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HomeMy WebLinkAbout1999.07.08_OEDA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO ECONOMIC DEVELOPMENT AUTHORITY TYPE OF MEETING DATE TIME: PLACE: Regular July 8, 1999 10:00 a.m. Owasso City Hall Lower Level Conference Room 207 S Cedar, Owasso, OK Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 9:00 a.m. on Monday, July 6, 1999. Marcia outwell, City Clerk AGENDA Call to Order 2. Roll Call 3. Request Approval of Minutes of the June 10, 1999 Regular Meeting. Mr Akin Attachment #3 OWASSO ECONOMIC DEVELOPMENT AUTHORITY JULY 8, 1999 PAGE 2 4. Request Approval of Claims. Mr Akin Attachment #4 5. Presentation of Financial Report Ms Bishop Attachment #5 6. Election of Chairperson, Vice Chairperson & Secretary for 1999-2000. Mr Akin 7. Presentation by Owasso Public Schools Regarding Growth Issues. Mr Dale Johnson 8. Discussion of Hospitality/Lodging Tax to Facilitate the Enhancement of our Economic Development Program Mr Akin Attachment #8 OWASSO ECONOMIC DEVELOPMENT AUTHORITY JULY 8, 1999 PAGE 3 9. Discussion of Director's Monthly Report Mr Tobias Attachment #9 12. Adjournment OWASSO ECONOMIC DEVELOPMENT AUTHORITY MINUTES OF SCHEDULED REGULAR MEETING Thursday, June 10, 1999 PRESENT ABSENT STAFF PRESENT Gary Akin Robert Tobias Frank Enzbrenner Sherry Bishop Dee Sokolosky Jeff Hancock Brenda Lawrence Marsha Hensley Tom Kimball Brian Smith Mark Wilken ITEM 1: CALL TO ORDER Chairperson Gary Akin called the meeting to order at 10:04 AM and declared a quorum present. ITEM 2: ROLL CALL ITEM 3: REQUEST APPROVAL OF THE MINUTES OF MAY 13, 1999 REGULAR MEETING AND MAY 25. 1999 SPECIAL MEETING Mr. Enzbrenner moved to approve the minutes of the May 13, 1999 Regular Meeting and May 25, 1999 Special Meeting with a correction to Item #6 on the May 13, 1999 minutes. The last sentence should read 200,000 square feet. Also, Dee Sololosky was absent from the May 25, 1999 Special Meeting, Brian Smith's name should be deleted from the absent list. Mr. Wilken seconded the motion. The vote on the motion was recorded as follows: Akin -Yes Sokolosky -Yes Enzbrenner -Yes Lawrence -Yes Kimball -Yes Smith -Yes Wilken -Yes The motion carried 7-0. ITEM 4: REQUEST APPROVAL OF CLAIMS The only claim was for $150.00 to Ronald D. Cates. Mr. Wilken moved to approve the claim; seconded by Mr. Kimball. OWASSO ECONOMIC DEVELOPMENT AUTHORITY June 10, 1999 Page No. 2 The vote on the motion was recorded as follows: Akin -Yes Sokolosky -Yes Enzbrenner -Yes Lawrence -Yes Kimball -Yes Smith -Yes Wilken -Yes The motion carried 7-0. ITEM 5: PRESENTATION OF FINANCIAL REPORT Ms. Bishop presented the financial report. ITEM 6: PRESENTATION BY FORMATION CONSULTING GROUP REGARDING CONSIDERATION BY AVIATION-RELATED CLIENT ON EXPANSION TO OWASSO Mr. Akin introduced Mr. Chuck Tollefsen with Formation Consulting Group, which is representing Composite International, Inc., anaviation-related company that is interested in located to the Owasso area. A financial summary for Composite International, Inc. was handed out for the Trustees to review. Mr. Tollefsen made a brief presentation stating that Composite International employs approximately 30 people with that number possibly doubling in the next few years. He stated that there is a need to expand their present facility and stated that a 40,000 square foot building would be ample space. The location being considered is on 116''' Street North and 97`~ East Avenue. Mr. Akin appointed Mr. Tobias, Mr. Kimball, Mr. Sokolosky and Mr. Enzbrenner to serve as a focus team to review information and meet with David Vines, the landowner. ITEM 7: PRESENTATION AND DISCUSSION OF HOSPITALITY/LODGING TAX TO FACILITATE THE ENHANCEMENT OF ECONOMIC DEVELOPMENT PROGRAM. Mr. Akin asked Mr. Sokolosky to brief the Trustees on the meeting with Mr. Robert Patel. Discussion was held regarding the steps that need to be taken. The article from the packet was reviewed and consensus was that Mr. Tobias follow up with Mr. Cates in order to discuss the procedure involved and to review other cities ordinances. Discussion was also held concerning projects that need to be earmarked and the need to be proactive regarding the use OWASSO ECONOMIC DEVELOPMENT AUTHORITY June 10, 1999 Page No. 3 of lodging taxes. ITEM 8: PRESENTATION AND DISCUSSION OF CITY BUILDING PERMIT FEES Sherry Bishop brought the Trustees up to date on the operating structure that occurs when fees are collected through the building permit process. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR TRUSTEE ADOPTION OF AN FY 1999-2000 OPERATION BUDGET. Sherry Bishop discussed the Fiscal Year 1999-2000 Budget and the OEDA Work Plan with the Authority. She stated that OEDA is required to file an annual budget with the City of Owasso. She also explained that the proposed budget is comparable to the budget that has been approved for the past several years. Mr. Wilken suggested that in April of 2000, to prepare an annual report for the City Council showing the Owasso Economic Development's achievements of the year. Mr. Wilken also requested a focus group get together and work on specific issues that need to be accomplished. Mr. Enzbrenner moved to approve the adoption of a FY 1999-2000 operation budget. Mr. Akin seconded the motion. The vote on the motion was recorded as follows: Akin -Yes Sokolosky -Yes Enzbrenner -Yes Lawrence -Yes Kimball -Yes Smith -Yes Wilken -Yes The motion carried 7-0. ITEM 10: DISCUSSION OF DIRECTOR'S MONTHLY REPORT Mr. Tobias updated the Authority on Tulsa Technology Center. Also discussed was the widening of 76`~ Street North. OWASSO ECONOMIC DEVELOPMENT AUTHORITY June 10, 1999 Page No. 4 ITEM 11: REPORT FROM OEDA MANAGER Mr. Hancock gave an update on the status of Precision Components. He also stated that OEDA needs to establish priorities to accomplish. ITEM 12: NEW BUSINESS Mr. Wilken stated that he feels the OEDA needs to speak to Composite International, Inc. concerning a confidentiality policy with them. Also, Mr. Wilken presented a thank you note from Owasso Golf and Athletic Club stating their appreciation. (attached) ITEM 13: ADJOURNMENT Mr. Enzbrenner moved to adjourn, seconded by Mr. Smith. The vote on the motion was recorded as follows: Akin -Yes Sokolosky -Yes Enzbrenner -Yes Lawrence -Yes Kimball -Yes Smith -Yes Wilkin -Yes The motion carried 7-0 and the meeting was adjourned at 11:55 AM. Gary Akin, Chairperson Date Approved ~, ~~ ~~~~~~~ `~ ~~~ , ~C . ~ :J ,; / ~ ,~ : //// ,~ ~ 1 /'' ~ 9 ~~~ ~ ~ ~ /,~~ ~ J CL~L~ f ~ ~2~~~ C ~ ~ ~~~~i ~ ~G~C`~ ,G~ ~~ 1 c I2,~ ,~ .~ ~~ ~ ,~q~ ~ ,~~~ _ - U ~~ Owasso Economic Development Authority Schedule of Revenues and Expenses For the Month Ending June 30, 1999 Month-to-date Year-to-date Operating Revenues: Contributions Reimbursements Interest $0.00 0.00 74.13 74.13 0.00 150.00 0.00 150.00 (75.87) 0.00 0.00 $0.00 9,878.00 937.64 10, 815.64 0.00 13,038.42 0.00 13, 038.42 (2,222.78) 0.00 0.00 Total Operating Revenues Operating Expenses: Materials & supplies Services & other charges Capital outlay Total Operating Expenses Operating Income (Loss) Non-Operating Revenues (Expenses): Miscellaneous Total Non-Operating Revenues (Expenses) Net Income (Loss) Retained Earnings '"~ 07/01/98 Retained Earnings ** 06/30/99 (75.87) (2,222.78) 38,659.85 $36,437.07 '"Note: For the purposes of this report, "Retained Earnings" includes only current assets and current liabilities MEMORANDUM TO: City of Bartlesville City of Broken Arrow City of Muskogee City of Norman City of Stillwater City of Tulsa FROM: Robert M. Tobias, Jr., City of Owasso SUBJECT: Hospitality/Lodging Tax DATE: June 18, 1999 The Owasso Economic Development Authority is in the process of considering the need for ahospitality/lodging tax. Your assistance in providing a copy of the city ordinance related to this tax is appreciated. My address is as follows: City of Owasso P.O. Box 180 Owasso, OK 74055 (918) 272-4947 (918) 272-5872 Fax Thanks in advance for your assistance on this matter. Please call me if you have any questions. - ~' ORDINANCE NO. / 7~~ AN ORDINANCE CREATING $22-111 ET SEQ., LEVYING AND ASSESSING- AN BXCZSE TAX OF FOUR PERCENT (4$) UPON THE GROSS RECEIPTS DERIVED FROM RENT FOR OCCUPANCY OF HOTEL ROOMS; PROVIDING EXERTIONS; PROVIDING FOR THE ADMINISTRATION AND COLLECTION OF TAX; REQUIRING THE FILING OF RETURNS AND Tffi~ KEEPING OF RECORDS; PROVIDING FOR INTEREST AND PENALTIES; AUTHORIZING THE COUNCIL TO MAFar ADMINISTRATION AND TECHNICAL CHANGES AND ADDITIONS EXCEPT AS TO TA% RATE AND PURPOSE; REQUIRING THE APPROVAL OF THIS ORDINANCE BY MAJORITY OF REGISTERED VOTERS VOTING AT AN ELECTION HELD FOR SUCH PURPOSE AS PROVIDED BY LAW; AND FIXING $FFECTIVE DATE. ' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BROKEN ARROW: SECTION I. THE BROKEN ARROW CODE IS HEREBY AMENDED BY ADDING SECTIONS TO BE NUMBERED 522-111, ET SEQ., WHICH SAID SECTIONS READ AS FOLLOWS: 522-111. Definitions. As used in this Ordinance: a. Hotel shall mean any building or buildings, structures, trailer, or other facility in which the public may, for consideration, obtain sleeping accommodations, and is which five (5) or more rooms are used for the accommodation of such occupant whether such rooms are in one or several structures. The term shall include hotels, apartmental hotels, motels, tourist courts, lodging houses, inns, rooming houses, dormitory space where bed space is rented to individuals or groups, apartments not occupied by "permanent residents", and all other facilities where rooms or sleeping facilities or space are furnished for a consideration. The term shall not include hospitals, sanitariums or nursing homes. b. Occupancy shall mean the use or possession, or the right to the use or possession of any room or rooms in a hotel, or the right to the use or possession of the furnishings or the services and accommodations accompanying the use and possession of the room or rooms. c. occupant shall mean the person, who for a consideration, uses, possesses, or has the right to the use or possession of any room or rooms in a hotel under any lease, concession, permit, right of access, license to use, or other agreement. d. Operator shall mean any person operating a hotel within the City, included, but not limited to, the owner, proprietor, manager, lessee, sublessee, mortgagee in possession, licensee, or any other person otherwise operating such hotel. e. Permanent Resident shall mean any occupant who has or shall have the right of occupancy of any room or rooms in a hotel for at least ninety (9d) consecutive days during the current calendar year or preceding year. f. Rent shall mean the consideration received for occupancy valued in money, whether received in money or otherwise, including all receipts, cash credits, and property or services of any kind or nature, and also any amount for which credit is allowed by the operator to the occupant, without uny deduction therefrom whatsoever. One q. Return shall mean any report filed or required to be filed as herein provided. h. Room shall mean any room or suite of rooms of any kind in any part or portion of a hotel which is available for or let out for use or possessed for any purpose other than as a "place of assembly". i. Place of Assembly means a room or space which is capable of being occupied by seventy-fine (75) or more persons and which is used for educational or amusement purposes and shall include: dance halls; cabarets; night clubs; restaurants; any room or space for public~~or private banquets, feasts, socials, card parties or weddings; lodge and meeting halls or rooms; skating rinks; gymnasiums; swimming pools; billiard, bowling and table tennis rooms; halls; rooms used for public or private catering purposes; funeral parlors; markets; recreational rooms; concert halls; broadcasting studios; and all other places of similar use and occupancy. j. Taa shall mean the tax levied pursuant to this ordinance. 522-112. Tax Rate. There is hereby levied an excise tax of four percent-(4$) upon the gross proceeds or gross receipts derived from all rent for every occupancy of a room or rooms in a hotel is this City, except that the tax shall not be imposed where the rent is less than the rate of five dollars (55.00) per day. 522-113 Exemptions. (a) occupancy. The following shall be exempt from the tax levied in this Ordinance: (1) Permanent residents; (2) The IInited States Government or any agency or division thereof; (3) The State cf Oklahoma or any political subdivision thereof; and (b) Certif icate of Exemption Required. Anyone claiming to be exempt from the tax must obtain a certification from the City Manager that the person, organization, association or corporation with which the occupant affiliated is exempt from the tax. Prior to issuing such a certificate, the City Manager shall require a certification from the said organization, association or corporation _ - that the occupant is its agent, representative or employee and that - kiis occupancy of the room is required in connection with the affairs of said exempt organization, association or corporation. 522-114 Tax to be Separately Designated on Bills. The operator shall separately designate, charge and show the tax on all bills, statements, receipts or any other evidence of charge or payment of rent for occupancy issued or delivered by the operator. Ia the absence of a certificate of exemption as specified above, it shall be presumed that the rent on all occupancies is taxable, and the burden of proof shall be on the operator. $22-115 Operators' Duties (a) Oaeratar Resaonsible for Collections. The operator shall be responsible for the collection of the tax from the occupant and Qrall be liable to the City for the tax which shall be held in trust Two by the operator until paid to the City. The operator shall join the City as a party to any action brought by the operator to enforce collection of the tax. (b) Records to be Rept. Every operator shall keep records of every occupancy and of all rent paid, charged, or due thereon and of the tax payable thereon in such form as the City Manager may by regulation require. Such records shall be available for inspection and examination at any time upon demand by the City Manager, or a duly authorized agent or employee of the City, and shall be preserved for a period of three (3} years. (c) Returns. 1. Every operator shall file with the City Manager a report of occupancy and of rents, and of the taxes payable thereon for the period ending on the last day of each month following the effective date of this Ordinance. Such return shall be filed within the first fifteen (15) days after the end of each such month. 2. Each operator gha11 further file with the City Manager a copy of . their completed Oklahoma State Sales Tax form within ten (10) days after June 30th, September 30th, December 31st, and March 31st of each year following the effective date of this ordinance. 3. The form of return shall be prescribed by the City Manager and shall contain such information as may be deemed necessary for the proper administration of this Ordinance. The City Manager may require amended returns to be filed withia twenty (20) days after notice and to contain the information specified in the notice. (d) Payment of Tax. At the time of filing a return of occupancy and of rents, each operator shall pay to the City Treasurer the taxes imposed by the Ordinance upon the rents included in such return. All taxes not paid with a timely return shall be delinquent. All the taxes for the period for which a return is required to be filed shall be due from the operator and payable to the City Treasurer on or before the date fixed for the filing of the return for such period without regard to whether a return is filed or whether the return which is filed correctly shows the amount of rents and the taxes due thereon. (e) Interest. If any tax levied by this Ordinance becomes delinquent, the person responsible and liable for such tax shall pay interest on such unpaid tax at the rate of one and one-half percent (l~$) per month on the unpaid balance from the date of delinquency. ~ y22-116 Bond Required. Where the City Manager believes that any operator is about to cease business, leave the state, or remove or dissipate assets, or for any other similar reason the City Manager deems it necessary in order to protect revenues under this Ordinance may require such operator to file with the City a bond issued by a surety company authorized to transact business in the State in such amount as the City Manager may fix to secure the paynent of any tax or penalties and interest due, or which may become due from such operator. In the event that the City Manager determines that an operator is to file such bond, the City Manager shall give notice to such operator specifying the amount of security required. The operator shall file such security as a performance bond or irrevocable letter of credit within five (5} days after the filing of such notice unless within such five (5) days the operator shall. request in writing a hearing before the City Council, at which time Three the necessary propriety and amount of the bond shall be determined by the City Council. Such determination shall be final and shall be complied with within fifteen (15) days thereafter. In lieu of such bond, a cash or securities escrow, in an amount and under terms approved by the City Manager, may be deposited with the City Manager, who may at any time after five (5) days notice to the depositor, apply them to any tax and/or any penalties due and for that purpose the securities may be sold at private or public sale. $22-117. Assessment and Determination of Tax. If a return required by the Ordinance Ls not filed, or if a return when filed is incorrect or insufficient, the amount of tax due shall be assessed by the City Manager from such information as may be obtainable and, if necessary, the tax may be estimated on the basis of external indices, such as number of rooms, location, scale of rents, comparable rents, types of accommodations and services, number of employees, or other factors. Written notice of such assessments shall be given to the person liable for the collection and payment of the tax. Such assessment shall finally and irrevocably fix and determine the tax (a) unless the person against whom it is assessed, shall apply in writing to the City Council within ninety (90) days ._ after the City gives notice of such assessment, far a hearing, or _ (b) unless the City Manager decides to reassess the same. After such hearing, the City Council shall give written notice of its determination to the person against whom the tax is assessed and such determination shall be final. $22-118. Refunds. (a) Procedure.. The City Manager shall direct the refund or credit of any tax erroneously, illegally or unconstitutionally collected if written application to the City Manager for such refund is made within two (2) years from the date of payment thereof. For like causes, and in the same period, a refund may be so made upon the initiative of the City Manager, subject to existing limits on the authority of the City Manager as to amount. The City Manager, in lieu of any refund required to be made, may allow credit thereof on payments due from the applicant. Whenever a refund is made, the reasons therefor shall be stated in writing. Such application may be made by the person who has collected and paid such~tax to the City Treasurer; however, no refund of money shall be made to the operator until the operator has repaid to the occupant the amount for which the application for refund is made. (b) Determination and Hearing. Upon application for a refund the City Manager may receive evidence with respect thereto, and make such investigation as is deemed necessary. After making a determination as to the refund, the City Manager shall give written notice thereof to the applicant. Such determination shall be final unless the applicant, within ninety (90) days after such notice shall apply in writing to the City Council for a hearing. After such hearing the City Council shall give written. notice of its decision to the applicant. $22-119. Notices. Notices provided for under this Ordinance shall be deemed to have been given when such notice has been delivered personally to the operator or deposited in the United States mail, postage prepaid, to the last known address of the operator. In the absence of written evidence received by the City to the contrary, the last kr:own address shall be presumed to be the address shown on the Certificate of Regi.stratior. as required by 522-122. »our $22-120. Remedies Exclusive. The remedies provided in this Ordinance shall be the exclusive remedies available to any person for the review of tax liability imposed by this Ordinance. $22-121. General Powers of the City Manager. In addition to all other powers granted to the City Manager, the Manager is hereby authorized: (a) To make, adopt and amend rules and regulations appropriate to the execution of this Ordinance and for the purposes hereof; (b) To•extend for cause shown the time for filing any return for a period not exceeding sixty (60) days; and far cause shown to waive, remit, or reduce penalties or interest; (c) To delegate functions hereunder to authorized designees for the City; (d} To assess, reassess, determine, revise and readjust the amount of taxes (but not the tax rate) imposed by this Ordinance; (e) To prescribe methods for determining the taxable and nontaxable rents. _ (f) To administer oaths and take affidavits concerning any matter or proceeding under this Ordinance. (g) To subpoena and require the attendance of witnesses and the production of books, papers and documents to secure information pertinent to the performance and the enforcement of this Ordinance and to examine them in relation thereto. $22-122. Certificates of Registration. Every operator shall file with the City Manager a certificate of registration in a form prescribed by the City Manager within tea (10) days after the effective date of the ordinance, or in the case of operators commencing business or opening new hotels after such effective date, within three (3) days after such commencement or opening. The City Manager shall, within five (5) days after such registration, issue, without charge, to each operator a certificate of authority empowering such operator to collect the tax from the occupant and duplicates thereof for each additional hotel. Each certificate or duplicate shall state the hotel to which it is applicable. Such certificate of authority shall be permanently displayed by the operator in such manner that it may be seen and will come to the notice of all occupants and persons seeking occupancy. Such certificates shall be non-assignable, non-transferable, and shall be ' surrendered immediately to the City Manager upon the cessation of business at the hotel named, or upon its sale or transfer. $22-123. IIse of Funds. (a) All taxes collected pursuant to this Ordinance shall be set aside and used exclusively to encourage, promote and foster, leisure, culture and tourism in Broken Arrow, and the cost of enforcing this Ordinance. (b) The City of Broken Arrow is authorized to retain from the initial proceeds of the Hotel tax an amount equal to the costs of the election concerning this ordinance and borne by the City of Broken Arrow. r^ive (c) In order to remunerate an operator for keeping tax records, filing reports, and remitting the tax when due, a discount not to exceed one percent (1$) of the current taxes due may be allowed to the operator by agreement. No discount shall be allowed for the payment of delinquent taxes. 522-124. Records Confidential. The confidential and privileged nature of the records file concerning the administration of the Hotel tax is legislatively recognized and declared and, in order to protect the same, the provisions of 68 O. S. (1991), S205 of the State Sales Tax Code, and each subsection thereof and all amendments thereto, as hereby adopted by reference and made fully effective and applicable to the administration of the Broken Arrow Hotel tax as if here set f orth . $22-125. Criminal Penalties. A. The willful intent or refusal of .any taxpayer to make reports and remittances therein required, or the making of any false and fraudulent report for the purpose of avoiding or escaping payment of any tax or portion thereof rightfully due under this Ordinance shall . be a Class "A" offense. B. The failure by an operator 1) to file a security bond as required or 2) to register or to display the certificate of registration, or 3) to separately state the tax on the bill or to collect such tax from the occupant shall be a Class "B" offense. 522-126. Civil Remedies. 1. Whenever any operator, occupant or other person shall fail to collect and/or pay over any tax, or to owe any tax, penalty or interest imposed by this chapter as herein provided, the Mayor may authorize the Director of Finance to file Notice of Liens on behalf of the City of Broken Arrow against the real estate upon which the hotel is located and/or against all franchises, property and rights to property, whether real or personal, then belonging to or thereafter acquired by the person owing the tax pursuant to Title 68 O.S. 1981, Section 2701 and Section 2704. 2. The liens shall, upon proper filing, attach to the real estate and/or personal property then owned or thereafter acquired by the debtor, whether such property is used by the debtor in the operation of business or is under the authority of an assignee, trustee, or -- receiver for the benefit of creditors, from the date such taxes are due and payable as allowed by Title 68 O.S. 1981, Section 2704. 3. The City Manager shall notify the person owing the tax by personal service or by certified mail that the City of Broken Arrow will file such liens if any delinquent lodging taxes, interest and/or penalties are not paid within fifteen (15) days of receiving such notice. 4. The City Manager may also authorize the City Attorney to institute an action in personam and in rem to enforce payment and collect any delinquent lodging taxes, penalties and/or interest. SECTION II. The effective date of this Ordinance is at the first day of the calendar worth subsequent to the approval of this Ordinance by the voters of the City of Broken ?.rrow. S1X 1 n~1ti/c~aw }}yy 3•i` `i,Y.1 ~ i ,I`. _ ~ ~f _'a , SECTION III. The people of Broken Arrow. by their. approval of this Ordinance at the election, hereby authorize the City of.~Hrokaa Arnow by ordinances duly enacted to make such administrative and technical changes or additions in the method and manner of administration and enforciaq`this ordinance as may be necessary or proper for efficiency and fairness, including thQ right to terminate such tax; except that the rate of the tax and the purposes of the tax as herein provided shall not be changed without the approval of the qualified electors of the City as provided by law. SECTION IV. The provisions hereof shall be cumulative, and in addition to any and all other taxing provisions of City ordinances. The provisions hereof are severable, and it is specifically declared to be the intention of the governing body and of the people to collect the tax, notwithstanding any court ruling concerning the invalidity of other eectioas or subsections of the ordinance. PASSED by the City Council and APPROVED by the Mayor of the City of Broken Arrow, Oklahoma, this 19th day of July, 1993. DATED this 19th day of July, 1993. Mayor ATTEST: ( cal .City Cler APPROVED: ~~~/L Ci y A torney "'~: Seven Published in Bartlesville Hxaminer enterprise on August 28 19 5 ORDINANCE N0. oCS3p a~~~~~ U AN ORDINANCE LEVYING AND ASSESSINr, AN EXCISE TAX OF TWO PERCENT UPON THE GROSS RECEIPTS DERIVED FROM RENT FOR OCCUPANCY OF HOTEL ROOMS; PROVIDING EXEMPTIONS; PROVIDING FOR THE ADMINISTRATION AND COLLECTION OF TAX; REQUIRING THE FILING OF RETURNS, t:EEFING RECORDS AND PROVIDING FOR INTEREST AND PENALTIES; AUTHORIZING POARD OF CITY COMMISSIONERS TO MAKE ADMINISTRATION AND TECHNICAL CHANGES AND ADDITIONS EXCEPT TAX RATE AND FURF'OSE; REQUIRING APPROVAL OF ORDINANCE HY MAJORITY OF REGISTERED VOTERS VOTING AT AN ELECTION HELD FOR SUCH PURPOSE AS PROVIDED HY LAW; AND FIXING EFFECTIVE DATE. HE IT OF:DAiNED HY THE HOAF:D OF COMMISSIONERS OF THE CITY OF HAF:TLESVILLE, OF;LAHOMA: Section 1: Dcfir~iti~~ns. As used in this Article: (a) City Manager shall mean the City Manager of the City of Rae t 1 esvi 1 1r, Okl ahan~a; Cb) Hotel sF~all mean any building or buildings, stru~=tunes, trailer, or other fay=ility in wf~ich the public n•~ay, for =onsideration, obtain sleeping accc~rrurn~dations ~ in which five C 5) ~r rnor c r oorr~s are used for the ac c orrar~odat i on o f sue h quests whether such rooms are in one or several stru~_tures. The tcrrr~ shall in•=1udc h~~tcls, apartrr~cntal h~acls, rnotels, tourist ponies, houses or courts, lc~dginq hc~uscs, inns, rooming houses, trailer houses, trailer n~~_~tels, d~~rn•~itory space where bed spa•.e is rented t~~ individuals ~_~r groups, apartments not occupied by "permanent residents", and all other facilities where raorr~s ar sleeping fag=ilities or spa•.e arc furnished for a consideration. Tf~c term fag=ilities shall not in•=1ude h~=~spitals, sanitariums ~~r nursing horr~cs. (c) Gommi ssi on shall mean the Hart 1 esvi 1 1 e City Comrr-i ssi on . .: <d) Occrfp,ancy shall mean the_ use or possession, or the right to the.-use ar possession of any morn or rooms in a hotel, or the right t~ the use~or possession ~f the furnish- ings ~~r to tFie services and accornri~vdations accompanying the use and p~~ssession of the r~~orn ~~r r~~orr~s. <c) Occupant shall mean a person, who f~~r a considerati~~n, uses, poSSeSSeS, or has the right to the use or possession Gf any roc~ni ~?r rc~~~n7s lrl a hotel under any lease, ConCCS51~=~ri, pcrrnit, right of access, license to use, or other agrccn•~ant. (f) Operator shall mean any person operating a hotel in this City, in•.ludcd, but not limited to, the owner, propric- tcir, lesser, Sllbl eSSee, m~=~rtgagce in p~~ssessi~~n, 11CCn Sew, or any ~~tE~cr person otherwise operating such hotel. Cg) RarmAnc~nt R~~id~nt shall n•~ean any occupant who has or shall have the right of occupan~_y of any ro~•r.. or rooms in a hotel for at least thirty C3C~) conse~=utive days during tF~e current calendaY year or preceding year. Ch) Rent shall reran the consideration received far o~_~_upan- cy valued in money, whether rep=eived in n•~cmey ~~r ~~thcrwisc, ins=hiding any c}urges for double ~~~=~=upan~.y or extra pe~~ple in the same room, and also any amount for which credit is allowed by the ~=Aerator to the occupant, with~_ut any deduction therefrom whats~~ever; rent shall not ins=hide •.}~argrs for telepFlone, food charges, roam service, and other matters n~=~t attributable to occupancy, nor shall it include c~~nsideration rr~=eived for o~=cupan~.y by any permanent resi dent . Ci) Return shall n•~ean any return filed or required tr_• be filed as herein provided. Cj:r Room shall mean any rc~c~rn ~~r roc~rr~s of any }::ind in any part or pc~rtiun of a hotel w}~i~.}~ is available for or let out for use or p~~ssessed fc•r any purpc•se c~tFler t}pan a pla~.e ~•f assen•~bly. As used her el n, "pla~.e of assen•~bly" means a roc~rr~ c•r spa•.e w}ii~.h is ~=apable of being o~:~:upied by seventy-five C75) ar more pers,_ns and w}iich is used for edu~=ational, rep=reational or arr~userr~ent purp~:,ses and shall include: night clubs; restaurants; any r~~c~rr~ or spa•.e for public or private banquets, feasts, soy=ials, card parties or weddings; lodge and meeting halls car r~~on•~s; skating rinE,s; gyrr~nasiurr~s; swimming pools; billiard, bowling and table tennis rc~orr~s, halls or r~~~~n•~s used for- public or private catering purposes; funeral parl~~rs, rr~arkkets; recreati coral rooms; concert halls; br~~ad~=asting studies; and all other play=rs of similar type c~~= ~= u p an'= Y Ck:) Tax shall mean the tax levied pursuant to this ordi- nan~=e. Section ~•: Tax Fate. •'There is hereby levied an eXc1Se tax of two percent Cc%~ upon the gross proceeds or gross rep=eipts derived frori~ all rent for every o•.~=upancy of a room or ro~~ms in a hotel in this City ex~_ept that the tax shall not be in•~posed where the rent is less than at the rate of ten d•=11ars C~1C).r?n) per day. Section 3: Exen~ptic-ns. The following shall be exen•~pt froni the tax levied in this Arti~.le: Ca) Perri~anent residents; Cb) TFie United States i~overnn•~ent or any agency or division thereof; r:c) The State of OE:laF~orna or any p~~litical subdivisi~~r~ t~leYe~~f; and Cd) Any organization, corp~~raticm or asso~=iation organized and operated ex.~=lUSlVely fc~r religious, charitable, pFiilantFirc~pic or edu~=ati~=~na1 purposes provided that its priri~ary purpose is not tarrying on a trade or business f~~r profit. Sep=tion 4: ~•erti fig=ate ~~f Exerr~ptit~n F:rguired. Any~~ne =lairning to be exempt frc~rii the tax must obtain a certification from the City Manager that the organization, ass~l~=iati _m or ~_orporation with which he is affiliated is exerfipt from the tax. Prior to issuing such a certificate, the City Manager shall require a ~_ertifi~=aticm frc~ri~ the said ~YQanl~ati~_~n, asso~=iati~~n or c~~rpr~ratic~n that the o~=cupant is its agent, representative car err~plcryee and that his ~~~_cupan~_y of the roori~ is required in conne~_tion with the affairs of said ~_rganizati~~n, asso~_iation car =~~rpc~rati~~n. Sect i ~ ~n v: Tax tc~ be Separ atel Y Designated on E{i 1 1 s. The _~perator sF~all separately designate, charge and show the tax ~~n all bills, St aterllentS, rep=eipts car any other eVlden~=e ••f charge c•r payn•~ent of rent for ~~c~=upan~.y issued Gr delivered by tfie operator . Sep=tion E: Operat~~r F:espc~nsible fc~r Cr_,llecti~~ns. Tfie ~~perat~~r shall be respcrosible for the colle~=tic~n of the tax fr~~rr~ the ~ occupant and shall be 1 i abl e t _~ the City fc~r the tax. Sep=ti~•n 7: F•.e~=~_rds tc~ be F';ept. Every ~~perator shall E:eep rep=~=~rds of eVCYy ~~~=~=upancy and ~_ f all rent paid, charged, ~ ~r due tF~ere4n and of the tax payable thereon in su~.h form as the City Manager may by regulation require. Sur_h re•=ords shall be avai 1 ab 1 e for i nspe~_ t i on and erarni nat i on at any t i rile upon deri~and by the City Manager, or a duly authorized agent or eri~ployee of the ~=ity, and shall be preserved for a period of three C3) years. Section S: F:et uY~~S. ~'. Ca) Every operator shall file with the City Manager a return ~~_f oc~=upan~.y and of rents, and of the taxes payable thereon fur the period ending on the last day of each month front the effe~_tive date of this Article. Su~.h return shall be filed within the first fifteen C15) days after the end of ea~_h such month. Ea•.h operator shall further file with the City Manager a copy cif their completed Oklahoma State Sales Tax f~~rrn within ten Cic_~) days after June 3r~th, Septen~~ber ~~?th, December 31st and March 31st cif ea•.h year frc~rr~ ttie effective date of this Arti~.le. Cb) Tt~e fc~rr~~ of return sF~all be prescribed by tF~e ~=ity Manager and shall contain such infc~rrr~atic~n as he may deem nee=eSSary for the proper adn•~inistration of this Article. The City Manager may require amended returns to be filed within twenty C~~r) days after notice and t., contain the inforn•~ation specified in the notice. Section S: F'ayrr~ent of Tax. At the time of filing a return of o•. •.upan~.y and c.f rents, each operator shall pay to the City Treasurer the ta>;es in•~p~~sed by the Arti~.le up~:,n the rents in•=luded in su~.h return. All tF•re taxes for the peri ~d far which a return is required t~~ be filed shall be due from the operator and payable to the City Treasurer on or before the date fixed for t}~e filing of t}tc return for such period without regard to whether a return is filed or whether the return which is filed ~:_~rrrctly shows the an•~~_unt of rents and the taxes due thereon. Se•=tion 10: Send F'cguired. Where the City Manager believes that any operator is about to cease business, leave the state, or remove or dissipate assets, ~~r fc~r any other similar rras~~n }ic deems it necessary in order to protect revenues under this Ar-ticlc, he ri~ay require su~.h operator- t~~ file with the City a bend issued by a surety c~~rr~pany auth~~ri~ed tci transa~.t business in this State in such ari~ount as the City Manager may fir, to SC~:uYe t}~e payri~ent ~~f any tax or penalties and interest due, •.r which may bec~ ~ri~e due frori~ such operator. In the Cvent that the City Manager dCtCr-r111nCS that an c~peratc~r is t~= file sup.}~ bend, -he shall give notice to su~.h operator spec=i fying the amount of bond required. The operator shall file sur_h bond within five Cam) days after the filing of such notice unless within such five CS) days the operator shall request in writing a hearing bef~:re tFie L=ity C~=~ri~ri~issi~~n, at whip=h tin•~e t}~e ne~_eSSaYy pr~~pricty and arr~c~unt of the band shall be determined by the City Cc~rrai~issi~_n. Su~.h detern•~ination shall be-final and shall be complied with within fifteen C15) days hereafter. In lieu c•f sup.}i bend, securities approved by the City Manager, or cash in such arro~unt as }ic may prescribe, ri~ay be dcp~ psi ted with the City Manager , w}lc ~ may at any time after five Cam) days n~_tice to the dep~:sit~~r, apply them to any tax and/or any penalties due and for that purpose the securities n•~ay be sold at private or public sale. Se•.ticin1,1,: Assessri~erit and Drterniinotion c•f Tax. If a return required by_ the Arti~.1r is r~~~t filed, or i f a return when filed is incorre~=t'or insufficient, the amount of tax due sf~all be assessed by tFie City Manager from such information as may be obtainable and, if necessary; the tax may be estimated can the basis of external indices, such as nuri~ber of r~ori~s, location, scale c•f rents, comparable rents, types of accommodations and servi~.es, number of empl~lyeCs, or other factors. Written n•=Mice of su~.h assessments shall be given to the person liable fr_,r the colle~=tion and payment of the tax. Such assessn•~ent shall finally and irrev~~~=ably fix and determine the tax unless t}ie parson against whori~ it is assessed, within ninety C30) days after the giving ••f n~~ti~.e cif su~.h assessment, shall apply in writing t~~ the City Comn•~issi~n far a hearing or unless the City Manager on his own motion shall reassess the same. After su~_h hearing, the i -- - 7 City Comn•~i ssi on shall give thr person against wFiom the tion shall be final. Se~_tion 1': Refunds. written notioe of its deterri~inati o~n to• tax is assessed and sup=F~ deterrr~ina- Cad Frog=cdurc. The City Manager shall refund or Credit any tax arroneo~usly, illegally or un~=onstitutio~nally collected if written application to tF~e City Mariagcr for suoh refund sF~al l be riiade within two. C~7 years fr• ern the date of payri~ent there:~f . F:~r l i kc ~=auses, and i n thr same period, a refund may be so riiade upon tFie initiative and the order of the City Manager. The City Manager, in lieu of any refund required to br riiadr, niay allow ~=redit therefore on payn•~ents due from the appli~_ant. Whenever a refund is ri~adc, the reasons tfiereforr shall be stated in writing. Such applioati~~n may be riiadr by the person upon whon•~ sur_h to was imposed and wfio has actually paid the tax. Suoh appl i oat i on niay al s~ ~ be ma.dc by the pers~_n wE~~ ~ has co~lle~=ted and paid such tax to the Gity Treasurer providing tF~at the application is n•~ade within two:, Cam) years of the payri~cnt by tF~e o~_~=upant t:~ tF~e _~perat~~r, but no refund o•f n~c ~ney shall be rnadc t•. the operates ~r until he has repaid to tFtie occupant the amount for which the application for refund is made. Cb7 Dctern•~inati can and Hearing. Upon appl ioati o~n f~~r a refund the Gity Manager n•~ay rep=eive eVlderl~=e with respect thcret~_~, and n•~aF::c such investigation as he deems ne~_essary. After ri~aking a determination as to the refund, the isity Manager sF~all give n=Mire thercc~f to the appli~_ant. Such deterri~ination shall be final unless tfie appli~=ant, within ninety CyU7 days after such n_,ti~_e shall apply in writing tc• thr C~_~ri~ri~ission four a hearing. After such hearing the Cori~mission shall give written noti~_e of its dr•=ision to the applicant. Sep=ti~~n 1~: N~~ti~=es. Notices provided for under this Arti~.le sf~all be deemed to ~~ave been given when su~.h n~~tice has been delivered pgrsonally tic, ttie operator or deposited in the United States ri~ail' to the last known address of the ~~perator. Scotian i~: Rcn~cdi es Exo 1 usi vc. The rrri~cdi es provided i n this Article shall be exclusive remedies available to any pr-rson far the review of tax liability iri~posed by this Article. Sri=tiara 15: General F~~wcrs c•f the City Manager. In addi- tional to all otFier powers granted to the City Manager, he is FleYeby autti_~rized and crr~pGWCYed: Cal To ri~aE;c, adopt and ari~end rules and regulations appr :~- priatc t~~ tF~e ~=arrying out oaf this Artie=lc and fc~r tFie purp~JSeS heYe~ ~f; r K Cb) Ta extend return for fc~r cause interest; for cause shown the time for filing any a period nc~t ~x~=ceding sixty CEG) days; and shown to waive, remit, or reduce prealties or Cc) To delegate his fun•.tions hereunder to an Assistant or other employee or empl~_~yees of the City; Cd) To assess, reassess, deterri~ine, revise and readjust the taxes Lbut n~_~t the tax rate) imps=sad by this Arti~.le; Ce) To prescribe .methods f~~r determining the taxable and nontaxable rents. Secti~~n lE.: Adniinistrati~~n cif Oaths and Cc~rr~oellinQ Testi- n~~=~n The City Manager, or his designated representative, shall have the power to administer oat}is and ta}ze affidavits in relation to any n•~atter or pro~_eeding in the exercise of their p•=wens ar~d duties under this Article. The City Manager shall }~a.ve the power t~= subp;~ena and require t}~e attendan~.r of witnes- ses and the producti~_n of books, papers and dog=urnents to see=ure inforrnatic~n pertinent to the perf_~rri~ance of his duties heYeUedeY and of the enforcen•~ent of this Arti~.le and to examine there in rclatic~n theYCt~~. Sep=tion 17: Interest and Penalties - DtlinQUen~_y. Section X17 of Title 68, O.S., iSEl, is Hereby adapted and made a part .•f this Ordinance and interest and penalties at the rates and in arr~~ punts as therein spr~_ i f i ed are hereby 1 evi ed and steal 1 br appli~=able in ~=asps ~~f delinquen~=y in rept~rtinq and paying the tax levied by said Ordinan~.e. F'r:~vided that the failure ~~r refusal of any taxpayer to n•~aE;e and transri~it the reports and reri~ittan~.es of tax in the time and manner required by said Ordinance shall cause sup.}i tax to be delinquent. Sep=ti~~n 18: D_ el inQUent Taxes. The tax levied by this Article sFiall be due and payable at the tin•~e filing cif the returns provided for in this Article is required. All taxes n~~t paid when required shall be ciClinquent. Sr•=tir~n 1{J: U~r r_,f Funds. Ca) All to>;es ~=vllected pursuaet to the provisi~~ns of this Article shall be set aside ar~d used e•.;•.lusively fc~r the fallowing purposes and in the fr_,llowing pr~~portions: C 1) 74 per=eet of sup.}~ ~=cal le~_ted taxes shall be used for the purpose of en•.ouraging, pron•~oting and festering t}~e convention and tourism devel~=~prnent of the City of E~artlesville, and Cam) ~0 per•=ent of sup=}~ collected taxes shall be used for t}ie purpose of encouraging fostering and -- -- • -- - -prc~r,~c~ting thr econ~~mic development cif the City of $aYtlesVllle. Section ~t.~; F:e~=~~rds Confidential. TFte confidential and privileged nature cif the re.=ords and file r_oncerning thr adrr,inis- tration ~f the Hotel tax is legislatively recognised and deg=lared and, in c~r-der tc~ pr~:te~.t tFie sarr,e, the provisions cif E.8 OEclah~:ma Statutes, 1976, Section ~0~ of the State Sales Tax Code, and each subsea=tion there~~f is hereby ad~:pted by reference and n•~ade fully effective and applicable to administration of the F~artlesville Hotel tax as if here set forth. Section '1: Fraudulent Returns. The willful failure or refusal of any taxpayer to rr,ak:r reports and remittances therein required, or the n•~aE:ing of any false and fraudulent report for tF~e purpose ~ ~f av• ~i di ng ~ ~r cs~=aping payment _~f any tax r_~r pc~rti can thereof rigE~tfully due under tE~is Artir_le shall be an offense, and upon conviction there~_f the offending taxpayer shall be sub je~_t to a fine cif not m~_re than the n•,axin•,um authorised by law. Se~_ti~~n ~~: Effective Date. The effe~_tive date of this Article is the first day of the r_alendar ntcmth subsequent tc~ the approval cif this Article by the voters of the Gity r_~f Bartles- ville. Se•=tion 23: Arr~endn•~ents. The people of .Bartlesville, by their approval of this Ordinan~_e at the elegy=tion herein provided, hereby authc~ri~e the City ~=:orr,rnission by ordinances duly enacted to make such administrative and technical changes or additions in the n•~ethod and rr,anner of adrr,inistration and enforcing this ordinan~_e as niay be ne~_essary c•r proper fr_~r cffi~_iEn~=y and fairness, including the right tc• 1.eYrlllnate su~.h taxr x•=ept that the rate of the tay: herein provided shall nc~t be ~=hanged with:~ut the approval of tF~e qualified electoYS of the City as provided by 1 aw. Section ~4: F~rovisicros Cumulative. .The prr_,visions hereof shall be curnulative, and in addition tv any and all other taxing provisions of City o - F•ASSED by .: the May• of the City o-f rdinances. .F B• ward 'of Comri,issioners and AF•F•~:OV,~D by the Bartlesville, Oklahoma, this -~1~- day ~~f 1985. -- Ar~-h Robbins, Mayer ~ ~_ . u~_ . y•- --- ~• -- - pr~_m~ Ming the economic devel~-~prr~ent t~f the City of BaYtlesVlllr. Section ~C~: F:e~=~~rds Confidential. TF~r confidential and privileged nature of the rep=ords and file conr_erning the adrninis- tration ~f the Hotel tax is legislatively recognized and deg=lared and, in order to pr~~tect the same, the prcwisi~~ns of 68 OF::lahorr~a Statutes, 1976, Sep=ti~~n ~r75 of the State Sales Tax Code, and ea•.h subsea=tion there~~f is hereby ad~~pted by reference and n~~ade fully effective and applicable to administration Of the Bartlesville H~~tel tax as i f here set forth. Section ~1: Fraudulent F:eturns. The willful failure or refusal of any taxpayer to rr~aF::e reports and remittances therein required, or the n•~aE:ing of any false and fraudulent report for t~1e purpose c'f av~~iding car es~=aping payrnent cif any tax or pc~rtic~n thereof rightfully due under this Article shall be an offense, and upon conviction thereof the offending taxpayer shall be subje~.t to a fine cif not mere than the n•~axin~~um authorised by law. Sep=tion ..~. Effective Date. The effe~_tive date of this Article is the first day of the calendar n•~c~nth subsequent to the approval of this Arti~.le by tFie voters of the City of Bartles- ville. Sep=tion cam: Arr~endn•~ents. The pe~~ple of .Bartlesville, by their approval of this Ordinance at the elegy=tic~n herein provided, hereby authc~ri--e the City C:orr~rnission by ordinances duly ena~=ted to rr~aE;e such administrative and te~_hnir_al changes or additions in the n•~ethc~d and manner of administration and enforcing this ordinan~.e as may be nr~=rssary or proper for efficien~=y and fairness, in•.luding the right to terminate su~.h tax ex~_ept that the rate of the tax herein provided sFiall nc~t be:hanged without the approval of tEie qualified electors ~_f the City as provided by 1 aw. Section ~~: Provisions Cun•~ulative. The provisions hereof shall be cumulative, and in addition to any and all ether taxing provisions c,f City ordinances. PASSED by' the Board 'of Commissioners and AF'F'F:OV~D by the May• of the City ~~f Bartlesville, Oklahoma, tF~is ~TT_~~_-_ day ~~f ---------= ~ 1'985 . Arm h F.obbins, Mayer (Publishtu -~.. ;,he Bartlesville Examiner-enterprise on April 1995.) - _ ~/~ ~. V `l.~~~~ ' 'ORDINANCE NO. `` 2859 AN ORDINANCE LEVYING AN EXCISE TAX OF 3% UPON THE GROSS PROCEEDS OR GROSS RECEIPTS DERIVED FROM THE RENT OF HOTEL ROOMS; PROVIDING FOR USE OF PROCEEDS OF TAX; REQUIRING APPROVAL OF ORDINANCE BY MAJORITY OF REGISTERED VOTERS AND FIXING EFFECTIVE DATE. • •.~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BARTLESVILLE, OKLAHOMA: SECTION 1: In addition to the tax levied by Section 18-77 of the Bartlesville Municipal Code, there is hereby levied an excise tax of 3% upon the gross proceeds or gross receipts derived from all rent for every occupancy of a room or rooms in a hotel in this City except that the tax shall not be imposed where the rent is less than at a rate of S 10.00 per day. SECTION 2: All taxes collected pursuant -to the provisions of Section 1 of this ordinance shall be set aside and used exclusively for the maintenance and operation of the Bartlesville Community Center. SECTION 3: All provisions contained in Sections 18-76 through 18-93 and in Sections 18-95 through 18-96 of the Bartlesville Municipal Code pertaining to the administration and enforcement of said tax shall be applicable to the tax levied by Section 1 of this ordinance. SECTION 4: This ordinance shall be submitted to the electors of the City of Bartlesville, Oklahoma, at the next City election on April 4, 1995, and shall not be in force and effect unless approved by a majority of the votes cast at such an election. SECTION 5: The effective date of this ordinance is the 1st day of the calendar month subsequent to the approval of this ordinance by the voters of the City of Bartlesville. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF BARTLESVILLE, OKLAHOMA, THIS 23rd DAY OF JANUARY, 1995-~~ ATTEST: "' MA1d~OR ~~.- Voting / i CITY CLERK L%~ ~. "a~ie" were Messrs. Nikkel, Perkins Sharp, Vice Mayor Curd, and Mayor Little. "Nay" none. Motion carried. RESOLUTION NO. 2674 A RESOLUTION AUTHORIZING THE CALLING AND HOLDING OF A SPECIAL ELECTION IN THE CITY OF BARTLESVILLE, COUNTY OF WASHINGTON, STATE OF OKLAHOMA, ON TUESDAY, THE 4TH DAY OF APRIL, 1995, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF BARTLESVILLE, OKLAHOMA, THE QUESTION OF THEIR APPROVAL OR REJECTION OF ORDINANCE NO. 2859 RELATING TO A HOTEL/MOTEL TAX. WHEREAS the City Council of the City of Bartlesville, Oklahoma, on January 23, 1995, enacted Ordinance No. 2859 which relates to the levy of a 3% excise tax on the gross receipts derived from all rent for each occupancy of a room or rooms in a hotel in this City for the specified purpose of providing additional revenues for a certain specified purpose of the municipal government of Bartlesville, Oklahoma; and WHEREAS under the provisions of Oklahoma law, an ordinance levying such tax must be submitted to and approved by a majority of the registered voters voting at an election before such ordinance shall become effective. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BARTLESVILLE, OKLAHOMA: Section 1: The Mayor of the City of Bartlesville, Oklahoma, be and he is hereby authorized and directed to call a special election to be held in the City of Bartlesville, Oklahoma, on Tuesday, the 4th day of April, 1995, for the purpose of submitting to the qualified electcYS of the City of'-.Bartlesville, Oklahoma, for their approval or rejection, the following proposition: - - PROPOSITION Shall Ordinance No. 2859 of the City of Bartlesville, Oklahoma, which will impose a 3% excise tax upon the gross proceeds or gross receipts derived from all rent for every occupancy of a room or rooms in a hotel in this City; fixing effective date; making tax cumulative to the existing 2% excise tax; providing for the purpose of such additional excise tax, which shall be used exclusively for the maintenance and operations of the Bartlesville Community Center, be approved? [~. YES, for the proposition l~ NO, against the proposition Section 2: -The call for placing this proposition before the qualified electors of the City of Bartlesville, Oklahoma, shall be by proclamation signed by the Mayor and attested by the City Clerk, setting for the proposition to be voted upon, and the hours of opening and closing of the polls. The ballots used at said election shall set forth the proposition substantially as set out in Section 1 hereof, and the returns of such election shall be made to and canvassed by the Washington County Election Board. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF BARTLESVILLE, OKLAHOMA, THIS 23RD DAY OF JANUARYI 1995. '~l YOR ATTEST ~~n CLERK .F ~/•~ ^' ELECTION PROCLAMATION Pursuant to Resolution No. 2674 duly adopted by the City Council of the City of Bartlesville, Oklahoma, the undersigned Harvey L. Little, Mayor of the City of Bartlesville, Oklahoma, hereby calls for an election to be held on the 4th day of April, 1995 for the purpose of submitting to all qualified electors residing within said City the following proposition: PROPOSITION - ~,~, is Shall Ordinance No. 2859 of the City of Bartlesville, Oklahoma, which will impose a 3% excise tax upon the gross proceeds or gross receipts derived from all rent for every occupancy of a room or rooms in a hotel in this City; fixing effective date; making tax cumulative to the existing 2% excise tax; providing for the purpose of such additional excise tax, which shall be used exclusively for the maintenance and operations of the Bartlesville Community Center, be approved? YES, for the proposition C~ NO, against the proposition The polling places for said special election shall be opened at 7:00 a.m. and shall remain open until and be closed at 7:00 p.m. on said day. All registered qualified electors residing within the corporate limits of said City shall be entitled to vote on the foregoing proposition at said election. ISSUED and DATED this 23rd day of January, 1995. MA OR ATTEST ~~ . .~, CITY CLERK MEMORANDUM TO: THE OWASSO ECONOMIC DEVELOPMENT AUTHORITY CITY OF OWASSO FROM: ROBERT M. TOBIAS, JR DIRECTOR OF ECONOMIC DEVELOPMENT SUBJECT: MONTHLY REPORT DATE: July 8, 1999 The following represents an overview of the various activities on which staff has been working: ECONOMIC DEVELOPMENT PROJECTS: Tulsa Technology Center. During a recent work session of the TTC Board of Education, the two sites under consideration were further evaluated. We anticipate that a final recommendation will be made to the Tulsa Technology Center Board of Education within the next 30 days. Vision Owasso 99. The Vision Owasso Leadership Committee hosted many of the recent graduates of the 1999 Leadership Owasso class to critique the program. Several constructive comments were made and will be incorporated into the next program. This committee is working on recruiting participants for the 1999-2000 class. Ms. Trish Hauser volunteered to serve as Chair of this committee. OEDA Initiatives. Per the board's request, staff solicited ordinances from a number of communities related to the collection and contributions of a hoteUmotel tax. Owasso is one of the few, fast growing suburban communities in the Tulsa region, that does not collect a hoteUmotel tax. Ordinances from Broken Arrow and Bartlesville are attached for your review. The tax rate ranges from 2-4%. The majority of the tax collected is used to fund leisure, cultural or tourism initiatives, while up to 30% is used for economic development purposes. The hospitality tax is projected to collect up to $60,000 per year. The first meeting of the Tax Increment Financing (TIF) Policy Review Committee is being planned in late July. This committee is charged with exploring the manner in which this innovative financing mechanism could be used to facilitate the development and financing of infrastructure in targeted areas of growth. Other. Staff attended a Community Resource Mapping workshop sponsored by the Oklahoma Community Institute and Southwestern Bell. The focus of the workshop was to reiterate the importance of identifying and mapping local resources that complement the economic community development process, inclusive of community organizations and individuals. Workshop materials will be shared with the Vision Owasso chair for dissemination. ECONOMIC COMMUN][TY DEVELOPMENT PROJECTS: The following summarizes current and ongoing activities: Business Retention and Expansion The sale of the OEDA property leased to Precision Components, Inc. (PCI) was completed on July 1. PCI has also requested the city to consider the sale of the Public Works street facility. Considerations aze in progress. National Steak & Poultry in considering another expansion and is working with city staff on a number of issues. Staff will be meeting with NSP officials to discuss a plan of action. The 5'~ Avenue extension is due to be completed very soon. Business Recruitment Precision Door & Window has purchased the old Woods Precision facility located at 8243 Owasso Expressway. Occupancy is expected by mid August. Whiteside & Grant in concert with the Tulsa Chamber, is working to attract an office prospect to the Smith property. The prospect is confidential. Several new industrial prospects continue to consider expansions and relocations to the Owasso service azea. Two of these aze major industrial concerns exploring sites at Cherokee Industrial Pazk on which to build new facilities. A consulting group from Tulsa is also exploring the development of a site within the Owasso city limits that would accommodate a number of aviation-related companies. Due to the limited number of industrial sites in Owasso, discussions aze also underway with Collinsville and other North Tulsa County communities to explore a regional strategy to identify sites in their service area. Staff is also proactively contacting several major retailers and restaurants to update them on the significant level of new residential and commercial construction being experienced throughout the Owasso service azea and North Tulsa County. Meiv}m's, Dillazd's, Tazget and others are tracking Owasso's growth. MEMORANDUM TO: THE OWASSO ECONOMIC DEVELOPMENT AUTHORITY CITY OF OWASSO FROM: ROBERT M. TOBIAS, JR DIRECTOR OF ECONOMIC DEVELOPMENT SUBJECT: ECONOMIC DEVELOPMENT STRATEGIC PLAN DATE: July 2, 1999 Staff has previously provided members of the OEDA with the framework to be used in the development of a strategic plan for the 1999-2000 program. In an effort to attain consistency with the building blocks for economic development planning espoused by the Oklahoma Department of Commerce, staff has modified the strategic plan and incorporated the various ongoing activities that complement this economic and community development building block model. The following represents the proposed update to the strategic plan. As with any accomplishment of lasting value and quality, the success of local economic community development depends on establishing a strong foundation for growth. The following building blocks will ensure the continued economic growth of the Owasso service area. They are as follows: ^ Leadership Development ^ Workforce Development ^ Community Infrastructure ^ Existing Business Development ^ Entrepreneurial Development ^ New Business Recruitment Leadership Development Leadership Development is a commitment to create and maintain progams that identify, develop and nurture the leadership development of persons representing all segments of the community. This process should enhance the civic infrastructure of a community and serve as a connector among individuals and organizations throughout the community. ^ Vision Owasso progams will be ongoing and committee coordination will continue quarterly; ^ Leadership Committee working in cooperation with Owasso Chamber of Commerce will coordinate the Leadership Owasso program annually and work to identify, develop and nurture the community's current and future leadership; ^ Economic Development Committee will continue to serve as source of community- based information for the OEDA, facilitate the development of marketing tools and providing appropriate economic development updates to the Internet; ^ Infrastructure Committee will serve as source of community-based information for the Community Development and Planning Department and work to facilitate the expansion of our roadway system and other forms of infrastructure; ^ Quality of Life Committee will work to increase the number of festivals and cultural events held in Owasso and will work closely with the Parks Department and other community groups to plan for enhancements; ^ Strengthen collaboration with local taxing entities to more effectively leverage limited financial and infrastructure resources; ^ Strengthen collaboration with regional and state entities to more effectively communicate opportunities and contributions to economic vitality of region and state. Workforce Development Changing demands in the workplace will demand a more skilled, better educated workforce. Local economies must have access to a coordinated skills development system that complements the public school system. This includes education, training, counseling and other support systems. Colleges, vocationaUtechnical facilities, high schools, mentor programs, educational networks, institutionaUbusiness consortiums and other links, must work in concert to accomplish successful workforce development. ^ Broaden base of educational infrastructure available in service area; ^ Attract Tulsa Technology Center campus to Owasso to increase educationaUtraining options; ^ Explore development of cable television to provide educational, training and public service communications; ^ Develop research/technology park to attract university collaborations and high tech business development opportunities. Community Infrastructure Development Historically, community infrastructure encompassed streets, bridges, water and sewer systems. Today, community infrastructure has been expanded to include healthcare, schools, parks, cultural activities, plus a myriad of public services that provide the framework for building community growth and quality of life. This building block encourages addressing the improvement of each of these areas as joint efforts, where several jurisdictions contribute and receive the benefits of upgraded or new infrastructure, while reducing the burden to each participating entity or community. ^ Enhance the quality of life of the Owasso area by coordinating more effective comprehensive planning and collaboration with affected public and private entities; ^ Enhance transportation planning and programming efforts; ^ Facilitate the development of a masterplan for a regionaUlocal greenways and parks system; ^ Increase the number of festivals and cultural activities held in the service area; ^ Explore and pursue new funding mechanisms that generates an increased sales tax base from which to facilitate infrastructure development in strategic areas within the proposed city limits, as well as to promote quality community growth. Ezisting Business Development In virtually every local economy, the active and creative support of existing business development is vital to the community and area growth. When existing businesses are encouraged and involved in shaping our economic community development programs, the opportunities for creating and developing programs of value are greatly enhanced. Business advocacy groups, local incentives, business assessment and assistance resources, and the availability of expansion and growth capital, are a few of the many avenues that a local economy can help provide existing business. Below are other areas of importance: ^ Conduct annual business survey to identify opportunities and concerns; ^ Enhance outreach and scope of business assistance resources, inclusive of Internet programs and services; ^ Explore the value of existing incentive programs and consider need for enhancements; ^ Consider the alternatives available to create local public and private sources of expansion and growth capital; ^ Develop industry alliance networks for aviation-related companies and other major industries in the Owasso service area to identify opportunities and concerns. Entrepreneurial Development Nationally, most new jobs aze created by companies with fewer than 20 persons. Oklahoma's economic base is a mirror of the national economy. Therefore, there should be a commitment to the establishment and growth of an environment that supports the development of start-up and small business ventures. ^ Consider the creation of a business incubator to facilitate small business creation and expansion; ^ Consider the development and financing strategy for the revitalization of the 76~' Street corridor; ^ Consider the development and financing strategy for the development of the U. S. Highway 169 corridor; ^ Enhance the value of local incentive programs; ^ Explore the development and creation of a microloan program; ^ Explore the creation of a local venture capital network to finance community-based businesses; ^ Establish a business assistance and mentor program. New Business Recruitment The development and ongoing effort to recruit new business and industry to a community is an integral component of the economic development process. Many assume that this is the most important element of the community building block process. However, the stronger the foundation of the community building blocks, the more successful the economic development program. ^ Consider the funding alternatives available to effectively finance the economic development program; ^ Develop a comprehensive marketing program for retail, commercial and industrial prospects and development; ^ Work cooperatively with all the property owners at the intersection of State Highway 20 and U.S. Highway 169 to develop several mixed-use developments with an emphasis on commercial and industrial development; ^ Identify targeted companies and industries to attract to Owasso service area; ^ Increase marketing activities through the Internet; ^ Consider broadening the scope of local and state incentives. Owasso has and continues to experience significant residential growth. While the city has experienced increases in sales tax collections, sales tax growth has not kept pace with development. Our land use plan also illustrates that 70% percent of available developed land is being used for housing development, while only 10% of available land is being used for commerciaVindustrial development. The balance of 20% is public properties. It is our goal to significantly increase the percentage of available developed land for commercial purposes. Planning for a more comprehensive scope of commercial development should provide the foundation for substantial increases in our sales tax base, and therefore additional sources of financing for the city's continuing demand for infrastructure growth and expansion. The City of Owasso is the primary benefactor of the programmatic efforts and results of the Owasso Economic Development Authority. Therefore, the consideration and adoption of this strategic plan by the OEDA should contribute and complement the current programmatic efforts directed at the growth, expansion and diversification of Owasso's economic base. The effective implementation of this plan will also increase the city's sales tax collections. By the proactive implementation of each of these initiatives, the community's amenities and quality of life will be dramatically enhanced, a community priority. MEMORANDUM TO: THE OWASSO ECONOMIC DEVELOPMENT AUTHORITY CITY OF OWASSO FROM: ROBERT M. TOBIAS, JR. DIRECTOR OF ECONOMIC DEVELOPMENT SUBJECT: 1999-2000 Program Initiatives DATE: July 2, 1999 Earlier this year, the OEDA Board of Trustees requested an adhoc committee, made up of Mr. Gary Akin, Mr. Frank Enzbrenner and then Councilor Mark Wilken, to develop an outline and budget for the proposed OEDA program of work. Funding would be requested in support of this program of work, from the Owasso City Council. Below is a recap of the 1999-2000 authorized program of work. Professional and Technical Services ($5,500) The OEDA is facilitating the expansion of a number of prospects to Owasso. Various sites are under consideration for development. The acquisition and development of these sites will require the provision of additional legal, engineering and architectural services. Advertising ($15,000) As a result of a number of new marketing initiatives, Owasso's image has been significantly enhanced throughout the Tulsa region. One of the latest marketing initiatives was spurred by the Owasso Home Builders Association and refers to "Owasso, City Without Limits". As all of the OEDA's marketing materials are outdated, the committee has proposed the development and production of a community brochure and other complementary marketing materials consistent with the new community marketing program. Travel & Training ($13,500) Committee members also desire to play a more proactive role in business recruitment activities. There was an interest in scheduling marketing trips in the fall, to visit with several site selection companies that assist corporations in assessing sites for expansion. The following marketing trips are planned for the 1999-2000 fiscal year: Moran, Stahl & Boyer New York, New York PHH Fantus Chicago, Illinois Peat, Marwick, Mitchell Houston, Texas Meeting Expenses ($1,000) Proactive marketing and programmatic coordination throughout the state and region, will encompass increasing this budgeted amount. Committee members expressed a desire to become more involved with the Oklahoma Economic Development Council, Metropolitan Tulsa Chamber of Commerce, Tulsa Area Partnership and the Northstar Economic Development Council.