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HomeMy WebLinkAbout2006 17_Accepting Interest in Vision Authority_2006.07.11CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2006-17 A RESOLUTION ACCEPTING BENEFICIAL INTEREST IN THE TULSA COUNTY VISION AUTHORITY FOR AND ON BEHALF OF THE CITY OF OWASSO, OKLAHOMA. WHEREAS, It is in the best interest of the City of Owasso to participate as a member of the Tulsa County Vision Authority. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Owasso, Oklahoma as the governing body of said City hereby accepts, for and on behalf of said City, the beneficial interest in the Declarartion of Trust creating the public trust desiganted as the Tulsa County Vision Authority, provided for in the Declaration of Trust of said public trust, in all respects in accordance with said Declaration of Trust. ADOPTED this 11" day of July, 2006. Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST TO ACCEPT BENEFICIAL INTEREST IN VISION 2025 COUNTY -WIDE TRUST AUTHORITY DATE: July 6, 2006 BACKGROUND: On September 9, 2003, Tulsa County voters approved a county -wide increase in sales tax as a funding source for capital improvement projects (known as Vision 2025). In approving the sales tax increase the voters also established a process and legal mechanism for the disbursement of any funds "excess" to the cost of the approved projects. That mechanism was the creation of a "Public Trust" (like our OPWA or OPGA) that would be given the authority to determine the use and distribution of any excess funds generated by the sales tax. The Trust would also have the authority to add to or delete projects from the approved list of funded capital improvement projects. The voters required the Public Trust to be comprised of seven members to include the Mayor of the City of Tulsa, the three County Commissioners and three mayors of Tulsa County Cities or Towns, one from each Commission district appointed by the County Commissioners. These seven members would form the Trust and would meet to determine the distribution of additional funds if such were available. On June 26, 2006, the Tulsa County Commission initiated the creation of the public trust as authorized by the voters and accepted "beneficial interest" in that trust. The City of Owasso is designated as an "additional beneficiary" of the public trust, but may not legally become a beneficiary until the Owasso City Council adopts a resolution officially accepting that beneficial interest. The County Commission has requested all Tulsa County Cities and Towns take action to accept beneficial interest in the Trust. WHY IS THIS REQUEST BEING MADE: The reason for this request to create a Trust centers on an anticipated request by the City of Tulsa for additional funding for the already under construction downtown arena. Last estimates indicate that the currently approved level of funding for the arena ($141 million dollars) will be insufficient to complete the project as planned and that additional funding is needed to complete the project. Estimates for the amount of additional funding needed range from thirty -four million dollars to forty -two million dollars. Financial consultants for the County have indicated that the current rate of revenue generated by the sales tax will result in an estimated one - hundred and four million dollars in excess collections over the life of the tax (the tax will expire. January 1, 2017). Based on that prediction, the possibility exists that the additional funding needed by the City of Tulsa for the arena could be secured by an additional appropriation of "Vision 2025" funds to that project. However, in order to appropriate those additional funds, the required Public Trust referred to above must be created to hear and act on the request. WHO WILL BE ON THE TRUST: The Trust members will consist of Mayor Taylor(Tulsa), Commissioner Collins, Commissioner Dick, Commissioner Miller, Mayor Stan Sallee (Collinsville), Mayor Richard Carter (Broken Arrow) and Mayor Shayne Buchanan (Glenpool). Please note that the three mayors representing Tulsa County Cities have not yet been officially appointed, although each Commissioner has strongly indicated their choice for the positions and I fully expect the appointments to be made as soon as the resolutions accepting beneficial interest are approved. OPTIONS: The City does have options in responding to this request and may proceed by accepting beneficial interest in the Trust, or by choosing not to do so. By accepting beneficial interest, the City better positions itself to participate as a recipient of future allocations of excess revenues, if such are determined to be available. However, it should be noted that if the City were not to participate, county officials have said that the City would not be automatically excluded from receiving additional future funding from excess 2025 sales tax revenues. It should also be noted that a city's decision not to proceed as a member of the Trust would not prevent the Trust from being formed. Based on a discussion with the bond counsel, it appears to me that the trust could be formed without all of the Tulsa County Cities participating in its creation. RECOMMENDATION: The staff recommends City Council approval of Resolution No. 2006 -17 accepting beneficial interest in the "Tulsa County Vision Authority ". ATTACHMENT: 1. Resolution No. 2006 -17 2. Proposed Trust Document