HomeMy WebLinkAbout1238_Closing Right-of-way_Block 14 Original Townsite of Owassooff'"TOE Tulsa County Clerk - MICHAEL WILLIS
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• � 6� Doc #: 2025086406 Page(s): 3
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Receipt #: 2025-45507
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CITY OF OWASSO, OKLAHOMA
ORDINANCE 1238
AN ORDINANCE CLOSING TO THE PUBLIC USE AN ALLEYWAY LOCATED NEAR 103
WEST BROADWAY STREET, OWASSO, OKLAHOMA, AS FILED IN TULSA COUNTY AND
ACCORDING TO THE RECORDED PLAT OF BLOCK 14 OF THE OWASSO ORIGINAL
TOWNSITE
WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to
close to the public use a portion of the right-of-way attached as Exhibit "A"; and,
WHEREAS, the City of Owasso retains the absolute right to reopen the some without
expense to the municipality, and repealing all ordinances or parts of ordinances in conflict.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT TO WIT:
SECTION 1.
A TRACT OF LAND LYING IN THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER (SW/4, SE/4), SECTION THIRTY (30), TOWNSHIP TWENTY-ONE (21) NORTH,
RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN (I.B.&M.), CITY
OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S.
GOVERNMENT SURVEY THEREOF, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO -WIT:
BEGINNING (P.O.B.) AT THE SOUTHEAST CORNER OF LOT ONE (1), BLOCK
FOURTEEN (14) ORIGINAL TOWN OF OWASSO, CITY OF OWASSO, TULSA COUNTY;
THENCE SO]008'09"W FOR A DISTANCE OF
20.00 FEET TO THE NORTHEAST CORNER OF LOT ELEVEN (11), BLOCK FOURTEEN
(14); THENCE S88051'51"W ALONG THE NORTH LINE OF LOTS ELEVEN, TEN, NINE,
EIGHT, SEVEN, SIX, AND FIVE (11, 10, 9, 8, 7, 6, 5) FOR A DISTANCE OF 300.00 FEET
TO THE NORTHWEST CORNER OF SAID LOT FIVE (5); THENCE NO1008'09"W FOR A
DISTANCE OF 20.00 FEET TO THE SOUTHWEST CORNER OF LOT FOUR (4), BLOCK
FOURTEEN (14); THENCE N88151'51"E ALONG THE SOUTH LINE OF LOTS FOUR,
THREE, TWO, AND ONE (4, 3, 2, 1) FOR A DISTANCE OF 300.00 FEET TO THE POINT
OF BEGINNING
(P.O.B.)
SAID TRACT CONTAINS 6,000 SQUARE FEET.
The some is hereby closed for public use as an alleyway.
SECTION 2.
All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly
repealed.
Ordinance 1238
Page I of 3
SECTION 3.
All ordinances or parts of ordinances, in conflict with this ordinance, are hereby repealed to the
extent of the conflict only.
SECTION 4.
If any part or parts of this ordinance are deemed unconstitutional, invalid, or ineffective, the
remaining portion shall not be affected but shall remain in full force and effect.
SECTION 5.
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
SECTION 6.
There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and
correct copy of this Ordinance.
PASSED AND ADOPTED this 15thday of July, 2025.
Alvin Fruga, Mayor fJ
Ordinance 1238
Page 2 of 3
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APPROVED BY
Sd OWASSO CITY COUNCIL
�... �.�..a.��. „ JUL 15 2025
TO: The Honorable Mayor and City Council
FROM: Carly Novozinsky, Finance Director
SUBJECT: Approval of Owasso Public Works Authority (OPWA) Indebtedness
DATE: July 11, 2025
BACKGROUND:
At the OPWA meeting of July 15, 2025, the Trustees will consider a Development and Financing
Agreement with West Family Development, LLC, for the development of a project in the Owasso
Redbud Tax Increment Financing (TIF) District, Increment District No. 1.
If approved, the obligation for the payments would extend into future fiscal years, making the
agreement a debt of the OPWA. In Oklahoma, any indebtedness or obligation of a public trust
requires the approval of two-thirds (2/3) of the membership of the governing body of the
beneficiary (60 O.S. 176). Therefore, any debt of the OPWA requires the approval of four members
of the City Council.
RECOMMENDATION:
Contingent upon OPWA approval of the Development and Financing Agreement, staff
recommends approval of the indebtedness of the OPWA as outlined in the Development and
Financing Agreement with West Family Development, LLC.
RECOMMENDATION:
Contingent upon OPWA approval of the Joint Resolution, staff recommends approval of the
indebtedness of the OPWA as outlined in the Joint Resolution with the City -County Library
Commission of Tulsa County.
ATTACHMENTS:
See the memorandums for Owasso Public Works Authority agenda items #5 and #7 of the July 15,
2025, meeting.
TO:
FROM:
The Honorable Chair and Trustees
Owasso Public Works Authority (OPWA)
Carly Novozinsky, Finance Director
SUBJECT: Owasso Redbud District and Increment District No. 1
Development and Financing Agreement
Covenant Agreement
Joint Resolution
DATE: July 11, 2025
BACKGROUND:
APPROVED BY TRUSTEES
JUL 15 2025
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.
PROJECT DETAILS:
An application has been received from West Family Development, LLC, for development
assistance on a project located on Main Street, between Broadway Street and 1 st Street.
The proposed project is the development of a unique mixed -use building that includes
construction of a new 20,000 square foot public library on the lower floor, and 50,000 square feet
of residential apartments on the upper floor. Also included is the necessary parking, access points,
and public improvements.
Upon completion of the project, the public library portion of the development will be sold by West
Family Development, LLC to the Tulsa City -County Library (TCCL). Due to the public -private nature
of this development, only the private portion is being considered for development assistance. The
public portion of the project will be exempt from ad valorem taxes, making it ineligible to receive
development assistance in the form provided by in the TIF Policy Guide.
The project appears to meet the criteria set forth in the adopted TIF Project Plan and also to meet
the requirements outlined in the adopted Owasso Redbud District and Increment District No. I
Policy Guide. Per the Project Plan and Policy Guide, the applicant would be eligible to receive
reimbursement of 10% of actual hard construction costs. Reimbursement will be provided through
90% of the ad valorem taxes assessed and received by the City for the subject development.
The proposed Development and Financing Agreement also establishes an annual minimum ad
valorem payment to be made by the developer. Should the amount billed to the developer by
the Tulsa County Assessor be less than $108,512 in any given year, the OPWA will bill the developer
TIF
Page 2
for the difference. The establishment of the minimum ad valorem payment provides protection
to the City and the OPWA in case the assessed value of the project is lower than is anticipated by
the developer.
The application anticipates construction costs of $11,130,000 for the private portion of the
development, resulting in development assistance of $1,113,000. The proposed Development
and Financing Agreement further outlines obligations of the City and the developer as required
in approved TIF documents.
COVENANT AGREEMENT:
Due to the unique nature of the proposed development, a Covenant Agreement, in addition to
the Development and Financing Agreement, is being proposed. The proposed Covenant
Agreement would be filed with Tulsa County and obligates the developer, and any future owner,
to pay the minimum ad valorem payment. This ensures that even if the development is sold to a
new owner, the minimum ad valorem payment would still be received.
APPLICATION REVIEW COMMITTEE:
On May 19, 2025, the Review Committee met and voted unanimously to recommend approval
to the OPWA, finding that the project is eligible to receive TIF assistance.
JOINT RESOLUTION:
In connection with the proposed development, TCCL has requested assistance from the City with
the relocation of a sanitary sewer line. This line must be relocated before construction can begin
on the proposed development.
As outlined in the proposed Joint Resolution, TCCL will facilitate the relocation of the sanitarysewer
line. Upon completion, it is proposed that the OPWA would reimburse TCCL for $150,000 of the
costs associated with the relocation.
Funding for the reimbursement is available from increment revenues in the OPWA TIF Fund.
APPLICATION REVIEW COMMITTEE:
On June 25, 2025, the Review Committee voted unanimously to recommend approval to the
OPWA, finding that the project is eligible to receive reimbursement through TIF assistance.
RECOMMENDATION:
Staff recommends approval of the Development and Financing Agreement with West Family
Development, LLC, and authorization to execute all necessary documents, pending the
submission of a revised legal description once the needed right-of-way closure is full executed.
Staff recommends approval of the Covenant Agreement with West Family Development, LLC,
and authorization to execute all necessary documents, pending the submission of a revised legal
description once the needed right-of-way closure is fully executed.
Staff recommends approval of Joint Resolution 2025-03 with the City -County Library Commission
of Tulsa County, and authorization to execute all necessary documents.
TIF
Page 3
ATTACHMENTS:
Development and Financing Agreement with West Family Development, LLC
Covenant Agreement with West Family Development, LLC
Resolution 2025-03
TULSAWORLD
AFFIDAVIT OF PUBLICATION
Tulsa World
315 S. Boulder Ave., Tulsa, OK 74103
(918) 582-0921
I, Edmar Corachia, 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 Tulsa World, a publication that is a "legal
newspaper" as that phrase is defined for the city of Tulsa, 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:
• Jul 19, 2025
Notice ID: BFquvagycolcSugMOwpV
Notice Name: 1238 Easement Closure
Publication Fee: $82.21
I state under penalty of perjury under the laws of Oklahoma that the foregoing
is true and correct.
E4mAr &0rA0HA
Agent
VERIFICATION
State of Florida
County of Orange
PAMELA BAEZ
Notary Public - State of Fic rida
Commission # HH 186700
o
OF F
Expires on October 14, 20
Signed or attested before me on this: 07/23/2025
Notary Public
Notarized remotely online using communication technology via Proof.
See Proof on Next
Page
1238 Easement Closure I Page 1 of 2
Published in the Tulsa World, Tulsa, Tulsa County, Oklahoma, July
19,2025
CITY OF OWASSO. OKLAHOMA ORDINANCE 1238 AN ORDINANCE
CLOSING TO THE PUBLIC USE AN ALLEYWAY LOCATED. NEAR 103
WEST BROADWAY STREET, OWASSO, OKLAHOMA. AS FILED IN TUL-
SA COUNTY AND ACCORDING TO THE RECORDED PLAT OF BLOCK 14
OF THE OWASSO ORIGINAL TOWNSITE WHEREAS, the City of Owasso,
Oklahoma, has deemed it necessary and expedient to close to the public
use a portion of the right-of-way attached as Exhibit °A'; and, WHEREAS,
the City of Owasso retains the absolute right to reopen the same with-
out expense to the municipality, and repealing all ordinances or pails
of ordinances in conflict. NOW, THEREFORE, BE IT ORDAINED BY THE
COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SEC-
TION 1. A TRACT OF LAND LYING IN THE SOUTHWEST QUARTER OF
THE SOUTHEAST QUARTER (SW/4, SE/4), SECTION THIRTY (30),TOWN-
SHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE
INDIAN BASE AND MERIDIAN (I.B.&M.), CITY OF OWASSO, TULSACOUN-
TY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT
SURVEY THEREOF, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO -WIT: BEGINNING (PO.B.) AT THE SOUTHEAST CORNER
OF LOT ONE (1), BLOCK FOURTEEN (14) ORIGINAL TOWN OF OWASSO,
CITY OF OWASSO, TULSA COUNTY, THENCE SOl"08'09"W FOR A DIS-
TANCE OF 20.00 FEET TO THE NORTHEAST CORNER OF LOT ELEVEN
LIN]]E BLOCK OF L TSELEVE
N,EN )S1-51-W ALONG THE , TEN, NINE, EIGHT, SEVEN, SDC AND FIVES (11,
10, 9, 8, 7, 6, 5) FOR A DISTANCE OF 300.DD FEET TO THE NORTHWEST
CORNER OF SAID LOT FIVE (5), THENCE N01 `08'09"W FOR A DISTANCE
OF 20.00 FEET TO THE SOUTHWEST CORNER OF LOT FOUR (4), BLOCK
FOURTEEN (14); THENCE N88°51'51 "E ALONG THE SOUTH LINE OF
LOTS FOUR, THREE, TWO, AND ONE (4, 3, 2, 1) FOR A DISTANCE OF
300.001 FEET TO THE POINT OF BEGINNING (PO.B.) SAID TRACT CON-
TAINS 6,000 SQUARE FEET The same is hereby closed for public use as
an alleyway. SECTION 2. All ordinances or parts of ordinances in conflict
with this ordinance are hereby expressly repealed. SECTION 3. All ordi-
nances or parts of ordinances, in conflict with this ordinance, are hereby
repealed to the extent of the conflict only. SECTION 4. If any part or parts
of this ordinance are deemed unconstitutional, invalid, or ineffective,
the remaining portion shall not be affected but shall remain in full force
and effect. SECTION S. The provisions of this ordinance shall become
effective thirty (30) days from the date of final passage as provided by
state law. SECTION 6. There shall be filed in the office of the County Clerk
of Tulsa County, Oklahoma, a true and correct copy of this Ordinance.
PASSED AND ADOPTED this 15th day of July, 2D25.
Is/Alvin Fruga, Mayor ATTEST:Is/ Juliann M. Stevens, City Clerk
COL-TUL-10244E
1238 Easement Closure I Page 2 of 2