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HomeMy WebLinkAbout395_Amend Ord 326_Extending 1% SAles Tax to 2007.10.31BOOK 5137 PAGE 1657 753259 STATE OF OKLAHOMA TULSA COUNTY FILED OR RECORDED 88 NOV - 1 PM 4:04 JOAN HASTINGS TULSA COUNTY CLERK ORDINANCE NO. 395 HEREBY AMENDS ORDINANCE NO. 326, AS AMENDED, WHICH WAS AN ORDINANCE LEVYING AND ASSESSING A SALES TAX OF ONE PERCENT (1%) IN ADDITION TO PRESENT SALES TAXES UPON THE GROSS PROCEEDS OR GROSS RECEIPTS DERIVED FROM ALL SALES TO ANY PERSON TAXABLEUNDER THE SALES TAX LAW OF OKLAHOMA, INCLUDING BUT NOT LIMITED TO, CERTAIN ENUMMERATED SALES LISTED THEREIN; PROVIDING FOR THE PRUPOSE OF THE ONE PERCENT (1%) SALES TAX; PROVIDING EXEMPTIONS EXEMPTED FROM THE SALES TAX LAW OF OKLAHOMA, INCLUDING BUT NOT LIMITED TO, CERTAIN ENUMERATED EXEMPTIONS LISTED THEREIN,; PROVIDING FOR THE ADMINISTRATION AND COLLECTION FO TAX, REQUIRING THE FILING OR RETURNS; PROVIDING FOR INTEREST AND PENALTIES FOR FAILURE TO PAY TAX WHEN DUE; PROVIDING FOR TAXPAYER TO KEEP RECORDS; REQUIRING VENDORS TO COLLECT TAX FROM PURCHASER AT TIME OF SALE; ESTABLISHING LIENS; AUTHORIZING THE CITY COUNCIL TO MAKE ADMINISTRATION AND TECHINICAL CHANGES AND ADDITIONS, EXCEPT TAX RATE; MAKING THE TA CUMULATIVE; PROVIDING SEVERABILITY OF PROVISIONS; REQUIREING APPROVAL OF ORDINANCE BY MAJORITY OF REGISTERED VOTERS VOTING AT AN ELECTION HELD FOR SUCH PRUPOSE AS PROVIDED BY LAW; AND FIXING THE EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: Section 1. That the ordinance heretofore passed by the Council of the City of Owasso, Oklahoma (the "City "), numbered Ordinance Number 326, as amended, providing for the levying and assessing of a sales tax of one percent (1 %) in addition to present sales taxes upon the gross proceeds or gross receipts derived from all sales to any person taxable under the sales tax law of Oklahoma, including but not limited to certain enumerated sales listed therein; providing for the purpose of the one percent (1 %) sales tax; providing exemptions exempted from the sales tax law of Oklahoma, including but not limited to, certain enumerated exemptions listed therein; providing for the administration and collection of tax; requiring the filing of returns; providing for interest and penalties for failure to pay tax when due; providing for taxpayer to keep records; requiring vendors to collect tax from purchaser at time of sale; establishing liens; authorizing the City Council to make administration and technical changes and additions, except tax rate; making the tax cumulative; providing severability of provisions; requiring approval of ordinance by majority of registered voters voting at an election held for such purpose as provided by law; and fixing effective date, should be and same is hereby amended insofar as Sections Three (3) and Four (4) thereof are concerned to read as follows, to wit: BOOK 5137 PAGE 1658 "Section 3. Effective Date and Termination. This Ordinance shall become effective on November 1, 1988, subject to approval of a majority of the registered voters of the City of Owasso voting on the same in the manner prescribed by law; provided that upon approval by the voters as required above, this Ordinance shall remain in effect until October 31, 2007." "Section 4. Purpose. It is hereby declared to be the purpose of this Ordinance to provide revenues for the purpose of placing such revenues in the Debt Service Fund of the Owasso Public Works Authority (the "Authority ") to be used to pay the principal and interest requirements on the 1988 Revenue Bonds issued by the Authority through October 31, 2007, and to continue to make deposits to the Sinking Fund on the outstanding General Obligation Bonds of 1983 of the City through August 31, 1992, and thereafter for making deposits in an amount equal to fifteen percent (15 %) of the proceeds of said one percent sales tax to the Capital Future Fund of the City for the purposes of funding future capital improvement projects of the City as authorized by the voters of said City in an election called for that purpose. All revenues generated from said one percent sales tax must be restricted for the use of capital projects only; said projects to be reviewed by the Capital Improvements Committee, approved by the City Council, with oversight given thereto by the Citizens' Watchdog Committee, which shall be established by the City Council, and subject to competitive bidding as required by law. Any additional indebtedness incurred by the City and /or the Authority utilizing said one percent sales tax must be approved by a majority of the registered, qualified voters of the City, voting at periodic elections for such purposes." Section 2. That all other provisions of the above referred to Ordinance No. 326, as amended shall remain in full form and effect and be unaffected by the terms hereof. PASSED AND APPROVED this 18th day of August 1988. Mayor (SEAL) ATTEST: City Clerk Affidavit Of Publication STATE OF OKLAHOMA, TULSA COUNTY, as: Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is the publisher of the Owasso Reporter a weekly newspaper printed inthe City of Tulsa Tulsa County, Oklahoma, a newspaper qualified to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1983 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto, was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the following dates: August 25, 1988 Subscribed and sworn to before Notary Public September 13, 1991 My Commission expires: PUBLISHER'S FEE $87.35 Published in the Owasso Reporter, c,w,.n , Tulsa County, Oklahoma, August 25, 1988. ORDINANCE NO- 395 HEREBY AMENDS ORDINANCE NO. 326, AS AMENDED, WHICH WAS AN ORDINANCE LEVYING AND ASSESSING A SALES TAX OF ONE PERCENT (196) IN ADDITION TO PRESENT SALES TAXES UPON THE GROSS PROCEEDS OR GROSS RECEIPTS DERIVED FROM ALL SALES TO ANY PERSON TAXABLE UNDER THE SALES TAX LAW OF OKLAHOMA, INCLUDING BUT NOT LIMITED TO, CERTAIN ENUMER- ATED SALES LISTED THEREIN; PROVIDING FOR THE PURPOSE OF THE ONE PERCENT (1 %) SALES TAX; PROVIDING EXEMPTIONS EXEMPTED FROM THEE U ➢I AX LAW O OKLAHOMA, CERTAIN BUT NOT LIMITED TO, ENUMERATED EXEIv1PTIONS LIST- ED THEREIN; PROVIDING FOR THE ADMINISTRATION AND COL- LECTION OF TAX; REQUIRING THE FILING OF RETURNS; PROVIDING FOR INTEREST AND PENALTIES FOR FAILURE TO PAY TAX WHEN DUE; PROVIDING FOR TAXPAYER TO KEEP RECORDS; REQUIRING VENDORS TO COLLECT TAX FROM PURCHASER AT TIME OF SALE; ESTABLISHING LIENS; AUTHORIZ- ING THE CITY COUNCIL TO MAKE ADMINISTRATION AND TECHNI- CAL CHANGES AND ADDITIONS, EXCEPT TAX RATE; MAKING THE TAX CUMULATIVE; PROVIDING SEVERABILITY PROVISIONS; REQUIRING APPROVALL OFORDI- NANCE BY MAJORITY OF REGIS- TERED VOTERS VOTING AT AN ELECTION HELD FOR SUCH PURPOSE AS PROVIDED BY LAW; AND FIXING THE EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: S. thou 1. That the ordinance heretofoe, passed by the Council of the City of Owasso, Oklahoma (the "City'), numbered Ordinance Number 326, as amended, providing for the levying and lamming of a Balsa tax of one percent (1 %) in addition to present Bales taxes upon the gross proceeds or gross receipts derived from all salsa to any person taxable under the Bales tax law of Oklahoma, including but not limited to certain enumerated sales listed therein; providing for the pmpoaa of the one percent (1 %) Bales tax; providing exemptions exempted from the sales tax law of Oklahoma, including but not limited to, certain enumerated exemptions listed therein; providing for the administration and collection of tax; requiring the filing of returns; providing for interest and penalties for failure to pay tax when due; providing for taxpayer to keep records; requiring vendors to collect tax from purchaser at time of sale; establishing hem; authorizing the City Council to make administration and technical changes and additions, except tax rate; making the tax cumulative; providing —king of provisions; requiring approval of ordinance by majority of registered voters voting at an election held for such purpose as provided by law; and feting effective date, should be and same is hereby amended imofar as sections Three (3) end Four (4; thereof are concerned to read Be follows, to, wit: "Section 8. Effective Date Bud Termination. This Ordinance shall become effective on November 1, 1988, subject to approval of a majority of the registered voters of the City of Owasso voting on the same in the manner prescribed by law; providing that upon approval by the voters as required above, this Ordinance shall remain in effect until October 31, 2007.° "Section 4. Purpose. It is hereby declared to be the purpose of this Ordinance to provide revenues for the purpose of placing such revenues in the Debt Service Fund of the Owasso Public Works Authority (the Authority) to be used to pay the principal and interest requirements on the 1988 Revenue Bonds issued by the Authority through October 31, 2007, Bud to continue to make deposits to the Sinking Fund on the outstanding General Obligation Bonds of 1983 of the City through August 31, 1992, and thereafter for making deposits in an amount equal to fifteen percent (15 %) of the proceeds of said one percent sales tax to the Capital Future Fund of the City for the purposes of funding future capital improvement projects of the City as authorized by the voters of said City in an election called for that purpose. All revenues generated from said one percent sales tax must be restricted for the use of capital projects only; said projects to be reviewed by the Capital Improvements Committee, approved by the City Council, with oversight given thereto by the Citizens Watchdog Committee, which shall be established by the City Council, Bud subject to competitive bidding as required by law. Any additional indebtedness incurred by the City and/or the authority utilizing said one NNpercent Bales tax must be approved by a majority of the registered, qualified voters of the City, voting at periodic elections for such purposes. section 2. That all other provisions of the above referred to Ordinance No. 326, Be amended shall remain in full form and effect and be unaffected by the terms hereof. PASSED AND APPROVED this 18th day of August, 1988. /s/ Stacy P. Lamb Mayor (SEAL) ATTEST: /a/ Jane Buchanan City Clerk Affidavit Of Publication E OF OKLAHOMA, TULSA COUNTY, ss: R. Retherford, of lawful age, being duly sworn lthorized, says that he is the publisher of the ............ asso Reporter ............................. ............................... a weekly aper printed in the City of ... Tulsa ...................... County, Oklahoma, a newspaper qualified to h legal notices, advertisements and publications as ed in Section 106 of Title 25, Oklahoma Statutes 1971 63 as amended, and thereafter, and complies with er requirements Of the laws of Oklahoma with Ice to legal publications. said notice, a true copy of which is attached was published in the regular edition of said per during the period and time of publication and supplement, on the following dates: ust 25th 196....................... led and sworn to before meithhjs ..... ............. �:...9u.�iuSt .............. ..................... . J ....,196..8 . Notary Public Se tanber 13, 1991 mission eXjllres:... ...P. ....... ............................... PUBLiSHER'S FEE $..284..65 Published in the Owasso Reporter, Owasso Tulsa County., Oklahoma, August 25, 1988. THE CITY COUNCIL OF THE CITY OF OWASSO, STATE OF OKLAHOMA, MET IN SPECIAL SESSION IN THE COUNCIL CHAMBERS AT THE CITY HALL IN SAID CITY ON THE 18TH DAY OF AUGUST, 1988, AT 7:00 O'CLOCK P.M. PRESENT: Stacey P. Lamb, Patricia Marlar, John P. Phillips and Mark Thompson ABSENT: Von Stocker Notice of this special meeting having been given in writing to the Clerk of the municipality, for"ght (48) boom prior to such meeting and public notice of this meeting having been posted in prominent view at the City Hall, 207 South Cedar, Owasso, Oklahoma, twenty -fomr (24) hours prior to this meeting, excluding Saturdays, Sundays and legal holidays, all in compliance with the Oklahoma Open Meeting Act (Other Proceedings) THEREUPON, the Mayor introduced a Resolution, and upon motion by Phillips, seconded by Thompson, said Resolution i adopted by the following vote: AYS:: Lamb, Marlar, Phillips and Thompson. NAY: None Said Resolution was thereupon signed by the Mayor, attmted by the Clerk, sealed with the see] ofesid municipality, and is as follows: RESOLUTIONNO. W12 A RESOLUTION AUTHORIZING THE CALLING AND HOLDING OF AN ELECTION IN THE CITY OF OWASSO, STATE OF OKLAHOMA, FOR THE PURPOSE OF SUBMIT- TING TO THE REGISTERED QUALIFIED ELECTORS OF SAID CITY THE QUESTIONS OF THE ISSUANCE OF THE REVENUE BONDS OF THE OWASSO PUBLIC WORKS AUTHORITY IN THE SUM OF TWO MILLION SEVEN HUN- DRED THOUSAND DOLLARS ($2,700,000) TO PROVIDE FUNDS FOR THE PURPOSE OF CON. STRUCTING STREET IMPROVE. MENTS TO 86TH STREET; OF THE ISSUANCE OF THE REVENUE BONDS OF SAID AUTHORITY IN THE SUM OF FOUR HUNDRED THOUSAND DOLLARS ($400,000) TO PROVIDE FUNDS FOR THE PURPOSE OF CONSTRUCTING ADDITIONAL STREET IMPROVE. OOFNTHE THROUGHOUT ISSUANCE SAID OF THE REVENUE BONDS OF SAID AUTHORITY IN THE SUM OF FIVE HUNDRED FIFTEEN THOUSAND DOLLARS ($515,000) TO PROVIDE FUNDS FOR THE PURPOSE OF ACQUIRING IMPROVEMENTS TO BE MADE BY THE CITY FOR STORM SEWER AND DRAINAGE SYSTEMS TO BE OWNED EXCLU- SIVELY BY THE CITY; OF THE ISSUANCE OF THE REVENUE BONDS OF SAID AUTHORITY IN THE SUM OF THIRTY FIVE THOUSAND DOLLARS ($35,000) TO, PROVIDE FUNDS FOR THE PURPOSE OF PURCHASING FIRE- FIGHTING EQUIPMENT TO BE OWNED EXCLUSIVELY BY THE CITY; OF THE ISSUANCE OF REVENUE BONDS OF SAID AUTHORITY IN THE SUM OF FIFTY THOUSAND DOLLARS ($60,000) TO PROVIDE FUNDS FOR THE PURPOSE OF ACQUIRING, CON- " STRUCTING AND EQUIPPING AN ANIMAL IMPOUNDMENT FACILITY TO BE OWNED EXCLUSIVELY By THE CITY; OF THE ISSUANCE OF REVENUE BONDS OF SAID AUTHORITY IN THE SUM OF FOUR HUNDRED FORTY THREE THOU- SAND -DOLLARS ($443,000) TO PROVIDE FUNDS FOR THE PUR- POSE OF ACQUIRING, CONSTRUC- TING, RENOVATING AND EQUIP- PING CERTAIN RECREATIONAL FACILITIES TO BE OWNED EXCLU. SIVELY BY THE CITY; OF THE APPROVAL OR REJECTION OF ORDINANCE NO. 395 OF THE CITY RELATING TO THE EXTENSION OF THE ONE PERCENT (1 %) SALES TAX ESTABLISHED PURSUANT TO ORDINANCE NO. 326, AS AMEN- DED, OF THE CITY AND DEFINING THE PURPOSE FOR SUCH TAX; AND DECLARING AN EMERGENCY. WHEREAS, it is deemed advisable by the City of Owasso, State of Oklahoma (the City") to make certain street improve- ment" throughout of the City, improve the storm sewer and drainage system, pur- chase firefighting equipment, acquire, construct and equip an animal impound- ment facility 'and acquire, construct, renovate and equip certain recreational facilities of the City, and , WHEREAS, the Owasso Public Works " Authority(the Authority) intends toisaua revenue bonds in a sufficient amount in order to have funds available to finance such improvements set forth hmem and to Provide for the retirement of certain existing indebtedness of the Authority; and WHEREAS, it is deemed advisable to extend the one percent 0 %) sales tax established by Ordinance No. 326, as amended of the City and provide that the proceeds thereof be need to pay principal and interest on the bonds referenced herein and to provide capital improvements under certain circumstances for the City; and WHEREAS, the estimated amounts nee. esaary for such purposes are Three Million One Hudnred Thousand Dollars ($3,100,000) for street improvements, Five Hundred Fifteen Thousand Dollars ($515,000) for the atom sewer and drain- age system, Thirty -Five Thousand Dollars ($35,000) for firefighting equipment, Fifty Thousand Dollars ($50,000) for the animal impoundment facility and Four Hundred Forty -Three Thousand ($443,000) for recreational facilities; and WHEREAS, power is granted said Authority under Title 60, Oklahoma Statutes, Section 176 et seq., to issue revenue bonds to provide foods for such purpWea. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Owama, State of Oklahoma: SECTION 1. That the Mayor of said City be, and he is hereby authorized and directed to call a special elation to be held in said City on the 4th day of October, 1988, for the purpose of submitting to the registered qualified voters thereof the following propositions: PROPOSITIONNO.I "SHALL THE OWASSO PUBLIC WORKS AUTHORITY INCUR AN INDEBTEDNESS BY ISSUING ITS REVENUE BONDS IN SUCH SUM NECESSARY TO NET TWO MIL- LION SEVEN HUNDRED THOU- SAND DOLLARS ($2,700,000) TO PROVIDE FUNDS FOR THE PUR. POSE OF CONSTRUCTING STREET IMPROVEMENTS TO 86TH STREET WITHIN THE CITY OF OWASSO, OKLAHOMA?" EXPLANATORYNOTE Unless Proposition No. 7 providing for an extension of the One Percent Sales (Excise) Tax is approved by a majority of the registered qualified voters, voting at the election for such purpose, the Revenue Bonds provided in the above Proposition No. 1 WILL NOT BE ISSUED. PROPOSITION NO.2 "SHALL THE OWASSO PUBLIC WORKS AUTHORITY INCUR AN INDEBTEDNESS BY ISSUING ITS REVENUE BONDS IN SUCH SUM NECESSARY TO NET FOUR HUN- DRED THOUSAND DOLLARS ($400,000) TO PROVIDE FUNDS FOR THE PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS TO MAIN STREET, 76TH STREET AND VARI- OUS RESIDENTIAL STREETS WITHIN THE CITY OF OWASSO, OKLAHOMA?" EXPLANATORYNOTE Unless Proposition No. 7 providing for an extension of the One Percent Sales (Excise) Tax is approved by a majority of the registered qualified voters, voting at the election for such purpose, the Revenue Bonds provided in the above Proposition No. 2 WILL NOT BE ISSUED. PROPOSITIONNO, e °SHALL THE OWASSO PUBLIC WORKS AUTHORITY ITY INCUR INDEBTEDNESS By ISSUING ITS REVENUE BONDS IN SUCH SUM NECESSARY TO NET FIVE HUN- DRED FIFTEEN THOUSAND DOL- LARS ($515,000) TO PROVIDE FUNDS FOR THE PURPOSE OF ACQUIRING IMPROVEMENTS TO BE MADE BY THE CITY FOR STORM SEWER AND DRAINAGE SYSTEMS TO BE OWNED EXCLU. SIVELY BY SAID CITY, COMMONLY REFERRED TO AS THE NORTH OWASSO DRAINAGE STUDY AND THE ORIGINAL TOWN DRAINAGE PROJECTS?" EXPLANATORY NOTE Unless Preposition No. 7 providing for an extension of the One Percent Sales (Excise) Tax is approved by a majority of the registered qualified voters, voting at the election for such purpos the Revenue Bonds provided in the e, above Propaeitim No. 3 WILL NOT BE ISSUED. "SHALL RTOHPEE OWASSO PUBLIC WORKS AUTHORITY INCUR AN INDEBTEDNESS BY. IS ITS REVENUE BONDS IN SUCH SUM NECESSARY TO NET THIRTY -FIVE THOUSAND DOLLARS ($35,000) TO PROVIDE FUNDS'FOR THE PURPOSE OF PURCHASING FIRE. FIGHTING EQUIPMENT TO BE OWNED EXCLUSIVELY BY SAID CITY"' EXPLANATORYNOTE Unless Proposition No. 7 providing for an extension of the One Percent Sales (Excise) Tax is approved by a majority of the registered qualified voters, voting at the election for such purpose, the Revenue Bonds provided in the above Proposition No. 4 WILL NOT BE ISSUED. PROPOSITION NO.5 "SHALL THE OWASSO PUBLIC WORKS AUTHORITY INCUR AN INDEBTEDNESS BY ISSUING ITS REVENUE BONDS IN SUCH SUM NECESSARY TO NET FIFTY THOU- SAND DOLLARS ($50,000) TO PROVIDE FUNDS FOR THE PUR- POSE OF ACQUIRING, CONSTRUC- TING AND EQUIPPING AN ANIMAL IMPOUNDMENT- FACILITY TO BE OWNED EXCLUSIVELY BY SAID CITY?" EXPLANATORYNOTE Unless Proposition No. 7 providing for an extension of the One Percent Sales (Excise) Tax is approved by a majority of the registered qualified voters, voting at the election for such purpose, the Revenue Bonds provided in the above Proposition No. 5 WILL NOT BE ISSUED. PROPOSITIONNO.8 "SHALL THE OWASSO PUBLIC WORKS AUTHORITY INCUR AN INDEBTEDNESS BY ISSUING ITS REVENUE BONDS IN SUCH SUM I NECESSARY TO NET FOUR HUNDRED FORTY -THREE THOU- • SAND DOLLARS ($443,000) TO PROVIDE FUNDS FOR THE PURPOSE OF ACQUIRING, CON- STRUCTING, RENOVATING AND EQUIPPING CERTAIN RECRE- ATIONAL FACILITIES TO BE OWNED EXCLUSIVELY BY SAID CITY?" EXPLANATORYNOTE Unless Proposition No. 7 providing for an extension of the One Percent Sales (Excise) Tax is approved by a majority of the registered qualified voters, voting at the election for such purpose, the Revenue Bonds provided in the above Proposition No. 6 WILL NOT BE ISSUED. PROPOSITION NO. 7 "SHALL ORDINANCE NO. 395 OF THE CITY OF OWASSO BE APPROV- ED, WHICH ORDINANCE EXTENDS FROM SEPTEMBER 1, 1992 TO OCTOBER 31, 2007, THE TERMIN- ATION DATE OF THE ONE PERCENT SALES (EXCISE) TAX LEVIED BY ORDINANCE NO. 326, AS AMENDED OF THE CITY OF OWASSO AND PROVIDES THAT THE PROCEEDS DERIVED FROM SUCH ONE PERCENT SALES (EXCISE) TAX SHALL BE USED TO MAKE DEPOSITS TO THE DEBT SERVICE FUND OF THE OWASSO PUBLIC WORKS AUTHORITY FOR THE PURPOSE OF PAYING THE PRINCIPAL AND INTEREST ON THE 1988 REVENUE BONDS TO BE ISSUED PURSUANT TO PROPO- SITION NO. 1, PROPOSITION NO. 2, PROPOSITION NO. 3, PROPOSITION NO. 4, PROPOSITION NO. 5 AND PROPOSITION NO. 6 ABOVE AND TO CONTINUE TO MAKE DEPOSITS TO THE SINKING FUND ON THE OUTSTANDING GENERAL OBLIGA. TION BONDS OF 1983 THROUGH JUNE 30, 1992, AND THEREAFTER FOR MAKING DEPOSITS IN AN AMOUNT EQUAL TO FIFTEEN PERCENT (15 %) OF THE PROCEEDS OF SAID ONE PERCENT SALES (EXCISE) TAX TO THE CAPITAL FUTURE FUND OF THE CITY FOR THE PURPOSE OF FUNDING FUTURE CAPITAL IMPROVEMENT PROJECTS OF THE CITY OF OWASSO AS AUTHORIZED BY THE VOTERS OF SAID CITY IN AN ELECTION CALLED FOR THAT PURPOSE; AND REQUIRING SAID REVENUES GENERATED FROM SAID ONE PERCENT SALES TAX TO BE RESTRICTED FOR THE USE OF CAPITAL PROJECTS ONLY, WITH SAID PROJECTS TO BE REVIEWED BY THE CAPITAL IMPROVEMENTS COMMITTEE, APPROVED BY THE CITY COUNCIL, WITH OVERSIGHT GIVEN THERETO BY THE CITIZENS' WATCHDOG COMMIT- TEE, WHICH SHALL BE ESTAB- LISHED BY THE CITY COUNCIL, SUBJECT TO COMPETITIVE BID- DING AS REQUIRED BY LAW, WITH ANY ADDITIONAL INDEBTEDNESS INCURRED BY THE CITY AND /OR TI4E AUTHORITY UTILIZING SAID ONE PERCENT -SALES TAX REQUIRING APPROVAL BY THE MAJORITY OF THE REGISTERED, QUALIFIED VOTERS OF THE CITY, VOTING AT PERIODIC ELECTIONS FOR SUCH PURPOSES?" SECTION 2. The specific project for which all of the proceeds of the aforesaid $2,700,000 revenue bonds to be issued for street improvements shall be expended and the dollar amount of proceeds to be spent on such project shall be as follows: 86th Street Improvements $2,700,000 SECTIONS. That the specific project, for which all of the proceeds of the aforesaid $400,000 revenue, bonds to be issued for street improvements shall be expended and the dollar amount of proceeds to be spent on such project shall be as follows: a 3- year Resid ential ntial Street Overlay. $160,000 (b) 76th Street Improvements. $150,000 (c) Main Street Renovation. -$100,000 $490,000 SECTION 4. The specific project for which all of the proceeds of the aforesaid $515,000 revenue bonds to be issued for atom sewer and drainage system improvements shall be expended and the dollar amount of such project shall be as follows: (a) North Owasso Drainage Study. $15,000 (b) Origial Town Drainage Projeets. $500,000 $515,000 SECTION 5. The specific project for which all of the proceeds of the aforesaid $35,000 revenue bonds to be issued for firefighting equipment shall be expended and the dollar amount of such project shall be as follows: Purchase a radio /communication system for the City of Owasso Fire Department. $35,000 SECTION 6. The specific project for which all of the proceeds of the aforesaid $50,000 revenue bonds to be issued for the construction of an animal impoundment facility shall be expended and the dollar amount crouch project shall be as follows: Acquisition, construction and equip- ping of an animal impoundment facility. $50,000 SECTION 7. That the specific project for which all of the proceeds of the $443,000 revenue bonds to be issued for the acquisition, construction and renovation of various recreational facilities shall be expended and the dollar amount of such project shall be m follows: . (a) Recreation Center renovation. $33,000 (b) Acquire North Open Space/Sports Complex. $270,000 (c) Acquire, construct and equip a Bmeball/Soccer Complex. $120,000 (d) Replace the lighting system at the Rodeo Grounds. $20,000 $443,000 SECTION 8. That such call for said election shall be by proclamation, signed by the Mayor and attested by the City Clark, setting forth the propositions to be voted upon and the hours of opening and closing of the polls. That the ballots shall set forth the propositions to be voted upon sub- stantially as set out in Section 1 hereof, and that the returns of said election shall be made to and canvassed by the Tulsa County Election Board. ' SECTION 9. That by reason of said City being in need of certain street improve- ments, and without adequate storm sewer and drainage systems, firefighting equip- ment, animal impoundment facilities and recreational facilities it is deemed and hereby declared necessary for the pre- servation of the public health, peace and safety that this resolution shall become operative immediately; wherefore, an emergency is hereby declared to exist and this Resolution No. 88 -12 shall be in full force and effect immediately from and after its passage and approval. PASSED AND APPROVED this 18th day of August, 1988. /s/ Stacy P. Lamb Mayor (SEAL) ATTEST: /s/ Jane llucham n City Clerk STATE OF OKLAHOMA) )SS COUNTYOFTULSA ) I, the undersigned, the duly qualified and acting Clerk of the City of Owasso, Oklahoma, hereby certify that the foregoing is a true and complete copy of Resolution No. 88 -12 authorizing the calling and holding of an election for the purpose therein set out adopted by the governing body of a special meeting thereof .duly held on the date therein set out insofar as the same relates to the introduction, reading and adoption thereof as the acme appears of record in my office. I further certify that attached hereto are true and complete copies of the notice given to the City Clerk of Owasso, Oklahoma, at least forty -eight (48) hours prior to the meeting at which said Resolution was adopted; and of public notice posted at the City Hall, 207 South Cedar, in said mum - cipality twenty-four (24) hours prim to said meeting, excluding Saturdays, Sundays and legal holidays. WITNESS my hand and seal this 18th day of August, 1988. /a/ Jane Buchanan City Clerk (SEAT.) Affidavit Of Publication STATE OF OKLAHOMA, TULSA COUNTY, ss: Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is the publisher of the Owasso Reporter a weekly newspaper printed in the City of . Tulsa Tulsa County, Oklahoma, a newspaper qualified to Publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1983 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto, was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the following dates: Au st 25th 198.8k 25th Subscribed and swornto before me August 8 dayof Notary Public Se tenber 13, 1991 My Commission expires: PUBLISHER'SFEE $87 ,35 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, August 25, 1988. ORDINANCE NO. 396 HEREBY AMENDS ORDINANCE NO. 326, AS AMENDED, WHICH WAS AN ORDINANCE LEVYING AND ASSESSING A SALES TAX OF ONE PERCENT (1 %) IN ADDITION TO PRESENT SALES TAXES UPON THE GROSS PROCEEDS OR GROSS RECEIPTS DERIVED FROM ALL SALES TO ANY PERSON TAXABLE UNDER THE SALES TAX LAW OF OKLAHOMA, INCLUDING BUT NOT LIMITED TO, CERTAIN ENUMER- ATED SALES LISTED THEREIN; PROVIDING FOR THE PURPOSE OF THE ONE PERCENT (1 %) SALES TAX; PROVIDING EXEMPTIONS EXEMPTED FROM THE SALES TAX LAW OF OKLAHOMA, INCLUDING BUT NOT LIMITED TO, CERTAIN ENUMERATED EXEMPTIONS LIST- ED THEREIN; PROVIDING FOR THE ADMINISTRATION AND COL- LECTION OF TAX; REQUIRING THE FILING OF RETURNS; PROVIDING FOR INTEREST AND PENALTIES FOR FAILURE TO PAY TAX WHEN DUE; PROVIDING FOR TAXPAYER TO KEEP RECORDS; REQUIRING VENDORS TO COLLECT TAX FROM PURCHASER AT TIME OF SALE; ESTABLISHING LIENS; AUTHORIZ- ING THE CITY COUNCIL TO MAKE ADMINISTRATION AND TECHNI- CAL CHANGES AND ADDITIONS, EXCEPT TAX RATE; MAKING THE TAX CUMULATIVE; PROVIDING SEVERABILITY OF PROVISIONS; REQUIRING APPROVAL OF ORDI. NANCE BY MAJORITY OF REGIS. TERED VOTERS VOTING AT AN ELECTION HELD FOR SUCH PURPOSE AS PROVIDED BY LAW; AND FIXING THE EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: Section 1. That the ordinance heretofore passed by the Council of the City of Owasso, Oklahoma (the "City"), numbered Ordinance Number 326, as amended, Providing for the levying and assessing of a Balm tax of one percent (1 %) in addition to prment Balm taxes upon the gross proceeds or gross receipts derived from all Balm to any person taxable under the Bales tax law of Oklahoma, including but not limited to certain enumerated sales listed therein; providing for the purpose of the one percent (1 %) Bales tax; providing exemptions exempted from the Bales tax law of Oklahoma, including but not limited to, certain enumerated exemptions listed therein; providing for the administration and collection of tax; requiring the filing of returns; providing for interest and penalties far failure to pay tax when due; Providing for taxpayer to keep record,; requiring vendors to collect tax from purchaser at time of 'Ile; establishing lines; authorizing the City Council to make administration and technical changes and additions, except tax rate; making the tax cumulative; providing 'everability of provisions; requiring approval of ordinance by majority of registered voters voting at an election held for such purpose as provided by law; and firing effective date, should be and same is hereby amended insofar as Sections Three (3) and Four (4) thereof am concerned to read as follows, to- wit: "Section 3. Effective Date and Termination. This Ordinance shall become effective on November 1, 1988, subject to approval of a majority of the registered voters of the City of Owasso voting on the same in the manner prescribed bylaw, providing that upon approval by the voters as required above, this Ordinance shall remain in effect until October 31, 2007." "Section 4. Purpose. It is hereby declared to be the purpose of this Ordinance to provide revenues for the purpose of placing such revenues in the Debt Service Fund of the Owosso Public Works Authority (the "Authority ") to be used to pay the principal and interest requirements on the 1988 Revenue Bonds issued by the Authority through October 31, 2007, and to continue to make deposits to the Sinking Fund on the outstanding General Obligation Bonds of 1983 of the City through August 31, 1992, end thereafter for making deposits in an amount equal to fifteen percent (15 %) of the proceeds of said one percent sales tax to the Capital Future Fund of the City for the purposes of funding future capital improvement projects of the City m authorized by the voters of said City in an election called for that purpose. All revenues generated from said one percent sales tax must be restricted for the use of capital projects only; said projects to be reviewed by the Capital Improvements Committee, approved by the City Council, with oversight given thereto by the Citizens' Watchdog Committee, which shall be established by the City Council, and subject to competitive bidding as required by law. Any additional indebtedness incurred by the City and/or the authority utilizing mid one percent sales tax meet be approved by a majority of the registered, qualified voters of the City, voting at periodic elections fm such purposes." Section 2. That all other provisions of the above referred to Ordinance No. 326, m amended shall remain in full form and effect and be unaffected by the terms hereof. PASSED AND APPROVED this 18th day of August, 1988. /a/ Stacy P. Lamb Mayor NN62