HomeMy WebLinkAbout1209_Amend Part 7 Ch 2_Calling Election 55/100thsTulsa County Clerk - MICHAEL WILLIS
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cnr OF OWASSO, OKLAHOMA
ORDINANCE 1209 - Amended
AN ORDINANCE AMENDING THE PROVISIONS OF PART 7, FINANCE AND
TAXATION, CHAPTER 2, SALES TAX, SECTION 7 -206, EFFECTIVE DATE, SECTION
7 -207, PURPOSE OF REVENUES AND SECTION 7 -208 TAX RATES; SALES SUBJECT
TO TAX, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO,
OKLAHOMA, BY REMOVING THE EXPIRATION DATE FOR COLLECTING THE TAX
OF FIFTY -FIVE HUNDREDTHS PERCENT (0.55 %) LEVIED AND ASSESSED UPON
THE GROSS PROCEEDS OR GROSS RECEIPTS DERIVED THEREFROM; PROVIDING
FOR REQUIREMENT OF APPROVAL BY A MAJORITY OF THE QUALIFIED
REGISTERED VOTERS VOTING AT AN ELECTION HELD FOR SUCH PURPOSES AS
PROVIDED BY LAW; PROVIDING PROVISIONS SEVERABLE; AND DECLARING
AN EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT, TO WIT:
The Owasso Code of Ordinances, Part 7, Finance and Taxation, Chapter 2, Sales Tax,
Section 7 -206, Effective Date, Section 7 -207, Purpose of Revenues, and Section 7 -208, Tax
Rates; Sales Subject to Tax, shall be amended as follows:
SECTION ONE (1): Section 7 -206 shall be amended to read as follows:
SECTION 7 -206 EFFECTIVE DATE
The amended provisions of this Ordinance shall become effective on and after
December 31, 2023.
SECTION TWO (2): Section 7 -207 shall be amended to read as follows:
SECTION 7 -207 PURPOSE OF REVENUES
1. It is hereby declared to be the purpose of the first and second cent sales taxes to
provide revenues for the support of the functions of municipal government of the city.
2. It is hereby declared to be the purpose of the third cent tax to provide revenues to
finance or fund capital projects and related costs, to include debt service on obligations
issued to finance said capital projects; said projects to be reviewed by the Capital
Improvements Committee, approved by the City Council by resolution, with oversight
given by the Citizens' Watchdog Committee established by the City Council, and subject
to competitive bidding as required by law.
3. It is hereby declared to be the purpose of the one -half cent tax to provide revenues
to fund appropriations as follows:
A. Thirty -five percent (35 %) of the one -half cent tax shall be restricted
to Owasso Police Services;
B. Thirty -five percent (35 %) of the one -half cent tax shall be restricted
to Owasso Fire Services, and
Ordinance 1209 - Amended
Page 7 of 2
C. Thirty percent (30 %) of the one -half cent tax shall be restricted to
Owasso Street Department.
4. It is hereby declared to be the purpose of fifty -five hundredths (0.55) of one cent tax
to provide revenues to fund street improvements, adjoining infrastructure, right -of -way,
sidewalks and trails, to include debt service on obligations issued to finance said
improvements.
SECTION THREE (3): Section 7 -208 shall be amended to read as follows:
SECTION 7 -208 TAX RATE: SALES SUBJECT TO TAX
There is hereby levied a tax of four and five hundredths percent (4.05 %) upon the gross
proceeds or gross receipts derived from all sales taxable under the Oklahoma Sales Tax
Code including any and all amendments to and revisions thereof.
SECTION FOUR (4): PAYMENT OF TAX
The tax levied by this Ordinance shall be paid to the Oklahoma Tax Commission in the
manner and form prescribed by state sales tax law of the State of Oklahoma.
SECTION FIVE f5): REPEALER
All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed
to the extent of the conflict only.
SECTION SIX (6): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective,
the remaining portions shall not be affected and shall remain in full force and effect.
SECTION SEVEN (7): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended as shown above and
codified in Part 7, Chapter 2, Section 7 -206, 7 -207 and 7 -208,
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TO FORM:
Lombardi, City Attorney
Ordinance 1209- Amended
Page 2 of 2
PASSED AND ADOPTED this 5th day of September, 2023.
Kelly Lewis ayor
SAPPROVED By COUNCIL
d
SEP 0 5 2023
TO: The Honorable Mayor and City Council
FROM: Juliann M. Stevens, City Clerk
SUBJECT: Ordinance 1209 - Amended (55 /100ths Sales Tax Election)
DATE: August 31, 2023
PROPOSED ACTION:
Staff is seeking City Council consideration and action related to an amendment to Ordinance
1209, amending Part 7, Finance and Taxation, Chapter 2, Sales Tax, Section 7 -206, Effective Date,
Section 7- 207.4, Purpose of Revenues, and Section 7 -208, Tax Rates, Sales Subject to Tax.
BACKGROUND:
• On May 2, 2023, the City Council adopted Ordinance 1209, to remove the December 31,
2023 expiration date of the fifty -five hundredths (0:55 %) of one cent portion of the City's
total sales tax and restrict the use of said funds for street improvements, adjoining
infrastructure, right -of -way, sidewalks and trails.
• Under Section 7 -206, Effective Date, the Ordinance reads "subject to approval by a
majority of the qualified electors of the City..."
• At an election held August 8, 2023, voters approved Ordinance 1209. Both Tulsa County
and Rogers County Election Boards have provided their official certificate of votes.
• The proposed amendment to Ordinance 1209 removes the language "subject to
approval by a majority of the qualified electors of the City..." and solidifies the effective
date of on and after December 31, 2023.
RECOMMENDATION:
Staff recommends adoption of Ordinance 1209 - Amended.
ATTACHMENTS:
Ordinance 1209- Amended
Official Certificate of Votes
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1209
AN ORDINANCE AMENDING THE PROVISIONS OF PART 7, FINANCE AND
TAXATION, CHAPTER 2, SALES TAX, SECTION 7 -206, EFFECTIVE DATE, SECTION
7 -207, PURPOSE OF REVENUES AND SECTION 7 -208 TAX RATES; SALES SUBJECT
TO TAX, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO,
OKLAHOMA, BY REMOVING THE EXPIRATION DATE FOR COLLECTING THE TAX
OF FIFTY -FIVE HUNDREDTHS PERCENT (0.55 %) LEVIED AND ASSESSED UPON
THE GROSS PROCEEDS OR GROSS RECEIPTS DERIVED THEREFROM; PROVIDING
FOR REQUIREMENT OF APPROVAL BY A MAJORITY OF THE QUALIFIED
REGISTERED VOTERS VOTING AT AN ELECTION HELD FOR SUCH PURPOSES AS
PROVIDED BY LAW; PROVIDING PROVISIONS SEVERABLE; AND DECLARING
AN EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT, TO WIT:
The Owasso Code of Ordinances, Part 7, Finance and Taxation, Chapter 2, Sales Tax,
Section 7 -206, Effective Date, Section 7 -207, Purpose of Revenues, and Section 7 -208, Tax
Rates; Sales Subject to Tax, shall be amended as follows:
SECTION ONE (1): Section 7 -206 shall be amended to read as follows:
SECTION 7 -206 EFFECTIVE DATE
The amended provisions of this Ordinance shall become effective on and after
December 31, 2023, subject to approval by a majority of the qualified electors of the City
voting on the same in the manner prescribed by law.
SECTION TWO (2): Section 7 -207 shall be amended to read as follows:
SECTION 7 -207 PURPOSE OF REVENUES
1. It is hereby declared to be the purpose of the first and second cent sales taxes to
provide revenues for the support of the functions of municipal government of the city.
2. It is hereby declared to be the purpose of the third cent tax to provide revenues to
finance or fund capital projects and related costs, to include debt service on obligations
issued to finance said capital projects; said projects to be reviewed by the Capital
Improvements Committee, approved by the City Council by resolution, with oversight
given by the Citizens' Watchdog Committee established by the City Council, and subject
to competitive bidding as required by law.
3. It is hereby declared to be the purpose of the one -half cent tax to provide revenues
to fund appropriations as follows:
A. Thirty -five percent (35 %) of the one -half cent tax shall be restricted
to Owasso Police Services;
B. Thirty -five percent (35 %) of the one -half cent tax shall be restricted
to Owasso Fire Services, and
C. Thirty percent (30 %) of the one -half cent tax shall be restricted to
Owasso Street Department.
4. It is hereby declared to be the purpose of fifty -five hundredths (0.55) of one cent tax
to provide revenues to fund street improvements, adjoining infrastructure, right -of -way,
sidewalks and trails, to include debt service on obligations issued to finance said
improvements.
SECTION THREE (31: Section 7 -208 shall be amended to read as follows:
SECTION 7 -208 TAX RATE; SALES SUBJECT TO TAX
There is hereby levied a tax of four and five hundredths percent (4.05 %) upon the gross
proceeds or gross receipts derived from all sales taxable under the Oklahoma Sales Tax
Code including any and all amendments to and revisions thereof.
SECTION FOUR (4): PAYMENT OF TAX
The fax levied by this Ordinance shall be paid to the Oklahoma Tax Commission in the
manner and form prescribed by state sales tax law of the State of Oklahoma.
SECTION FIVE (5): REPEALER
All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed
to the extent of the conflict only.
SECTION SIX (6): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective,
the remaining portions shall not be affected and shall remain in full force and effect.
SECTION SEVEN (7): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended as shown above and
codified in Part 7, Chapter 2, Section 7 -206, 7 -207 and 7 -208.
PASSED AND ADOPTED this 2nd day of May, 2023.
Alvin Frugo, Vice Mayor for Kelly Lewis, Mayor
ATTEST: JuIiann M. Stevens, City Clerk
(SEAL)
APPROVED AS TO FORM: Julie Lombardi, City Attorney
RTER
AFFIDAVIT OF PUBLICATION
Owasso Reporter
202 E 2nd Ave
(918) 272 -1155
I, Bailee Liston, of lawful age, being duly sworn upon oath depose and say that I
am an agent of Column Software, PBC, duly appointed and authorized agent of
the Publisher of Owasso Reporter, a publication that is a "legal newspaper" as
that phrase is defined for the city of Owasso, for the County of Tulsa, in the state
of Oklahoma, that this affidavit is Page 1 of 2 with the full text of the sworn -to
notice set forth on the pages that follow, and that the attachment hereto contains
the correct copy of what was published in said legal newspaper in consecutive
issues on the following dates:
PUBLICATION DATES:
Sep. 13, 2023
Sep. 20, 2023
Notice ID: zfzsnimSBDcBFzmQOImZ
Publisher ID: 43979
Notice Name: ORDINANCE 1209 - Amended
PUBLICATION FEE: $213.70
I state under penalty of perjury under the laws of Oklahoma that the foregoing is
true and correct.
.iZaz ePi .4 Lt �
Agent
VERIFICATION
State of Florida
County of Charlotte
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Notary Public - State of Flori fa
CommiWon 4 HH13W3
%91 4 Expires on MaY27,2025
Signed or attested before me on this: 09/20/2023
Notary Pu�lic
Notarize online using audio -video communication
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ORDINANCE 1209- Amended - Page 1 of 2
Published in the Owasso Reporter, Owasso Tulsa County, Oklahoma,
September 13, 20, 2623
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1209- Amended
AN ORDINANCE AMENDING THE PROVISIONS OF PART 7, FINANCE
AND TAXATION, CHAPTER 2, SALES TAX, SECTION 7 -206, EFFECTIVE
DATE. SECTION 7.207, PURPOSE OF REVENUES AND SECTION 7 -205
TAX RATES; SALES SUBJECT TO TAX. OF THE CODE OF ORDINANCES
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, THAT. TO WIT:
The Owasso Code of Ordinances, Pan 7, Finance and Taxation, Chapter 2,
Sales Tax, Section 7 -206, Effective Date, Section 7 -207, Purpose of Reve
nues and Section 7 -208, Tax Rates; Sales Subject to Tax, shall be amended
as Glows:
SECTION ONE (1): Section 7 -206 shall be amended to read as follows:
SECRON -7106 EFFECTME.DATE
The amended provisions or this Ordinance shall become effective on and
after December 31, 2023.
SECTIONTWO(2); Section 7 -207 shall be amended to read as follows:
SECTION 7207 PURPOSE OF REVENUES
1. It is hereby declared to be the purpose of the first and second cent sales
taxes to provide revenues for the support of the functions of nxuticipal gow
erament ' ' h e say
2. If is hereby declared to be the purpose of the third cent tax to provide rev
enues to finance or fund capital rojeels and related touts, to include debt
service on obligations Issued to Rnance said capital projects; said projects
to be reviewed Uy the Capital Improvements Committee, approved by the
City Council by resolution, with oversight .[liven by the Citizens' Watchdog
Committee established by the City Council, and subject to competitive bid-
ding as required byy law.
3. it is hauel decfared to be the purvose of the one-half cent tax to provide
revenues to fund appropriations as follows:
A. Thirty -hue percent (35 0) of the one -half cent tax shall be
resticteI to Owasso Police Services;
B. Thirty -five percent (35 e) of the one-half cent tax shall be
restricted to Owasso Flre Services, and
C. Thirty percent (30%) of the one -half cent tax shall be
restricted to Owasso Street Department.
4. It is hereby declared to be the purpose of fifty-five hundredths (0.55) of
one cent tax to provide revenues to fund street improvements, adjoining
infrastructure, right -of -way, sidewalks and trails, to Include debt service on
read as follows:
levied a tax of four and five hundredths percent (405 %)
iroceeds or gross teceipis derived from all sales taxable
Ima Sales Tax Code including any and all amendments to
rest.
(4); PAYMENTOFSAX
this Ordinance shall be paid to the Oklahoma Tax Commis -
et and farm prescribed by state sales tax law of the State
with this ordinance are
deemed unconstitutional Invalid or
not be affected and shalt remain in
The City of Owasso Code of Ordinances is hereby amended as shown above
and codified in Part 7, Chapter 2, Section 7-206,Y207 and 7 -208.
PASSED AND ADOPTED this 5th day of September, 2023. /s /Kelly Lewis,
Mayor
ATTEST: 7s/ Juliann M. Stevens, City Clerk
APPROVED AS TO FORM: 7s/ Julie Lombardi, City Attorney
LPXLP
ORDINANCE 1209 - Amended - Page 2 of 2