HomeMy WebLinkAbout2008.11.11_City Council Agenda_SpecialPUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
TYPE OF MEETING:
DATE:
TIME:
PLACE:
Special
November 11, 2008
6:00 p.m.
Old Central
109 N. Birch
Owasso, Oklahoma
Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board
at 5:00 PM on Friday, November 7, 2008.
Juliann M. Stevens, Dep ty City Clerk
1
2.
3.
AGENDA
Call to Order
Mayor Stephen Cataudella
Consideration and appropriate action relating to a request for an executive session for the
purpose of discussing personnel matters relating to the office of the City Manager, such
executive session provided for in O.S. 25, Section 307(B)(1).
Mayor Cataudella
Introduction of and brief discussion with potential Sales Tax Watchdog Committee
appointees.
Mr. Ray
Attachment # 3
4. Presentation provided by the Assistant City Manager for Administrative Services for the
purpose of reviewing various City policies, procedures, and funds.
Ms. Bishop .
Owasso City Council
November 11, 2008
Page 2
5. Discussion relating to Community Development Department Items
Mr. Rooney
Attachment # 5
A. Request for Final Plat (2)
6. Discussion relating to Public Works Department Items
Mr. Rooney
Attachment # 6
A. Review of bids received for Stormwater Review Engineering Services
7. Discussion relating to City Manager Items
Mr. Ray
Attachment # 7
A. Proposed City newsletter
B. Rural Water Districts utility billing and collection
C. Proposed E. 76th Street North Payback Agreement
D. Acquisition of Real Property and Donation to Tulsa Tech
E. City Manager's Report
8. Legislative Report
Ms. Lombardi
9. Report from City Councilors
10. Adjournment
MEMORANDUM
TO: HONORABLE MAYOR
AND CITY COUNCIL
FROM: JULIANN STEVENS
ADMINISTRATIVE ASSISTANT
SUBJECT: SALES TAX WATCHDOG COMMITTEE APPOINTMENT
DATE: November 7, 2008
BACKGROUND:
Pursuant to authority contained in Article 2, Section 2 -4, subsection (e) of the Charter of the City
of Owasso, the City Council has established rules and procedures that provide, generally, for the
Mayor to appoint members to various boards, commissions, trusts, and committees; such
appointments subject to confirmation by the City Council. In order to continue citizen
participation on the Sales Tax Watchdog Committee, discussion regarding an appointment to fill
a current vacancy is needed. The Watchdog vacancy was created as a result of one of its
members being appointed to the Owasso Planning Commission.
The Sales Tax Watchdog Committee was originally formed as part of the 1988 Sales Tax
Extension for the purpose of monitoring the use of the designated third penny of local sales tax.
Ordinance No. 763 and 766, approved by the Council in 2004, assured the continuation of the
Watchdog Committee and the oversight responsibility given to its members The committee is
charged to report to the public that funds from the "third penny" are spent in a manner consistent
with the Capital Improvement Project priorities.
Members must be a resident within the Owasso fenceline and/or the Owasso School District and
are appointed indefinitely or until resignation or events cause termination as defined by the
committee policy. Members to this committee may not serve in any other elective or appointed
position within the City of Owasso.
TALENT BANK:
Staff has identified two talent bank applicants that are interested in serving on the Sales Tax
Watchdog Committee. Both applicants have received information regarding the Watchdog
purpose, duties, and responsibilities and will be present during the November Council
worksession for a brief introduction and individual discussion regarding their interest in serving
on this committee.
ATTACHMENTS:
1. Brief Outline of the Sales Tax Watchdog Committee
2. Council Policy Statement related to Committee Membership
3. Ordinance No. 763
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIANN M. STEVENS
ADMINISTRATIVE ASSISTANT
SUBJECT: SALES TAX WATCHDOG COMMITTEE PURPOSE, DUTIES, AND
RESPONSBILITIES
DATE: November 7, 2008
BACKGROUND:
The Sales Tax Watchdog Committee was initially formed as part of the 1988 sales tax extension
bond election. The purpose for its formation was to provide a body of representatives from
various interest groups within the Owasso community to monitor the use of the designated "third
penny" of local sales tax. In the spring of 1991, a minimum criteria was established for
appointments to the Committee. This was necessary to insure the integrity and makeup of the
Committee as established by a vote of the people. A policy providing criteria and a guideline for
selection would eliminate as best as possible any arbitrary selection and further the
representative make -up of the committee. On April 20, 2004, the Council approved a policy
relating to appointments of Committee members from certain predetermined vocations.
On October 14, 2004, the voters of Owasso approved a ballot measure that, in effect made the
"third penny" sales tax an on -going tax (absent future action to remove the tax on the part of the
Council or the voters themselves). The Sales Tax Watchdog Committee was essentially re-
established at that time as a part of the proposition approved by the voters.
DUTIES AND RESPONSIBILITIES OF THE COMMITTEE:
The Owasso Sales Tax Watchdog Committee is charged with monitoring the expenditure of the
proceeds from the "third penny" sales tax approved by the citizens in 1988, 1997, and 2003.
Additionally, the committee is responsible for "reporting" to the public (in any manner deemed
appropriate) the use of those funds and any other information the committee believes the public
should know.
Traditionally, the committee has monitored the expenditure of funds by reviewing staff reports
relating to the various projects, reviewing the expenditure of funds for the projects and on
occasion visiting those projects to ensure their progress is accurately reported. Subsequent to
those reviews, the committee has also issued a "report" to the public on a semi - annual basis.
That report is sent to the Owasso Reporter and is published for citizen review and information.
Based on language of the ordinance and the language contained in the propositions which the
voters approved, the committee is simply charged "with oversight given by the Citizens'
Watchdog Committee established by the City Council" (Ordinance 763, Section 5- attached).
The extent of such oversight and the manner in which it is provided is left to the committee to
determine. There are certain city staff members who can act as resources for the committee by
providing information and responding to questions the committee may have. Those staff
members include Sherry Bishop, Administrative Services Director, Tim Rooney, Assistant City
Manager, Julie Lombardi, City Attorney; and I am always available to meet and discuss any
issues.
In an effort to ensure clarity of purpose, it is often just as important to define those activities a
group is not charged to perform as it is to list the duties to be performed. In this case, it may be
helpful to do just that. The Watchdog Committee is not formed to give direction relative to what
projects or project priorities should be established or funded. There is not authority for the
committee to reject a project or any other kind of action relating to a project approval. The
committee is not authorized or empowered to inspect ongoing construction or to stop, change, or
modify the scope of work on a project. Generally, the committee is not given the authority or
intended to act in the areas of project selection, quality control, or project administration.
LIABILITY EXPOSURE:
Most people who volunteer their time to a public purpose eventually inquire as to the extent of
their personal liability exposure as a result of that service. Generally, there is very little actual
liability exposure to a citizen due to their service. As a rule, the liability exposure of a person is
limited to occasions that involve a deliberate conspiracy to violate the law pertaining to the
conduct of municipal business as well as acting in a manner that one knows is outside of one's
authority. Since this committee has no authority to expend public funds or approve expenditures,
such exposure is further limited. While it cannot be stated that there is no exposure, it is a fact
that no citizen has ever been involved in a lawsuit as a result of their service to the City of
Owasso on a board or commission.
OPEN MEETING ACT:
The City and its committees are charged with the responsibility of compliance with the
Oklahoma Open Meeting Act. Generally, the Act requires that all meetings of any body have an
agenda, that the agenda be "posted ", and that no item or issue be discussed during the meeting
unless it is listed on the agenda. Additionally, the Act prohibits a "majority" of a body to gather
and discuss any of the committee's business outside of a meeting wherein an agenda of the
meeting has been "posted."
SUMMARY:
It is the duty of the Owasso Sales Tax Watchdog Committee to provide a forum for oversight
and a vehicle for reporting on the use of funds provided by the "third penny" sales tax. The
committee is charged to report to the public that funds from the "third penny" are spent in a
manner consistent with that which the voters approved. Terms of the committee members are
indefinite and members can only be replaced according to policy adopted by the City Council.
Capital Improvement Projects are proposed by the Capital Improvements Committee, approved
and adopted by the City Council, and reviewed by the Watchdog Committee.
POLICY STATEMENT
OWASSO CITY COUNCII,
CITY-OF OWASSO, OKLAHOMA
April 7, 2004
The Sales Tax Watchdog Committee was initially formed as a part of the 1988 Sales Tax
Extension for the purpose of providing a body of representatives from various interest
groups within the Owasso community to monitor the use of the designated third penny of
local sales tax. Individuals from the representative group as well as from at large are
appointed to this committee by the Mayor and confirmed by the City Council. Such
persons are charged with meeting on a regular basis to review the status of capital
improvement projects funded by the third penny sales tax. The passage of Ordinance
Number 763 and 766 by the City Council as well as the subsequent approval of such
ordinances by the qualified electors of the City of Owasso assured a continuation of the
Sales Tax Watchdog Committee and the oversight given by such committee.
In order to ensure the integrity of the composition of the Sales Tax Watchdog Committee,
the City Council of the City of Owasso adopts the following criteria as guidelines for the
future appointments to the Owasso Sales Tax Watchdog Committee.
Each appointee must be a resident within the area defined as the Owasso fenceline
and/or school district (herein referred to as the "service area") and must not be
presently serving in any elective or other Council appointive position with the City
of Owasso;
2. NEWS MEDIA APPOINTMENTS -An individual who conducts media - related
activities within the service area as their primary career or business;
3. RETAIL BUSINESS APPOINTMENTS- An individual who operates a retail outlet,
that being a business conducting direct sales to the public within the service
area;
4. SERVICE BUSINESS APPOINTMENTS -An individual who operates a service
business, that being a business providing direct services to the public within the
dut
service area;
EDUCATION APPOINTMENTS -An individual employed by and actively engaged
in an Owasso school, either as an administrator or a teacher, and who resides in the
service area;
6. RECREATION APPOINTMENTS -An individual who is an active member of an
organized group promoting the development of amateur sports and recreation in
the service area;
7. BUILDING INDUSTRY APPOINTMENTS -An individual who is engaged in
real estate improvement consisting of construction and/or development and having
his /her primary business within the service area;
8. SENIOR CITIZEN APPOINTMENTS -An individual who has attained the age of
60 years or more and who reside within the service area;
9. FINANCIAL APPOINTMENTS -An individual who is an officer or employee of
a financial institution engaging.in banking, the brokerage of stocks or bonds, or
other major financial activity within the defined service area; and,
10. MEMBERS AT LARGE APPOINTMENTS -An individual who is a resident within
the Service area.
The Sales Tax Watchdog Committee shall consist of fourteen (14) members selected
from the following,
News Media---- - - - - -- -One Position
Retail Business-- - - - - -- -Two Positions
Service Business - - - -- -Two Positions
Education-------- ---- -- -One Position
Recreation---- - - ---- -One Position
Building Industry- ---- -One Position
Senior Citizen - - - - -- -One Positions
Financial------ - - - - -- -One Position
Members at Large - - ---- -Four Positions.
A vacancy in any appointed position is hereby declared to exist upon the occurrence of
any of the following events, to -wit:
1. Any appointee absent from one -half (1/2) of all regular or special meetings in
any twenty -four (24) consecutive month period;
2. Any appointee who moves his /her residence out of the service area; or,
3. Any appointee who is no longer employed or engaged in the category from which
he /she was appointed.
The City Council shall be the sole judge of the qualifications of the appointees. Once a
vacancy has been determined to exist by the City Council, the City Council shall appoint
an individual possessing the requisite qualifications to serve from the respective category
on the Sales Tax Watchdog Committee.
The Sales Tax Watchdog Committee shall meet not less than two (2) times per fiscal
year. Such two regular meetings are hereby set for the fourth Monday of January and the
fourth Monday of July, and thereafter the fourth Mondays in January and July of each
succeeding year thereafter.
ORDINANCE NO. 763
CITY OF OWASSO
AN ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA RELATING TO
REPLACING AND SUPERSEDING ORDINANCE NO. 326, AS AMENDED;
REMOVING STATED TERMINATION DATE OF EXCISE TAX LEVIED BY
ORDINANCE NO. 326, AS AMENDED; PROVIDING FOR THE PURPOSE OF
THE PROCEEDS OF SAID ONE PERCENT (1 %) EXCISE TAX; PROVIDING
FOR THE EFFECTIVE DATE OF SAID ONE PERCENT (1 %) EXCISE TAX;
PROVIDING FOR SUBSISTING STATE PERMITS; PROVIDING FOR
PAYMENT OF TAX; PROVIDING THAT -THE ONE PERCENT 0%) TAX
REPLACES THE ONE PERCENT (1 %) TAX CURRENTLY LEVIED;
PROVIDING FOR AMENDMENTS TO THIS ORDINANCE; PROVIDING
THAT THE PROVISIONS OF THIS ORDINANCE ARE CUMULATIVE AND
IN ADDITION TO ANY AND ALL TAXING PROVISIONS OF OTHER CITY
ORDINANCES; PROVIDING FOR NO REPEAL OF TAX; PROVIDING FOR
SEVERABILI TY OF PROVISIONS; AND CONTAINING OTHER PROVISIONS
RELATED THERETO.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA AS
FOLLOWS:
Section 1. Citations and Codification. This Ordinance shall be known and may be cited as
the City of Owasso Sales Tax Ordinance of 2003, and the same shall be codified and incorporated
into the Code of Ordinances, City of Owasso, Oklahoma.
Section 2. Replace and Supersede Ordinance No. 326 as Amended. This Ordinance No.
763, subject to approval by a majority of the qualified electors of the City as set forth in Section 6
hereof, shall replace and supersede in all respects Ordinance No. 326 of the City dated April 19,
1983, as amended by Ordinance No. 326, Amended, dated May 5, 1983, as further amended by
Ordinance No. 395 of the City dated August 18, 1988, and as further amended by Ordinance No.
553 of the City dated August 11, 1997 (collectively, the "Prior Sales Tax Ordinance ").
Section 3. Tax Imposed. There is hereby imposed an excise tax of one percent (1 %) to be
levied upon the gross proceeds or gross receipts derived from all sales taxable under the Oklahoma
Sales Tax Code. The excise tax imposed pursuant to this Ordinance No. 763 represents a
continuation of the excise tax levied pursuant to the Prior Sales Tax Ordinance and does not
represent an increase in the percentage of excise tax over what is currently levied by the City.
Section 4. Removal Termination Date of Tax. The Prior Sales Tax Ordinance has a stated
termination date of October 31, 2007. The excise tax levied by this Ordinance No. 763 has no
stated termination date.
Section 5. Purpose of Revenues. It is hereby declared to be the purpose of this Ordinance
to provide revenues to finance or.f ind capital projects and related costs, to include debt service on
obligations issued to finance said capital projects; said projects to be reviewed by the Capital
Improvements Committee, approved by the City Council by resolution, with oversight given by the
Citizens' Watchdog Committee established by the City Council, and subject to competitive bidding
as required by law. Any amounts in the api uture un accumulated prior to the effective date
of this Ordinance shall be immediately released for the purposes set forth above.
Section 6. Effective Date. The provisions of this Ordinance shall become effective on and
after October 14, 2003, subject to approval by a majority of the qualified electors of the City voting
on the same in the manner prescribed by law.
Section 7. Subsisting State Permits. All valid and subsisting permits to do business issued
by the Oklahoma Tax Commission pursuant to the Oklahoma Sales Tax Code are, for the purposes
of this Ordinance, hereby ratified, confirmed and adopted in lieu of any requirement for an
additional city permit for the same purpose.
Section 8. Payment of Tax. The tax herein levied shall be paid to the Tax Collector at the
time and in the manner and form prescribed for payment of the state sales tax under the State Tax
Law of the State of Oklahoma.
Section 9. This Tax Replaces Tax Currently Levied: Administrative Procedures. The tax
levied hereby replaces and supersedes the tax levied pursuant to the Prior Sales Tax Ordinance, but
is in addition to any and all other excise taxes levied or assessed by the City; provided, however,
that those provisions of existing City sales tax ordinances relating to. Definitions; Tax Collector
Defined; Classification of Taxpayers; Subsisting State Permits; Exemptions; Other Exempt
Transfers; Tax Due When — Retums -- Records; Tax Constitutes Debt; Vendor's Duty to Collect Tax;
Returns and Remittances - Discounts; Interest and Penalties -- Delinquency; Waiver of Interest and
Penalties; Erroneous Payments - -Claim for Refund; Fraudulent Returns; and Records Confidential
shall apply to the excise tax levied and assessed by this Ordinance. For purposes of this Ordinance,
references in existing City sales tax ordinances to specific provisions of the Oklahoma Statutes
shall be deemed to be references to said statutory provisions, as amended.
Section 10. Amendments. The people of the City of Owasso, Oklahoma, by their approval
of this Ordinance at the election hereinabove provided for, hereby authorize the City by Ordinance
duly enacted to make such administrative and technical changes or additions in the method and
manner of administration and enforcing this Ordinance as may be necessary or proper for efficiency
and fairness or in order to make the same consistent with the Oklahoma Sales Tax Code, as
amended, except that the rate of the tax herein provided for shall not be changed without approval
of the qualified electors of the City as provided by law.
Section 11. Provisions Cumulative. The provisions hereof shall be cumulative and in
addition to any and all other taxing provisions of City Ordinances.
Section 12. No Repeal of Tax. This Ordinance and the excise tax levied pursuant hereto
shall not be repealed by the City Council of the City or by referendum of the registered qualified
voters of the City in the event the proceeds of the referenced excise tax are being used or have been
pledged by the City or any public trust having the City as beneficiary for the purpose of paying debt
service on obligations issued by the City or any public trust having the City as beneficiary.
Section 13. Severability. The provisions of this Ordinance are severable, and if any part or
provision hereof shall be adjudged invalid by any court of competent jurisdiction, such adjudication
shall not affect or impair any of the remaining parts or provisions hereof.
PASSED AND APPROVED this 5`s day of August, 2003.
(SEAL)
ATTEST
Marsha Hensley, Depu�City le rk
APPROVED AS TO FORM:
n P. Gray, City o
CITY OF OWASSO, OKLAHOMA
By: ,
Cochran, Mayor
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
BACKGROUND:
HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
CITY OF OWASSO
LARISSA DARNABY
CITY PLANNER
REQUEST FOR ACCEPTANCE OF THE MCDONALD'S ADDITION
FINAL PLAT
NOVEMBER 3, 2008
The City of Owasso has received a request from Morrow Investment Capital, LLC
applicant /owner, for the review and acceptance of the McDonald's Addition Final Plat. The Final
Plat proposes one (1) lot in one (1) block on 1.14 acres of property. The applicant wishes to plat
the property so that they may develop a McDonalds Restaurant.
LOCATION:
The subject property is located on the north side of East 116`h Street North and the west side of North
135`h East Avenue.
EXISTING LAND USE:
Undeveloped
SURROUNDING ZONING:
North: Agriculture
East: Commercial Shopping
West: Agriculture
South: Commercial Shopping
PRESENT ZONING:
The subject tract is zoned CS (Commercial Shopping)
DEVELOPMENT PROCESS:
The first step in the development of a piece of property in Owasso is annexation. Annexation is
the method whereby land located outside the city limits is made a part of the city. Property owners
and land developers sometimes choose to have their property annexed into Owasso in order to
receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer.
Thelsecond step in the development of a piece of property in Owasso is rezoning. When a property
is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to
develop the property, the land must be zoned for particular kinds of uses, such as residential,
office, commercial, or industrial. Rezoning decisions are made in accordance with the growth
policy displayed in the Owasso Master Plan.
I
One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD.
When a development proposes to exhibit a mixture of uses with specific regulations and standards
unique to a particular tract of land, a PUD is often the preferred land use control mechanism.
The,, third step in the development of a piece of property in Owasso is platting. A preliminary plat
is required for any development that proposes to divide land into two or more lots. Preliminary
plats illustrate the development concept for the property, and are often modified significantly after
being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning
Commission. Sometimes, difficult development issues such as existing utility lines, wells, or
easements are brought to light at the preliminary plat stage and must be remedied prior to
development.
After the preliminary plat has been reviewed by the City and various utility companies,
construction plans for the development's infrastructure are typically submitted. These plans
include specifications and drawings for stormwater drainage, streets and grading and erosion
control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of
other agencies, such as the Department of Environmental Quality for wastewater collection and the
US Army Corps of Engineers for properties that may be development sensitive.
Once the property development proposal shows a division of lots that is acceptable to both the
developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the
layout and dimension of lots included on the final plat, right -of -way widths, easements, and other
physical characteristics that must be provided for review by the City. After obtaining approval
from the TAC and Planning Commission, the final plat is considered by the City Council. If
approved, the final plat is filed with the office of the County Clerk and governs all future
development on that property.
The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are
reviewed by the TAC and approved by city staff. Issues such as building setbacks, parking, access,
landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the
development is clear to apply for a building permit and to submit construction plans for the
building's foundation, plumbing, electrical system, and HVAC.
ANALYSIS:
The applicant is requesting the review and approval of the McDonald's Addition final plat so they
may plat and eventually develop the property with a McDonald's restaurant facility. The property
is zoned CS (Commercial Shopping). The designation outlines the development standards for the
property in a commercial manner. The proposed layout for the restaurant is associated with the plat
and is allowed by right according to the zoning designation.
According to the final plat, the developer would like to create one 1.14 acre lot, recognized as Lot
1, Block 1, McDonald's Addition, which would be the proposed site of the McDonalds Restaurant.
The main access points into the McDonald's Addition will be from North 135`h East Avenue. The
applicant has shown a total of 60' to be designated on the final plat for ingress and egress. The 60'
that is designated for ingress and egress would consist of two points of access, which includes the
30' entrance /exit, as proposed, on the south side of the property and an entrance /exit on the north
side of the property being 30' in width as well.
Any development that occurs on the subject property must adhere to all subdivision, zoning and
engineering requirements including but not limited to paved streets and sidewalks. Commercial
sewer service will be provided by the City of Owasso. Water service will be provided by
Washington County Rural Water District No. 3. The property will be subject to all payback fees
including Storm Siren fees of $16 per acre.
PLANNING COMMISSION HEARING:
The Owasso Planning Commission will consider the request at a public hearing on November 10,
2008.
RECOMMENDATION:
Staff intends to recommend approval of the McDonald's Addition final plat.
ATTACHEMENTS:
1. General Area Map
2. McDonalds Final Plat
McDonalds at 116th Street and 135 E Ave
Legend
CR
H.
CITY OF OWASSO
111 N. Main Street
01 P.O. Box 180
Owasso, OK 74055
THIS MAP IS FOR INFORMATION PURPOSE ONLY AND IS NOT IN"T"ENDED TO
REPRESENT AN ACCURATE AND TRUE SCALE. USE OF THIS MAP IS WI'T'HOUT
WARRANTY OR REPRESENTATION BY CITY OF OWASSO OF ITS ACCURACY.
918.376.1500
PLAT NO.
FINAL PLAT
TFIUTE
IF APPROVAL
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Subdivision Plat
McDONALD'S ADDITION
Apart of the SW /4 of Section 4, T -21 -N, R -14 -E, of the I.B. & M,
City of Owasso, Tulsa County, State of Oklahoma.
Addition has 1 Lot in 1 Block and contains 1.14 acres, more or less.
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OWNER
Morrow Investment Capitol, L.L.C.
12150 Eel 96tH Su- Nortn
Sui10 202
Ome.d, OR 74055
(91B) 272 -5378
SURVEYOR
Benchmark
Surveying & Land Services, Inc.
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P.O. 8 1078
0..... DManama 74055
(918))74 -9081
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ENGINEER
Khoury Engineering, Inc.
1435 Eael 41. Street
T011., OManomo 74105
(918) 712 -11768
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N
z East 116th Street North
_- - -_ -__
_-----_-_-_-------------- 16.5' Stphtpry
- - -- _ Rignl -b/ -Way _
- SeaM Uw of
SW CORNER 9E /4 S'.eL2.e 4
SR /4 OF SECTION 4
T -21 -N, R -14 -E
t!
111.03 40.00' x
Limits If No Access Access Y
� yn
SE CORNER SE /4
SR /4 OF SECTION 4
T_21 -N, R-- 14 -E
3 81.44734 W 1318.84' -
McDONALD'S ADDITION
Subdivision Plat
October 3. 2008
SHEET I OF
R. 14
E.
EAST 12117!1 STREET
NORTII
=
-x
4
i
2
EAST) 16TH STREET NORTI
LOCAT]ON MAP
OWNER
Morrow Investment Capitol, L.L.C.
12150 Eel 96tH Su- Nortn
Sui10 202
Ome.d, OR 74055
(91B) 272 -5378
SURVEYOR
Benchmark
Surveying & Land Services, Inc.
p.
P.O. 8 1078
0..... DManama 74055
(918))74 -9081
G�4gm rum ]o, aoto u]5
ENGINEER
Khoury Engineering, Inc.
1435 Eael 41. Street
T011., OManomo 74105
(918) 712 -11768
GMrEaWr.. Jw ]' D� 3'000 7751
- _ - - - 10 WL /E . 1275 ; 1
ti . 4619, PG to
38B .B' 761.115' 90.00
N BB•44'34• E 1-o' o/ Np Access Accas
F I
m
o.
N
z East 116th Street North
_- - -_ -__
_-----_-_-_-------------- 16.5' Stphtpry
- - -- _ Rignl -b/ -Way _
- SeaM Uw of
SW CORNER 9E /4 S'.eL2.e 4
SR /4 OF SECTION 4
T -21 -N, R -14 -E
t!
111.03 40.00' x
Limits If No Access Access Y
� yn
SE CORNER SE /4
SR /4 OF SECTION 4
T_21 -N, R-- 14 -E
3 81.44734 W 1318.84' -
McDONALD'S ADDITION
Subdivision Plat
October 3. 2008
SHEET I OF
Dew of O.dicatien a d DsK -. o RnR-11'.. CIN. -I.
KNOW ALL MEN BY THES 1. 1
E PRESENTS;
and CIPR.I, L.L.C. (the 'Owns) Mbg tea r of tM NS
I'l fP
6b1ar Ofd OHOMp D111 (the 'Property) fduied �n th. City of Oro v— , TY.D County,
of bld Iw M Sownepi Goner (SE /s) DI th. SdUIM i Oil, -
($N /1) of Sdi;on four (1) of TbWnanip Twenty-One (21) No K a d 111— FouW
(11) Eaa I. n Boa. ! eridon 0.B.MM.), a c re;rrq U, IM U.S, o cemmem
Surrey, the.... coy ,of Drool, Twaal County, SUM. of oOklonoma, being ll
par iculo.y rdezciMd Is blows:
Commencing e1 lM SE 1.- of this SE /1 0 1 tie SW /1 II Sw.1, T -21 -N, R -11 -E,
I.B.kM.; Thence S BB41'N' W o diatmce of 1318.91 feet to the SW .w of sob
SE /1 SW /1; Thence N 1'26'09' W obng the weal One i - SE /1 SW /1 e. Eifla.e
al 00.00 Ieet to One nertnerIy nMgi epy ngnt- of -.oy b_,n ; TN.- N 88'M'N' E
long ai right- pl -.-, until of •' a .1., o d�slance of 68.86 /eH: TMnce N
71'12'24 bid . o.d.t. of 11.28 Int tote Point el B"al -9; Thence N 1'15'28 w,
wing sip" eight- rat -wpy, a distance not 298.12 1.1; TMnc. N B6'H 31' E o
e Ie IS ]15 I ., TMnc..,.N d non- angent c to the .11 MMillq o roCw
If I60D.Go feet cenlrll blot. o1 9'3856', o .nova Mwin9 o1 S OB'33'10• Is e
nwd Distance of 2.4.16 feel. lo, a dialonce 205.71 feet: III— S 1.15'18' E o
d' el 8].82 1- to .i right- el -xoy: Thence S 85'52'50' W obng .aid
ri90 -1 -waY o diatenc. off 131.99 feet: TMnce continuing obng slid right -of -wpy S
11'.2'21' w o drzte.e of 25.80 feel to Ile Point N Beginning.
o M a lewd. stoked, a obll.d ii onformily r
xnyiry plpLopn Ih designated the wen lea 'shiodl bra Ad ,ion , a Ah
auMrvw�In .n IM Cily ell Ormx. Twap County. S.- If Okfahomo. e
SECTION I. EASEMENTS AND UDLFfIES
A U11LFTF EASEMENTS
Ewwt a lee on rued M... the Orner epee Mrehy I.icote Iw Inv City u
iffy a aemanl e-ity esAilli -s .1 dap icted m Ile I-Ompp.Yil, plot as
L /E'uIO .."'tad o Imporying plot 1 0l purposes It
ling, min'ein;nge, lN`e . ..,ryreDairin', remov nq, o replocing pudic utilRln,
.c1rW�.ICIr fnn pnd Irmallrmers. nalU'd, ypfpnon and cw sties flea, Ah
meet I w
f.lh I a a Diea..rrn. cmOwlf, pipes, 1'". me nd ep nl for v
ontl dppurlenoncea III: ighi vile M1 I., I(at o ..1d p d ... b
xili yens- of -woYag to nand ld o oc
Nob ding, al utlure1e Drnany other above g ountl o� below Ill. Ostrumion
puryesea o II I. pieced, erected, in
pis m�llw min.n a upo y reel, eocemenl, or .igm -Il -wpy shorn on did pat,
HOWEVER, ..thing M. n atoll sill -t th co -hill of diwef, parking ores curbing,
ell ontl pHmraig a light lain, Iondscapi- x ttni �lenctt, rate N,, wpM
ontl olls, surloce imw men a of Io .t cans itutel an o truclion to ony easement.
FUFFNCI PRONDED, INI Ile O.Mr Tome. tM rishl to nip. light Din . t
moll Dr -i0. 1.1 IM `me O ..lee da P1.1 nldnlgce in. thn itot6cy 6n..
ml n ony use v acme fig ^ In .l. r t n to
lee M 0.ner an II barnzpenaible Igor fI HeH t . ight p o it. qbr
blot on�tWn OwnerD n a nigh o, light P.. 11- the a 1. the C.ner
INN no die o eaiatinq wince lines wit ul Ile utility va an.wnce wrIlen
ell My Coals o....id 0 w tM diatur..e o m ell of esialinq -it.
Ines taus. Iy 0.'. Ocilla shall be borne a y by Ins 0.ner.
B. UNDERGROUND UTILITIES
aemepe a Ip
PM, p 1 l Iwia n mpy
lotto arimet enI. c ol nIna on a n. Street wigme nice. be
ss p0lea o
ten- b bN w en d 11 undergelound c and e
oougheul 1 iris I Pty lines Ud;ng Heplo. ,I_ .rte mm.
I'd ga froA a Obss o Q1. underground in Ile a ways debated eP,
gene,Dl u1Fly Gen <a onp in ! riphta -Il -way of t e Public atrnla a depicted bit
IM1e p yrng'Pbl. S-bi, pedeipla end Vonalermen, a mea of apply of
s.con y ilppes, mpy aloe Is lIll- in the eeasment w ys
2. u Ierdgrw ,ne sern ontl gas a Hen .... W may be
gastpl orlrlranNarmerb1. a Pe lee verged de by UW I... 1enr I.
ucGw o moyl Pe to ne the III. -dill NMI upon
Ile eiatelbt. of co -ruts rc ble o qaa a 'hill. Ooricubr atrviuro. tM
sLiDDlrer o stroll lh..1", be d.I4710 n-e o definitive, permpnml.
1 fern2 riym -el -Toy Box n the lot, c ring 15 1-
ete.ing T.5 . aide o It" a cob. or line evt.ndinq Ir
gas enI ,serve 0.alal " I'd-- to IM a ism.- - the atructura.ne
n
3. Th. a ,Ml, o Ic leleph.l.. c nication�InO yos fervic r'ugoh pv
o9en. 0 emggeea, s pmmuumn lh right ieaccea II
,.Pd, ant -ways ae w IM o omPOnyirrp plat oVeoterwiae pr- idelnlor in Ihia
de. of dedicotionylar IN ptid If iNd.11mg. Iinlpinineq, mirirlq, or reDl.inq
eeprouna e m rnion o, qa Ipcibllea
mill. or mD'inloirrol D the aupps., felts ,Uetycsernw.
1, UN.sf p easy approved Io M eb -e ground, all utn.iev 00 be un .......
nd.
5. Tne own of ill, Ie eaponai0. to a pwleclion al to dergrounit
V.- f -iltm. bcvl.no rKK ontl a.n r0 ell ogre w
m-Ush .;vby w bind inlederc wilh ebdnq taepno....oae te.vlmen
I, gpa Iec;sI;a Elcnna reaDO 6111. Is, ordinary
d......d .1 hill
erv'r er or vomoq. o
ncIt fl h 1. r r ..... necevado copy eta II One o via 0genis
S. Thd IweOeWq c lent Gel ^ton in Pdr 1.pn B a it p p
died 1 IM eeclric. tole cello letli.- err 9a easnlce - IN, Omer N
the It q . N, be I,- ho Aey.
C. SANITARY SEWER, AND STORM SEWER
e1 1. b o1 oomoge 1 e pubic -4. y ever mom., ontl alarm
awe, moon ed upon 1M 1.
2. TM City If ownao, Mbhp I appMibl. I., D
Lary a Ill
s PROWDED, the omer
enNK II III, I., tM Cepoirn rcbcolian o h localin c see o,
M -Id.4- Y nv acts of IN. owne, or Ns odMil, rpr GDnlr.ten.
]. Tne Cil, II Owosso. Dkbnomo, d nil at all imn eve e,,K If
plying qol o
th
l Is,
of rded.piond far line opur pal in Ilinq, m nh,. v ng or
replocbgethy P-1- If IM ..; vrY nwsr moms, or d orm serer mans.
•. 0.,ao. OA ne II, I in poro9ne nw0el of 1M All .-IN, Noy ba ebor,ne of
he y anon 1-in m lull focee3eoKd ellecl. e n
D. WATER SERVKES:
Tne owner roc be reovpo Pd. I., IM Drotttlion of Inoe pdbfc voter
MM"I' Lied bon canoe a lot d enlll anent the o8erption 1 1.. Irom
oripinol onlw11 0 any c tivity M may inlNterc with fold
acititiea. Seie _ __
_ ... WOaM1 hill, C.n1Y RUroI Will District (RWD) No. 3 a
.1 1-11 If p • ch IprigMN cp n o .d o e - --
ogeollaco rs. RwD e. ] a rh - th. liShl Ah , egovi^menl
r cment�t oqs a w One IDIi for i ling, amoeeoiniry, ns n g o
repbciry o �P of ^tf nu.ergreund ro r I.iftiev. TMlfe. going c Ma
9 w ociflin atoll M mlW sidsh, by Wlan;ngbn County RWD Na. 3 ontl
Ile ewnw 01 Xuch lot ogre., to be Muntl hereby.
2. Ln b.t. pe pnd Ping R.Pp . 1. a of -K Ill f
rtpfpeiroo n ta th n
ter t
rpecemn.t nl of ny landapinq d Porng llld withn the u;
to y
I lwd s n feapry to «,bir ldsl9 o Md1 wle
lol p pM trna w hrbbery in deJ.l. Utility bill right -pl -Toy Men -M lentiogy <ndolger. 1 rcaten or Mrm ony ra TeulsGtin
aed zv nil eaie a molls o rjgMt .I_ p n n it b delNmrned th.t orn t
en bib utiAl.- n'l�n s is er rignty -'I -rpr ore mPggiM o
Hqm to MN__ ... trees w -M M_ upo gnlreveo(5) silly. Mo iiriclerci of the let
E. GAS SERMCE
TM nce h it. damp eez aMl y
wet . ligKI lolopc e a le loll Nrgnc xmants •town onY the ill a oaf gwided
n this -Aifeelec of dId -lion III .fling, removiry, re ring,
or sld c p oM sirt el the - iliiea ilst.be0eby olne nuppl;., If gpa aenlce.
2. Tne Owner o t a M.msible NM the arotectbn of tM Oergr -ntl gas
n ll r to . aNKI prevent tna Xerotion, gr.v, w any o
wily, . pu10 interfere w A IM gsa a e. TM aupDMr of In
gaaelxnlb be rea.Mible Io lidibb moimenonce of s W fp.i H, but
Old Owner a .011p- for dsmege it l...Ii.K of 1.6filieA ..... UY octa of IM
Owner, or Is ogenb 0,
conlroclorf. rc
3. Th. Io WPKKg cow a set forth in this PWOgropN 11 M m1orce0ble by tM
,s., If Ile gas -1. and 1M Owner of a of pgrnf to by Iound Mrby.
F. SURFACE STORMWATER DRAINAGE
Th. pr My depict. 0 e dMUP,yino plot shall drain 1A storm o suHec.
-.1. F let I. s rttb ontl a The lorcgoing ec ant, 1
Owaaar gNlphpma,iiol �tslnlo,ceable bye ony nplleclee Properly owne law by Ilne Citynol
G. PAWMG AND LANDSCAPING WRXW EASEMENTS
AMY pw1Y -sing a ml rigahts nervu s e M r.Ni o
rcplattment p onY la es.ptne Ps j nwr� M th uinlyp.f bm.nro ,n
thd ant it is necessary to r pair o inloin any uhdmg ld Iilitty a n
PR__ HOWEVER, to City o 0.p Oklandmo, e. M supplier I IM v.e d-d
..lily _ice snap u amawe C e n IN. pe1., of Bach ocl"w'rl.s. .
mw within tie ee loriipn a 11 the deem. to pIdhihil drives, skin, p
eurbrnp. b.aepino. and erntompry
Th. Declaronu dp Mr. MKK,.AM rights of wh"i.' n, T .. within any
p.-.1 to property odjw nt 1. Eat It61h Street Nonn within Ile Mundt
doe "gni.d a -UNITS OE NO ACCESS' on Ile accempony'rry R.I. whi 'UNRS OF NO
ACCESS' -y b mended w r.Wd_ by tM City II Oroavo Planning Commivaion, o
11f fist ontl routed Iy the Ci% of oll. It, D.ONOTp, w ea a n.. prbMdeer
by tM Cbwa Ind alalvla o Ile Stie of Dklmomo pe -ling then... e
L MUTUAL ACCESS EASEMENTS
Th t Orner olio-- er n roby xanta I. Bata .Ass a perpetual non- ac uslre blots
m IM antdire pb,NWIy for the Dur.tl 1 If ID.rm HiMq e
and mt peaoge to on r Lol I, BI k tl
s� e���e ana ad c.mnD,.enin.
SECTION It ENFORCEMENT, DURATION, ANENDMEM AND SEVER,si
A. Enforcement. The rnlfcb'ma IUNin aN forth o non. to FU wit the land
.Md e indinq u n the Orner, i . f pnI pai9na. n Within the
a st Section I. Slreia, E.-I, a eifl"wa v certain
Dots o ignta p ling tM ate a .t therein ao
d. this cowl lsew eon Sectionertfnoll in a to tM perMM rooranp Is
wie
by m. Try roi 0woaw, okbMmo rr n IN. omer, or Ile .
sign., atoll vbbte on el One onto w n Section I, tea roof eutility or
e City of Owasso. Diii -ln. m- "hg "i action of I- equity
p9Nns1 Is 1 e, amens w ;ng I, etlemOtirp to WIV a -F fW
1. ll hill Tom m Being or 10 .m.. compliance will One cpvenonl
or to recover d ll,..
S. DMNMi Th. e q l . ll Until p1.. q ], 2020 coIs l wd1i.ds I 10
Mill, mImmmw Dr mndtl va h.'s -MI, p ed.
C. Ame.menl. The . n n Section I, E... -1. m Y be o
lem,insUll al ony Ii.. b, iMAUUment syMd enI o rleddne br elnel
If One la onp by tM P-mg Cemmiaion or wit IODrovol o
M Gly of owes.. OHOnomo, x ontl I.. Ihlt cola ,willyne o MIe
-I A of c%N. Co .. thy. Ok,.M._welMOrntten c.sentpal . tan ut�9vluwri. d�flrrol tout
0. SIN- billtY, NW w rn ✓iclWn aft lean M onY peI In roll. 1
order, PIq nl II,MCroeyof a 11M,rue. I... III i- blidole w
olfect my i In r rertrictionenet cis y part ne1e0l M Gel Iertn loran, wnron
fMll remain .n lull llprce ontl .Ilea.
SECTION II. PUNNED UNIT DEVELOPMENT RESTRICTIONS
t Mono- Place .a .. mit.tl p I Rohn. v nl (tlefigna.0 I
wn DevlbpmenleHd 05 -02 o a 'Plannee Unit e
Develop 1 .0 05 -02" Or I. IM 'Nonn. runill DevebDrme 1 -oo of Ile 'PU0'), os
O -idild Mil Sections 810 -880 If the Zoning Code II tM Cl, of Dwalao.
c Pbnnee Unit D- dPmem No. 05 -02 w ilirmotiwy 1--hiss. 8 U
Ols.7 Plonninq COmmiesien on r 1, 2.5 . app. -d cby the CNy Council
of tM City of ownao. DkI0Mm0 NIneNOVemMr 15. 2. 005, M imp.menting Ordinance
oo. 8]3 being pealed on pecemM. 6, 2005 20.. e. Welianetl on D.emMr 1],
e n
a Pbnned Urut Dildid nt provisions el the Zminq Cade of tM City I
O..AAd. Dkl..mp r quire the shl- shflment of ..-.I's el roc -iirlg tI 1.
enlwaoble by the Cily of 0..... OKl I ulfcientntl oaure,Vle i ,d_b,dUd,
o. C -tinuw compliance i,ith to opprowd Pbnnee Unit Development. an
WTmea, Uh, O._,/Gd_KPd n
- rictiona Iw this pu,pex e
p Wing Io n o y ognm d l e le m .epuete reHrWlbna for 1MI mi
enerrt of In - el a 0-1 /Doper, i11 successors and oaslgns. Ind the City of Osovao,m
OM.noml.
Therefore, the Ornv"D -Roper dMS hereby impae tM lib.iry reirbMne p
by c .ot� ru n;og rKn tM Ors a and .11 M bin ua ne
p.e- II /ixlit -1, it. pnd asigno, and n mbmepie ao
here. r fort,.
A. Use of Land
TM e- el.menl of too w Pbce an II be lb ' i to ne Phil- Un'1
D."Wilnt p role of IM Zoning Code e1 the City t of 0.ofao, mildl . os
role aes'raled m November 7,02005 or os m.y be subaepumUy
ammaP.a ,f
B. D --p -t SUUMJ a (Dewlppmenl Ado 0 - Commercial)
1. Permitted Us
Tlmee w s "=it Iy right one by a ceprbn in a CS Ind CG
diiricly o1 IM Cty of Owosso Zoning C.e. No eOesualy orrcnled busrnesfez stroll
M permitted.
2. shl; m Buileilrg Fhp N
As permillee by oppIco I. tae.
J. Ma m Bc;ldinq Haight
As p and by oPplc.bld zoning cwe.
1. Mr" m S
Building o becks
A. Pil mAled by pRW.le zoning code.
5. Minimum 011- Street Perkiry
A. required by --s. zeninq c.e.
6. Signs
N rmilted by app cable inning c.e.
1. S...Minnr
Uan • n DdWMd_.nl AK, 'D' a II M screened Irom ether derNOpment o oa
' nil t e PUD by IM er.lion I. mobloi.nn el a i. NKK loll solid screening
CERTIFICATE OF SURVEY
Banmmpn Sun.rN Al Lontl Services, In by the a dervi9ned, o Requlerce
Prolnaimal Lo. Surveyor in a State o1 DkbMma,n.ea hereby certify list
pllatt. o unary w, a ontl
tlo got o led 1 dodef^els in 'NCDo.Id'ze With I.
M bll - Minnl"ll Sle.e.vt lw'leis Prcc- of blonde Suneyirp Isn:R y
e 04bnomo Board of Regiflral.l for Prolesai -oi Engineers one Lontl 1
Surveyors.
Kenn M NeNewlun, R 121289 - - --
Slid. of Okbhoma
Comfy of Tuba
Thu mi rumen r 4 is". sid- o n this Id, el
� me 2008, by Kevin N, haWbn. RPLS.
M' Eomm.im Espirn:
CBY PLANNING COMMISSION APPROVAL
CNARMAN OF THE CITY PLANNING
COMMISSION FOR THE CRY OF OWASSO. STATE OF OKLAHOMA, DO HERBY CERTIFY
MAT THE SAID COMLISSION DULY APPROVED THE ANNE %ED PLAT OF .cCOMALD'S
ADDITION ON THE - DAY OF _, 2008,
CERTBICATION OE CRY CLERK
CITY CLERK OF TIE CITY OF CAASSO,
STATE OF DNtAHDMA 00 ERBY CERTIFY THAT I HAVE EXAMINED THE RECORD OF
THE SAID CITY AND FIND THAT ALL DEFERRED PAYMENTS OR UNMATURED
INSAI. EMS UPON SPECIAL ASSESSMENTS NAVE BEEN PAD IN FULL AND THAT
THERE IS ND SPECML ASSESSMENT PROCEDURE NOW PEINIG AGAINST TIE LAND
AS SHOWN ON THE ANNEXED PUT McDONALD'S ADDRION,
IN WITNESS WHEREOF, u Add-nt C.4.1. L.L.C., nos caused 1
gesenla le laeculw IN, _
2009,
By: Mprraw lilts -ell Cepk.l. L.L.C. on OKl - limit. Fa l c0
By. _
Nome. Kathleen Mono- All- s, M lager
BY.
Home: Fronk Morrow, Menpger
State .1 OFbM.- )
Cou ty 11 Tub. ) as
The Iw.g. o a Ile NMIKI;, c d Dbl rcnr
nvoonce. r runs er rev a 1n gee b re m _
--- I 1 e. 1008. by _ -------- as Menoger oII
uorrow Inwstmenl Copilel L.L.C.
2008
ACEPTANCE OF DEDICATION BY Cl, COUNCIL
BE rt RESOLVED BY THE COUNCB OF THE CITY OF OWASSO, STATE OF
OXIAHOMA THAT THE DEDCATION SHOWN IN THE ANNE %ED PLAT OF WDOMILDS
ADDITION 6 HER ACCEPTED. ADOPTED BY THE COUNCIL OF ONIASSO ON THIS
DAY OF 2008
CRy C.rk Mayw
BEFORE ME. THE UMOERSWHED, A NOTARY PUBLIC OF THE STATE Of OKLA XONM
ON THIS ___ I., of 2008 PERSONALLY APPEARED
_, tp ME KrvOwN TO BE THE IDENTICAL
PERSON KHO EXECUTED TXE inHIN µD 1.REGO G INSTRUMENT AMC
ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS HIS FREE AN
VOLUNTARY ACT AND DEED FOR THE USES AND PURPOSES THERE'H EXPRESSED.
Nobly PPubfc
My Clmmiaaien E.i ss: _____
CERTIFICATE or COUNTY CLERK
THE INSTRUMENT HAS BEEN FRED IN THE GFFICE OF ME COUNTY CLEW Of
TULSA COUNTY, STATE OF OKLAHOMA THIS ----- MY OF
2008.
County Clerk
CERTIFICATE OF COUNTY TREASURER
STATE OF OKLAHOMA. 1 DO HEREBY CERTIFY THAT I NAVE EXAMINED THE RECORDS
PERTAINING TO AD VALOREM TAXES OM THE TRACT SHOWN ON THE ANNEXED PUT
D FIND THAT ALL AD vALORE.I TAXES NAVE BEEN PAID FDR 2.1. -0 ALL
PRAM YEARS AND THAT STATUTORY SECURIT HAS BEEN DEPOSITED
G FAMEI'll PAYMENT OF THE 2008 TAKES.
SEAL
McDONALD'S ADDITION, Tulsa County
Subdivision Plat, October 3r 3008
SHEEr2OF2
TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
CITY OF OWASSO
FROM: LARISSA DARNABY
CITY PLANNER
SUBJECT: REQUEST FOR ACCEPTANCE OF THE CHRIST'S CHURCH OF
OWASSO FINAL PLAT
DATE: NOVEMBER 3, 2008
BACKGROUND:
The City of Owasso has received a request from Charles Helscel applicant /owner, for the review
and acceptance of the Christ's Church of Owasso Final Plat. The Final Plat proposes one (1) lot
in one (1) block on 14.66 acres of property. The applicant wishes to plat the property so that they
may develop a Church Facility.
LOCATION:
The subject property is located on the north side of East 96th Street North and about a half of a mile
east of North 1291h East Avenue.
EXISTING LAND USE:
Undeveloped
SURROUNDING LAND USES:
North: Large Lot Single - Family Residential
East: Large Lot Single - Family Residential
West: Large Lot Single - Family Residential
PRESENT ZONING:
The subject tract is zoned RE (Residential Estate) with a Special Exception granted by the Board of
Adjustments for a church facility.
DEVELOPMENT PROCESS:
The first step in the development of a piece of property in Owasso is annexation. Annexation is
the method whereby land located outside the city limits is made a part of the city. Property owners
and land developers sometimes choose to have their property annexed into Owasso in order to
receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer.
The second step in the development of a piece of property in Owasso is rezoning. When a property
is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to
develop the property, the land must be zoned for particular kinds of uses, such as residential,
office, commercial, or industrial. Rezoning decisions are made in accordance with the growth
policy displayed in the Owasso Master Plan.
One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD.
When a development proposes to exhibit a mixture of uses with specific regulations and standards
unique to a particular tract of land, a PUD is often the preferred land use control mechanism.
The third step in the development of a piece of property in Owasso is platting. A preliminary plat
is required for any development that proposes to divide land into two or more lots. Preliminary
plats illustrate the development concept for the property, and are often modified significantly after
being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning
Commission. Sometimes, difficult development issues such as existing utility lines, wells, or
easements are brought to light at the preliminary plat stage and must be remedied prior to
development.
After the preliminary plat has been reviewed by the City and various utility companies,
construction plans for the development's infrastructure are typically submitted. These plans
include specifications and drawings for stormwater drainage, streets and grading and erosion
control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of
other agencies, such as the Department of Environmental Quality for wastewater collection and the
US Army Corps of Engineers for properties that may be development sensitive.
Once the property development proposal shows a division of lots that is acceptable to both the
developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the
layout and dimension of lots included on the final plat, right -of -way widths, easements, and other
physical characteristics that must be provided for review by the City. After obtaining approval
from the TAC and Planning Commission, the final plat is considered by the City Council. If
approved, the final plat is filed with the office of the County Clerk and governs all future
development on that property.
The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are
reviewed by the TAC and approved by city staff. Issues such as building setbacks, parking, access,
landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the
development is clear to apply for a building permit and to submit construction plans for the
building's foundation, plumbing, electrical system, and HVAC.
ANALYSIS:
The applicant is requesting the review and approval of the Christ's Church of Owasso final plat so
they may plat and eventually develop the property with a church facility. The property is zoned RE
(Residential Estate) with a Special Exception granted by the Board of Adjustment on October 28,
2008 to allow for a church use on the subject tract.
According to the final plat, the developer would like to create one 14.66 acre lot, recognized as Lot
1, Block 1, Christ's Church of Owasso, which would be the proposed site of the church facility.
The main access points into the Christ's Church would be from East 96th Street North. The
applicant has shown a total of 60' to be designated on the final plat for ingress and egress. The 60'
that is designated for ingress and egress would consist of one access point serving as the entrance
and exit to the property.
Any development that occurs on the subject property must adhere to all subdivision, zoning and
engineering requirements including but not limited to paved streets and sidewalks. Commercial
sewer service will be provided by the City of Owasso. Sewer and Water service will be provided
by the City of Owasso. The property will be subject to all payback fees including Storm Siren fees
of $16 per acre, and $1580 dollars per acre if tapped into the Elm Creek Sewer Interceptor.
PLANNING COMMISSION HEARING:
The Owasso Planning Commission will consider the request at a public hearing on November 10,
2008.
RECOMMENDATION:
Staff intends to recommend acceptance of the Christ's Church of Owasso Final Plat.
ATTACHEMENTS:
1. General Area Map
2. Christ's Church of Owasso Final Plat
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OWAS50, OK 74055 COLLINSVILLE, OK 74021
(918) 274 -0517 (918) 371 -7750
CERTIFICATE OF AUTHORIZATION NO. 3932
ENGINEER RENEWAL DATE: JUNE 30, 2010
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TALALA. OKLAHOMA 74080
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CERTIFICATE OF AUTHORIZATION N0, 2786
RENEWAL DATE: JUNE 30, 2009
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OC708M 7, 2008
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: ROGER STEVENS
PUBLIC WORKS DIRECTOR
SUBJECT: AGREEMENT FOR ENGINEERING SERVICES
STORMWATER REVIEW, ANALYSIS AND DESIGN
DATE: November 6, 2008
BACKGROUND:
Since July 2006, the engineering services agreement for stormwater review of miscellaneous projects
or areas regarding drainage issues has been extended to Meshek and Associates without requesting
proposals from other engineering firms. In early October, the City of Owasso Public Works
Department prepared a Request For Proposal (RFP) for such engineering services. The services
outlined in the RFP included: (1) miscellaneous storm drainage engineering review; and (2)
preliminary review and conceptual design of storm drainage improvements, as directed by the City.
Proposal packets reflecting the key elements were developed and distributed to 13 engineering
consulting firms deemed qualified to perform the services requested. On October 27, 2008, proposals
were received from the following 7 respondents:
- The Benham Companies, LLC (Tulsa)
- Meshek & Associates, PLC (Tulsa)
- Painter & Associates (Oklahoma City)
- Myers Engineering (Tulsa)
- Crafton Tull Sparks (Tulsa)
- Tetra Tech (Tulsa)
- HISINC, LLC (Mannford)
ENGINEERING PROPOSAL SELECTION:
The following process was used for selection of firms to perform the requested engineering services:
- Develop and distribute a Request for Proposals specific to the project
- Rank responding firms based on predetermined rating criteria.
- Determine the most "Qualified and Highly Responsive Firm"
- Review man-hour projection and price proposal
Upon comparison of proposals, the project team of The Benham Companies was selected as the most
"Qualified and Highly Responsive Firm ".
(The Benham Companies)
FY 2009 -2010 Engineering Services Agreement
Page 2 of 2
NOTE:
Discussions regarding specifics of this agreement will occur subsequent to the printing and
distribution of the worksession agenda, therefore, the final engineering services agreement will be
delivered to the Council for their review during the November 11, 2008 worksession meeting.
FUNDING SOURCE:
Funding for Engineering Services has been allocated under the FY 2008 -2009 Stormwater
Management Fund in the amount of $90,000. Since July 1, 2008, stormwater review service invoices
received from Meshek and Associates have totaled to $4,100. Thus, the proposed not to exceed
contract amount for FY 2008 -2009 Stormwater Engineering Review and Analyses has decreased to
$85,000.
RECOMMENDATION:
Unless Council express concerns, staff intends to recommend Council approval of an Agreement for
Engineering Services for Miscellaneous Stormwater Engineering Reviews and Analyses with The
Benham Companies LLC, in the amount not to exceed $85,000 and authorization for the Chairman to
execute the agreement.
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ANGELA HESS
FINANCE DIRECTOR
SUBJECT: RURAL WATER DISTRICT (RWD) BILLING AND
COLLECTIONS
DATE: November 7, 2008
BACKGROUND:
On September 16, 2008, the Owasso Public Works Authority approved the removal of the 10%
billing fee for all OPWA -RWD customers to bring their rates in line with other OPWA
customers. A copy of OPWA Resolution No. 2008 -03 and RWD Customer Rates memorandum
is attached.
Additional staff review and discussion was requested to consider other OPWA -RWD customer
issues of the sewer usage volume and whether OPWA should provide its own billing and
collection services for RWD customers.
ANALYSIS:
Approximately 1,909 OPWA -RWD customers are currently being billed by the Rogers and
Washington County RWDs. The estimated billing cost to the OPWA would be $10,104.00
annually.
The primary concerns associated with assuming billing and collection responsibilities for non-
water customers (sewer, refuse, ambulance, and stormwater services) include:
• Lack of notice as customers move in and out of service.
• Limited leverage for collecting delinquent accounts due to inability to disconnect service.
• Dependence on the RWD or individual customers to provide consumption history for
sewer usage volume billing.
Not providing the water service changes the relationship with the customer. Sewer service is
never turned "off' so a new customer is not motivated (or may be unaware) to contact the
OPWA to request that service be connected and the account established in his name. The OPWA
would be dependent upon the RWD to advise new customers that sewer, refuse and ambulance
service must be established through the OPWA Utility Department. Failure of the customer to
establish a new account would not prevent the customer from being provided sewer, refuse or
ambulance service. The OPWA would probably need the RWD to provide notice when a
customer terminated service or established new service. Requests for customer information are
often difficult to obtain from the RWD. There currently is no method to ensure that the OPWA
would have reliable customer account information. This is a significant concern that must be
resolved before the OPWA could assume the responsibility for billing services for the OPWA-
RWD customers.
Not providing water service also limits the leverage for disconnecting service on delinquent
accounts. The risk of losing water service is an effective motivator for payment of utility
accounts. The only real alternative to disconnecting service would be small claims court or filing
a lien against the customer's property. Small claims court is effective but would be a very time
consuming collection method. Filing a lien against the property potentially could allow the
customer free services for many years because the lien would not be satisfied until the property
was sold. Collecting delinquent OPWA -RWD customer accounts would be difficult, but there
are possible solutions available.
The OPWA would also be dependent upon the RWD or the individual customer to provide
updated water consumption information in order to calculate sewer rates annually. Consumption
information reported by Rogers County would be based on customer read meters which may or
may not reflect accurate consumption during the required reporting months of December through
February. The problem of obtaining customer consumption data would require additional work,
but there are possible options to resolve this concern.
REQUEST:
Staff requests that billing and collection services remain with the Rural Water Districts at this
time. Staff will continue to explore this issue over the next several months and search for
alternatives to resolve the major problem which is the lack of notice as customers move in and
out of service. Staff will pursue discussions with the Rural Water Districts to determine if other
effective procedures for establishing, collecting and terminating service may be possible.
ATTACHMENTS:
RWD Customer Rates Memorandum
OPWA Resolution No. 2008 -03
MEMORANDUM
TO: HONORABLE CHAIR AND TRUSTEES
OWASSO PUBLIC WORKS AUTHORITY
FROM: SHERRY BISHOP
ASSISTANT CITY MANAGER
SUBJECT: OPWA RESOLUTION NO. 2008-03
RWD CUSTOMER RATES
DATE: September 12, 2008
BACKGROUND:
About 1.999, annexation and development began in Bailey Ranch Estates 11, Preston Lakes and the
Owasso Market. Those areas were the first large developments in Owasso to have OPWA sewer and
refuse utility services and water service from a RWD (rural water district). Billing for OPWA
customers without OPWA water service presented two difficulties. The amount billed for sewer
"usage" is based on the volume of water :metered. The OPWA does not have that information for
customers with rural water service. The other difficulty is collecting delinquent accounts. The
primary motivator for payment of delinquent utility accounts is the threat of disconnected utility
service. Without the water utility, service disconnection is nearly impossible.
To address those billing and collection concerns, agreements were negotiated with RWD #3 Rogers
County and RWD #3 Washington County for the rural water districts to provide billing and
collection services for the OPWA utilities for a 10% fee. Not a part of the contract, but central to the
agreement with the rural water districts was that the OPWA utility charges would be a fixed amount
for residential customers and rate changes would not be frequent. At that time, the decision was
made to set the "usage" volume for residential sewer customers at an average of 7200 gallons per
month and to add the 10% billing :fee to the customer charges.
Over the years since then, the Owasso citizens with RWD billings have regularly questioned the
sewer rates and billing method. At several of the recent neighborhood meetings, the RWD customer
billing and sewer rates was a concern of citizens. There are three basic issues to consider:
• The 10% billing charge (to cover the RWD administrative fee)
• The 7200 gallon sewer usage volume for all residential customers
• Billing service to be provided by the RWD or by the OPWA
BILLING CHARGE:
The 101 %, administrative fee paid to the RWD for billing and collection services is added to the
OPWA rates paid by the OPWA -RWD customers. Currently the 10% billing charge is a difference
of $4.16 per month per residential customer. The total fee paid to the two rural water districts for
OPWA RESOLUTION NO. 2008 -03
Page 2
billing and collection services during a year is approximately $104,000. That cost is added to the
regular OPWA utility rates and is paid by the customer. For the customers billed directly by the
OPWA through the Finance Department, the cost of billing and collection services is a normal cost
of service and is already included in the OPWA rate structure.
Removing the 10% billing charge :from the RWD customer rates would:
• Reduce the total charges to OPWA -RWD customers by about $95,000;
• Reduce the fee paid to the RWD by about $9,500; and
• Reduce the net revenue to the OPWA by about $85,500.
SEWER USAGE VOLUME:
The OPWA -RWD customers are currently billed for sewer charges based on usage of 7200 gallons
per month. This amount is within the range of statistical averages for water usage. Based on
statistics from various sources (including the US Geological Survey) the average water usage per
person is between 2400 and 3000 gallons per month. The Owasso average single family residential
household size is 2.94 (per Eric Wiles, Owasso Community Development Director). Based on this
information, the average Owasso single family residential household water usage would be between
7056 and 8820 gallons per month.
The OPWA -RWD residential customers are billed for sewer charges based on water usage of 7200
gallons per month. This amount is toward the low end of the range of normal. usage for an average
single family residential household of 2.94 persons. For a household of one or two persons, 7200
would be a high usage. For a household of four or more, 7200 would be a very low usage.
The OPWA regular residential sewer rate is $5.08 (base) plus $2.50 for each 1000 gallons of sewer
usage. Currently, each OPWA -RWD residential customer is billed $23.08 monthly (plus $2.31
billing fee for a total of $25.39) for sewer service.
B:II,IANG SERVICES BY RWD:
Billing and collection services are currently provided by the two rural water districts. This billing
service method is easy and efficient for the OPWA but communications with our customers and
billing options are very restricted. RWD #3 Washington County reads customer water meters and
bills each customer monthly. In RWD #3 Rogers County, each customer reads his own meter,
completes the payment coupon and submits the calculated payment to the water district. Both
Washington and Rogers RWD submit a report with payment to the City of Owasso, Finance
Department each month.
When OPWA rates are changed, the Finance Department obtains a customer list from the RWD and
rate notification letters are mailed to each OPWA -RWD customer. This is especially important for
the Rogers County customers who must include the rate change themselves on the payment coupon.
The OPWA agreed to limit the number of rate changes for the RWD customers, so if there are
multiple rate changes during a year, the effective date for the OPWA -RWD customers is usually
deferred so there will be only one rate change per year. This year, for example, an Ambulance Rate
OPWA RESOLUTION NO. 2008 -03
Page 3
increase was effective July 1 and Sewer and Refuse rate increases are to be effective October 1.
These rate changes will be effective on single date for the OPWA -:RWD customers.
The understanding with the two rural water districts when the agreement was signed in 1999 was
also that the OPWA billing for residential customers would be at fixed rate for all services.
Consequently, customer sewer charges are not based on actual water usage, but on a predetermined
average for all customers. That agreement resulted in the sewer usage volume of 7200 gallons per
residential customer as is explained in the section above.
The Utility Billing Department is reviewing the options and problems associated with taking over
billing and collection for OPWA utility services for our customers within the rural water districts.
Providing our own billing services would allow us to address some of the customer concerns but
would create new challenges for the Utility Billing Department. OPWA billing services would
improve customer communications and the effectiveness of rate changes.
Options for resolving the issue of sewer charges based actual customer water usage rather than on a
fixed volume charge could possibly involve customers submitting their own water usage records.
This option is complicated by the fact that Rogers County customers read their own meters.
Effective collection of delinquent accounts is another problem that would have to be addressed.
REQUEST:
The 10% administrative fee paid to the rural water districts for billing and collection services should
be considered a normal cost of business in much the same way as is the Utility Billing Department
budget. The estimated revenue loss of $85,500 while not insignificant is less than 1% of the OPWA
revenue budget and is a tolerable loss. A decision to reduce rates by removing the 10% billing fee
now would allow that rate change to be effective with other rate changes on October 1. Sewer and
refuse rate increases are already set to be effective on October 1 and those customer rate change
notices could include the reduction of the 10% billing fee.
Additional staff review and discussion is needed on the other issues of the sewer usage volume and
whether OPWA should provide its own billing and collection services for RWD customers. Staff
request to continue discussion of these issues with Council at the November work session.
RESOLUTION NO, 2008 -03:
OPWA Resolution No. 2008 -03 would establish utility rates for rural water district customers within
the corporate limits of Owasso at the same rates as are currently applicable to other customers of the
OPWA regardless of whether or not they are OPWA water service customers. For residential
customers, 7200 gallons per month usage is assumed. For commercial customers, an assigned
average usage is assumed. Wording in the previous resolution which added the 10% administrative
fee has been removed.
OPWA RESOLUTION NO. 2008 -03
Page 4
RECOMMENDATION:
Staff recommends approval of OPWA Resolution No. 2008 -03 establishing utility rates for OPWA
Rural Water District customers within the corporate limits of Owasso and establishing an effective
date of October 1, 2008.
ATTACHMENT:
OPWA Resolution No. 2008 -03
OWASSO PUBLIC WORKS AUTHORITY
OWASSO, OKLAHOMA
RESOLUTION NO. 2008 -03
A RESOLUTION OF THE TRUSTEES OF THE OWASSO PUBLIC WORKS
AUTHORITY ESTABLISHING SANITARY SEWER AND REFUSE RATES
FOR RURAL WATER DISTRICT CUSTOMERS RESIDING WITHIN THE
CORPORATE LIMITS OF THE CITY OF OWASSO, OKLAHOMA.
BE IT RESOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC WORKS
AUTHORITY THAT the following rates be, and the same hereby are, established as sanitary sewer
and refuse rates for rural water district customers residing within the corporate limits of the City of
Owasso, Oklahoma, utilizing the sanitary sewer service of the Owasso Public Works Authority,
Owasso, Oklahoma.
Residential:
Residential customers of the Owasso Public Works Authority shall be charged the then applicable rate
as established, or thereafter increased, by the Trustees of the Owasso Public Works Authority for all
residential sanitary sewer service customers and residential refuse service customers, regardless of
whether or not said customers are water service customers, residing within the City of Owasso,
Oklahoma, assuming a 7200 gallon per month usage.
Commercial:
Commercial customers of the Owasso Public Works Authority shall be charged the then applicable rate
as established, or thereafter increased, by the Trustees of the Owasso Public Works Authority for all
commercial sanitary sewer service customers and commercial refuse customers, if applicable,
regardless of whether or not said customers are water service customers, residing within the City of
Owasso, Oklahoma, assuming an assigned average usage.
APPROVED this 16th day of September, 2008 by the Trustees of the Owasso Public Works Authority.
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Sherry bishefAuthority S {4ty1tN�
APPROVED AS TO FORM:
Julie lOrribardi, Authority Attorney
Stephen Ca udella, Chairperson
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: SHERRY BISHOP
ASSISTANT CITY MANAGER
SUBJECT: 76th STREET SEWER INTERCEPTOR PROJECT
PAYBACK ORDINANCE
DATE: November 7, 2008
BACKGROUND:
The Stone Canyon development and the construction of the 76th Street interceptor project to extend
sewer service to eastern areas of Owasso have been discussed by the City Council/OPWA several
times over the past year. In October of 2007, the OPWA Trustees approved Resolution No. 2007 -09
authorizing an application for financing with the OWRB (Oklahoma Water Resources Board). The
sewer interceptor project was included with the wastewater treatment plant improvements and the
lift station improvements in the resolution. The OPWA Trustees approved an engineering services
agreement with Greeley and Hansen for design of the sewer interceptor project on August 19, 2008.
The drainage basin to be served by the sewer interceptor project includes 4,708 gross acres. 3,136
net acres are available for development and 707 net acres previously developed would have access to
sewer service through the 76th Street sewer interceptor. The estimated future population of the
service area is 8,727.
The concept for funding the project is to obtain a construction loan and subsequent long -term
financing (up to 30 years) from the OWRB. The loan would be paid from the OPWA utility
revenues, not from sales tax or other City revenues. Additionally, any development utilizing the
interceptor line to connect for sewer service would be required by ordinance to pay a per -acre fee to
the OPWA.
The per -acre fee would be based on the final project cost. The estimated cost of construction for the
interceptor project is $5.2 million. Interest and other financing costs would be added to the final
construction costs to establish the final project cost as a basis for the per -acre fee. That final project
cost would be divided by the 3,843 net acres in the sewer drainage basin to establish a per -acre fee
for use of the sewer interceptor.
The proposed ordinance would do the following:
• Establish the 76th Street Sewer Interceptor Assessment Area;
• Assess a mandatory fee for connection to the 76th Street Sewer Interceptor;
• Authorize only the Council to waive or reduce the connection fee; and
• Authorize the assessment fee rate to be established by Resolution after the final costs are
known.
RECOMMENDATION:
Staff will recommend City Council approval of the 761h Street Sewer Interceptor Fee Ordinance at
the November 18, 2008 meeting.
ATTACHMENT:
Draft Ordinance
CITY OF OWASSO
PROPOSED ORDINANCE
AN ORDINANCE RELATING TO PART 17 UTILITIES, CHAPTER 3,
SEWER SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF
OWASSO, OKLAHOMA, AMENDING SAME BY ESTABLISHING A PER
ACRE PAYBACK FOR CONSTRUCTION OF THE 76TH STREET SEWER
INTERCEPTOR
THIS ORDINANCE AMENDS PART 17, CHAPTER 3, OF THE CITY OF
OWASSO CODE OF ORDINANCES BY ENACTING SECTION 17 -301, 76TH
STREET SEWER INTERCEPTOR.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT, TO -WIT:
SECTION ONE (1): Part 17, Utilities, Chapter 3, Sewer System, of the Code of Ordinances of
the City of Owasso, Oklahoma, shall be amended by providing and codifying as follows:
SECTION 17 -301 76" STREET SEWER INTERCEPTOR
SECTION TWO (2):
It is the purpose of this ordinance to promote public health, safety and welfare by constructing and
maintaining a sewer line from a point between 129th East Ave. and 145th East Avenue along 76th
Street North to approximately 193rd East Ave. This improvement shall be known as and referred to
within this ordinance as the "76th Street Sewer Interceptor."
SECTION THREE (3):
The 76th Street Sewer Interceptor is hereby established as the area depicted on the map attached
hereto as Exhibit "A." Exhibit "A" shall be made a part of this ordinance. This area shall be
designated as the Assessment Area. All property within the Assessment Area may connect to the
76th Street Sewer Interceptor subsequent to the effective date of this ordinance.
SECTION FOUR (4):
All costs associated with the construction of the 76th Street Sewer Interceptor, including costs for the
acquisition of the land, construction costs, professional fees, interest, and other lawful and authorized
costs and fees, shall be recouped through an assessment per acre for all property located within the
Assessment Area. The assessment amount per acre shall be established subsequent to this the
proposed Ordinance through adoption of an a Resolution by the City Council after all costs have
been paid and the construction of the 76th Street Sewer Interceptor have been completed.
SECTION FIVE (5):
This assessment shall be paid as a fee for sewer services for properties developed henceforth in the
assessment area. Payment of this assessment is mandatory, and may only be waived or reduced by
demonstrating special circumstances and obtaining approval of a waiver or reduction by a majority
vote of the City Council. Payment of said assessment shall be due upon the approval of a final plat.
SECTION SIX (6): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
SECTION SEVEN (7): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended by enacting an ordinance to be codified
in Part 17, Chapter 1, as Section 17 -301.
PASSED by the City Council of the City of Owasso, Oklahoma on the day of November, 2008
Stephen Cataudella, Mayor
ATTEST:
Sherry Bishop, City Clerk
(SEAL)
APPROVED as to form and legality this day of November, 2008.
Julie Lombardi, City Attorney
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIE TROUT LOMBARDI
CITY ATTORNEY
SUBJECT: ACQUISTION OF LAND AND DONATION OF LAND TO TULSA
TECHNOLOGY CENTER (TTC)
DATE: November 11, 2008
BACKGROUND:
Tulsa Technology Center ( "TTC ") proposes to construct a thirty -four (34) acre plus
campus in the City of Owasso which will house TTC training and post- secondary
education courses, and, through a lease arrangement with Tulsa Community College
(TCC), an institute of higher education offering college classes. Although TTC originally
expressed its intent to construct a new facility in the City of Owasso several years ago,
funding constraints and other delays prevented the facility from being constructed at that
time. TTC is now planning to construct the TTC Owasso campus facility within the very
near future and is currently engaged in the land acquisition process. The proposed
campus will be located immediately east of Highway 169, and between 106th St. N. and
1161 St. N, Construction of the facility on this site is scheduled to commence in January,
2009 if not sooner. Prior to beginning construction, however, TTC must acquire
sufficient land to house not only the state -of -the -art large educational facility required to
house TTC and TCC classes, but also to accommodate and construct parking areas,
ingress and egress roads and other customary commercial construction needs.
A previous donation of approximately 24.6 acres of land was made by the Opal Robinson
Family Trust to TTC for construction of a TTC facility in Owasso. However, given that
the size and structure of the proposed campus with its ancillary accommodations is
substantially larger than originally anticipated, including a three hundred (300) seat
convention center, a substantial amount of space to lease to TCC, it is necessary for TTC
to acquire additional property than previously donated by the Opal Robinson Trust.
Upon learning that TTC required additional land to construct the Owasso TTC Campus,
the City entered into negotiations with OLT to purchase this property so that the City
might donate it to TTC. OLT has agreed to sell a parcel of land to the City containing
10.66 acres to the City of Owasso for One Million, One Hundred Fifty -Nine Thousand,
and Seven Hundred Eighty -Five Dollars and Sixty Cents ($1,159,785.60). This purchase
price is based upon a calculated cost of Two Dollars and Fifty Cents ($2.50) per square
foot for the 10.66 acre tract. In addition to the 10.66 acre tract, OLT will also convey a
smaller tract located southeast of the larger parcel of land containing approximately 5.37
acres without additional cost.
The second tract of land the City proposes to purchase and donate to TTC contains
approximately 10 acres and is owned by the H. Allen and Doris L. Robinson Trust (no
relation to the Opal Robinson referenced above). The sellers have agreed to sell this 10
acre parcel of property to the City for One Million, Eight Hundred and Eighty -Nine
Thousand, Six Hundred and Thirty -Two Dollars and Eighty Cents ($1,889,632.80). This
purchase reflects a cost of approximately Three Dollars ($3.00) per square foot. The
proposed purchases of land are briefly discussed below:
I. Proposed Land Purchase from OLT:
TRACT "A"
10.66 Acres
A TRACT OF LAND SITUATED IN THE N/2 OF THE SEA OF
SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE
I.B. &M., TULSA COUNTY, STATE OF OKLAHOMA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NEA CORNER OF SAID N/2 SEA;
THENCE S 88 044'39" W AND ALONG THE NORTH LINE OF
SAID N/2 SEA A DISTANCE OF 1057.71 FEET TO THE "POINT
OF BEGINNING "; THENCE S 1 120148" E A DISTANCE OF 780.77
FEET; THENCE S 88 044'40" W TO A POINT ON THE WEST
LINE OF E/2 E/2 NW /4 SEA A DISTANCE OF 594.62 FEET;
THENCE N 1019'57" W TO A POINT ON THE NORTH LINE OF
THE N/2 SEA A DISTANCE OF 780.77 FEET; THENCE N
88 044'39" E AND ALONG SAID NORTH LINE OF SAID N/2 SEA
A DISTANCE OF 594.43 FEET TO THE POINT OF BEGINNING;
AND,
TRACT "B"
5.37 Acres
A TRACT OF LAND SITUATED IN THE N/2 OF THE SE /4 OF
SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE
I.B. &M., TULSA COUNTY, STATE OF OKLAHOMA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID N/2 SE /4
THENCE S 88 044'40" W AND ALONG THE SOUTH LINE OF
SAID N/2 SE /4 A DISTANCE OF 709.02 FEET; THENCE N
1 020'48" W TO A POINT ON THE NORTH LINE OF THE S/2 S/2
NE /4 SE /4 A DISTANCE OF 329.82 FEET; THENCE N 88 044140" E
2
AND ALONG SAID NORTH LINE A DISTANCE OF 708.69 FEET
TO A POINT ON THE EAST LINE OF SAID N /.2 SEA THENCE S
1 024'12" E AND ALONG SAID EAST LINE A DISTANCE OF
329.82 FEET TO THE POINT OF BEGINNING.
The City proposes to purchase this property containing 10.66 acres from OLT for
$1,889,632.80. The closing is scheduled to occur on November 19, 2008. At the closing,
the seller will deliver a Warranty Deed to the City free of all encumbrances, liens or other
restrictions on the property, and, and, if the proposed Donation Agreement is approved
by the City Council, the City of Owasso will execute a deed to TTC.
A survey is currently being performed and a review of the abstract is underway.
II. Property Proposed for Purchase from the H. Allen and Doris L. Robinson
Revocable Living Trust
The second parcel of land the City seeks to acquire for the TTC site is located southwest
from the OLT property and directly south of the property previously donated by the Opal
Robinson Trust. The parcel is comprised of ten (10) acres and is more particularly
described as follows:
PART OF THE W/2 NW /4 SEA AND THE W/2 E/2 NW /4 SEA, SECTION 9,
TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. &M., FURTHER
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH
LINE OF SAID W/2 NW /4 SE /3, SAID POINT BEING 174.5 FEET EAST OF
THE NORTHWEST CORNER THEREOF, THENCE S 0 °00'38" E ALONG
THE EASTERLY RIGHT -OF -WAY LINE OF STATE HIGHWAY 169 A
DISTANCE OF 892.35 FEET, THENCE S 2 049'22" E ALONG SAID RIGHT -
OF -WAY LINE 428.67 FEET TO A POINT ON THE SOUTH LINE OF SAID
W/2 NW /4 SEA, SAID POINT BEING 195.59 FEET EAST OF THE
SOUTHWEST CORNER THEREOF, THENCE N 89 059'43" E 796.86 FEET
TO THE SOUTHEAST CORNER OF SAID W/2 E/3 NW /4 SEA, THENCE N
0 002'35" W 1320.73 FEET TO THE NORTHEAST CORNER THEREOF,
THENCE S 89 058'43" W 817.14 FEET TO THE POINT OF BEGINNING,
SAID TRACT CONTAINING 24.6 ACRES MORE OR LESS.
LESS AND EXCEPT:
COMMENCING FROM THE SOUTHEAST CORNER OF SAID NW /4 SEA,
THENCE S 88 044'40" W AND ALONG THE SOUTH LINE OF SAID NW /4
SEA A DISTANCE OF 330.75 FEET TO THE "POINT OF BEGINNING ",
THENCE S 88 044'40" W AND ALONG SAID SOUTH LINE A DISTANCE OF
796.66 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY OF
HIGHWAY 169; THENCE N 4 005'39" W AND ALONG SAID EASTERLY
RIGHT- OF-WAY A DISTANCE OF 427.45 FEET, THENCE N 1 018'17" W
3
AND ALONG SAID EASTERLY RIGHT -OF -WAY A DISTANCE OF 111.57
FEET, THENCE N 88 °44'40" E A DISTANCE OF 817.20 FEET TO A POINT
ON THE WEST LINE OF THE E/2 E/2 NW /4 SE /4, THENCE S 1 °19'57" E
AND ALONG SAID WEST LINE A DISTANCE OF 538.50 FEET TO THE
"POINT OF BEGINNING" (the "PROPERTY ").
Together with all improvements thereon, if any, in their present condition, ordinary wear
and tear accepted.
The City proposes to purchase this property containing 10.00 acres from the H. Allen and
Doris L. Robinson Revocable Living Trust for $1,889,632.80. The closing is scheduled to
occur on November 19, 2008. At the closing, the seller will deliver a Warranty Deed to
the City free of all encumbrances, liens or other restrictions on the property. A survey is
currently being performed and a review of the abstract is underway.
III. Donation Agreement
After the parcels of land described above are conveyed to the City of Owasso by the
sellers through General Warranty Deeds, the City proposes to donate each of these tracts
to TTC for construction of the new TTC Owasso facility. Although municipalities are
generally prohibited from gifting real or personal property to any person or entity, 11
O.S. §22 -125 of the Oklahoma Statutes creates an exception whereby municipalities may
donate property to school districts. The City of Owasso proposes to use that express
exception within the law to donate the two (2) tracts acquired from OLT and the tract
acquired from the H. Allen and Doris L. Robinson Revocable Living Trust to TTC for
construction of an Owasso TTC Campus.
The City's donation of land to TTC would be predicated upon the satisfaction of several
conditions including the following:
A. The City of Owasso's name shall be included in the name of the new facility
to be constructed on the site.
B. TTC shall construct a joint use facility on the campus, which will serve to
house not only TTC's educational programs but also a program of instruction in
higher education through a lease with TCC.
C. The City of Owasso shall retain reversionary interest with the power to
terminate TTC's ownership in the property if:
1. TTC fails to complete construction of the campus within two (2) years
of the date the property is conveyed, or
2. TTC ever ceased to use the property for post- secondary educational
purposes. TTC shall, however, retain an option to purchase the property
from the City if the above reversionary provision is ever exercised by the
0
City. The purchase price to be paid by TTC shall be the fair market value
less and except any improvements.
Each of these conditions has been agreed to by TTC and provisions reflecting the same
are included in the attached Donation Agreement.
CONCLUSION:
The proposed land sale purchases and the concurrent execution of the Donation
Agreement, if approved by the City Council, will be finalized at the closing to be
scheduled on November 19, 2008. Subsequent to obtaining title to the needed land,
construction of the new TTC facility is scheduled to begin in January 2009.
RECOMMENDATION:
The staff will recommend City Council approval of the purchase of the OLT Contract for
Sale of Real Estate in the amount of $1,159,785.60, the H. Allen and Doris L. Robinson
Revocable Living Trust Contract for Sale of Real Estate in the amount of $1,889.632.80,
and the Proposed Donation Agreement of Real Property between the City of Owasso and
TTC.
ATTACHMENTS:
OLT Contract for Sale of Real Estate
H. Allen and Doris L. Robinson Revocable Living Trust Contract for Sale of Real Estate
Proposed Donation Agreement between the City of Owasso and TTC
Map Depicting Site of the Owasso TTC Campus depicting proposed parcels to be
purchased and donated.
5
CONTRACT FOR SALE OF REAL ESTATE
THIS CONTRACT is entered into between OWASSO LAND TRUST, L.L.C. (Seller)
and CITY OF OWASSO (Buyer). Upon approval of this Contract by both Seller and Buyer, a
valid and binding contract of sale shall exist, the terms and conditions of which are as follows:
1. SALE: Seller agrees to sell and convey to Buyer, by Warranty Deed, subject only to
reasonable utility easements and building restrictions of record, and Buyer agrees to purchase
the following described real estate (the Property) located in TULSA County, Oklahoma:
TRACT A
A TRACT OF LAND SITUATED IN THE N/2 OF THE SEA OF SECTION
9, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. &M., TULSA
COUNTY, STATE OF OKLAHOMA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING FROM THE NE /4
CORNER OF SAID N/2 SEA; THENCE S 88 °44'39" W AND ALONG THE
NORTH LINE OF SAID N/2 SEA A DISTANCE OF 1057.71 FEET TO
THE "POINT OF BEGINNING"; THENCE S 1 120148" E A DISTANCE
OF 780.77 FEET; THENCE S 88 °44'40" W TO A POINT ON THE WEST
LINE OF E/2 E/2 NW /4 SEA A DISTANCE OF 594.62 FEET; THENCE N
1 019' 57" W TO A POINT ON THE NORTH LINE OF THE N/2 SEA A
DISTANCE OF 780.77 FEET; THENCE N 88 °44'39" E AND ALONG
SAID NORTH LINE OF SAID N/2 SEA A DISTANCE OF 594.43 FEET
TO THE POINT OF BEGINNING; AND,
TRACT B
A TRACT OF LAND SITUATED IN THE N/2 OF THE SE /4 OF SECTION
9, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE I.B. &M., TULSA
COUNTY, STATE OF OKLAHOMA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST
CORNER OF SAID N/2 SE /4 THENCE S 88 044'40" W AND ALONG THE
SOUTH LINE OF SAID N/2 SE /4 A DISTANCE OF 709.02 FEET;
THENCE N 1 020'48" W TO A POINT ON THE NORTH LINE OF THE
S/2 S/2 NE /4 SE /4 A DISTANCE OF 329.82 FEET; THENCE N 88 044'40" E
AND ALONG SAID NORTH LINE A DISTANCE OF 708.69 FEET TO A
POINT ON THE EAST LINE OF SAID N /.2 SE /4 THENCE S 1 024'12" E
AND ALONG SAID EAST LINE A DISTANCE OF 329.82 FEET TO THE
POINT OF BEGINNING.
Together with all improvements thereon, if any, in their present condition, ordinary
wear and tear accepted.
2. PURCHASE PRICE: The total purchase price is One Million, One Hundred Fifty -Nine
Thousand, Seven Hundred and Eighty -Five Dollars and 60/100 ($1,159,785.60) payable by
Buyer to Seller at the Closing.
3. EFFECTIVE DATE: The effective date of this contract shall be the date upon which it is
signed by both Seller and Buyer.
4. DISCLAIMER, DISCLOSURE, and INSPECTIONS: No representations regarding the
condition of Property, or environmental hazards, are expressed or implied, other than as may
be specified:
A. Flood Notification: Seller shall deliver to Buyer within ten (10) days of the
Effective Date of this contract, notice in writing if Property is located in an area
designated as a flood hazard area as defined by such City and/or County
governmental agency.
B. Inspection Time Period: Buyer shall have ten (10) days from the Effective Date to
perform any of the inspections and investigations set out in 1 through 3 below.
Buyer, at Buyer's expense, shall have the right to enter upon the Property, together
with any other persons, to conduct the following inspections and investigations:
1. Flood, Storm Run off Water, or Storm Sewer Backup or Water History.
2. Environmental Risks, including but not limited to, soil, air, hydrocarbon,
chemical, carbon, asbestos, mold, radon gas, lead -based paint.
3. Psychologically Impacted Property and Megan's Law.
C. Ten 10 Day Cancellation and Release of Contract: If Buyer has any objection to
the Property based on the results and findings of the inspections, Buyer shall have
the right to cancel, and terminate this Contract by delivering written notice stating
the Buyer's objections to the Property to Seller, in which event this Contract shall
be null and void.
5. DELIVERY OF PROPERTY INSPECTION REPORTS AND TEST RESULTS: Upon
receipt by Buyer, Buyer shall deliver to Seller a copy of any and all written inspection
reports obtained by the Buyer pertaining to all portions of the Property which are subject to
Buyer's right of inspections.
6. COST OF INSPECTIONS /RE- INSPECTIONS: The cost of any and all inspections and
re- inspections shall be paid by the Buyer.
7. RISK OF LOSS: Until Closing or transfer of possession, risk of loss to the Property,
ordinary wear and tear accepted, shall be upon Seller. After Closing or transfer of
possession, such risk shall be upon Buyer.
ACCEPTANCE OF PROPERTY: Unless otherwise agreed upon in writing, Buyer, by
Closing or taking possession of the Property, shall be deemed to have accepted the Property
in its then condition. No warranties, expressed or implied, by Seller, shall be deemed to
survive the Closing.
9. TITLE /CLOSING: The Closing shall be held on or before November 19, 2008. Possession
shall be transferred AT TIME OF CLOSING. At Closing, Buyer agrees to accept delivery
of a warranty deed to the Property.
No later than ten (10) days prior to the "Closing Date," Seller, at Seller's expense, agrees to
furnish Buyer a current Uniform Commercial Code Search Certificate and abstract of title
prepared by a licensed surveyor, certified to a date at least within 180 days of the "Closing
Date." Buyer shall have ten (10) days after receipt to have Seller's title evidence or title
commitment examined. In the event the title evidence is not made available to Buyer ten
(10) days prior to the "Closing Date," said "Closing Date" may be extended by Buyer up to
ten (10) days from receipt to allow Buyer to examine title evidence. If Buyer determines
that Seller's evidence of title does not meet the standard of marketable title set out in the
Real Estate Title Examination Standards of the Oklahoma Bar Association, Buyer may
cancel and terminate this Contract provided:
A. Buyer agrees to advise the Seller, in writing, detailing Buyer's objection to Seller's
Title, and;
B. Seller agrees to make reasonable efforts to secure and/or execute all documents
necessary to cure title defects identified by Buyer, and;
C. Buyer agrees to delay the "Closing Date" thirty (30) days, or such longer period as
Buyer shall grant in writing, to allow Seller to cure Buyer's objection to Seller's
Title. In the event Seller cures Buyer's objection prior to the delayed "Closing
Date," Buyer's right to terminate shall lapse and Buyer and Seller agree to close
within five (5) days of notice of such cure.
10. TAXES AND PRORATIONS:
A. The Seller shall pay in full: (i) all special assessments against the Property upon the
date of Closing, whether or not payable in installments; (ii) all taxes, other than
general ad valorem taxes for the current calendar year, which are a lien on the
Property upon the date of Closing, including the cost of documentary stamps to be
attached to the Deed; (iii) the cost of any item of workmanship or material
furnished on or prior to the date of Closing which is, or may become, a lien on the
Property.
B. Unless otherwise specified in paragraph 16, the following items shall be prorated
between the Seller and Buyer as of the date of Closing: (i) rents, if any, and (ii)
general ad valorem taxes for the current calendar year, provided, that if the amount
of such taxes has not been fixed, the pro- ration shall be based upon the rate of levy
for the previous calendar year and'the most current assessed value available at time
of Closing.
11. BREACH OR FAILURE TO CLOSE: If, after the Seller has performed Seller's
obligations under this Contract, and if, within five (5) days after the date specified for
Closing under Paragraph 10, Buyer fails to make payment or to perform any other
obligations of the Buyer under this Contract, Seller may, at Seller's option, cancel and
terminate this Contract. If the Buyer performs all of the obligations of Buyer, and Seller
breaches this Contract or fails to perform any of Seller's obligations, then Buyer shall be
entitled to either cancel or terminate this Contract.
12. BINDING EFFECT AND ENFORCEMENT: This Contract, when executed by both
Seller and Buyer shall be binding upon and inure to the benefit of Seller and Buyer, their
heirs, legal representatives, successors, and assigns. This Contract sets forth the complete
understanding of Seller and Buyer and supersedes all previous negotiations,
representations, and agreements between them. This Contract can only be amended or
modified by a written agreement signed by Seller and Buyer.
13. EXECUTION AND DELIVERY OF CONTRACT DOCUMENTS,
COUNTERPARTS: The parties agree that the Contract between them shall be evidenced
by a single executed Contract upon which each of them shall place their signatures.
The Buyer and Seller by their signatures below hereby accept delivery of the contract
documents.
APPROVED THIS DAY OF , 2008.
SELLER:
OWASSO LAND TRUST, L.L.C.
BUYER:
Stephen Cataudella, Mayor
CITY OF OWASSO
ATTEST:
Sherry Bishop, City Clerk
APPROVED AS TO FORM:
Julie Trout Lombardi, City Attorney
CONTRACT FOR SALE OF REAL ESTATE
THIS CONTRACT is entered into between THE H. ALLEN AND DORIS L.
ROBINSON REVOCABLE LIVING TRUST (Seller) and CITY OF OWASSO (Buyer). Upon
approval of this Contract by both Seller and Buyer, a valid and binding contract of sale shall
exist, the terms and conditions of which are as follows:
1. SALE: Seller agrees to sell and convey to Buyer, by Warranty Deed, subject only to
reasonable utility easements and building restrictions of record, and Buyer agrees to purchase
the following described real estate (the Property) located in TULSA County, Oklahoma:
PART OF THE W/2 NW /4 SE /4 AND THE W/2 E/2 NW /4 SE /4, SECTION 9,
TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. &M., FURTHER
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE
OF SAID W/2 NWA SE /3, SAID POINT BEING 174.5 FEET EAST OF THE
NORTHWEST CORNER THEREOF, THENCE S 0 000'38" E ALONG THE
EASTERLY RIGHT -OF -WAY LINE OF STATE HIGHWAY 169 A DISTANCE OF
892.35 FEET, THENCE S 2 049'22" E ALONG SAID RIGHT -OF -WAY LINE 428.67
FEET TO A POINT ON THE SOUTH LINE OF SAID W/2 NW /4 SE /4, SAID POINT
BEING 195.59 FEET EAST OF THE SOUTHWEST CORNER THEREOF, THENCE
N 89 059'43" E 796.86 FEET TO THE SOUTHEAST CORNER OF SAID W/2 E/3
NW /4 SE /4, THENCE N 0 002'35" W 1320.73 FEET TO THE NORTHEAST CORNER
THEREOF, THENCE S 89 °58'43" W 817.14 FEET TO THE POINT OF BEGINNING,
SAID TRACT CONTAINING 24.6 ACRES MORE OR LESS.
LESS AND EXCEPT:
COMMENCING FROM THE SOUTHEAST CORNER OF SAID NW /4 SEA,
THENCE S 88 044'40" W AND ALONG THE SOUTH LINE OF SAID NWA SEA A
DISTANCE OF 330.75 FEET TO THE "POINT OF BEGINNING ", THENCE S
88 044'40" W AND ALONG SAID SOUTH LINE A DISTANCE OF 796.66 FEET TO A
POINT ON THE EASTERLY RIGHT -OF -WAY OF HIGHWAY 169; THENCE N
4 005'39" W AND ALONG SAID EASTERLY RIGHT -OF -WAY A DISTANCE OF
427.45 FEET, THENCE N 1 018'17" W AND ALONG SAID EASTERLY RIGHT -OF-
WAY A DISTANCE OF 111.57 FEET, THENCE N 88 044'40" E A DISTANCE OF
817.20 FEET TO A POINT ON THE WEST LINE OF THE E/2 E/2 NW /4 SEA,
THENCE S 1 019'57" E AND ALONG SAID WEST LINE A DISTANCE OF 538.50
FEET TO THE "POINT OF BEGINNING" (the "PROPERTY ").
Together with all improvements thereon, if any, in their present condition, ordinary wear and
tear accepted.
2. PURCHASE PRICE: The total purchase price is One Million, Eight Hundred and Eighty -
Nine Thousand, Six Hundred and Thirty -Two Dollars and 80/100 ($1,889,632.80) payable
by Buyer to Seller at the Closing.
3. EFFECTIVE DATE: The effective date of this contract shall be the date upon which it is
signed by both Seller and Buyer.
4. DISCLAIMER, DISCLOSURE, and INSPECTIONS: No representations regarding the
condition of Property, or environmental hazards, are expressed or implied, other than as may
be specified:
A. Flood Notification: Seller shall deliver to Buyer within ten (10) days of the
Effective Date of this contract, notice in writing if Property is located in an area
designated as a flood hazard area as defined by such City and /or County
governmental agency.
B. Inspection Time Period: Buyer shall have ten (10) days from the Effective Date to
perform any of the inspections and investigations set out in 1 through 3 below.
Buyer, at Buyer's expense, shall have the right to enter upon the Property, together
with any other persons, to conduct the following inspections and investigations:
1. Flood, Storm Run off Water, or Storm Sewer Backup or Water History.
2. Environmental Risks, including but not limited to, soil, air, hydrocarbon,
chemical, carbon, asbestos, mold, radon gas, lead -based paint.
3. Psychologically Impacted Property and Megan's Law.
C. Ten 10 Day Cancellation and Release of Contract: If Buyer has any objection to
the Property based on the results and findings of the inspections, Buyer shall have
the right to cancel, and terminate this Contract by delivering written notice stating
the Buyer's objections to the Property to Seller, in which event this Contract shall
be null and void.
5. DELIVERY OF PROPERTY INSPECTION REPORTS AND TEST RESULTS: Upon
receipt by Buyer, Buyer shall deliver to Seller a copy of any and all written inspection
reports obtained by the Buyer pertaining to all portions of the Property which are subject to
Buyer's right of inspections.
6. COST OF INSPECTIONS /RE- INSPECTIONS: The cost of any and all inspections and
re- inspections shall be paid by the Buyer.
7. RISK OF LOSS: Until Closing or transfer of possession, risk of loss to the Property,
ordinary wear and tear accepted, shall be upon Seller. After Closing or transfer of
possession, such risk shall be upon Buyer.
8. ACCEPTANCE OF PROPERTY: Unless otherwise agreed upon in writing, Buyer, by
Closing or taking possession of the Property, shall be deemed to have accepted the Property
in its then condition. No warranties, expressed or implied, by Seller, shall be deemed to
survive the Closing.
2
9. TITLE /CLOSING: The Closing shall be held on or before November 19, 2008. Possession
shall be transferred AT TIME OF CLOSING. At Closing, Buyer agrees to accept delivery
of a warranty deed to the Property.
Not later than ten (10) days prior to the "Closing Date," Seller, at Seller's expense, agrees to
furnish Buyer a current Uniform Commercial Code Search Certificate and abstract of title
prepared by a licensed surveyor, certified to a date at least within 180 days of the "Closing
Date." Buyer shall have ten (10) days after receipt to have Seller's title evidence or title
commitment examined. In the event the title evidence is not made available to Buyer ten
(10) days prior to the "Closing Date," said "Closing Date" may be extended by Buyer up to
ten (10) days from receipt to allow Buyer to examine title evidence. If Buyer determines
that Seller's evidence of title does not meet the standard of marketable title set out in the
Real Estate Title Examination Standards of the Oklahoma Bar Association, Buyer may
cancel and terminate this Contract provided:
A. Buyer agrees to advise the Seller, in writing, detailing Buyer's objection to Seller's
Title, and;
B. Seller agrees to make reasonable efforts to secure and/or execute all documents
necessary to cure title defects identified by Buyer, and;
C. Buyer agrees to delay the "Closing Date" thirty (30) days, or such longer period as
Buyer shall grant in writing, to allow Seller to cure Buyer's objection to Seller's
Title. In the event Seller cures Buyer's objection prior to the delayed "Closing
Date," Buyer's right to terminate shall lapse and Buyer and Seller agree to close
within five (5) days of notice of such cure.
10. TAXES AND PRORATIONS:
A. The Seller shall pay in full: (i) all special assessments against the Property upon the
date of Closing, whether or not payable in installments; (ii) all taxes, other than
general ad valorem taxes for the current calendar year, which are a lien on the
Property upon the date of Closing, including the cost of documentary stamps to be
attached to the Deed; (iii) the cost of any item of workmanship or material
furnished on or prior to the date of Closing which is, or may become, a lien on the
Property.
B. Unless otherwise specified in paragraph 16, the following items shall be prorated
between the Seller and Buyer as of the date of Closing: (i) rents, if any, and (ii)
general ad valorem taxes, recognizing however that the Buyer is not subject to the
payment of ad valorem or other taxes, for the current calendar year, provided, that if
the amount of such taxes has not been fixed, the pro- ration shall be based upon the
rate of levy for the previous calendar year and the most current assessed value
available at time of Closing.
11. BREACH OR FAILURE TO CLOSE: If, after the Seller has performed Seller's
obligations under this Contract, and if, within five (5) days after the date specified for
Closing under Paragraph 10, Buyer fails to make payment or to perform any other
obligations of the Buyer under this Contract, Seller may, at Seller's option, cancel and
terminate this Contract. If the Buyer performs all of the obligations of Buyer, and Seller
breaches this Contract or fails to perform any of Seller's obligations, then Buyer shall be
entitled to either cancel or terminate this Contract.
12. BINDING EFFECT AND ENFORCEMENT: This Contract, when executed by both
Seller and Buyer shall be binding upon and inure to the benefit of Seller and Buyer, their
heirs, legal representatives, successors, and assigns. This Contract sets forth the complete
understanding of Seller and Buyer and supersedes all previous negotiations,
representations, and agreements between them. This Contract can only be amended or
modified by a written agreement signed by Seller and Buyer.
13. EXECUTION AND DELIVERY OF CONTRACT DOCUMENTS,
COUNTERPARTS: The parties agree that the Contract between them shall be evidenced
by a single executed Contract upon which each of them shall place their signatures.
The Buyer and Seller by their signatures below hereby accept delivery of the contract
documents.
APPROVED AND EXECUTED THIS DAY OF , 2008.
SELLER:
THE H. ALLEN AND DORIS L. ROBINSON
REVOCABLE LIVING TRUST
TRUSTEE
TRUSTEE
4
BUYER:
CITY OF OWASSO
Stephen Cataudella, Mayor
ATTEST:
Sherry Bishop, City Clerk
APPROVED AS TO FORM:
Julie Lombardi, City Attorney
AGREEMENT
THIS AGREEMENT is entered into this day of November, 2008, by and
between THE CITY OF OWASSO, OKLAHOMA ( "City ") and TULSA TECHNOLOGY
CENTER SCHOOL DISTRICT a /k/a TULSA TECHNOLOGY CENTER ( "School ").
RECITALS:
A. City is under contract to purchase two tracts of real estate immediately adjoining
the site of the School's planned Owasso campus (the "Property ") The Property is more
particularly described on Exhibit "A ", attached hereto and incorporated herein.
B. The School wishes to acquire the Property as an addition to its planned Owasso
campus.
C. City wishes to convey the Property to the School as a gift, as authorized by Okla.
Stat. tit. 11, Sec. 22 -125, and the School District wishes to accept City's gift on the terms and
under the conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, and
intending to be legally bound, the parties agree as follows:
I.
AGREEMENT TO CONVEY REAL PROPERTY AS CHARITABLE CONTRIBUTION
1. City agrees to convey the Property to the School, and the School agrees to accept
such conveyance and acquire the Property from the City. As used herein, the term "Property"
shall be deemed to mean all the real property described herein, including: all of City's interest in
all rights, easements, ways, licenses, permits, warranties or privileges located thereon,
appurtenances thereunto belonging or in any way appertaining thereto or used in connection
therewith.
2. City shall convey to the School marketable title to the Property, free and clear of
all liens and encumbrances, except the following Permitted Encumbrances:
(a) General ad valorem taxes (not special assessments), although
recognizing that the City is not subject to the payment of ad
valorem other taxes;
(b) Easements, restrictions and rights -of -way, of record; and
(c) City's reversionary interest described herein.
II.
TITLE AND SURVEY
1. Title Commitment. The City shall furnish to the School a commitment to issue
an owner's policy of title insurance on standard ALTA form issued by a title insurance company
reasonably acceptable to the School (the "Title Commitment "). The School's obligation to
accept conveyance of the Property is contingent upon the Title Commitment showing fee simple
record title in the City's grantors, subject only to the Permitted Exceptions. The School's
attorneys shall have fifteen (15) days after receipt of the Title Commitment within which to
examine the Title Commitment and furnish City with written objections to the status of title.
City and the School shall cooperate, using their best efforts, to promptly satisfy all objections to
title and the requirements set forth in the Title Commitment. If, after best efforts, the parties are
unable to cure such title defects, the School shall either (a) accept such title as the City can
convey and close the transaction; or (b) terminate this Agreement and neither of the parties shall
have any further liability to the other.
2. Survey. The School may elect to obtain a current survey of the Property. If such
a survey is obtained, the School's obligation to accept conveyance of the Property is contingent
upon there being no encroachments or protrusions on the Property reflected in the survey and
any easements reflected in the survey not materially interfering with the School's reasonable use
and occupancy of the Property. The Special Warranty Deed to be delivered by the City to the
School at the closing shall recite the legal description of the Property as reflected in the survey.
M.
CLOSING
1. The closing hereunder shall take place at the offices of the title company (or at
such other place as to which City and the School agree). The closing date shall take place on or
about November 19, 2008.
2. At the closing, the following will take place concurrently:
(a) City will execute and deliver an appropriate Special Warranty
Deed ( "SWD ") conveying the Property to the School, subject only to the
Permitted Exceptions.
(b) City, or its grantors, will pay or provide evidence of prior payment
of ad valorem taxes against the Property for 2008 and prior years.
(c) City and its grantors will execute and deliver to the School the
usual non -lien affidavit and such additional documents and instruments which the
School's counsel and City's counsel may mutually determine are necessary or
desirable to the proper consummation of this transaction.
3. The School will pay all costs and expenses of closing including, without
limitation, recording fees, the title insurance premium, costs of obtaining and recording any title
curative documents and survey and abstracting expenses.
IV.
ENTRY UPON AND INSPECTION OF PROPERTY
The School shall have the right from time to time at reasonable times to inspect the
Property prior to closing. City will obtain permission from its grantors to allow third parties
reasonable access to the Property upon the request of the School to examine the Property for the
purposes of making appraisals, inspections or surveys and to conduct, or cause to be conducted,
test borings, soil analysis, topographical surveys and engineering studies. The School agrees to
be responsible for any damages or third -party liability resulting from said inspections and, upon
request, to provide copies of all inspection reports to the City.
V.
ENVIRONMENTAL INSPECTION
1. In addition, and without limiting the School's rights under the preceding Section
IV, the School shall have the right to investigate the Property, at the School's expense, to
determine its environmental condition and to verify the absence of any abandoned and
unplugged or improperly plugged oil or gas wells.
2. The School's environmental inspection, if undertaken, shall be performed by
independent experts and consultants selected by the School. Such investigation may include,
without limitation, document reviews, site inspections, sampling and analysis of soil and ground
water or such other activities as, in the opinion of the expert or consultant performing the
investigation, is necessary to determine the environmental condition of the Property. The results
of the investigation will be provided to City, upon request.
3. The obligation of the School under this Agreement is expressly conditioned upon
the fact that the Property is free from contamination by hazardous or toxic substances (as defined
in CERCLA, 42 U.S.C. §§ 9601, et seq., RCRA, 42 U.S.C. §§ 6901, et seq., or the regulations
implementing these Acts), and that no abandoned and unplugged or improperly plugged oil or
gas wells are located on the Property. Failure of this condition, as determined by the
environmental inspection described herein shall, at the option of the School, result in termination
of this Agreement. This condition shall be deemed satisfied by the School's acceptance of the
SWD at closing or if the School fails to notify City of its intent to terminate this Agreement for
failure of environmental conditions within thirty (30) days after the date hereof.
VI.
PERMITTED USE AND REVERSION
1. The Property shall become a part of the School's new Owasso campus and may
be used solely and exclusively for educational purposes. The School further agrees that, in
recognition of the gift of the Property, the School's new campus shall be identified with the City
through the use of the City's name in the name of the campus. It is understood and agreed that
the School shall construct upon the Owasso campus a joint use facility housing its own
educational programs and, through a lease with Tulsa Community College, a program of
instruction in higher education.
2. Subject to the provisions of Paragraph 3 of this Article VI, the Parties agree that
the City shall retain a right of entry to the Property with the power to terminate the Schools
ownership thereof in the event that (i) the School fails to commence construction of the Owasso
campus (and to diligently pursue completion thereof) within two (2) years after the date of the
conveyance of the Property to the School, or (ii) the School ever ceases to use the Property for
educational purposes including a program of post - secondary instruction. The City's right of entry
shall be exercised by written notice to the School describing the event giving rise thereto and
shall be effective one hundred eighty (180) days after receipt. The SAID delivered to the School
at closing shall convey the Property to the School in fee simple upon condition subsequent
reserving the City's right of entry as described herein.
3. The School shall have the option to purchase or terminate the City's right of entry
at any time before or after notice of exercise by the payment to the City of an amount equal to
the fair market value of the Property, less and except any improvements thereto. In the event
that the parties are unable to agree as to the fair market value of the Property, the value shall be
determined by arbitration in accordance with the rules of the American Arbitration Association.
Each party shall bear their own attorney's fees and expert witness fees and shall share the costs
of the arbitrator.
DATED this day of November, 2008.
CITY OF OWASSO, OKLAHOMA
By:
Name:
Title:
TULSA TECHNOLOGY CENTER SCHOOL
DISTRICT a /k/a TULSA TECHNOLOGY
CENTER
By:
President, Board of Education
EXHIBIT "A"
Legal Description of Property
1" Tract:
PART OF THE W/2 NW /4 SEA AND THE W/2 E/2 NW /4 SEA, SECTION 9,
TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. &M., FURTHER DESCRIBED
AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID W/2
NW /4 SE /3, SAID POINT BEING 174.5 FEET EAST OF THE NORTHWEST CORNER
THEREOF, THENCE S 0 000'38" E ALONG THE EASTERLY RIGHT -OF -WAY LINE
OF STATE HIGHWAY 169 A DISTANCE OF 892.35 FEET, THENCE S 2 049'22" E
ALONG SAID RIGHT -OF -WAY LINE 428.67 FEET TO A POINT ON THE SOUTH
LINE OF SAID W/2 NW /4 SEA, SAID POINT BEING 195.59 FEET EAST OF THE
SOUTHWEST CORNER THEREOF, THENCE N 89 059'43" E 796.86 FEET TO THE
SOUTHEAST CORNER OF SAID W/2 E/3 NW /4 SEA, THENCE N 0 002'35" W 1320.73
FEET TO THE NORTHEAST CORNER THEREOF, THENCE S 89 058'43" W 817.14
FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINING 24.6 ACRES
MORE OR LESS.
LESS AND EXCEPT:
COMMENCING FROM THE SOUTHEAST CORNER OF SAID NW /4 SE /4, THENCE S
88 044'40" W AND ALONG THE SOUTH LINE OF SAID NW /4 SEA A DISTANCE OF
330.75 FEET TO THE "POINT OF BEGINNING ", THENCE S 88 044'40" W AND
ALONG SAID SOUTH LINE A DISTANCE OF 796.66 FEET TO A POINT ON THE
EASTERLY RIGHT -OF -WAY OF - HIGHWAY 169; THENCE N 4 105'39" W AND
ALONG SAID EASTERLY RIGHT -OF -WAY A DISTANCE OF 427.45 FEET, THENCE
N 1 018'17" W AND ALONG SAID EASTERLY RIGHT -OF -WAY A DISTANCE OF
111.57 FEET, THENCE N 88 044'40" E A DISTANCE OF 817.20 FEET TO A POINT ON
THE WEST LINE OF THE E/2 E/2 NW /4 SEA, THENCE S 1 019'57" E AND ALONG
SAID WEST LINE A DISTANCE OF 538.50 FEET TO THE "POINT OF BEGINNING"
(the "PROPERTY ").
2 "d Tract:
TRACT A
A TRACT OF LAND SITUATED IN THE N/2 OF THE SEA OF SECTION 9,
TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. &M., TULSA COUNTY,
STATE OF OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING FROM THE NEA CORNER OF SAID N/2 SEA; THENCE
S 88 044'39" W AND ALONG THE NORTH LINE OF SAID N/2 SEA A DISTANCE OF
1057.71 FEET TO THE "POINT OF BEGINNING "; THENCE S 1 020'48" E A
DISTANCE OF 780.77 FEET; THENCE S 88 044'40" W TO A POINT ON THE WEST
LINE OF E/2 E/2 NW /4 SEA A DISTANCE OF 594.62 FEET; THENCE N 1 °19' 57" W
TO A POINT ON THE NORTH LINE OF THE N/2 SEA A DISTANCE OF 780.77 FEET;
THENCE N 88 044'39" E AND ALONG SAID NORTH LINE OF SAID N/2 SEA A
DISTANCE OF 594.43 FEET TO THE POINT OF BEGINNING; AND
TRACT B
A TRACT OF LAND SITUATED IN THE N/2 OF THE SEA OF SECTION 9,
TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE I.B. &M., TULSA COUNTY,
STATE OF OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID N/2 SEA
THENCE S 88 044'40" W AND ALONG THE SOUTH LINE OF SAID N/2 SEA A
DISTANCE OF 709.02 FEET; THENCE N 1 020'48" W TO A POINT ON THE NORTH
LINE OF THE S/2 S/2 NEA SEA A DISTANCE OF 329.82 FEET; THENCE N 88 044'40"
E AND ALONG SAID NORTH LINE A DISTANCE OF 708.69 FEET TO A POINT ON
THE EAST LINE OF SAID N /.2 SEA THENCE S 1 024'12" E AND ALONG SAID EAST
LINE A DISTANCE OF 329.82 FEET TO THE POINT OF BEGINNING.
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North
THIS MA-P IS FOR INFORMATION PURPOSE ONLY AND IS NOT INTENDED TO
'A Ri--,pFLEsE)-rr AN AccuitATra AND TRUE SCA-1,11- USE OF THIS N4-AP IS WITHOUT
I lA'lkRIkAN-TY OR RF-pvLF-sETqTA:ryoN BY CITY OF OWASSO OF ITS ACCURACY.
CITY OF OWASSO
I I I N. Main Street
P.O. Box 180
Owasso, OK 74055
918.376.1500