HomeMy WebLinkAbout2007.11.06_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
TYPE OF MEETING: Regular
DATE: November 6, 2007
TIME: 6:30 p.m.
PLACE: Council Chambers, Old Central Building
109 N. Birch
Notice and agenda filed in the office of the City Clerk and posted at City Hall 5:00 p.m. on Friday,
November 2, 2007.
1i21
Miann M. Stevens, D uty City Clerk
AGENDA
1. Call to Order
Mayor Stephen Cataudella
2. Invocation
Pastor James Stotts, Fellowship Tabernacle
3. Flag Salute
4. Roll Call
5. Presentation of the Character Trait of Determination, followed by a public service
announcement.
Lynn VanDeventer, Owasso Character Council
S AAge ndas \C o=ci 1\2007\ 1106. docx
Owasso City Council
November 6, 2007
Page 2
6. Presentation of Employee of the Month
Mr. Ray
Mr. Ray will present the Employee of the Month for November 2007.
7. Consideration and appropriate action relating to a request for Council approval of the Consent
Agenda. All matters listed under "Consent" are considered by the City Council to be routine
and will be enacted by one motion. Any Councilor may, however, remove an item from the
Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.
A. Approval of Minutes of the October 16, 2007 Regular Meeting.
Attachment # 7 -A
B. Approval of Claims.
Attachment # 7 -B
C. Acceptance of water system improvements for Cracker Barrel, a commercial development
generally located south of E. 96th Street North and East of US 169, in the Tyann Plaza
Shopping Center. Such improvements consisting of approximately 75 linear feet of eight
(8) inch DIP potable water line.
Attachment # 7 -C
D. Acceptance of the Bulletproof Vest Partnership Grant providing reimbursement in the
amount of $5,208 for the purchase of bullet proof vests; and, approval of a budget
amendment to the FY 2007 -2008 General Fund increasing estimated revenues and
increasing the appropriation for expenditures in the amount of $5,208 within the Police
Department Budget.
Attachment # 7 -D
E. Action relating to the FY 2007 Small Cities set -aside funding program, # 12985 CDBG 07
for the construction of the Rayola Park Restroom Facility designating the Mayor as the
certifying officer under the National Environmental Policy Act of 1969 to assume overall
responsibility for the environmental review process.
Attachment # 7 -E
F. Action relating to the FY 2007 Small Cities set -aside funding program, # 12985 CDBG 07
for the construction of the Rayola Park Restroom Facility making a finding of no
significant impact on the environment.
Attachment # 7 -E
G. Action relating to the FY 2007 Small Cities set -aside funding program, # 12985 CDBG 07
for the construction of the Rayola Park Restroom Facility authorizing the Mayor to
execute the Certification of Leverage, Environmental Certification, and Request for
Release of Funds.
Attachment # 7 -E
Owasso City Council
November 6, 2007
Page 3
H. Action relating to the FY 2007 Small Cities set -aside funding program, # 12985 CDBG 07
for the construction of the Rayola Park Restroom Facility approving an Antidisplacement
Plan.
Attachment # 7 -E
Consideration and appropriate action relating to a request for Council to award a bid for the
installation of wireless network equipment at Fire Station No. 3, located at 9900 N. 145th East
Avenue.
Ms. Willson
Attachment #8
Staff has requested sealed quotes from various vendors that provide wireless network services
to be received by 1:30pm on November 5, 2007. Upon a thorough review of all bids received,
staff will recommend Council award the bid for the installation of wireless network equipment
to the best and lowest responsive bidder at the November 6, 2007 regular meeting.
9. Consideration and appropriate action relating to a request for Council approval of a
Development Agreement among the OEDA, OPWA, and SF Shops Investors, L.P. and for
limited purposes set forth in the agreement, The City of Owasso; and, approving the
indebtedness of the OPWA in the amount of $4,600,000.00 as set forth in the agreement; and,
authorizing the execution of such agreement by the City Manager.
Mr. Ray
Attachment #9
The City Council approved a Development Agreement and debt for this project on July 17,
2007. Due to changes in the transaction with the OEDA, staff will recommend approval of the
final agreement wherein the OPWA provides incentives and reimbursements for the
development of a retail center by SF Shops Investors, L.P.; approval of the incurrence of debt
in the amount of $4,600,000.00 by the OPWA, such debt set forth in the agreement; and
authorization for the City Manager to execute the final agreement.
10. Report from City Manager.
Owasso City Council
November 6, 2007
Page 4
11. Report from City Attorney.
12. Report from City Councilors.
13. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda.)
14. Consideration and appropriate action relating to a request for an executive session for the
purpose of discussing personnel matters relating to the office of the City Manager, such
executive session provided for in O.S. 25, Section 307(B)(1).
Mayor Cataudella
15. Adjournment.
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Thursday, October 16, 2007
The Owasso City Council met in regular session on Tuesday, October 16, 2007 in the Council
Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall
bulletin board at 5:00 p.m. on Friday, October 12, 2007.
ITEM 1. CALL TO ORDER
Mayor Cataudella called the meeting to order at 6:30 p.m.
ITEM 2. INVOCATION
The invocation was offered by Mr. Frank Adams, Believers Covenant Church.
ITEM 3. FLAG SALUTE
Vice Mayor Gall led the flag salute.
ITEM 4. ROLL CALL
PRESENT ABSENT
Steve Cataudella, Mayor
D.J. Gall, Vice Mayor
Doug Bonebrake, Councilor
Susan Kimball, Councilor
Jon Sinex, Councilor
A quorum was declared present.
STAFF
Rodney J. Ray, City Manager
Julie Lombardi, City Attorney
ITEM 5. PRESENTATION TO THE CITY OF OWASSO BY THE OWASSO SENIOR
CITIZENS FOUNDATION
Ms. Carol Malone, Ms. Jan Worley and Mr. Paul Shireman, representing the Owasso Senior
Citizens Foundation, presented to Council a check in the amount of $3,500.00 to be used as a
contribution toward the expenses of the Pelivan service.
Owasso City Council October 16, 2007
ITEM 6. PRESENTATION OF THE EMPLOYEE OF THE MONTH
Mr. Ray introduced to Council Bruce Kelley, Firefighter /Paramedic and EMS Manager, who is
the City's Employee of the Month for October, 2007.
ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA
A. Approval of Minutes of the October 2, 2007 Regular Meeting, the October 4,
2007 Special Meeting and the October 9, 2007 Special Meeting.
B. Approval of Claims.
C. Acknowledgement of receiving the monthly FY 2007 -2008 budget status report.
D. Acceptance of the 2007 Small Cities Community Development Block Grant
(CDBG) as provided by the Oklahoma Department of Commerce in the amount
of $58,696 for the purpose of constructing a handicap accessible restroom
facility at Rayola Park; and, authorization for the Mayor to execute the grant
acceptance letter and all necessary grant documents.
E. Approval of an agreement between the City of Owasso and INCOG for
administrative services relating to the 2007 Small Cities Community
Development Block Grant; and, authorization for the Mayor to execute the grant
acceptance letter and all necessary grant documents.
Councilor Kimball called for the request for Approval of Minutes of the October 2, 2007 Regular
Meeting be stricken from the Consent Agenda.
Ms. Kimball moved, seconded by Mr. Bonebrake, to approve the Consent Agenda as stated
above with Item 7 -A. to read Approval of Minutes of the October 4, 2007 Special Meeting and
the October 9, 2007 Special Meeting; and with claims totaling $290,213.70, Healthcare self -
insurance claims totaling $96,440.93 and payroll claims totaling $439,703.31.
YEA: Bonebrake, Cataudella, Gall, Kimball, Sinex
NAY: None
Motion carried 5 -0.
2
Owasso City Council October 16, 2007
ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL CONFIRMATION OF THE MAYOR'S
APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
Mayor Cataudella requested Council confirmation of the appointments of 1) Kevin Cavanaugh to
the City of Owasso Audit Committee, 2) Tim Doyle to the Metropolitan Environmental Trust
Authority and 3) Rodney Ray to the Regional Metropolitan Utility Authority. Mr. Bonebrake
moved for Council confirmation of these appointments, seconded by Mr. Gall.
YEA: Bonebrake, Cataudella, Gall, Kimball, Sinex
NAY: None
Motion carried 5 -0.
ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF A FINAL PLAT FOR PRAIRIE
VILLAGE, PROPOSING ONE MULTI- FAMILY LOT ON APPROXIMATELY
2.83 ACRES, LOCATED AT THE NORTHWEST CORNER OF EAST 116TH
STREET NORTH AND NORTH 129TH EAST AVENUE
Mr. Nurre presented the item and recommended approval of the Prairie Village final plat. Ms.
Kimball moved, seconded by Mr. Sinex, to approve the Prairie Village final plat.
YEA: Bonebrake, Cataudella, Gall, Kimball, Sinex
NAY: None
Motion carried 5 -0.
ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL AWARD OF A BID FOR THE PURCHASE OF AN
AMBULANCE
Chief Clark presented the item and recommended Council award the bid for the purchase of an
ambulance to Midwest Vehicle Professionals, Incorporated of York, Nebraska in the amount of
$110,000.00 for a Type III Medtec PD -168 Ambulance on a 2004 Ford E450 Chassis. Mr.
Bonebrake moved, seconded by Mr. Sinex, to award the bid to Midwest Vehicle Professionals,
Incorporated as recommended.
YEA: Bonebrake, Cataudella, Gall, Kimball, Sinex
NAY: None
Motion carried 5 -0.
3
Owasso City Council
October 16, 2007
ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF AN AGREEMENT BETWEEN
THE CITY OF OWASSO AND OWASSO PUBLIC SCHOOLS FOR SERVICES
RELATED TO CANINE SEARCH
Chief Yancey presented the item and recommended approval of an agreement between the City
of Owasso and Owasso Public Schools for the 2007 -08 school year for the purpose of providing
canine search services. Mr. Sinex moved, seconded by Mr. Bonebrake, for council approval of
said agreement.
YEA: Bonebrake, Cataudella, Gall, Kimball, Sinex
NAY: None
Motion carried 5 -0.
ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF A LEASE AGREEMENT
BETWEEN THE CITY OF OWASSO AND VERIZON WIRELESS AND
AUTHORIZATION FOR THE MAYOR TO EXECUTE SUCH AGREEMENT
Mr. Rooney presented the item and recommended approval of a lease agreement between the
City of Owasso and Verizon Wireless for approximately 1,500 square feet of property located
within the Owasso Sports Park for the purpose of constructing a cellular telephone tower, and
authorization for the Mayor to execute the agreement. Mr. Bonebrake moved, seconded by Mr.
Gall, for Council approval of the Lease Agreement as stated and authorization for the Mayor to
execute the agreement.
YEA: Bonebrake, Cataudella, Gall, Kimball, Sinex
NAY: None
Motion carried 5 -0.
ITEM 13. REPORT FROM CITY MANAGER.
No report
ITEM 14. REPORT FROM CITY ATTORNEY
No report
ITEM 15. REPORT FROM CITY COUNCILORS
No Report
Ll
Owasso City Council
ITEM 16. NEW BUSINESS
None
ITEM 17. ADJOURNMENT
Ms. Kimball moved, seconded by Mr. Bonebrake, to adjourn.
YEA: Bonebrake, Cataudella, Gall, Kimball, Sinex
NAY: None
Motion carried 5 -0 and the meeting was adjourned at 7:04 p.m.
Pat Fry, Minute Clerk
5
October 16, 2007
Stephen Cataudella, Mayor
CITY OF OWASSO
CLAIMS TO BE PAID
VENDOR
DESCRIPTION
AMOUNT
TREASURER PETTY CASH
COMMUNITY CENTER REFUND - UTSLER
50.00
TREASURER PETTY CASH
REFUND- SMITH/TUMLESON
100.00
SIMMONS HOMES
BUILDING PERMIT REFUND
156.50
SIMMONS HOMES
BUILDING PERMIT REFUND
210.50
SIMMONS HOMES
BUILDING PERMIT REFUND
156.50
SIMMONS HOMES
ECONOMIC DEVELOPMENT REFUND
103.00
SIMMONS HOMES
ECONOMIC DEVELOPMENT REFUND
176.00
SIMMONS HOMES
ECONOMIC DEVELOPMENT REFUND
128.00
SIMMONS HOMES
MECHANICAL PERMIT REFUND
85.00
SIMMONS HOMES
MECHANICAL PERMIT REFUND
85.00
SIMMONS HOMES
MECHANICAL PERMIT REFUND
85.00
SIMMONS HOMES
ELECTRICAL PERMIT REFUND
85.00
SIMMONS HOMES
ELECTRICAL PERMIT REFUND
85.00
SIMMONS HOMES
ELECTRICAL PERMIT REFUND
85.00
SIMMONS HOMES
PLUMBING PERMIT REFUND
85.00
SIMMONS HOMES
PLUMBING PERMIT REFUND
85.00
SIMMONS HOMES
PLUMBING PERMIT REFUND
85.00
TREASURER PETTY CASH
REFUND - STEPHENS
10.00
REFUND TOTAL
1,855.50
FOWLER, TERA
TUITION REIMB
345.00
OFFICE DEPOT
OFFICE SUPPLIES
2.19
TREASURER PETTY CASH
MEETING EXPENSE
29.95
TREASURER PETTY CASH
TRAVEL/TRAINING- FOWLER
161.75
MUNICIPAL COURT FUND TOTAL
538.89
JPMORGAN CHASE COMMERCIAL CARD
MEETING EXPENSE
38.75
JPMORGAN CHASE COMMERCIAL CARD
MEETING EXPENSE
35.69
JPMORGAN CHASE COMMERCIAL CARD
MEETING EXPENSE
42.20
JPMORGAN CHASE COMMERCIAL CARD
TRAVEL EXPENSE - DEMPSTER
30.87
JPMORGAN CHASE COMMERCIAL CARD
MEETING EXPENSE
27.71
JPMORGAN CHASE COMMERCIAL CARD
MEETING EXPENSE
22.76
JPMORGAN CHASE COMMERCIAL CARD
MEETING EXPENSE
36.73
JPMORGAN CHASE COMMERCIAL CARD
MEETING EXPENSE
13.88
JPMORGAN CHASE COMMERCIAL CARD
MEETING EXPENSE
13.47
JPMORGAN CHASE COMMERCIAL CARD
MEETING EXPENSE
37.81
JPMORGAN CHASE COMMERCIAL CARD
MEETING EXPENSE
39.35
JPMORGAN CHASE COMMERCIAL CARD
MEETING EXPENSE
3.45
COUNTRYSIDE FLOWERS & GIFTS
FLORAL ARRANGEMENT - STEVENS
50.36
TREASURER PETTY CASH
CITY MGR EXPENSE
20.00
COUNTRYSIDE FLOWERS & GIFTS
OFFICE DECOR
28.23
OFFICE DEPOT
OFFICE SUPPLIES
11.97
OFFICE DEPOT
OFFICE SUPPLIES
54.94
JPMORGAN CHASE COMMERCIAL CARD
TRAVEL EXPENSE -RAY
43.26
WOODS WELDING
STATUE REPAIR
209.00
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICES
83.33
LOY'S PHOTOGRAPHY, INC
PRINTING - CHARACTER INITIATIVE
315.00
A N Z SIGNS & SHIRTS, INC
BANNER
40.00
LOY'S PHOTOGRAPHY, INC
PHOTOGRAPHY
58.30
USAMOBILITY METROCALL
PAGER USE
6.95
AT &T
TELEPHONE SERVICE
46.31
VENDOR
DESCRIPTION
AMOUNT
JPMORGAN CHASE COMMERCIAL CARD
AIRLINE TRANSPORTATION - ROONEY
35.00
JPMORGAN CHASE COMMERCIAL CARD
TRAVEL EXPENSE - ROONEY
15.86
JPMORGAN CHASE COMMERCIAL CARD
TRAVEL EXPENSE - ROONEY
16.36
JPMORGAN CHASE COMMERCIAL CARD
OKLAHOMA BAR ASSOCIATION - LOMBARDI
150.00
JPMORGAN CHASE COMMERCIAL CARD
TRAVEL EXPENSE - ROONEY
31.71
OKLAHOMA MUNICIPAL LEAGUE
CONFERENCE - BISHOP
15.00
JPMORGAN CHASE COMMERCIAL CARD
TRAINING REFUND - BISHOP
- 175.00
JPMORGAN CHASE COMMERCIAL CARD
LODGING - ROONEY
731.28
JPMORGAN CHASE COMMERCIAL CARD
TRAVEL EXPENSE -RAY
56.94
GREENWOOD PERFORMANCE SYSTEMS
EMPLOYEE TRAINING -LEHR
788.60
JPMORGAN CHASE COMMERCIAL CARD
MEETING EXPENSE - RAY /STEVENS /NURRE
29.86
JPMORGAN CHASE COMMERCIAL CARD
MEETING EXPENSE- WORK SESSION
94.10
OWASSO CHAMBER OF COMMERCE
REGISTRATION FEE
150.00
OWASSO CHAMBER OF COMMERCE
TUITION FEE - CHAMBLESS
480.00
BRONZE- DEPOT.COM, INC
TIMMY & CINDY STATUE
3,345.00
A N Z SIGNS & SHIRTS, INC
SIGN - VETERANS PARK
645.00
RAINBOW CONCRETE COMPANY
STATUE REPAIR
89.50
MANAGERIAL DEPT TOTAL
7,809.53
OFFICE DEPOT
OFFICE SUPPLIES
23.37
JPMORGAN CHASE COMMERCIAL CARD
DELL MARKETING -TONER
79.99
OFFICE DEPOT
OFFICE SUPPLIES
6.49
CCH INC
BOOK
198.16
JPMORGAN CHASE COMMERCIAL CARD
TRAINING REFUND -HESS
- 175.00
GFOA
MEMBERSHIP DUES
180.00
FINANCE DEPT TOTAL
313.01
DANE, JULIE
TUITION REIMBURSEMENT
358.50
JPMORGAN CHASE COMMERCIAL CARD
USPS- POSTAGE
5.25
JPMORGAN CHASE COMMERCIAL CARD
WALMART- CHARACTER INITIATIVE
11.03
OFFICE DEPOT
OFFICE SUPPLIES
90.13
JPMORGAN CHASE COMMERCIAL CARD
WALMART- OFFICE SUPPLIES
53.17
JPMORGAN CHASE COMMERCIAL CARD
USPS- POSTAGE
1.46
JPMORGAN CHASE COMMERCIAL CARD
WALMART- OFFICE SUPPLIES
30.38
CHARACTER TRAINING INSTITUTE
CHARACTER BULLETINS
403.31
CHARACTER TRAINING INSTITUTE
CHARACTER INITIATIVE
112.87
CUSTOM CRAFT AWARDS
CHARACTER AWARDS
30.00
MCAFEE & TAFT
LEGAL SERVICES
117.00
COMMUNITYCARE HMO
EAP SERVICES
220.00
GREENWOOD PERFORMANCE SYSTEMS
CITY MANAGER EVALUATION
1,250.00
BAILEY MEDICAL CENTER, LLC
ANNUAL LUNCHEON
2,300.00
PITNEY BOWES INC
REPAIR SERVICE
405.00
TULSA WORLD
CLASSIFIED ADS
192.01
TULSA WORLD
CLASSIFIED ADS
163.86
THE OKLAHOMAN
EMPLOYMENT AD
87.94
OKLAHOMA MUNICIPAL LEAGUE
EMPLOYMENT AD
10.00
TULSA WORLD
CLASSIFIED ADS
140.08
JPMORGAN CHASE COMMERCIAL CARD
NEWSOK- CLASSIFIED ADS
245.00
JPMORGAN CHASE COMMERCIAL CARD
THE DALLAS MORNING NEWS- CLASSIFIED ADS
683.84
JPMORGAN CHASE COMMERCIAL CARD
JOBS ON THE WEB- CLASSIFIED ADS
250.00
JPMORGAN CHASE COMMERCIAL CARD
THE KANSAS CITY STAR - CLASSIFIED ADS
399.00
JPMORGAN CHASE COMMERCIAL CARD
THE KANSAS CITY STAR - CLASSIFIED ADS
399.00
TENNESSEE MUNICIPAL LEAGUE
ADVERTISING
74.00
REGIONALHELPWANTED.COM
JOB ADVERTISING
141.55
VENDOR
DESCRIPTION
AMOUNT
OKLAHOMA MUNICIPAL LEAGUE
ADVERTISING
10.00
AMERICANCHECKED, INC
PRE - EMPLOYMENT BACKGROUND CHECKS
187.70
JPMORGAN CHASE COMMERCIAL CARD
LODGING - DEMPSTER
1,474.35
OKLAHOMA MUNICIPAL LEAGUE
TRAINING- SOLENBERGER
85.00
JPMORGAN CHASE COMMERCIAL CARD
TRAVEL EXPENSE - SOLENBERGER
15.81
TREASURER PETTY CASH
MILEAGE - HUNT /DANE
37.84
GREENWOOD PERFORMANCE SYSTEMS INC
EMPLOYEE TRAINING -DANE
788.50
JPMORGAN CHASE COMMERCIAL CARD
MICHAELS -FRAME FOR CHARACTER
18.44
JPMORGAN CHASE COMMERCIAL CARD
MEETING EXPENSE - DEMPSTER
9.54
OKLAHOMA MUNICIPAL LEAGUE
CONFERENCE - DEMPSTER
20.00
RICH & CARTMILL, INC
ANNUAL RENEWAL
945.00
RICH & CARTMILL, INC
ANNUAL RENEWAL
126.00
HUMAN RESOURCES DEPT TOTAL
11,892.56
O M E CORPORATION
METER TAPES
24.25
OFFICE DEPOT
OFFICE SUPPLIES
237.68
SAV -ON PRINTING & SIGNS LLC
OPERATING SUPPLIES
560.00
XEROX CORPORATION
COPIER SERVICE
412.98
JAVA DAVE'S EXECUTIVE COFFEE
COFFEE SUPPLIES
117.69
CINTAS CORPORATION
CARPET /MAT CLEANING
32.80
CINTAS CORPORATION
CARPET /MAT CLEANING
32.80
TREASURER PETTY CASH
REIMBURSE -HUNT
5.00
KEMPER INSURANCE COM
HOLCOMB VS. FISH ER/TAYLOR/OWASSO
2,500.00
INCOG
CDBG 06- RAYOLA PARK SPLASH PAD
585.20
OKLAHOMA NATURAL GAS
09/07 USE
321.06
JPMORGAN CHASE COMMERCIAL CARD
LAWN AMERICA - FRIENDSHIP PARK
128.00
JPMORGAN CHASE COMMERCIAL CARD
LAWN AMERICA -CITY HALL
160.00
JPMORGAN CHASE COMMERCIAL CARD
D & SONS LAWNCARE -CITY HALL MOWING
1,120.00
PITNEY BOWES INC
RENTAL
242.74
NEIGHBOR NEWSPAPERS
MEDIA PUBLICATION /PUBLIC NOTICE
53.36
NEIGHBOR NEWSPAPERS
MEDIA PUBLICATION /PUBLIC NOTICE
301.50
NEIGHBOR NEWSPAPERS
MEDIA PUBLICATION /PUBLIC NOTICE
283.05
AT &T
PHONE USE
60.55
NEOPOST LEASING, INC
POSTAGE MACHINE LEASE- OCT /NOV
778.00
NEOPOST LEASING, INC
POSTAGE
2,000.00
INCOG
LEGISLATIVE CONSORTIUM FY07 /08
783.25
TULSA COUNTY CLERK
FILING FEES
151.00
TREASURER PETTY CASH
LICENSE TAG
30.00
GENERAL GOVERNMENT DEPT TOTAL
10,920.91
OFFICE DEPOT
OFFICE SUPPLIES
20.38
INTERNATIONAL CODE COUNCIL, INC
CODE BOOK
83.00
JPMORGAN CHASE COMMERCIAL CARD
MEETING EXPENSE - STEERING COMMITTEE
48.94
JPMORGAN CHASE COMMERCIAL CARD
OML- DIRECTORY
19.50
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT -PARTS
295.42
NEIGHBOR NEWSPAPERS
LEGAL NOTICES
196.80
DENNIS G BUNYARD
ABATEMENT MOWING
150.00
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICES
166.66
USAMOBILITY METROCALL
PAGER USE
13.90
SPRINT COMMUNICATIONS
PCS CHARGES
143.06
FIRE MARSHALS ASSOCIATION
CONFERENCE- DEMPSTER
95.00
INCOG
ANNUAL DUES
4,061.25
COMMUNITY DEVELOPMENT DEPT TOTAL
5,293.91
VENDOR
DESCRIPTION
AMOUNT
OFFICE DEPOT
OFFICE SUPPLIES
77.97
OFFICE DEPOT
OFFICE SUPPLIES
16.49
JPMORGAN CHASE COMMERCIAL CARD
UPS STORE - PACKAGE TO ODEQ
19.85
T -SHIRT EXPRESS
UNIFORM -SLONE
78.00
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICES
166.66
US CELLULAR
CELL PHONE USE
112.46
GREENWOOD PERFORMANCE SYSTEMS INC
EMPLOYEE TRAINING - ALEXANDER
788.60
GREENWOOD PERFORMANCE SYSTEMS INC
EMPLOYEE TRAINING -NURRE
788.60
JPMORGAN CHASE COMMERCIAL CARD
OFFICE DEPOT - MEMORY CARD
14.99
ENGINEERING DEPT TOTAL
2,063.62
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT -PARTS
35.76
JPMORGAN CHASE COMMERCIAL CARD
CATALOG COM -RENEW DOMAIN
8.95
JPMORGAN CHASE COMMERCIAL CARD
EXPERTS EXCHANGE - WEBSITE SUPPORT
99.50
JPMORGAN CHASE COMMERCIAL CARD
HOSTICA.COM- HOSTING FEE
128.04
COX COMMUNICATIONS
INTERNET FEES
379.95
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICES
66.66
GREENWOOD PERFORMANCE SYSTEMS INC
EMPLOYEE TRAINING - HOUGHTON
788.60
MUNICIPAL CODE CORPORATION
LASERFICHE SOFTWARE /SUPPORT
4,818.00
TURN -KEY MOBILE, INC
DESKTOP PORT REPLICATOR
269.00
JPMORGAN CHASE COMMERCIAL CARD
DELL MARKETING - PRINTER
276.00
INFORMATION SYSTEMS DEPT TOTAL
6,870.46
OFFICE DEPOT
OFFICE SUPPLIES
46.87
OFFICE DEPOT
OFFICE SUPPLIES
7.96
SAMS CLUB
MEMBERSHIP RENEWAL
70.00
WAL -MART COMMUNITY
OPERATING SUPPLIES
14.76
SAMS CLUB
OPERATING SUPPLIES
69.79
LOWES HOME IMPROVEMENT
PHYSICAL PROPERTY SUPPLIES
347.98
LIBERTY FLAGS, INC.
POW /MIA FLAGS
79.94
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
100.45
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT -PARTS
223.42
LOWES HOME IMPROVEMENT
SMALL TOOLS
41.82
COX COMMUNICATIONS
INTERNET FEES
69.95
BLOUNT LAWN SERVICES
MOWING SERVICES
195.00
RED BUD SERVICE, INC
AIR FILTER SERVICE
37.88
A PLUS SERVICE INC
AC REPAIRS
190.00
CLEAR CHOICE WINDOW CLEANING
WINDOW CLEANING
900.00
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICES
233.33
OK DEPT OF CORRECTIONS
DOC WORKER PROGRAM
313.87
TREASURER PETTY CASH
DOC LUNCHES
56.34
USAMOBILITY METROCALL
PAGER USE
6.95
EQUIPMENT ONE RENTAL & SALES, INC.
RENTAL -PAINT SPRAYER
40.00
AT &T
PHONE USE
0.24
JPMORGAN CHASE COMMERCIAL CARD
BILTMORE HOTEL - TRAVEL EXPENSE -WHITE
134.00
OKLAHOMA MUNICIPAL LEAGUE
REGISTRATION FEE -WHITE
225.00
SUPPORT SERVICE DEPT TOTAL
3,405.55
ESTES, INC
CHEMICALS
832.00
JPMORGAN CHASE COMMERCIAL CARD
VVEC- ELECTRICITY / CEMETARY
21.36
CEMETERY DEPT TOTAL
853.36
LISA LONG
TUITION REIMB
358.50
OFFICE DEPOT
SUPPLIES - COX /BROCK/YOUNT
79.99
VENDOR
DESCRIPTION
AMOUNT
OFFICE DEPOT
INK CARTRIDGES
59.96
OFFICE DEPOT
OFFICE SUPPLIES
428.78
LOWES HOME IMPROVEMENT
OFFICE SUPPLIES
3.98
JPMORGAN CHASE COMMERCIAL CARD
GUTH LABORATORIES - MOUTHPIECES
57.66
JPMORGAN CHASE COMMERCIAL CARD
LAW ENFORCEMENT TARGET - TRAINING
132.92
JPMORGAN CHASE COMMERCIAL CARD
USPS- POSTAGE
82.00
JPMORGAN CHASE COMMERCIAL CARD
GRAINGER -EAR PLUGS
45.36
POLICE PETTY CASH
VEHICLE KEYS
4.95
STRATHE VETERINARY HOSPITAL
SUPPLIES -BENY
73.99
STRATHE VETERINARY HOSPITAL
SUPPLIES -K9 BENY
17.29
HOUSE OF VACUUMS
FILTER - VACUUM CLEANER
12.99
OKLAHOMA POLICE SUPPLY
BATTERIES - FLASHLIGHT
43.90
JPMORGAN CHASE COMMERCIAL CARD
AERKO INTERNATIONAL - PEPPER SPRAY
344.75
JPMORGAN CHASE COMMERCIAL CARD
HECKLER & KOCH- LOCKING PINS
38.19
SAMS CLUB
OPERATING SUPPLIES
19.58
TREASURER PETTY CASH
POSTAGE
42.80
TREASURER PETTY CASH
SUPPLIES - BULBS /FIREARMS /GLASSES
240.51
JPMORGAN CHASE COMMERCIAL CARD
ULTRA MAX- FIREARMS TRAINING
1,184.50
JPMORGAN CHASE COMMERCIAL CARD
ULTRA MAX- FIREARMS TRAINING
2,610.00
THE HUNTING SHACK, INC
AMMUNITION - FIREARMS TRAINING
2,096.50
OKLAHOMA POLICE SUPPLY
AMMUNITION
125.00
JPMORGAN CHASE COMMERCIAL CARD
SYMBOLARTS- BADGES
72.50
JPMORGAN CHASE COMMERCIAL CARD
PATROL TECHNOLOGY - SUPPLIES
23.00
JPMORGAN CHASE COMMERCIAL CARD
PATROL TECHNOLOGY - UNIFORM / EQUIP
515.00
OKLAHOMA POLICE SUPPLY
UNIFORM -FOYIL
79.90
GALL'S INC
BLUE STEEL CUFFS
42.55
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT -PARTS
3,334.72
POLICE PETTY CASH
ENGRAVING
10.00
OWASSO FITNESS ZONE, INC
PHYSICAL FITNESS PROGRAM
75.00
HOWARD E STAMPER
RADIO REPAIR SERVICES
150.00
IPMA
TEST FORM
206.00
LAW ENFORCEMENT PSYCHOLOGICAL
TESTING -ADAMS
80.00
OKLAHOMA NATURAL GAS
09/07 USE
167.10
POLICE PETTY CASH
TIRE REPAIR
9.50
JPMORGAN CHASE COMMERCIAL CARD
DRY CLEANING STATION - UNIFORM CLEANING
1,383.95
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICES
4,583.33
USAMOBILITY METROCALL
PAGER USE
274.71
AT &T
PHONE USE
60.12
SPRINT COMMUNICATIONS CO
PCS CHARGES
470.40
JPMORGAN CHASE COMMERCIAL CARD
TRAVEL EXPENSE- HAMRICK/BELL
146.00
POLICE PETTY CASH
PARKING /TOLLS /CLASS FEE
30.50
JPMORGAN CHASE COMMERCIAL CARD
REGONLINE- TRAINING - BELL /HAMRICK
70.00
TREASURER PETTY CASH
PER DIEM - CHAPLIN /HARPER/WOODRUFF
1,073.59
GREENWOOD PERFORMANCE SYSTEMS INC
EMPLOYEE TRAIN ING-CHAMBLESS
788.60
OKLAHOMA POLICE SUPPLY
DELIVERY FEE
5.00
JPMORGAN CHASE COMMERCIAL CARD
STOP TECH - STOPSTICKS
205.79
JPMORGAN CHASE COMMERCIAL CARD
STOP TECH LTD -CORD REEL
269.90
TURN -KEY MOBILE, INC
LAPTOP- OFFICER EDWARDS
1,680.00
GALL'S INC
PLASTIC SEAT INSERTS
1,654.95
POLICE DEPT TOTAL
25,566.21
JPMORGAN CHASE COMMERCIAL CARD
SIRCHIE FINGER PRINT - SUPPLIES
60.45
JPMORGAN CHASE COMMERCIAL CARD
ONYX -INK JET FOR DISPATCH
31.90
JPMORGAN CHASE COMMERCIAL CARD
COLE INFORMATION - ANNUAL LEASE
534.95
VENDOR
DESCRIPTION
AMOUNT
JPMORGAN CHASE COMMERCIAL CARD
WALMART -PHONE CARD /BLANK CDR
37.08
JPMORGAN CHASE COMMERCIAL CARD
WALMART- PRISONER MEALS
147.70
JPMORGAN CHASE COMMERCIAL CARD
WALMART- PRISONER MEALS
119.71
SAMS CLUB
OPERATING SUPPLIES
130.52
DEPARTMENT OF PUBLIC SAFETY
OLETS EQUIPMENT RENTAL
450.00
USAMOBILITY METROCALL
PAGER USE
41.70
JPMORGAN CHASE COMMERCIAL CARD
CENTRAL TECH - JAILER TRAINING
180.00
GREENWOOD PERFORMANCE SYSTEMS INC
EMPLOYEE TRAINING -ALLEN
788.60
TREASURER PETTY CASH
NOTARY - MAZZANTI
25.00
POLICE COMMUNICATIONS DEPT TOTAL
2,547.61
JPMORGAN CHASE COMMERCIAL CARD
WALMART- CLEANING SUPPLIES
134.21
JPMORGAN CHASE COMMERCIAL CARD
LOWES- SUPPLIES
20.50
JPMORGAN CHASE COMMERCIAL CARD
FULLERTON WELDING -CO2
18.00
JPMORGAN CHASE COMMERCIAL CARD
SOUTHERN AGRICULTURE -WATER BOTTLE
11.48
JPMORGAN CHASE COMMERCIAL CARD
MED- VET /SUPPLIES
73.77
JPMORGAN CHASE COMMERCIAL CARD
LOWES -WATER HOSE SUPPLIES
15.63
O'REILLY AUTOMOTIVE INC
SUPPLIES
6.98
HILL'S PET NUTRITION SALES, INC
SHELTER SUPPLIES
62.50
JPMORGAN CHASE COMMERCIAL CARD
WALMART- OFFICE SUPPLIES
15.86
JPMORGAN CHASE COMMERCIAL CARD
GILMOUR MFG -HOSE SPRAYER ENDS
68.70
SAMS CLUB
OPERATING SUPPLIES
757.06
JPMORGAN CHASE COMMERCIAL CARD
PATROL TECHNOLOGY - UNIFORM & EQUIP
142.00
DALE & LEES SERVICE INC
AC REPAIRS
147.15
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICES
166.66
AT &T
PHONE USE
1.55
USAMOBILITY METROCALL
PAGER USE
6.95
OK ANIMAL CONTROL ASSN
TRAINING -BAKER
375.00
TREASURER PETTY CASH
PER DIEM - HEMSOTH
122.50
ANIMAL CONTROL DEPT TOTAL
2,146.50
OFFICE DEPOT
OFFICE SUPPLIES
343.58
TRIAD PRINTING, INC.
BUSINESS CARDS - OFFICERS
630.00
OFFICE DEPOT
OFFICE SUPPLIES
325.19
JPMORGAN CHASE COMMERCIAL CARD
HARVARD BUSINESS REVIEW- SUBSCRIPTION
119.00
AMSAN LLC AMSAN EVE SUPPLY
ROLL TOWELS/TISSUE
410.40
CROW BURLINGAME COMPANY
MAINT SUPPLIES
12.38
LOWES HOME IMPROVEMENT
VACUUM /SUPPLIES
196.91
SAMS CLUB
OPERATING SUPPLIES
125.42
JPMORGAN CHASE COMMERCIAL CARD
ED BULLARD- THERMAL IMAGER BATTERIES
275.02
TREASURER PETTY CASH
MEETING EXPENSE
23.62
TREASURER PETTY CASH
REPLACE TOOLS - WAKLEY
548.05
LIBERTY FLAGS, INC.
FLAG
669.00
LOWES HOME IMPROVEMENT
POWER SQUEEGEE
93.15
JPMORGAN CHASE COMMERCIAL CARD
IMAGE GROUP - SCREEN PRINTING
130.00
OKLAHOMA POLICE SUPPLY
NAME TAG
5.95
JPMORGAN CHASE COMMERCIAL CARD
SKAGGS- UNIFORM APPAREL
147.92
JPMORGAN CHASE COMMERCIAL CARD
GALLS - UNIFORM APPAREL
469.95
JPMORGAN CHASE COMMERCIAL CARD
LIGHTHOUSE UNIFORM - UNIFORM APPAREL
2,855.20
CROW BURLINGAME COMPANY
MAINT SUPPLIES
11.48
LOWES HOME IMPROVEMENT
MAINT SUPPLIES
62.40
LOCKE SUPPLY
ELECTRICAL PARTS
120.78
LOWES HOME IMPROVEMENT
WASHERS /CORD STORAGE
22.09
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT -PARTS
64.27
VENDOR
DESCRIPTION
AMOUNT
JPMORGAN CHASE COMMERCIAL CARD
W.S. DARLEY -GATE VALVE /PUMPER ENG
418.95
LOWES HOME IMPROVEMENT
PARTS - PIPE /SINK
53.46
GAINES APPARATUS SERVICE
TEST -FIRE PUMP PERFORMANCE
700.00
DIVERSIFIED INSPECTIONS /ITL., INC
TESTING LADDER ONE
795.60
OKLAHOMA NATURAL GAS
09/07 USE
269.56
OSTRANDERS FURNITURE & APPLIANCE
REPAIR - APPLIANCE
75.00
TULSA OVERHEAD DOOR
REPAIR - OVERHEAD DOOR
170.00
OVERHEAD DOOR CO.
REPAIR -BAY DOOR
143.80
WATER PRODUCTS
REPAIR HYDRANT GAGE
32.60
OVERHEAD DOOR CO.
BAY DOOR REPAIR
310.00
DUVALL ELECTRIC, LLC
REPLACE ELECTRICAL PANEL
2,000.00
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICES
1,166.66
CULLIGAN OF TULSA
BOTTLED WATER
34.90
AT &T
PHONE USE
13.04
USAMOBILITY METROCALL
PAGER USE
321.14
USAMOBILITY METROCALL
PAGER USE
8.60
SPRINT COMMUNICATIONS CO
PCS CHARGES
202.16
JPMORGAN CHASE COMMERCIAL CARD
FIRE PROTECTION - TRAINING MANUALS
234.00
GREENWOOD PERFORMANCE SYSTEMS INC
EMPLOYEE TRAINING - GARRETT
788.60
GREENWOOD PERFORMANCE SYSTEMS INC
EMPLOYEE TRAINING - STUCKEY
788.60
LEO'S GOLD LION PRODUCTS, INC
LETTERING - VEHICLE
442.60
FLEET DISTRIBUTORS EXPRESS
LIGHTBAR- DEPUTY CHIEFS VEHICLE
1,385.00
JPMORGAN CHASE COMMERCIAL CARD
MATHIS BROS- FURNITURE STATION #2
1,196.00
FIRE DEPT TOTAL
19,212.03
SAMS CLUB
OPERATING SUPPLIES
8.85
VVEC
STORM SIRENS
24.48
SPRINT COMMUNICATIONS CO
PCS CHARGES
51.09
AT &T
PHONE USE
0.27
TREASURER PETTY CASH
MILEAGE -MOTTO
14.56
EMERGENCY PREPAREDNESS DEPT TOTAL
99.25
OFFICE DEPOT
OFFICE SUPPLIES
9.99
MILL CREEK LUMBER & SUPPLY
KEYS
5.16
LOCKE SUPPLY
SUPPLIES
12.58
BINGHAM SAND & GRAVEL CO., INC
SALT - SNOW /ICE CONTROL
1,304.10
GEORGE & GEORGE SAFETY & GLOVE
UNIFORMS /PROTECTIVE CLOTHING
39.46
UNIFIRST HOLDINGS LP
UNIFORMS /PROTECTIVE CLOTHING
140.15
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT -PARTS
799.08
CASECO TRUCK BODY & EQUIPMENT
INSTALL - PLOW /FRAME DUMP TRUCK
2,144.99
OWASSO FENCE CO
REPAIR FENCE
325.00
SIGNALTEK INC
TRAFFIC CONTROL MAINT
511.25
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICES
1,166.66
USAMOBILITY METROCALL
PAGER USE
34.75
EQUIPMENT ONE RENTAL & SALES, INC.
RENTAL -AIR COMPRESSOR
89.00
JPMORGAN CHASE COMMERCIAL CARD
AMERICAN AIRLINES - TRAVEL EXPENSE -HUNT
69.40
JPMORGAN CHASE COMMERCIAL CARD
ORB -TAX FOR AIRFARE /D HUNT
4.99
SOUTHWESTERN SECTION IMSA, INC
TRAINING -HUNT
758.00
JPMORGAN CHASE COMMERCIAL CARD
IMSA- DUES - DOYLE /RIDGWAY /HUNT
150.00
STREETS DEPT TOTAL
7,564.56
JPMORGAN CHASE COMMERCIAL CARD
OWASSO LUMBER -KEYS
4.20
JPMORGAN CHASE COMMERCIAL CARD
HOME DEPOT - SAFETY FENCE
19.98
JPMORGAN CHASE COMMERCIAL CARD
LOWES -HEX LAG SCREWS
4.96
VENDOR
DESCRIPTION
AMOUNT
JPMORGAN CHASE COMMERCIAL CARD
LOWES -PATCH STICK
6.36
OFFICE DEPOT
OFFICE SUPPLIES
15.99
MILL CREEK LUMBER & SUPPLY
CONCRETE
159.18
L & S DEDMON TRUCKING, LLC
ROCK
895.00
BELLCO MATERIALS, INC
ROCK -STORM PIPE INSTALLATION
232.60
MAXWELL SUPPLY OF TULSA, INC
STRONGPLUG
117.21
CHANDLER MATERIALS CO, INC.
PIPE - DRAINAGE IMPROVEMENTS
2,294.40
GEORGE & GEORGE SAFETY & GLOVE
UNIFORMS /PROTECTIVE CLOTHING
39.45
UNIFIRST HOLDINGS LP
UNIFORMS /PROTECTIVE CLOTHING
128.46
BLOSS SALES & RENTAL, INC
MOWER PARTS
20.13
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT -PARTS
1,765.17
JPMORGAN CHASE COMMERCIAL CARD
ATWOODS -FENCE TOOL & TREE STRAP
31.44
ATWOODS DISTRIBUTING
RAKES
27.80
BAILEY EQUIPMENT, INC
PARTS -MOWER
6.00
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICES
1,166.66
USAMOBILITY METROCALL
PAGER USE
48.65
JPMORGAN CHASE COMMERCIAL CARD
VISTA - BACKHOE TRAINING
624.00
STORMWATER DEPT TOTAL
7,607.64
ATWOODS DISTRIBUTING
GLOVES /BUNGEE CORD
31.40
ATWOODS DISTRIBUTING
WORK BOOTS -HENRY
84.99
ATWOODS DISTRIBUTING
WORK BOOTS - THOMAS
78.99
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT -PARTS
85.77
ADT SECURITY SERVICES INC
SECURITY SERVICES
45.74
D & SONS LAWN CARE
MOWING SERVICE -ATOR PARK
80.00
D & SONS LAWN CARE
MOWING SERVICE - CENTENNIAL PARK
999.00
D & SONS LAWN CARE
MOWING SERVICE - VETERANS PARK
60.00
MARSHA ANN SMITH
CLEANING PARK RESTROOMS
900.00
ALOHA LANDSCAPE & IRRIGATION
MOWING SERVICE -ELM CREEK PARK
227.00
ALOHA LANDSCAPE & IRRIGATION
MOWING SERVICE - MCCARTY PARK
145.00
ALOHA LANDSCAPE & IRRIGATION
MOWING SERVICE - RAYOLA PARK
185.00
RWD #3
WATER USAGE - MCCARTY PARK
46.90
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICES
250.00
AT &T
PHONE USE
3.26
TREASURER PETTY CASH
HARVEST FESTIVAL -ROSE
200.00
TULSA COUNTY COURT CLERK
MOHAWK/OWASSO TRAIL
100,000.00
PARKS DEPT TOTAL
103,423.05
CHARACTER TRAINING INSTITUTE
CHARACTER BULLETINS
36.00
JPMORGAN CHASE COMMERCIAL CARD
TARGET- STORAGE CONTAINERS
102.27
LOWES HOME IMPROVEMENT
LIGHT BULBS
35.88
CURTIS RESTAURANT SUPPLY
REPLACE FAUCET
162.11
MURRAY WOMBLE INC
DOOR
442.00
OKLAHOMA NATURAL GAS
09/07 USE
94.62
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICES
33.33
AT &T
PHONE USE
1.09
COMMUNITY CENTER DEPT TOTAL
907.30
OFFICE DEPOT
OFFICE SUPPLIES
7.19
OKLAHOMA NATURAL GAS
09/07 USE
37.60
LOCKE SUPPLY
PARTS - HEATING UNIT
3.61
AT &T
PHONE USE
0.36
TREASURER PETTY CASH
MILEAGE - BOUTWELL
30.85
HISTORICAL MUSEUM DEPT TOTAL
79.61
VENDOR
DESCRIPTION
AMOUNT
JPMORGAN CHASE COMMERCIAL CARD
OFFICE DEPOT - SUPPLIES
109.94
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT -PARTS
70.75
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICES
83.33
SPRINT COMMUNICATIONS CO
PCS CHARGES
50.54
JPMORGAN CHASE COMMERCIAL CARD
US INTEGRATION - TRAINING
125.00
JPMORGAN CHASE COMMERCIAL CARD
MERRITTS- MEETING EXPENSE
15.90
TREASURER PETTY CASH
MEETING EXPENSE -HAYES
15.00
OWASSO PUBLIC TRANSPORTATION DEPT.
SHUTTLE -OEDA WORK PLAN
400.00
ATC FREIGHTLINER GROUP
ECONOMIC DEVELOPMENT DEPT TOTAL
870.46
GENERAL FUND TOTAL 221,841.52
NYS, JOHN M
AMBULANCE REFUND
568.00
JPMORGAN CHASE COMMERCIAL CARD
ALLIANCE MEDICAL - PEDIATRIC TAPES
501.60
JPMORGAN CHASE COMMERCIAL CARD
ALLIANCE MEDICAL - SUPPLIES
35.12
JPMORGAN CHASE COMMERCIAL CARD
ALLIANCE MEDICAL - SUPPLIES
101.10
MEDICAL COMPLIANCE SPECIALTY INC
BIO -WASTE DISPOSAL
52.00
JPMORGAN CHASE COMMERCIAL CARD
ALLIANCE MEDICAL - SUPPLIES
1,707.89
JPMORGAN CHASE COMMERCIAL CARD
ALLIANCE MEDICAL - SUPPLIES
30.72
TREASURER PETTY CASH
SUPPLIES
28.00
MEDICAL COMPLIANCE SPECIALTY INC
BIO -WASTE DISPOSAL
198.00
ATC FREIGHTLINER GROUP
BRAKE REPAIR -MEDIC 3
631.12
EXCELLANCE, INC
REPLACE SHORELINE PLUG
34.93
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT -PARTS
190.96
FULLERTON WELDING SUPPLY
RENTALS- OXYGEN CYLINDERS
180.00
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICES
1,250.00
MEDICLAIMS INC
AMBULANCE BILLING SERVICE
5,523.46
ROGERS STATE UNIVERSITY
TUITION /FEES- NELSON
2,117.50
AMBULANCE SERVICE FUND TOTAL
13,150.40
MOTOROLA, INC
RADIO SOFTWARE
46,625.00
E -911 FUND TOTAL
46,625.00
YOUTH SERVICES OF TULSA
COUNSELING SERVICES
833.34
JUVENILE COURT FUND TOTAL
833.34
JPMORGAN CHASE COMMERCIAL CARD
DISPLAY SALES - HOLIDAY BANNERS
5,418.00
HOTEL /MOTEL TAX FUND TOTAL
5,418.00
INCOG
STORMWATER MGMT ANNUAL FEE
977.75
MESHEK & ASSOCIATES, P.L.C.
ENGINEERING SERVICES - DRAINAGE
5,079.82
MESHEK & ASSOCIATES, P.L.C.
ENGINEERING -THREE LAKES DAM
940.01
MESHEK & ASSOCIATES, P.L.C.
DRAINAGE IMPROVEMENTS- 96 /GARNETT
19,887.03
STORMWATER MGMT FUND TOTAL
26,884.61
JPMORGAN CHASE COMMERCIAL CARD
DVM RESOURCES - SURGERY EQUIPMENT
5,000.00
ANIMAL STERILIZATION FUND TOTAL
5,000.00
TWIN CITIES READY MIX, INC
CONCRETE - PARKING LOT STATION #2
124.00
CLOUD NONA
STUCCO WORK- STATION 2
800.00
NEW TECH INDUSTRIES
DIRECT DIAL PHONE - STATION #3
111.61
BKL INCORPORATED
ARCHITECTURAL SERVICES - STATION #3
2.660.00
VENDOR
DESCRIPTION
AMOUNT
CROSSLAND HEAVY CONTRACTORS
CONSTRUCTION - STATION #3
102,431.52
TOTAL RADIO INC
RADIO EQUIPMENT
1,390.03
MOTOROLA, INC
BASE /PORTABLE RADIOS - STATION #3
56.21
CAPITAL IMPROVEMENTS FUND TOTAL
107,573.37
JPMORGAN CHASE COMMERCIAL CARD
STRYKER -COT MOUNTS
877.80
MIDWEST VEHICLE PROFESSIONALS, INC
AMBULANCE
110,000.00
AMBULANCE CAPITAL FUND TOTAL
110,877.80
FLEET DISTRIBUTORS EXPRESS
LIGHTBAR -WILD LAND VEHICLE
1,385.00
FIRE CAPITAL FUND TOTAL
1,385.00
SIMMONS HOMES
PARKS DEVELOPMENT REFUND
150.00
SIMMONS HOMES
PARK DEVELOPMENT REFUND
300.00
SIMMONS HOMES
PARK DEVELOPMENT REFUND
300.00
PARK DEVELOPMENT FUND TOTAL
750.00
O'REILLY AUTOMOTIVE INC
OPERATING SUPPLIES
69.47
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
147.55
A & N TRAILER PARTS, INC
PARTS - TRAILER
16.76
UNITED ENGINES, LLC
TUBE -TRASH TRUCK
66.36
DRIVE TRAIN SPECIALISTS
PARTS FOR RESALE
344.03
OK TRUCK SUPPLY INC
PARTS -DUMP TRUCK
42.60
LOWES HOME IMPROVEMENT
PARTS FOR RESALE
9.98
AMERICAN HOSE & SUPPLY
PARTS -TRASH TRUCK
151.08
AMERIFLEX HOSE & ACCESSORIES, LLC
PARTS -TRASH TRUCK
522.60
FRONTIER INTERNATIONAL TRUCKS, INC
REPAIR PARTS - RESALE
1,444.09
TOTAL RADIO INC
RADIO PARTS
18.00
UNITED FORD
PARTS FOR RESALE
137.51
B & M OIL COMPANY INC
HYDRAULIC FLUID
1,146.38
T & W TIRE, LP
TIRES -CITY VEHICLES
1,383.03
ATWOODS DISTRIBUTING
NUTS /BOLTS
2.79
CUMMINS SOUTHERN PLAINS, LTD
PARTS
4.60
UNITED ENGINES, LLC
TIRE TUBE
110.37
B & M OIL COMPANY INC
OIL /FLUIDS
436.69
O'REILLY AUTOMOTIVE INC
PARTS FOR RESALE
378.96
OKLAHOMA NATURAL GAS
09/07 USE
62.91
USAMOBILITY METROCALL
PAGER USE
6.95
AT &T
PHONE USE
3.66
LENOX WRECKER SERVICE INC
TOWING CHARGES
202.00
BREAK B GONE
WINDSHIELD REPAIR
40.00
TOTAL RADIO INC
INSTALL- COMPUTER BRACKETS
87.50
B & M CUSTOM EXHAUST
CATALYTIC CONVERTER
164.95
O'REILLY AUTOMOTIVE INC
BREAKOUT BOX
642.57
CITY GARAGE FUND TOTAL
7,643.39
SAS, LLC SELECT ACTUARIAL SERVICE
ACTUARIAL SERVICES
3,500.00
ATKINSON, HASKINS, NELLIS, ATTORNEY
DEARMOND VS. WARD / OWASSO
221.81
OK TAX COMMISSION SPECIAL TAX UNIT
MITF WORKERS COMP TAX
1,309.65
RICH & CARTMILL
EXCESS WORKERS COMP
24,756.00
CITY OF OWASSO IMPREST ACCOUNT
MEDICAL CLAIMS
2,256.43
CITY OF OWASSO IMPREST ACCOUNT
MEDICAL CLAIMS
1,569.96
CITY OF OWASSO IMPREST ACCOUNT
MEDICAL CLAIMS
767.29
VENDOR
CITY OF OWASSO IMPREST ACCOUNT
CITY OF OWASSO IMPREST ACCOUNT
CITY OF OWASSO IMPREST ACCOUNT
CITY OF OWASSO IMPREST ACCOUNT
CITY OF OWASSO IMPREST ACCOUNT
CITY OF OWASSO IMPREST ACCOUNT
WOOD, PUHL & WOOD, P.L.L.0
PHILADELPHIA INSURANCE CO
OKLAHOMA PHYSICIAN GROUP
WISE ELECTRIC COMPANY
DESCRIPTION AMOUNT
TTD
356.99
TTD
356.99
TTD
356.99
SETTLEMENTS
1,369.00
SETTLEMENTS
1,369.00
SETTLEMENTS
1,369.00
WORKERS COMP FUND TOTAL
39,559.11
MULLINS VS. OWASSO
275.95
PROPERTY INSURANCE
24,484.00
TORT CLAIM
82.00
TORT CLAIM
3,250.00
SELF INSURANCE FUND TOTAL
28,091.95
GRAND TOTAL 615,633.49
CITY OF OWASO
HEALTHCARE SELF INSURANCE FUND
CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 11/06/07
VENDOR
DESCRIPTION
AMOUNT
AETNA
HEALTHCARE MEDICAL SERVICE
39,643.49
HEALTHCARE MEDICAL SERVICE
21,859.23
HEALTHCARE MEDICAL SERVICE
20,255.56
HEALTHCARE MEDICAL SERVICE
20,450.83
HEALTHCARE MEDICAL SERVICE
20,182.00
HEALTHCARE MEDICAL SERVICE
20,118.88
HEALTHCARE MEDICAL SERVICE
21,872.83
HEALTHCARE MEDICAL SERVICE
1,854.85
ADMIN FEES
13,840.20
STOP LOSS FEES
12,450.24
HEALTHCARE DEPT TOTAL
192,528.11
DELTA DENTAL
DENTAL MEDICAL SERVICE
1,451.60
DENTAL MEDICAL SERVICE
2,885.80
ADMIN FEES
1,978.17
DENTAL MEDICAL SERVICE
1,915.80
DENTAL MEDICAL SERVICE
3,390.47
DENTAL DEPT TOTAL
11,621.84
VSP
VISION MEDICAL SERVICES
2,006.53
ADMIN FEES
1,146.96
VISION DEPT TOTAL
3,153.49
HEALTHCARE SELF INSURANCE FUND TOTAL
207,303.44
CITY OF OWASSO
GENERALFUND
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING DATE 10/13/2007
Department
Overtime Expenses Total Expenses
Municipal Court
-
5,601.66
Managerial
15.28
22,635.98
Finance
47.25
11,837.50
Human Resourses
-
7,913.76
Community Development
-
16,091.02
Engineering
-
16,979.95
Information Systems b� s
11,865.24
Support Services
35.79
9,950.14
Police �:' : '
2,819.10
124,047.16
Central Dispatch
-
12,384.69
Animal Control °'k,
-
3,230.82
Fire
2,349.93
105,687.06
Emergency Preparedness
-
3,762.67
Streets
1,155.30
12,484.12
Stormwater /ROW'Mainf,
612.80
9,892.84
Park Maintenance
-
10,724.65
Community-Senior Center
Y
� ��, ���� 3 �, `
�„�. '
4,432.91
. � ...�.
Historical Museum
-
2,633.06
Economic Development
-
4,543.87
General Fund Total 7,035.45 396,699.10
Garage Fund - 5,456.58
Fund Total - 5,456.58
Ambulance Fund 1,245.98 24,163.66
Fund Total 1,245.98 24,163.66
Emergency 911 Fund - 4,220.41
Fund Total - 4,220.41
Workers Compensation -
Fund Total - -
CITY OF OWASSO
GENERALFUND
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING DATE 1012712007
Department
Overtime Expenses Total Expenses
Municipal Court
-
5,583.55
Managerial
-
23,138.31
Finance
-
9,853.35
Human Resourses
-
7,922.21
Community Development
-
13,273.95
Engineering
-
16,600.39
Information Systems ';'
, ,.
11 795.28
Support Services
71.58
9,992.56
Police
3,952.09
130,571.40
Central Dispatch
759.42
13,274.86
Animal Control
378.00
3,679.09
Fire
2,456.22
107,265.88
Emergency Preparedness
-
3,741.14
Streets
326.85
11,449.91
Stormwater /ROW'Maint.
703.40
10,017.05
Park Maintenance
153.00
10,612.41
Community - Senior Center
-
4,462.15
Historical Museum
-
2,633.06
Economic Development
-
4,5161.96
General Fund Total 8,800.56 400,383.51
Garage Fund - 5,456.59
Fund Total - 5,456.59
Ambulance Fund 2,151.27 25,489.14
Fund Total 2,151.27 25,489.14
Emergency 911 Fund 260.93 4,526.50
Fund Total 260.93 4,526.50
Workers Compensation -
Fund Total - -
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: J.B. ALEXANDER
PROJECT MANAGER
SUBJECT: ACCEPTANCE OF WATER SYSTEM IMPROVEMENTS
CRACKER BARREL
DATE: October 15, 2007
BACKGROUND:
The subject commercial development is located in the Tyann Plaza Shopping Center (see
attached map). The water line system consists of approximately 75 linear feet of eight (8) inch,
DIP potable water line. Design of the water system improvements were reviewed and approved
by Public Works Engineering staff in March of 2007.
FINAL INSPECTIONS:
A final inspection of the water system was completed on October 12, 2007. All items identified
at the final inspection requiring correction to meet city standards have been completed. The
construction contractor has provided the required two -year maintenance bond for the system.
RECOMMENDATION:
Staff recommends Council acceptance of the Cracker Barrel water system improvements.
ATTACHMENTS:
A. Location Map
B. ODEQ Permit
C. Maintenance Bond
m
Y
U
N
i
a
i
is
y/ MANN
J'
ATTACHMENT A
TYANN
PLAZA 111
--- --cn�` EXPRESSWAY
CRACKER BARREL
09/12/07
Legend 0
North
HIS MAP IS FOR INFORMA'FION PURPOSE ONLY AND IS NOT INTENL-)E0 I U
[:PRESENT AN ACCURATE AND TRUE SCALE. USE OF THIS MAP IS WITHOUT
✓ARRANTY OR REPRESENTATION BY CITY OF OWASSO OF ITS ACCURACY.
ECT
TION
TYAN
PLAZA
f
CITY OF OWASSO
I I I N. Main Street
P.O. BOX 180
Owasso, OK 74055
918.3 76.1500
DEQ
O K L A H O M A
DEPARTMENT OF ENVIRONMENTAL QUALITY
STEVEN A. THOMPSON OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY
Executive Director
April 02, 2007
Ana Stagg, Public Works Director
City of Owasso
301 West 2nd Avenue
Owasso, Oklahoma 74055
Re: Permit No. WL000072070266
Cracker Barrel Water Line Extension
Facility No. 3002718
Dear Ms. Stagg:
ATTACHMENT B
BRAD HENRY
Governor
Enclosed is Permit No. WL000072070266 for the construction of 75 linear feet of eight (8) inch DIP water
line and all appurtenances to serve the Cracker Barrel, Tulsa County, Oklahoma.
The project authorized by this permit should be constructed in accordance with the plans approved by this
Department on April 02, 2007. Any deviations from the approved plans and specifications affecting
capacity, flow or operation of units must be approved, in writing, by the Department before changes are
made.
Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso,
after which it should be made a matter of permanent record.
We are returning one (1) set of the approved plans to you and retaining one (1) set for our files.
Sincerely,
J�� vj/-'
Justin Hodge
DWSRF /Construction Permit Section
Water uality Division
JH /ER/TW /ab
Enclosure
Rick Austin, Regional Manager, DEQ
Regional Office at Tulsa
James A. Craig, P.E., DTN Design and Engineering
Gene Doussett, Planning & Management Division, OWRB
707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677
printed on recycled paper with soy ink
� r�
ATTACHMENT C
Maintenance Bond
PRIVATELY FINANCED PUBLIC IMPROVEMENTS
Bond No: 20306
KNOW ALL MEN BY THESE PRESENTS, That we WESTERN FIRE PROTECTION,
INC. as Principal (Developer and /or Contractor), and VICTORE INSURANCE
COMPANY.. as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as
Obligee, in the penal sum of TWELVE THOUSAND & No /100 DOLLARS . ($12,000.00)
to which payment will and truly to be made, we do bind ourselves, and each of our heirs,
executors, administrators, successors, and assigns jointly and severally, firmly by these
presents.
WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of
TWO YEARS after final approval of the CRACKER BARREL, 9475 NORTH OWASSO
ExPwY, OWASSO, OK ., a privately financed public improvement, and acceptance of
such by the City Council of the City of Owasso, Oklahoma, against all defects in
workmanship and materials which may become apparent in such privately financed
public improvement during said period.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the
Principal and/or Surety shall indemnify the Obligee for all loss that the Obligee may
sustain by reason of any defective materials or workmanship in the privately financed
public improvement which may become apparent during the said period.
SIGNED, SEALED, AND DATED: AUGUST 17, 2007
WES O C ON, INC., Principal
BY:
VI
Attorney -in -Fact
Attach Power of Attorney
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: DAN YANCEY
CHIEF OF POLICE
SUBJECT: REQUEST FOR SUPPLEMENTAL APPROPRIATION AND
ADMENDMENT TO GENERAL REVENUES
DATE: October 29, 2007
BACKGROUND:
In February 2007, the Owasso Police Department applied for grant funding through the
Bulletproof Vest Partnership Program to assist the department in the purchasing of
protective vests during FY 2007 -2008. The vest grant program allows agencies to apply
for up to 50 percent of the cost of any vest approved by the National Institute of Justice
(NIJ). In addition, the program allows agencies to receive reimbursement on vests
purchased within the previous two (2) years of the grant application. With this in mind,
the department submitted its application with a total request of approximately $10,416, of
which, approximately $5,208 is requested for reimbursement.
This month, the Department of Justice sent notification via email stating the City of
Owasso was successful in their submittal and would be receiving $5,208 in grant funding.
REQUEST:
The request is for City Council acceptance of the grant funds and approval of a
supplemental appropriation in the amount of $5,208 to the Uniforms and Protective
Clothing line item within the Police Services budget for the purpose of funding protective
vests purchased during FY 2007 -2008.
FUNDING:
Funding for this request is derived from a grant in the amount of $5,208 from the
Department of Justice, Bulletproof Vest Partnership Program
RECOMMENDATION:
The staff recommends Council acceptance of this grant and approval of a supplemental
appropriation in the amount of $5,208 to the Police Services budget wherein revenues
and expenditures are increased by $5,208.
ATTACHMENT:
1. Official notification from the Department of Justice
Page 1 of 1
Yancey, Dan
From: owner -bvp- list @ojp.usdoj.gov on behalf of BJA_Directors [BJA_Directors @usdoj.gov]
Sent: Wednesday, October 24, 2007 3:29 PM
To: BVP -list
Subject: FY2007 BVP Award
The Bulletproof Vest Partnership (BVP) is a unique U.S. Department of Justice initiative designed to provide a
critical resource to state and local law enforcement. Since 1999, over 11,900 jurisdictions have participated in the
BVP Program, supporting the purchase of an estimated 642,000 vests.
The Bureau of Justice Assistance (BJA) is pleased to inform you that your agency will receive an award under the
FY 2007 BVP solicitation. These funds have been posted to your account in the BVP system. For questions you
might have regarding the BVP Program or your award, please do not hesitate to contact the BVP Help Desk at
www.vests@ojp.
A complete list of FY 2007 BVP awards is available at: http : / /www.oip.usdoi.gov /bvpbasi/
10/29/2007
Jurisdiction's Handbook
X
1. Registration
Contact
1.1 Information
1.2 Change
Password
2. Bank
Information
Bank
2.1 Information
2.2 Print Bank
Form
3. Application
3.1 Pre
Application
3.2 Manage
Application
3.3 Review
Application
3.4 Submit
Application
4. Receipts
4.1 Manage
Receipts
4.2 Receipt
Reports
S. Payment
5.1 Request
Payment
5.2 Payment
History
6. Status
Current
6.1 Status
6.2 LEA Status
6.3 Application
History
BVP HELP DESK
(Toll -Free 1- 877 -758-
3787)
(Toll 1- 301 - 595 -4595)
Section Status > Application History > Application
Summary
Jurisdiction's Vest Replacement 5 Years
Cycle:
Unspent BVP Funds Obligated for $0.00
Vest Purchases:
Emergency Replacement Needs: 0
Date Submitted to BVP
Application Status:
Application Details
03/27/07
Approved by BVP
Page 1 of 1
OMB #1121 -0235
(Expires:
10/31/2006)
Application Summary for FY2007 Regular Solicitation
Applicant Quantity Total Cost Date Status
Submitted
Approved by BVP
OWASSO CITY 15 $10,416.00 03/27/07
View Details
Grand Totals: 15 $10,416.00
Award Summary for FY2007 Regular Solicitation
Funds Type Eligible Award Date Status
Amount Approved
Regular Fund $10,416.00 $5,208.00 09/13/07 Approved By
BVP
Grand Totals: $10,416.00 $5,208.00
https: / /vests.ojp.gov/ vests /roles /jurisdiction/index.jsp 10/29/2007
MEMORANDUM
TO: THE HONORABLE MAYOR & CITY COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: RAYOLA PARK RESTROOM IMPROVEMENTS
CDBG 07' GRANT REQUIREMENTS
DATE: November 2, 2007
BACKGROUND:
On June 19, 2007, the Owasso City Council approved Resolution No. 2007 -07 as part of the
application process requesting financial assistance from the Oklahoma Department of Commerce
(ODOC) under the FY 2007 Small Cities set -aside funding. The application was specifically
directed toward the construction of a handicap accessible restroom near the splash pad facility at
Rayola Park. The recommended improvements were presented at a public hearing on June 19,
2007.
FUNDING:
The staff received notice earlier this month that funding in the amount of $58,696 has been
approved. A "one- for -one" cash match is required of the city each year in order to receive the
grant funds. The FY 2007 -2008 city budget includes funds within the Parks Department in an
amount sufficient to satisfy the match requirement.
ADMINISTRATIVE REQUIREMENTS:
A series of steps must be taken in order for ODOC to release the Small Cities grant funds for the
construction of a restroom facility. Each step requires formal action by the Council, however, these
steps are generally considered to be "house cleaning" type actions.
First, an Environmental Review Record must be prepared. This record consists of a request for
review being sent to various state and federal agencies and a documentation of their responses in
the form of a statutory checklist and an environmental assessment. The staff has determined that
this project will have no significant effect on the environment. As a result of this determination, the
Council is in a position to designate the Mayor as the certifying officer to execute the
Environmental Certification and Release of Funds Request and to make a finding of No Significant
Environmental Impact. In addition, the Council must approve an Antidisplacement Plan even
though no displacement will occur as a part of the program. The INCOG staff has prepared those
documents.
The following is a specific explanation of each action being requested at this time. It is anticipated
that future action may be required by the Council to complete other grant requirements not directly
related to environmental concerns.
DESIGNATION OF MAYOR AS CERTIFYING OFFICER
BACKGROUND:
Federal and state regulations require that each grant recipient designate a certifying official. This
official is typically the mayor when the recipient of a grant is a municipality. The certifying official
(through use of the staff and contractually with INCOG) assumes responsibility for the
environmental review process, making findings, and signing certifications. Additionally, the
certifying official is responsible for executing a Certificate of Leverage. This document that the
City of Owasso will provide the matching funds required of the grant.
RECOMMENDATION:
The staff recommends Council designation of the Mayor as the City's certifying official for
documents required by the grant and authorized by the Council.
FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT
BACKGROUND:
This is a finding that the project is not a major federal action that will have a significant effect on
the human environment and that a request to the State for the release of project funds will not
require an Environmental Impact Statement. In order to make this finding it is necessary to
complete a Statutory Checklist, an Environmental Assessment checklist, and maintain
documentation of the Environmental Review Record information. INCOG staff has completed all
necessary requirements and documentation has been placed in the project's permanent file.
RECOMMENDATION:
The staff recommends Council approval of the INCOG reports and finding of no significant impact
on the environment as a result of the parks improvement project, and authorization for the Mayor to
execute the Finding of No Significant Impact on the Environment.
EXECUTE AN ENVIRONMENTAL CERTIFICATE AND THE REQUEST FOR
RELEASE OF FUNDS
BACKGROUND:
The Environmental Certification is a document identifying that the City has carried out its
responsibilities for environmental review in accordance with all state and federal regulations and
determined that a full Environmental Impact Statement is not required. The Environmental
Certification is a prerequisite for the Request for Release of Funds. The Request for Release of
CDBG CERTIFICATION OF LEVERAGE
ODOC proposes to provide federal funds in the amount of $58,696.00 to the City of
Owasso for carrying out a Community Development Block Grant project. Said grant
represents 50% of the total project cost. The City of Owasso certifies the amount of
58696.00 will be provided as a 50 % leverage in the following manner:
Source
General Fund Account
Amount
$58,696.00
Documentation must accompany this form confirming that leverage funds have been
secured and are available for use with the approval CDBG project.
Examples of Documentation:
Local Funds: Resolution describing from what account funds will be
obtained.
RDA OWRB EPA, EDA or Other Funding Source: A copy of the
approved application stating the availability of funds that will be used for
the approved CDBG Project.
Force Account: Title of employees working for the project, their existing
rates of pay and the number of hours credited toward the CDBG project.
City of Owasso
(City/Town/County
Stephen Cataudella, Mayor
(Typed Name & Title)
(Signature)
(Date)
ATTEST
(Signature)
Sherry Bishop, City Clerk
(Typed Name & Title)
(Date)
Form 401 -B
Attachment 7
STATUTORY CHECKLIST
24 CFR §58.5 STATUTES, EXECUTIVE ORDERS & REGULATIONS
Project Name: City of Owasso, Restroom Infrastructure
Project Description (Include purpose, need, and all actions which are either geographically or functionally related):
Funds will be used for the construction of a publicly owned Restroom in the Neighborhood Rayola Park located in a low and
moderate income area in the City of Owasso.
Location: City of Owasso - Section 29, Township 21 North, Range 14 East, Tulsa County
This project will have no significant impact.
Compliance Factors: Consultatio Conditi
Consistency Comp /lance Documentation
Statutes, Executive Orders, and N/ n, Review, on,
'
Regulations listed at 24 CFR A Permits Mltigatl
PCO r, PAmirPri on on Appendix III
No negative impact; letter sent to SHPO
Historic Preservation
X
and OK Archeological; responses
[36 CFR Part 800]
received 10 -02 -07 and 09 -12 -07
respectively.
The project is not located in the
Floodplain Management
Foodplain. No negative Impact; letter
[24 CFR 55 Executive Order
X
sent to Corps of Engineers, response
11988]
received 10- 02 -07.
Not negatively impacted: Letters sent to
Wetland Protection
X
Corps & Cons. Comm., responses
[Executive Order 119990]
received 10 -02 -07 and 10 -10 -07
respective .
Coastal Zone Management
Project location Is an inland area not in a
Coastal Zone Management Act
X
coastal zone, as defined by federal
[Sections 307 (c), (d)]
regulations.
Sole Source Aquifers Safe
This project is not located within a U.S.
Drinking Water Act (42 USC 201,
X
EPA - designated sole source aquifer
300(f) & 21 USC 349) [40 CFR
watershed area per EPA Ground Water
149]
Office.
Fish and Wildlife Endangered
X
No impact: Form letter in file.
Species Act [50 CFR 402]
Wild and Scenic Rivers
The project location is not located near
Wild and Scenic Rivers Act
X
any wild and scenic river.
[Sections 7(b), and (c)]
Air Quality will not be negatively
Clean Air
X
impacted; letter sent to DEQ, response
Clean Air Act
received 09- 21 -07.
[Sections 176 (c), (d), and 40
CFR 6, 51, 93]
Farmland Protection
Construction activity will take place on
Farmland Protection Policy Act
X
land already dedicated to current
[7 CFR 658]
residential use.
The proposed site is suitable for its
proposed use and will NOT be adversely
Environmental Justice
X
impacted by adverse environmental
[Executive Order 12898]
conditions; Letter sent to DEQ, response
received 09- 21 -07.
Activities will not have a negative impact
Water Quality
X
on the water quality. Letters sent to
DEQ and CORP, response received 09-
21-07 and 10 -02 -07 respectively.
The project will comply with all legal
State /Local Statutes
X
ordinances and review requirements of
the City of Owasso.
HUD ENVIRONMENTAL STANDARDS
Noise Abatement and Control [24
X
No negative impact; letter sent to DEQ
CFR 51B]
response received 09 -21 -07 respectively.
Explosive and Flammable
No negative impact; Letter sent to DEQ,
Operations
Operations
X
response received 09 -21 -07 respectively.
[24 CFR
The subject and adjacent properties are
free of hazardous material,
Toxic Chemicals and Radioactive
contamination, toxic chemicals, gasses
Materials
X
and radioactive substances which could
[24 CFR 58/5 (i)]
affect the health or safety of occupants
or conflict with the intended use of the
subject p ro e
Airport Clear Zones and Accident
X
No airports in the immediate vicinity of
Potential Zones [24 CFR 51D]
the project.
Solid Waste Disposal
X
This project will not have an impact on
solid waste.
PREPARER SIGNATURE: ,� /�a,!��+- �sii2ov� DATE: �s�f '�O%
PREPARER NAME: Barbara Albritton
RESPONSIBLE EN77TV AGENCY
OFFICIAL SIGNATURE: DATE:
NAME, TITLE: Stephen Cataudella, Mayor
COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT
AND INTENT TO REQUEST RELEASE OF FUNDS
City of Owasso November 7, 2007
P.O. Box 180
Owasso, OK 74055
Contact: Eric Wiles (918) 376 -1500
This notice shall satisfy the above -cited two separate but related procedural
notification requirements.
On or about November 26, 2007, the City of Owasso will submit a request to the
Oklahoma Department of Commerce (ODOC) for the release of Community Development
Block Grant (CDBG) Program funds under Title 1 of the Housing and Community
Development Act of 1974, as amended, to undertake a project known as the 12985
CDBC; 07 Rayola park Restroom Improvement Program for the purpose of
constructing a new restroom in a low /mod area of the City of Owasso,
Tulsa County, Oklahoma, The estimated project construction cost is
$112,170.
The City of Owasso has been determined that the project will have no significant
impact on the human environment. Therefore, an Environmental Impact Statement
under the National Environmental Policy Act of 1969 (NEPA) is not required.
Additional project information is contained in the Environmental Review Record
(ERR) on file at the office of the Community Development Director for the City
of Owasso at the above address and may be examined or copied weekdays from 8:00
A.M. to 5:00 P.M.
PUBLIC COMMENTS
Any individual, group or agency disagreeing with this determination or wishing
to comment on the project may submit written comments to the Community
Development Director of the City of Owasso at the above address. All comments
received by November 26, 2007 will be considered by the City of Owasso prior to
authorizing submission of a request for release of funds. Commentors should
specify which part of this Notice they are addressing.
The City of Owasso certifies to ODOC that Craig Thoendel in his capacity as
Mayor, consents to accept the jurisdiction of the Federal Courts if an action is
brought to enforce responsibilities in relation to the environmental review
process and that these responsibilities have been satisfied. ODOC's approval of
the certification satisfies its responsibilities under NEPA and related laws and
authorities, and allows the City of Owasso to use Program funds.
OBJECTIONS TO RELEASE OF FUNDS
ODOC will consider objections to its release of funds and the City of Owasso's
certification received by December 11, 2007 or a period of fifteen days from its
receipt of the request (whichever is later) only if it is on one of the
following basis: (a) that the certification was not executed by the Certifying
Officer or other officer of the City of Owasso approved by ODOC; or (b) the City
of Owasso has omitted a step or failed to make a decision or finding required by
HUD regulations at 24 CPR Part 58; (c) the grant recipient or other participants
in the project have committed funds or incurred costs not authorized by 24 CPR
Part 58 before approval of a release of funds by ODOC; or (d) another Federal
agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that
the project is unsatisfactory from the standpoint of environmental quality.
Objections must be prepared and submitted in accordance with the required
procedures (24 CFR Part 58) and shall be addressed to the Oklahoma Department of
Commerce at P.O. Box 26980, Oklahoma City, Oklahoma 73126 -0980. Potential
objectors should contact ODOC to verify the actual last day of the objection
period.
Stephen Cataudella, Mayor
BY:
Oklahoma Historical Society Founded May 27, 1893
State Historic Preservation Office
Oklahoma History Center • 2401 North Laird Ave. • Oklahoma City, OK 73105 -7914
p (405) 521 -6249 • Fax (405) 522 -0816 • www.okWstory.org /shpo /shpom.htrn
October 1, 2007
Ms. Jocelynne Parker
State /Federal Program Assistant
INCOG
201 W. 5th Street, Suite 600
Tulsa, OK 74103 -4236
RECEIVED
OCT 0 2 2001
BY:
RE: File #2280 -07; Owasso CDBG for Splash Pad Restroom Improvements
at Royola Park
Dear Ms. Parker:
We have received and reviewed the documentation concerning the
referenced project in Tulsa County. Additionally, we have examined
the information contained in the Oklahoma Landmarks Inventory (OLI)
files and other materials on historic resources available in our
office. We find that there are no historic properties affected by
the referenced project.
Thank you for the opportunity to comment on this project. We look
forward to working with you in the future.
If you have any questions, please contact Charles Wallis, RPA,
Historical Archaeologist, at 405/521 -6381.
Should further correspondence pertaining to this project be neces-
sary, the above underlined file number must be referenced. Thank you.
Sincerely,
Melvena Heisch
Deputy State Historic
Preservation Officer
MH:bh
A%�
Oklahoma Archeological Survey
THE UNVERSITY OF OKLAHOMA
September 10, 2007
Jocelynne M. Parker
INCOG
201 West 5h Street, Ste. 600
Tulsa, Oklahoma 74103 -4236
RE: City of Owasso CDBG 07 for Restroom Infrastructure Improvements. Legal Description: NW '/,
Section 29 T21N R14E, Tulsa County, Oklahoma.
Dear Ms. Parker:
The Community Assistance Program staff of the Oklahoma Archeological Survey has reviewed the above
referenced project in order- to identify potential areas that may contain prehistoric or historic archaeological
materials (historic properties). The location of your project has been crosschecked with the state.site files
containing approximately 18,000 archaeological sites that are currently recorded for the state of Oklahoma.
No sites are listed as occurring within your project area, and based on the topographic and hydrologic
setting; no archaeological materials are likely to be encountered. Thus an archaeological field inspection is
not considered necessary. However, should construction activities expose buried archaeological materials
such as chipped stone tools, pottery, bone, historic crockery, glass, metal items or building materials, this
agency should be contacted immediately at (405) 325 -7211. A member, of our staff will be sent to evaluate
the significance of these remains.
This environmental re,6ew and evaluation is performed in order to locate, record, and preserve Oklahoma's
prehistoric and historic cultural heritage in cooperation with the State Historic Preservation Office,
Oklahoma. Historical Society. In addition to our review comments, under 36CFR Part 800.3 you are
reminded of your responsibility to consult with the appropriate Native American tribe /groups to identify
any concerns they may have pertaining to this undertaking and potential impacts to properties of traditional
and/or ceremonial value. Thank you.
Sincerely, //A// /,-Yz&
1 L�ibltr: T. re Robert L. BrooL;
y
Staff Archaeologist State Archaeologist
:Is
Cc: SHPO
111 E. Chesapeake, Room 102, Norman, Oklahoma 73019.5111 PHONE: (405) 325 -7211 FAX: (405) 325 -7604
�')wA-S5CP
The City Wit out Limits.
...removing
obstacles
standing
in the way
of people
celebrating
their lives.
Attachment 14
FINDING OF NO SIGNIFICANT IMPACT
ODOC CDBG Contract Number: 12985
It is the finding of City of Owasso, Oklahoma, that the following activities proposed in its
Community Development Block Grant project do not constitute an action that would have a
significant impact on the quality of the human environment, consistent with the provisions of 24
CFR 58, Subpart E and that these activities are in compliance with the environmental
requirements of related Federal authorities. The activities and the related authority for this
finding are listed below:
The FY 2007 CDBG project will involve the construction on a new restroom facility in Royola
Park. This project activity adds a new restroom facility and per Sec. 58.36 Environmental
Assessments, is not an exempt activity or is categorically excluded under sections §58.34 and
58.35. Therefore an assessment was prepared.
4'71. 2 A-d--
Andy Armstrong Date
Environmental Certifying Officer
Date
111 N. Main (918) 376 -1500
P.O. Box 180 City of Owasso FAX (918) 376 -1597
Owasso, Oklahoma 74055 A City Of Character www.cityofowasso.com
Attachment 13
Part 2. Environmental Certification (to be completed by responsible entity)
With reference to the above Program Activity(ies) /Project(s), I, the undersigned officer of the responsible entity, certify
that:
1. The responsible entity has fully carried out its responsibilities for environmental review, decision - making and
action pertaining to the projects(s) named above.
2. The responsible entity has assumed responsibility for and complied with and will continue to comply with,
the National Environmental Policy Act of 1969, as amended, and the environmental procedures, permit
requirements and statutory obligations of the laws cited in 24 CFR 58.5; and also agrees to comply with the
authorities in 24 CFR 58.6 and applicable State and local laws.
3. After considering the type and degree of environmental effects identified by the environmental review
completed for the proposed project described in Part I of this request, I have found that the proposal did
_did not__ require the preparation and dissemination of an environmental impact statement.
4. The responsible entity has disseminated and/or published in the manner prescribed by 24 CFR 58.43 and
58.55 a notice to the public in accordance with 24 CFR 58.70 and as evidenced by the attached copy (copies)
or evidence of posting and mailing procedure.
S. The dates for all statutory and regulatory time periods for review, comment or other action are in compliance
with procedures and requirements of 24 CFR Part 58.
6. in accordance with 24 CFR 58.71 (b), the responsible entity will advise the recipient (if different from the
responsible entity) of any special environmental conditions that must be adhered to in carrying out the
project.
As the duly designated certifying official of the responsible entity, 1 also certify that:
7. I am authorized to and do consent to assume the status of Federal official under the National Environmental
Policy Act of 1969 and each provision of law designated in the 24 CFR, 58.5 list ofNEPA- related authorities
insofar as the provisions of these laws apply to the HIJO responsibilities for environmental review, decision -
making and action that have been assumed by the responsible entity.
8. I am authorized to and do accept, on behalf of the recipient personally, the jurisdiction of the Federal courts
for the enforcement of all these responsibilities, in my capacity as certifying officer of the responsible entity.
Signature of Certifying Officer of the Responsible Entity Stephen Cataudella, Mayor
Date signed
X
PO Box 180, Owasso, OK 74055 -0180
Part 3. To be completed when the Recipient is not the Responsible Entity
The recipient requests the release of funds for the programs and activities identified in Part I and agrees to abide by the
special conditions, procedures and requirements of the environmental review and to advise the responsible entity of any
proposed change in the scope of the project or any change in environmental conditions in accordance with 24 CFR
58.71(b).
Signature of Authorized Officer of the Recipient Mayor
Date signed
Attachment 1
REQUEST FOR RELEASE OF FUNDS
OFFICE OF COMMUNITY DEVELOPMENT
Grantee Name: City of Owasso
Grantee Phone #:
Contract Number
918 -376 -1500
12985 CDBG 07
Address: PO Box 180, Owasso, OK 74055 -0180
Date of Request
November 6, 2007
Consultant Name: Andy Armstrong
Consultant Address: 201 W. 5'h Street, Suite 600, Tulsa, OK 74103
Consultant Phone #:
918 -584 -7526
Brief Project Description Funds will be used for the construction of a publicly owned Restroom in the Neighborhood Rayola Park
located in a low and moderate income area in the City of Owasso.
Include the appropriate letter for each item submitted in the adjoining box
Items
Verified
Submitted
By ODOC
REQUIREMENT 403
I.
Categorically Excluded /Exempt From ROF Publication
Not Applicable
A. Certification of Categorical Exclusion/Exemption.
(Attachment 10)
B. Historical Clearance
C. Archeological Clearance
H.
Categorically Excluded Activity
Not Applicable
A. Certification of Categorical Exclusion (Attachment 11)
B. Notice of Intent (Proof of Publication or Posting)
(Attachment 12)
C. Environmental Certification (Attachment 13)
D. Historical Clearance
E. Archeological Clearance
III.
Assessment Activity
A, B, C, D, E
A. Finding of No Significant Impact (Attachment 14)
B. Concurrent Notice (Proof of Publication of Posting)
(Attachment 15)
C. Environmental Certification (Attachment 13)
D. Historical Clearance
E. Archeological Clearance
REQUIREMENT 401
IV.
Leverage/Matching Funds
A, B
A. Funds have been committed toward the completion of
project.
B. Attachment 1 & Supporting Documentation
V.
Insurance & bonding
A, B
A. Evidence of General Liability Insurance
B. Evidence of City/County City/County Bonding
Vl.
Anti - Displacement Plan Requirement 401
A
A. Attachment 3 or 4
VII.
Additional Requirements for ROF
Not Applicable
A. Special Conditions are specified in Section I1 of the CDBG
contract:
B. Audit accepted by ODOC if applicable
C. DEQ Permit (Phased Contracts Only)
D. Other: (Identify if
applicable)
VIII.
NAME and TITLE of Authorized Official
Cataudella. Maygr
_Stephen
Type or Print must be legible
Date
Signature of Authorized Official
Form 401 -A
401 -11
RESIDENTIAL ANTI - DISPLACEMENT AND RELOCATION ASSISTANCE
PLAN
The City of Owasso will undertake community development activities funded through the
Community Development Block Grant program. No demolition or conversion of
low /moderate- income dwelling units is anticipated by the City hi conjunction with the
activities assisted with these funds. Under Section 104 (d) of the Housing and
Community Development act of 1974, as Amended, if such demolition or conversion
unexpectedly occurs, before obligating or expending funds that will directly result in such
demolition or conversion, the City will make public and submit to the Oklahoma
Department of Commerce the following information in writing:
1. A description of proposed assisted activity;
2. The location on a map and number of dwelling units by size (number of
bedrooms) that will be demolished or converted to a use other than as
low /moderate - income dwelling units as a direct result of the assisted activity;
3. A time schedule for commencement and completion of the demolition or
conversion;
4. The location on a map and number of dwelling units by size (number of
bedrooms) that will be provided as replacement dwelling units;
5. The source of funding and a time schedule for the provision of replacement
dwelling units;
6. The basis for concluding that each replacement dwelling unit will remain a
low /moderate - income dwelling unit for at least 10 years from the date of initial
occupancy, and;
7. Information demonstrating that any proposed replacement of dwelling units with
smaller dwelling units is consistent with the housing needs of low /moderate-
income households in the jurisdiction.
If displacement of low /moderate- income households occurs in conjunction with the
community development activities funded with CDBG funds, the City will provide
relocation assistance, as described in 570.496(b)(2) to each low /moderate- income
household displaced by the demolition of housing or by the conversion of a
low /moderate- income dwelling to another use as a direct result of assisted activities.
For: City of Owasso Attest:
By: By:
Mayor
City Clerk
M E M O R A N D U M
DATE: OCTOBER 30, 2007
TO: ERIC WILES — CITY OF OWASSO
FROM: ANDY ARMSTRONG - INCOG
RE: ENVIRONMENTAL REVIEW RECORD FOR 12985
CDBG 07 — RAYOLA PARK RESTROOM
IMPROVEMENTS
CC:
As a part of the requirements of the CDBG Community Development Project,
the City of Owasso must show that it has met environmental regulations by
preparing an Environmental Review Record. INCOG staff has prepared the
Environmental Review Record for the above referenced project and has
determined that the project will have no significant effect on the environment.
Several council actions must be taken to document this determination. Those
are expressed below in the form of proposed agenda items.
The City Council must take one additional, related, action to request a Release
of Funds for the project. That action is the approval of an Antidisplacement Plan
for the project (even though no displacement of homes or businesses will
occur). The INCOG staff recommends that the City Council take the following
actions:
REQUESTED AGENDA ITEMS:
1) Designate the City's Chief Executive Officer, the Mayor, as the certifying
officer under the National Environmental Policy Act of 1969 to assume
overall responsibility for the environmental review process.
2) Make a Finding of No Significant Impact on the Environment for the
#12985 CDBG 07 Rayola Park Restroom Improvement Program Activity.
3) Authorize the Mayor to sign the Certification of Leverage, Environmental
Certification and Request for Release of Funds.
4) Approve an Antidisplacement Plan for the #12985 CDBG 07 Rayola
Park Restroom Improvement Program.
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: TERESA WILLSON
INFORMATION SYSTEMS DIRECTOR
SUBJECT: WIRELESS NETWORK BID AWARD FOR FIRE STATION NO.3
DATE: October 31, 2007
BACKGROUND:
The construction project for Fire Station No. 3, located at 9900 N. 145th East Avenue, includes
the installation of wireless network equipment essential in joining the facility with the City's
Local Area Network for technology services. Initially, the cost of the project was anticipated to
be within the City Manager's spending authority; however inquiries indicate the actual cost will
be over $25,000, requiring the receipt of sealed bids and Council approval. Therefore, staff has
requested sealed quotes from three qualified vendors.
The Fire Station is expected to be occupied in November 2007. In order not to delay connection
of the fire station to the city's computer network, the staff has placed an action item on the
November 6, 2007 agenda even though, as of the date of this memo, bids have not been received.
INFORMATION:
Requests for sealed quotes were delivered to three area vendors that provide wireless network
services. Minimum hardware specifications, as well as facility locations and installation
requirements were included in the request. Such vendors include:
Atlas Computer, Owasso, Oklahoma
Total Radio, Tulsa, Oklahoma
DTS Communications, Pryor, Oklahoma
The deadline for receiving sealed quotes is 1:30 p.m. on November 5, 2007. Quotes received
will be opened at that time in the City Hall Main Conference Room. Staff will review each quote
received for accuracy and completeness.
FI TNnINf_-
Funding for the installation of the wireless network is included within the FY 2007 -2008 CIP
budget for the initial construction of the new fire station. The estimated total for the wireless
installation is approximately $27,000.
RECOMMENDATION:
Upon a thorough review of each submitted quote, staff will recommend Council award the
installation of wireless network equipment at the regularly scheduled meeting.
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
THE HONORABLE CHAIR AND TRUSTEES
OWASSO PUBLIC WORKS AUTHORITY
FROM: RODNEY J. RAY
CITY MANAGER
SUBJECT: APPROVAL OF FINAL DEVELOPMENT AGREEMENT
DATE: November 6, 2007
BACKGROUND:
On July 17, 2007, the City Council and the Owasso Public Works Authority approved a
Development Agreement among the City of Owasso, the OEDA, the OPWA and SF Shops
Investors, L.P. The agreement provided for development incentives in the amount of
$4,600,000.00 to be paid to SF Shops Investors, L.P. over an estimated 8.5 years. The sources of
funds for these payments are revenues generated by sales tax from properties included in the
development area.
Based upon the approval granted by the City Council, the OPWA (and previously) by the
OEDA, the staff began to work toward the "closings" necessary to finalize the Hunt -ONG
transactions. However, that task proved to be more complicated and difficult than initially
thought. Even though the City and Hunt Properties thought all issues were resolved, all of
ONG's issues had evidently not been resolved. Since August, the staff has acted as the facilitator
to complete the ONG property acquisition by Hunt and the subsequent construction and
relocation of the ONG facility to Cherokee Industrial Park. That task is now completed and all
closings are accomplished.
During the final discussions between the parties, however, changes were made to "the process"
outlined in the approved development agreement. While none of the changes are significant,
and, even though the intent and purpose of the agreement remain unchanged, staff believes that
these changes should be approved by the City Council (because the Council approved the initial
agreement) and the OPWA. One of the changes requires ONG to pay off its note with the
OEDA rather than continuing the note payments while using the new Cherokee Industrial Park
property as loan collateral. Although that change does not have an impact on the overall
agreement, it does alter the acquisition process that was approved in the original agreement.
Other changes made to the agreement by Hunt and ONG include the initial acquisition of the
Cherokee Industrial Park property by Hunt, and the subsequent sale of that property to ONG with
a concurrent sale of the original ONG property to Hunt. These changes to the agreement were
1
made so that Hunt and ONG could engage in a "section 1031 tax exchange" and thereby receive
more favorable tax treatment.
All alterations to the agreement make changes only to the acquisition process and do not
substantively affect the outcome of the agreement. These changes, however, have prompted the
staff to resubmit the entire agreement for City Council and OPWA approval.
RECOMMENDATION:
The staff recommends City Council and Owasso Public Works Authority approval of the
proposed final Development Agreement, and authorization of the City Manager to execute the
final Agreement. Additionally, staff recommends City Council approval of the incurrence of
indebtedness by the OPWA as included in the Development Agreement.
ATTACHMENTS:
Proposed Development Agreement
Development Agreement previously approved on July 17, 2007 with changes highlighted
Memorandum dated July 13, 2007 accompanying Development Agreement
2
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this "Agreement ") is made and entered
into as of the Effective Date by and among the OWASSO PUBLIC WORKS
AUTHORITY, an Oklahoma public trust (the "Authority "), the OWASSO
ECONOMIC DEVELOPMENT AUTHORITY, an Oklahoma public trust (the
"OEDA ") SF SHOPS INVESTORS, L.P., a Texas limited partnership and/or its assigns
( "SFSI "), and for the limited purposes set forth in this Agreement, the CITY OF
OWASSO, OKLAHOMA, an Oklahoma municipality ( "City "). The Authority, the
OEDA and SFSI may be referred to herein from time to time as a "Party" and together as
the "Parties" and, unless otherwise specifically set forth in this Agreement, the term
"Party" and "Parties" shall not include the City. Capitalized terms undefined within the
context of a particular sentence shall bear the meanings given to such terms in Article I of
this Agreement.
RECITALS
A. SFSI will acquire the Oak Tree Property from OneOK, upon the
satisfaction of certain conditions set forth in this Agreement and in the
Oak Tree PSA, for the development of a retail shopping center.
B. SFSI will acquire the Cherokee Property, upon the satisfaction and/or
waiver of certain conditions set forth in the Cherokee PSA.
C. SFSI will sell the Cherokee Property to OneOK for the development of the
ONG Facility upon the Cherokee Property.
D. As a result of the transactions described in this Agreement, SFSI shall
become the owner of the Oak Tree Property free and clear of the existing
OneOK Lease and SFSI shall develop, or cause to be developed, a
proposed retail center that initially includes JC Penney as the anchor
tenant and an additional approximately 30,000 square feet of retail space
and at least one out - parcel on the Oak Tree Property.
E. OneOK shall construct and develop, or cause be constructed and
developed, the ONG Facility on the Cherokee Property.
F. This Agreement is being entered into with the expectation that the Project
proposed to be undertaken (or being undertaken) by, or facilitated by,
SFSI, will generate substantial new sales tax revenues and other benefits
for the City.
G. Prior to the date hereof, the City and SFM entered into the Smith Farm
Marketplace Development Agreement for the development, funding and
improvements related to the Smith Farm Development.
1 576522 v7 (01560.00030.001)
H. Pursuant to Title 62, Chapter 9 of the Oklahoma Statutes (the "Local
Development Act "), the City is granted the authority to provide certain
incentives and reimbursements to SFSI based on the sales tax revenue
anticipated to be created by the Project.
I. Pursuant to a separate agreement between the City and the Authority, the
City has granted all of its rights, title and interest in and to any sales tax
revenues relevant to this Agreement to the Authority.
The Authority has agreed to provide such incentives and reimbursements
to SFSI at a certain rate prior to the SFM Payoff Date and at a certain rate
after the SFM Payoff Date, all as more fully set forth in this Agreement.
K. The Authority has determined that investment, development and growth in
the Oak Tree Property would be difficult and that this Agreement and the
Project is necessary or convenient for such investment, development and
growth in and near the Oak Tree Property.
L. The expenditure of funds pursuant to the Project and to this Agreement,
made at the discretion of the Authority, is consistent with the goals and
resolutions of the City, the Authority and the OEDA and such expenditure
of funds, together with the Project and this Agreement, have been
approved by all necessary Parties.
NOW, THEREFORE, in consideration of their respective covenants and
conditions herein expressed, the Parties hereby agree as follows:
ARTICLE I
DEFINITIONS
Terms not otherwise defined in this Agreement shall bear the following meanings:
1.1. Best Buy pportionment Area. The term "Best Buy Apportionment Area"
means an "apportionment area," or "increment district," as such terms are defined in the
Local Development Act, containing the same boundaries as that certain property more
particularly described on Exhibit "A -3" attached hereto and incorporated herein.
1.2. Best Buy Tax Account. The term "Best Buy Tax Account" means, at the
discretion of the City, a separate account, not commingled with the City's general or other
funds, consisting of a sum to be determined pursuant to the terms of Section 2.2 of this
Agreement.
1.3. Business Days. The term "Business Days" means the individual week
days of Monday through and including Friday, except for when any such week day is a
holiday recognized by the State of Oklahoma in which event such week day shall not be
deemed a Business Day.
2 576522 v7 (01560.00030.001)
1.4. Cherokee Propert y. The term "Cherokee Property" means that certain real
property consisting of approximately ten (10) acres in the Cherokee Expressway
Industrial District, located in the City of Owasso, Tulsa County, Oklahoma, more
particularly described on Exhibit "A -2" attached hereto and incorporated herein.
1.5. Cherokee PSA. The term "Cherokee PSA" means that certain Contract for
Sale of Real Estate by and between Industries for Tulsa, Inc., an Oklahoma corporation
( "IFT ") and Hunt Properties, Inc., a Texas corporation ( "HPI "), dated November 14,
2006, together with any amendments or modifications thereof.
1.6. Effective Date. The term "Effective Date" means the date upon which the
last of the Parties executes this Agreement; provided, however, in the event a Party or the
City fails to enter such date below its signature, the Effective Date shall be the last of the
dates so entered.
1.7. Oak Tree Apportionment Area. The term "Oak Tree Apportionment
Area" means an "apportionment area," or "increment district," as such terms are defined
in the Local Development Act, containing the same boundaries as the Oak Tree Property.
1.8. Oak Tree Propert y. The term "Oak Tree Property" means that certain real
property located in the City of Owasso, Tulsa County, Oklahoma, more particularly
described on Exhibit "A -1" attached hereto and incorporated herein.
1.9. Oak Tree PSA. The term "Oak Tree PSA" means that certain Purchase
and Sale Agreement by and between the OEDA and OneOK dated , 2007 for the
purchase and sale of the Oak Tree Property.
1.10. Oak Tree Tax Account. The term "Oak Tree Tax Account" means a
separate account, not commingled with the City's or the Authority's general or other
accounts, consisting of the aggregate total of one cent ($0.01) of all sales tax revenue
generated from retail or other commerce from the Oak Tree Apportionment Area.
1.11. OneOK. The term "OneOK" means OneOK, Inc., an Oklahoma
corporation.
1.12. OneOK Lease. The term "OneOK Lease" means that certain Commercial
Lease Agreement between the OEDA and OneOK dated October 29, 1996.
1.13. ONG Facility. The term "ONG Facility" means that certain facility to be
constructed by or on behalf of OneOK on the Cherokee Property.
1.14. Project. The term "Project" means the acquisition of the Oak Tree
Property and the subsequent development thereon.
1.15. Reimbursement Amount. The term "Reimbursement Amount" means a
fixed sum in the amount of Four Million Six Hundred Thousand and No /100 Dollars
($4,600,000.00).
3 576522 v7 (01560.00030.001)
1.16. SFM. The term "SFM" means SF Marketplace Investors, Ltd., a Texas
limited partnership.
1.17. SFM Payoff Date. The term "SFM Payoff Date" means the date upon
which all obligations of the Authority under the Smith Farm Marketplace Agreement
have been paid and satisfied.
1.18. Smith Farm Marketplace Agreement. The term "Smith Farm Marketplace
Agreement" means that certain Infrastructure Improvement Agreement dated October
2004 by and among the Authority and SFM.
1.19. Smith Farm Development. The term "Smith Farm Development" means
that certain project and those certain mutual agreements and covenants set forth in the
Smith Farm Marketplace Agreement, as more specifically described therein.
1.20. Smith Farm Marketplace Apportionment Area. The term "Smith Farm
Marketplace Apportionment Area" means an "apportionment area," or "increment
district," as such terms are defined in the Local Development Act, containing the same
boundaries as the "Property" as such term is defined in the Smith Farm Marketplace
Agreement.
1.21. Smith Farm Marketplace Tax Account. The term "Smith Farm
Marketplace Tax Account" means a separate account, not commingled with the City's or
the Authority's general or other accounts, consisting of the aggregate total of one -half of
one cent ($0.005) of all sales tax revenue generated from retail or other commerce from
the Smith Farm Marketplace Apportionment Area.
ARTICLE II
ESTABLISHMENT OF APPORTIONMENT AREAS
2.1. Establishment of Oak Tree Apportionment Area. The Authority, acting by
and through its powers pursuant to the Local Development Act, hereby establishes the
Oak Tree Apportionment Area for the purposes of administering the Oak Tree Tax
Account in accordance with the terms of this Agreement.
2.2. Establishment of Best Buy Apportionment Area. The Authority, acting by
and through its powers pursuant to the Local Development Act, will consider establishing
the Best Buy Apportionment Area in Fiscal Year 2008 -2009 for the purposes of creating
a Best Buy Tax Account in accordance with the terms of this Agreement. Nothing within
the terms of this Agreement currently permits or compels any sales tax generated by Best
Buy to be included in the remittance amount paid to SFSI.
ARTICLE III
TERMINATION OF ONEOK LEASE;
TITLE AND DEEDS
4 576522 v7 (01560.00030.001)
3.1. Termination of OneOK Lease. The OneOK Lease shall be terminated and
of no further force and effect as of the closing pursuant to the Oak Tree PSA, without any
further action by SFSI, OneOK and/or the OEDA.
3.2. Title to Oak Tree Propert y. At the closing pursuant to the Oak Tree PSA,
SFSI shall be vested title in and to the Oak Tree Property free and clear of any liens or
encumbrances, including without limitation, the OneOK Lease, except those liens created
by or consented to by SFSI.
3.3. Title to Cherokee Propert y. Within two (2) Business Days of the closing
pursuant to the Cherokee PSA, SFSI shall cause a special warranty deed to be recorded
vesting title in the Cherokee Property to OneOK (or to OneOK's 1031 exchange
intermediary, if requested by OneOK) free and clear of any liens or encumbrances,
except those liens created by OneOK or consented to by the OneOK.
ARTICLE IV
REIMBURSEMENT
4.1. Authority Partici ap tion. In consideration for SFSI's development of the
Project, the Authority agrees, subject to the terms of this Agreement, to pay SFSI the
Reimbursement Amount. The Parties and the City agree that the Reimbursement
Amount is a fixed sum.
4.2. Segregation of Tax Accounts. The Authority covenants and agrees to
separately maintain the Oak Tree Tax Account and the Smith Farm Marketplace Tax
Account from each other and from the City's and the Authority's general or other
accounts.
4.3. Monthly Sales Tax Reports. Within five (5) Business Days of the end of
each month, the Authority shall submit a report in writing to SFSI detailing the current
balance and the method of calculation of the Oak Tree Tax Account and the Smith Farm
Marketplace Tax Account.
4.4. Sources and Limits of Funds. Prior to the SFM Payoff Date, the
Reimbursement Amount shall be paid to SFSI from the Oak Tree Tax Account, if and
when such sales tax increments are received and available for such purpose. After the
SFM Payoff Date, the Reimbursement Amount shall be paid to SFSI from the Oak Tree
Tax Account and the Smith Farm Marketplace Tax Account, if and when such sales tax
increments are received and available for such purpose.
4.5. Method of Pavment. Prior to the SFM Payoff Date, SFSI may request
payment from the Authority in an amount not to exceed the lesser of the then - current
total of the Oak Tree Tax Account or the unpaid Reimbursement Amount. After the SFM
Payoff Date, SFSI may request payment from the Authority in an amount not to exceed
the lesser of. (a) the then - current aggregate total of. (i) the Oak Tree Tax Account and (ii)
the Smith Faun Marketplace Tax Account or (b) the unpaid Reimbursement Amount.
The Authority shall make reimbursement payments to SFSI in good funds within five (5)
Business Days of any such request.
5 576522 v7 (01560.00030.001)
4.6. Additional Economic Incentives. In addition to the Oak Tree Tax Account
and the Smith Farm Marketplace Tax Account, the City and the Authority agree, to the
extent allowed by law, to (a) expedite the process for hearings, reviews, inspections and
contacts within the City's and Authority's staff in order to ensure timely completion of the
Project; (b) consider, and at the City's and the Authority's sole discretion, to use, any
other source of funds in order to pay the Reimbursement Amount; (c) to promptly
approve and authorize payment to SFSI of the funds in accordance with and pursuant to
this Agreement; and (d) consider any other reasonable requests made by SFSI in order to
complete the Project.
ARTICLE V
REMEDIES
In the event of any default in or breach of any terms or conditions of this
Agreement by any Party, or any successor, the defaulting or breaching Party shall, upon
written notice from the other Party, proceed immediately to cure or remedy such default
or breach, and shall in any event, within thirty (30) days after receipt of notice,
commence to cure or remedy such default. In case such cure or remedy is not taken or
not diligently pursued, or the default or breach shall not be cured or remedied within a
reasonable time, the aggrieved Party may institute such proceedings as may be necessary
or desirable in its opinion to cure and remedy such default or breach, including but not
limited to proceedings to compel specific performance by the defaulting or breaching
Party. The parties, their successors and assigns, further agree that the other Party shall
have the right and power to institute and prosecute proceedings to enjoin the threatened
or attempted violation of any clauses contained herein. Notwithstanding the foregoing or
anything to the contrary contained in this Agreement, in the event of a breach or
termination of this Agreement, such breach or termination shall have no effect upon the
Smith Farm Marketplace Agreement.
ARTICLE VI
MISCELLANEOUS.
6.1. Choice of Law. This Agreement shall be taken and deemed to have been
fully executed and made by the Parties herein and governed by the laws of the State of
Oklahoma for all purposes and intents.
6.2. Recitals. All recitals are incorporated into this Agreement as material
terms of this Agreement.
6.3. Assignment; Successors and Assigns. SFSI may assign, without the prior
written consent of the City, the Authority or the OEDA, this Agreement, the Project or
any interest in this Agreement, including, without limitation, the right to receive
payments, and upon any such assignment, the assignee or successor shall be deemed to
have assumed the duties and obligations of SFSI hereunder; provided, however, SFSI
agrees to deliver written notice to the Authority of any such assignment within thirty (30)
days of such assignment. Neither the Authority nor the OEDA shall have the right to
assign its duties or obligations under this Agreement without the prior written consent of
6 576522 v7 (01560.00030.001)
SFSI. All rights, obligations and liabilities herein given to or imposed upon any Party
hereto shall extend to the permitted successors and assigns of such Party. In the event
SFSI sells, assigns or transfers its interest in the Project, SFSI shall be relieved of all
liability under this Agreement as of the date of such sale, assignment or transfer and the
assignee shall assume all obligations and liability under this Agreement as of the date of
such sale or assignment.
6.4. Entire Agreement. The Parties agree that this Agreement constitutes the
entire agreement between the Parties and that no other agreements or representations
concerning completion of the Project, other than those contained in this Agreement, have
been made by the Parties. This Agreement shall be amended only in writing, and
effective when signed by the authorized agents of the Parties.
6.5. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall constitute one and the same instrument.
6.6. Severability. In the event that any term or provision or this Agreement is
held to be unenforceable by a court of competent jurisdiction, the remainder shall
continue in full force and effect to the extent the remainder can be given effect without
the invalid provision.
6.7. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors, heirs and assigns.
6.8. Costs. In the event of a dispute relating to the matters set forth herein, the
prevailing Party shall be entitled to reimbursements for all reasonable attorneys' fees and
expenses incurred in connection therewith.
6.9. Notices. Any notice, request or demand provided for in this Agreement
shall be deemed to have been sent when the notice has been delivered by personal
delivery, overnight mail or delivery service, facsimile or deposited in the United States
mail, registered or certified, with postage thereon prepaid to the addresses as set forth
below. Notice shall be deemed received upon the earlier of. (1) if personally delivered
(whether by courier or overnight private mail or delivery services), the date of delivery;
(ii) if mailed, three (3) Business Days after the date of posting by the United States post
office; or (iii) if given by facsimile when sent. The parties' addresses are as follows:
To the Authority: Rodney Ray, OWPA Manager
City of Owasso
111 North Main Street
Owasso, Oklahoma 74055
Fax No. 918.376.1599
With a Copy to: Julie Lombardi, OPWA General Counsel
576522 v7 (01560.00030.001)
City of Owasso
111 N. Main Street
Tulsa, OK 74055
Fax No. 918.376.1599
To SFSI: SF Shops Investors, L.P.
c/o Hunt Properties, Inc.
8235 Douglas Avenue
Dallas, Texas 75225
Attn: Jim Shindler, Sr. Vice President
Fax No. 214.706.3251
With a Copy to: Kane Russell Coleman & Logan PC
1601 Elm Street, Suite 3700
Dallas, Texas 75201
Attn: Raymond J. Kane
Fax No. 214.777.4299
6.10. Authority & City. This Agreement shall become a binding obligation
upon execution by all parties hereto. The Authority warrants and represents that the
individual executing this Agreement on behalf of the Authority has full authority to
execute this Agreement and bind the Authority to the same. The Authority further
warrants and represents that this Agreement is valid and enforceable under applicable law
and the City's charter, and that the City has taken all requisite action necessary to approve
this Agreement. The OEDA warrants and represents that the individual executing this
Agreement on behalf of the OEDA has full authority to execute this Agreement and bind
the OEDA to the same. The OEDA further warrants and represents that this Agreement
is valid and enforceable under applicable law and the City's charter, and that the City and
the OEDA have each taken all requisite action necessary to approve this Agreement. By
its signature below, the City acknowledges and agrees that the City has transferred and
assigned to the Authority all of the City's rights, title and interest in and to the sales tax
revenues for the purposes of disbursing the Reimbursement Amount from the Oak Tree
Tax Account and the Smith Farm Marketplace Tax Account. SFSI warrants and
represents that the individual executing this Agreement on its behalf has full authority to
execute this Agreement and bind SFSI to the same. SFSI further warrants and represents
that this Agreement is valid and enforceable under applicable law and SFSI's corporate
documents, and that SFSI has taken all requisite action necessary to approve this
Agreement.
IN WITNESS WHEREOF the parties have executed this instrument to be
effective as of the day and year first above written.
[Remainder of Page Intentionally Left Blank; Signature Page(s) Attached Hereto.]
8 576522 v7 (01560.00030.001)
EXHIBIT "A -1"
LEGAL DESCRIPTION OF THE OAK TREE PROPERTY
Lot One (1), Block (1) of Oak Tree Business Park, an Addition to the City of Owasso,
County of Tulsa, State of Oklahoma, according to that certain plat recorded in Volume
Page of the plat records of Tulsa County, Oklahoma.
576522 v7 (01560.00030.001)
EXHIBIT "A -2"
LEGAL DESCRIPTION OF THE CHEROKEE PROPERTY
A tract of land in the East Half of the Southeast Quarter of the Southeast Quarter (E /2 SEA
SE /4) of Section Thirty -Three (33), Township Twenty -one North (T- 21 -N), Range Thirteen
East (R- 13 -E), of the Indian Base and Meridian, Tulsa County, State of Oklahoma, being
more particularly described as follows:
Commencing at the Southeast corner of Section 33, Township 21 North, Range 13 East,
Thence N 01'05'52" W along the East line of said Section 33 for a distance of 60.00 feet to
the Point of Beginning; Thence S 88 °48'46" W, parallel with the South line of the SEA of
said Section 33, for a distance of 656.99 feet to the West line of the E/2 of the SEA of the
SEA of said Section 33; Thence N 1 °08'20" W along said West line for a distance of 704.00
feet; Thence N 88 °48'46" E for a distance of 657.50 feet to the East line of said E/2 of the
SEA of the SE /4; Thence S 1'05'52" E along said East line for a distance of 704.00 feet to
the Point of Beginning.
576522 v7 (01560.00030.001)
EXHIBIT "A -3"
LEGAL DESCRIPTION OF THE BEST BUY APPORTIONMENT AREA
Parcel One:
A tract of land situated in the Northeast Quarter of the Northwest Quarter (NE /4 NW /4)
of Section Twenty (20), Township Twenty -one (21) North, Range Fourteen (14) East of
the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U. S.
Government Survey thereof; being more particularly described as follows, to -wit:
COMMENCING from the Northeast Comer of the NE /4 NW /4; THENCE South along
the East line of said NEA NW /4 a distance of 290.00 feet to the Point of Beginning;
THENCE South 1 °14'12" East and along the East line of said N E/4 NW /4 a distance of
708.20 feet to a point on the Northerly right of way line of U. S. Highway 169; THENCE
South 48 °54'01" West and along said Northerly right of way line a distance of 273.98
feet; THENCE North 22'15'20" West a distance of 492.84 feet to a point on the Easterly
boundary line of OAK TREE BUSINESS PARK, an Addition to the City of Owasso,
Tulsa County, State of Oklahoma, according to the recorded Plat No. 5154; THENCE
along said Easterly boundary line North 72 °45'33" East a distance of 90.00 feet;
THENCE along said Easterly boundary line along a curve to the left having a radius of
415.00 feet a distance of 535.99 feet to a point which has a chord North 35 °45'33" East a
distance of 499.51 feet to a point; said point being the POINT OF BEGINNING.
Parcel Two:
A tract of land situated in the Northwest Quarter of the Northeast Quarter (NW /4 NE /4)
of Section Twenty (20), Township Twenty -one (21) North, Range Fourteen (14) East of
the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U. S.
Government Survey thereof; being more particularly described as follows, to -wit:
COMMENCING from the Northeast Corner of the NE /4 NWA; THENCE South along
the East line of said NE /4 NW /4 a distance of 50 feet to the Point of Beginning;
THENCE South 86 °02'32" East and along the South Right of Way line of U. S. Highway
169 a distance of 20.08 feet; THENCE South 1 °14'12" East and parallel with the East line
of said NEA NW /4 a distance of 929.68 feet to a point on the Northerly Right of Way
line of U. S. Highway 169; THENCE South 48 °54'01" West and along said Northerly
Right of Way line a distance of 26.06 feet; THENCE North 1 °14'12" West and along the
East line of said NEA NW /4 a distance of 948.20 feet to the POINT OF BEGINNING.
576522 v7 (01560.00030.001)
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this "Agreement ") is made and entered
into as of the Effective Date by and among the OWASSO PUBLIC WORKS
AUTHORITY, an Oklahoma public trust (the "Authori " ), the OWASSO
ECONOMIC DEVELOPMENT AUTHORITY, an Oklahoma public trust (the
"OEDA ") SF SHOPS INVESTORS, L.P., a Texas limited partnership and/or its assigns
( "SFSI "), and for the limited purposes set forth in this Agreement, the CITY OF
OWASSO, OKLAHOMA, an Oklahoma municipality ( "Cily"). The Authority, the
OEDA and SFSI may be referred to herein from time to time as a "Party" and together as
the "Parties" and, unless otherwise specifically set forth in this Agreement, the term
"Party" and "Parties" shall not include the City. Capitalized terms undefined within the
context of a particular sentence shall bear the meanings given to such terms in Article I of
this Agreement.
RECITALS
A. SFSI will acquire the Oak Tree Property, euffently owned by the OED A
from OneOK, upon the satisfaction of certain conditions set forth in this
Agreement and in the Oak Tree PSA, for the development of a retail
shopping center.
B. SFSI will acquire, f f the benefit of the nomP , the Cherokee Property,
upon the satisfaction and/or waiver of certain conditions set forth in the
Cherokee PSA;,
C. SFSI will sell the Cherokee Property to OneOK for the development of the
ONG Facility upon the Cherokee Property.
D. As a result of the transactions described in this Agreement, SFSI shall
become the owner of the Oak Tree Property free and clear of the existing
OneOK Lease and SFSI shall develop, or cause to be developed, a
proposed retail center that initially includes JC Penney as the anchor
tenant and an additional approximately 30,000 square feet of retail space
and at least one out - parcel on the Oak Tree Property. Additionally, S!
E. OneOK shall construct and develop, or cause be constructed and
developed, the ONG Facility on the Cherokee Property.
F. This Agreement is being entered into with the expectation that the Project
proposed to be undertaken (or being undertaken) by, or facilitated by,
SFSI, will generate substantial new sales tax revenues and other benefits
for the City.
576522 v36 (01560.00030.001)
G. Prior to the date hereof, the City and SFM entered into the Smith Farm
Marketplace Development Agreement for the development, funding and
improvements related to the Smith Farm Development.
H. Pursuant to Title 62, Chapter 9 of the Oklahoma Statutes (the "Local
Development Act "), the City is granted the authority to provide certain
incentives and reimbursements to SFSI based on the sales tax revenue
anticipated to be created by the Project.
Pursuant to a separate agreement between the City and the Authority, the
City has granted all of its rights, title and interest in and to any sales tax
revenues relevant to this Agreement to the Authority.
J. The Authority has agreed to provide such incentives and reimbursements
to SFSI at a certain rate prior to the SFM Payoff Date and at a certain rate
after the SFM Payoff Date, all as more fully set forth in this Agreement.
K. The Authority has determined that investment, development and growth in
the Oak Tree Property would be difficult and that this Agreement and the
Project is necessary or convenient for such investment, development and
growth in and near the Oak Tree Property.
L. The expenditure of funds pursuant to the Project and to this Agreement,
made at the discretion of the Authority, is consistent with the goals and
resolutions of the City, the Authority and the OEDA and such expenditure
of funds, together with the Project and this Agreement, have been
approved by all necessary Parties.
NOW, THEREFORE, in consideration of their respective covenants and
conditions herein expressed, the Parties hereby agree as follows:
ARTICLE I
DEFINITIONS
Terms not otherwise defined in this Agreement shall bear the following meanings:
1.1. Best Buy Apportionment Area. The term "Best Buy Apportionment Area"
means an "apportionment area," or "increment district," as such terms are defined in the
Local Development Act, containing the same boundaries as that certain property more
particularly described on Exhibit "A -3" attached hereto and incorporated herein.
1.2. Best Buy Tax Account. The term "Best Buy Tax Account" means, at the
discretion of the City, a separate account, not commingled with the City's general or other
funds, consisting of a sum to be determined pursuant to the terms of Section 2.2 of this
Agreement.
2 576522 v56 (01560.00030.001)
1.3. Business Days. The term "Business Days" means the individual week
days of Monday through and including Friday, except for when any such week day is a
holiday recognized by the State of Oklahoma in which event such week day shall not be
deemed a Business Day.
1.4. Cherokee Property. The term "Cherokee Property" means that certain real
property consisting of approximately ten (10) acres in the Cherokee Expressway
Industrial District, located in the City of Owasso, Tulsa County, Oklahoma, more
particularly described on Exhibit "A -2" attached hereto and incorporated herein.
1.5. Cherokee PSA. The term "Cherokee PSA" means that certain Contract for
Sale of Real Estate by and between Industries for Tulsa, Inc., an Oklahoma corporation
( "IFT ") and Hunt Properties, Inc., a Texas corporation ( "HPI "), dated November 14,
2006, together with any amendments or modifications thereof.
1.6. Effective Date. The term "Effective Date" means the date upon which the
last of the Parties executes this Agreement; provided, however, in the event a Party or the
City fails to enter such date below its signature, the Effective Date shall be the last of the
dates so entered.
1.7. Oak Tree Apportionment Area. The term "Oak Tree Apportionment
Area" means an "apportionment area," or "increment district," as such terms are defined
in the Local Development Act, containing the same boundaries as the Oak Tree Property.
1.8. Oak Tree Property. The term "Oak Tree Property" means that certain real
property located in the City of Owasso, Tulsa County, Oklahoma, more particularly
described on Exhibit "A -1" attached hereto and incorporated herein.
1.9. Oak Tree PSA. The term "Oak Tree PSA" means that certain Purchase
and Sale Agreement by and between the OEDA and SF-910neOK dated , 2007 for
the purchase and sale of the Oak Tree Property.
1.10. Oak Tree Tax Account. The term "Oak Tree Tax Account" means a
separate account, not commingled with the City's or the Authority's general or other
accounts, consisting of the aggregate total of one cent ($0.01) of all sales tax revenue
generated from retail or other commerce from the Oak Tree Apportionment Area.
1.11. OneOK. The term "OneOK" means OneOK, Inc., a Tian
Oklahoma corporation.
1.12. OneOK Lease. The term "OneOK Lease" means that certain Commercial
Lease Agreement between the OEDA and OneOK dated October 29, 1996.
576522 v36 (01560.00030.001)
1.13. ONG Facility. The term "ONG Facility" means that certain facility to be
constructed by or on behalf of 84zS40neOK on the Cherokee Property 4 r ��
OneOK, - 1ts suEE2'SS6rS @�aSfi-I- g}? ?�,- l -kaiit t6 t1iffit. EEA.t' 1} HTrEquk$itzvrr- and cvirrcraccron
Management Agr-Eemefltl -d-ated , 2007 by and among OED n , SFS1 an'
OneOK.
1.14. Project. The term "Project" means the acquisition of theCher-eleeOak
Tree Property and the eenstfuetion of the ONG Faeilitysubsequent development thereon.
1.15. Reimbursement Amount. The term "Reimbursement Amount" means a
fixed sum in the amount of Four Million Six Hundred Thousand and No /100 Dollars
($4,600,000.00).
1.16. SFM. The term "SFM" means, collectively, SF Marketplace Investors,
Ltd., a Texas limited partnership and SF Crossing Investors, Ltd., a Texas limited
partnership.
1.17. SFM Payoff Date. The term "SFM Payoff Date" means the date upon
which all obligations of the Authority under the Smith Farm Marketplace Agreement
have been paid and satisfied.
1.18. Smith Farm Marketplace Agreement. The term "Smith Farm Marketplace
Agreement" means that certain Development Agreement dated October _, 2004 by and
among the Authority and SFM.
1.19. Smith Farm Development. The term "Smith Farm Development" means
that certain project and those certain mutual agreements and covenants set forth in the
Smith Farm Marketplace Agreement, as more specifically described therein.
1.20. Smith Farm Marketplace Apportionment Area. The term "Smith Farm
Marketplace Apportionment Area" means an "apportionment area," or "increment
district," as such terms are defined in the Local Development Act, containing the same
boundaries as the "Property" as such term is defined in the Smith Farm Marketplace
Agreement.
1.21. Smith Farm Marketplace Tax Account. The term "Smith Farm
Marketplace Tax Account" means a separate account, not commingled with the City's or
the Authority's general or other accounts, consisting of the aggregate total of one -half of
one cent ($0.005) of all sales tax revenue generated from retail or other commerce from
the Smith Farm Marketplace Apportionment Area.
ARTICLE II
ESTABLISHMENT OF APPORTIONMENT AREAS
4 576522 v56 (01560.00030.001)
2.1. Establishment of Oak Tree Apportionment Area. The Authority, acting by
and through its powers pursuant to the Local Development Act, hereby establishes the
Oak Tree Apportionment Area for the purposes of administering the Oak Tree Tax
Account in accordance with the terms of this Agreement.
2.2. Establishment of Best Buy Apportionment Area. The Authority, acting by
and through its powers pursuant to the Local Development Act, will consider establishing
the Best Buy Apportionment Area in Fiscal Year 2008 -2009 for the purposes of creating
a Best Buy Tax Account in accordance with the terms of this Agreement. Nothing within
the terms of this Agreement currently permits or compels any sales tax generated by Best
Buy to be included in the remittance amount paid to SFSI.
ARTICLE III
TERMINATION OF ONEOK LEASE;
TITLE AND DEEDS
3.1. Termination of OneOK Lease. The OneOK Lease shall be terminated and
of no further force and effect as of the closing pursuant to the Oak Tree PSA, without any
further action by SFSI, OneOK and/or the OEDA. As of the date of elesi g under- the
3.2. Title to Oak Tree Property. Within five ") Business Dayg --& At the
closing pursuant to the Oak Tree PSA , the shat „*° an - era general
wafr-anty deed the V V OEL
SFSI shall be vested title in and to the Oak Tree Property to SFS1
free and clear of any liens or encumbrances, including without limitation, the OneOK
Lease, except those liens created by or consented to by SFSI.
3.3. Title to Cherokee Property. Within fiuetwo (45� Business Days of the
closing pursuant to the Cherokee PSA, SFSI shall cause a special warranty deed to be
recorded vesting title in the Cherokee Property to the OEDAOneOK (or to OneOK's 1031
exchange intermediary, if requested by OneOK) free and clear of any liens or
encumbrances, except those liens created by the OE DA ^ (inel ding at OED A this..°* ...
OneOK or consented to by the 0EPAQneOK.
ARTICLE IV
REIMBURSEMENT
4.1. Authori . Participation. In consideration for SFSI's development of the
Project, the Authority agrees, subject to the terms of this Agreement, to pay SFSI the
5 576522 vM (01560.00030.001)
and authority,
without P. need f6f any fui4hei aeti•6n by ", -of
the Gaines, to-c
se, exx ,,
develep,
leeated
buildings,
the nay Tree n its dise
appw4enanees-
.
on
- ivP° rty it -sole - and -absolute retiox
3.2. Title to Oak Tree Property. Within five ") Business Dayg --& At the
closing pursuant to the Oak Tree PSA , the shat „*° an - era general
wafr-anty deed the V V OEL
SFSI shall be vested title in and to the Oak Tree Property to SFS1
free and clear of any liens or encumbrances, including without limitation, the OneOK
Lease, except those liens created by or consented to by SFSI.
3.3. Title to Cherokee Property. Within fiuetwo (45� Business Days of the
closing pursuant to the Cherokee PSA, SFSI shall cause a special warranty deed to be
recorded vesting title in the Cherokee Property to the OEDAOneOK (or to OneOK's 1031
exchange intermediary, if requested by OneOK) free and clear of any liens or
encumbrances, except those liens created by the OE DA ^ (inel ding at OED A this..°* ...
OneOK or consented to by the 0EPAQneOK.
ARTICLE IV
REIMBURSEMENT
4.1. Authori . Participation. In consideration for SFSI's development of the
Project, the Authority agrees, subject to the terms of this Agreement, to pay SFSI the
5 576522 vM (01560.00030.001)
Reimbursement Amount. The Parties and the City agree that the Reimbursement
Amount is a fixed sum.
4.2. Segregation of Tax Accounts. The Authority covenants and agrees to
separately maintain the Oak Tree Tax Account and the Smith Farm Marketplace Tax
Account from each other and from the City's and the Authority's general or other
accounts.
4.3. Monthly Sales Tax Reports. Within five (5) Business Days of the end of
each month, the Authority shall submit a report in writing to SFSI detailing the current
balance and the method of calculation of the Oak Tree Tax Account and the Smith Farm
Marketplace Tax Account.
4.4. Sources and Limits of Funds. Prior to the SFM Payoff Date, the
Reimbursement Amount shall be paid to SFSI from the Oak Tree Tax Account, if and
when such sales tax increments are received and available for such purpose. After the
SFM Payoff Date, the Reimbursement Amount shall be paid to SFSI from the Oak Tree
Tax Account and the Smith Farm Marketplace Tax Account, if and when such sales tax
increments are received and available for such purpose.
4.5. Method of Pa,ment. Prior to the SFM Payoff Date, SFSI may request
payment from the Authority in an amount not to exceed the lesser of the then- current
total of the Oak Tree Tax Account or the unpaid Reimbursement Amount. After the SFM
Payoff Date, SFSI may request payment from the Authority in an amount not to exceed
the lesser of. (a) the then - current aggregate total of. (i) the Oak Tree Tax Account and (ii)
the Smith Farm Marketplace Tax Account or (b) the unpaid Reimbursement Amount.
The Authority shall make reimbursement payments to SFSI in good funds within five (5)
Business Days of any such request.
4.6. Additional Economic Incentives. In addition to the Oak Tree Tax Account
and the Smith Farm Marketplace Tax Account, the City and the Authority agree, to the
extent allowed by law, to (a) expedite the process for hearings, reviews, inspections and
contacts within the City's and Authority's staff in order to ensure timely completion of the
Project; (b) consider, and at the City's and the Authority's sole discretion, to use, any
other source of funds in order to pay the Reimbursement Amount; (c) to promptly
approve and authorize payment to SFSI of the funds in accordance with and pursuant to
this Agreement; and (d) consider any other reasonable requests made by SFSI in order to
complete the Project.
ARTICLE V
REMEDIES
In the event of any default in or breach of any terms or conditions of this
Agreement by any Party, or any successor, the defaulting or breaching Parry shall, upon
6 576522 v36 (01560.00030.001)
written notice from the other Party, proceed immediately to cure or remedy such default
or breach, and shall in any event, within thirty (30) days after receipt of notice,
commence to cure or remedy such default. In case such cure or remedy is not taken or
not diligently pursued, or the default or breach shall not be cured or remedied within a
reasonable time, the aggrieved Party may institute such proceedings as may be necessary
or desirable in its opinion to cure and remedy such default or breach, including but not
limited to proceedings to compel specific performance by the defaulting or breaching
Party. The parties, their successors and assigns, further agree that the other Party shall
have the right and power to institute and prosecute proceedings to enjoin the threatened
or attempted violation of any clauses contained herein. Notwithstanding the foregoing or
anything to the contrary contained in this Agreement, in the event of a breach or
termination of this Agreement, such breach or termination shall have no effect upon the
Smith Farm Marketplace Agreement.
ARTICLE VI
MISCELLANEOUS.
6.1. Choice of Law. This Agreement shall be taken and deemed to have been
fully executed and made by the Parties herein and governed by the laws of the State of
Oklahoma for all purposes and intents.
6.2. Recitals. All recitals are incorporated into this Agreement as material
terms of this Agreement.
6.3. Assignment; Successors and Assigns. SFSI may assign, without the prior
written consent of the City, the Authority or the OEDA, this Agreement, the Project or
any interest in this Agreement, including, without limitation, the right to receive
payments, and upon any such assignment, the assignee or successor shall be deemed to
have assumed the duties and obligations of SFSI hereunder; provided, however, SFSI
agrees to deliver written notice to the Authority of any such assignment within thirty (30)
days of such assignment. Neither the Authority nor the OEDA shall have the right to
assign its duties or obligations under this Agreement without the prior written consent of
SFSI. All rights, obligations and liabilities herein given to or imposed upon any Party
hereto shall extend to the permitted successors and assigns of such Party. In the event
SFSI sells, assigns or transfers its interest in the Project, SFSI shall be relieved of all
liability under this Agreement as of the date of such sale, assignment or transfer and the
assignee shall assume all obligations and liability under this Agreement as of the date of
such sale or assignment.
6.4. Entire Agreement. The Parties agree that this Agreement constitutes the
entire agreement between the Parties and that no other agreements or representations
concerning completion of the Project, other than those contained in this Agreement, have
been made by the Parties. This Agreement shall be amended only in writing, and
effective when signed by the authorized agents of the Parties.
7 576522 v3-6 (01560.00030.001)
6.5. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall constitute one and the same instrument.
6.6. Severability. In the event that any term or provision or this Agreement is
held to be unenforceable by a court of competent jurisdiction, the remainder shall
continue in full force and effect to the extent the remainder can be given effect without
the invalid provision.
6.7. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors, heirs and assigns.
6.8. Costs. In the event of a dispute relating to the matters set forth herein, the
prevailing Party shall be entitled to reimbursements for all reasonable attorneys' fees and
expenses incurred in connection therewith.
6.9. Notices. Any notice, request or demand provided for in this Agreement
shall be deemed to have been sent when the notice has been delivered by personal
delivery, overnight mail or delivery service, facsimile or deposited in the United States
mail, registered or certified, with postage thereon prepaid to the addresses as set forth
below. Notice shall be deemed received upon the earlier of. (1) if personally delivered
(whether by courier or overnight private mail or delivery services), the date of delivery;
(ii) if mailed, three (3) Business Days after the date of posting by the United States post
office; or (iii) if given by facsimile when sent. The parties' addresses are as follows:
To the Authority: Rodney Ray, OWPA Manager
City of Owasso
111 North Main Street
Owasso, Oklahoma 74055
Fax No. 918.376.1599
With a Copy to: Julie Lombardi, OPWA General Counsel
City of Owasso
111 N. Main Street
Tulsa, OK 74055
Fax No. 918.376.1599
To SFSI: SF Shops Investors, L.P.
c/o Hunt Properties, Inc.
8235 Douglas Avenue
Dallas, Texas 75225
Attn: Jim Shindler, Sr. Vice President
Fax No. 214.706.3251
With a Copy to: Kane Russell Coleman & Logan PC
1601 Elm Street, Suite 3700
8 576522 v36(01560.00030.001)
Dallas, Texas 75201
Attn: Raymond J. Kane
Fax No. 214.777.4299
6.10. Authority. This Agreement shall become a binding obligation
upon execution by all parties hereto. The Authority warrants and represents that the
individual executing this Agreement on behalf of the Authority has full authority to
execute this Agreement and bind the Authority to the same. The Authority further
warrants and represents that this Agreement is valid and enforceable under applicable law
and the City's charter, and that the City has taken all requisite action necessary to approve
this Agreement. The OEDA warrants and represents that the individual executing this
Agreement on behalf of the OEDA has full authority to execute this Agreement and bind
the OEDA to the same. The OEDA further warrants and represents that this Agreement
is valid and enforceable under applicable law and the City's charter, and that the City and
the OEDA have each taken all requisite action necessary to approve this Agreement. By
its signature below, the City acknowledges and agrees that the City has transferred and
assigned to the Authority all of the City's rights, title and interest in and to the sales tax
revenues for the purposes of disbursing the Reimbursement Amount from the Oak Tree
Tax Account and the Smith Farm Marketplace Tax Account. SFSI warrants and
represents that the individual executing this Agreement on its behalf has full authority to
execute this Agreement and bind SFSI to the same. SFSI further warrants and represents
that this Agreement is valid and enforceable under applicable law and SFSI's corporate
documents, and that SFSI has taken all requisite action necessary to approve this
Agreement.
IN WITNESS WHEREOF the parties have executed this instrument to be
effective as of the day and year first above written.
(Remainder of Page Intentionally Left Blank; Signature Page(s) Attached Hereto. J
9 576522 v56 (01560.00030.001)
EXHIBIT "A -1"
LEGAL DESCRIPTION OF THE OAK TREE PROPERTY
Lot One (1), Block (1) of Oak Tree Business Park, an Addition to the City of Owasso,
County of Tulsa, State of Oklahoma, according to that certain plat recorded in Volume
Page of the plat records of Tulsa County, Oklahoma.
576522 v36 (01560.00030.001)
EXHIBIT "A -2"
LEGAL DESCRIPTION OF THE CHEROKEE PROPERTY
A tract of land in the East Half of the Southeast Quarter of the Southeast Quarter (E /2
SE /4 SE /4) of Section Thirty -Three (33), Township Twenty -one North (T- 21 -N), Range
Thirteen East (R- 13 -E), of the Indian Base and Meridian, Tulsa County, State of
Oklahoma, being more particularly described as follows:
Commencing at the Southeast corner of Section 33, Township 21 North, Range 13 East,
Thence N 01 °05'52" W along the East line of said Section 33 for a distance of 60.00 feet
to the Point of Beginning; Thence S 88 °48'46" W, parallel with the South line of the SE /4
of said Section 33, for a distance of 656.99 feet to the West line of the E/2 of the SEA of
the SEA of said Section 33; Thence N 1 °08'20" W along said West line for a distance of
704.00 feet; Thence N 88 °48'46" E for a distance of 657.50 feet to the East line of said
E/2 of the SEA of the SEA; Thence S 1'05'52" E along said East line for a distance of
704.00 feet to the Point of Beginning.
576522 v36 (01560.00030.001)
EXHIBIT "A -3"
LEGAL DESCRIPTION OF THE BEST BUY APPORTIONMENT AREA
Parcel One:
A tract of land situated in the Northeast Quarter of the Northwest Quarter (NE /4 NW /4)
of Section Twenty (20), Township Twenty -one (21) North, Range Fourteen (14) East of
the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U. S.
Government Survey thereof; being more particularly described as follows, to -wit:
COMMENCING from the Northeast Comer of the NE /4 NW /4; THENCE South along
the East line of said NE /4 NW /4 a distance of 290.00 feet to the Point of Beginning;
THENCE South 1'14'12" East and along the East line of said N E/4 NW /4 a distance of
708.20 feet to a point on the Northerly right of way line of U. S. Highway 169; THENCE
South 48 °54'01" West and along said Northerly right of way line a distance of 273.98
feet; THENCE North 22 °15'20" West a distance of 492.84 feet to a point on the Easterly
boundary line of OAK TREE BUSINESS PARK, an Addition to the City of Owasso,
Tulsa County, State of Oklahoma, according to the recorded Plat No. 5154; THENCE
along said Easterly boundary line North 72 °4533" East a distance of 90.00 feet;
THENCE along said Easterly boundary line along a curve to the left having a radius of
415.00 feet a distance of 535.99 feet to a point which has a chord North 35 °45'33" East a
distance of 499.51 feet to a point; said point being the POINT OF BEGINNING.
Parcel Two:
A tract of land situated in the Northwest Quarter of the Northeast Quarter (NW /4 NE /4)
of Section Twenty (20), Township Twenty -one (21) North, Range Fourteen (14) East of
the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U. S.
Government Survey thereof; being more particularly described as follows, to -wit:
COMMENCING from the Northeast Corner of the NE /4 NW /4; THENCE South along
the East line of said NE /4 NW /4 a distance of 50 feet to the Point of Beginning;
THENCE South 86 002'32" East and along the South Right of Way line of U. S. Highway
169 a distance of 20.08 feet; THENCE South 1'14'12" East and parallel with the East line
of said NE /4 NW /4 a distance of 929.68 feet to a point on the Northerly Right of Way
line of U. S. Highway 169; THENCE South 48 °54'01" West and along said Northerly
Right of Way line a distance of 26.06 feet; THENCE North 1'14'12" West and along the
East line of said NE /4 NW /4 a distance of 948.20 feet to the POINT OF BEGINNING.
576522 v -56 (01560.00030.001)
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: RODNEY J RAY
CITY MANAGER
SUBJECT: DEVELOPMENT AGREEMENT
HUNT PROPERTIES (SF SHOPS INVESTORS)
DATE: JULY 13, 2007
BACKGROUND:
For the past several months, the city staff has participated in discussions that were
initiated to determine the possibility of converting the Owasso Oklahoma Natural Gas
Facility (located on 96th Street east of US 169) from its light industrial use as a field
maintenance facility to a commercial use that would create jobs, increase investment in
the community and produce sales tax for city operations. On June 19, the City Council
authorized negotiations to be conducted with both Hunt Properties (SF Shops Investors,
L.P.) of Dallas, TX and ONG for the purpose of developing an agreement that was based
on a development concept presented to the City Council at that meeting (and previously
presented to the Owasso Economic Development Authority).
Those negotiations have now been finalized and memorialized in an agreement (attached
for your review). Previous actions relating to this matter include: enabling decisions by
the OEDA to waive certain portions of the existing ONG lease, the execution of a
contract for the purchase of property by Hunt at the Cherokee Industrial Park for the
future home of ONG's Owasso facility, the execution of a contract for the sale of
property to Hunt properties by Betty Smith (for a parcel located adjacent to the existing
ONG site), a lease agreement between the City of Owasso and ONG for temporary
administrative offices during the construction of the new facility and the final approval of
plans for the new ONG Facility by the ONG administration.
Studies and research were required by both the City of Owasso and Hunt as due diligence
on the part of each participant. Those issues included projections for sales tax revenue,
impact of the commercial development on traffic, utilities, and detention, traffic studies,
area retail sales history, and impact on city services.
THE DEVELOPMENT AGREEMENT CONCEPT:
As previously presented to both the City Council and the OEDA, the basis for the
proposed agreement is a "payback" of a portion of the sales tax generated by the
Development Agreement
July 13, 2007
Page 2 of 3
development to the developer over time. The final payback proposal is $4,600,000 over a
period estimated to be 8 '/z years. The negotiated source of payback funds is a
combination of one cent of the sales tax from the newly developed ONG property and a
one -half cent contribution from the existing Smith Farm Market that would be effective
upon the payoff of the original $2,200,000 payback pledged to Hunt Properties.
Additionally, Hunt Properties agrees to the construction of an initial 144,000 sq feet of
retail space, including. a 30,000 sq ft. bookstore, a 10,000 sq ft cosmetics sales store, and
a 7,800 sq ft out - parcel restaurant. Hunt Properties also will reconstruct the primary
entrance to the entire Smith Farm Market and must "link" the traffic signals that control
traffic into the Owasso Market and Smith Farm Market.
Under the agreed -to concept, the staff has further developed the plan and secured
approval of the parties. ONG has agreed to move its operations to Cherokee Industrial
Park. Betty Smith has agreed to the sale of 1.78 acres to Hunt. Hunt Properties has
agreed to purchase land for ONG's new facility. ONG has agreed to provide interim
"Gap" collateral for the OEDA's ONG Facility loan that will allow the loan to continue
by using the Gap Collateral until the Cherokee site is completed. The two banks involved
in the existing OEDA/ONG loan have agreed to continue ONG's loan contingent upon
the required "gap collateral" being posted and the eventual use of the Cherokee facility as
the sole collateral. Owasso 20 Properties has agreed to the sale of eleven acres for use as
a regional detention facility.
FUNDING THE AGREEMENT:
The key component to this agreement is the use of future revenue generated by the sales
taxes from the development area as a payback. The proposal is for the OPWA to pay to
Hunt Properties one cent of all of the sales taxes generated by the property. Additionally,
the proposal includes one -half of one cent of all sales tax from the Smith Farm
development area to be paid to Hunt Properties (after the original payback is completed).
The TOTAL amount to be paid to Hunt Properties is $4,600,000. There are no interest
charges on this payback and Hunt must "front" all of the cost associated with the
development. The OPWA is under no obligation to pay Hunt from any other revenues
and there is no requirement if revenues produced by the development do not meet annual
or long -term estimates.
Based on current projections the $4,600,000 would be paid off in approximately seven
and one -half to nine years.
I-R AIVA N011UR
The staff estimates the sales taxes generated by the development will be $900,000
annually, a ten -year collection of $9,000,000. During that time, the payback will be
$4,600,000 leaving the City with about $4,400,000 in new revenue to be applied to
Development Agreement
July 13, 2007
Page 3 of 3
operations ($1,400,000) and Capital Improvements ($3,000,000). Annually, beginning in
the next fiscal year the city should gain $600,000 in additional sales tax.
RECOMMENDATION:
The staff recommends City Council and Owasso Public Works Authority approval of the
proposed Development Agreement and authorizes the Mayor and Chair to execute the
Agreement. Additionally staff recommends City Council approval of the incurrence of
indebtedness by the OPWA as included in the Development Agreement.
Note: The OPWA is included in this agreement because the sales tax payback is made
through the OPWA. The OEDA is included in the agreement because it has ownership of
the ONG existing property and will own the Cherokee ONG Property until the ONG loan
is fully paid.
ATTACHMENT:
Proposed Development Agreement