OPUD 23 -02 document lists several anticipated amenity features for the development,
including a sports field, basketball court, corn hole / bag toss, open green space,
clubhouse, BBQ area, swimming pool, and playground.
Additionally, the OPUD 23 -02 document also states that all applicable landscaping and
screening requirements from Ch. 10 and Ch. 19 of the Owasso Zoning Code will be met.
o This includes minimum 6' privacy fences and adequate buffer yards along the
boundaries of the proposed storage use in Development Area "F".
A fully detailed landscape plan will be required to be submitted for City staff
approval at the time of site plan reviews for each development. All landscaping
and screening will be required to meet the requirements identified in the Owasso
Zoning Code.
OPUD 23 -02 /OZ 23 -02
Page 3
• Nine (9) total points of access are depicted on the OPUD 23 -02 conceptual development
plan. The exact location of each access point will be determined at the platting stage.
o Development Area "A" will be allowed one (1) access point off of North 137th East
Avenue.
o Development Areas "C ", "D ", and "E" will be allowed a total of four (4) access
points off of East 106th Street North, to be shared amongst the various parcels within
the three development areas.
o Development Areas "B" and "C" will be allowed a total of two (2) access points off
of North 137th East Avenue, to be shared amongst the various parcels within the two
development areas.
o Development Areas "D" and "F" will be allowed a total of two (2) access points off
of North 145th East Avenue, to be shared amongst the various parcels within the two
development areas.
The City of Owasso will provide police, fire,
the subject property. Washington County
services to the subject property.
ambulance, and sanitary sewer services to
Rural Water District #3 will provide water
• Pending rezoning of the property, the applicant would need to submit preliminary and
final plats, as well as site plans, for all of the property.
Any development that occurs on the subject property shall adhere to all subdivision,
zoning, and engineering requirements of the City of Owasso.
SURROUNDING LAND USE:
PLANNING COMMISSION:
The Owasso Planning Commission will review this item at their regular meeting on March 13, 2023.
ATTACHMENTS:
Aerial Maps
Zoning Map
GrOwasso 2035 Land Use Master Plan Map
OPUD 23 -02 Document and Exhibits
Zoning
Use
Land Use Plan
Jurisdiction
Office (0) / Public Facilities
Educational
Public & Institutional
City of Owasso
rDirection
(PF)
Institution
Commercial Shopping (CS) /
Commercial /
Residential Single Family (RS -3)
Religious Institution
Commercial
City of Owasso
/ Residential Multifamily RM
/ Apartments
Transitional
Residential Neighborhood
East
Mixed (RNX) / Commercial
Vacant
Commercial
City of Owasso
General CG
West
Agriculture (AG)
Highway
N/A
ODOT
PLANNING COMMISSION:
The Owasso Planning Commission will review this item at their regular meeting on March 13, 2023.
ATTACHMENTS:
Aerial Maps
Zoning Map
GrOwasso 2035 Land Use Master Plan Map
OPUD 23 -02 Document and Exhibits
Note: Graphic overlays may
not precisely align with physical Subject OPUD -23 -02 0 100 200 400
features on the ground. Tract OZ-23-O2
Aerial Photo Date: 202012021
OPUD 23-02/OZ 23-02
GrOwasso 2035 Land Use Master Plan
Was OPUD 23-02/OZ 23-02
Land Use Categories
Parks/Recreation
Public/Institutional
Residential
Transitional
Neighborhood Mixed
Redbud District
Neighborhood Commercial
Commercial
Industrial/Regional Employment
US-169 Overlay
F Subject Tract
EXHIBIT
CONCEPTUAL SITE PLAN OF
THE RESERVES AT OWASSO
BASKETSALLCOLRT.
OPEN GREEN SPACE'
SANDBOX SPINHINNORTS FIELD
CORNHOM III E3
CEDAR
CREEK
ENGINEERING • PUNNING • CONSULTING
P.O. Box 14534 Oklahoma City, OR 73113
405 -]]8 -3385
w Cedarcreeklnerom
EXHIBIT B
DEVELOPMENT AREA PLAN OF
THE RESERVES AT OWASSO
CEDAR
CREEK
ENGINEERING • PLANNING • CONSULTII
P.O. Box 14534 Oklahoma City. OK 73113
www.cedarcreeklnccom
EXHIBIT C
EXISTING CONDITIONS PLAN OF
THE RESERVES AT OWASSO
EDAR
REEK
ENGINEERING • PLANNING • CONSULTING
P.O. Box 14534 Oklahoma City.OK
www.aedarcreeklnc.com
EXHIBIT D
SURROUNDING ZONING & LAND USE PLAN
OF
THE RESERVES AT OWASSO
CEDAR
CREEK
ENGINEERING • PLANNING • GJN5ULTING
P.D. Box 14534 Oklahoma Lit,, OR 73113
405 - ]]&3305
www.cedarcmekincoom
LEGEND
ICGITIALIAULTIFR.IILY
ZFESIOEMIAL MULTI FAMILY
PUBLIC FACILITIES
CEDAR
CREEK
ENGINEERING • PLANNING • GJN5ULTING
P.D. Box 14534 Oklahoma Lit,, OR 73113
www.cedarcmekincoom
EXHIBIT E
CONCEPTUAL MULTI - FAMILY BUILDING
ELEVATIONS OF
THE RESERVES AT OWASSO
EDAR
REEK
ENGINEERING • PLANNING • CONSULTING
P.O. Box 14534 Oklahoma City, OK 73113
www.cedarcreekinc.com
OPUD -23 -02
The Reserves at Owasso
City of Owasso, Tulsa County, Oklahoma
Owner / Developer
Owasso Land Group, LLC
1821 Phoenix Avenue, Suite A
Fort Smith, Arkansas 72902
Counsel / Preparer
Hall Estill
c/o Stuart E. Van De Wiele
521 East 2nd Street, Suite 1200
Tulsa, Oklahoma 74120
5422804.6:011399.00001
I. DEVELOPMENT CONCEPT 1
II. STATISTICAL SUMMARY 3
III. DEVELOPMENT STANDARDS - DEVELOPMENT AREA "A": 4
IV. DEVELOPMENT STANDARDS - DEVELOPMENT AREA "B": 5
V. DEVELOPMENT STANDARDS - DEVELOPMENT AREA "C": 7
VI. DEVELOPMENT STANDARDS - DEVELOPMENT AREA "D": 8
VII. DEVELOPMENT STANDARDS - DEVELOPMENT AREA "E": 10
VIII. DEVELOPMENT STANDARDS - DEVELOPMENT AREA "F": 12
IX. DEVELOPMENT STANDARDS - COMMON AREA: 14
X. LANDSCAPING AND OPEN SPACE 14
XI. US -169 OVERLAY DISTRICT 14
XII. SIDEWALKS 14
XIII. SIGN STANDARDS 14
XIV. SCHEDULE OF DEVELOPMENT 14
XV. RIGHT OF WAY DEDICATION 15
XVI. ACCESS POINTS 15
5422804.6:011399.00001
Exhibits
Exhibit A — Conceptual Site Plan
Exhibit B — Development Area Plan
Exhibit C — Existing Conditions Plan
Exhibit D — Surrounding Zoning and Land Use Plan
Exhibit E — Conceptual Multi - Family Building Elevations
Exhibit F — Proposed Zoning Plan
5422804.6:0(1399.00001
I. Development Concept
The Reserves at Owasso (the "Development ") is a proposed ±50.53 acre mixed use
development located on the northwest corner of the intersection of North 145th East Avenue
and East 106th Street North (the "Subject Property'). The Subject Property has (a)
approximately 340 LF of frontage along North 145th East Avenue and (b) approximately
2,300 LF of frontage along East 106th Street North.
The Subject Property is abutted
(a) on the north by the Owasso campuses of Tulsa Tech and Tulsa Community
College which are zoned O (Office);
(b) on the east (adjacent tract) by an undeveloped tract zoned RM (Residential
Multi- Family) / OPUD-16-06;
(c) on the east (across North 145th East Avenue) by an undeveloped tract zoned
CG (Commercial General);
(d) on the south (across East 106th Street North) by (i) a gas station and bank
zoned CS (Commercial Shopping), (ii) a church zoned RS -3 (Residential
Single Family), and (iii) a multifamily facility zoned RM (Residential
Multi- Family); and
(e) on the west by the US -169 right of way zoned AG (Agriculture).
The Subject Property is characterized by fairly flat terrain, with drainage generally flowing
from the southwest to the northeast (See Exhibit "E"' — Existing Conditions Plan ). There
is no on -site FEMA 100 -year floodplain or USACE jurisdictional wetlands.
The size and layout of the Subject Property (as partially constrained by certain easements)
and variety of anticipated uses lends itself to the creation of a multi - parcel development
which would best be developed under the umbrella of a PUD.
The soil types found on the Subject Property 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.
The Development will feature six (6) distinct land uses and development areas including
(i) a standalone commercial tract near the US -169 frontage that will likely be developed as
a bank, gas station, or automotive repair / service facility, (ii) commercial shopping, general
office or medical, and / or hotel tracts along North 137th East Avenue, (iii) two commercial
shopping and /or general office or medical tracts along East 106th Street North, (iv) a multi-
family tract located to the interior and north side of the Subject Property, and (v) a
commercial / office / storage facility tract located on the interior of the Subject Property
with access from North 145th East Avenue. The Development will feature also contain one
"common area" which shall serve as a green belt and storm water detention / retention areas
as well as other "open space" type uses.
5422804.6:011399.00001
Access into the Subject Property will be from North 14th East Avenue, East 106th Street
North, or the frontage road that runs parallel to US -169. The access points into the
commercial / office tracts are conceptually as shown on Exhibit "A "' — Conceptual Site
Plan) and will finalized during the plat approval process. All internal drives will be
privately owned and maintained.
The plat of the Development East will include internal mutual access easements across and
between Development Areas B, C, and D and across the entrance drive on East 106`' Street
North in Development Area E.
It is anticipated that the Development may be developed in multiple phases, with
development commencing as soon as the appropriate approvals have been received.
2
5422804.6:011399.00001
II. Statistical Summary
Total Project Area 50.53 1
Total Commercial / Office Areas (Dev Areas A, B, C, D) 17.85 acres
Total Multi - Family Residential Area (Dev Area E) 23.5 acres
Total Warehouse / Self- Storage Area (Dev Area F) 4.43 acres
Total Common Areas 4.75 acres
Maximum Commercial Floor Area As Permitted within the CS Zoning District
and the US -169 Overlay District
Maximum Number of Dwelling Units (Dev Area E) 442
Project Density (Dev Area E) 18.8 DU /Acre (Gross)
' This amount (i) excludes areas which will be dedicated as ROW along North 137" East Avenue but (ii) includes
areas which may be subject to dedication along East 1061" Street North.
3
5422804.6:011399.00001
I11. _Development Standards — Development Area "A":
Permitted Uses: Uses permitted by right in the CS Zoning District and the
US -169 Overlay District, Automotive Repair and
Maintenance uses are also allowed by right. Other uses
requiring a Specific Use Permit (SUP), in either the CS
Zoning District or the US -169 Overlay District, will need to
secure an SUP.
Max Commercial Floor Area:As permitted within the CS Zoning District and the US -169
Overlay District.
Min Lot Size: As permitted within the CS Zoning District and the US -169
Overlay District.
Min Lot Frontage: As permitted within the CS Zoning District and the US -169
Overlay District.
Min Building Setbacks:
From West Property Line:
Ten feet (10')
From North 137"' East Ave.:
Ten feet (10')
From East 1060' Street North:
Ten feet (10')
To the extent that principal structures within the Development Area are constructed
utilizing the ten foot (10') setback, parking shall be located to the rear of such
structure.
Max Building Height: Thirty five feet (35') excluding architectural features
Other Bulk & Area Rea.: As permitted within the CS Zoning District and the US -169
Overlay District.
Freestanding Signage: As permitted within the CS Zoning District and the US -169
Overlay District; provided, that one (1) freestanding sign
shall be allowed along either East 106"' Street North or North
137th East Ave.
To the extent any freestanding sign has a monument base,
such base shall be made of similar materials as the main
structure / building on the lot in compliance with the CS
Zoning District and the US -169 Overlay District.
The minimum sign setback shall comply with the current
Owasso zoning code.
Building Signage: As permitted within the CS Zoning District and the US -169
Overlay District.
4
5422804.6:011399.00001
IV. Development Standards — Development Area "B ":
Permitted Uses: Uses permitted by right in the CS Zoning District and the
US -169 Overlay District. Those uses requiring a Specific
Use Permit (SUP), in either the CS Zoning District or the
US -169 Overlay District, will need to secure an SUP.
Max Commercial Floor Area: As permitted within the CS Zoning District and the US -169
Overlay District.
Min Lot Size: As permitted within the CS Zoning District and the US -169
Overlay District.
Min Lot Frontage: As permitted within the CS Zoning District and the US -169
Overlay District.
Min Building Setbacks:
From North 137th East Ave.: Ten feet (10')
From North Property Line: Ten feet (10')
From Dev Area "E ": Ten feet (10')
From Any Interior Lot Line: Ten feet (10')
To the extent that principal structures within the Development Area are constructed
utilizing the ten foot (10') setback, parking shall be located to the rear of such
structure.
Max Building Height: Thirty six feet (36') (excluding architectural features) unless
a Specific Use Permit is obtained. In the event a Specific Use
Permit is obtained, the maximum height shall not exceed
Seventy feet (70') (excluding architectural features).
Other Bulk & Area Reg.: As permitted within the CS Zoning District and the US -169
Overlay District.
Freestanding Signage: As permitted within the CS Zoning District and the US -169
Overlay District; provided, that no less than one (1)
freestanding sign shall be allowed per lot.
To the extent any freestanding sign has a monument base,
such base shall be made of similar materials as the main
structure / building on the lot in compliance with the CS
Zoning District and the US -169 Overlay District.
The minimum sign setback shall comply with the current
Owasso zoning code.
5422804.6:011399.00001
Building Signage: As permitted within the CS Zoning District and the US -169
Overlay District. Except as provided herein, all signage shall
comply with the Owasso Zoning /Sign Code and the US -169
Overlay District.
5422804.6:011399.00001
V. Development Standards — Development Area "C ":
Permitted Uses: Uses permitted by right in the CS and O Zoning Districts and
the US -169 Overlay District. Those uses requiring a
Specific Use Permit (SUP), in either the CS or O Zoning
Districts or the US -169 Overlay District, will need to secure
an SUP.
Max Commercial Floor Area: As permitted within the CS Zoning District and the US -169
Overlay District.
Min Lot Size: As permitted within the CS Zoning District and the US -169
Overlay District.
Min Lot Frontage: As permitted within the CS Zoning District and the US -169
Overlay District.
Min Building Setbacks:
From North 1371h East Ave.: Ten feet (10')
From East 106th Street North: Ten feet (10')
From Dev Area "E" Access Drive: Ten feet (10')
From Any Interior Lot Line: Ten feet (10')
To the extent that principal structures within the Development Area are constructed
utilizing the ten foot (10') setback, parking shall be located to the rear of such
structure.
Max Building Height: Thirty five feet (35') excluding architectural features
Other Bulk & Area Rea.: As permitted within the CS Zoning District and the US -169
Overlay District.
Freestanding Signage: As permitted within the CS Zoning District and the US -169
Overlay District; provided, that no less than one (1)
freestanding sign shall be allowed per lot.
To the extent any freestanding sign has a monument base,
such base shall be made of similar materials as the main
structure / building on the lot in compliance with the CS
Zoning District and the US -169 Overlay District.
The minimum sign setback shall comply with the current
Owasso zoning code.
Building Signage: As permitted within the CS Zoning District and the US -169
Overlay District. Except as provided herein, all signage shall
comply with the Owasso Zoning/Sign Code and the US -169
Overlay District.
5422804.6:011399.00001
VI. Development Standards — Development Area "D ":
Permitted Uses: Uses permitted by right in the CS and O Zoning Districts and
the US -169 Overlay District. Those uses requiring a
Specific Use Permit (SUP), in either the CS or Zoning
Districts or the US -169 Overlay District, will need to secure
an SUP.
Max Commercial Floor Area: As permitted within the CS Zoning District and the US -169
Overlay District.
Min Lot Size: As permitted within the CS Zoning District and the US -169
Overlay District.
Min Lot Frontage: As permitted within the CS Zoning District and the US -169
Overlay District.
Min Building Setbacks:
From North 145th East Ave.: Ten feet (10')
From East 106th Street North: Ten feet (10')
From Dev Area `B" Access Drive: Ten feet (10')
From Common Area: Ten feet (10')
From Any Interior Lot Line: Ten feet (10')
To the extent that principal structures within the Development Area are constructed
utilizing the ten foot (10') setback, parking shall be located to the rear of such
structure.
Max Building Height: Thirty five feet (35') excluding architectural features
Other Bulk & Area Rea.: As permitted within the CS Zoning District and the US -169
Overlay District.
Freestanding Signage: As permitted within the CS Zoning District and the US -169
Overlay District; provided, that no less than one (1)
freestanding sign shall be allowed per lot.
To the extent any freestanding sign has a monument base,
such base shall be made of similar materials as the main
structure / building on the lot in compliance with the CS
Zoning District and the US -169 Overlay District.
The minimum sign setback shall comply with the current
Owasso zoning code.
5422804.6:011399.00001
Building Simage: As permitted within the CS Zoning District and the US -169
Overlay District. Except as provided herein, all signage shall
comply with the Owasso Zoning/Sign Code and the US -169
Overlay District.
5422804.6:011399.00001
VII. Development Standards — Development Area "E":
Permitted Uses: Uses permitted by right in the RM Zoning District. Those
uses requiring a Specific Use Permit (SUP), in either the RM
Zoning District or the US -169 Overlay District, will need to
secure an SUP.
Min Lot Size: One (1) lot of not less than 23.5 acres
Max Dwelling Units: 442
Min Livability Space Per DU: Fifteen percent (15 %) of total Development Area
shall be open space. The common area (See Section
VIII) shall be counted toward the open space
calculation for Development Area `B ".
Min Lot Frontage:
On North 137th East Ave.: Seventy feet (70'). The width of the drive
aisle to Development Area "E" will be no less
than twenty -four feet (24').
On East 106th Street North: One hundred feet (100'). The width of the
drive aisle to Development Area `B" will be
no less than twenty -four feet (24').
Min Building Setbacks:
From Northern Property Line: Ten feet (10')
From Western Property Line: Ten feet (10')
From North 137`" East Ave.:
Fifty feet (501)
From Dev Area `B ":
Ten feet (10')
From Dev Area "C ":
Ten feet (10')
From Dev Area "D ":
Ten feet (10')
From Dev Area "F ":
Ten feet (10')
From Common Area:
Ten feet (10')
From OPUD -16 -06 Common Line:
Ten feet (10')
Max Building Height: Fifty feet (50') excluding architectural features
Other Bulk & Area Rea.: As permitted within the RM Zoning District.
Freestanding Signage: As permitted within the RM Zoning District and the US -169
Overlay District; provided, that no less than one (1)
freestanding sign shall be allowed per lot, not to exceed eight
feet (8') in height.
10
5422804.6:011399.00001
To the extent any freestanding sign has a monument base,
such base shall be made of similar materials as the main
structure / building on the lot in compliance with the CS
Zoning District and the US -169 Overlay District.
The minimum sign setback shall comply with the current
Owasso zoning code.
No pole signs shall be allowed.
Except as provided herein, all signage shall comply with the
Owasso Zoning/Sign Code and the US -169 Overlay District.
Building Signage: As permitted within the RM Zoning District and the US -169
Overlay District.
Screening: Screening along the exterior of Development Area "E" shall
be installed in compliance with and as required by Chapter
19 of the Owasso Zoning Code. This shall include a six foot
(6') minimum height fence along the exterior of
Development Area "E". However, such screening may also
include the Common Area within the Development Area "E"
fenceline.
Gates: All gates (if any) shall be installed in compliance with and as
required by Chapter 21 of the Owasso Zoning Code.
Required Amenities: Development Area `B" will be designed and developed to
include one (1) or more required amenity from each of the
categories of (i) Active Recreation, (ii) Passive Recreation,
(iii) Public Gathering Areas, and (iv) Family Recreational
Areas in compliance with Section 9.2.12 of the Owasso
Zoning Code. Such amenities may be located on the
"Common Area" described in Section IX below. Such
amenities are currently anticipated to include sports field,
basketball court, corn hole / bag toss, open green space,
clubhouse, BBQ area, swimming pool, and playground.
11
5422804.6:011399.00001
VIII. Development Standards — Development Area "F ":
Permitted Uses: (i) Uses permitted by right in the CS Zoning District and the
US -169 Overlay District, (ii) Warehousing and Self - Storage,
and (iii) General Office. Those uses requiring a Specific Use
Permit (SUP), in either the CS Zoning District or the US -169
Overlay District, will need to secure an SUP.
Warehousing / Self - Storage use is allowed as a secondary or
complimentary use to the balance of the development.
However, if Development Area "F" is platted as a separate
plat, a retail or office component will be required within
Development Area "F" if the use is Warehousing / Self -
Storage.
Max Commercial Floor Area: As permitted within the CS Zoning District and the US -169
Overlay District.
Min Lot Size: As permitted within the CS Zoning District and the US -169
Overlay District.
Min Lot Frontaee:
On North 145`1i East Ave.: Fifty feet (50'). The width of the drive aisle
Min Building Setbacks:
From North 145`x' East Ave.
From Dev Area "C ":
From Dev Area "D ":
From Dev Area "E ":
From Common Area:
to Development Area "F" will be no less than
twenty -four feet (24').
Fifty feet (50')
Ten feet (10')
Ten feet (10')
Ten feet (10')
Ten feet (10')
From OPUD -16 -06 Common Line: Ten feet (10')
Max Building Height: Twenty feet (20') for any Warehousing and Self- Storage
uses. Fifty feet (50') for all other uses, excluding
architectural features.
Other Bulk & Area Reg.: As permitted within the CS Zoning District and the US -169
Overlay District.
Freestanding Signage: As permitted within the CS Zoning District and the US -169
Overlay District; provided, that (i) no less than one (1)
freestanding sign shall be allowed along North 145`" East
Ave., and (ii) no less than sixty five square feet (65 sq. ft.) of
12
5422804.6:011399.00001
display area shall be allowed on each side of such
freestanding sign. As permitted within the CS Zoning
District and the US -169 Overlay District; provided, that no
less than one (1) freestanding sign shall be allowed along
North 137th East Ave. which shall be allowed no less than
twenty four square feet (24 sq. ft.) of display area on each
side of such freestanding sign.
To the extent any freestanding sign has a monument base,
such base shall be made of similar materials as the main
structure / building on the lot in compliance with the CS
Zoning District and the US -169 Overlay District.
The minimum sign setback shall comply with the current
Owasso zoning code.
Except as provided herein, all signage shall comply with the
Owasso Zoning/Sign Code and the US -169 Overlay District.
Building Signage: As permitted within the CS Zoning District and the US -169
Overlay District.
Access Point: The sole point of access to and from Development Area "F"
shall be on 145' East Avenue.
Other Standards: Any overhead doors utilized in connection with any
Warehousing and Self- Storage uses shall face the interior of
the Development Area.
Any fencing or screening utilized in connection with any
Warehousing and Self- Storage uses shall be in accordance
with the Zoning Code.
13
5422804.6:011399.00001
IX. Development Standards — Common Area:
Permitted Uses: Storm water detention and retention facilities, green belt
areas, walking trails, dog parks, and open space.
Min Lot Frontage: Zero feet (0')
Other Bulk & Area Rea.: As permitted within the CS Zoning District and the US -169
Overlay District.
Si na e: None.
Maintenance: The owner of Development Area "E" shall be responsible
for the maintenance and upkeep of the Common Area.
X. Landscapine and Open Space
Except as modified herein, landscaping shall be provided in accordance with "Chapter 19
— Landscaping, Screening and Fencing Requirements" and "Chapter 10 — Overlay
Districts, US -169 Overlay District" of the City of Owasso Zoning Ordinance.
Prior to final permitting approval for a particular lot, the owner shall submit a landscape
plan along with its proposed site plan for review and approval by the City of Owasso in
accordance with "Chapter 19 — Landscaping, Screening and Fencing Requirements" and
"Chapter 10 — Overlay Districts, US -169 Overlay District" of the City of Owasso Zoning
Ordinance.
XI. US -169 Overlay District
The PUD site is located in the US -169 Overlay District and shall meet all requirements of
"Chapter 10 — Overlay Districts, US -169 Overlay District" of the City of Owasso Zoning
Ordinance.
XII. Sidewalks
All sidewalks will meet the City of Owasso Zoning Ordinance and Subdivision
Regulations.
XIII. Sian Standards
Unless otherwise noted, signs shall be installed in accordance with "Section 10.614
Signage" of the Owasso Zoning Ordinance and the US -169 Overlay District.
For any signage other than as identified herein or allowed by Chapters 10 and 18 of the
Owasso Zoning Code, a Unified Sign Plan shall be required for any such additional / larger
signs without need of amendment to OPUD- 23 -02.
XIV. Schedule of Development
The initial development of The Reserves at Owasso is expected to commence after final
approval of the PUD, the platting of the property, and site plan approval.
14
5422804.6:011399.00001
XV. Right of Way Dedication
It is anticipated that additional right -of -way may need to be dedicated along public ways.
Such dedication shall be accomplished by way of the plat of the development.
XVI. Access Points
All access points within the development shall be shown on and approved as part of the
plat process and must conform to Owasso Zoning Code and City of Owasso engineering
criteria. In furtherance thereof:
Development Area "A" shall be limited to one (1) access point on North 137`h East
Avenue.
Development Area `B ", Development Area "C ", and Development Area "E" shall
be together allocated a total of two (2) access points on North 137' East Avenue.
Development Area "C ", Development Area "D ", and Development Area `B" shall
be together allocated a total of four (4) access points on East 106`h Street North.
Development Area "D" shall be allocated one (1) access point on North 145 °i East
Avenue.
Development Area "F" shall be limited to one (1) access point on North 145"' East
Avenue.
15
5422804.6:011399.0000 1
TO:
FROM:
SUBJECT:
DATE:
The Honorable Mayor and City Council
Wendy Kramer, City Planner
OPUD 23 -03 -The Vintage at Redbud
March 10, 2023
BACKGROUND:
The Community Development Department
application (OPUD 23-03) for The Vintage at
located near the southwestern corner of West
property is approximately 0.48 acres in size, a
and is within the Downtown Overlay District.
SUBJECT PROPERTY /PROJECT DATA:
received a Planned Unit Development (PUD)
Redbud, a proposed multifamily development
2nd Street and North Atlanta Street. The subject
nd is currently zoned Residential Multifamily (RM)
Property Size
0.48 acres +/-
Current Zoning
Residential Multifamily RM
Present Use
Vacant /Residential
Land Use Master Plan
Redbud District
Within PUD?
No
Within Overlay District?
Yes; Downtown Overlay
Water Provider
City of Owasso
Appilcable Paybacks
Assessed at Platting)
Storm Siren Fee ($50.00 per acre)
CONCEPT OF A PUD:
• A PUD is a development concept that allows for greater creativity and flexibility than
typically allowed under traditional zoning and planning practices.
o For example, PUDs often allow developers to place different zonings and land
uses in close proximity to each other.
o 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.
A PUD should not be considered as 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.
GROWASSO 2035 LAND USE MASTER PLAN CONSISTENCY:
• The GrOwasso 2035 Land Use Master Plan is a document that acts as a moderately flexible
tool for evaluating development proposals.
The GrOwasso 2035 Land
District which represents
including multifamily uses,
called out for this location.
ANALYSIS:
OPUD 23 -03
Page 2
Use Master Plan identifies the property as within the Redbud
an area targeted for future higher density housing uses,
so the proposed development is in keeping with the uses
• The conceptual development plan submitted for OPUD 23 -03 states that the applicant
intends to construct seven (7) duplex apartment buildings, for a total of fourteen (14)
dwelling units. However, the OPUD 23 -03 document proposes a maximum of sixteen (16)
dwelling units, offering a small amount of flexibility in the final design and density of the
property.
Per Section 10.12.17 of the Owasso Zoning Code, a PUD overlay is required for all
multifamily developments in excess of six (6) dwelling units within the Downtown Overlay
District.
The conceptual development plan limits the proposed development to one (1) curb cut
off of East 2nd Street. The applicant is considering rear access and additional street
parking.
o All portions of the subject property are currently platted, but will be required to be
replotted to reflect this new multifamily use. The exact location of said access
point will be determined at the replatting phase.
• A screening fence will be required to be located adjacent to any single - family uses, in
order to adequately screen the subject property from said residential uses.
• The conceptual site layout shows street parking along East 2nd Street as well as an
internal parking lot.
• A fully detailed landscape plan will be required to be submitted for City staff approval at
the time of site plan review for the development. All landscaping and off - street parking
will be required to meet the requirements identified in the Owasso Zoning Code.
• The City of Owasso will provide police, fire, ambulance, water and sanitary sewer
services to the subject property.
• Pending rezoning of the property, the applicant will need to submit both a replat and site
plans for the development on the property.
• Any development that occurs on the subject property shall adhere to all subdivision,
zoning, and engineering requirements of the City of Owasso.
SURROUNDING LAND USE:
Direction -
Zoning
Use
Land Use Plan
Jurisdiction
North
Residential Single-
Family RS -3
Multifamily
Redbud District
City of Owasso
South
Residential Multifamily
Multiplex/
Redbud District
City of Owasso
(RM)
Vacant
East
Residential Multifamily
Multiplexes
Redbud District
City of Owasso
West
Residential Multifamily
Place of
Redbud District
City of Owasso
(RM)
Worship
OPUD 23 -03
Page 3
PLANNING COMMISSION:
The Owasso Planning Commission will consider this item at their regular meeting on March 13,
2023.
ATTACHMENTS:
Aerial Map
Zoning Map
GrOwasso 2035 Land Use Master Plan Map
OPUD 23 -03 Document
OPUD 23-03
Miles OPUD 23 -03 N
The Vintage at Redbud
PLANNED UNIT DEVELOPMENT
City of Owasso, Oklahoma
A planned unit development consisting of designated Residential areas in the City of Owasso,
Tulsa County, Oklahoma.
Planned Unit Development #232303
Location:
The property located in the N/2 of the SW /4 of Section 30, Township 21 North, Range 14 East,
Tulsa County, Owasso, Oklahoma. Specially, the property is located on the east side of Main
Street on the south side of 2nd Street.
Date Prepared:
January 31, 2023
Owner
Tyner House
Tony Tyner
10951 E 176th St N
Collinsville, OK 74021
P: (918) 637 -3408
E: ttynerl (M yahoo. corn
Engineer
Gridline Engineering
David Henke, PE, CFM
29204 E 7011 St. S
Broken Arrow, Oklahoma
P:(314)435 -6302
E: davidCOgridlineenaineerina.com
Surveyor
Precision Surveying Services
Colt Larimore
9666 E Sycamore St.
Claremore, OK 74017
P: (918) 269 -7815
TABLE OF CONTENTS
Development Concept 2
Statistical Summary 2
Development Areas 2
Development Standards 3
Landscaping 9
Property Owner's Association 10
Signage 10
Appendix Maps:
Existing Conditions Plan 12
Hydrology Analysis Plan 13
Soil Analysis 14
Zoning Map 15
Legal Descriptions 16
Conceptual Site Layout 17
Conceptual Landscape Plan 18
Survey 19
The Vintage at Redbud — Planned Unit Development Page I 1
Owasso, Oklahoma
DEVELOPMENT CONCEPT
The Vintage at Redbud is a proposed Planned Unit Development (PUD) consisting of 0.48 acres
in Owasso, Oklahoma. The property is located 250 feet west of intersection of W. 2 "d Street and
N. Atlanta St. The site is generally characterized by relatively flat terrain sloping north to south.
There is currently no floodplain located onsite according to the FEMA Floodplain Maps. The site
will be control with localized drainage structures to control the storm water onsite in the post
developed conditions. Soil types found on -site are typical for the area and create no unusual
development problems that are not commonly encountered in most other area developments.
Overall, this site has excellent development possibilities due to its gentle terrain.
The Vintage at Redbud will feature Duplex Apartments Buildings within the lotted area. These
apartment buildings will be spaced throughout the site appropriately, maximizing green space
and parking. The development is consistent with the surrounding properties, with apartment
buildings in the north, east, and south adjoining properties. This PUD will help the subject
property be feasible for this development allowing for densities but protectingthe neighborhood
feel within the area.
STATISICAL SUMMARY
Total Planned Unit Development Area: ±0.48 gross acres
DEVELOPMENT AREAS
Residential Multi - Family (RM)
The RM (Residential Multi - Family) district is designed to permit the development and
preservation of multi - family dwelling types, such as apartments, garden apartments, and
townhouses, in suitable environments in a variety of densities to offer alternative housing
types for individuals and families.
Total Area:
Maximum Number of Units:
The Vintage at Redbud — Planned Unit Development
Owasso, Oklahoma
± 0.48 gross acres
16 Units
Page 12
DEVELOPMENT STANDARDS
Residential Multi - Family (RM):
Permitted Uses:
o All uses allowed by right in the RM Zoning District
Minimum Internal Landscape Open Space
Minimum Building Setbacks
Parking Ratio
Building Height
Screening and Buffering
15% of net area
Zero Lot Line
1.4 Spaces per Unit
<35 -ft
o Areas abutting developments outside of this PUD that are zoned Residential will require
some type of screening barrier between the properties. Berms in combination with
vegetation are encouraged, but fencing is allowed to achieve the desired result. Fences
shall consist of a wood, concrete, decorate metal, and /or masonry materials to match
the building's architectural look. Chain link fencing of any kind is not allowed.
o Screening for Building Systems Areas
Must consist of a wood, concrete, decorate metal, and /or masonry materials to
match the building's architectural look
o Fence screening is not required or recommended with in the inner boundaries of this
PUD area.
o A Privacy Fence will be required adjacent to all single - family uses.
The Vintage at Redbud — Planned Unit Development Page 13
Owasso, Oklahoma
Architectural:
Design shall evoke a modern architectural and landscape expression while providing users
with a variety of activities and opportunities. The geometry, composition, and final
articulation is to be based on a simple elegance of architectural details and style, but with
the utilization of a limited number of textures and material palettes. The overall goal is to
balance the use of buildings, paths, and parking areas with natural landscaping and water
features in an ecological and natural systems sensitivity while providing users with an
environment that provides the best design principles of simplicity, balance, unity, scale,
variety, and convenience.
LANDSCAPE REQUIREMENTS
The Landscaping concept is intended to achieve unity throughout the PUD as well as provide
an attractive view of the project from surrounding streets and neighborhoods. To achieve
continuity throughout the PUD, reference Chapter 10and 19 of the Cityof Owasso Zoning Code.
Prior to the issuance of an occupancy permit for a development area, plant materials and any
required screening fences shall be installed in conformity with a detailed landscape plan which
will have been submitted to and approved by the City of Owasso.
The Vintage at Redbud — Planned Unit Development Page 14
Owasso, Oklahoma
SIGNAGE
The Development proposes one 6 -foot monument sign shall be allowed internally in the
development and its location and placement will be determined at the time of platting and site
plan review. Except as noted herein, all signs shall conform to the current Owasso Sign
Ordinance of the Owasso Zoning Code (Chapter 18).
Signage must be back lit or have lights pointing directly at the sign. No video signage will be
allowed. All signage must be set in a landscape base
PLATTING REQUIREMENTS
No Building permit shall be issued until the property has been included within a subdivision plat
submitted to and approved by the Owasso Planning Commission and the Owasso City Council
and duty filed of record, provided, however, that development areas may be platted
separately. Restrictive covenants shall be established implementing of record the
Development Concept and Development Standards, and the City of Owasso shall be made a
beneficiary thereof.
Currently, the 3 existing lots shown in this proposed site are Platted in two separate Subdivision
Plats. This will require these lots to be Replatted.
The Vintage at Redbud — Planned Unit Development Page 1 5
Owasso, Oklahoma
APPENDIX INDEX:
APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
APPENDIX E
APPENDIX F
APPENDIX G
APPENDIX H
EXISTING CONDITIONS
HYDROLOGY ANALYSIS
SOIL ANALYSIS (PROVIDED BY USGS SOIL SURVEY)
ZONING MAP
LEGAL DESCRIPTIONS
CONCEPTUAL SITE LAYOUT
CONCEPTUAL LANDSCAPE PLAN
SURVEY
The Vintage at Redbud — Planned Unit Development Page 16
Owasso, Oklahoma
APPENDIX A - EXISTING CONDITIONS
The Vintage at Redbud — Planned Unit Development Page 17
Owasso, Oklahoma
APPENDIX B - HYDROLOGY ANALYSIS
The Vintage at Redbud — Planned Unit Development Page 18
Owasso, Oklahoma
APPENDIX C - SOIL ANALYSIS
The Vintage at Redbud — Planned Unit Development Page 19
Owasso, Oklahoma
APPENDIX C - SOIL ANALYSIS
The Vintage at Redbud — Planned Unit Development Page 19
Owasso, Oklahoma
APPENDIX D -ZONING MAP
The Vintage at Redbud — Planned Unit Development Page 1 10
Owasso, Oklahoma
APPENDIX E - LEGAL DESCRIPTIONS
RM ZONING AREA — LEGAL DESCRIPTION
The West 50 Feet of Lot Two (2), Block Twelve (12), Original Town of Owasso, Tulsa County, State of
Oklahoma, According to the Recorded Plat Thereof.
And
The East Fifty-five and One Half (55 %) feet of Lot Two (2), Block Twelve (12), Original Town of
Owasso, Tulsa County, State of Oklahoma, According to the Recorded Plat Thereof.
And
Lot One (1), Block Ten (10), Greenlees Addition, Tulsa County, State of Oklahoma According to the
Recorded Plat Thereof.
The Vintage at Redbud — Planned Unit Development Page 1 11
Owasso, Oklahoma
APPENDIX F - CONCEPTUAL SITE LAYOUT
The Vintage at Redhud — Planned Unit Development Page 1 12
Owasso, Oklahoma
APPENDIX G - CONCEPTUAL LANDSCAPE PLAN
The Vintage at Redbud — Planned Unit Development Page 113
Owasso, Oklahoma
APPENDIX H - SURVEY
The Vintage at Redhud — Planned Unit Development Page 1 14
Owasso, Oklahoma
PLAT Of SURVEY
OF
LOT 2 IN BLOCK 12
TOWN OF OWASSO
TULSA COUNTY, OKLAHOMA
0 10 20 40
FOUND 3/8 -IF W/ CAP
STAMPED PLS 1289
LEGAL DESCRIPTION
THE WEST SO FEET OF LOT TWO (2), BLOCK TWELVE (12). TOWN OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED
PLAT THEREOF.
AND
THE EAST FIFTY -FIVE AND ONE HALF (55 1/2) FEET OF LOT TWO (2). BLOCK TWELVE (12), TOWN OF OWASSO. TULSA COUNTY. STATE DF OKLAHOMA,
ACCORDING TO THE RECORDRO PLAT THEREOF.
SURVEYOR'S STATEMENT
I, JAMES COLT LARIMORE. A REGISTERED PROFESSIONAL SURVEYOR IN THE STATE OF OKLAHOMA HEREBY CERTFY THAT THE
ABOVE PUT REPRESENTS A BOUNDARY SURVEY. THE ABOVE PLAT REFLECTS ALL INSTRUMENTS THAT HAVE BEEN DISCLOSED
AND FURNISHED AT THE THE OF SURVEY. NO OPINION IS VERSED AS TO THE OWNERSHIP OF FENCES OR ANY OTHER C5,CNo.19N APPURTENANCES ON SAID PROPERTY. THIS PUT OF SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS ADOPTED BY THE STATE BOARD OF REOSTRATON FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS. NOTES 1. THIS LEGAL DESCRIPTON WAS PROMDED BY CLIENT AND BY: /� PREMOIISLY FILED IN THE RECORDS OF THE TULSA COUNTY CLERK. JAMES COLT URIMORE. RLS 81989 2. THIS FIRM WAS NOT CONTRACTED TO RESEARCH EASEMENTS OR DECEMBER 19 2022
ENCUMBRANCES OF RECORD. NO ATTEMPT TO RESEARCH THE DATE OF CERTIFICATON
COUNTY RECORDS OR OTHER RECORD OFFICES WAS PERFORMED
BY THIS FIRM. THEREFORE EASEMENTS MAY AFFECT THE SCALE:
SUBJECT TRACT THAT ARE NOT REFLECTED BY THIS PLAT.
3. ALL UNDERGROUND UTUTES MAY NOT BE SHOWN. SURVEY BY: JCL
4. THE BEARING BASE FOR THIS SURVEY IS THE OKUHOMA STATE sw c srcaawrrz
"A REMSION:
PLANE COORDINATE SYSTEM, NORTH ZONE
TO: The Honorable Chair and Trustees
Owasso Public Works Authority (OPWA)
FROM: Chris Garrett, Assistant City Manager
SUBJECT: Owasso Redbud District and Increment District No. 1
Development and Financing Agreement
DATE: March 10, 2023
BACKGROUND:
In December 2016, the OPWA created the Tax Increment Financing (TIF) District in the downtown
Owasso Redbud District area. On April 4, 2017, the OPWA 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 SAHO Properties, LLC, for development assistance on the
project known as the SAHO Animal Hospital Wellness Center and Pet Resort located at 401 West
2nd Avenue.
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 actual hard construction costs, if the project is completed
and issued the required Certificate of Occupancy, by June 30, 2023. The application anticipates
construction costs of $2,552,471.88. The contract further outlines obligations of the City and the
developer as required in approved TIF documents.
On February 6, 2023, the Review Committee met and voted unanimously to recommend approval
to the OPWA, finding that the project is eligible to receive TIF assistance.
FUTURE ACTION:
Staff intends to present the application for consideration at the March 21, 2023, OPWA meeting.
ATTACHMENTS:
Development and Financing Agreement with SAHO Properties, LLC
TIF Boundary MAP
DEVELOPMENT AND FINANCING AGREEMENT
BY AND BETWEEN
THE OWASSO PUBLIC WORKS AUTHORITY
AND
SAHO Properties, LLC
March , 2023
DEVELOPMENT AND FINANCING AGREEMENT
BY AND BETWEEN
THE OWASSO PUBLIC WORKS AUTHORITY AND
SAHO Properties, LLC
THIS DEVELOPMENT AND FINANCING AGREEMENT ( "Agreement") is made
on or as of this _ day of , 2023, by and between the Owasso Public Works Authority,
an Oklahoma public trust ( "Authority "), and SAHO Properties, LLC ( "Developer ").
WITNESSETH:
WHEREAS, the Authority was created by a Trust Indenture, dated as of the 10th 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 O.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
the beneficial interest of the Authority on behalf of tl
WHEREAS, the purposes of the Authority are
without the territorial limits of the City and to help
benefit and strengthen the economy of the City and ti
WHEREAS, in order to a
to provide funds for the costs
remodeling, improving, extend
disposing of or otherwise dealing
a resolution accepting
; and
to promote development within and
facilities and activities which will
tf Oklahoma; and
[`purposes, the Authority is empowered
sting, installing, equipping, repairing,
ining, operating, administering, and
and facilities; and
WHEREAS, the City has, approved the Owasso Redbud District Project Plan ( "Project
Plan ") by Ordinance 1:093, dated December 20, 2016, creating Increment District No. 1, the City
of Owasso an ad valorem and sates 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 to remodel an
existing office building to house a Veterinary Wellness Center and Pet Resort; add on a new central
entryway and approximately 5000 sq /ft building directly to the north of the existing building for
dog kennels /runs; an extensive, partially covered, fenced outdoor area to the north of new building
for dogs to go outside; and the existing parking on north end of property will be used for staff
parking.( "Project "); and
WHEREAS, the Developer owns real property, described and depicted on Exhibit 1,
attached hereto ( "Project Site "), which lies within the Project Area and Increment District, 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: -
SUBJECT
SECTION 1.01
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 Aereementt and
B. The Authority hereby agrees, subject to the terms and conditions hereinafter
provided, to provide to the Developer up to 12% of hard construction costs, limited to 90% of the
ad valorem increment revenues apportioned and actually received by the Authority under the
Project Plan that are generated by the Project, as provided under Section 4.02, 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 $2,552,471.88. The Project is a facility for pet wellness, boarding, daycare, and grooming in
the southern portion of the Redbud District. The Project will be a second location for SAHO in
Owasso and is strategically positioned on the way to the Tulsa International Airport for most of
existing clientele to drop pets off for boarding /daycare, and may stimulate additional private
development in that 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 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 Proiect Plan. The Authority shall support the Project in accordance with
the Project Plan and this Agreement.
SECTION 2.02 Certificate of Completion. Within
completed the construction of the Project, the Authority shall
of Completion, certifying that the Developer has met its cons
contained in this Agreement.
SECTION 2.03 Public Assistance. As authorize
terms, conditions, and limitations contained herein, thi
development financing to the Developer in an amount up
assistance is to support construction of the Project:
after the Developer has
to the Developer a Certificate
and development obligations
the Project Plan and subject to the
hority shall provide assistance in
% of hard construction costs. Such
SECTION 3.01 De§iRri Documents. The Developer shall provide to the City the
Development Plans and Specificatio ns 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. Remodel existing office building to house wellness center;
B. Add on new central entryway and approximately 5000 sq /ft building directly
north of existing building for dog kennels /runs;
C. Develop extensive, partially covered, fenced outdoor area to north of new building
for dogs to go outside; and
D. Existing parking to on the north end of property will be used by staff.
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.
ARTICLE IV
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
public improvements benefitting the Project.
SECTION 4.02 Payment Obligations. Bq
following completion of the Project, as indicated
Authority shall provide the Developer assistance
annual payments to the Developer of 90% of c
revenues generated by the Project, net of adini
Project Plan. Such payment obligation shall be
revenues collected from the Increment District.
Developer's payment of taxes ohilie Project Si
Project Site. Such payment obfgatioir shall. ttt
payments of assistance in development financing
the following events: (A)of hard cgnstrucl
the Increment District ends and all apportioned ii
inning on the first dayof the third quarter of year
)y issuance of the Certificate of Completion, the
in development financing in the form of direct
dlectedand apportioned ad valorem increment
istrative, costs and expenses authorized by the
)ayable`solely from apportioned tax increment
ach payment obligation is conditioned upon the
a and upon an increase in taxable value of the
exceed 12% of hard construction costs. The
;hall continue until the occurrence of the first of
Dn cost is paid, (B) December 31, 2039, or (C)
-rement has been expended.
SECTION 4.03 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.
SECTION 4.04 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 12%
of hard construction costs.
SECTION 4.05 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. The
Developer shall be 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; C,overnrnental 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, b6- required by law.
SECTION 5.05 Construction Schedule. Not later than June 30, 2023, 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 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
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, Cbtnpensation 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
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 fumish or cause to be furnished to the Authority evidence
satisfactory to the Authority that any contractor with whom it has contracted for the 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
when due all real estate taxes and
obligations of this Agreement, the
Site or any part thereof any uncon
or lien other than as expressly, dl
deemed to prohibit the Developer
encumbrance or lien, nor to Jim t tj
Encumbrances;: and Liens. The Developer shall pay
is on the Project Site. Prior to the performance of the
r shall not place or allow to be placed on the Project
hank's lien, any mortgage, trust deed, encumbrance
this Agreement. Nothing herein contained shall be
,sting the validity or amounts of any tax assessment,
:s available to the Developer in respect thereto.
SECTION 5.13;Prohibition Aeaitist 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 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.
interest to the Developer, shall be obligated to
landscaping situated on the Project Site in a clef
good repair in accordance with the Code.
A
The Developer, and alII successors and assigns in
maintaimtlie Project and all improvements and
n and neat condition and in a continuous state of
WARRANTIES
SECTION 6.01 Developer ftpr sentations 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
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
officer, employee or agent of the City or the Authority
obtaining this Agreement. The Developer further represent;
no officer, employee or agent of the City or the Authorit
functions or responsibilities with respect to the Project du
position to participate in a decision making process with reg
interest, direct or indirect, in any contract or subcontract, c
performed in connection with the Project, or in any activit;
the term of this Agreement.
),r, given and will not pay or give any
iy money or other consideration for
that, to its best knowledge and belief,
who exercises or has exercised any
ing his or her tenure, or who is in a
ird to the Project, has or will have any
the proceeds thereof, for work to be
or benefit therefrom, during or after
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'xespective dates thereof. There has been no material adverse
change in the financial conditiot'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 which by
federal, state, or local law, rule, regulation, or ordinance requires special handling in its collection,
storage, treatment, or disposal.
I 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 Chair, or in the Chair's absence, its Vice - Chair,
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
provision or constitute a default under any indenture, a;
Authority is currently bound or by which it is affected.
D. To the knowledge of the undersil
suit, proceeding or inquiry at law or in equity
wherein any unfavorable decision, ruling or
Authority's ability to perform under this Agreem
transaction contemplated herein to which the Au
VII
ement will not violate any
or instrument to which the
of the Authority, there is no action,
threatened, affecting the Authority
Id materially adversely affect the
any other instrument pertinent to the
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, aiy 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;
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
Specifications to the City, or the Developer
to the Authority, and, if any default or failure
demand by the Authority, then this Agreem(
the Authority, be terminated by written hotic,
the Developer shall have any furl
respect to the terminated portion
s to„ submit the Development Plans and
n evidence of financing capacity satisfactory
cured within 30 days after the date of written
;levant portion thereof, may, at the option of
the Developer, and, neither the Authority nor
)ility to the others under this Agreement with
SECTION 7.04 Completion by:
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
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 reasofiable 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 traiisportation; litigation; unusually severe weather; or any other
causes beyond the control or with the fault ofthe party claiming an extension of time to perform.
B. Times ofperforthance 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 Authoritv. 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.
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: SAHO Properties, LLC
12555 E 86 St N
Owasso, Oklahoma 74055
Attn: Chris Kelley
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: Cumu
to exercise and no delay in exercising any
shall any single or partial exercise by the E
further right thereof. The remedies herein p
SECTION 8.05 ,
without the prior written
may be assigned by the E
No failure on the part of the Authority
shall operate as a waiver thereof, nor
right hereunder preclude any other or
ulative and not alternative.
shall not be assignable by the Developer
rights and benefits under this Agreement
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.
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' 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 Agreem ent" 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 Agree n .,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 V
to be duly executed this
(SEAL)
ATTEST:
In
Secretary
F, the Developer and the Authority have caused this Agreement
of 2023.
OWASSO PUBLIC WORKS AUTHORITY
Kelly Lewis, Chair
SAHO Properties, LLC
ACKNOWLEDGEMENTS
STATE OF OKLAHOMA )
)SS:
COUNTY OF TULSA )
Chris Kelley, Authorized Member
The foregoing instrument was acknowledged before me this day of
2023 by Kelly Lewis, Chair 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 Seal)
STATE OF
COUNTY OF TULSA
The foregoing instrument was acknowledged before me this day of
2023, by Chris Kelley, Authorized Member of SAHO Properties, LLC, on
behalf of SAHO Properties, LLC.
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)
EXHIBIT 1
Location, Legal Description, and Map of the Project Site
Address: 401 W 2nd Ave
Legal Description: A tract of land that is part of Lot One (1) of The AMENDED PLAT OF
ATCHISON, TOPEKA AND SANTA FE, an Addition to the City of
Owasso, Tulsa county, State of Oklahoma, according to the recorded Plat
thereof, being more particularly described as follows, to -wit:
BEGINNING at the Southeast corner of said Lot 1; thence North 89°58'25"
West a distance of 239.18 feet; thence North 0 °05'05" East a distance of
466.28 feet; thence S 89°58'25" E a distance of 237.41 feet: thence S
0°07'56" E a distance of 466.28 feet to the POINT OF BEGINNING.
This AGREEMENT FOR ECONOMIC DEVELOPMENT PARTNERSHIP (hereafter
"Agreement ") is made and entered into this day of , 2023, by and
between the CITY OF OWASSO, OKLAHOMA, a municipal corporation ( "City" or "City of
Owasso "), and the OWASSO CHAMBER OF COMMERCE ( "Chamber "), a non - profit business
organization incorporated under the laws of the State of Oklahoma, with its principle office within
the limits of the City of Owasso, Oklahoma.
AGREEMENT PREAMBLE
WHEREAS, the City of Owasso and its citizens
business, industry, commerce, and the positive impact on th
and,
WHEREAS, the preservation and
businesses is in the best interest of the econ
community, and its citizens; and,
WHEREAS, workforce education and dev
legislative advocacy efforts serve ,.to enhance
environment of Owasso; and,
WHEREAS, the attraction o
economic well -being and economic
revenue of the City
WHEREAS, the
purpose forwl%ch`:public
of the cidti , of the bit
WHEREAS, the Owa
businesses, ` <people, and cone
environment th ' ,attracts, crea
for the City of Owasso and its
WHEREAS, both;Ahe
consolidated, pro - active appro
City
from the existence of retail
iy of the City and its citizens;
exist ifig industry, commerce and
of the :city of Owasso, its business
rt of ali"local businesses; and
and economic, development
businesses is important to the
lasso and its citizens; and,
is essential to increase the
economic development is a proper public
iote the general health, safety and welfare
and,
ber of Commerce is a non - profit organization of Owasso
tens of Owasso, working cooperatively to promote an
nlfauces business and economic growth and development
and,
Y of Owasso and Chamber recognize the opportunity for a
to promote economic development in the City of Owasso; and,
WHEREAS, the City is desirous of contracting with the Chamber to promote and execute
the City of Owasso's Economic Development Strategic Plan to create enhanced value and
opportunity for the City and its citizens.
NOW, THEREFORE, in consideration of the covenants and mutual promises stated in this
Agreement, and in furtherance of the above recitals, the City and Chamber agree as follows:
TERMS OF THE AGREEMENT
1. VALID CONSIDERATION. The City contracts with Chamber to perform certain
economic development services for the benefit of the City, and the Chamber accepts such
engagement, pursuant to the Terms of the Agreement. Both the City and Chamber acknowledge
and agree that mutual valid consideration is provided by each party to the other under this
Agreement.
2. SCOPE of SERVICES. The scope of services to be provided by the Chamber under
this Agreement includes, but is not limited to, the following:
A. Partnering with the City to make tli s ri t efficient use of the City and
Chamber's combined economic development resources and abilities;
B. Executing the City of Ow
strengthen Owasso's valu
Owasso, and to market;:Oj
growth and development ,o
within the City of Owasso';
C. Regularly re
Economic I
development
193
to
Economic Development Strategic Plan to
iposition, grow:; and recruit businesses to
i to promote, sl m late, and encourage the
retail, commercial, and;industrial resources
rieriling updates to the City of Owasso
egic <Plan for comprehensive economic
ty of Owasso fence -line;
serve jobs for the citizens of
jobs and new employment
education and information about issues,
City of Owasso;
F. Expanding the:';ecpnomic base of Owasso by seeking diversification of
G.' - Encouraging and assisting existing industry to maintain or expand
loyment opportunities;
H. an aggressive marketing program, as funds permit, to attract
new investment to Owasso;
I. Providing marketing materials as appropriate, commensurate with funding,
to those individuals and entities evaluating Owasso for future and further
investment and resulting economic impact;
J. Developing, programming, coordinating, and hosting Owasso's annual
Economic Summit;
2
K. Administering the Redbud District website and coordinating marketing and
development efforts within the Redbud District;
L. Performing such other economic development duties as are necessary to the
benefit of Owasso and the market area.
3. PROPER STAFFING. The Chamber shall provide all necessary administrative
support to carry out the duties set forth in above Paragraph 2 and its sub -parts, including but not
limited to adequate staff, office space, and equipment within the context of its funding and budget.
4. SEPARATE ENTITY ACKNOWLEDGEMENT. T
that the Chamber is its own separate legal entity which oper
by its own Board of Directors and corporate by -laws. The Ch"
board of the City of Owasso, and it is expressly underst6' 9d`i
its duties under this Agreement, the Chamber is acting as an
and not as an agent of the City.
5. COMPENSATION FOR SERVICES;
services provided under this Agreement by the
provide the Chamber as follows:
:y and Chamber acknowledge
idependently, and is governed
is not an extension or advisory
eed that in the performance of
indent contractor of the City,
for the economic development
City agrees!fU,.compensate and
A. The City shall pay'the Chamber an annual amount of Two Hundred Thirty
Thousand Dollars($230 000), payable':, thly in equal 1/12 installments,
dependent upon the contmued employmentof Chelsea Levo Feary as the
Presrdent- Chief Executive Officer of the Chamber. If, for any reason,
ChelseaLevo, Feary ceases to hold i §l position with the Chamber prior to
'the.expiratlonpf the one,6 "term oftkiis `Agreement, this Agreement shall
immediatelyterminate. Notwithstanding the above, the City shall pay the
monthly amount described herein for a full two (2) month period following
any such fermmahon In addition, the City and Chamber may enter into a
new agreement subsequent to the hiring of a new Chamber President -Chief
Executive Officer, if both parties are desirous of continuing the contractual
relatlolship confeinplated in the Agreement.
It is understood that prospects for commercial or industrial development
projects may request information of the Chamber about development
guidelinesor possible incentives. The Chamber President -Chief Executive
Officer will accommodate all such requests by directing potential
developefs /investors to the appropriate City of Owasso contacts and/or will
guide all such prospects to file application for any incentives through the
City's incentive application process. The Chamber may use its own cash
reserve balance to provide incentives with no direction from the Owasso
City Council.
C. The City and Chamber may consider jointly participating together in the
pursuit and funding of economic development infrastructure grants and
developments, at the discretion of Chamber and the City. For grants in
which the allocated funding is limited to design or engineering costs, the
Chamber shall bear sole responsibility for any matching portion required
under the terms of the grant and shall receive the full amount of the grant.
D. The Chamber shall be responsible for providing requested information or
documentation regarding any grant or incentive involving the City.
E. The City may allow the Chamber to use available City Hall space, when
necessary and available, to host meetings or gatherings in furtherance of
the Chamber's economic development efforts on behalf of Owasso and its
citizens.
F. As additional compensation, the
1. lease the building currently leased;by the Chamber, at the below
market rate of Six HundreC, ifty'- Eight'Dollars and Thirty -Three Cents
($658.33) per month, and, '
2. financially contribute (in lieu of Chamber „membership dues)
towards the City and Chamber''s joint participation in the Tulsa Home and
Garden Show in the amount`ofr$1,50.0:0:0'i”
6. FINANCIAL DISCLOSURE:,The Chamber st all continue to be solely responsible for
the maintenance of its full books of accountsiziwith correct entries of all expenditures in the
administration of this Agreement and rts normat z business operations. The Chamber's books of
accounts shall remain the pxoperty of the 'Chamber.?The Chambershall continue its practice of
engaging an independent accoilptant to perforin anannual financial audit and prepare a written
report of the same, which report shallbe open to tha inspecriori oche City upon reasonable notice.
7. STATUS UPDATES The Chamber President -Chief Executive Officer shall provide
tes to the Crty i IV) ager. `or, .his/her designee and quarterly presentations to the
monthly upda
Owasso Economic 56?elopm&it Authority regardirig`'economic development activities and the
Chamber's; progress in meeting , e,,goals and zobjectives identified in Paragraph 2 of this
Agreemenf.: he Chamber President Chief Executive Officer shall make an annual presentation
to the City Council. The Chamber President -Chief Executive Officer may also be called upon and
Will make additional presentations) to th6'City Council, only if deemed necessary by the City
Manager.
8. ANNUAE WRITTEN REPORT. The Chamber shall furnish an annual detailed written
report ( "Annual Report") to the`City which states accurately the progress made in implementing
the goals and objectives outlined under this Agreement. The President -Chief Executive Officer of
the Chamber shall present the Annual Report to the City Council as deemed necessary by the City
Manager, and will be prepared to discuss the Report with the City Council, to explain the
Chamber's economic development activities under this Agreement.
9. HOLD HARMLESS. The Chamber assumes full and complete liability for the
actions of its officers, employees, and agents, and agrees to hold the City harmless from any claim
for damages resulting from the actions of Chamber, its officers, employees, and agents.
rd
10. CHAMBER BOARD OF DIRECTORS. The Mayor of the City may appoint himself or
herself, or a fellow member of the City Council of the City, to serve as a voting member of the
Board of Directors of the Chamber for a term comprising the length of this Agreement. The City
Manager of the City shall continue to serve as a non - voting, ex- officio member of the Board of
Directors of the Chamber, in a representative capacity on behalf of the City and the Owasso
Economic Development Authority. The City Manager shall not cast any vote, but shall serve in
an advisory capacity and as a full participant in Board discussions.
11. LEGAL COMPLIANCE. The Chamber agrees to take any steps necessary to amend
its by -laws, if necessary, to comply with its duties and obligations under this Agreement. The City
enters into this Agreement under authority of OKLA. STAT. tit ;l'sT, §22 -101.
12. TERM. The term of this Agreement is
90 days prior to the expiration of the Agreement Te
Chamber shall meet and confer regarding the de
agreement, and, if necessary, will review and cons
changes to effectuate the official considerationand
timely fashion.
13. AMENDMENTS. The
agreement of the City and Chamt
approved and executed by the gov
14. OFFICIAL NOTICE. Written'>
be deemed properly given or served on
requested, to the City;at the follovy}ng addr
Main Street, Owasso, OK 74055; and to the
of Commerce, ATTNi'Qbamber President,
of
for.bhe year ( "Agreement Term"). At least
rm :des griated,representatives of the City and
sirability of entering into a new one-year
icier any proposed;or necessary substantive
adoption of a newone -year agreement in a
e amended from time to furie by the mutual
yari endmem shall become effective when
ie Cif ,and Chamber.
notices required or authorized by this Agreement shall
the City rf mailed vi' a certified mail, return receipt
ess,, Cityof Owasso, ATTN: City Manager, 200 South
Chamber at the following address, Owasso Chamber
315 South Cedar Street, Owasso, OK 74055.
15 - DISCRIMINATION The City Arid Chamber covenant and agree that (1) no
person on the'ground o race, color, . sex, religion, -nail al origin, age (40 +), or disability shall be
excluded ;from participation ` in, denied the beneft:of, or otherwise be subjected to discrimination
under the terms of this Agreement, and:(2) that in carrying out the terms and conditions of this
Agreement,.,' rio person shall bi subjectedto. discrimination on the basis of their inclusion in one
men
of the aforetioned classes protected under federal law.
16. LEGaT;;COMPLIXNCE. The Chamber agrees to conduct its business under this
Agreement in compliar{ with federal, state, or local laws, ordinances, or regulations applicable
to the conduct of its operatorisunder the terms of this Agreement.
17. CONTRACT INTERPRETATION. The City and Chamber acknowledge that they have
mutually participated in drafting this Agreement; have reviewed the terms of this Agreement with
their respective legal counsel; and, accordingly, agree that the rule of contract interpretation (that
contracts shall be construed against the drafter) does not and shall not apply in the event of any
dispute requiring the interpretation and enforcement of this Agreement.
18. SURVIVAL CLAUSE. In the event any provision or portion of a provision of this
Agreement is found by a court of competent jurisdiction to be void, voidable, or for any reason
unenforceable, the City and Chamber agree that the remaining portions shall remain in full force
and effect.
19. MULTIPLE SIGNATURE PAGES. This Agreement may be executed in duplicate
counterparts, each of which shall be deemed an original.
20. CHOICE OF LAW AND VENUE. This Agreement is governed by the laws of the State
of Oklahoma. The City and Chamber agree that jurisdiction and venue for any dispute between
the parties or arising under this Agreement shall be exclusively in the state or federal courts
serving Tulsa County, Oklahoma.
21. NON - ASSIGNABILITY. This Agreement is nori- assignable.
IT IS THEREFORE AGREED TO AND ENTERED `THIS day of March, 2023.
Lewis,
ATTEST:
Juliann M. Stevens, City Clerk
Total Monthly Sales Tax comparisons
City of Owasso
Total Monthly Sales Tax Revenues
Last Five Fiscal Years
"Sales tax increase from 3.6% to 4.05% (551100) for street improvements in 2017.
2022 -2023
2021 -2022
2020 -2021
2019 -2020
2018 -2019
Jul
$3,859,805
$ 3,440,377
$ 3,464,240
$ 3,005,671
$ 2,998,609
Aug
3,888,306
3,558,829
3,386,133
2,968,434
2,920,263
Sep
3,743,687
3,522,962
3,227,732
2,969,838
2,810,048
Oct
3,767,889
3,653,860
3,093,584
3,067,281
2,899,646
Nov
3,750,140
3,443,276
3,162,417
2,855,219
2,753,335
Dec
3,854,603
3,538,043
3,214,507
3,105,262
2,858,066
Jan
4,145,010
3,890,744
3,466,684
3,399,527
3,330,435
Feb
4,055,635
4,033,475
3,406,382
3,294,059
3,132,584
Mar
3,334,731
2,990,573
2,987,980
2,677,677
2,523,512
Apr
3,491,187
2,803,716
2,845,063
2,723,563
May
3,726,630
3,596,560
2,953,020
2,945,503
Jun
3,678,903
3,714,051
2,907,154
3,046,140
$ 34,399,807
$42,968,861
$39,523,987
$ 36,048,205
$ 34,941,703
"Sales tax increase from 3.6% to 4.05% (551100) for street improvements in 2017.
City of Owasso
Total Sales Tax Report
Budget to Actual Comparison
March 9, 2023
Apr
May
Jun
Totals $ 34,399,807 78.3% $ 32,904,935 74.9% $ 1,494,872 4.5%
2022 -23
2022 -23
Actual Collections
Budget Projections
Over (Under) Projection
Amount
Percent
Amount
Percent
Amount
Percent
Jul
$ 3,859,805
8.8%
$ 3,671,244
8.4%
$ 188,561
5.1%
Aug
3,888,306
8.9%
3,672,395
8.4%
215,910
5.9%
Sep
3,743,687
8.5%
3,600,949
8.2%
142,738
4.0%
Oct
3,767,889
8.6%
3,635,843
8.3%
132,046
3.6%
Nov
3,750,140
8.5%
3,504,774
8.0%
245,366
7.0%
Dec
3,854,603
8.8%
3,651,804
8.3%
202,799
5.6%
Jan
4,145,010
9.4%
3,984,890
9.1%
160,120
4.0%
Feb
4,055,635
9.2%
3,976,355
9.1%
79,281
2.0%
Mar
3,334,731
7.6%
3,206,681
7.3%
128,050
4.0%
Apr
May
Jun
Totals $ 34,399,807 78.3% $ 32,904,935 74.9% $ 1,494,872 4.5%
City of Owasso
Total Sales Tax Report
Two Year Comparison
March 9, 2023
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
2022 -23
2021 -22
Increase or (Decrease)
Percent
Percent
Amount
of Budget
Amount
of Actual
Amount
Percent
$ 3,859,805
8.8%
$ 3,440,377
8.0%
$ 419,428
12.2%
3,888,306
8.9%
3,558,829
8.3%
329,477
9.3%
3,743,687
8.5%
3,522,962
8.2%
220,725
6.3%
3,767,869
8.6%
3,653,860
8.5%
114,029
3.1%
3,750,140
8.5%
3,443,276
8.0%
306,864
8.9%
3,854,603
8.8%
3,538,043
8.2%
316,560
8.9%
4,145,010
9.4%
3,890,744
9.1%
254,266
6.5%
4,055,635
9.2%
4,033,475
9.4%
22,160
0.5%
3,334,731
7.6%
2,990,573
7.0%
344,158
11.5%
Totals $34,399,807 78.3% $32,072,139 74.6% $ 2,327,668 7.3%
Note: Fiscal Year 2023 Sales Tax Budget is $43.913 million; FY'22 budget was $37.490 million.
City of Owasso
Monthly Use Tax Revenues
Last Five Fiscal Years
Fiscal Year 2023 Use Tax Budget is $4,600,000
2022 -2023
2021 -2022
2020 -2021
2019 -2020
2018 -2019
Jul
$ 401,124
$ 326,360
$ 320,463
$ 224,427
$ 107,929
Aug
363,566
404,700
308,877
213,728
134,957
Sep
425,319
318,417
319,035
258,541
237,044
Oct
357,484
392,609
322,295
211,009
177,983
Nov
406,252
339,020
325,866
212,040
151,865
Dec
422,765
368,226
353,105
226,537
193,866
Jan
478,272
487,449
406,969
280,550
265,379
Feb
574,438
509,782
493,847
404,153
290,595
Mar
378,203
330,651
291,099
187,882
140,226
Apr
310,281
286,867
233,275
173,422
May
390,745
439,483
257,842
201,224
Jun
348,589
316,929
321,127
192,601
$3,807,424
$4,526,849
$4,184,835
$3,031,109
$2,267,091
Fiscal Year 2023 Use Tax Budget is $4,600,000
City of Owasso
Total Use Tax Report
Two Year Comparison
March 9, 2023
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
2022 -23 2021 -22
Percent Percent
Amount of Budget
$ 401,124
8.7%
363,566
7.9%
425,319
9.2%
357,484
7.8%
406,252
8.8%
422,765
9.2%
478,272
10.4%
574,438
12.5%
378,203
8.2%
Amount of Actual
$ 326,380
7.2%
404,700
8.9%
318,417
7.0%
392,609
8.7%
339,020
7.5%
368,226
8.1%
487,449
10.8%
509,782
11.3%
330,651
7.3%
Increase or (Decrease)
Amount Percent
$ 74,744
22,9%
(41,134)
-10.2%
106,902
33.6%
(35,125)
-8.9%
67,232
19.8%
54,540
14.8%
(9,177)
-1.9%
64,655
12.7%
47,552
14.4%
Totals $ 3,807,424 82.8% $ 3,477,234 76.8% $ 330,190 9.5%