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HomeMy WebLinkAbout1238_Closing Right-of-way_Block 14 Original Townsite of OwassoTULSAWORLD 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 off'"TOE Tulsa County Clerk - MICHAEL WILLIS A • � 6� Doc #: 2025086406 Page(s): 3 07/29/2025 03:28:07 PM Receipt #: 2025-45507 n �tannemP Fees: 522.00 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 .d fIr ` (OF 93 Too M ems_._:. -r - - - - �ia aIn4� �� ry .- � � :. it 1 �f i ,. ILI IF 4 - � .19 vt r e 16fr' ^'i It 1y1 I Aerial Map N 0 0.01 0.03 0.05 0.08 0.1Mlles Right -of -Way Closure- Block 14, Original Town Owasso Subject Tract n TO: The Honorable Mayor and City Council FROM: Wendy Kramer, City Planner SUBJECT: Ordinance 1238: Right -of -Way Closure- Block 14, Original Town of Owasso DATE: July 11, 2025 BACKGROUND: The Community Development Department received a request from Wallace Design Collective on behalf of Tulsa City -County Library (TCCL) for the closing of the right-of-way that serves as an alleyway Within Block 14 of the Original Town of Owasso (also known as the Owasso Cherokee Nation Indian Ter(tory) plat. ANALYSIS: • The Original Town of Owasso plat was approved by the Department of the Interior in March of 1904, • This request comes as a related item to the combined planned unit development and rezoning requests OPUD 25-01/OZ 25-01 in which the applicant is proposing to construct a new mixed - use building that will serve as a library on the ground floor and apartment dwellings on the three upper floors. • In harmony with the goals and ideas of the GrOwasso 2035 Land Use Master Plan and the Downtown Overlay District within Chapter 10 of the Owasso Zoning Code, OPUD 25-01 proposes the orientation of the new building on the property to align alongside North Main Street. o This will shift the proposed building to lie directly atop the referenced alleyway right-of- way for Block 14, Original Town of Owasso plat. o As such, the applicant has requested the closure of this segment of right-of-way following the relocation of utilities located within. • All required notices were sent to all franchise holders and utility companies as well as the City of Owasso Public Works Department. o Staff has not been notified that the closure of this right-of-way would negatively impact any utility companies. However, both City of Owasso Public Works Department and AT&T have indicated the presence of utilities within this right-of-way. In regards to this, Staff is recommending a contingency to the approval of this request to allow for these utilities to be fully relocated before the filing of this ordinance. • After the proposed approval and filing of this request, the applicant intends to combine the portion of this right-of-way that will be distributed to them along with their adjacent properties through a lot combination that is concurrently under review (OLC 25-02). • Upon Council action to close the right of way, the applicant is advised to take this item to District Court and file for vacation of the subject right-of-way, which will completely remove it from the books. TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee (TAC) reviewed this item at their regular meeting on June 18, 2025. The following comments were made concerning this right-of-way closure request: Right -of -Way Closure - Block 14, Original Town of Owasso Page 2 Community Development - o Right-of-way (ROW) closure is contingent upon full relocation and disconnection of City utilities (water and sewer) in the alley; closure will not proceed until all work is completed and accepted by City Council, per the Public Works Director o The closure ordinance, if approved by Owasso City Council, will not be filed until all utility relocation requirements from the Engineering Division are satisfied o In accordance with State Statute, vacated ROW will be split equally between adjacent property owners: • The northern half of the ROW south of Lot 4, Block 14, (current dentist office) will be incorporated into that lot, not the TCCL lot(s) Public Works - Submit alley utility abandonment and relocation plans as soon as possible, may be submitted separately from main civil review plans AT&T - Continue coordination with AT&T regarding the time of cable relocation from the alley; submit utility plans for coordination and review RECOMMENDATION: In developing a recommendation, staff evaluated the right-of-way closure request on the criteria outlined in Chapter 8 of the Owasso Subdivision Regulations. Following this evaluation, staff concluded that the subject right-of-way closure request meets all of the legal requirements for approval. As such, Staff recommends adoption of Ordinance 1238, approving the closure of the right-of-way located within Block 14 of the Original Town of Owasso, contingent upon full relocation and disconnection of City Utilities within the subject area. ATTACHMENTS: Ordinance 1238 Survey Exhibits Original Town of Owasso Filed Plat 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 SO1°08'09"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 N01008'09"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 300.00 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 1 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 151h day of July, 2025. Alvin Fruga, Mayor ATTEST: Juliann M. Stevens, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney Ordinance 1238 Page 2 of 3 ALLEYWAY CLOSURE Exhibit "B" SHEET 1 OF 2 LEGAL DESCRIPTION ATRACT OF LAND LYING IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SW/4, SE14), 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.) ATTHE SOUTHEAST CORNER OF LOTONE (1), BLOCK FOURTEEN (14) ORIGINAL TOWN OF OWASSO, CITY OF OWASSO, TULSA COUNTY; THENCE S01008'09"W FOR A DISTANCE OF 20.00 FEET TO THE NORTHEAST CORNER OF LOT ELEVEN (11), BLOCK FOURTEEN (14); THENCE S88051'61"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 N01 008'09"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 300.00 FEET TO THE POINT OF BEGINNING (P.O.B.) SAID TRACT CONTAINS 6,000 SQUARE FEET BASIS OF BEARINGS BASIS OF BEARINGS FOR THIS EXHIBIT IS THE OKLAHOMA STATE PLANE COORDINATE SYSTEM (NAD83 OKLAHOMA NORTH ZONE 3501). BASED ON THE EAST LINE OF BLOCK 14, ORIGINAL TOWN OF OWASSO, TULSA COUNTY AS SO "08'09"E. SURVEYOR'S CERTIFICATE I, CLIFF BENNETT, OF WALLACE DESIGN COLLECTIVE, PC, CERTIFY THAT THE ATTACHED LEGAL DESCRIPTION CLOSES IN ACCORDANCE WITH THE EXISTING REQUIREMENTS AND IS A TRUE REPRESENTATION OF THE LEGAL DESCRIPTION AS DESCRIBED. THIS LEGAL DESCRIPTION MEETS THE MINIMUM STANDARDS FOR LEGAL DESCRIPTIONS AS ADOPTED BY THE OKLAHOMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS FOR THE STATE OF OKLAHOMA. WITNESS MY HAND AND SEAL THIS 6TH DAY OF JANUA_ RY S2025. . CLIF(F/•/B(//E'.NNE'TTT,,'PjL.S`. rl,�BENNE OKLAHOMA NO. 1815 IFF d CERT. OF AUTH. NO. 1460 T I' EXP. DATE JUNE 30, 2025 1815 /A� SURVEYOR'S LAST SITE VISIT: SEPTEMBER 3, 2024 Alleyway Closure Exhibit T SHEET 2 OF 2 A PART OF THE SW/4 OF THE SE/4, SEC. 30, T.21 N„ R.14 E., I,B.& M., CITY OF OWASSO�T ULSA COUNTY, STATE OF OKLAHOMA LOT 4 LOT 3 I LOT 2 ' LOT 1 ' L J— � I I BE Cur. Lot 1 N01'08'091W N88'51'51 "E — Block 14 20.00' 300.00, (P.O.B.) w I S01'08'09"E I h Area Conlafns I S88'51'51"W 20.00' 6,000 Sq. Feet 300.00' 1. IQ LOT 5 j LOT 7 ILOT 8I 9 r8--] JI O z D /C/N OF' OFI�ASSO I� C 9 Eli z FVEST BROAD;VAV STREW THE BASIS OF BEARING FOR THIS SURVEY IS THE OKLAHOMA STATE PLANE COORDINATE SYSTEM (NAD83 OKLAHOMA NORTH ZONE 3501). BASED ON THE EAST LINE OF BLOCK 14, ORIGINAL TOWN OF OWASSO, TULSA COUNTYAS S01'08'09'E. SURVEYOR'S LAST SITE VISIT: SEPTEMBER 3, 2024 Q50 0 1"=100' R-14-E FAST 88TH STREET NORT1 T 21 30 N PROJECT LOCATION EAST 76TH STREET NORTl LOCATION MAP Y E:N}S LEGEND P.O.& aPOINT OF COMM IHC P.O.W • POINT OF COMMENCEMENT RM' • RIGHT OF WAY UIE : UTILRY EASEMENT CERTIFICATION I, CLIFF BENNETT, HEREBY CERTIFY THAT THE ABOVE REPRESENTS A SURVEY PERFORMED UNDER MY DIRECT SUPERVISION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS OF THIS DATE. THIS PLAT OF SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS, AS ADOPTED BY THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS FOR THE STATE OF OKLAHOMA. WITNESS MY HAND AND SEAL THIS 6TH DAY OF JANUARY 2025. i CLIFF BENNETT P.L.S. OKLAHOMA NO. 1815 CLIFF d CERT. OF AUTH. NO. 1460 BENNETT EXP. DATE JUNE 30, 2025 Exhibit CLOSURE REPORT North:468064.9789' East:2600527,9346' Segment #1 : Line COurse:S1'O8'09"E Length:20.00' North:468044.9829' East:2600528.3310' Segment #2 : Line Course: S88`51'51"W Length: 300.00' North:468039.0361' East:2600228.3900' Segment #3 : Line Course: N01'08'09"W Length: 20.00' North:468059.0321' East:2600227.9935' Segment#4 : Line Course: N88'51'51"E Length: 300.00' North:468064.9789' East:2600527,9346' Exhibit "B" CLOSURE REPORT Perimeter:640.00' Area:0.14acres Error Closure: 0.0000 Course: N00°00'00"E Error North: 0.00000 East: 0.00000 Precision 1:640000000.00 JpJ>J OWASSO CHEFME NATION INO.TER. s f �J' " y 1 o f f 'te f f � t J } q° as ' f q PCSCRJPC/RYgNP RRCAf ShNh'NFdtE{d S¢LJOTLNR/JEmpAFNf a is JY ,n u Y. 524dSClYd SCGJa - MN _ _ GRANT 9YE, NhdRRRggv>d SecaY mN - 'aa m J RbNJRMNRF9`ALGO` Sa1.J/ Maa 4mahy 2 J ,p SC'^/tRFWJ449'J.YhO�.YC to sm tk / W W W �' Nores .� j" Z8 Yaa «aB�H B o � A//dis/nnuso2inieafairo'deumo/s e 'aa ARraNmrarwrdN/Mti.dulbfn. � J _> t J 'p 9N6/otX o�y/ur ai`mml'ed/NJmn ma 1 .L u i A//bou�dayeo/nsJ.rPrtma�lgeniP�, u x "f.a q-aw ro A LEEV k AYE. J !!%!'/�i!'�:do//eyraneJsoiemoiAta'Gy' MRt4r}[JY tiro; '- 3 Y Pa f q °a t ; t � A/WK03K, /ndTi/4[CB11btlf. yp a ,•° /heRDy�ersi,y,n� /h%¢ �/.yP,As g A Z; o ' y° 2 Qj n arP�g/gsuraxyedond.uP,r¢dfhefown � JBp m m ° ioa � 8 � \ a a zfOYRAv,Ch¢/JK�Ydnn //Minn Tami/Jy ¢mD/o4ngqiht ab¢m dewibed/aYm(t oms a. > e a � J MdlhislydmrrrUpohMJJmj as I •PWfEPOvgJ1RTNLMT wYr • ,a ;� p o `�- p p qa J g n J x ' yl•¢ lE>Nl /LATER/Oq J Y a Y Nathinytoq O.L.i'Ja�Z(-=„(-=„( qby, ea w AFPROY<O J a mn A Jee C JACKSONa � AYE, � °a. o� N y a0 u 1° P J a ..a xi i2 LavGSTREET k AYE, k 4 6 ^1' .I p L 4 J Yp ♦ 6 J p Y 3 � f_�. fr. .. so 'o± ,aa ,aa y- .• C'0,._ __ ai __ __ --�' 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