HomeMy WebLinkAbout2004.02.12_OEDA AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO ECONOMIC DEVELOPMENT AUTHORITY
TYPE OF MEETING:
DATE:
TIME:
PLACE:
Regular
February 12, 2004
10:00 a.m.
Owasso City Hall
Main Conference Room
111 North Main
Notice and agenda filed in the office of the City Clerk
at 4:00 p.m. on Monday, February 9, -2004.
AGENDA
1. Call to Order & Roll Call
Ms. Lawrence
OEDA FILE
on the City Hall bulletin board
Director
2. Request Approval of Minutes of the January 8, 2004 Special Meeting and January 22, 2004
Special meeting.
Ms. Lawrence
Attachment #2
3. Request Approval of Claims
Ms. Lawrence
Attachment 43
r
Owasso Economic Development Authority
February 12, 2004
Page 2
4. Presentation of Financial Report
Ms. Bishop
Attachment #4
5. Update from Economic Development Director
Mr. Hayes
Attachment # 5
6. Consideration and appropriate action relating to a Downtown Redevelopment Plan
recommendation to the Owasso City Council.
Mr. Ray
Attachment #6
7. Report from OEDA Manager
Mr. Ray
Owasso Economic Development Authority
February 12, 2004
Page 3
New Business
9. Adjournment
OWASSO ECONOMIC DEVELOPMENT AUTHORITY
MINUTES OF SPECIAL MEETING
Thursday, January 8, 2004
The Owasso Economic Development Authority met in a special session on Thursday, January 8,
2004 in the Main Conference Room at Owasso City Hall per the Notice of Public Meeting and
Agenda posted on the City Hall bulletin board at 4:00 p.m. on Monday, January 5, 2004.
ITEM 1: CALL TO ORDER & ROLL CALL
Chairman Brenda Lawrence called the meeting to order at 9:05 a.m.
PRESENT ABSENT
Brenda Lawrence, Chair Tom Kimball, Trustee
Scott Yandell, Vice -Chair Frank Enzbrenner, Secretary
Dee Sokolosky, Trustee Gary Akin, Trustee
Steve Cataudella, Trustee
STAFF PRESENT ABSENT
Rodney Ray, City Manager Rickey Hayes, Economic Development Director
Timothy D. Rooney, Assistant City Manager
Eric Wiles, Community Development Director
Duane Cuthbertson, City Planner
Ron Cates, General Counsel
Sherry Bishop, Finance Director
Julie Stevens, Administrative Assistant
A quorum was declai- ed present.
ITEM 2: DISCUSSION ON DOWNTOWN REDEVELOPMENT PLAN
IMPLEMENTATION
Mr. Ray gave a brief presentation on main street improvement initiatives and priorities. Members
of the Board discussed the objectives of the downtown improvements and listed as three
foundational elements the following: (1) providing incentives for private sector development, (2)
overseeing public investment, and (3) establishing some regulatory control in the downtown
district. Members also discussed developing a vision for implementing the plan, incorporate
public and private investments, and prioritize redevelopment projects.
Owasso Economic Development Authority
ITEM 3: ADJOURNMENT
Mr. Cataudella moved, seconded by Mr. Yandell, to adjourn the meeting.
AYE: Lawrence, Yandell, Cataudella, Sokolosky
NAY: None
Motion carried 4 -0, and the meeting was adjourned at 9:50 a.m.
Date Approved
-2-
November 13, 2003
Brenda Lawrence, Chairperson
OWASSO ECONOMIC DEVELOPMENT AUTHORITY
MINUTES OF SPECIAL MEETING
Thursday, January 22, 2004
The Owasso Economic Development Authority met in a special session on Thursday, January
22, 2004 in the Main Conference Room at Owasso City Hall per the Notice of Public Meeting
and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Monday, January 19, 2004.
ITEM 1: CALL TO ORDER & ROLL CALL
Chairman Brenda Lawrence called the meeting to order at 9:05 a.m.
PRESENT ABSENT
Brenda Lawrence, Chair Steve Cataudella, Trustee Tom Kimball, Trustee
Scott Yandell, Vice -Chair Dee Sokolosky, Trustee Gary Akin, Trustee
Frank Enzbrenner, Secretary
A quorum was declared present.
STAFF PRESENT
Rickey Hayes, Economic Development Director
Timothy D. Rooney, Assistant City Manager
Eric Wiles, Community Development Director
Duane Cuthbertson, City Planner
Ron Cates, General Counsel
Sherry Bishop, Finance Director
Julie Stevens, Administrative Assistant
ABSENT
Rodney Ray, City Manager
ITEM 2: DISCUSB'!ON ON DOWNTOWN REDEVELOPMENT PLAN
IMPLEMENTATION
Mr. Wiles gave a brief presentation on main street redevelopment vision and priorities.
Members of the Board discussed the results of the prioritization survey that members of the
authority were asked to complete at the January 8, 2004 meeting.
ITEM 3: ADJOURNMENT
Mr. Cataudella moved, seconded by Mr. Yandell, to adjourn the meeting.
AYE: Lawrence, Yandell, Cataudella, Sokolosky
NAY: None
Motion carried 4 -0, and the meeting was adjourned at 9:50 a.m.
Brenda Lawrence, Chairperson
Date Approved
MEMORANDUM
TO: THE HONORABLE CHAIR & TRUSTEES
OWASSO ECONOMIC DEVELOPMENT AUTHORITY
FROM: RICKEY HAYES, ECONOMIC DEVELOPMENT DIRECTOR
SUBJECT: OEDA Claims for January 2004
DATE: 02/09/04
There were no claims for January 2004
Owasso Economic Development Authority
Schedule of Revenues and Expenses
For the Month Ending January 31, 2004
Operating Revenues:
Contributions
Reimbursements
Interest
Total Operating Revenues
Operating Expenses:
Materials & supplies
Services & other charges
Capital outlay
Total Operating Expenses
Operating Income (Loss)
Non - Operating Revenues (Expenses):
Transfer from General Fund
Total Non - Operating Revenues (Expenses)
Net Income (Loss)
Retained Earnings ** 06/30/03
Retained Earnings ** 01/31/04
Month -to -date Year -to -date
$0.00
0.00
5.30
5.30
0.00
5.30
WE
0.00
5.30
* *Note: For the purposes of this report, "Retained Earnings" includes only
current assets and current liabilities
$0.00
0.00
45.58
45.58
0.00
6,250.00
0.00
6,250.00
(6,204.42)
0.00
0.00
(6,204.42)
18,410.90
$12,206.48
105 10105 [$1A-110I Big 051
TO: OWASSO ECONOMIC DEVELOPMENT AUTHORITY BOARD OF
TRUSTEES
FROM: RICKEY HAYES
SUBJECT: ECONOMIC DEVELOPMENT DIRECTOR'S REPORT
DATE: February 9, 2004
Retail growth continues in Owasso. Eggberts Restaurant is open next to Quik -Trip on Highway
20, and according to their sources business is "excellent ". Representatives from Belk
Department Stores were in town on January 23, and have signed a letter of intent with Hunt
Properties. Target representatives will be in town this week and hopefully a decision will be
coming shortly on a Target site in Owasso. Talks continue with two different groups on the
development of a hospital in Owasso.
Vanguard Car Rental USA Inc., formerly National Car Rental and Alamo Car Rental, recently
announced a move of the company's corporate offices to the MCI building at Cherokee
Industrial Park. Initially, about 150 employees will move to Owasso from the Ft. Lauderdale,
Florida area and about 700 jobs will be created by the end of this year. I recently returned from
Ft. Lauderdale, and had the pleasure of presenting a report on the benefits and quality of life of
those of us fortunate enough to live in Owasso. The response was great and I believe Owasso
will receive the largest share of the Vanguard employees for a couple of reasons, one for the
quality of life in our community and also just for the convenience of location near the offices.
One of the things I learned from the Vanguard employees was the strategic importance of the
Internet and that information about Owasso both., residential and commercial, is being sought
everyday. I believe that this technology is key to our success in the next few months and years.
We are currently updating the web page and all the marketing material and I will have the new
material to you for your review in the next few weeks.
A request to the Oklahoma Department of Commerce for a grant to remodel the business
incubator facility is in review at this time. We have several tenets interested in space at this time
and I believe the space will be leased to capacity by the summer.
As always, if I can serve you in any way, please call. Your input and direction are always
important to the success of our efforts.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
BACKGROUND:
THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
MEMBERS OF THE OWASSO ECONOMIC DEVELOPMENT
AUTHORITY
FINDINGS AND RECOMMENDATIONS FOR THE
MAIN STREET REDEVELOPMENT VISION AND PRIORITIES
February 10, 2004
A major priority in the development of Owasso is improving the vitality of the Main Street area. Over
the years, the Main Street neighborhood has become increasingly underutilized. The street lacks an
identity and a vision. This situation presents an opportunity for the City to improve the Main Street
area and create a vital core for the community to identify with and enjoy.
DOWNTOWN STUDY:
In September 2001, the City adopted a document known as the Owasso Downtown Development
District Conceptual Plan and Implementation Strategy, the plan for redeveloping the Main Street area.
This document provides a foundation upon which to build a vision. The development of the plan was
assisted by the large amount of participation by area residents, property owners, and other citizens.
VISIONING MONEY:
As a result of the passage of Tulsa County's Visioning 2025 initiative in September, the City of
Owasso will receive an estimated $1.2 million. Tulsa County has restricted the use of these funds to
improving downtown areas and neighborhoods. A plan for the spending of this money must be in
place by June 30`b.
DOWNTOWN IMPROVEMENTS PHILOSOPHY:
In order to effectively create and implement a plan for improving the Downtown area, the City must
have a development concept and vision that clearly defines not just the individual projects, but also the
philosophy that will drive the various decisions leading up to implementation.
Subsequent to an on -going discussion, the OEDA has developed a basic approach that identifies three
basic redevelopment concepts for improving Main Street. The public must invest funds and take a
leadership role in improving the neighborhood. Responsibilities of the public involve the overall
appearance of Main Street, from the streetscape to utilities and from lighting to park areas. Private
investment must be incented. Businesses that invest in Main Street are the engine that will revitalize
the area, setting an example for others to follow and creating a source of pride and identity for the
entire community. Also, development regulations must be considered for Main Street, regulations that
would set the commercial standards for the neighborhood apart from the rest of the city.
PUBLIC INVESTMENT — IMPROVEMENTS FUNDED BY VISIONING 2025:
Once a vision is articulated, specific projects for improving Main Street need to be evaluated. Public
investment, with monies gathered from sources such as Visioning 2025, could include the following:
relocating utilities underground, streetscaping, land acquisition, identification gateways and
monuments, cultural amenities, biking and hiking trails, a downtown improvement fund, a town square,
and other facilities and services. Private investment will be encouraged by that Public investment and
with other tax abatement incentives. Development regulatio ns could come in the form of an overlay
district that would adjust standards for setbacks, parking, architectural styles, and land use.
Once the alternatives are listed and studied, they should be prioritized and implemented according to
factors such as cost - effectiveness and desirability among property owners.
PRIORITIZATION OF PROJECTS:
The Owasso Economic Development Authority was identified as the appropriate body and asked to
develop recommendations that included priorities for the investing of public funds in the Main Street
area after developing a base concept and philosophy. Special meetings of the OEDA were conducted
over an eight week period to consider specific projects for the improvement of Main Street. The
OEDA was asked to make a recommendation to the City Council with specific projects prioritized for
the redevelopment. The city staff provided the CEDA with the project options that could be utilized in
improving the Main Street area.
During the prioritization process, OEDA members ranked suggested improvement projects in order of
priority. The cumulative results are attached to this memorandum. The tabulation of the priorities
suggests three broad groupings of prioritized projects: 1) relocating utilities underground appears to
clearly be a top priority to the OEDA members with a ranking of 51, 2) street scaping, land acquisition,
and town square are closely grouped together with rankings of 37, 37, and 35, respectively, and 3)
cultural amenities, identification, improvement fund, and trails received ranking points ranging from 18
to 29.
An examination of the prioritization results reveals interesting potential pairings among the four
projects that were ranked the highest. For example, relocating utilities underground would leave a
requirement for a new method of street lighting. This necessary street lighting could be a part of the
streetscaping project, as the existing high lights powered by overhead lines on wooden poles could be
replaced by theme lighting. Also, land acquisition could be a logical first step in creating a town
s uare•
If the City Council accepts the redevelopment options that have been selected and prioritized, the
projects will be scheduled. Cost requirements will be studied and the available funds will be allocated
according to the priorities.
PRIVATE INVESTMENT - URBAN RENEWAL:
Recently, the OEDA was advised of a potential Main Street improvement opportunity through the use
of an urban renewal authority.
The use of an urban renewal authority is a significant economic development tool that is often
successful in addressing concerns some cities have had, as patterns of commerce migrate and flow from
certain areas to other areas, often leaving the downtown core of the community with high vacancy
rates and lack of attractive amenities. These areas can constitute a serious problem to the community
in a number of ways. Further, these areas consistently witness decreases in their tax base and tax
revenues and require increased attention from police, fire, and other forms of public protection.
Municipal governments have the powers to invest in these areas in an attempt at improvement, but
since cities in Oklahoma cannot incur debt, they cannot finance an economic development transaction
unless they have the available, unencumbered funds and they appropriate those funds for that purpose.
Public trusts, like the OEDA, can incur debt with the city's approval, however, they cannot get
involved in promoting retail or wholesale economic development transactions. Therefore, the concept
of an "Urban Renewal Authority" may be one plausible answer to the issue of redeveloping Owasso's
Main Street.
An Urban Renewal Authority (URA) would benefit the Private Investment development concept that
has been discussed by the OEDA. A URA has broader public purposes than a public trust. It may
promote housing, retail and wholesale business, industry, provision of medical care and any number of
other community functions providcu that the area slated for such development contains blighted
conditions. Both public and private resources may be used. A URA can issue debt, exercise eminent
domain, own lease or sell real property, enter into long term contracts, confer ad valorem tax
exemptions to third parties and provide for the collection of fees to help repay the cost of the
development. Thus, as one incentive, a URA could be a viable tool for Owasso's Downtown
redevelopment.
The OEDA has asked the staff to continue to research aspects of the costs and benefits of forming an
Urban Renewal Authority in order to determine whether the formation of a URA could prove valuable
to the Owasso Main Street area.
RECOMMENDATION:
The OEDA recommends that the City Council adopt this report as a base concept for Downtown
redevelopment and as a plan of action for investing public funds to improve the Main Street area and
for inducing private, investors to improve the Main Street area.
1. The OEDA recommends that the City Council relocate overhead utility lines underground
along Main Street from 3`d Street to 76h Street North, and that the streetlights along that
same section of road be replaced by pedestrian- oriented theme lighting. Further, the
OEDA recommends that the City Council pursue the acquisition of land along the Main
Street corridor for the purposes of developing a town square.
2. The OEDA recommends that the City Council pursue the creation of a Main Street
Redevelopment Authority, taking advantage of the urban renewal provisions of the
Oklahoma statutes, for the purpose of providing incentives for private investment in the
Main Street area.
ATTACHMENTS:
1. Main Street map
2. Memorandum to City Manager dated October 7, 2003
3. Memorandum to OEDA dated January 14, 2004
4. Memorandum to OEDA dated January 27, 2004
5. List of possible Main Street improvement projects
6. Tabulated results of the prioritization of improvement projects
7. Copy of a PowerPoint presentation outlining the Main Street Improvement Initiative
8. State provisions for the creation of an urban renewal authority
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MEMORANDUM
TO: RODNEY RAY
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPr #TENT DIRECTOR
SUBJECT: MAIN STREET REDEVELOPMENT REPORT TO OEDA
DATE: October 7, 2003
BACKGROUND:
A major priority in the development of Owasso is improving the vitality of the Main Street area. Over
the years, the Main Street neighborhood has become increasingly unsightly and underutilized. The
street lacks an identity and a vision.
OUTLINE FOR DEVELOPING A VISION:
I. First, a vision must be developed, forming a consensus among property owners along Main
Street and community business leaders. How do we want Main Street to develop? What kinds
of uses belong along Main Street? The staff is coordinating regular meetings to form a vision
that the City can present to the property owners and business leaders for consideration in the
spring.
II. There should be a "three- tiered approach" to improving Main Street. The public must invest
funds and take a leadership role in improving the neighborhood. Responsibilities of the public
involve the overall appearance of Main Street, from the streetscape to utilities and from lighting
to park areas. Private investment must also be solicited, with incentives if necessary.
Businesses that invest in Main Street are the engine that will revitalize the area, setting an
example for others to follow and creating a source of pride and identity for the entire
community. Also, development regulations must be considered for Main Street, regulations
that would set the commercial standards for the neighborhood apart from the rest of the city.
III. Once a vision is articulated, specific alternatives for improving Main Street will be evaluated.
Public investment, with monies gathered from sources such as Visioning 2025, could include
the following: relocating utilities underground, streetscaping, land acquisition, identification
gateways and monuments, cultural amenities lice amphitheaters, biking and hiking trails, a
downtown improvement fund, a town square, and other facilities and services. Private
investment could be encouraged with incentives such as a Tax Increment Financing district.
Development regulations could come in the form of an overlay district that would adjust
standards for setbacks, parking, architectural styles, and land use.
IV. Once the alternatives are listed and studied, they will be prioritized and implemented according
to factors such as cost - effectiveness and desirability among property owners.
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: MAIN STREET REDEVELOPMENT
VISION AND PRIORITIES
DATE: January 7, 2004
BACKGROUND:
A major priority in the development of Owasso is improving the vitality of the Main Street area. Over
the years, the Main Street neighborhood has become increasingly unsightly and underutilized. The
street lacks an identity and a vision.
As a result of the passage of Tulsa County's Visioning 2025 initiative in September, the City of
Owasso will receive an estimated $1.2 million to spend on improving the Main Street area. A plan for
the spending of this money must be in place by June 30''.
In order to effectively create a plan for using the funds that will become available, the City must have a
vision for how to improve Main Street. In September 2001, the City adopted a document known as
the Owasso Downtown Development District Conceptual Plan and Implementation Strategy, the plan
for redeveloping the Main Street area. This document provides a foundation upon which to build a
vision. The development of the plan was assisted by the large amount of participation by area
residents, property owners, and other citizens.
PLAN IMPLEMENTATION:
The Owasso Economic Development Authority is an appropriate body to recommend priorities for
redeveloping the Main Street area. Two special meetings of the OEDA will be held in January to
consider specific projects for the improvement of Main Street. The OEDA will be asked to make a
recommendation to the City Council with specific projects prioritized for the redevelopment.
Once the redevelopment options have been selected and prioritized, they will be scheduled. Cost
requirements will be studied and the available funds will be allocated according to the priorities.
OUTLINE FOR DEVELOPING A VISION:
There are three basic redevelopment concepts for improving Main Street. The public must invest funds
and take a leadership role in improving the neighborhood. Responsibilities of the public involve the
overall appearance of Main Street, from the streetscape to utilities and from lighting to park areas.
Private investment must also be solicited, with incentives if necessary. Businesses that invest in Main
Street are the engine that will revitalize the area, setting an example for others to follow and creating a
source of pride and identity for the entire community. Also, delrelopment remotions must be
considered for Main Street, regulations that would set the commercial standards for the neighborhood
apart from the rest of the city.
Once a vision is articulated, specific alternatives for improving Main Street need to be evaluated.
Public investment, with monies gathered from sources such as Visioning 2025, could include the
following: relocating utilities underground, streetscaping, land acquisition, identification gateways and
monuments, cultural amenities lice amphitheaters, biking and hiking trails, a downtown improvement
fund, a town square, and other facilities and services. Private investment could be encouraged with
incentives. Development regulations could come in the form of an overlay district that would adjust
standards for setbacks, parking, architectural styles, and land use.
Once the alternatives are listed and studied, they should be prioritized and implemented according to
factors such as cost - effectiveness and desirability among property owners.
ATTACHMENTS:
1. Map showing the Main Street area and neighborhoods covered by the Downtown Improvements
Plan
2. Possible Main Street Improvement Projects
MEMORANDUM
TO: MEMBERS OF THE
OWASSO ECONOMIC DEVELOPMENT AUTHORITY
FROM: ERIC WILES
COMMUNITY DEVELOPMEN" DIRECTOR
SUBJECT: MAIN STREET REDEVELOPMENT
VISION AND PRIORITIES
DATE: January 14, 2004
BACKGROUND:
At its meeting on January 8t', the OEDA was presented with a request to develop recommendations
for improving the Main Street area to submit to the city council. The staff provided copies of the
existing downtown improvement plan, explained the upcoming availability of $1.2 million, and asked
the OEDA to prioritize suggested Main Street improvement projects. Such projects would comprise
the public investment concept of the Main Street redevelopment vision. The other two redevelopment
concepts are private investment and development regulations.
On January 22', the OEDA will be asked to make a recommendation to the City Council with specific
projects prioritized for the redevelopment. Once the redevelopment options have been selected and
prioritized, they will be scheduled. Cost requirements will be studied and the available funds will be
allocated according to the priorities.
MAIN STREET PROJECTS PRIORITIZATION:
At and subsequent to the previous OEDA meeting, members ranked eight suggested improvement
projects in order of priority. The cumulative results are attached to this memorandum. The tabulation
of the priorities suggests three broad groupings of prioritized projects: 1) relocating utilities appears to
clearly be a top priority to the OEDA members with a ranking of 51, 2) street scaping, land acquisition,
and town square are closely grouped together with rankings of 37, 37, and 35, respectively, and 3)
cultural amenities, identification, improvement fund, and trails received ranking points ranging from 18
to 29.
An examination of the prioritization results reveals interesting potential pairings among the four
projects that were ranked the highest. For example, relocating utilities underground would leave a
requirement for a new method of street lighting. This necessary street lighting could be a part of the
streetscaping project, as the existing high lights powered by overhead lines on wooden poles could be
replaced by more pedestrian - scaled streetlights powered by underground lines. Also, land acquisition
would be a logical first step in creating a town square.
RECOMMENDATION:
The staff recommends that the OEDA forward a recommendation of projects to the city council.
A suggested recommendation, if the OEDA members are in agreement about the prioritized rankings,
would be that the city pursue the four highest- ranked projects (utilities relocation, streetscaping, land
acquisition, and town square) with the $1.2 million from the Tulsa County Visioning. It is probable
that $1.2 million will be insufficient to complete all four projects. A possible alternative could be to
relocate the utilities underground and install new streetlights from the Main Street/2`d Street
intersection south to the Main Streed761h Street intersection, and use the remaining funds to acquire
land for a town square site.
URBAN RENEWAL:
Recently, the staff has become aware of a potential Main Street improvement opportunity known as
urban renewal
Urban renewal is a significant economic development concern in most cities, as patterns of commerce
migrate and flow from certain areas to other areas, often leaving the downtown core of the community
in various states of blight. These blighted areas can constitute a serious menace to the health, safety,
and welfare of residents. Further, these areas consistently witness decreases in their tax base and tax
revenues and require increased attention from police, fire, and other forms of public protection.
Municipal governments have the powers to invest in these areas in an attempt at improvement, but
since cities in Oklahoma cannot incur debt, they cannot finance an economic development transaction
unless they have the available, unencumbered funds and they appropriate those funds for that purpose.
Public trusts, like the OEDA, can incur debt with the city's approval, however, they cannot get
involved in promoting retail or wholesale economic development transactions. Therefore, the concept
of an "Urban Renewal Authority" may be a plausible answer tc; the issue of Owasso's Main Street
improvements.
An Urban Renewal Authority (URA) would benefit the "Private Investment" development concept that
has been discussed by the OEDA. A URA has broader public purposes than a public trust. It may
promote housing, retail and wholesale business, industry, provision of medical care and any number of
other community functions provided that the area slated for such development contains blighted
conditions. Both public and private resources may be used. A URA can issue debt, exercise eminent
domain, own lease or sell real property, enter into long term contracts, confer ad valorem tax
exemptions to third parties and provide for the collection of fees to help repay the cost of the
development. Members of a URA are appointed by the municipality.
The staff will continue to research aspects of the costs and benefits of forming an Urban Renewal
Authority in order to determine whether the formation of a URA could prove valuable to the Owasso
Main Street area.
TACHMENTS:
1. Main Street Redevelopment Projects Prioritization
2. Brief descriptions of possible Main Street improvement projects
3. Oklahoma statutes authorizing and describing Urban Renewal Authorities
Downtown Owasso Improvements
As a result of the recent Vision 2025 passage, the City of Owasso will receive
approximately $1.2 million from the Tulsa County Visioning to be utilized on
improvements to the downtown and neighborhood areas.
The following is a list of possible projects:
1. Relocating utilities underground
This project would take overhead utility wires underground.
Goal: - Improve downtown aesthetics.
- protect utilities from the elements (wind, ice...)
2. Street scaping
Providing landscaping, benches, decorative street lighting, sidewalks and other
amenities.
Goal: - Improve downtown aesthetics.
- create positive image and identity.
3. Land Acquisition
Purchase derelict or underutilized parcels in the downtown area to consolidate
into larger tracts and market for redevelopment.
Goal: - Create positive image.
- redevelop downtown.
4. Identification: Gateways, traffic circle, signature piece
Establish (an) architectural monument(s) as place markers identifying the district
and producing a positive image catalyst for the area
Goal: - Create positive community identity.
- Improve downtown aesthetics.
5. Cultural Amenities
Establish cultural/social facilities downtown i.e. a community center,
amphitheater, performance hall.
Goal: - Attract attention and activity to the downtown area.
- Create contributing architectural elements downtown.
- Improve downtown image.
6. Bike/Hiking trails
Build hiking/biking trails along the railroad right -of -way downtown or establish
bike lanes along main downtown streets.
Goal: - Improve downtown image. -
-Bring activity downtown.
Downtown Owasso improvements
7. Downtown Improvement Fund
Establish an improvement fund with the initial funds. Use only portion of the
annual proceeds on downtown improvements and reinvest the remainder for
future use.
Goal: -Have a continuous flow of program money.
-Have a fund to build on and support additional initiatives.
- Create an exclusive program
S. Town Square
Create a public gathering space in a distinctive form and location that would aid
in establishing and reinforcing the community identity and culture.
MAIN STREET PROJECTS PRIORITIZATION
Proposed Project
1. Relocating utilities underground
2. Street scaping
3. Land acquisition
4. Town Square
5. Cultural amenities
6. Identification: Gateways, traffic cirlcle, signature piece, etc.
7. Downtown Improvement fund
8. Bike/Hiking trails
Points
51
37
37
35
29
24
20
18
4�&r, 1904
OF THE
1 --
Owasso Main Street Improvement Initiative
• We Have A Plan
• We Have Funding
Owasso Main Street Improvement Initiative
Downtown Owasso Redevelopment Plan
adopted in September 2001 E
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downtown area.
• Pioneering entrepreneurs will lead in
creating a source of pride and identity
for the entire community to follow.
Owasso Main Street Improvement Initiative
Development Standards",
• Standards of Quality for new _
development must be considered for
Main Street.
• Commercial building standards will
help Main Street establish a distinct
character worthy of community
admiration.
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Relocating utilities underground
• Place the overhead wires
out of site.
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Provide
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landscaping, ornamental street`
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Identification: Gateways, raffic circles
signature pieces
• Establish (an) architectural m
key focal points on Main Strei
positive ii
downtown /Main St.
- Produce architectural
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benchmark for
Owasso
Main
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Identification: Gateways, raffic circles
signature pieces
• Establish (an) architectural m
key focal points on Main Strei
positive ii
downtown /Main St.
- Produce architectural
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Cultural Amenities
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• Create cultural /social facilities -
downtown. � )-
Ex: Community center, amphitheater,
performance venue
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elements for downtown
- Improve the Main Street image
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Owasso Main Street Improvement Initiative
Eight projects and any others that
might be introduced in the future must
be ranked and prioritized.
• A prioritized list of projects will be
submitted to the City Council in the
form of a recommendation.
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Owasso Main Street Improvement Initiative
• Support for the downtown area must come from
the community at -large as well as stakeholders
and residents in the downtown.
• Future detailed planning decisions should be
made through continued public participation.
• Strong leadership will also be needed to guide
the redevelopment efforts by Owasso's elected
officials and staff.
ARTICLE XXXVIII
URBAN RENEWAL
Section
38 -101
Definitions and Applicability
38 -102
Declarations and Findings
38 -103
Workable Program for Utilization of Private and Public Resources
38 -104
Maximum Rehabilitation and Redevelopment by Private Enterprise - Public Housing Fa-
cilities
38 -105
Resolution - Approval by Voters in Municipalities under 100,000 Population
38 -106
Urban Renewal Plan - Public Hearings - Approval and Modification - Disaster Areas
38 -107
Urban Renewal Authority
38 -108
Enumerated Authority Powers - Powers and Duties Excluded
38 -109
Powers of Municipalities or Other Public Bodies
38 -110
Powers of Redevelopment Corporations or other Private Persons or Corporations
38 -111
Condemnation Powers
38 -112
Exemption of Property From Judicial Process and Taxation
38 -113
Acquisition of Property other than by Means of Eminent Domain - Payment of Taxes -
Excess Property
38 -114
Sale or Lease of Real Property - Obligations of Purchasers or Lessees - Owner
Participation Agreements
38 -115
Notes or Bonds
38 -116
Notes or other Obligations as Legal Investments
38 -117
Organization or Urban Redevelopment Corporations- Powers, Duties and Obligations
38 -118
Personal Interest of Public Officials or Employees in Project or Property
38 -119
Law Governing
38 -120
Tax Increment Allocation District Authorized - Hearing
38 -121
Ad Valorem Tax may be Applied
38 -122
Notice to County Officers - Assessment of District
38 -123
Apportionment of Millage - Method of Computation
ARTICLE XXXVIII
UR.BA_N RENEWAL
SECTION 38 -101. DEFINITIONS AND APPLICABILITY
The provisions of this article shall apply to all municipalities in this state except as otherwise
provided. The following terms whenever used or referred to in Sections 38 -101 through 3 8-1 19 of this title
shall have the following mear_ings, unless a different meaning is clearly indicated by the context:
1. "Authority" or "Urban Renewal Authority" shall mean a public body corporate created by
Section 38 -107 of this title;
2. "Public body" shall mean the state or any incorporated city, town, board, commission,
authority, district, or any subdivision or public body of the state;
3. "Municipality" shall mean any incorporated city or town:
4. "Municipal governing body" shall mean the council, board of trustees, or other body duly
charged with governing a municipality;
5. "Mayor" shall mean the mayor of a municipality or other officer or body having the duties
customarily imposed upon the executive head of a municipality;
6. "Clerk" shall mean the clerk or other official of a municipality who is the custodian of the
official records of the municipality;
7. "Federal Government" shall include the United States of America or any agency or
instrumentality, corporate or otherwise, of the United States of America;
8. 'Blighted area" shall mean an area in which there are properties, buildings, or
improvements, whether occupied or vacant, whether residential or nonresidential, which by reason of
dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation or
open spaces; population overcrowding, improper subdivision or obsolete platting of land, inadequate parcel
size; arrested economic development; improper street layout in terms of existing or projected traffic needs,
traffic congestion or lack of parking or terminal facilities needed for existing or proposed land uses in the
area, predominance of defective or inadequate street layouts; faulty lot layout in relation to size, adequacy,
accessibility or usefulness; unsanitary or unsafe conditions, deterioration of site or other improvements;
diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land; defective
or unusual conditions of title; any one or combination of such conditions which substantially impair or
arrest the sound growth of municipalities, or constitutes an economic or social liability, or which endangers
life or property by fire or other causes, or is conducive to ill health, transmission of disease, mortality,
juvenile delinquency, or crime and by reason thereof, is detrimental to the public health, safety, morals or
welfare;
9. "Urban renewal project" or "redevelopment project" may include undertakings and
activities of a municipality, an urban renewal authority, redevelopment corporation, person or other
corporation, in an urban renewal area for the elimination and for the prevention of the development or
38-2
spread of blight, and may involve clearance and redevelopment in an urban renewal area, or rehabilitation
or conservation in an urban renewal area, or any combination or part thereof in accordance with an urban
renewal plan. Such undertakings may include: (a) acquisition of a blighted area or portions thereof; (b)
demolition and removal of buildings and improvements; (c) installation, construction or reconstruction of
streets, off - street parking facilities, utilities, parks, playgrounds, and other improvements necessary for
carrying out in the urban renewal area the urban renewal objectives of this article in accordance with the
urban renewal plan; (d) disposition of any property for uses in the urban renewal area or the leasing or
retention of such property for uses in accordance with the urban renewal plan, (e) carrying out plans for a
program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in
accordance with the urban renewal plan; or (f) acquisition of any other real property in the area where
necessary to eliminate unhealthful, unsanitary or unsafe conditions, lessen density, eliminate obsolete or
other uses detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or
deterioration, or to provide land for needed public facilities;
10. "Urban renewal area" means a blighted area within which the governing body of a
municipality designates an area appropriate for an urban renewal project;
11. "Urban renewal plan" means a plan officially adopted by the municipal governing body, as
it mists or is changed from time to time, for an urban renewal project, which plan shall: (a) conform to the
general plan for the municipality as a whole except as provided in subsection 1 of Section 38- 106(e) of this
title; and (b) be sufficiently complete to indicate such land acquisition, demolition and removal of
structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the
urban renewal area, zoning and planning changes, if any, land uses, maximum densities, building
requirements, and the plan's relationship to definite local objectives respecting appropriate land uses, traffic,
public transportation, public utilities, recreational and community facilities, and other public improvements,
and plans for financing the project, and plans for the relocation of families and businesses to be displaced;
12. "Real property" shall include all lands, including improvements and fixtures thereon, and
property of any nature appurtenant thereto, or used in connection there with, and every estate, interest, right
and use, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or
otherwise;
13. "Notes" shall mean any notes (including refunding notes), interim certificates of
indebtedness, debentures or other obligations;
14. "Obligee" shall include any bondholder, agents or trustees for any bondholders, or lessor
demising to the municipality property used in connection with an urban renewal project, or any assignee or
assi ®nees of such lessor's interest or any part thereof, and the Federal Government when it is a parry to any
contract with the Urban Renewal Authority of the municipality;
15. "Person" shall mean any individual, firm, partnership, corporation, company, association,
joint stock association, or body politic; and shall include any trustee, receiver, assignee, or other person
acting in a similar representative capacity;
16. "Area of operation" shall mean the area within the corporate limits of the municipality;
17. "Board" or "Commission" shall mean a board, commission, department, division, office,
body or other unit of the municipality;
18. "Public officer" shall mean any officer who is in charge of any department or branch of the
government of a municipality relating to health, fire, building re;ulatioits, or to other activities concerning
dwellings in its area of operation; and
19. "Redevelopment corporation" shall mean a corporation organized under the provisions of
Section 38 -117 of this title.
SECTION 38 -102. DECLARATIONS AND FINDINGS
It is hereby found and declared that there exists in certain municipalities blighted areas as herein
defined which constitute a serious and growing menace, injurious and inimical to the public health, safety,
morals and welfare of the residents of said municipalities; that the existence of such areas contributes an
economic and social liability imposing onerous burdens which decrease the tax base and reduce tax
revenues, substantially impairs or arrests sound urban growth, retards sound economic development.
aggravates traffic problems and substantially impairs or arrests the elimination of traffic hazards and the
improvement of traffic facilities; and that the prevention and elimination of blight is a matter of state policy
and state concern; that the state and such municipalities shall not continue to be endangered by areas which
are focal centers of disease, promote juvenile delinquency, and consume an excessive proportion of its
revenue because of extra services required for police, fire, accident, hospitalization and other forms of
public protection, services and facilities; that by such prevention and elimination, property values will be
stabilized and tax burdens more equitably distributed, and the financial and capital resources of the state
will be strengthened; that this menace can best be remedied by cooperative participation of private
enterprise, municipal governing bodies and public agencies.
It is further found and declared that certain blighted areas, or portions thereof, may require
acquisition, clearance, and disposition subject to use restrictions, as provided in this article, since the
prevailing conditions of decay may make impracticable the reclamation of the area by conservation or
rehabilitation; that the conditions and evils hereinbefore enumerated may be eliminated, remedied or
prevented; that the salvable blighted areas can be conserved and rehabilitated through appropriate public
action as herein authorized, and the cooperation and voluntary action of the owners and tenants of property
in such area.
It is further found and declared that the powers conferred by this article are for public uses and
purposes for which public money may be expended and the power of eminent domain and police power
exercised; and it is hereby declared that it is a matter of legislative determination that the provisions of this
article are enacted in the public interest.
SECTION 38 -103. WORKABLE PROGRAM FOR UTILIZATION OF PRIVATE AND
PUBLIC RESOURCES
A municipality for the purpose of this article shall formulate for its area of operation a workable
program for utilizing appropriate private and public resources to eliminate and prevent the development or
spread of blight, to encourage needed rehabilitation, to provide for the redevelopment of blighted areas, or
to undertake any of these activities or other feasible public activities as may be suitably employed to
achieve the objectives of the work able program. The workable program may include, without limitation,
provision for: the prevention of the spread of blight into areas of the municipality which are free from
blight through diligent enforcement of housing, zoning and occupancy controls and standards; the
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rehabilitation or conservation of blighted areas or portions thereof by replanning. removing congestion.
providing parks, play grounds and other public improvements, by encouraging voluntary rehabilitation and
by compelling the repair and rehabilitation of deteriorated or deteriorating structures: and the clearance and
redevelopment of blighted areas or portions thereof.
SECTION 38 -104. MAXIMUM REHABILITATION AND REDEVELOPMENT BY
PRIVATE ENTERPRISE - PUBLIC HOUSING FACILITIES
The 7irban Renewal Authority and any municipality, to the greatest extent determined to be feasible
in carrying out the provisions of this article, shall afford maximum opportunity, consistent with the sound
needs of the municipality as a whole, to the rehabilitation or redevelopment of the urban renewal area by
private enterprise. The Urban Renewal Authority and the municipality shall give consideration to this
objective in exercising their powers under this article, including the formulation of a workable pro gram, the
approval of urban renewal plans (consistent with the general plan of the municipality), and the exercise of
its zoning powers, the enforcement of other law, codes and regulations relating to the use of land and the
use and occupancy of buildings and improvements, the disposition of any property acquired, and the
provision of necessary public improvements. Nothing herein shall be construed to authorize any
municipality or Urban Renewal Authority to construct or operate public housing facilities.
SECTION 38 -105. RESOLUTION - APPROVAL BY VOTERS IN MUNICIPALITIES
UNDER 100,000 POPULATION
A. No Urban Renewal Authority created by this article shall exercise the authority or powers
granted by this article until after the municipal governing body shall have determined by resolution that
such action is in the public interest and elects to have such authority or powers exercised by the Urban
Renewal Authority if one exists or is subsequently established.
B. No municipality shall exercise the authority granted by this article until after the municipal
governing body shall have adopted a resolution finding that: (1) one or more blighted areas exist in its area
of operation, and (2) the rehabilitation, conservation or redevelopment. or a combination thereof. of such
area or areas is necessary in the interest of the public health, safety. morals and welfare of the residents of
such area.
C. No municipality which has a population of less than ten thousand (10,000) inhabitants, as
shown by the latest federal census, shall exercise the authority granted by this article until a majority of the
registered voters of the municipality who vote at an election to be held for that purpose shall have approved
same. (Amended, effective 5- 20 -94).
SECTION 38 -106. URBAN RENEWAL PLAN - PUBLIC HEARINGS - APPROVAL AND
MODIFICATION - DISASTER AREAS
A. The Urban Renewal Authority may itself prepare or cause to be prepared an urban renewal
plan or any person or agency, public or private, may prepare and submit such a plan to the municipality.
Prior to the approval of an urban renewal plan by the municipal governing body, the plan shall be submitted
to the planning commission having official planning jurisdiction in the municipality and such planning
commission shall determine if such plan conforms with the general plan for its area of operation and the
municipality, and the planning commission shall submit its written recommendations to the municipality
with respect thereto within sixty (60) days after receipt of the plan.
B. A municipal governing body shall not approve an urban renewal plan for an urban renewal
area unless such governing body, by resolution, has determined such area to be a blighted area and
designated such area or portion thereof, as appropriate for an urban renewal project. The municipal
governing body shall not approve an urban renewal plan or project until a general plan for the municipality
has been adopted as the long -range development policy, and such urban renewal plan shall adhere thereto,
provided, however, that such general plan must have designated and delineated urban renewai areas,
established the appropriate reuse of such areas and established priorities for the rehabilitation or clearance
and redevelopment of such areas. The Urban Renewal Authority or a municipality shall not acquire real
property for an urban renewal project unless the municipal governing body has approved the urban renewal
plan in accordance with Subsection D of this section.
C. Upon receipt of the recommendations of the planning commission, or if no recommenda-
tions are received within the sixty -day period, then without such recommendations, the municipal governing
body may proceed with the hearing on the proposed urban renewal project as prescribed by Subsection D of
this section.
D. The municipal governing body shall hold a public hearing on an urban renewal plan, after
public notice thereof by publication at least one time not less than fifteen ( l 5) days prior to the date of such
public hearing, in a newspaper having general circulation in the area of operation of the municipality; and
by posting not less than five (5) public notice signs, each having at least nine (9) square feet of display area,
for a period of fifteen (15) successive days including the day of the public hearing for which notice is being
given, in the area affected by the proposed urban renewal plan, and shall outline the general nature and
scope of the urban renewal project under consideration.
E. Following such hearing, the municipal governing body may approve an urban renewal plan
if it finds that: (1) A feasible method exists for the relocation of families and businesses who will be
displaced from the urban renewal area in decent, safe and sanitary accommodations within their means and
without undue hardship to such families and businesses; (2) The urban renewal plan con forms to and
assists in the execution of the general plan of the municipality as a whole, provided, however, if the
planning commission fails to make such a determination within the prescribed sixty (60) days, or makes a
determination to the contrary, not less than four -fifths majority vote of the municipal governing body shall
be required to make this finding; (3) The plan includes feasible methods for financing the project; and (4)
The urban renewal plan will afford maximum opportunity, consistent with the sound needs of the
municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private
enterprise.
F. An urban renewal plan may be modified at any time in accordance with the following
procedure: (1) The Urban Renewal Authority determines the proposed modification to be desirable; (2) The
planning commission deter mines that the proposed modification conforms to the general plan for the
municipality and makes its recommendations pursuant to the modification or not as it may determine.
Public hearings required for the adoption of an urban renewal plan in the first instance shall be held if the
governing body determines the modification to be a significant deviation from the existing urban renewal
plan. in which case, approval of the modification shall be in the same manner as prescribed by this article
for adoption of any urban renewal plan. If the governing body determines the modification not to be a
significant deviation or to be merely technical or for clarification purposes, the governing body may act
without such public hearings.
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G. If modification of the plan is proposed after the lease or sale by the Urban Renewal
Authority of real property in the urban renewal project area, such modification may be conditioned upon the
approval of the owner, lessee or successor in interest as the authority may deem advisable and in any event
shall be subject to such rights at law or in equity as a lessee or purchaser, or his successor or successors in
interest, may be entitled to assert.
H. Upon the approval by the municipal governing body of an urban renewal plan or of any
modification thereof, such plan or modification shall be deemed to be in full force and effect for the
respective urban renewal area and the Urban Renewal Authority may then cause such plan or modificatioa
to be carried out in accordance with its terms.
I. Notwithstanding any other provisions of this article. where the municipal governing body
determines that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, wind,
earthquake, storm or other catastrophe respecting which the Governor of the state has certified the need for
disaster assistance under Public Law 875, Eighty -first Congress (42 U.S.C. Sections 1855- 1855g), or other
federal laws, the municipal governing body may approve an urban renewal plan and an urban renewal
project with respect to such area without regard to the provisions of subsection E of this section and the
provisions of this section requiring a general plan for the municipality and a public hearing on the urban
renewal project.
SECTION 38 -107. URBAN RENEWAL AUTHORITY
A. There is hereby created in each municipality to which this article is applicable, a public
body corporate to be known as the "Urban Renewal Authority," or such other name as may be designated by
the governing body of the municipality, which may sue or be sued, provided, that such Authority shall not
transact any business or exercise its powers hereunder until or unless the governing body of the
municipality has made the finding prescribed in Section 38 -105 of this title.
B. When the Urban Renewal Authority is authorized to transact business and exercise powers
hereunder, the mayor, subject to the approval of the municipal governing body, shall appoint a Board of
Commissioners consisting of five (5) members. The teen of office of each such Commission member shall
be for three (3) years, except that of the members first appointed, one shall serve for a tern of one (1) year
and two shall serve for terms of two (2) years. The initial appointments, regardless the calendar date when
such appointments are made, shall expire on the July 31 closest to the full one, two or three -year term to
which such members are appointed. Thereafter, and after the expiration of initial terms, all members shall
serve terms of three (3) years. All terms of office, including initial appointments, shall expire as of July 31
and new terms shall commence on August 1 of the calendar year.
C. The mayor of the municipality shall designate from the duly appointed Commission
members, a Chairman and Vice Chairman who shall serve terns of one (1) year, beginning August 1 of
each calendar year, or until a successor is named. Should the mayor fail to designate a Chairman or Vice
Chairman within thirty (30) days after the separation date of the former Chairman, the Commission may
elect a Chairman or Vice Chairman from its membership by a simple majority vote of its members. The
Chairman, and in his absence the Vice Chairman, shall call and preside over meetings of the Board of
Commissioners, direct the recording of minutes of its deliberations, and appoint committees and assign their
respective activities.
r
D. A Commissioner shall receive no compensation for his services but shall be entitled to
necessary expenses, including traveling expenses, incurred in the discharge of his duties. Each
Commissioner shall hold office until his successor has been appointed and qualified. A certificate of the
appointment or reappointment of any Commission member shall be filed with the clerk of the municipality
and such certificate shall be conclusive evidence of the due and proper appointment of such Commission
member. Commissioners shall not be personally liable for obligations of the Urban Renewal Authority.
E. The powers of an Urban Renewal Authority shall be exercised by the Commissioners
thereof. A majority of the Commissioners shall constitute a quorum for the purpose of conducting business
and exercising the powers of the Authority and for all other purposes. Action may be taken by the
Authority upon a vote of a majority of the Commissioners, unless in any case its bylaws shall require a
larger number. Any person may be appointed as a Commissioner if he has resided for five (5) years within
the municipality or an area annexed to the municipality and is otherwise eligible for such appointment under
this article.
F. The Urban Renewal Authority may employ an executive director, technical experts and
such other agents and employees, permanent and temporary, as it may require, and determine their quali-
fications, duties and compensation. The Authority may receive legal services of the staff of the munic-
ipality or it may employ or retain its own legal counsel and legal staff and may contract for any services
necessary to its operation under this article. An Authority authorized to transact business and exercise
powers under this article shall file, with the mayor and the municipal governing body, on or before July 31
of each year, a report of its activities for the preceding fiscal year ending June 30, which report shall include
a complete financial statement setting forth its assets, liabilities, income and operating expenses as of the
end of such fiscal year. At the time of filing the report, the Authority shall publish in a newspaper of
general circulation in the area of operation, a notice to the effect that such report has been filed with the
mayor and municipal governing body and that the report is available for inspection during business hours in
the office of the clerk or other appropriate officer of the municipality and in the office of the Urban Renewal
Authority.
G. A Commission member may be removed from office prior to the expiration of the tern for
which he was appointed only for inefficiency or neglect of duty or misconduct in office by s two- thirds
majority vote of the municipal governing body after hearing based on charges which are written and a copy
delivered to such Commission member at least ten (10) days before such hearing. A Commission member .
may represent himself at such hearing or be represented by counsel. (Amended, effective 4- 9 -86).
SECTION 38 -108. ENUMERATED AUTHORITY POWERS - POWERS AND DUTIES
EXCLUDED
A. Every Urban Renewal Authority within the pro visions of this article shall have all the
powers necessary or convenient to carry out and effectuate the purposes and provisions of this article,
including the following powers in addition to others herein granted:
1. To undertake and carry out the urban renewal projects within its area of operation and in
accordance with any urban renewal plan adopted by the municipality; and to make and execute contracts
and other instruments necessary or convenient to the exercise of its powers under this article; and to
disseminate blight and urban renewal information;
2. To provide or to arrange or contract for the furnishing by any person or agency, public or
private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in connection
with an urban renewal project; to install, construct, and reconstruct streets, off - street parking facilities.
utilities, parks. play grounds, and other public improvements; and to agree to any conditions that it may
deem reasonable and appropriate attached to Federal financial assistance and imposed pursuant to Federal
law relating to the determination of prevailing salaries or wages or compliance with labor standards, in the
undertaking or carrying out of an urban renewal project, and to include in any contract let in connection
with such a report, provisions to fulfill such of said conditions as it may deem reasonable and appropriate;
3. With the permission of the owner or occupant, to enter into any building or property in any
urban renewal area within its area of operation in order to make inspections, surveys, appraisals, soundings
or test borings; provided if permission be denied, to so enter for such purpose, upon reasonable notice and at
reasonable times, with the least possible inconvenience to the persons in possession, and to obtain an order
for this purpose from a court of competent jurisdiction in the event entry is denied or resisted. to acquire by
purchase, lease, option, gift, grant, bequest, devise, eminent domain or otherwise, any real property, or
personal property for its purposes, together with any improvements thereon; to hold, improve, clear or
prepare for redevelopment any such property; to mortgage, pledge, hypothecate or otherwise encumber or
dispose of any real property; to insure or provide for the insurance of any real or personal property or
operations of the Authority or the municipality against any risk or hazards, including the power to pay
premiums on any such insurance; and to enter into any contracts necessary to effectuate the purposes of this
article; provided, however, that no statutory provisions with respect to the acquisition, clearance or
disposition of property by public bodies shall restrict the Authority of municipality of other public body
exercising powers hereunder, in the exercise of such functions with respect to an urban renewal project,
unless the Legislature shall specifically so state;
4. To invest any urban renewal project funds held in reserves or sinking fiends or any such
funds not required for immediate disbursement, in property or securities in which savings banks, building
and loan associations or savings and loan associations may legally invest funds; to redeem such notes as
have been issued pursuant to Section 38 -115 of this title at the redemption price established therein or to
purchase such notes at less than redemption price, all such notes so redeemed or purchased to be canceled;
5. To borrow money and to apply for and accept advances. loans, grants, contributions and
any other form of financial assistance from the federal government. the state, county or other public body,
or from any sources, public or private. for the purposes of this article, and to give such security as may be
required and to enter into and carry out contracts in connection therewith. An Authority may include in any
contract for financial assistance with the federal government for an urban renewal project such conditions
imposed pursuant to federal laws as the Authority may deem reasonable and appropriate and which are not
inconsistent with the purposes of this article;
6. To make or have made, within its area of operation, surveys and plans necessary to the
carrying out of urban renewal plans or projects, and to contract with any person, public or private, in
making and carrying out such plans. Such plans may include: (a) urban renewal plans; (b) preliminary
plans outlining urban renewal activities for neighborhoods to embrace two or more urban renewal areas, (c)
plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and
improvements; (d) plans for the enforcement of state and local laws, codes and regulations relating to the
use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition.
or removal of buildings and improvements; or (e) appraisals, title searches, surveys, studies, and other plans
and work necessary to prepare for the undertaking of urban renewal projects:
7. To develop, test, and report methods and techniques, and carry out demonstrations and
other activities, for the prevention and the elimination of blight and to apply for, accept and utilize `;rants of
funds from the Federal Government or any other source for such purposes:
8. To prepare plans for the relocation of persons, families. business concerns and others
displaced by an urban renewal project, and to make relocation payments to or with respect to such persons
for moving expenses and losses of property for which reimbursement or compensation is not otherwise
made, including the making of such payment financed by the Federal Government but not limited thereby:
9. To make such expenditures as may be necessary to cant' out the purposes of this article;
10. To organize, coordinate and direct the administration of the provisions of this article as
they apply to the municipality in order that the objective of remedying blighted areas and preventing the
causes thereof within its area of operation may be most effectively promoted and achieved, and to establish
such office or offices necessary to carry out such purposes most effectively; or
11. To exercise all or any part or combination of powers herein granted, provided that the
records covering all transactions shall be open to public scrutiny and may be inspected by any person
affected thereby during regular office hours and upon reasonable notice.
B. The duties, powers or authority of the Urban Renewal Authority shall not include:
1. The power to determine an area to be a blighted area and to designate such area as
appropriate for an urban renewal project;
2. The power to prepare, establish, or amend a general plan for the locality as a whole;
3. The power to formulate a workable program;
4. The power to make the determinations and findings provided for in Section 38 -105 and
subsection E of Section 38 -106 of this title;
5. The power to issue general obligation bonds;
6. The power to appropriate funds of the municipality, to levy taxes and assessments;
7. The power to zone or rezone; or
8. The power to make exceptions to zoning ordinances or building regulations of the
municipality.
SECTION 38 -109. POWERS OF MUNICIPALITIES OR OTHER PUBLIC BODIES
A. For the purpose of aiding in the planning, undertaking or carrying out of an urban renewal
project, a municipality or any other public body may:
1. Cause public buildings and public facilities to be furnished, including parks, playgrounds,
recreational, community, educational, water, sewer, or drainage facilities, or any other works which it is
38 -10
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otherwise empowered to undertake; furnish, dedicate, close, vacate, pave, install, grade, regrade, plan or
replan streets, roads, sidewalks, ways or other places; or make exceptions from building regulations; and
cause administrative and other services to be furnished;
2. Accept by gift or otherwise acquire, with or without consideration, title to real property in
an urban renewal project area, hold such real property and enter into lease - purchase or other agreements
respecting the operation, use, or disposal of such land, with a duly organized urban redevelopment
corporation or Urban Renewal Authority. Such lease- purchase or other agreements shall contain such terms
and conditions as may be deemed necessary and convenient to the execution of an urban renewal plan; or
J. Appropriate funds for urban renewal purposes.
B. If at any time title to or possession of any real property in an urban renewal project is held
by any municipality or public body or governmental agency which is authorized by law to engage in the
undertakings, carrying out, or administration of urban renewal projects (including any agency or
instrumentality of the United States of America), the provisions of the agreements referred to in this section
shall insure to the benefit thereof and may be enforced by such public body or governmental agency.
C. Any sale, conveyance, lease or lease- purchase agreement or agreement provided pursuant
to this section may be made by a public body to any other public body without appraisal, public notice,
advertisement or public bidding.
D. For the purpose of aiding in the planning, undertaking or carrying out of an urban renewal
project hereunder, a municipality or an Urban Renewal Authority or any other public agency, board or body
may (in addition to its other powers and upon such terms, with or without consideration, as it may
determine) do and perform any or all of the actions or things which such public agencies or public bodies
are authorized to do or perform, including the furnishing of financial and other assistance.
E. For the purposes of this section, or for the purposes of aiding in the planning, undertaking
or carrying out of an urban renewal project, such municipality may issue and sell its general obligation
bonds. Any bonds issued by a municipality pursuant to this section shall be issued in the manner and within
the limitations prescribed by laws of this state for the issuance and authorization of bonds by such
municipality for public purposes generally.
SECTION 38 -110. POWERS OF REDEVELOPMENT CORPORATIONS OR OTHER
PRIVATE PERSONS OR CORPORATIONS
For the purpose of aiding in the planning, undertaking or carrying out of an urban renewal project,
an urban redevelopment corporation or any other private person or corporation may, upon such terms and
with or without consideration, as may be determined:
1. Dedicate, sell, convey, or lease any of its interest in any property or grant easements,
licenses or other rights or privileges therein to an Urban Renewal Authority. or to a municipality or any
other public body or governmental agency or to any private person or corporation;
2. Incur the entire expense, or any portion there of, of any public improvements necessary to
the execution of an urban renewal plan;
I
. Do any and all things necessary to aid or cooperate in the planning or carrying out of an
urban renewal plan;
Lend, grant or contribute funds to an Urban Renewal Authority; or
5. Enter into agreements, including lease - purchase agreements. (which may extend over any
period, not withstanding any provision or rule of law to the contrary) with any municipality. public body or
governmental agency including an Urban Renewal Authority, respecting action to be taken pursuant to any
of the powers granted by this article, including the furnishing of funds, or other assistance in connection
with an urban renewal project.
SECTION 38 -111. CONDEMNATION POWERS
A. After the adoption by the municipal governing body of an urban renewal plan and a
resolution declaring that the acquisition of real property described in the plan is necessary to the execution
of the plan, the Urban Renewal Authority designated as the agency to execute such plan shall have the right
to acquire by condemnation or otherwise, any interest or right or combination of rights in real property,
including a fee simple title thereto, necessary to the execution of the approved plan. Condemnation for the
urban renewal of blighted areas is declared to be a public use, and property already devoted to any other
public use or acquired by the owner or his predecessor in interest by eminent domain may be condemned
for the purpose of this article. The award of compensation for real property taken for such a project shall
not be increased by reason of any increase in the value of the real property caused by the assembling,
clearance, reconstruction, or proposed assembly, clearance or reconstruction in the project area. No
increment of value shall accrue to such property as the result of any illegal or unlawful use thereof. No
allowance shall be made for the improvements begun on real property after notice to the owner of such
property or the institution of proceedings to condemn such property. Evidence shall be admissible bearing
upon the unsanitary, unsafe, or substandard condition of the premises, or the lawful use thereof.
B. Except as otherwise provided by subsection C of this section, the Urban Renewal Authority
shall have the right to acquire by condemnation any interest in real property, including a fee simple tltl?
thereto, which it may deem necessary for or in connection with an urban renewal project under this article.
C. If an Urban Renewal Authority intends to acquire unimproved real property pursuant to the
power of condemnation authorized by this article, the Urban Renewal Authority shall specifically identify
the parcels or tracts of real property which it intends to acquire through condemnation to the governing
body of the municipality. The governing body of the municipality shall consider the proposed acquisition
of the unimproved real property during an open meeting and shall be required to approve the proposed
acquisition by a majority vote of those persons constituting the governing body of the municipality. No
Urban Renewal authority shall acquire unimproved real property by condemnation unless the acquisition
has been specifically approved by the governing body of the municipality as required by this subsection.
An acquisition by an Urban Renewal Authority of unimproved real property made without the approval of
the municipal governing body shall be void and notwithstanding the completion of other proceedings an
action may be maintained by a person with a legal or equitable interest in the subject real property to
recover title to the real property or possession of the real property or both title and possession of the real
Property.
D. The procedure prescribed for railroad companies in Sections 51 et seq., of Title 66 of the
Oklahoma Statutes, shall be followed in acquiring property by eminent domain. Property already devoted
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to public use may be acquired in like manner; provided, that no real property belonging to the state. or anv
political subdivision thereof may be acquired without its consent.
E. In the event any Urban Renewal Authority in exercising any of the powers conferred by
this article makes necessary the relocation, raising, rerouting or changing the grade of or altering the
construction of any railroad, common carrier or public utility property or facility, all such relocation,
raising, rerouting, changing of grade or alteration of construction shall be accomplished at the expense of
the Urban Renewal Authority, provided that the Urban Renewal Authority shall not disturb the possession
or operation of any railroad, common carrier, or public utility in or to the appropriated property or facility
until the relocated property or facilities are available for use and until marketable title triereto has been
transferred to the railroad, common carrier or public utility.
F. In any proceeding to fix or assess compensation for damages for the taking (or damaging)
or property, or any interest therein, through the exercise of the power of eminent domain or condemnation,
evidence or testimony bearing upon the following matters shall be admissible and shall be considered in
fixing such compensation or damages, in addition to evidence or testimony otherwise admissible:
I. Any use, condition, occupancy, or operation of such property, which is unlawflil or
violative of, or subject to elimination, abatement, prohibition, or correction under, any law or any ordinance
or regulatory measure of the state, county, municipality, other political subdivision, or any agency thereof.
in which such property is located, as being unsafe, substandard, unsanitary or otherwise contrary to the
public health, safety, or welfare; and
2. The effect on the value of such property, or any such use, condition, occupancy, or
operation, or of the elimination, abatement, prohibition, or correction of any such use, condition, occupancy,
or operation.
G. The foregoing testimony and evidence shall be admissible notwithstanding that no action
has been taken by any public body or public officer toward the occupancy or operation. Testimony or
evidence that any public officer charged with the duty or authority to do so has rendered, made or issued
any judgment, decree, determination or order for the abatement, prohibition, elimination or correction of
any such use, condition, occupancy, or operation shall be admissible and shall be prima facie evidence of
the existence and character of such use, condition or operation.
H. In any condemnation proceedings in which a jury trial is had, if the verdict of the jury
exceeds the award of the court appointed commissioners, the court may award a reasonable attorney fee to
the defendant or defendants, which shall be paid by the condemnor. (Amended, effective I 1- 1 -96).
SECTION 38 -112. EXEMPTION OF PROPERTY FROM JUDICIAL PROCESS AND
TAXATION
A. All property of an Urban Renewal Authority, including funds, owned or held by it for the
purposes of this article shall be exempt from levy and sale by virtue of an execution, and no execution or
other judicial process shall issue against the same nor shall judgment against an Urban Renewal Authority
be a charge or lien upon such property; provided, however, that the provisions of this section shall not apply
to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien Given
pursuant to this article by an Urban Renewal Authority on its rents, fees, grants or revenues from urban
renewal projects.
B. The exercise of powers granted by this article will be in all respects for the benefit of the
people of this state, and its political subdivisions, and the municipalities of this state, for the improvement
of the public health, safety, morals and general welfare of the people. Tile activities of an Urban Renewal
Authority pursuant to this article constitute an essential governmental function and the property or funds of
an urban Renewal Authority, acquired or held for the purposes of this article, are declared to be public
property used for essential public and governmental purposes and such property shall be exempt from all
taxes of the state, the county, the municipality or any other political subdivision thereof. provided, that such
tax exemption shall terminate when the Urban Renewal Authority sells such property in an urban renewal
area to a purchaser who is not a public body entitled to tax exemption with respect to such property; or if
such property is leased by the Urban Renewal Authority, then the improvements placed thereon shall not be
entitled to such tax exemption. Provided, further, that the Urban Renewal Authority is limited in its
authority to acquire property to the acquisition which is necessary in the carrying out of an urban renewal
plan.
SECTION 38 -113. ACQUISITION OF PROPERTY OTHER THAN BY MEANS OF
EMINENT DOMAIN - PAYMENT OF TAXES - EXCESS PROPERTY
Whenever the municipal governing body shall have determined by resolution that an area within
the municipality is appropriate for an urban renewal project, then, regardless of whether or not an urban
renewal plan for such area has been approved under the provisions of this article, the municipality or the
Urban Renewal Authority within the municipality may acquire real property at any time within such area by
means other than the exercise of the power of eminent domain. In order to qualify for financial assistance
from the Federal Government in making such acquisition, and regardless of any other provisions of the laws
of the State of Oklahoma, the municipal governing body may herein provided the Urban Renewal Authority
or governing body, as the case may be, acquiring the property shall be responsible for and pay any accruing
ad valorem taxes becoming due or owing until such time as the property is incorporated in an approved
urban renewal plan or converted to another public use. Any property so acquired shall be subject to all
other provisions of this article the same as property otherwise acquired, except that in the event the property
o acquired is not used for urban renewal purposes because an urban renewal plan for the project area is not
approved, or is amended to omit any of the acquired property, or is abandoned for any reason, the property
may be disposed of under such reasonable competitive bidding procedures as the municipal governing body
shall prescribe, or such property may be converted to any other public use.
SECTION 38 -114. SALE OR LEASE
PURCHASERS OR
AGREEMENTS
OF REAL PROPERTY - OBLIGATIONS OF
LESSEES - OWNER PARTICIPATION
A. An Urban Renewal Authority may sell, lease or otherwise dispose of or transfer real
property or any interest therein acquired by it at its fair value to a redevelopment corporation or any other
private person or persons, and may enter into contracts with respect thereto, under reasonable negotiating
procedures as may be prescribed by the municipal governing body, for residential, recreational, commercial,
industrial or other uses or for public uses, or may retain such property for public use, in accordance with the
urban renewal plan. The sale, lease or other disposition or transfer of real property or interest therein may
be subject to such covenants, conditions, and restrictions, including covenants running with the land, as the
Urban Renewal Authority may deem to be necessary or desirable to assist in preventing the development or
spread of future blight or to otherwise carry out the purposes of this article: provided that such sale, lease.
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disposition, transfer or retention, may be approved by the municipal governing body and may be made only
after approval of the urban renewal plan by the municipal governing body. A copy of the agreement or
agreements related to the sale, lease, disposition or transfer shall be filed as a public record with the clerk of
the municipality and the county clerk of the county in which the situs of the municipality is located.
B. The municipality may transfer real property necessary and convenient to the execution of
an approved urban renewal plan, or any interest therein, acquired by it, to the Urban Renewal Authority or a
redevelopment corporation established under the provisions of this article. The transfer of real property or
any interest therein to the Urban Renewal Authority shall be oil such terms as may be deemed to be
desirable and in the public interest. Such property, or interest therein, transferred to a redevelopment
corporation shall be at its fair values for uses in accordance with an approved urban renewal plan. Any such
transfer of real property or interest therein shall be by agreement to be executed only after approval of the
urban renewal plan by the municipal governing body. A copy of the agreement or agreements related to
such transfer of real property shall be filed as a public record with the clerk of the municipality and the
county clergy: of the county in which the situs of the municipality is located.
C_ Purchasers or lessees of real property in an urban renewal area and their successors and
assignees shall be obligated to devote such real property only to the uses specified in the urban renewal
plan, and may be obligated to comply with such other requirements as the Urban Renewal Authority or the
municipal governing body may determine to be in the public interest, including but not limited to the
obligation to begin and complete within a reasonable time any improvements on such real property required
by the urban renewal plan. The Urban Renewal Authority or municipality may require an appropriate
performance bond to insure compliance with such requirements.
D. In determining the fair value of real property for uses in accordance with the urban renewal
plan, the Urban Renewal Authority or the municipality, whichever the case may be, shall take into account
and give consideration to the uses provided in such plan; the restrictions upon and the covenants, conditions
and obligations assumed by the purchaser or lessee or by a public body or public agency retaining the
property, and the objectives of such plan for the prevention of the recurrence of blighted areas. The Urban
Renewal Authority in any instrument of conveyance to a private purchaser or lessee or the municipality in
any instrument of conveyance to a redevelopment corporation may provide that such purchaser or lessee
shall be without power to sell, lease or otherwise transfer the real property without prior written consent
until such purchaser or lessee has completed the construction of any or all improvements which such
purchaser has obligated himself to construct thereon. Real property acquired for urban renewal purposes by
the municipality or the Urban Renewal Authority shall be transferred as rapidly as feasible in the public
interest consistent with the carrying out of the provisions of the urban renewal plan to a redevelopment
corporation or other private person or per sons. The urban renewal plan, or such part or parts of such plan
as the Urban Renewal Authority of the municipality may determine, may be recorded in the land records of
the county in such manner as to afford actual or constructive notice thereof.
E. An Urban Renewal Authority or a municipality may operate and maintain, Burin' the
project development stage, real property acquired in an urban renewal area pending the disposition of the
property as authorized in this article, for such uses and purposes as may be deemed desirable even though
not in conformity with the urban renewal plan.
F. The urban renewal plan may provide that the owners of record of lands within the urban
renewal project at the time of project execution, if the Urban Renewal Authority deems it feasible and finds
that such owners of record are financially and otherwise qualified, may retain their land and participate in
the renewal or redevelopment of the project area. In every such case, the Urban Renewal Authority shall
a � +
enter into an owner participation agreement with such owner or owners, which agreement shall provide that
the owner agrees to cant' out the purposes of the urban renewal plan, to devote such property to uses
specified in the urban renewal plan, and shall contain provisions deemed to be necessary or desirable to
assist in preventing the development or spread of future blight or to otherwise carry out the purposes of this
article. Such agreement shall contain such requirements as the Urban Renewal Authority may determine to
be in the public interest, including the obligation to begin and complete within a reasonable time anv
improvements, necessary remodeling modification of any existing structure or structures on the real
property required by the urban renewal plan. The Urban Renewal Authority may require an appropriate
performance bond to insure compliance with such requirements. In all other respects, the owner
participation agreement shall be consistent with and make requirements similar to the conditions to sale
developed for similar property in the same project. (Amended, effective 6- 3 -98).
SECTION 38 -115. NOTES OR BONDS
A. An Urban Renewal Authority shall have the power to issue notes or bonds, including
revenue bonds, from time to time at its discretion to finance the under taking of any urban renewal project
under this article, including, without limiting the generality thereof, the payment of principal and interest
upon any advances for surveys and plans, and shall also have power to issue refunding notes or bonds for
the payment or retirement of such notes or bonds previously issued by it. Such notes or bonds shall be
made payable, as to both principal and interest, solely from:
1. The income, proceeds, revenues, and funds of the Urban Renewal Authority derived from
or held in connection with its undertaking and carrying out urban renewal projects under this article;
2. Any private source, contribution or other financial assistance;
3. Contributions or other financial assistance from the state or federal government:
4. Any other monies derived from gifts, grants, the sale of properties or any other legally
available source;
5. The proceeds from any additional borrowings;
6. Taxes on incremental property values allocated to a special fund of the city and
appropriated by the city to the Urban Renewal Authority, under the provisions of Sections 3 through 6 of
this act; or
7. Any combination of these methods.
Provided, however, that payment of such notes or bonds, both as to principal and interest, may be
further secured by a pledge of any loan, grant or contribution from the federal government or any other
source, in aid of any urban renewal projects of the Urban Renewal Authority under this article, and by a
mortgage of any such urban renewal projects, or any part thereof, title to which is in the Urban Renewal
Authority.
B. Notes or bonds issued under this section shall not constitute an indebtedness of the State or
any municipality.
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s
C. Notes or bonds issued under the provisions of this article are declared to be issued for all
essential public and governmental purpose, and together with interest thereon and income therefrom shall
be exempted from all taxes.
D. Notes or bonds issued under this section shall be authorized by resolution of the Urban
Renewal Authority and may be issued in one or more series and shall bear such date or dates, be payable
upon demand or mature at such time or times, bear interest at such rate determined feasible by the Urban
Renewal Authority, be in such denomination or denominations, be in such form. carry such conversion or
registration privileges, have such rank or priority, be executed in such manner, be payable in such medium
of payment, at such place or places and be subject to such terms of redemption, with or without premium.
be secured in such manner, and have such other characteristics, as may be provided by such resolution or
trust indenture or mortgage issued pursuant thereto.
E. Such notes or bonds must be sold to the lowest and best bidder at public sale held after
notice published prior to such sale in a newspaper having general circulation in the area of operation and in
such other medium of publication as the Authority may determine. Provided, that such notes may be sold to
the Federal Government at private sale at not less than par, and, in the event less than all of the authorized
principal amount of such notes or bonds is sold to the Federal Government, the balance may be sold at
private sales at not less than par at an interest cost of not to exceed the interest cost of the portion of the
notes sold to the Federal Government.
F. In case any of the public officials of the Authority or any other public body whose
signature appears on any notes or bonds issued under this article shall cease to be such officials before the
delivery of the notes or bonds, the signatures shall, nevertheless, be valid and sufficient for all purposes, the
same as if such officials had remained in office until such delivery. Any provision of any law to the
contrary notwithstanding any notes or bonds issued pursuant to this article shall be fully negotiable.
G. In any suit, action or proceeding involving the validity or enforceability of any notes or
bonds, issued under this article or the security therefor, any such note reciting in substance that it has been
issued by the Urban Renewal Authority in connection with an urban renewal project, as defined in this
article, shall be conclusively deemed to have been issued for such purpose and such project shall be
conclusively deemed to have been planned, located and carried out in accordance with the provisions of this
article. (Amended, effective I I- 1 -83).
SECTION 38 -116. NOTES OR OTHER OBLIGATIONS AS LEGAL INVESTMENTS
All banks, trust companies, bankers, savings banks and institutions, building and loan associations,
savings and loan associations, investment companies and other persons carrying on a banking or investment
business; all insurance companies, insurance associations, and other persons carrying on an insurance
business; and all executors, administrators, curators, trustees, and other fiduciaries. may legally invest in
sinking funds, moneys, or other funds belonging to them or within their control in any notes or other
obligations issued by a municipality or an Urban Renewal Authority pursuant to this article and vested with
urban renewal project powers under this article; Provided, that such notes, bonds or other obligations may
be secured by an agreement between the issuer and the Federal Government in which the issuer agrees to
borrow from the Federal Government and the Federal Government agrees to lend to the issuer, prior to the
maturity of such notes, bonds or other obligations, moneys in an amount which (together with any other
moneys irrevocably committed to the payment of interest on such notes. bonds or other obligations) will
„
suffice to pay the principal of such notes, bonds or other obligations with interest to maturity thereon, which
moneys under the terms of said agreements are required to be used for the purpose of paying the principal
and interest of such notes, bonds or other obligations at their maturity. Such notes, bonds and other
obligations shall be authorized security for all public deposits. It is the purpose of this section to authorize
any persons, political subdivision and officers, public or private. to use any funds owned or controlled by
them for the purchase of any such notes, bonds or other obligations. Nothing contained in this section with
regard to legal investments shall be construed as relieving any person of any duty of exercising reasonable
care in selecting securities.
SECTION 38 -117. ORGANIZATION OR URBAN REDEVELOPMENT CORPORATIONS -
POWERS, DUTIES AND OBLIGATIONS
A. Corporations referred to in this article as urban redevelopment corporations shall be
organized in the following manner: The articles of agreement or association shall be prepared, subscribed
and acknowledged, and filed in the office of the Secretary of State pursuant to the general corporation laws
of the state and shall contain: (1) The name of the proposed corporation, which must have the words
"redevelopment corporation” as a part thereof, (2) The purposes for which it is formed, which shall be to
acquire, construct, maintain and operate a redevelopment project or redevelopment projects in accordance
with the provisions of this article; (3) The amount of the capital stock, and if any be preferred stock, the
preference thereof; (4) The number of shares of which the capital shall consist, all of which shall have a par
value; (5) The municipality in which its principal business office is to be located; (6) Its duration, which
shall not exceed ninety -nine (99) years; (7) The number of directors, which shall not be less than three (3),
nor more than thirteen (13); (8) The names and post office addresses of the directors for the first year, at
least one of whom shall be a resident of the State of Oklahoma: (9) The names and post office addresses of
the subscribers to the articles of association or agreement; (10) A provision that in the event that income
debenture certificates are issued by a corporation, the owners thereof shall have the same right to vote as
they would have if possessed of certificates of stock of the amount and par value of the income debenture
certificates held by them. The articles may provide for the retirement of income debenture certificates or
preferred stock of the corporation as and when there shall be funds available in the treasury of the
corporation from the receipt of amortization of sinking fund installments for that purpose; and (11) A
declaration that the corporation has been organized to serve a public purpose; that all real estate acquired by
it and all structures erected by it are to be acquired for the purpose of promoting the public health, safety,
and welfare, and that such corporation is organized for the purpose of clearing, replanning, reconstructing or
rehabilitating blighted areas, and the construction of such industrial, commercial, residential or public
structure as may be appropriate including provisions for recreational and other facilities incidental or
appurtenant thereto.
B. No corporation now organized under the laws of tills state shall change its name to a name
and no such corporation hereafter organized shall have a name, containing the word "redevelopment" as a
part thereof except as provided in this article. No foreign corporation now authorized to do business in this
state shall change its name to a name, and no such corporation shall hereafter be authorized to do business
in the state with a name, containing the word "redevelopment" as a part thereof.
C. An urban redevelopment corporation may operate under this article on one or more
redevelopment projects and, with respect to each such project, shall have such rights, powers, duties, and
immunities and obligations, not inconsistent with the provisions of this article, as may be granted to it by an
agreement to operate and to execute an urban renewal plan or any portion thereof. The agreement to
operate may be entered between the redevelopment corporation and any municipality or Urban Renewal
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Authorit -v. The agreement shall provide, among other things. that the corporation is to carry out the
purposes of the urban renewal plan for the project area, and to devote such property as it may acquire. to
uses specified in the urban renewal plan and shall contain provisions deemed to be necessary or desirable to
assist in preventing the development or spread of future blight or otherwise carry out the purposes of this
article. The agreement shall contain such requirements as the municipality or Urban Renewal Authority
may determine to be in the public interest, including the obligation to begin to execute the redevelopment
plan within a reasonable time. The agreement to operate may provide that the redevelopment corporation is
to prepare a renewal plan; however, execution of the plan shall not proceed until such plan is adopted by the
municipality as required in this article. The agreement may require the redevelopment corporation to
furnish a performance bond for an amount to be deter mined by the municipality or the Urban Renewal
Authority whichever the case may be.
D. The provisions of the general corporation law, as presently in effect and as hereafter from
time to time amended, shall apply to urban redevelopment corporations, except where such provisions are in
conflict with the provisions of this article.
E. In the event that any action with respect to which the holders of income debentures shall
have the right to vote is proposed to be taken, notice of any meeting at which such action is proposed to be
taken shall be given to such holders in the same manner and to the same extent as if they were stockholders
entitled to notice of and to vote at such meeting. Any articles filed pursuant to law in the office of the
Secretary of State with respect to any such action, and any affidavit required by law to be annexed to such
articles shall contain the same statements or recitals. The articles shall be subscribed and acknowledged.
and such affidavit shall be made, in the same manner as if such debenture holders were stockholders
holding shares of an additional class of stock entitled to vote on such action, or with respect to the
proceedings provided in such document.
F. An urban redevelopment corporation shall establish and maintain depreciation, obso-
lescence, and other reserves, also surplus and other accounts, including, among others, a reserve for the
payment of taxes according to recognized standard accounting practices.
G. No urban redevelopment corporation shall pay any interest on its income debentures or
dividends on its stock during any dividend year unless there shall exist at the time of such payment no
default under any amortization requirements with respect to its indebtedness, or unless all accrued interest.
taxes and other public charges shall have been duly paid or reserves set up for payment therefore, and
adequate reserves provided for depreciation, obsolescence and other proper reserves.
H. The real property, title of which is vested in an urban redevelopment corporation, shall be
subject to the payment of general ad valorem taxes imposed by the state or any political subdivision thereof.
I_ Notwithstanding any requirement of law to the contrary, or the absence of direct provision
therefor in the instrument under which a fiduciary is acting, any of the following persons, partnerships, or
corporations, and public bodies or public officers, owning or holding any real property within any blighted
area proposed to be cleared or redeveloped by an urban redevelopment corporation, may grant, sell, lease or
otherwise transfer any such real property to an urban redevelopment corporation, and receive and hold any
cash, mortgages, or other securities or obligations exchanged therefore by such urban redevelopment
corporation and may execute such instruments and do such acts as may be deemed necessary or desirable by
them or to and by the urban redevelopment corporation in connection with the execution of any urban
renewal plan: (I) Every executor, administrator, trustee, guardian or any other person holding trust funds
or acting in a fiduciary capacity, unless the instrument under which such fiduciary is acting expressly
forbids; (2) The state, its subdivisions, municipalities, all other public bodies, and all public officers; (3)
Persons, partnerships and corporations, organized under or subject to the provisions of the banking and trust
laws (including savings banks, savings and loan associations, trust companies, private bankers and private
banking corporations); (4) The State Bank Commissioner or the Commissioner of Securities as conservator,
liquidator, or rehabilitator of any such person, partnership, or corporation.
J. An urban redevelopment corporation may acquire real property or secure options in its own
name or in the name of nominees, or it may acquire real property by gift, grant, lease, purchase,
lease - purchase, or otherwise.
K. When title to real property has been vested in an urban redevelopment corporation, the
urban redevelopment corporation may agree with the previous owners of such property, or any tenants
continuing to occupy or use it, or any other persons who may occupy or use or seek to occupy or use such
property, that such former owner, tenant, or other persons may occupy or use such property upon the
payment periodically of an agreed sum of money. Such occupation or use shall not be construed as a ten-
ancy from month to month, nor require the giving of notice by the urban redevelopment corporation for the
termination of such occupation or use of the right to such occupation or use, but immediately upon the
expiration of the term for which payment has been made the urban redevelopment corporation shall be
entitled to possession of the real property and may maintain an action for either unlawful detainer or
ejectment for the purpose of recovering immediate possession thereof.
L. An urban redevelopment corporation may borrow funds and secure the repayment thereof
by mortgage which shall contain reasonable amortization provisions and shall be a lien upon no other real
property except that forming the whole or a part of a single development area. Certificates, bonds and notes,
or part interest therein, or any part of an issue thereof, which are secured by a first mortgage on the real
property in an urban renewal area, or any part thereof, shall be securities in which all the following persons,
partnerships, or corporations and public bodies or public officers may legally invest the funds within their
control: (1) Every executor, administrator, trustee, guardian, committee or other person or corporation
holding trust funds or acting in a fiduciary capacity; (2) Persons, partnerships and corporations organized
under or subject to the provisions of the banking law (including savings banks, savings and loan
associa:;--r-- and trust companies); (3) The State Bank Commissioner or the Commissioner of Securities as
conservator, liquidator, or rehabilitator of any such person, partnership or corporation; (4) Persons,
partnerships, or corporations organized under or subject to the provisions of the insurance law; (5) Fraternal
benefit societies; and (6) The State Commissioner of Insurance as conservator, liquidator, or rehabilitator of
any such person, partnership or corporation. Any mortgage on the real property in an urban renewal area, or
any part thereof, may create a first lien, or a second or other junior lien, upon such real property.
NI. Any urban redevelopment corporation may lease, sell, grant, dedicate or otherwise dispose
of any or all of the real property acquired by it for the purposes of a redevelopment project. In the event of
the sale by reason of foreclosure or other disposition of real property of any urban redevelopment
corporation by voluntary transfer or otherwise, or by reason of the foreclosure of any mortgage or other lien,
through insolvency or bankruptcy proceedings, by order of any court of competent jurisdiction, by
voluntary transfer or otherwise, the purchaser of such real property of such redevelopment corporation shall
continue to use, operate and maintain such real property in accordance with the provisions of the urban
renewal plan.
N. Any urban redevelopment corporation may accept grants or loans of money from the
Federal Government or any department or agency thereof.
ty
O. Any corporation organized under the laws of the State of Oklahoma, or admitted to do
business in the State of Oklahoma, shall have power to purchase shares of stock of an urban redevelopment
corporation organized under the provisions of this article.
SECTION 38 -118. PERSONAL INTEREST OF PUBLIC OFFICIALS OR EMPLOYEES IN
PROJECT OR PROPERTY
No public official or employee of a municipality (or Board or Commission thereof), and no
Commissioner or employee of an Urban Renewal Authority which has been vested by a municipality with
urban renewal project powers under this article, shall voluntarily acquire any personal interest, direct or
indirect, in any urban renewal project, or in any property included or planned to be included in any urban
renewal project of such municipality or in any contract or proposed contract in connection with such urban
renewal project. Where such acquisition is not voluntary, the interest acquired shall be immediately
disclosed in writing to the municipal governing body. If such official. Commissioner or employee presently
owns or controls, or owned or controlled within the preceding two (2) years, any interest, direct or indirect,
in any property which he knows is included or planned to be included in an urban renewal project, he shall
immediately disclose this fact in writing to the municipal governing body, and any such officials,
Commissioner or employee shall not participate in any action by the municipality (or Board or Commission
thereof), or Urban Renewal Authority affecting such property. The disclosure required to be made by this
section to the municipal governing body shall concurrently be made to the Urban Renewal Authority which
has been vested with urban renewal project powers by the municipality pursuant to the provisions of this
article. No Commissioner or other officer of any Urban Renewal Authority, Board or Commission
exercising the powers pursuant to this article shall hold any other public office under the municipality other
than his commissionership or office with respect to such Urban Renewal Authority.
SECTION 38 -119. LAW GOVERNING
Insofar as the provisions of this article are inconsistent with the provisions of any other law, the
provisions of this article shall be controlling. The powers.conferred by this article shall be in addition and
supplemental to the power conferred by any other law.
SECTION 38 -120. TAX INCREMENT ALLOCATION DISTRICT AUTHORIZED -
HEARING
A. At the time of adoption of an urban renewal plan pursuant to this act, or subsequent thereto,
the municipal governing body may designate the urban renewal area to be a tax increment allocation district
by either resolution or ordinance.
B. Before a municipality may designate a tax increment allocation district, the municipal
governing body shall hold a public hearing thereon, after public notice thereof by publication at least one
time not less than fifteen (15) days prior to the date of such public hearing, in a newspaper having general
circulation in the area of operation of the municipality, and by posting not less than five public notice signs,
each having at least nine (9) square feet of display area, for a period of fifteen (15) successive days
including the day of the public hearing for which notice is being given, in the area to be included in the
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proposed tax increment allocation district. Public notice may be combined with public notice of a hearing
on an urban renewal plan or an amendment thereto.
C. Following such hearing, the municipal governing body may designate an urban renewal
area to be a tax increment allocation district if it finds that the designation of such district is necessary or
desirable in achieving the objectives of one or more urban renewal or urban redevelopment projects.
(Added, effective 11 -1 -83 ).
SECTION 38 -121 AD VALOREM TAX MAY BE APPLIED
Notwithstanding any other statutory provision, it is hereby stated that the costs of undertaking and
carrying out urban renewal or urban redevelopment projects and the repayment of interest and principal on
bonds issued under this act are valid and lawful objects to which any revenue derived from ad valorem taxes
levied under subsection (a) of Section 9 of Article X of the Oklahoma Constitution and not apportioned for
the use of school districts under subsection (a) of Section 9 of Article X of the Oklahoma Constitution or
Section 2495 of Title 68 of the Oklahoma Statutes, may be applied. (Added, effective 11- 1 -83).
SECTION 38 -122. NOTICE TO COUNTY OFFICERS - ASSESSMENT OF DISTRICT
A. After the designation by the municipal governing body of a tax increment allocation
district, the city clerk shall transmit a copy of the description of the district, a copy of the resolution or
ordinance designating the district and a map or plat indicating the boundaries of the district to the clerk,
assessor and treasurer of the county in which the tax increment allocation district is located. These
documents shall be transmitted as promptly as practicable following; the designation of the district, but in
any event on or before January I of the next year following the designation of the district.
B. As soon as possible after the documents referred to in subsection A of this section have
been received by the county assessor's office, the county assessor shall assess the value of all real property
located in the tax increment allocation district. This assessed valuation, hereinafter referred to as the "base
year net assessed valuation ", shall be certified to the county clerk and the city clerk on or before July 1 of
the next year following the designation of any tax increment allocation district. (Added, effective 11- 1 -83).
SECTION 38 -123. APPORTIONMENT OF MILLAGE - METHOD OF COMPUTATION
For every year in which tax increment allocations are used by a city or an Urban Renewal
Authority, the county excise board shall apportion to the city in which such tax increment allocation district
is located, a part of the millage authorized by subsection (a) of Section 9 of Article X of the Oklahoma
Constitution. The procedure for apportioning such millage shall be as follows:
I. Upon notice of such use by the city, the county assessor shall reassess the amount of
increase from the base year net assessed valuation of real property within a tax increment allocation district
and shall certify such amount to the county clerk and the county excise board before July 1 of each year.
Such amount, to the extent not already included, shall be added to the net assessed valuation of the tax
increment allocation district and the total shall be referred to as the current year net assessed valuation,
I I, 1
2. The county excise board shall then determine the amount to be apportioned. Tile procedure
for determining such amount shall be as follows:
a. compute the revenue derived from the tax increment allocation district's base year net
assessed valuation by multiplying the total millage levied during the prior year against the
base year net assessed valuation of the tax increment allocation district,
b. compute the revenue derived from the tax increment allocation district's current year net
assessed valuation by multiplying the total millage levied during the prior year against the
current year net assessed valuation of the tax increment allocation district,
C. compute the incremental tax revenue of the tax increment allocation district subtracting the
revenue derived from the base vear net assessed valuation from the revenue derived from
the current year net assessed valuation, and
d. divide the incremental tax revenue by the current year net assessed valuation of the city in
which the tax increment allocation district is located.
The result represents the amount of millage to be apportioned by the county excise board to the city in
which the tax increment allocation district is located;
3. The county excise board shall then apportion such amount to the city, for use for urban
renewal and urban redevelopment purposes, in accordance with Section 2495 of Title 68 of the Oklahoma
Statutes, provided that in no event shall the apportionment authorized by this section exceed one -half (1/2)
mill; and
4. Such allocations with respect to a tax increment allocation district shall terminate upon the
expiration of thirty (30) years or such earlier date as may be determined by the municipality. (Added,
effective 11 -1 -83 ).