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HomeMy WebLinkAbout2004.03.09_City Council Agenda_SpecialPUBLIC NOTICE OF THE MEETING OF OWASSO CITY COUNCIL TYPE OF MEETING: Special DATE.: March 9, 2004 TIME: 6:00 p.m. PLACE: Owasso City Hall, Lower Level Conference Room 111 N. Main Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 PM on Friday, March 5, 2004. � l ' Juliann M. Stevens, Administrative Assistant RX6221M., Call to Order Mayor Cochran 2. Discussion relating to Public Works items Mr. Carr Attachment # 1 A. Elevated Water Tank bid process B. Tulsa County interlocal paving agreements 3. Discussion relating to Planning items Mr. Cuthbertson Attachment #2 A. Annexation items (2) B. Rezoning item C. Discussion Relating to Sexually Oriented Business Ordinance Amendment Owasso City Council March 9, 2004 Page 2 4. Discussion relating to Cemetery items Ms. Boutwell Attachment #3 A. Opening and closing fee review 5. Discussion relating to Museum items Ms. Boutwell Attachment #4 A. Museum policies and procedures 6. Discussion relating to Community Development items Mr. Wiles Attachment #5 A. CDBG 2001 Closeout B. CDBG 2004 Program C. Legislative Consortium Update 7, City Manager Items Mr. flay Attachment 46 A. Discussion relating to water system improvements B. Discussion relating to Ambulance 522 District C. Discussion relating to the Owasso Economic Development Authority Main Street improvement recommendations D. Discussion relating to a budget status report E. Discussion relating to a request from the Owasso Chamber of Commerce Owasso City Council March 9, 2004 Page 3 F. Discussion relating to Vision 2025 contracts G. Discussion relating to drainage in the Elm Creek Addition H. February Building Permit report Adjournment M PUBLIC ,, v DIRECTOR Put 1 N In February 2001, the Trustees approved Resolution 2001-03 adopting the 2001 Water Master flan as a statement of policy for extension, expansion and development of the City of Owasso municipal water system. The plan provided an evaluation of the existing water distribution system to adequately provide water under present daily and peak flow demands and included projections for the years 2005, 2010 and 2020. The evaluation determined the suitability of the water sources, pipelines, storage tanks, pumps and control valves to provide adequate pressures and flows. A key element of the plan was a 20-year Capital Improvement Program to provide for orderly infrastructure improvements, expansion and upgrading. The initial phase of system improvements is to increase water pressures within the distribution system and includes construction of a new 2.0 million gallon elevated water tank, water booster pump station to deliver water to the tank and transmission mains. A contract for engineering design services was awarded to Benham (Atkins -Benham at the time of contract award) in August 2002. The schedule of work was awarded with the goal of having all system components completed and operational by'rune 2005. Work on the total design is still- in progress, DiscTzss?ons have been held with the City of`Tulsa as to the location of connection to their system supplying water. At the present time, it appears that we will be connecting at North Memorial Drive and E. 106"' Street North. Design of the elevated tank has been completed. Since this portion of the system improvements requires the longest time of construction, it was determined to proceed with bidding at this time. Estimated construction time is four hundred and fifty (450) days from the date of notice to proceed. The tank is to be located approximately mid -way between North Mingo Road and North Garnett Road about one -quarter mile south of E. 106t' Street North on property donated by the Bailey Foundation. 1\ Page 2 Elevated Water Tank Bids for the elevated tank are to be submitted on March 18, 2004. In order to be consistent with the overall plan to have the system operational in June 2005, the award of this contract is expected to be made at the April 6, 2004 OPWA meeting. FUNDING SOURCE: Funding for this portion of the improvements is expected to be provided through the Tulsa County 2025 Plan. The estimated cost of construction is $2,000,000. 1. Concept drawing of the elevated water tank - � .� �: r � : 2 per x�i�^� t x^s _, x $ a. wr y,; '`7� CITY OF OWASSO March 3, 2004 Various street repair projects have been identified that should be given attention as a result of various stages of severe deterioration or inadequate construction quality. Projects have been identified at the following locations: Roadway overlay in Three Lakes Industrial Parr (E. 8 1 " Street North and N. 116th E. Avenue); Roadway overlay in Three Lakes Village (E. 84th Place North, N. 116"' E. Avenue and N. 1161h Place); and Roadway overlay in Villages of Silver Creek (E. 87"' Street North, E. 881h Terrace North, N. 144th E. avenue, N. 143d E. Avenue and E. $8th Place North); Costs to perform milling, base repairs and overlay of each location have been developed. Eacb identified project included estimated costs using a private romy'any for paving'and alternative costs using Tulsa County. Milling, base repairs and installation of paving fabric would need to be contracted due to the specialized nature of these activities. In order to reduce costs of construction of residential street repairs, 'Tulsa County has been asked in the past to provide construction equipment and labor to asphalt overlay streets, The attached Agreement provides for this work to be performed by Tulsa County under the following conditions: The City of Owasso shall provide all required materials and traffic control; Tulsa County shall provide all necessary labor and equipment to complete the project; and Duration of the .Agreement shall be for a period equal to the time necessary to complete the project. i Should the weather conditions stay warm, it is anticipated that milling and base course repairs of each street could be constructed in the near future. Installation of paving fabric and the asphalt Page 2 Interlocal Agreement with Tulsa County Pavement Overlay Projects overlay would be performed when Tulsa County personnel could be scheduled, but should be expected when temperatures stay consistently warm. FUNDING: Funding for these projects has not been included in the FY03-04 budget. Repairs to the streets in The Village of Silver Creek has been escrowed in the amount of $35,000. A supplemental appropriation from General Fund reserves would be necessary or the projects postponed until FY04-05. RIECOIL MENDATION: Staff recommends Council approval of the Interlocal. Agreement with Tulsa County for pavement overlay projects in Three Lakes industrial Park, Three Lakes Village and The Village of Silver Creek and authorize the Mayor to execute the Agreement. EXIVIN"UNWINAM 1. Interlocal. Agreement 2. Preliminary Cost Estimates 3. Location Maps FIMPNIUMMUM THIS AGREEMENT, made the day of , 2004, by and between the Board of County Commissioners of Tulsa County, Oklahoma, hereinafter called "COUNTY" and the City of Owasso, Tulsa County, Oklahoma, hereinafter called "CITY". WHEREAS, by virtue of 69 O.S. 1981, Section 1903, the Board of County Commissioners is authorized to enter into agreements with municipalities to construct, improve, and repair any of the streets of such municipalities, and; WHEREAS, the County is desirous of participating in projects and the provision of services mutually advantageous to the COUNTY and other units of government; THEREFORE, in consideration of the covenants and conditions hereinafter contained, the parties hereto agree as follows: 1. The duration of the Agreement shall be for a period equal to the time necessary to complete the projects described herein, based upon the COUNTY's work schedule. 2. The purpose of the Agreement shall be for: Roadway overlay in Three Fakes Industrial Dark (E. 8 1 " Street North and N. 1161h E. Avenue); ® Roadway overlay in Three fakes Village (E. 84th place North, N. 116' E. Avenue and N. 1161h Place); and Roadway overlay in Villages of Silver Creek (E. 87'h Street North, E. 88th Terrace Forth, N. 144th E. Avenue, N. 14 "' E. Avenue and E. 88th Place North); 3. The CITY shall provide for all required right-of-way, utility relocation, roadway milling, application of paving fabric, construction of the roadway fill and subbase, drainage system construction, maintenance and payment for all paving materials used by the COUNTY. 4. The COUNTY shall provide all labor and equipment required to complete the paving. 5. This Agreement shall be effective from and after the date of execution thereof and is intended only for the purpose detailed in Section 2 above. Page 2 Interlocal Agreement - City of Owasso and Tulsa County 6. The rights, duties and obligations under and arising from this Agreement shall not be assigned by either party hereto without the express written consent of the other. NBZM=A City Clerk Mayor Date: APPROVED AS TO FORM: Assistant District Attorney County Clerk DATE: BOARD OF COUNTY COMMISSIONERS TULSA COUNTY, OKLAHOMA Chairman MATERIAL ESTIMATES for Quantities and costs are based on typical road paving plans and design drawings for the project. Three Lakes Industrial Park Paving Materials 2" Type C A/C (585 tons) $12,870.00 Three Lakes Village Paviniz Materials 2" Type C A/C (514 tons) 11,615.00 The Village of Silver Creek Paving Materials 2" Type C A/C (720 tons) 15,815.00 mSTREET OVERLAY / REPAIR PROJECTvLv Premilinary Engineer's Estimate March-04 Silver Creek Village E 87th St N, E 88th Terr N , N 143rd E Ave, N 144th E Ave, E 88th PI N, (23'x2500°) County Installation Bid Item Description Unit Unit Cost Estimated Quantity Estimated Cost Cost Savin s 1 Type "C" Asphalt Ton $ 22.00 718.75 $ 15,812.50 $ 2,875.00 2 Paving Fabric SY $ 0.75 6389 $ 4,791.67 3 Paving Fabric Binder Gal $ 1.25 1278 $ 1,597.22 4 Tack Coat Gal $ 1.00 639 $ 638.89 5 2" Fill Width Mill Asphalt SY $ 1.50 6389 $ 9,583.33 6 2" Full Width Mill Concrete SY $ 3.25 $ - 7 Base Repair (Type 1) SY $ 72.00 75 $ 5,400.00 Subtotal $ 37,823.61 Three Lakes Village, E 84th PI N, E 84th Ct N , N 116th E Ave, N 116th PI, (22°x1920`) County Installation Bid Item Description Unit Unit Cost Estimated Quantity Estimated Cost Cost Savin s 1 Type "C" Asphalt Ton $ 22.00 528 $ 11,616.00 $ 2,112.00 2 Paving Fabric SY $ 0.75 4693 $ 3,520.00 3 Paving Fabric Binder Gal $ 1.25 939 $ 1,173.33 4 Tack Coat Gal $ 1.00 469 $ 469.33 5 2" Full Width Mill Asphalt SY $ 1.50 $ - 6 2" Full Width Mill Concrete SY $ 3.25 4693 $ 15,253.33 7 Base Repair (Type 1) SY $ 72.00 220 $ 15,840.00 Subtotal $ 47,872.00 Three Lakes Industrial Park, E 81 st St N, N 116th E Ave (36°x1300) County Installation Bid Item Description Unit Unit Cost Estimated Quantity Estimated Cost Cost Savin s 1 Type "C" Asphalt Ton $ 22.00 585 $ 12,870.00 $ 2,340,00 2 Paving Fabric SY $ 0.75 5200 $ 3,900.00 3 Paving Fabric Binder Gal $ 1.25 1040 $ 1,300.00 4 Tack Coat Gal $ 1.00 520 $ 520.00 5 2" Full Width Mill Asphalt SY $ 1.50 $ - 6 2" Full Width Mill Concrete SY $ 3.25 5200 $ 16,900.00 7 Base Repair (Type 1) SY $ 72.00 80 $ 5,760.00 Subtotal $ 41,250.00 Street Overby / Repair Project Total $ 126,945.61 $ 7,327.00 M CITY OF OWASSO 'C_'OMMUNITY DEVELOPMENT DEPARTMENI' OA 04-02 EM). X BACKGROUND The City of Owasso has received a request from the First Free Will Baptist Church, applicant/owner, for the annexation of approximately 42 acres, more or less. At this time it is our understanding the applicant is requesting this annexation petition in order to begin a process that will result in the development of facilities to the site which would include an addition to the existing church, private faith -based school and day care and the addition of senior housing and sports fields. The church would like to utilize HUD (U.S. Department of Housing and Urban Development) funding for the development of senior care housing. The applicant believes that it would improve their chances of receiving the grant if the property were inside a municipal boundary. LOCATION The property is located in the northwest comer of East 106th Street North and U.S. Highway 169. A general area map is attached for your review. EXISTMG LAND USE A church and private school currently occupies the site. PRESENT ZONING AG (Agricultural District) — Tulsa County SURROUNDWG ZONE% The subject property is surrounded by AG (Agricultural District) — Tulsa County on all sides except for Hwy 169 to the cast. Ff the property is annexed into the city the applicant will be required to follow normAT development procedures which would include rezoning, preliminary and final plat and site pl ceview. If annexed, any development proposed for the property would be required to meet J. Owasso Zoning Code and the Owasso Subdivision Regulations and any appropriate si - engineering standards as proscribed by Public Works including but not limited to paved stree- and sidewalks. The property is currently inside the City of Owasso sewer service area and wat is served by the Rural Water District #3 of Washington County. There are some development concerns with the site. Those include sidewalk acceleration/deceleration lanes, and sewer however with the intentions of the developer • - y.. •1'ffl-171r1t- 1 11 will be resolved during the development process. The applicant is aware that their entire s* must meet city standards before any additional development is permitted and/or finalized. T applicant is in the process of C-onnecting the site to City sewer. The Owasso 2010 Land Use Master Plan calls for high intensity commercial and institution (school) development to occur in that general area. Staff published legal notice of the annexation petition in the February 19, 2004 edition of V 0 2 1. Owasso Reporter and letters of notification were mailed to property owners within a 300 radiuv To this date staff has received no phone calls or correspondence concerning the request, RECOMMENDATION Staff recommends approval of OA 04-02 to annex the subject property into, the city limit :j iff Owasso. BEFORETHE HONORABLE CITY COUNCIL OF THE CITY OF OWASSO, OIL PETITION FOR ANNEXATION The members of the First Free Will Baptist Church of Owasso, 13413 East 106"' Street North, Owasso, Oklahoma, 74055, having a quomrn, met in business on August 24, 2003 (see attached), do seek annexation for the property hereinafter situated in TUIsu County, Oklahoma, to wit: t LOT ONE (1), BLOCK ONE (1), OWASSO FREEWILL BAPTIST CHURCH, A SUBDIVISION IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE/4 SIT/4) OF SECTION NINE (9), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST; AND A TRACT OF LAND THAT IS PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE/4 SW/4) OF SECTION NINE (9), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST, OF THE INDIAN BASE AND MERIDIAN, STARTING AT THE SOUTHWEST CORNER OF THE SE/4 SW/4 OF SAID SECTION 9; THENCE N 88' 44' 40" EAST ALONG THE SOUTHERLY LINE OF SAID SECTION 9 FOR 390.00 FEET; THENCE N 01' 13' 58" WEST AND PARALLEL WITH THE WESTERLY LINE OF THE SE/4 SW/4 FOR 71.42 FEET TO THE POINT OF BEGINNING OF SAID TRACT OF LAND; THENCE CONTINUING N 01' 13' 58" WEST AND PARALLEL WITH THE WESTERLY LINE OF SAID SE/4 SW/4 FOR 1002.52 FEET; THENCE N 88' 44' 37" EAST FOR 593.73 FEET; THENCE S 11' 12' 59" WEST, PARALLEL WITH AND 100.00 FEET WESTERLY OF AS MEASURED PERPENDICULAR TO THE WESTERLY RIGHT-OF-WAY LINE OF US-169 FOR 372.31 FEET TO THE NORTHEAST CORNER OF LOT 1, BLOCK 1. OWASSO FREEWILL BAPTIST CHURCH, THENCE S 88' 44' 37" WEST ALONG THE NORTHERLY LINE OF SAID LOT 1 FOR 453.47 FEET TO THE NORTHWEST CORNER OF LOT 1; THENCE S 01' 13' 58" EAST ALONG THE WESTERLY LINE OF LOT 1 FOR 633.00 FEET TO THE SOUTHWEST CORNER OF LOT 1; THENCE S 83' 02' 02" WEST ALONG THE NORTHERLY RIGHT-mOF®WAY LINE OF US-169 WEST EXIT RAMP FOR 60.30 FEET TO THE POINT OF BEGINNING OF SAID TRACT OF LAND; AND A TRACT OF LAND BEGINNING AT THE SOUTHWEST CORNER OF THE SE/4 SW/4 OF SAID SECTION; THENCE N 88' 44' 40" EAST AND ALONG THE SOUTH LINE OF SAID SE/4 SW/4 A DISTANCE OF 175.93 FEET; THENCE N 1' 15' 20" WEST A DISTANCE OF 50.00 FEET; THENCE N 83' 01' 52" EAST A DISTANCE OF 215.16 FEET; THENCE N 1' 13' 58" WEST A DISTANCE OF 1002.52 FEEL; THENCE S 88' 44' 37" WEST A DISTANCE OF 390.02 FEET TO THE WEST LINE OF THE SE/4 SW/4; THENCE S 1' 13' 58" EAST A DISTANCE OF 1073.93 FEET TO THE POINT OF BEGINNING; AND A TRACT OF LAND BEGINNING AT A POINT 1073.93 FEET NORTH OF THE SOUTHWEST CORNER OF THE SE/4 SW/4 AND ON THE WEST LINE OF SAID SE/4-SW/4 THENCE N 88' 44' 37" EAST A DISTANCE OF 983.75 FEET TO A POINT 100.00 FEET WEST OF AND AT A RIGHT ANGLE TO THE WEST LINE OF US-189; THENCE N 11' 17' 16" EAST A DISTANCE OF .74.14 FEET; THENCE N 3' 15' 37" EAST A DISTANCE OF 005.72 FEET; THENCE N 1' 18' r3" WEST A DISTANCE OF 249.65 FEET; THENCE S 88' 44' 37" WEST A DISTANCE OF 1046.98 FEET TO A POINT ON THE WEST LINE OF SAID E/2 SW/4; THENCE S 1' 13' 53" EAST A DISTANCE OF 929.30 FEET TO THE POINT OF BEGINNING. TULSA COUNTY, STATE OF OIUAHOMA Said tract contains 42 acres more or less and will be used for a church, private faith -based school, day care, senior housing development and sports fields. Being a temitory adjacent to and contiguous to the incorporated City of Owasso, Oklahoma and not presently embraced within the limits thereof, hereby petitions the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the city limits of said city. Dated the 29th day of January, 2004 Sid Foster — Chairperson of the General Bo;ird Rejoice Free Will Baptist Church August 24, 2003 Pastor Leonard Pirtle read Ephesians 3:14-21 Called into Church In Action business conference by Pastor Leonard Pirtle. Pastor Pirtle gave an overview of the new gym expansion project. We want to add a 35' x 120' expansion to existing gym. We still have 13 acres available that we could purchase. We need to add two Sunday School tirnes, and three worship hours (the new worship time at 9:45 a.m. in the gym.) We are presently $1.4 million in debt now; we want to retire our debt, not add to it. Pastor Pirtle presented Casey Cariker as staff growth campaign coordinator; and Ron Hall as the Steering Committee Chairman. Pastor Pirtle led in prayer for wisdom in our decision. Casey Cariker presented the fact that reaching people was our master plan; and that we need to be best stewards of our facility. Sunday, October 5, 2003 will be our kick-off Sunday to this campaign. Our objectives should be: 1) Higher in Worship (by renovating the gym so we can add a third service during the 9:45 a.m. service.) 2) Deeper in Discipleship (by preparing to add a second Sunday School at 11 a.m.; we will be able to disciple 200-300 more adults each week) 3) Stronger in Fellowship (by building an expansion west of our gym; allowing Wednesday night dinners; Prime -timers fellowships; and wedding receptions) 4) Wider in Partnership (by partnering with our school ministries for a new lunch expansion and bleacher space; youth ministries and gym renovations; and children's renovation) 5) Greater in Stewardship (by continuing to teach Biblical stewardship through our preaching, teaching and classes like Financial Peace University) Ron Hall reminded us how our church has progressed, and grown sin l-e- our move from our Atlanta location. We have made an investment in eternity for our families, Our objective is to reach and develop more people. Pastor Pirtle gave an update on our new maintenance director, Troy Wilstead. We were reminded that growth is still coming! And we need to take care of our buildings. Pastor Pirtle gave us some items to consider: (See attached sheet) 1) Contract with Brewer Construction Co. to add a 305'x120' extension to our existing gym. Cost not to exceed $360K total. 2) Caiduct a "faith raising" program to pay for the project through cash gifts and commitments. The campaign would run October 5-November 16, 2003; with all funds turned in by January 2005. 3) Seek annexation for all 42 acres with the City of Owasso. (Pastor Pirtle and the General Board will pursue and handle.) It was made known that Rejoice Christian School has committed $150K to this project. We want this to be completely funded by January 2005. Construction would take approximately six months. Questions and comments from the floor were answered by Pastor Pirtle. Motion made and seconded. Passed. Pastor Pirtle presented Casey Cariker as staff coordinator, and Ron Hall as director of the steering committee. Note: Trustee Board will oversee construction work, working with the Finance Committee and RCS. Motion made and seconded. Passed. A faith raising campaign be conducted for this campaign to begin October 5-November 16, 2003; to be directed by Ron Hall, and a steering committee to assist him. Motion made and seconded. Passed. A motion was made to seek annexation for all 42 acres with the City of Owasso. Motion made and seconded. Passed, (Note: the committees would work with the city of Owasso; not Tulsa County.) Motion made and seconded. Passed. Motion made to adjourn. Dismissed in. prayer. I LZespectfully Submitted, Jeanette Hall, Church Clerk s u bj ec t Property r4SVIENF FOR SEP77C SYSTM 2 STORY BR!Cff -- A METAL BUILDING N 88'44J7' C 'a 14� k fn 2 STORY BRICK ,,--"j.MCTA4 BUILDING 47' I t STORY BRICK MEM BUIMAV rI wl wArw EA- S 86'44'40' W f cupdaR op 61 07 Y7.1V44 w 94.R5, r=�.40.81� ! W ?7.5' UIC S 8XO202, w N 884440' W _l) N I'T"O' W LEGAL DESCRIPTION LOT ONE (1), BLOCK ONE (1), OWASSO FRZEM BAP 1"11,1, I. A SUBDIVISION IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER(S./' ./ SECTION NINE (0 TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN THAT is PART OF (14) EAST; AND A TRACT OF LAND THE SOUTHEAST QUARTER OF THE SOUTHWES SECTION NINE (9)'TOWNSHIP TWENTY-ONE (21) NORTH. RANGE QUARTER (SE/4 EAST, OF THE INDIAN LASE AND MERIDIAN, g FOURTEEN E/4SW/4) OF STARTING AT THE SOUTHWEST CORNER or THE SE/4 SW/4 OF SAID SECTION 9; THENCE M BW 44' 40_ EAST ALONG THE SOUTHERLY LINE OF SAID SECTION 9 FOR 390.00 FEET; THENCE N OV 1 3' 66. WEST AND PARALLEL WITH THE WESTERLY LINK OF THE SE/4 SW/4 FOR 71.42 FEET TO THE POINT OF BEGINNING OF SAID TRACT OF LAND: THENCE CONTINUING N 01* 13' 58' WEST AND PARALLEL WITH THE WESTERLY LINK OF SAID SE/4 SW/4 FOR 1002-52 FEET, THENCE N 611' 44' 37- EAST FOR 593.73 FM; THENCE S 11' 12* 59" WEST. PARALLEL WITH AND 100.00 FEET WESTERLY OF AS MEASURED PERPENDICULAR To THE WESTERLY RIGHT-OF-WAY LINK OF US-109 FOR 372.31 FEET TO THE NORTHEAST CORNER OF LOT I. BLOCK I- OWASSO FREEWILL BAPTIST CHURCH, THENCE S 08' 44' 37- WEST ALONG THE NORTHERLY LINE OF SAID LOT I FOR 453.47 FEET TO THE NORTHWEST CORNER OF LOT 1: THENCE S 01' 13' 58' EAST ALONG THE IMSTMy LINE OF LOT I FOR 633-00 FEET TO THE SOUTHWEST CORNER OF LOT 1; TRENCH 5 83* 02' 02" WEST ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF US-t89 WEST EXIT RAMP FOR 60.30 FEET TO THE POINT OF BEGINNING F SAID TRACT OF LAND: AND A TRACT OF LAND BEGINNING AT THE SOUTHWEST CORNEROF THE SE/4 SW/4 OF SAID SECTION: THENCE N 88- 44' 40" EAST AND ALONG THE SOUTH LINE OF SAID SE/4 SW/4 A DISTANCE OF 175.93 FEET; THENCE N I"15'20' WEST A DISTANCE OF 50.00 FEET; THENCE N 83- Ol' 52' EAST A a DISTANCE OF 15.1 9 FEET, THENCE N V 13' 58' WEST A DISTANCE 0l1002.52 FELT; THENCE S 8v 44' 37" WEST A DISTANCE OF 300.02 FEET TO THE WEST NINEN'E OF THE SE/4 SW/4; THENCE S V 13' 58" EAST A DISTANCE OF 1073.93 FEET TO THE POINT OF BEGINNING; A" A TRACT OF LAND BEGINNING AT A POINT 1073.93 FEET NORTH OF THE SOUTHWEST CORNER OF THE SE/4 SW/4 ANDON THE WEST LINE OF SAID SE/4 SW/4 THENCE N 86' 44' 37" EAST A DISTANCE OF 083.75 FEET TO A POINT 100.00 FEET WEST OF AND AT A RIGHT ANGLE TO THE WESTLINE OF US- 189; THENCE N 1 11 17, 10, EAST A DISTANCE OF 74.14 , FEET; THENCE N 3' 5' 37 EAST A DISTANCE OF 605-72 FEET; THENCE N V 18' 03- WEST A DISTANCE OF 249.65 FEET: MENCE 3 06' 44' 37- WEST A DISTANCE OE I— - — — q The folflowing annexation policy for the City of Owasso is provided as a guideline and should not be construed as inflexible requirements for annexation. I . While there is no minimum tract size, properties of larger than 20 acres are preferable. 2. All properties should be contiguous to existing City limits. 3. All properties should be annexed into the City limits as the lowest zoning classification, that Agricultural (AG). Landowners may then petn for rezoning if they desire further development of their property. All legal uses annexed into the City will be legal, but non- conforming, which means that they may continue but cannot be expanded without proper zoning. 4. All public infrastructures that do not meet City standards will not be improved by the City until brought to the City standard and accepted by the City Council. Such public facilities must be improved at owners expense by the establishment of a'special assessment district or some other financing method. 5. Where a City limit boundary ends at a dedicated street, the boundary will not include the street right-of-way. This policy will establish consistence and allow City employees and cibzens to know where the City boundaries are. 6. Properties that are rejected for annexation should not be considered for annexation for a six month period after rejection by the City Council. Adopted by City Council on March 1, 1988. 11 - 'I y - t8mi'mPul 9610UNF., W-my) I I I I N Main Street, Owasso, 01dahoma MEMBERS PRESENT MEMBERS ABSENT STAFFPRESENT Steve Cataduella Rickey Hayes Duane Cuthbertson Chief Dan Yancey Dale Prevett Craig Thoendel Robert Carr Dan Salts Bill Roach Eric Wiles Ken Fisher Ron Cates Tim Rooney -ANNEXATION REVIEW the intentions and goals of the developer are consistent with the Owasso 2010 Land Use Master Plan. Mr. Cataduella, motioned to approve the annexation request. Mr. Wiles seconded the motion. The motion carried 5-0. ADJQURNMIENT — Mr. Cataduella, moved, seconded by Mr. Thoendel, for adjournment The motion carried 5-0. The meeting was adjourned at 5:20 PM. NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED ANNEXATION TO THE CITY OF OWASSO, OKLAHOMA OA: 04-02 Nob-- is hereby given that a public hearing will be held before the Owasso Planning Commission, in the Old Central Building, 109 N. Birc4 asso oma- at 7-00 P M on h 8ffi, fir] kill .1114, 11119AN41OHNifig MW I M I I a - 1 1 MACK% LINE OF SAID SE/4 SW/4 THENCE N 880 44' 37" EAST A DISTANCE OF 983.75 FEET TO A POINT 100.00 FEET WEST OF AND AT A RIGHT ANGLE TO THE WEST LINE OF US-169; THENCE N 110 17' 16" EAST A DISTANCE OF 74.14 FEET; THENCE N 30 15' 37" EAST A DISTANCE OF 605.72 FEET; THENCE N 10 18' 03" WEST A DISTANCE OF 249.65 FEET; THENCE S 880 44'37" WEST A DISTANCE OF 1046.98 FEET TO A POINT ON7HE WEST LINE OF SAID E/2 SW/4; THENCE S I' 13' 53" EAST A DISTANCE OF 929.36 FEET TO THE POINT OF BEGINNING, TULSA COUNT-i, STATE OF OKLAHOMA. To be considered is an annexation of 42 acres, more or less generally located in the northwest comer E. 106'h St N. and U.S. Hwy 169. All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. For more information on the proposed annexation contact the Owasso Community Development Department, City Hall, I I I N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376-1500. Dated at Owasso, Oklahoma, this 16'h day of February, 2004. CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OA 04-03 (DG&S) BACKGROUND The City of Owasso has received a request from the Kellogg Engineering, applicant, on behalf of D.G. & S. Properties for the annexation of approximately 29.80 acres. At this time it is our mriluNiff. in order to begin a Lirocess that will result in the development of a single-family subdivision quite similar to the Country Estates additions immediately to the south, it is staff s belief that the applicant would like to extend Country Estates northward. LOCATION The property is located in the 12300 blockGarnett Road just north of existing Country Estates V1. A general area'map is attached for your review. H, i 54LUMM PRESYNT ZONING AG (Agricultural District) — Tulsa County SURROU,NDINGZONING North: AG (Agricultural District) — Tulsa County South: RS-3 (Residential Single Family District) East: AG (Agricultural District) —"Tulsa County West: AG/1L (Agricultural District[Light Industrial District) —Tulsa County ANALYSIS Staff received a petition ftorn Kellogg Engineering, on behalf of requesting the city to annex approximately 29.80 acres of property. At one time, the property was occupied by a recreational park consisting of batting cages and other recreational features however that facility hA` s ceased operation. The park equipment is still present on the site however the applicant has indicated that he will relocate all of the existing impediments to his desired development if approved. At this time it is our understanding the applicant is requesting this annexation petition �egAe-%mi4iay_bdivi sion ',Quite similar to the Country Estates additions immediately to the south. It is staffs belief that the applicant would like to extend Country Estates northward. The petition was filed on behalf of the developer responsible for the Country Estates additions. If the property is annexed into the city the applicant will be required to follow normal development procedures which would include rezoning, preliminary and final plat review. If annexed, any development proposed for the property would be required to meet the Owasso Zoning Code and the Owasso Subdivision Regulations and any appropriate site engineering standards as proscribed by Public Works including but not limited to paved streets and sidewalks. The property is currently served Sewer by the City of Owasso and water by the Rural Water District 93 of Washington County. The Owasso 2010 Land Use Master Plan calls for the northward expansion of residential development in that general area. Staff published legal notice of the annexation petition in the February 19, 2004 edition of the Owasso Reporter and letters of notification were mailed to property owners within a 300' radius. To this date staff has received no phone calls or correspondence in opposition of the request. 1U',C0MA1E",-NDAT10N Staff recommends approval of OA 04-03 to annex the subject property into the city limits of Owasso. The undersigned, constituting not less than three -fourth of the registered voters and owners it less than three-fourths value) of the hereinafterdescribed real estate situated in Tulsa County, Oklahoma, to wit: The South .86 feet of Governmentand the Southr of Government Lot Two (2) that y: AJA S.F. Railroad Range (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government survey thereof. sm Dart of Government Lots One (1) and Two () of Section Six (6) Township Twenty -ore (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U. S. Government Survey thereof, described as -follows: Being a territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently embraced within the Limits thereof, hereby petitions the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. Mr. Brian K. Kellogg P. Kellogg, Kellogg Engineering, Inc. Agent for the Developer Subject mu i ZT N E 122 ST N 1 N Ir E 126TH STREET NORTH 'I P E 122 CT N -I-kl 11 E 121 CT N FIER12", The following annexation policy for the City of Owasso is provided as a guideline and should not be construed as inflexible requirements for annexation. 1 . While there is no minimum tract size, properties of larger than 20 acres are preferable. 2. All properties should be contiguous to existing City limits. 3. All properties should be annexed into the City limits as the lowest zoning classification, that Agricultural (AG). Landowners may then petition for rezoning if they desire further development of their property. All legal uses annexed into the City will be legal, but non - ,conforming, which means that they may continue but cannot be expanded without proper zoning. 4. All public infrastructures that do not meet City standards will not be improved by the City until brought to the City standard and accepted by the City Council. Such public facilities must be improved at owners expense by the establishment of a special assessment district or some ,other financing method. 5. Where a City limit boundary ends at a dedicated street, the boundary will not include the .street right-of-way. This policy will establish consistence and allow City employees and citizens to know where the City boundaries are. 6. yyt©» that are rejected for annexation should not be considered for annexation for a six month period after rejection by the City Council. 0 ivi I 11,62 [011 -1 "-V a 61 v V-41, rJA 0 M I MO.". I I M"V I N Main Street, Owasso, Oklahoma EMU x IK U-1 9 V 1 -4 10 n. 7 V Rickey Hayes Dale Prevett Robert Carr Bill Roach Ken Fisher Ron Cates Tim Rooney INVINIZ1111111ppig ig the intentions and goals of the developer are consistent with the Owasso 2010 Land Use Master Plan. Mr. Catadueffa motioned to approve the annexation request. Mr. Wiles seconded the motion. The motion carried 5-0. 5. ADJOURNMEENT — Mr. Cataduella moved, seconded by Mr. Thoendel, for adjournment The motion carried 5-0. The meeting was adjourned at 5:20 PM. NOTICE TO THE PUBLIC OF A HEARING ON -A PROPOSED ANNEXATION TO THE CITY OF OWASSO, OKLAHOMA I (S/2) OF TBE NORTHEAST OF TBE NORTHEAST QUARTER (NE/4) OF SECTION 6, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.&M., TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Im To be considered is an annexation of 29,80 acres, more or less generally located in the12300 Block of N. Garnett Road. All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. For more information on the proposed annexation contact the Owasso Community Development Department, City Hall, 111 N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376-1500. Dated at Owasso, Oklahoma, this 16dday of February, 2004. CITY OF OWASS+ COMMUNITY DEVELOPMENT DEPARTMENT OZ-04-02 ce (Ty-lin J;evel,i,fu�- STAFF REPORT BACKGROIAD The City of Owasso has received a request from Tyann Development, In I , south and west of the southwest comer of the N. 120 E. Ave. and E. 96h St. intersection. The property lies adjacent to the east side of U.S. Highway 169. The applicant is proposing to rezone the subject property from OM and RS-3/PUD (Office Medium Intensity and Residential Single Family) to CS (Commercial Shoppi Center District) in order to construct a commercial shopping center. A general area ml and a complete legal description have been attached for your information and review. Proposed Zoning Designation: CS LOS ATION See above and the attached legal description. SURROUNDING LAND USE North: U.S. Highway 169 South: Vacant, Smith Elementary lies'further south. East: Home Depot Retail store and a significantly sized detention pond West: U.S. Highway 169 PRESENT ZONING OM and RS-3/PIJD- I (Office Medium intensity District, and Residential Single Family) SURROUNDING ZONING North: U.S. Highway 169 South: CS/OM/RS-3 (Commercial Shopping/Office Medium/Residential Single Family) East, CS (Commercial Shopping) West: U.S. Highway 169 ZQNRjG�__ _,� if the application is approved, the subject property would be zoned CS (Commercial Shopping Center District). According to the City of Owasso Zoning Code, Retail Shopping Centers fall within Use Unit 14 (Shopping Goods and Services) and is permitted by right within the CS zoning district. COMPREHENSIVE PLAN CONS STENCY L- of The Owasso 2010 Master Plan identifies the subject property as having a mixture future land uses that include medium intensity commercial and public/institutional uses. Obviously, a proposal that included high intensity commercial uses would seem inconsistent with the Master Plan designation. Staff finds however- that the applicant's proposal is more appropriate than the Master Plan designation. The Owasso 2010 Master Plan provides a summary and description of its' main components. Of these components, the plan describes how it differentiates betweenland uses and how anticipated growth areas are delineated geographically. The following is an excerpt ♦ from the Owasso 20 10 Master Plan: glilli���!1111111111 111131 N Ai- ANDIFUT Furthermore, as an update is currently underway for the Owasso 2010 Master Plan, which is a clear indication of changes in the development make-up of a city, city planners have already concluded that the site in question deserves a high -intensity commercial/office classification. Staff should also point out that any additional commercial growth would benefit the City of Owasso. Additional commercial growth provides for further spending opportunities for both Owasso residents and those who spend money in Owasso from outside the corporate limits. In regards to the site's current zoning, staff believes the current RS-3 3nd 0 designation would not constitute the best and highest use. Single-family residenti development does not seem as if it would be appropriate or even desirable adjacent U.S. I-Eghway 169 and office medium intensity might be appropriate considering t i site's physical conditions and location, however so wouldn't a commercial designatio If the property were rezoned to the requested designation of CS, all of the use provisio listed under the office designation would still be allowed by right according to the zoni code, however the owner of the property would also be able to develop and utilize h property to its' utmost potential in a manner that would consistent with the current mark and development trends being experienced in that corridor. C1 Staff has received no phone calls or correspondence in opposition of the request. Letters were mailed to surrounding property owners on February 12, 2004 and the legal advertisement was published in the Owasso Reporter on February 12, 2004. Copies of both the letter to property owners and the legal advertisement are attached for your information and review. il 1pi iinini q � i Isin Is on RECOMMENDATION Staff recommends approval of OZ-04-02, thus rezoning approximately 35.3 acres, from OM/RS-3 (Office Medium Intexisity/Single Family Residential) to CS, (Commercial Shopping Center District). a d.e� �nic N . �.CITY OF OWASSO 'J;/ P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272-2251 FAX (918) 2774997 Uff k 1181 -�Y' PRESENT USE____l PROPOSED USE J LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey) ,ane and Paddress.of Record Owner Addross or General Location of Subject Property As a plicant, what is your interest in this property? Ial me of person be billefor publication Phone resent Owner []Agent for Owner [IPurchaser [Other Meng Address _ E]Attorney for Owner COMPLETE,SIGNRE SUBMITTED IS A Please submit the completed application form and application fee along with a Certified 300' Radius Report (available from an Abstract Company) to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. The applicant and/or the applicant's consultant should attend the Planning Commission meetings at which the Supplemental Zoning will be reviewed. Fee Schedule 0- 0.99 acres $75 1- 4.99 acres 100 5-19.99 acres 150 + acres 20 SUBMITTAL BATE OPC MEETING DATE FEE RECEIPT NUMBER I APPROVED -DENIED- A tract of land located in the N/2 and the SE/4 of Section 20. T-2 I - 4-E of the I.B. & M., Tulsa County, State of Oklahoma described as follows: LA k I H I c " I T �P iV—. F, T '0 � (T m *.��H-4 )HT nrn-17zi.j: wr�i-q FROM :KELLOGG EHGfHEERIHG IHC FAX MO® :9182757171 Dec, 19 2003 11:a2AM P2 ,¢e•ss� F di w c ®c we � ow�va�°�a�a ova o a c rv3 a'�ppeC camp { o aft 0.°, u a-° e m `cu b®® C G Ur dsU ®h+. GG®y O 4BH tl�:a �o o �h8� O V cU U alp �0�`��La u��00 ottiy ���a 4?ggac9�cH �m� a m� 23z�az b4rb�w�a„� 5 ca���a�000 `9Q� ® c qq��yyb .c�pppp� m k1 w YNOHV "XO 'OSSYMO 601 AMH I HIIJON '19 H196 00 INE3ViJO-EIA30 NNVAI ................ . . I m FIT iMUM "M. Wo i7i�. C 0 ity of Owasso Departmen velopment (918) 376.1540 111 North Main PO Box 180 FAX (918) 376.1697 Owasso, K 740 Inspections: 376.1542 O55 www.cityofowasso.com NOTICE TO PROPERTY OWNER OZ-04-02 Notice is hereby given that a public hearing will be held before the Owasso Planning Commission in ty Old Central, 109 North Birch, Owasso, Oklahoma at 7:00 PM on the 8 th day of March, 2004. At that t' and place, the Owasso Planning Commission will consider a request from Tyann Development, I applicant/owner, for a proposed change of the zoning classification from OM/RS-3 (Office Medillul" hitensity District/Residential Single -Family District) to CS (Commercial Shopping District). The subje I h 1h property is located South and West of the southwest comer of 96' St. N. and N. 129 E. Ave. adjacent U.S. I-lighway 169 and described as follows: A Tract of land located in the N/2 and the SE/4 of Section 20. T-21-N, R-14-E of the LBAM., Tulsa Coun State of Oklahoma desexibed as follows: I As an abutting or nearby property owner, you are being notified so that you may be able to express y views or concerns regarding this request. If you are unable to attend this meeting, please forrward comments you may have in writing to the Owasso Community Development Department, PO Bo OK x 18 Owasso, 74055. These comments will p be resented to ni the Owasso Planng CCommission at scheduled public hearing by the ommunity Development Staff. I Inbormation and maps showing the property location may be InSpeffW In MU-7-61LIM" M—=U-7771,=707, I I I Noith Main Street, Owasso, Oklahoma, 74055 or by calling 376-1543. This is your only personal notification of this request. Duane Cuthbertson City Planner TO: PLANNING COMMISSION CITY OF OWASSO WIL FROM: ERIC ES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: AMENDMENT TO ZONING CODE RELATING TO SEXUALLY - ORIENTED BUSINESSES DATE: March 3, 2004 In January 2004, the staff was directed to study and present a proposed amendment of the Owasso Zoning Code to the Planning Commission and City Council. Specifically, the staff was asked to revisit Section 650 — Location of Sexually -Oriented Businesses. The staff considered the separation requirements in the code for sexually -oriented businesses between such businesses and churches, schools, parks, residentially -zoned areas, and nonarterial streets that provide access to residentially - zoned areas. Currently, the requirements are as follows: no sexually -oriented business shall be located within five hundred (500) feet of a church, school, or park or within three hundred (300) feet of areas zoned residential or within three hundred (300) feet of a nonarterial street which provides access to a residentially zoned area. Sexually -oriented businesses are allowed by right in CS and CG Commercial districts and by Special Exception in IL, IM, and IH Industrial districts. This finding is based in part on a ruling of the United States Supreme Court in a case that placed the Court in the position of considering the impact of "adult" establishments on neighborhoods. Young v American Mini Theatres, Inc., 427 U.S. 50, 54-55. The Court wrote that the city's effort to '�reserve the quality of urban life is one that must be accorded high respect," and that Abe city must be allowed to experiment with solutions to adniittedly serious problems." K, 427 U.S. at 71. The Court accepted the city's conclusion that "a concentration of 'adult' movie theaters causes the area to deteriorate and become a focus of crime, effect which are not attributable to theaters showing other types of films." Id., 427 U.S. at 71, n.34. Ln order to mitigate sucn unclesraffe in one neighborhood, the staff recommends increasing the required distance between the businesses and churches, schools, and parks from 500 feet to 1,000 feet, between the businesses and residentially - zoned areas from 300 feet to 1,000 feet, and between the businesses and nonarterial streets providing to residentially -zoned areas from 300 feet to 1,000 feet. =�'16 "Iff 4 gLy In the development and execution of this Ordinance, it is recognized that there are some uses whicb, because of their very nature, axe recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are set forth in this Ordinance. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT. 650.2 Prohibition No person shall cause or permit the establishment of any of the sexually oriented businesses as defined in Section 650.1, in an area zoned other than "CS" and "CG". In addition, no person shall cause or permit the establishment of any of the sexually oriented businesses, as defined in Section 650.1, within one thousand (1000) feet of any other sexually oriented business, or within one -thousand II000) feet of a church, school, (type which offers a compulsory education curriculum), public or private park, or within one thousand (1000) feet of areas zoned residential or within one thousand (1000) feet of a nonarterial street which provides access to a residentially zoned area. Provided further that the Board of Adjustment may permit by Special Exception sexually oriented businesses, as defined in 650.1 in an IL, IM, or III District, subject to the distance limitations set forth herein. The establishment of a sexually oriented business shall include the opening of such business as a new business, the relocation of such business, the enlargement of such business, in either scope or area, or the conversion of an existing business location of any of the uses described in Section 650.1. Nothing in this Ordinance is intended to make legal any business or activity that is expressly declared illegal under the provision of this Code or under any state or federal laws. SECTION TWO: Any ordinance(s) or part(s) thereof in conflict herewith are hereby expressly repealed. SECTION THREE: The protection of the health, safety and welfare of the general public necessitates that this ordinance become effective immediately, and by reason thereof, an emergency is hereby declared to exist whereby the provisions of this ordinance shall become effective immediately upon passage and publication as is provided by state law. ATPROVED this day of .2004, with the Emergency Clause voted upon and —approved separately. Attest: Sherry Bishop, City Clerk Approved As To Form. Ronald D. Cates, City Attorney Gary Cochran, Mayor 0 SECTION 620 ACCESSORY USES PERMITTED IN COMMERCIAL DISTRICTS 620.1 Accesory Uses Permitted Accessory uses customarily incident to a principal use permitted in a Com- mercial District are permitted in such district® 620.2 Accessory Use Conditions a. Accessory buildings shall meet the minimum building setback lines of the applicable district® b . An accessory building erected as an integral part of t h: principal building shall be made aa structurlly a prt th reo shall have a common wall therewith, and shall comply with t requirements applicable to the principal building. I Signs in the Commercial Districts, whether accessory or principal uses, are subject to the use conditions of the Use Unit 21. mfflF� I lill I III I illillMlifililliffli Bulk and Area Requirements in the Commercial District District CS CG CH Frontage (min. ft®) Arterial and Freeway Service Road 150 150 N/A Not an Arterial 50 50 N/A Floor Area Ratio (maximum) .50 .75 N/A Setback from Centerline of Abutting Street (min. ft.)- measured from centerline of abutting street; add A of the right-of-way width designated on the Major Street Plan, or 25 feet if the street is not designa- ted on the Major Street Plan: Arterial and Freeway Service Road 50 50 N/A Not an Arterial 25 25 N/A Setback from abutting R District boundary , lines (min® ft®) 10* 10* 10* Building Height (max. ft®) N/A NIA N/A ------f—ee—t—of—s—et—ba—ck--fo—�r—ea�c—h—T foot *plus 2 ­heig!hL�te�x�c`eedin­�_B exceeding —feet if the abutting property is within an RE, RS, RD or RTH District® 0 SECTION 640 SPECIAL EXCEPTION USES IN COMMERCIAL DISTRICTS, REQUIREMENTS comply1. shall � b. d -, requirements of- R-:se, where permitted by special �D 2® Except as provided above, all special exception uses shall com- ply with the bulk and area requirements of the use district in which located® SECTION 650 LOCATION OF SEXUALLY -ORIENTED BUSINESSES As used in this Section, the terms sexual conduct and specified anatomical areas shall mean as follows: 1. Sexual Conduct includes the following: (a) The fondling or other touching of human genitals, pubic region, buttocks, or female breasts, (b) Ultimate sex acts, normal or perverted, actual or stimulated, including intercourse, oral copulation, sodomy; (c) Masturbation; and, (d) Excretory functions as part of or in connection with any of the activities set forth in (a) through (c) above® 2® Specified Anatomical Areas includes the following: (a) Human genitals, pubic below a point immediatelyabove the top of the ar6ola. (b) Human male genitals in a discernible turgid state, even if completely and opaquely covered® For purposes of this Ordinance, the sexually -oriented businesses are de- fined as follows: 1R Adult Amusement or Entertainment: Amusement or entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing or relating to Sexual Conduct or Specified Anatomical Areas, as defined herein, including but not limited to topless or bottomless dancers, exotic dancers, strippers, male or ferule impersonators or similar entertainment® 2. Adult Bookstore: An establishment having as a significant portion of its stock in trade books, film, magazines and other periodicals which are distinguished or characterized by an em- phasis on depicting or describing Sexual Conduct or Specified Anatomical Areas® W 3® Adult Mini Motion Picture Theater: An enclosed building with a capacity of less than 50 persons used for presenting material distinguishing or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. 4® Adult Motel: A motel wherein material is presented, as part of the motel services, via closed circuit T.V. or otherwise, which is distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas® 5. Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug -operated or electronically, electrically or mechanically controlled, still or motion picture machines, projectors, or other image -producing de- vices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. 6® Adult Motion Picture Theater: An enclosed building with a capa- city of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or de- scribing Sexual Conduct or Specified Anatomical Areas. 7, Massage Parlor: Any place where for any form of consideration or gratuity, massage, alcohol rub, administration of . omentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with Sexual Conduct or where any person providing such treatment, manipulation or service related thereto exposes Specified Anatomical Areas® $® Model Studio: Any place other than university or college art classes where, for any form of consideration or gratuity, figure models who display Specific Anatomical Areas are.provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity® 9� Sexual Encounter Center: Any building or structure which contains, or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in per- sonal contact with or to allow personal contact by, employees, devices or equipment or by personnel provided by the establish- ment which appeals to the prurient interest of the patron, to include, but not to be limited to bath houses, massage parlors, and related or similar activities® No person shall cause or permit the establishment of any of the Section 650.1 within one thousand (1,000) feet of any other sexually - oriented business, or within five hundred ' (500) feet of a church, school, (type which offers a compulsory education curriculum), public or private park, or within three hundred (300) feet of areas zoned residential or within three hundred (300) feet of a nonarterial street which provides access to a residentially zoned area. Provided further that the Board of Adjustment may permit by Special Exception sexual ly-oriented businesses, as defined in Section 650.1 in an IL, IM or IH District, subject to the distance limitations set forth herein. The establishment of a sexual 1-y-oriented business shall include the opening of such business as a new business, the relocation of such b ness, the enlargement of such business in either scope or area, or the conversion of an existing business location of any of the uses described in Section 650.1. Nothing in this Ordinance is intended to make legal any business or acti- vity thatJs expressly declared illegal under the provision of this Code or under any state or federal laws® SECTION 660 SITE PLAN REVIEW 660.1 Purposes By reason of potential adverse effects on public services or to neighboring land uses, site plan review and approval is required for any commercial developments for the purposes of assuring proper accessibility, circulation,, functional relationships of uses, and compatibility with adjoining and nearby development® No building permit shall be issued nor use commenced within this development except in accordance with an approved site plan® 660.2 Application for Site Plan Review An application for site plan review shall be filed with the planning com- mission staff® The application shall be in such format and content as the planning commission may by resolution establish, with at least three (3) copies of the site plan submitted. The plan must show information showing compliance with applicable sections of this code and all other applicable city codes and ordinances, The planning commission may delegate and assign the review and approval of site plan to its staff on tracts less than 18,000 square feet or structure amendment of less than 2,000 sq. ft. or 10% (whichever is greater)® Appeals from denial of staff shall be made to to the planning commission. 660.3 The Site Plan Shall Contain: (a) Proposed location of uses, including off-street parking design and layout (see Chapter 11 for minimum required dimensions and design standards) open spaces and public uses; (b) Location, height, and size of buildings and other structures. a (c) Proposed location of all existing or proposed site improvements including curb lines, curb cuts and their radii, neighboring curb cuts, drains, culverts, retaining walls and fences; (d) Internal public and private vehicular and pedestrian circulation; (e) Proposed location and development of buffer areas, screening and landscaping; (f) The intensity of uses expressed in floor area, allocated to el-'Clh identifiable segment of the development; - (g) A computation of lot area, building floor area, and building coverage for each type of proposed use; (h) Proposed location, height, and size of any ground sign; (i) Sufficient surrounding area to demonstrate the relationship of the development to adjoining uses, both existing and proposed; (j) Existing topographic character of the land including identifica- tion of floodplain areas, treed areas, slope analysis and soil analysis; (k) An explanation of the character of the development. (1) off-street parking shall be required for all commercial zones, including Ch® Adequate offsite off-street parking may be pro- vided for CH tracts within a 1000 foot radius. MM M TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: SPECIAL PROJECTS DIRECTOR CHRIS ROBERTS DATE: March 9, 2004 Because opening and closing fees have not changed since December 2, 1986, Public Works staff askedwas to analyze the costs ass1, burial and discovered being charged b, the city do not cover the actual costs associatedopening and l ga grave. Staffalso contacted area cemeteries to determine the, fees charged.o closing,opening and those fees range from a low of $215 in Collinsville to a high of $795 at Rose Hill in Tulsa, or an average of 1 REGULAR WEEKDAY OPENING & CLOSING FEES AT ARE, A CEMETERIES Ridgelawn (Collinsville) $215 Graham (Pryor) $250 Rest Haven (Sperry) $350 Graceland (Owasso) $450 Green .Acres (Skiatook) $575 Moral Maven (Tulsa) $740 Memorial bark (Tulsa) $775 Ross dill (Tulsa) $795 Fairview (Owasso) $200 r,W-i OTIIIIFVOi<'� 51WTW"In M" MARCH 9,2004 P-4-GE 2 Based on staff analysis of costs to the city for a burial, and fees charged by area cemeteries, staff is proposing the following fee schedule for the opening and closing of burial spaces at Fairview Cemetery: Current Fe�., Proposed Fee Monday through Friday $200.00 ro F-Kn— m 11 Cremains Saturday .11IN MIN IMII i I iiN- If there are no concerns, staff will prepare a resolution to be placed on the March 16, 2004 City Council agenda, that will provide for the adoption of the proposed fee schedule. # s Fill! ill 1, 3 FROM: MAR C A BOUTWELL MUSEUM POLICIES & PROCEDURES MARCH 9,2004 PAGE 2 The Museum Advisory Board completed the document at their meeting in November, and requested that the City Manager attend the December meeting of the Board to clarify some points still in question relating to the original agreement between the City of Owasso and the Owasso Historical Society, Advisory Board members and the City Manager attended the January meeting of the Owasso Historical Society Board, where the document was presented, comments received, and questions answered. Historical Society members were asked to submit any questions or comments, that they might have subsequent to that meeting to any member of the Advisory Board or to staff. They were advised that it was the intent of the Advisory Board to take action on the document at their meeting on February 12, 2004. No questions or comments were received prior to, or at, the February 12'h meeting. The Museum Advisory Board held their regular meeting on February 12, 2004 and voted unanimously to approve the Policies & Procedures document, and to recommend the document to the City Council for action. The Policies & Procedures document is attached for your review. Should you have any questions, please feel free to call me or any member of the Advisory Board: Melinda Voss, Todd Murray, John Mowery, Glenn Gibson, or Betty Morton. If there are no major concerns or items in the document that need further study or work, it is my intent to place an item on the March 16'h City Council agenda for action. It shall be the mission of the Owasso Historical Museum to collect, preserve, and exhibit objects and materials relating to the history of the city of Owasso and surrounding area, and to provide related educational services for the purpose of increasing and enriching public knowledge. of the history and heritage of the area. Museum Adviso1y Board: As owner of the Museum property, the City of Owasso through the City Council and/or City Manager is vested with the responsibility for the operation, maintenance and development of the Museum. A Museum Advisory Board has been created for the purpose of making recommendations to the City Council and staff in decisions relating to those stated responsibilities. The Advisory Board, comprised of the Mayor of the City of Owasso or designated representative, the President of the Owasso Historical Society or designated representative, the President of the Arts and Humanities Council of Owasso or designated representative, and two other members chosen by the Owasso Historical Society Board, shall meet on a regular basis to address issues related to the operation, maintenance and development of the Museum. ETHICS The Owasso Historical Museum and all associated authorities accept and follow the Code of Ethics as published by the American Association of Museums. Such document is made a part of these Policies and Procedures and is available in the office of the Museum Director. 1. The Museum will collect manuscripts, records, books, and other written and printed materials; photographs, prints, paintings, and other visual materials; tapes, recordings, and other oral history materials; equipment, furnishings, clothing, and other natural, commercial, institutional, objects of of o' ical interest. 2. The Museum may choose to not accept items which are in poor condition, which duplicate similar items in the collections, or which are not contemporary with the time period they depict. 3. Only unrestricted gifts or purchases will be accepted for the collections. All donations shall be considered outright and unconditional gifts to be used at the discretion of the Museum. Exhibits -d periodically, be considered on peimaneW 5. Items will not ,*circumstances. 1 ° All acquisitions (gifts) must be recorded on a gift form (Attachment "A") signed by the donor and the person temporarily receiving the gift. Donors may receive a copy of the gift form at the time if they desire° When the gift has been officially accepted, the donor will receive a fully executed copy of the gift form. The gift form shall contain a description of the item, and as much background information as the donor is able to supply° 2. Donations are tax deductible under Section. 501c(3) of the U.S. Internal Revenue Code, but Museum personnel will not assign a value to the donation. Museum Policies and Procedures — Pabe 2 3. For items accepted on loan, a loan agreement (Attachment "B") must be completed and signed by both the donor and the person temporarily accepting the donation. If the loan is approved by the Museum Advisory Board, the loan agreement will be signed by the Museum Advisory Board Chair and a copy sent to the donor. When the item is returned, it will be acknowledged on the loan agreement. Accessioning is the process of accepting items into the permanent collections of the Museum, All items shall be processed under the following procedures: 1. All items accepted in the permanent collections of the Museum shall be assigned accession numbers, and shall be indexed by category, date of acquisition, and name of item. 2. An inventory of all items in the permanent collections shall be electronically maintained, and shall be updated as items are accessioned and deaccessioned. Hard copies of the inventory shall be made available to any member of the Owasso Historical Society, Museum Advisory ltoard, or Museurn staff upon request. some time during the first quarter of each year, an inventory will be taken comparing the inventory records and the physical collections to ensure that acquisitions and deaccessioned items have been entered into the inventory records, and to ensure that no items have been misplaced, removed, or stolen. Museum Director shall coordinate the inventory, and Owasso Historical Society members shall provide assistance. 1. The Owasso Historical Museum shall provide non-discriminatory access to historical reseurces through its exhibits and collections, tours, educational progrshns, publiCati0l)ql, electronic media, and research. 2. The use of tobacco in any form is prohibited in the Museum. Food or drink will not be allowed in any exhibit rooms within the Musetun. Food and drink may be consumed in the work room/kitchen and in the office. 3. No animals except those trained to assist the handicapped will be allowed in the Museum. 4. Children under 12 years of age must be accompanied by a responsible adult who will assure their proper conduct. Visiting educational groups must include at least one adult per each 10 children. If children are tinder the age of eight, it is advised that there be at least one adult per Zach six children. 5. Museum staff, including volunteers, are authorized to terminate the visit of any person or Voup whose conduct is deemed to be a threat to the collections, site, or to other visitors. Museum Policies and Procedures — Page 3 6. Artifacts shall be used for display purposes only, unless designated as education materials. Only members of the Owasso Historical Society, Museum Advisory Board, and Museum Staff shall handle any artifacts. 7. Artifacts may be photographed, but the use of flash units is prohibited where the light is deemed harmful to the item or adjacent materials. If material is to be reproduced for publication, permission must be obtained from the Museum Director, the Owasso Historical Museum must be acknowledged as the source, and one copy of the publication must be donated to the Owasso Historical Museum's collection. Rkeaccessioning is the process of permanently removing items from the Museum collections. The process shall be cautious, deliberate, and scrupulous. We do not intend to deaccession items that are from current living donors. The Museum will only deaccession items from its Collections for the following reasons: 1. The item is a duplication or a better example of an item already in the collection. 2. The authenticity of the item is questionable. 3. The item has deteriorated beyond usefulness. 4. The Museum cannot properly care for the item. The following deaccession process shall be followed: 1. Items may be recommended for deaccession by the Museum Advisory Board, Museum staff, or members of the Owasso Historical Society. A majority of the Owasso Historical Society B-,#Yum:d XrAsent at a reiyul�r or �secial meeting, mu"ar �trove the deaccession and the vote must be entered into the minutes of that meeting. This recommendation shall be taken to the Museum Advisory Board, who is the final authority on the deaccession. 2. Items may be disposed of by a public auction, absolute destruction, or exchange or transfer with another historical agency with a similar purpose. Items received in an exchange must be treated as any other acquisition to the permanent collections. No deaccessioned items may be conveyed in any manner to a member of the, Museum Advisory Board, Museum Staff, or Owasso Historical Society. 3. Moneys received from the sale of deaccessioned items may be used only for purchasing new items for the collections, and may not be used for general operating expenses. 4. A note that the item has been deaccessioned must be entered on the accession record. The Owasso Historical Museum understands the importance of, and endeavors to follow, the beil practices available for proper handling, conservation, exhibition, storage, and documentation all items within the Museum. I Museum Policies and Procedures — Page 4 The Museum Advisory Board may recommend to the Owasso City Council amendments to the Policies and Procedures document. Final authority for amendments rests with the City Council. The Policies and Procedures document shall be reviewed by the Museum Advisory Board at a minimum of every three years. EFFECTIVE DATE This Policies and Procedures document shall be approved by the Museum Advisory Board for recommendation to the Owasso City Council, and shall become effective immediately upon approval by the City Council. Approved by the Museum Advisory Board for recommendation to the Owasso -.City Council this day of MliInda. Voss, Chair Approved by the Owasso City Council this -- day of 20 Gary Cochran, Mayor Museum Policies and Procedures — Page 5 FAVNWIING.�� IMMORATO "I'-wM481401041 26 SOUTH MAIN OWASSO, OKLAHOMA 74055 918-272-4966 I hereby certify that I am the legal owner or agent for the legal owner of the item(s) described on the reverse side of this sheet, and unconditionally give, donate, bestow and set over to the Owasso Historical Museum, Owasso, Oklahoma, as an unrestricted gift, such item(s) to be used and/or disposed of by the Owasso Historical Museum at its discretion, subject to the requirements of the Owasso Historical Museum Policies and Procedures. For myself or my principal, I further certify that I waive all present and future rights in and to said item(s), its use or disposition, for myself, my heirs, and personal representative. L IT; Fe =- City/State/Zip FOR THE MUSEUM DATE TITLE (Museum Director/Volunteer/Owasso Historical Society Member) The Owasso Historical Muse wn hereby accepts the gift of the item(s) 'described in this document. Signed DATE (Signature & Title of Museum. Representative) Please complete the following information for each item donated. 1. What is the proper name for the object? M ad B. Where? C. How long? D. By whom? o manufactured the object? A. When? B. Where? C. How wasmade? D. How long was this type of object manufactured? Who was the original owner, if known? A. How long . owned by the original w B. How did the original . acquire object C. Where t the original owner D. What was the original purchase price & o did you o F. Who else has owned the object? 5. Has any modification, repair or restoration been taken with the object? A. If yes, what are the modifications? Yes No 6. Are there documents with the object, such as sales slips; warranties, etc? Yes _ No A. If yes, what are the documents? B. Are they of the donation? _ ,m 7. Are there photographs of the object being used, wog , etc. by any of the owners? Yes_ _ Igo A. If yes, are they part of the donation.? $a Other information pertaining to the object: SOUTH26 OWASSO, OKLAHOMA 74055 918-272-4966 The Owasso Historical Museum agrees, subject to the terms and conditions printed on t reverse side of this agreement, to accept the loan of the object(s) described below for a period no longer than six months. The time period of the loan shall begin on and end on �I .�-.,;:s „�r.,i.f �r.i iK,. �. •s,_.i i.� ,:u�/.,ri, i>i.ki.i i,�, ,., s::.n �,.,�,,..�a.si,irr.,i;r....,..,i,a-;Ls, ��^s., ✓/.;..,ia �iF cc i�...�, iyi.�.�.;ui✓-ci is%:,i.,._.iaio ,��.,i;,.��.i .�i c;._xi<i�. I hereby acknowledge that I am authorized to lend the objects listed above to the Owasso Historical Museum and that I have abide by the andconditions on the reverse side governing this loan. Signature of Lender The Owasso Historical Museum gratefully acknowledges receipt of the object(s) listed above for the time period indicated. Received by: _ _ _ Date: (Signature of authorized Museum Representative) Printed Name & Title: it '.31��� Objects loaned to the Owasso Historical Museum shall remain in its possession for the time specified on the reverse side of this agreement unless specific arrangements are made for a different time. Objects may be withdrawn from exhibition only by mutual consent of the Lender and the Director of the Owasso Historical Museum. The Owasso Historical Museum will give to objects on loan the same care as it does to its own property. It is understood by Lender and Museum that all tangible objects are subject to gradual inherent deterioration for which neither party is responsible. No alterations, restoration, or repair to loaned objects will be undertaken by Museum. 11M The Owasso Historical Museum does not carry insurance on loaned items. If the Lender desires that the item(s) be insured, the Lender must maintain his/her own insurance coverage. If the lender does not carry insurance on the item(s), this loan agreement shall constitute the agreement of the Lender to release and hold harmless the Owasso Historical Museum from any liability for damage to or loss of the loaned property. Total number of objects Total value Insurance waived Unless the Owasso Historical Museum is notified in writing to the contrary, it is understood that the objects on loan may be photographed and reproduced for publicity and ediftcational purposes connected with this exhibition, subject to the Museum Policies & Procedures (Access 47). It is understood that objects on exhibit may be photographed by the general public. I have read and agree to the above conditions. Signature of Lender. - RETURN OF LOANED OBJECTS IS HEREBY ACKNOWLEDGED: Date: Signature of Date: M n TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO ERIC WILES COMMUNITY -,'.':EVELOPMENT DIRECTOR `� ► 'i �� i '� e, 1, DATE: February 200 The FY '01 project saw the completion of sidewalk construction, sidewalk rf,pairs, ADA ramp construction, and the eliminafion of tripping hazards. The work was performed along several streets in the ta%et area. Specifically, the construction was performed on Broadway, Birch, Cedar, 3', and I I Streets. The attached map illustrates the projects more clearly. The FY '01 CDBG project has been cor . letedm Now, closeout documents for the project need to be prepared and submitted to ODOCo In order to make the subrnittal ®fell, the city council must authorize the completion of the closeout documents and authorize the Mayor to execute them. A final requirement for the closeout of the FY '01 project is that the City Council hold a public hearing �. grant. r � .r.:!i is•e! anticipated that this public hearing will be combined with a public hearing for the FY '04 project, in which citizens will be invited to give any comments regarding what projects should be performed under that grant. RROMMI-I M61HIM-11IMMIMM - a," I of - I ! Further, the staff recommends that the Council hold a public hearing to invite citizen comment on the work that was completed under the 10286 CDBG 01 grant. 1. Map showing locations of CDBG'01 projects 2. Closeout documents MAN STREET LEGEND US-169 Wd mmoza Oro, 110 !1 FY 2001 CDBG ADA SIDEWALK REHABILITATION PROJECT OVERALL PLAN CRY OF OWASSO, OKLAHOMA Contractor Name and Address: City of Owasso P.O. Box 180 Owasso, OK 74055-0180 fr_e_parer/Contact Person: Andy Armstrong X 1. Final Expenditure Report (CD or ED) X 2. Contract Closeout Certification X 3. Program Beneficiary Report X 4. Proof of Second Public Hearing X 5. Final Wage Compliance Report Proof of Insurance X 7. Board Minutes Accepting Completed Project X 8. Final Engineering Inspection Report Financial Review Initials Date -- Initials Date-- Initials Date Program Review Initials Date Initials Date Team Leader Initials Date Fiscal Division Review Initials Date - Total Contract Total Accrued Expenditures Balance Deobligated Attachment I Pagel of CDBG 2003 Contract Number: 10286 CDBG 01 Contract Period: From: 5-7-02 To: 4-1-05 Telephone: (918) 584-7526 1, as authorized representative of the Contractor listed above, hereby submit the documents listed as required by the terms of the contract. Authorized Representative Comments Match Im I 11=il &forms/closeout03 Name of Contractor City of Owasso Interest Reconciliation Total Interest Earned Total Interest Expended Balance of Unexpended Interest Conti -act Number 10286 CDBG 01 Attachment I Page 2 of 9 A B C Line Item Budget 101061 Code Total Expenditures Budget Remaining Balance 1. PLANNING 551020 2. ENGINEERING 551030 3. ARCHITECTURE 551031 4. INSPECTION 551032 5 HOUSING REHABILITATION 551040 6 ACQUISITION & DISPOSITION 551050 7. CLEARANCE/DEMOLITION 551070 8. UTILITIES 551080 9. WATER SYSTEM 551090 10. SEWER SYSTEM 551091 _ 11. SOLID WASTE 551100 _ 12. AMBULANCE 551161 _ 13. TIRE PROTECTION 551160 14, HANDICAP 55' 044 15. COMMUNITY FACILITY 551110 16. SENIOR CITIZENS CENTER 551 112 17. PARKS 551150 18. STREETS Js 551180 19. FLOOD & DRAINAGE 551190 20. OTIIER(SIDEWALI�S)__ 551210 67,132.00 67,132.00 -0- 21. SUB -TOTAL (I THRUU 20) _ _ 67,132.00 67,132.00 22. DIRECT GRANTEE ADMIN 551018 -0- -0m -0- 23. PUBLIC FACILITIES ADh4IN 551010 �0- -0 24. TOTAL, ADMIN (22 a 23) A0- ®OW -Ow 25. T®Tt1I CDBG COSTS (21 + 24) _ 67,132.00 67,132.00 m0- 26. TOTAL MATCH FUNDS 555230 67,132.00 67,132.00 � _0_ 134,264.00 134,264.00 -0- GRAND TOTAL S:forms/c1oseout03 Contractor: City of Owasso Contract Number: 10286 CDBG 01 111111111111111111 IN Low- and Moderate- income White Not1 hispanic Black Not hispanic Amer. Indian Asian or hispanic or Alaskan Pacific Native Native Disabled Female Head o House PROGRAMACTIVITY Units Completed Total Number of Beneficiaries 1. Housing Rehabilitation 2. Housing Support 3. Rehabilitation - Rental Demo 4. Acquisition and Disposition 5� Relocation Ro'oca t' 0' 6. 0earance U le 7. Utilities 8 8 , Water S stem 9. Sewer S stem w r 55 So Waste 10. Solid Waste 0 1 1 C m ityFacilities u 11. Commun 0 12. Nei borhood Facilities M or Citizens 13, Senior Citizens Center- I . Senior 14. Other Facilities/Center 15. Removal of Arch. Barriers 16. Public Services 17. Code Enforcement 18. Recreation -Y,2-66 19, Fire Protection _NA 20. Parking 1,428 2,004 36 89 114 23 90 21. streets (sidewalks) 22. Flood and Drainage 23. ED - FacilLty.Construction Loans 24. ED - Infrastructure Improvement 25. ED - Equipment/Inventory Loans 26. ED - Commercial Rehab. Loans 27. ED - industrial Rehab. Loans 28. ED - Other Eg� CH PROGRAMACTIVITY BUDGETED. &forms/closcout03 Attachment I Page 5 of 9 Contractor Name: City of Owasso Contract Number: 10286 CDBG 01 F ="IQLUC�liv.111�gK�"wa-li�oe!o�tli�K�l' A. Total Cash Received Under This Contract (Include Cash in Transit) $ 67,132.00 B. Less: Total Accrued Expenditures This Contract $ 67,132.00 C. Excess Cash on Hand to be Refunded to ODOC $ -0- D. I certify that the expenditures reported are taken from the orio;nal books of account and that such expenditures are valid and consistent with the terms of this contract. E. I further certify that the attached check in the amount of $ fully represents all money received for but not expended in performance of this contract. (Same as Line C above). F. This amount is refunded to ODOC in accordance with the terms of the contract. H. RELEASE A. Pursuant to the terms of this contract and in consideration of the Total Accrued Expenditures referred to in Line B above which have been paid or will be paid to the Contractor, upon payment of any remaining balance to ODOC), the Contractor does hereby remise, release, and discharge the State of Oklahoma (ODOC), and their officers, agents, and employees of and from all liabilities, obligations, claims, and demands whatsoever under or arising from the performance of this contract. B. I understand that the Total Accrued Expenditures certified I-D above will become the final total obligated amount of this contract. M. ASSIGNMENT OF REFUNDS REBATES, AND CREDIT Pursuant to the terms of this contract and in consideration of payment of costs as provided in said contract, Contractor does hereby: A. Assign, transfer, set over and release to ODOC all right, title, and interest to all refunds, rebates and credits or other amounts, including any interest thereon, arising out of the performance of this contract, together with all rights of action accrued or which may accrue thereunder. B. Agree to take whatever action may be necessary to effect prompt collection of all such refunds, rebates, credits or other amounts, including any interest thereon, due or which may become due, and to forward promptly by check made payable to ODOC any proceeds so collected. C. Agree to cooperate fully with ODOC as to any claim or suit in connection with such refunds, rebates, credits or other amounts due, including any interest thereon; to execute any protest, pleading, application, power of attorney or documents in connection therewith; and to permit ODOC to represent it at any hearing, trial or other proceeding arising out of such claim or suit. —Andy Armstrong—INCOG —li4anaer for Community and Economic Develotsment Name of Preparer Title of Preparer _,(181584-7526 Phone Number Signature of Preparer I Certify the information contained in this closeout is true and accurate to the best of our knowledge: Clerk / Accountant Sherr Bisho Ci Clerk Typed Name and Title A Date Chief Elected Official Gary Cochran Mayor Typed Name and Title IM S:forms/closeoutW Attachment I Page 6 of 9 Contractor Name: City of Owasso Contract Number: 10286 CDBG 01 Contact Person: Andy Armstrong Telephone No.: (918) 376-1500 Project Name: Sidewalk Improvements Construction Completion Date: 5-28-03 Project Location: City of Owasso Contract Amount: $ 132,864.21 Prime Contractor: Horizon Construction Subcontractors: None 1. Were any workers paid less than the specified Davis -Bacon rates that applied to this project? ❑ Yes X No 2. If YES: a. What was the total amount of restitution paid? $. b. What was the method of restitution? ❑ Paid by the Contractor ❑ Paid by City/Town with funds withheld from payment to the Contractor Firm Affected Employees Amount of Nature of Violations Restitution Paid (Attach additional pages if necessary.) 3. Were any workers not paid the correct overtime payments? % d'es X No If YES. Liquidated damages at the rate of S10 for each calendar day for each worker yeast be calculated and the Contractor Beatified of his liability, and 4. Provide information concerning the nature of the overtime violations. This should include: a. Firm's Name, Address and Phone Number: b. Date Contractor was notified in writing of the amount of liquidated damages which could be assessed: c. Date the Contractor responded to the written notice: (must be within 30 days of the receipt of notification): d. Did the Contractor seek a reduction or waiver of the liquidated damages? ❑ Yes ❑ No S:forms/closcout03 e. If YES: Was the requested approved and for what El Yes - Reduction. 0 Yes ® Waiver. f On what grounds was HUD's or USDOL's response based? gr. Total amount of Liquidated Damages paid: $ h. What was the method of payment of the Liquidated Damages? 0 Paid by the Contractor ■ N Attachment 1 Page 9of 9 0 Paid by the City/Town with funds withheld from payment to the Contractor. i. Did the Contractor appeal the final decision to assess Liquidated Damages to the Wage Appeals Board? 0 Yes ❑ No j. Attach copies of all correspondence relative to any Liquidated Damages. 5. If appropriate, attach a recommendation of and justification for sanctions against the Contractor. Submitted by: Signature Andy Armstrong_ Typed Name Date Mana rCommunity & Economic Development Ze- Title &forms/closeout03 Attacli ertt 1 Page 9of 9 OKLAHOMA DEPARTMENT OF COMMERCE (ODOC) Office of Community Development INSTRUCTIONS FOR COMPLETING CLOSE OUT DOCUMENTS All original signed documents including the Transmittal must be submitted within sixty days after the contract ending date or upon completion of the project whichever comes first. For Economic Development contracts, the project must be complete and all jobs as set out in the application for funding must be created before the project can be closed out. All contracts with open loans are not considered closed out until the loans are paid in full, however, closeout documents must still be submitted to our office in accordance with the instructions above. Upon receipt of the final loan payment municipalities/counties that have previously submitted closeout documents accepted by our office will automatically be considered closed out. Municipalities/counties that have submitted closeout documents on projects with open loans will be eligible to apply for future funding. The Contract Period listed on each document must correspond to the dates listed on the contract and subsequent modifications. If the ending date was changed, the latest modification date must be used. Note: The Final Expenditure Report is for contract closeout only. If additional funds are due you as the Contractor, the proper must be submitted prior to submission of the closeout documents. 1. Final zxpenditure Report. Enter the correct total expenditures by line item in the appropriate column. The Budget column must reflect the latest approved budget amounts for the contract. "Remaining Balance" is the budget less expenditures year-to-date. The interest reconciliation is for interest earned on deposits of CDBG funds only. Any unexpended interest must be returned to ODOC with the check made payable to HUD. 2. Contract Closeout Cex i i,ca ions a Total Cash Received/Requested must be for the total contract period. Total Accrued Expenditures must be the total amount expended as shown on the Final Expenditure Report. The form. must be dated and include the names and signatures of the Chief Elected Official, the Clerk and/or Accountant, and the person Preparing the closeout S:forms/closeoutW Attadiment I Page 9of 9 OKLAHOMA DEPARTMENT OF COMMERCE (ODOC) Office of Community Development INSTRUCTIONS FOR COMPLETING CLOSE OUT DOCUMENTS 3. Program Beneficiary Report ® Program Benefit: For each Program Activity report on actual accomplishments. For Units Completed, enter the number of structures /parcels acquired or cleared. For economic development projects, enter the number of full-time positions created or retained. In ethnic, Female Head of Household and Disabled columns, enter actual information on the number of beneficiaries. The ethnic origins total must equal the Total Number of Beneficiaries. 4. Proof of Publication of Notice of Second Public Hearing; The municipality /County must attach documentation that a public notice was posted/advertised informing citizen of the second public hearing to be held. A copy of the hearing minutes must also be included. 5. Final wage Compliance Report: Enter information on liquidated damages or wage restitution paid by the construction contractor. 6. Proof of Tnsurance: The grant recipient must attach proof of property coverage insurance for any aboveground facility built or renovated and/or for equipment purchased with CDBG funds. 8. Final _rnspecuon Report. The grant recipient must attach a certified copy of the final inspection report provided by the Engineer/Architect, indicating the project is complete and acceptable. (NOTE): If no engineer/architect services are utilized then it #7 will suffice. S:forms/closeoutW w TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRFCTOR DATE: March 4, 2004 By virtue of its size, the City of Owasso receives $67,132 in Community Development Block Grant (CDBG) funds each year, contingent upon the approval of the grant application that the City must make yearly. The Oklahoma Department of Commerce (ODOC) administers these funds as part of its "Small Cities set -aside progranf'. To this point in time, the City has used this money to improve sidewalks in an area between 76 Street and 86Street, from Highway 69. to Atlanta Street. The City of Owasso has begun we process o to qlju�- rwLuul CDBG program. The amount of funding would be $67,132. To receive this ftmding, the City must hold a public hearing to accept any recommendations from the public on community development needs within the City of Owasso. Additionally, the City must submit a letter of intent to ODOC announcing that the City is proceeding with efforts to �.c,��ure grant funds for 2004. Annual CDBG fimds can be used for a variety of projects within the eligible neighborhoods of the community. A map showing the eligible area is attached with this memorandum. Generally, the area currently includes census blocks located south of 76h Street, northeast of Elm Creek and southeast of the Owasso Expressway/86 th Street interchange, and in the Main Street area south of Fourth Street, I A area, an income survey must be performed. Thus, the surveyed area is not shown as being included in the Census blocks that are eligible for funding. Two general types of projects are eligible for CDBG funding — community development projects and economic development projects. Examples of community development projects include sidewalks, street improvements, and projects that increase handicapped accessibility to community facilities. Examples of economic development projects include waterlines and sewerlines. 0 14 MU, M�� The purpose of the public hearing will be to receive recommendations and any citizen input on community development needs within the City of Owasso for the FY-04 project. The public hearing must be held to satisfy the requirements of the CDBG program for FY-04. No action is required for the public hearing. The purpose of the letter of intent is to officially announce to the Oklahoma Department of Commerce that the City of Owasso is interested in participating once again in the CDBG Small Cities Set Aside Program. The staff recommends that the Council authorize the Mayor to execute the letter of intent. ATrACUMENTS: I . Map of project eligible neighborhoods 2. Drawing of proposed restroom 3 ° Map of proposed sidewalks 4s Letter of intent 5. Public Hearing Notice SIDE ELEVATION @ CONCESSION WINDOW LOOT '. LANDINGS, WALKWAYS AND RAMPS ARE TO BE SUPPLIED AND INSTALLED BY OTHERS AS REQUIRED TO MEET LOCAL HANDICAP ACCESSIBILITY REQUIREMENTS. END ELEVATION 4 scut VN STANDARD BUILDING MATERIAL LIST MODEL: DW86-2432—CON—STO QUANTITY BUILDING MATERIALS 1 PRESSURE TREATED PINE FRAMING 1 2' x 6' #2 SYP TONGUE & GROOVE ROOF DECKING 1 25 YEAR FIBERGLASS SHINGLE, ALUMINUM DRIP EDGE, AND 15# ROOFING FELT 1 ALUMINUM INTERIOR BASE AND CORNER MOLDING 6 CUSTOM FRAMED SKYLIGHT 4' WIDE 4' LONG 1 EXTERIOR SHEATHING CEDAR TI-11 WITH Ix CEDAR TRIM I I BEAM STEEL REINFORCED CONCRETE FLOOR 4 RUSTIC REDWOOD OR CEDAR DOORS W/ HARDWARE 1 PRIME PAINTED STEEL DOORS W/ HARDWARE 1 KEMUTE INTERIOR CLASS C CONTINUOUS WALL TO WALL, FLOOR TO CEILING 1 COMTEC 1' THICK POLY PLASTIC PARTITIONS ALUM &SS HARDWARE 2 PRESSURE TREATED PRIVACY SCREEN OVERHW TREWS W/SIDING PANEL PLUMBING MATERIALS 6 CHINA W/C W/ CARRIER 6 CONCEALED FLUSH VALVE (HYDROFLUSH) 2 CHINA URINAL W/ CARRIER 2 CONCEALED FLUSH VALVE (HYDROFLUSH) 6 CHINA WALL HUNG LAVATORY W/ CARRIER 6 T & S BRASS SELF CLOSING FAUCET (HOT & COLD) 10 P—TRAP ASSEMBLY 6 BROKAR TRAP WRAP 1 HOT WATER TANK —ELECTRIC (40 GALLON) 3 HOSE BIBB 1 AFRO 3CS3-1410-11.5LR SS TRIPPLE COMPARTMENT SINK i AERO HSF W/ S-68 HAND SS SINK WITH SIDE SPLASH I ELECTRICAL MATERIALS 6 HUBBELL CSB 1151 SINGLE POLE SWITCHES 1 BROAN S130 CEILING MOUNT FAN (130 CFM) 1 BROAN 443 DUCT KIT FOR ABOVE 12 GFCI OUTLET W/ BOX 6 INTR FLSCNT LIGHT 4OW KENALL 7170 3 EXTERIOR LIGHT KENALL 5210 N.P. SODIUM 50W 1 LIGHT SWITCH W/ PHOTO CELL — 2 CHASE LIGHT CANPLAS 67VECMG 10OW I PANEL BOX (200 AMP) 2 ADD FOR GFi CIRCUIT BREAKERS: I ACCESSORIES 2 CONCEALED GRAB BAR— 36' SS STEEL BOBRICK B-6806x36 ! 2 CONCEALED GRAB BAR— 42' SS STEEL BOBRICK 8-6806x42 6 FRAMELESS STAINLESS STEEL MIRROR 24'x36'. BOBRICK B-1556 2436 1 6 DOUBLE ROLL TOILET TISSUE DISPENSER. BOBRICK B-27460 2 SURFACE MOUNT TOUCHBUTTON BAND DRYER . BOBRICK B-751 2 SS STEEL RECESSED TOWEL DISPENSER 13X25X4. BOBRICK B-36203 I 2 SS STEEL RECESSED WASTE RECEPTACLE 13X31X4. BOBRICK B-52503 1 TOWEL DISPENSER WITH WASTE BOBRICK f'S B-262 & B-261 I 32 2' WIDE POLY PLANK W/MOUNTING HARDWARE (LINEAL FOOT):. JI 1 QMI 4'x6' ROLL UP WINDOW WITH 2 x6' POLY COUNTER MISCELLANEOUS f 15 STAIN/SEALER 2 SIGNS 1 ENGINEERS SEAL WDF 8 L ° RMP ODES: DW36--24�32-COIF-STO Kh1EFSH Rd La z z LJ > < �J > EE-ij AL; # I L x w D MAIN STREET ol fif l Of L, --- M_ ___ BEET 'I NOTE 1. SEE S.EEISA-. FOR SIDEWALK PLANS 6 2. SEE SHEETS 9-10 FOR SIDEWALK AND RAMP DETAILS LEGEND ' PROPOSED 2004 SIDEWALK O rIEM f (FROM ENGINEERING ESnMATE) 101 FY 2002 CDBG AIDA SIDEll.ff.ATL REHABILITA TION OVERALLP --CITY OF-OWASSO. OKLAHOMA 2004 CDBG Project ® Owasso, Oklahoma Preliminary Engineering Estimate for Sidewalks All Projects Pro'. # Description Qnty Unit Unit $ Total 1 Restroom for Skate ark 1 EA $109,000.00 $ 109,000.00 2 From Skate ark to Main ST 495 LF $19.75 $ 9,776.25 3 From Main ST to 4th Ave 320, LF $19.75 $ 6,320.00 4 From 4th Ave to 3rd Ave 360 1 LF $-19.75 $ 7110.00 11761 Total Cost: $ 132,206.25 I-ALTN. Descri tion Qn!y IUnit I Unit$ Total r 1-1 From 3rd Ave to 76th St 205 1 LF 1 $19.751 $ 4.048 75 I I I Total Alternate Cost: 1 $ 4,048.75 1 Q0 49wasso I I I North Main PO Box 180 *wasso, OK 74052 WIM Mr. Scott Myers Don of Community Afaifrs and Development Oklahoma Department of Commerce P.O. Box 26980 IM111111- RE: FY 04 Small Cities Letter of Intent (918) 376-150it FAX (918) 376-1591 The City of Owasso would Re to participate in the FY 04 CDBG Small Cities Set :at Program. We have received the Application Guidelines information related to the FY 04 Small es Program and understand that $66,450 has been reserved for the City of 0 .' 4. Sincerely, Gary Cochran Mayor Cc: INCOG A Public Hearing has been set for March 16, 2004, at 6:30 p.m. at the City Council Meeting Room in Old Central, 109 North Birch, in the City of Owasso, Oklahoma, to receive recommendations on community development needs within the City of Owasso. fhese recommendations will be considered by the Owasso City Council in developing and approving an application to be submitted the Oklahoma Department of Commerce (ODOC) for funding consideration under the FY-04 Community Development Block Grant (CDBG) Program. The City of Owasso is expected to receive an allocation of $66,450 under the State's Small Cities Set -aside. The City will also receive comments on the performance of the City in regard to sidewalk improvements that have been completed under the FY-01 and FY-02 CDBG Program years. The sidewalk improvement program target area is generally designated as the area of the City 3 to 4 blocks cast and west of Main Street between 76Street North and 86t" Street North. Citizens are requested to participate in the Hearing and express their views on community development needs. The Owasso City Council will incorporate any comments or proposals, where feasible, in the FY 04 CDBG Application to be submitted to the Oklahoma Depai tment of Commerce by June 3 0, 2004. Posted: Date By: Community Development Director is : RODNEY J. RAY, CITY MANAGER FROM. isFISHER, FIRE 1> I 4 The City of Owasso initiated a municipally managed ambulance service in 1977. The service was operated by the City's Fire Department and was licensed as a 66Basic" level provider. As the City grew the responsibilities of the ambulance service increased. Eventually, in 1987 the City's ambulance service area was defined and included the area covered by the City's "fence line". The City Council, recognizing the need for a quality service that was well staffed and adequately funded, also determined at that time that a dedicated revenue stream would help ensure the delivery of a quality ambulance service. At that time, a two dollar 66surcharge" was added to the monthly utility bill of all customers with the commitment from the Council that no citizen would be charged for ambulance service. The revenue from that surcharge was divided between an Ambulance Service Fund (operational needs) and an Ambulance Capital ]Fund (major equipment needs) giving the Service Fund 75% of all revenues and the Capital Fund 25%. Additionally, the Council created a subscription charge for those area residents within the ambulance district but not living within the Owasso City Limits. That charge was $4.00 per month and afforded the same protection as the city residents received. That 1987 action was incorporated and codified by Ordinance #369 (see attachment #1). Subsequently, Ordinance 9.369 was amended to provide for a fee reduction for persons over the age of 65 or persons living below the national poverty level (see attachment # 2, Ordinance #373). Later, in 1995 the City Council adopted Ordinance #508 reallocating the ambulance surcharge revenues to provide that 85% of all revenues are allocated to the Ambulance Service Fund and 15% are allocated to the Ambulance Capital Fund (see attachment #3). It should also be noted that the level of ambulance service was upgraded to an advance level service, utilizing paramedic protocol (the City now employees thirteen paramedics, 48% of all firefighters are now paramedic certified). Since 1987, the City has had a dedicated revenue stream to help provide ambulance service to a relatively large district. However, it is important to note that the City's general fiend continues to provide more than 50% of the overall cost of the ambulance service. In recognizing the need to stabilize, to the extent possible, the City's revenues thus avoiding the "roller -coaster" effect of funding critical services via sales tax, the staff Ambulance Funding Alternatives Page 2 March 3, 2004 is constantly searching for new methods of funding these services. Recently, Chief Fisher and his staff began reviewing a method of funding ambulance service created by the Legislature and known as a "522 Ambulance District". That review indicates there exists the potential to stabilize revenues, spread the coast of ambulance service to all who receive the benefit, increase the ability to serve our growing population and improve the existing service. That potential could be realized by creating a statutorily permitted Ambulance District within the Owasso School District boundary (generally the same as our current Ambulance District). Such a district would impose a three mill levee on all property for the purpose of providing ambulance service to the entire district without further cost to the citizens of the district. This proposal relates to the City Council taking action to create a section "522 Ambulance District" within the boundaries of the Owasso School District, authorizing the staff to petition the County Commissioners of Tulsa and Rogers County to create such a district, and call an election to determine if the voters of the District approve the levee of a three mill assessment. r Currently the City of Owasso has three forms of ambulance revenue: utility billing receipts, ambulance subscriptions, and third party billing. ® Utility billing revenues are the result of a $2.00 fee on each water bill that is paid monthly by citizens served by the City of Owasso water system. ® The subscription revenues are a result of subscriptions for ambulance service paid by citizens in Owasso and surrounding areas that are not directly serviced by the City of Owasso system or do not pay a utility bill (i.e. apartments, mobile home parks, baptist Retirement Centex, etc.). ® The third party billing revenues are derived from ambulance calls that result in insurance companies being billed. The following is a break down of projected revenues collected for ambulance services in FY 2004: Utility Billing and Subscriptions $192,000.00 Third party billing $368,000.00 Total $560,000.00 The "522 Ambulance District" regulation provides for the assessment of up to three mills within the district. Although the Owasso "fence line" is slightly smaller than the Owasso School District, the Owasso Fire Department currently covers a majority of the school Ambulance Funding Alternatives Page 3 March 3, 2004 district and could easily expand to the school district boundaries without significant added expense. The statutes creating the ambulance district requires a vote of the people to assess the $.003 millage on their taxes to pay for ambulance services. In order to hold an election, the city would have to petition the county commissioners in both Rogers and Tulsa County. The Owasso School District's total net accessed tax value is $221,809,512.00. Creating an ambulance district under the new regulations will allow a $.003 millage on these taxes. The total revenue the city should receive from the tax is approximately $670,000.00 if passed by the citizens. Potential revenues upon the creation of an ambulance district would be as follows: Tax Millage $ 670,000.00 Third party Billing $ 368,000.00 Total $1,038,000.00 This would result in an increase of current revenues in the Fire Department by $478,000.00. Third party billing would also increase as the city continues to grow. COMMENTS: ® A 522 district requires creation of a Board of Trustees, it is assumed that the City Council could be designated as such; however, one of the statutory provisions requires that there be at least one trustee from each county included in the district. There are issues with this provision that must be discussed and r--solved. It is "assumed" that at least four members of the five trustees will be Owasso Councilors and that a "long -terra" contract would be initiated between the district and the City immediately upon creation of the district. Such contract for the provision of ambulance service from the City to the District. ® It certainly appears that this concept could provide a win -win solution to several issues relating to service, revenue, reduction in cost to citizens, equity of service payment and long terra allocation of City revenues from other sources. ® While there are issues to be resolved, this concept could provide as much as $550,000 in additional revenue. ® Using the concept a substantial amount of property tax revenue would come from the Cherokee Industrial Park thus finally allowing that area to help fiend some of the services they receive (fire, ambulance). Ambulance Funding Alternatives Page 4 March 3, 2004 The staff recommends the pursuit of the 522 Ambulance District, changing the revenue source from the utility billing and serving the entire Owasso School District with ambulance service. 1. Ordinance #369 2. Ordinance #373 3. Ordinance #508 4. 522 Ambulance District regulations wong4mg1l uwa g BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT -. SECTION 1. That the Code of ordinances of the City of Owasso, OR-1—ahoma, Part Thirteen (1,�I, Public Safety, Chapter Two (2), Fire Department, be amended to provide by inclusion and codification therein, the following, to -wit: 41190MA"Mm- Section 13-226 - Definitions As used herein the following terms shall be given the meanings set forth opposite same, "ADVANCE LIFE SUPPORT" means the provision by an emergency medical provider of advanced emergency medical care services which: a) exceed the level of basic life support as defined in the Emergency Medical Service Improvement Act, Title 63 O.S. S 330.71 through 330.83; b) include the use of sophisticated transportation vehicles and equipment and telemetry communications; c) are staffed by advanced level certified emergency medical technicians; and, d) are capable of providing on -site, pre -hospital and inner -hospital mobile intensive care in conjunction with specialized critical care units in emergency departments in appropriately staffed health care facilities within the State of Oklahoma, "AMBULANCE" means any ground vehicle designated and equipped to transport and provide emergency medical patient care to one or more acutely ill or injured persons, such ground vehicle at all times meeting the requirements as set forth under the provisions of Section Two (2) Subsection Three (3) of the Rules and Regulations of the Emergency Medical Services Division, Oklahoma State Department of Health promulgated pursuant to the "Emergency Medical Service Improvement Act", 63 O.S. S 330.71 et seq., "AMBULANCE SERVICE", means the transport component of an emergency medical service'4'system possessing vehicles designed specifically for transport of the critically injured and the sudden illness patient, equipped with life supporting supplies and equipmefit as defined under the provisions of the Emergency Medical Service Improvement Ac Title 63 0. S. § 330.71 through 330.83 to sustain the I BON 1" 0,14 J84, 1 0 , 4 patient at the scene and in route to a hospital. Further, such shall be construed and interpreted to include personnel trained in emergency procedures, as defined in the afore -referenced Act, and capable of stabilizing the patient at the scene and maintaining that stable condition while transporting the patient, "EMERGENCY MEDICAL SERVICES" means the transportation of,an immediate medical care provider to an emergency patient prior to his arrival at a medical facility. Emergency medical services include all services rendered to the emergency patient to prevent loss of life or aggravation of physiologinal or psychological illness or injury, "EMERGENCY PATIENT" means an individual who is acutely ill, injured or otherwise incapacitated or helpless and who requires emergency medical services. "NON -EMERGENCY MEDICAL SERVICE" means the transfer of an individual who is not acutely ill, injured or otherwise incapacitated or helpless, requiring emergency medical services, but on the contrary, one who is requiring transfer from ones abode or place of residence to a medical care facility or from a medical care facility to ones abode or place -of residence. Section 13-227 ® Organization There is hereby created within the Fire Department of the City of Owasso, Oklahoma, and placed under the control and supervision of the Fire Chief of said Department, an ambulance service for the purpose of providing the citizenry of the City of Owasso, Oklahoma, and persons in areas adjacent thereto, as hereinafter delineated, emergency medical services and non -emergency medical transport services® Section 13­228 - Service Provided A. Emergency Medical service® 1) The emergency medical service to be provided hereunder shall at all times be no less than that level of service denoted as advanced life support service. 2) The minimum level of service above referenced shall at all times be maintained and operated in accordance with the rules and regulations of the State Commissioner of Health, Department of Health, State of Oklahoma, promulgated pursuant to the provisions of the "Emergency Medical Services Improvement Act", Title 63, O.S. S 330.71 through § 330.83. 3) The foregoing provisions of this Section shall not be construed or interpreted so as to preclude the proper officers of this City from providing more advanced levels of emergency medical services than that required hereunder® Non -emergency medical services may, under the limitations set forth below, be provided hereunder, provided, same shall at all times comply with the provisions of the Emergency Medical Services Improvement Act, Title 63 O.S. S 330.71 through S 330.83, and further, such provision of non -emergency medical service shall at all times be subordinate to the provision of emergency medical service as provided hereunder. 044 pg, The ambulance service herein provided for shall be authorized to provide emergency and non -emergency medical services to persons within the geographical limits as set forth on the attached map, referenced as Exhibit "All hereto, same generally being those areas within the fenceline of the City of Owasso, Oklahoma, as existing; provided, however-, such area may be expanded to include any areas outside such designation which are subsequently annexed to the City of Owasso, Oklahoma, or enclosed within the fenceline thereof® The foregoing shall not be construed so as to preclude the ambulance service from providing emergency medical service, as defined herein, outside the above designated service area in aid to other jurisdictions, or ambulance services, pursuant to mutual aid agreement, interlocal cooperation agreement, or otherwise; provided, however, payment therefor, if not pursuant to mutual aid or interlocal cooperation agreement, shall be based upon existing fee schedules. Subject to the limitations set forth below, the emergency and non -emergency medical service to be provided in the areas above referenced shall be provided at no charge to the following persons, to -wit: a) Residents of the City of Owasso, Oklahoma, residing within single family dwellings, as defined under the Zoning Code of the City of Owasso, Oklahoma, whether same be permanent structures or movable manufactured housing, as well as all household members, both temporary and permanent, thereof; b) Residents of the City of Owasso, Oklahoma, residing within multi -family dwellings, as defined under the Zoning Code of the City of Owasso, Oklahoma, as well as all household members, both temporary and permanent, thereof, who under the provisions set forth below, subscribe to such ambulance service and pay the designated subscription fee therefore; c) Persons residing within areas outside the corporate limits of the City of Owasso, Oklahoma, but withlin the area included within, Section 13-229 hereof, as well as all household members, both temporary and permanent, thereof, who subscribe to said ambulance service and pay the designated subscription fee therefore; and, d) Any other person within the designated area set North in Section 13-229 hereof in need of emergency medical service for payment of the actual cost of said service. No person, residing outside the area of service as set forth in Section 13-229, shall be allowed to participate in the subscription service provided for in this section. Section 13-231 - Extent of Service Providedg Upon proper notification, and under the limitations herein set forth, the ambulance service herein provided for shall respond to an emergency patient, as defined herein, within the areas set forth in Section 13-229 hereof, upon response providing on -site and transfer emergency medical service to the level of care as mandated herein as well as authorized under the license issued by the Commissioner of Health, State Department of Health, State of Oklahoma® -3- 300Vt 041 ?APE j The emergency transfer herein provided for shall consist solely of vehicular transfer and to medical care facilities lying within a twenty-five (25) mile radius of the corporate limits of the City of Owasso, Oklahoma. The foregoing shall not -be construed or interpreted so as to obligate or require the ambulance service to provide emergency medical transport service other than vehicular), nor, authorize the incurrence of obligation therefore. In the event it is determined, on -site, by the emergency medical technician, or, any health care provider, in such persons sole discretion, that a more advanced level of care or -xpeditious mode of transport is medically necessary, such alternative advanced level of care or mode of transport shall be considered as being outside the obligations and requirements of this ordinance. Upon proper notification, and under the limitations set forth herein, the ambulance service shall respond to a request for non -emergency medical transport of a non -emergency medical patient, as defined herein, residing within the areas set forth in Section 13-229, provided, 1) The ability to provide emergency medical service would not be adversely affected; and, 2) Such non -emergency medical transport shall be to or from an area within that area set forth in Section 13-229 hereof, and, to or from a health care provider within a radius of twenty-five (25) miles of the corporate limits of the City of Owasso, Oklahoma. 1111iiiii, A. Areas Within The Corporate Limits of The City of Owasso, Oklahoma - Water Rate Increase: For every single family residence, whether same is of a permanent nature or movable manufactured housing, multi -family dwelling, commercial or industrial establishment, as defined under the Zoning Code of the City of Owasso, Oklahoma, there is hereby provided an increase in water rates of Two Dollars ($2.00) per month per residence or establishment above -referenced, same to be charged and collected on a monthly basis by the Owasso Publiu Works Authority as in the case of existing water and other utility charges. Citizens within multi -family residential dwellings may, to participate in the ambulance service provided for herein, subscribe to said ambulance service for a monthly fee of Two Dollars ($2.00), such payable not less than biannually. Those citizens residing within such multi -family residential dwellinas, not subscribing to the ambulance service provided for herein, shall be charged for emergency or non -emergency medical service based an the existing fee schedule therefore. B. Areas outside Corporate Limits - Subscription Fee - Any person residing within the service area above designated, desirous of subscribing to the ambulance service for the benefit of said person or said persons household members, whether same be temporary or permanent, may do so upon the payment of a subscription fee of Four Dollars ($4.00) per month, if such person is connected to the Owasso water and sewer system, or, Forty-eight Dollars ($48.00) per year if such person is not connected to said water and sewer system. so OX "a 041 P."GE jZL9 Section 13-233 - Establishment of Funds, Utilization of Revei,ues: There is hereby established, under the provisions of the Municipal Budget Act, 11 O.S. §17-201 et seq., an enterprise fund, such to be separate and apart from any departmental account within the general fund of the City of Owasso, Oklahoma, and denoted as the Owasso Ambulance Service Fund. Seventy-five percent (750) of all monies received for the benefit of the ambulance service herein created, whether resulting from the increased water rate herein charged, subscription fees, service fees, donations, or grants, shall be placed to the Owasso Ambulance Service Fund to be utilized solely for ambulance service equipment or facility acquisition or improvement, education, public relations, ambulance service personnel salaries, or other special uses related to the ambulance service as recommended by the City Manger and approved by resolution of the City Council. In addition to the foregoing there is hereby created pursuant to the provisions of the Municipal Budget Act, 11 O.S. § 17-201, a capital improvement fund, such to be separate and apart from any other existing capital improvement fund within the City of Owasso, Oklahoma, and denoted as the Owasso Ambulance Service Capital Improvement Fund. Twenty-five percent (25%) of all monies received for the benefit of the ambulance service herein created, whether resulting from the increased water rate herein charged, subscription fees, service fees, donations, or grants, shall be placed to the Owasso Ambulance Service capital Improvement Fund to be utilized solely for improvement related to equipment and facilities of the ambulance service; provided, however, if no expenditures are made from said fund within a period of five (5) years from the date of initial deposit therein, then, in such event, no additional accumulation therein shall occur and such percentage amount, subsequently received, shall be placed into the Enterprize Fund, abovecreated, for use for the purposes set forth in said Enterprize Fund. All citizens of the City of Owasso, Oklahoma, over the age of sixty-five (65) years, or those citizens of the City of Owasso, Oklahoma, living below the national poverty level as determined by the United States Government, may, upon proper application therefore, receive a diminution in the rate increase or subscription fee provided for herein in an amount of One Dollar ($1.00) per month per household. The application shall be on forms as provided by the office of the City Manager of the City of Owasso, Oklahoma, and shall be considered by the City Manager of the City of Owasso, Oklahoma, or his designee. In the event a rate diminution is sought and refused by the office of the City Manager of the City of Owasso, Oklahoma, the applicant may appeal said decision by filing a written notice of appeal with the Clerk of the City of Owasso, Oklahoma, within ten (10) days from the date of denial, whereupon, same shall be considered by the City Council of the City of Owasso, Oklahoma. That the provisions of Section I hereof shall remain effective for a period of ten (10) years from the effective date thereof, whereupon, upon the expiration of said time period, unless such provisions are readopted, in whole or in -5- 300� 3-0di PAGE 1823 part, by the City Council of the City of Owasso, Oklahoma, such shall expire and the provisions thereof be no longer of any force and effect. Rgmtel"M That any Ordinances of a permanent or temporary natur in conflict of the provisions hereof are hereby expressly repealed. wla"Loii That this Ordinance shall, upon passage, take effect thirty (30) days from the date of publication hereof as provided under the Charter of the City of Owasso, Oklahoma, and the laws of this State® PASSED AND APPROVED this day of June, 1987. Von t® —Stockle—r, Mayor Attest: �523&2 wmnp�� City Attorney CO r2 :K > 1� Bou WIG PArE 2029 1A 9 A GINN= Al 1G 20 PH 2: 20) T U U "1 -1 L BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, SECTION 1-- Ordinance Number 369 of the City of Owasso, Oklahoma, relating to Part Thirteen (13), Public Safety, Chapter Two (2), Fire Department, Codified Section Number 13-234 relating to Fee Diminution, as ordained pursuant to Section One (1) of Ordinance Number 369, be amended by repeal of Codified Section Number 13-234 Fee Diminution as ordained pursuant to Section One (1) of *rdinance Number 369, and in lieu thereof there be provided the following, to -wit: Section 13-234 ® Fee Diminution Any person residing within the service area above referenced and connected to the Owasso Water and Sewer System, whether such connection is pursuant to single family residence or multifamily residential dwellings as herein provided, over the age of sixty-five (65) years, or living below the national poverty level as determined by the United States Government, may, upon proper application therefore, receive a diminution in the rate increase or subscription fee provided for herein in an amount of one dollar per month per household® The Application shall be on forms as provided by the office of the City Manager of the City of Owasso, Oklahoma, and shall be considered by the City Manager of the City of Owasso, Oklahoma, or his designee. In the event a rate diminution is sought and refused by', the office of the City Manager of the City of Owasso, Oklahoma, the applicant may appeal said decision by fil written notice of appeal with the clerk of the City 09,K' Owasso, Oklahoma, within ten (10) days from the date;b denial, whereupon, same shall be considered by the Council of the City of Owasso, Oklahoma®, SECTION 2.- The remaining provisions of Ordinance, - Number 369 of the City of Owasso, Oklahoma, shall, eApd ad. ,pt, expressly provided herein, remain unaffected hereby. `_ , SECTION 3: By reason of potential loss of great sums of revenue to the City resulting from imminent loss of customers, such situation potentially impacting upon the ambulance service system established by Ordinance Number 369 and the purposes to be achieved thereby, the health, safety and welfare of the inhabitants is threatened, thereby necessitating declaration of an emergency whereby the 8GOX SO PAGE 0030 provisions of this ordinance shall, upon passage, take effect immediately upon publication hereof. DATED this 4th day of August, 1987, with the emergency clause voted upon and approved separately. Van E. . Sto . cKler, Mayor Attest: JanBuchan CityOle App ov as to Form: ,2-1 TULSA COUNTY CLERK - JOAN HASTINGS RCPT 103715 07/17/95 09:36:15 DOC # 95060612 FEE 0.00 PGS 2 S/P 5723/1424-1425 CITY OF OWASSO, OKLAHOMA ORDINANCE No. 508 AN ORDINANCE RELATING TO PART 13 - PUBLIC SAFETY, CHAPTER 2 - FIRE DEPARTMENT, ARTICLE C - AMBULANCE SERVICE, SECTION 13-237 - ESTABLISHMENT OF FUNDS, UTILIZATION OF REVENUES, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SECTION 13-237B BY REDUCING THE OWASSO AMBULANCE SERVICE CAPITAL IMPROVEMENT FUND FROM TWENTY-FIVE PERCENT (25%) TO FIFTEEN PERCENT (15%), AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: Section 1. Part 13 - Public Safety, Chapter 2 -Fire Department, Article C - Ambulance Service, Section 13-237 - Establishment of Funds, Utilization of Revenues, of the Code of ordinances of the City of Owasso, Oklahoma, is hereby amended to provide as follows, Bo In addition to the foregoing there is hereby created pursuant to the provision of the Municipal Budget Act, Section 17-201 of Title 11 of the Oklahoma Statues, a capital improvement fund, such to be separate and apart from any other existing capital improvement fund within the city, and denoted as the Owasso Ambulance Service Capital Improvement Fund. Fifteen percent (15%) of all monies received for the benefit of the ambulance service herein created whether resulting from the increased water rate herein charged, subscription fees, service fees, donation, or grants, shall be placed to the Owasso Ambulance Service Capital 0 X Improvement Fund to be utilized solely for improvement related to equipment and facilities of the ambulance ser . provided, however, if no expenditures are made V4Ce; from the fund within a period of five (5) years from the date of initial deposit therein, then, in such event, no additional accumulation therein shall occur and such percentage amount, subsequently received, shall be paid into the Enterprise Fund, above created, for use for the purposes set forth in the Enterprise Fund. Section 2. This ordinance shall become effective thirty (30) days from the date of first publication as provided by State Law. APPROVED % this " day of -9- f 1995. u,119 MarjA,a,`BoLAwell,t city clerk Ronald D. Cates, City Attorney CITY OF OWASSO, OKLAHOMA Charles L. Burris, Mayor 4 o" 2780-288.or3 OSCN Found DocumentEmergency Medical Service Districts Page I of 3 ()Nm�oou�Cmmstbehwn e-*AOkKaho| a m� @� ��oahoma Constitution ��� "^�^rtic)eRevenueAmdTexation RlSectioo Article 10semtion 9C-Emergency Medical Service Districts § 9C.Emergency Medical Service Districts (a) The board of county commissioners, or boards if more than one county is involved, may call a special election to determine whether or not an ambulance service district shall be formed. An election shall also be called by the board or boards involved upon petition signed by not less than ten percent (10%) of the registered voters of the area affected. Said area may embrace a county, a part thereof, or more than one county or parts thereof, and in the event the area covers only a part or parts of one or more counties, the area must follow school district boundary lines. All registered voters in such area shall be entitled to vote, as to whether or not such district shall be formed, and at the same time and in the same question authorize a tax levy not to exceed three (3) mills for the purpose of providing funds for the purpose of support, organization, operation and maintenance of district mnnbu|mnoe sen/irea, known as emergency medical mewicedistricts and hereinafter referred tuam"diothcto.''|fthe formation of the district and the mill levy is approved by a majority of the votes cast, a special annual recurring ad valorem tax levy of not more than three (3) mills on the dollar of the assessed valuation of all taxable property in the district shall be levied. The number of mills shall be set forth in the election proclamation, and may be increased in o later election, not to exceed ototo| levy of three (3) mills. This special levy shall be in addition to all other levies and when authorized shall be made each fiscal year thereafter. Each district which is herein authorized, or established, shall have a board of trustees composed of not less than five members. Such trustees shall be chosen jointly by the board or boards of county commissioners, provided that such membership shall be composed of not less than one individual from each county or part thereof which is included in said district. ' Original members gthe board of trustees shall hold office, as follows: At the first meeting of said board, board members shall draw lots to determine each trustee's original length of term in office. The number oflots to be provided shall be equal to the number of original members of the board, and lots shall be numbered sequentially from one through five, with lots in excess of the fifth lot being also numbered sequentially from one through five until all lots are numbered. Each original member or members added by an expansion area of the board shall hold office for the number of years indicated on his or her lot. Each year, as necessary, the board or boards of county commissioners shall appoint successors to such members of the board of trustees whose terms have expired' and Such subsequent appointments shall hafor terms offive (5)years. Such board of trustees shall have the power and duty to promulgate and adopt such rules, procedures and contract provisions necessary to carry out the purposes and objectives of these provisions, and shall individually post such bond as required by the county commissioners, which shall not be less than Ten Thousand Dollars ($10,000.0[). The district board of trustees shall have the additional powers to hire a manager and appropriate personnel, contract, organize, maintain or otherwise operate the emergency medical services within said district and such additional powers ommay baauthorized bythe Legislature. (b) Any district board of trustees may issue bonds, if approved by a majority vote at a special election for such OSCN Found Document. -Emergency Medical Service Districts bonds shall be issued for the purpose of acquiring emergency vehicles and other equipment and maintaining and housing the same. (c) The bonds authorized above shall not bear interest at a greater rate than that authorized by statute for the issuance of city municipal bonds. Such bonds shall be sold only at public sale after twenty (20) days' advertisement in a newspaper for publication of legal notices with circulation in the district. Any district may refund its bonds as is now provided by law for refunding municipal bonds. (d) Any district board of trustees, upon issuing bonds as authorized in subsection (b) of this section, shall levy a special annual ad valorem tax upon the property within the district, payable annually, in a total amount not to exceed three (3) mills on the dollar, on the real and personal taxable property in such district, for the payment of princ'pal and interest on outstanding bonds, until same are paid. However, the trustees may, from time to .;one, suspend the collection of such annual levy when not required for the payment of the bonds. In no event shall the real and personal taxable property in any city or town be subject to a special tax in excess of three (3) mills for the payment of bonds issued hereunder. (e) There may also be pledged to the payment of principal and interest of the bonds herein authorized to be issued: (1) any net proceeds from operation of the district that the board of trustees of the district shall deem not necessary to the future operation and maintenance of said emergency medical service; or (2) any monies available from other funds of the district not otherwise obligated. (0 Bonds shall be issued for designated sums with serial numbers thereon and maturing annually after three (3) years from date of issue. All bonds and interest thereon shall be paid upon maturity and no bonds shall be issued for a period longer than thirty (30) years. Any district board of trustees may in its discretion schedule the payment of principal over the thirty-year period so that when interest is added there will be approximately level annual payments of principal and interest. (g) In the event the mill levy as set forth in the original election proclamation is less than three (3) mills, the board of trustees may request the county commissioners to call a subsequent election to consider increasing the mill levy; provided, however, the total levy authorized by subsection (a) hereof shall not exceed three (3) mills. (h) The board of trustees of any district shall have jurisdiction over the sale or refunding of any bonds issued by the district and shall be responsible for the economical expenditure of the funds derived from the bonds. (i) Such districts shall be empowered to charge fees for services, and accept gifts, funds or grants from sources other than the mill levy, which shall be used and accounted for in a like manner. Persons served outside the district shall be charged an amount equal to the actual costs for the service, not taking into account any income the district receives from millage or sources within the district. The board of trustees shall have legal authority to bring suits necessary to collect accounts owed and to sue and defend as necessary for the protection of the noard. The State Examiner and Inspector shall conduct an annual audit of the operations of suci i districts. 0) Any emergency medical service district may expand to include other counties or parts thereof, provided that an election is called by the county commissioners whose county or counties, or parts thereof, are to be added to in the established district; and provided further, that the county commissioners in the original district concur in the calling of said election. The proposed expansion area shall only be added to the original district if approved separately by a majority vote, by the voters in both the original district and in the expansion area, at an election called for that purpose. The county in which the expansion area is located shall have not less than one member on the board of trustees. Appropriate millage or other approved method of financial support shall be levied in the expansion area, when said area is added to the original district which millage shall be levied at the rate used to cover operational costs and outstanding bonded indebtedness as provided in Section 9C, (d) and (e), Article X. (k) Any district may be dissolved, or the millage levy changed, by a majority vote of the registered voters voting at an election called for that purpose by the county commissioners of each county or part thereof included within the district; provided that such an election shall not be called unless either three -fifths (3/5) of the trustees of such district request the county commissioners to call such an election, or the respective county commissioners are presented a petition signed by not less than twenty percent (20%) of all registered voters in the district. (1) In the event a district is dissolved, any mill levy used to support, organize, operate and maintain the emergency medical service district shall cease, provided that such mill levy shall not cease until all outstanding emergency medical service bonds of that district are retired and all other debts incurred by the emergency medical service OSCN Found Document: Emergency Medical Service Districts Page 3 of 3 district have been satisfied. (m) All elections called under the provisions hereof shall be conducted by the county election board or boards of each county or counties involved, upon receipt of an election proclamation, issued by a majority of the board or boards of county commissioners in the area affected. In the event more than one county is involved, said proclamation must be a joint proclamation from a majority of the board of county commissioners of each county involved. Said proclamation shall be published in one issue of a newspaper of general circulation in each county involved in the_ area affected at least ten (1 Q) days prior to said election, and said proclamation shall set forth the purpose of the election, and the date thereof. The county election board or boards shall certify the results of an election to the board or boards issuing such proclamation. (n) The board of any distr. ,t shall have capacity to sue and be sued. Provided, however, the board shall enjoy immunity from civil suit for actions or omissions arising from the operation of the district, so long as, and to the same extent as, municipalities and counties within the state enjoy such immunity. (o) In lieu of proceeding to establish a district as outlined hereinabove through the county commissioners, the governing body of any incorporated city or town may proceed to form a district, join an existing district or join with other incorporated cities or towns in forming a district. In such case, said governing body shall be considered as being substituted as to the powers and duties of said county commissioners as set forth hereinabove; provided, further, said city or town shall be considered as being substituted as to the powers and duties of a district formed, as set forth hereinabove. All rights, duties, privileges and obligations of the residents and voters in such city nr town shall be the same as those outlined for the district as set forth above. A KTIFU-0i=1 I TO: THE HONORABLE MAYOR AND CITY COU-11CAJ CITY OF I FROM: MEMBERS OF THE OWASSO ECONOMIC DEVELOPMENT AUTHORITY OUBJECT: FINDINGS AND RECOMMENDATIONS FOR THE MAIN STREET REDEVELOPMENT VISION AND PRIORITIES A major priority in the development of Owasso is improving the vitality of the Main Street area. Over the years, the Main Street neighborhood has become increasingly underutilized. The street lacks an identity and a vision. This situation presents an opportunity for the City to improve the Main Street area and create a vital core for the community to identify with and enjoy. In September 2001, the City adopted a document known as the Owasso Downtown Development tke -yl?x4tr reieyelsqi ir t-br, This document provides a fomdation upon which to build a vision. The development of the plan was assisted by the large amount of participation by area residents, property owners, and other citizens. As a result of the passage of Tulsa County's Visioning 2025 initiative in September, the City of Owasso will receive an estimated $1.2 million. Tulsa County has restricted the use of these ftmds to improvmg downtown areas and neighborhoods. A plan for the spending of this money must be m place by lure 301th In order to effectively create and implement a plan for improving the DowntoWD area, the City must have a development concept and vision that clearly defines not just the individual projects, but also the philosophy that will chive the various decisions leading up to implementatiori. basic redevelopment concepts for improving Main Street. The public must invest funds and take a leadership role in improving the neighborhood. Responsibilities of the public involve the overall appearance of Main Street, from the streetscape to utilities and from lighting to park areas. Private investment must be incented. Businesses that invest in Main Street are the engine that will revitalize the area, setting an example for others to follow and creating a source of pride and identity for the entire community. Also, development regulatio,ns must be considered for Main Street, regulations that would set the commercial standards for the neighborhood apart from the rest of the city. Once a vision is articulated, •- r_ projects fsimproving Main Street need to be evaluated. ' •invest , with monies gathered from sources such as Visioning 2025, could include the follo *nce the alternatives are listed and studied, they should be prioritized and implemented according to .fg.ctors such as cost-effectiveness and desirability among property owners. mi as asked The Owasso Econo c Development Authority w identified as the appropriate body and asked develop recommendations that included fi • of • 1 lic funds in the Main Stre area after developing a base conceptand philosophy. of the OEDA eightover an period •' consider specificfor of NIVIDA was asked to make a recommendation to the City Council with specific projects prioritized the redevelopment. Elie city staff provided.Awith the .•'joptions co improvinga in Street area. examination An of the prioritizationpairings projects that were ranked the highest. For example, Kplocatigg utilities undergroundleave method11 requirement for a new of street lighting. This necessary• abe a : rt of t streetscqpin project, as the existing high fights powered by overhead fines on wooden poles replaced Also, # •• could be logical t - -. �� for induc pgprivate investors to improve the Main Street area. The OEDA recommends that the City Council relocate overhead utility lines underground along Main Street from 3d Street to 76thStreet North, and that the streetlights along that same section of road be replaced by pedestrian -oriented theme fighting. Further, the OEDA recommends that the City Council pursue the acquisition of land along the Main Street corridor for the purposes of developing a town square. 2. The OEDA advises the City Council that the OEDA and municipal staff will continue I research the benefits, issues, and possibilities of creating an Urban Renewal Authority, wi the intention that the OEDA will forward a future recommendation to the Co concerning whether or not it would be advantageous to create a Main =trel, Redevelopment Authority. 1. Main Street map P— Memorandum to City Manager dated October 7, 2003 3. Memorandum to OEDA dated January 7, 2004 4. Memorandum to OEDA dated January 14, 2004 5. List of possible Main Street improvement projects 6. Tabulated results of the prioritization of improvement projects 7. Copy of a PowerPoint presentation outlining the Main Street Improvement Initiat' 8. State provisions for the creation of an urban renewal authority I If the City Council accepts the redevelopment options that have been selected and prioritized, the projects will be scheduled. Cost requirements will be studied and the available funds will be allocated according to the priorities. Al Recently, the VE-I'A was actvisect of a po =e of an urban renewal authority. The use of an urban renewal authority is a significant economic development tool that is often Ms of commerc • flow from MIT, 'A I ONION The OEDA reconnnends that the City Council adopt this report as a base concept for Downtown redevelopment and as a plan of action for investing pqbhc funds to improve the Main Street area and 04 TO: fO NEYR \ C12£ F OWASSO FROM: ERICw7.\2 (#\i«}L«}L\ DEVELOPMENT + LC±+f $±22: ■»« 33MMI major priority in the development of Owasso simproving the vitality of the Mai Street area. Over the years, the Main y,c< neighborhood has become increasingly unsightly and underutilized. The street lacks »,identity and :vision. First, a vision must ;edeveloped, forming2>consensus »<t• property owners alo:4» Street and community business leaders. < How do we want Main Street 4develop? What f uses belong»«aMain Street? The stafficoordinating :. .w.»!,4 form vision that the City can present to the property owners and Sd.>ss leaders for consideration in the IV. Once the alternatives are listed and studied, they will be prioritized and implemented according to factors such as cost-effectiveness and desirability among property owners. 3 TO: TIFIE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: MAIN STREET REDEVELOPMENT VISION AND PRIORITIES DATE: January 7, 200A] IN 11, 1 I 1, 971wom The Owasso Economic Development Authority is an appropriate body to recommend priorities for redeveloping the Main Street area. Two special meetings o It the OEDA -,Nifl, b �e held in January to consider specific projects for the improvement of Main Street. The OEDA will be asked to Y-nLke a recommendation to the City Council with specific projects prioritized for the redevelopment. Once the redevelopment options have been selected and prioritized, they will be scheduled. Cost requirements will be studied and the available funds will be allocated according to the priorities. There are three basic redevelopment concepts for improving Main Street. The public must invest funds and take a leadership role in improving the neighborhood. Responsibilities of the public involve the overall appearance of Main Street, from the streetscape to utilities and from lighting to park areas. Private investment must also be solicited, with incentives if necessary. Businesses that invest in Main Lw 17f' t �iwqrei, seimi an 6"Ie for others to follow and creating a 4111M 0101181111111A�1=4 lip M& W_ considered for Main Street, regulations that would set Me commerclat slat s 1( apart from the rest of the city. Once a vision is articulated, specific alternatives for improving Main Street need to be evaluated. Public investment, with monies gathered from sources such as Visioning 2025, could include the following: relocating utilities underground, streetscaping, land acquisition, identification gateways and monuments, cultural amenities Eke amphitheaters, biking and hiking trails, a downtown improvement fund, a town square, and other facilities and services. Private investment could be encouraged with incentives. Development regulations could come in the form of an overlay district that would adjust standards for setbacks, parking, architectural styles, and land use. E6tei-faid studied, jhg4, should•be prioritized and implemented according tn factors such as cost-effectiveness and desirability among property owners. 1. Map showing the Main Street area and neighborhoods covered by the Downtown Improvements Plan 2. Possible Main Street Improvement Projects O MEMBERS OF THOWASSO ECONOMIC DEVELOPMENT AUTHORITY E FROM: ERIC I. COMMUNITY DEVELOPMENT DIRECTOR I: STREET REDEVELOPMEIIT VISION AND PRIORITIES DATE: January 4 all At its meeting on Januaryd with a request to develop recommendations for • i • c i provided copies of the downtownexistmg � improvement plan,upcoming,v.. of • and asked the OEDA to prioritize suggested Main Street improvement projects. Such projects would comprise the public investment concept of the Main Street redevelopmentredevelopment privateconcepts are investment and developmentregulations. On JanuaryOr' x Will be asked to make a reconunendation:rthe City Council with specific prioritizedprojects prioritized, they will be scheduled. Cost requirements will be studied and the available funds will be allocated according to the priorities. method An examination of the prioritization results reveals, interesting potential pairings among the four projects that were ranked the highest. For example, rplocating utilities underground would leave a requirement for a new of street fighting. This necessaryr could be a part o. the streetscaping project, as the existing high lights powered by overhead fines on wooden poles could be replaced , pp by underground lines. Also, .. � The staff recommends that the OEDA forward a recommendation of projects to the city council. A suggested recommendation, if the OEDA members are in agreement about the prioritized rankings, would be that the city pursue the four highest -ranked projects (utilities relocation, streetscaping, land acquisition, and town square) with the $1.2 million from the Tulsa County Visioning. It is probable that $1.2 million will be insufficient to complete all four projects- A possible alternative could be to relocate the utilities underground and install new streetlights from the Main Street/2 nd Street intersection south to the Main Street/761h Street intersection, and use the remaining funds to acquire land for a town square site. 7. Downtown Improvement Fund Establish an improvement fund with the initial funds. Use only portion of the annual proceeds on downtown improvements and reinvest the remainder for future use. Goal® -Have. a continuous flow of program money. -Have a fund to build on and support additional initiatives. -Create an exclusive program 8. Town Square Create a public gathering space in a distinctive form and location that would aid in establishing and reinforcing the community identity and culture. MAIN STREET PROJECTS PRIORITIZATIProposed Project ON Points 1. Relocating utilities underground 51 2. Street scaping 37 3. Land acquisition 37 4. Town Square 35 5. Cultural amenities 29 6. Identification: Gateways, traffic ciricle, signature piece, etc. 24 7. Downtown Improvement fund 20 8. Bike/Hiking trails 18 1. Main Street Redevelopment Projects Prioritization 2. Brief descriptions of possible Main Street improvement projects 3. Oklahoma statutes authorizing and describing Urban Renewal Authorities As a result of the recent Vision 2025 passage, the City of Owasso will receive approximately $1.2 million from the Tulsa County Visioning to be utilized on improvements to the downtown and neighborhood areas. The following is a list of possible proiects: 1. Relocating utilities underground This project would take overhead utility wires underground. Goal: -Improve downtown aesthetics. -protect utilities from the elements (wind, ice... 2. Street scaping Providing landscaping, benches, decorative street lighting, sidewalks and other amenities. Goal: -Improve downtown aesthetics. -create positive image and identity. 3. Land Acquisition Purchase derelict or underutilized parcels in the downtown area to consolidate into larger tracts and market for redevelopment. Goal: -Create positive image. -redevelop downtown. 4. Identification: Gateways, traffic circle, signature piece Establish (an) architectural monument(s) as place markers identifying the district and producing a positive image catalyst for the area Goal® -Create positive --ommunity identity. -Improve downtown aesthetics. 6o Bike/Hiking trails Build hiking/biking trails along the railroad right-of-way downtown or establish bike lanes along in downtown streets. Goal: -Improve downtown image. -Bring activity downtown. We Have A Plan e Have Funding - Q"z We Need Rec'omm en dations A *oWntown Owasso Redevelopment Plan II a&% low 01&� u;Street Improvement Initiative A plan f6r investing the visioning must �y- kY � ;N Thev Pu' blic must invest funds and s. We rship role i I indfuclin"'� the t_ies the s�tretw �11 L h� t a d mi,l a am ti o n `, _ . . VA . ,. . . . . gy § ay.,,r"mn- ... :� .a w > . > Fubimic Invest em E 4� C J ;,: „ .... ., ��. � .,, n ., is %5f � na 4y� � f P � t • � w F' • .n � ., rfi � 2 i Y ,J `� � � F. 6aa i from downtown streets, �� a �. � � y � � � � . Ow `� r �sag e'bf;ijowfitown plop W Identification: Gateways., traffic circles .. nu et(s) at � a b t Loultural Amenities Crea;fte(cultural/social facilities f rs 4IR � 7 ; te bench "Mark ar • >•_ �� �� ,�t sn mater A �t itectural Bikeffliking Trai I to. connec"o the, metropolitan Jx A 0 0 -f rdow asso to greater MITI' I Iii irovement Fu'nd `I I f `,� r� 1 I i �' � � ;;,� ,� ` e 6,�, � � /rt., o � �' y is ``�'� u :. � ?��.. R', D ,,I Section 38-101 Definitions and Applicability 38-102 Declarations and Findings 38-103 ) Workable Program for Utilization of Private and Public Resources 38-104 Maximum Rehabilitation and Redevelopment by Private Enterprise - Public Housing Fa- cilities 38-105 Resolution - Approval by Voters in Municipalities under 1001000 Population 38-106 Urban Renewal Plan - Public Hearings -Approval and Modification - Disaster Areas 38-107 Urban Renewal Authority 38-108 Enumerated Authority Powers - Powers and Duties Excluded 38-109 Powers of Municipalities or Other Public Bodies 38-110 Powers of Redevelopment Corporations or other Private Pei -sons or Corporations 38-111 Condemnation Powers 38-112 Exemption of Property From Judicial Process and Taxation 38-113 Acquisition of Property other than by Means of Eminent Domain ® Payment of Taxes - Excess Property 38-114 Sale or Lease of Real Property - Obligations of Purchasers or Lessees - Owner Participation Agreements 38-115 Notes or Bonds 38-116 Notes or other Obligations as Legal Investments 38-117 Organization or Urban Redevelopment Corporations - Powers, Duties and Obligations 38-118 Personal Interest of Public Officials or Employees in Project or Property 38-119 Law Governing 38-120 Tax Increment Allocation District Authorized - Hearing 38-121 Ad Valorem Tax may be Applied 38-122 Notice to County Officers - Assessment of District 38-123 Apportionment of Millage - Method of Computation 38-1 SECTION 38®101. DEFINITIONS AND APPLICABILITY The provisions of this article shall apply to all municipalities in this state except as otherwise provided. The following terms whenever used or referred to in Sections 38-101 through 38-1 19 of this title shall have the following meanings, unless a different meaning is clearly indicated by the context: I. "Authority" or "Urban Renewal Authority" shall mean a public body corporate created by Section 38-107 of this title; 2. "Public body" shall mean the state or any incorporated city, town, board, commission, authority, district, or any subdivision or public body of the state, 3. "Municipality" shall mean any incorporated city or town, 4. "Municipal governing body" shall mean the council, board of trustees. or other body duly charged with governing a municipality; 5. "Mayor" shall mean the mayor of a municipality or other officer or body having the duties customarily imposed upon the executive head of a municipality, 6. "Clerk" shall rnealn the clerk or other official of a municipality who is the custodian of the official records of the municipality; 7. "Federal Government" shall include the United States of Arnerica or any agency or instrumentality, corporate or otherwise, of the United States of America; 8. "Blighted area" shall mean an area in which there are properties, buildings, or improvements, whether occupied or vacant, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation or open spaces; population overcrowding; improper subdivision or obsolete platting of land, inadequate parcel size; arrested economic development; improper street layout In terms of existing or projected traffic needs, traffic congestion or lack of parking or terminal facilities needed for existing or proposed land uses in the area, predominance of defective or inadequate street layouts, faulty lot layout In relation to size, adequacy, accessibility or usefulness, unsanitary or unsafe conditions, deterioration of site or other i rn provern e tits, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land; defective or Unusual conditions of title, any one or combination of such conditions which substantially impair or arrest the sound growth of municipalities, or constitutes an economic or social liability, or which endangers life or property by fire or other causes, or is conducive to ill health, transmission of disease, mortality, juvenile delinquency, or crime and by reason thereof, is detrimental to the public health, safety, morals or welfare; 9. "Urban renewal project" or "redevelopment project" may include undertakings and activities of a municipality, an urban renewal authority, redevelopment corporation, person or other corporation, in an urban renewal area for the elimination and for the prevention of the development or 3 8-2 spread of blight, and may involve clearance and redevelopment in an urban renewal area, or rehabilitation or conservation in an urban renewal area, or any combination or part thereof in accordance with an urban renewal plan. Such undertakings may include: (a) acquisition of a blighted area or portions thereof: (b) demolition and removal of buildings and improvements; (c) installation, construction or reconstruction of streets, off-street parking facilities, utilities, parks, playgrounds, and other improvements necessary for carrying out in the urban renewal area the urban renewal objectives of this article in accordance with the urban renewal plan; (d) disposition of any property for uses in the urban renewal area or the leasing or retention of such property for uses in accordance with the urban renewal plan; (e) carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the urban renewal plan, or (f) acquisition of any other real property in the area where necessary to eliminate unhealthful, unsanitary or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities; 10. "Urban renewal area" means a blighted area within which the governing body of a municipality designates an area appropriate for an urban renewal project; H. "Urban renewal plan" means a plan officially adopted by the municipal governing body, as it exists or is changed from time to time, for an urban renewal project, which plan shall: (a) conform to the general plan for the municipality as a whole except as provided in subsection I of Section 38w 106(e) of this title; and (b) be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as inay be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maxiinum densities, building requirements, and the plan's relationship to definite local objectives respecting appropriate land uses, traffic, public transportation, public utilities, recreational and community facilities, and other public improvements, and plans for financing the project, and plans for the relocation of families and businesses to be displaced; 12. "Real property" shall include all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection there with, and every estate, interest, rialht and use, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage4or otherwise; v ti 13. "Notes" shall mean any notes (including refunding notes), interim certificates of indebtedness, debentures or other obligations; 14. "Obligee" shall include any bondholder, agents or trustees for any bondholders, or lessor demising to the municipality property used in connection with an urban renewal project, or any assignee or assignees of such lessor's interest or any part thereof, and the Federal Governinent when it is a party to any contract with the Urban renewal Authority of the municipality; 15. "Person" shall mean any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and shall include any trustee, receiver, assignee, or other person acting in a similar representative capacity, 16. "Area of operation" shall mean the area within the corporate limits of the municipality; 17. "Board" or "Commission" shall mean a board, commission, department, division, office, body or other unit of the municipality; 38-3 18. "Public officer" shall mean any officer who is in charge of any department or branch of the government of a municipality relating to health, fire, building regulations, or to other activities concerning dwellings in its area of operation; and 19. "Redevelopment corporation" shall mean a corporation organized under the provisions of Section 38-117 of this title. It is hereby found and declared that there exists in certain municipalities blighted areas as herein defined which constitute a serious and growing menace, injurious and inimical to the public health, safety, morals and welfare of the residents of said municipalities; that the existence of such areas contributes an economic and social liability imposing onerous burdens which decrease the tax base and reduce tax revenues, substantially impairs or arrests sound urban growth, retards sound economic development, aggravates traffic problems and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of blight is a matter of state policy and state concern; that the state and such municipalities shall not continue to be endangered by areas which are focal centers of disease, promote juvenile delinquency, and consume an excessive proportion of its revenue because of extra services required for police, fire, accident, hospitalization and other forms of public protection, services and facilities; that by such prevention and elimination, property values will be stabilized and tax burdens more equitably distributed, and the financial and capital resources of the state will be strengthened; that this menace can best be remedied by cooperative participation of private enterprise, municipal governing bodies an&public agencies. It is further found and declared that certain blighted areas, or portions thereof, may require acquisition, clearance, and disposition subject to use restrictions, as provided in this article, since the prevailing conditions of decay may make impracticable the reclamation of the area by conservation or rehabilitation; that the conditions and evils hereinbefore enumerated may be eliminated, remedied or prevented; that the salvable blighted areas can be conserved and rehabilitated through appropriate public action as herein authorized, and the cooperation and voluntary action of the owners and tenants of property in such area. It is further found and declared that the powers conferred by this article are for public uses and purposes for which public money may be expended and the power of eminent domain and police power exercised-, and it is hereby declared that it is a matter of legislative determination that the provisions of this article are enacted in the public interest. SECTION 38-103. WORKABLE PROGRAM FOR UTILIZATION OF PRIVATE AND PUBLIC RESOURCES A municipality for the purpose of this article shall formulate for its area of operation a workable program for utilizing appropriate private and public resources to eliminate and prevent the development or spread of blight, to encourage needed rehabilitation, to provide for the redevelopment of blighted areas, or to undertake any of these activities or other feasible public activities as may be suitably employed to achieve the objectives of the work able program. The workable program may include, without limitation, provision for: the prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning and occupancy controls and standards, the 38-4 rehabilitation or conservation of blighted areas or portions thereof by replanning, removing congestion; providing parks. play grounds and other public improvements, br encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of blighted areas or portions thereof. SECTION 38-104. MAXIMUM REHABILITATION AND REDEVELOPMENT BY PRIVATE ENTERPRISE - PUBLIC HOUSING FACILITIES The Urban Renewal Authority and any municipality, to the greatest extent determined to be feasible in carrying out the provisions of this article, shall afford maximum opportunity, consistent with the Sound needs of the municipality as a whole, to the rehabilitation or redevelopment of the urban renewal area by private enterprise. The Urban Renewal Authority and the municipality shall give consideration to this objective in exercising their powers under this article, including the formulation of a workable pro gram, the approval of urban renewal plans (consistent with the general plan of the municipality), and the exercise of its zoning powers, the enforcement of other law, codes and regulations relating to the use of land and the use and occupancy of buildings and improvements, the disposition of any property acquired, and the provision of necessary public improvements. Nothing herein shall be construed to authorize any municipality or Urban Renewal Authority to construct or operate public housing facilities. SECTION 38-105. RESOLUTION - APPROVAL BY VOTERS IN MUNICIPALITIES UNDER 100,000 POPULATION A. No Urban Renewal Authority created by this article shall exercise the authority or powers granted by this article until after the municipal governing body shall have determined by resolution that such action is in the public interest and elects to have such authority or powers exercised by the Urban Renewal Authority if one exists or is subsequently established. B. No municipality shall exercise the authority granted by this article until. after the municipal governing body shall have adopted a resolution finding that: (I ) one or more blighted areas exist in its area of operation, and (2) the rehabilitation. conservation or redevelopment, or a combination' thereof, of such area or areas is necessary in the interest of the public health, safety, morals and welfare of the residents of such area. C. No municipality which has a population of less than ten thousand (10,000) inhabitants, as shown by the latest federal census, shall exercise the authority granted by this article until a majority of the registered voters of the municipality who vote at an election to be held for that purpose shall have approved same. (Amended, effective S-2-Om914). SECTION 38-106. URBAN RENEWAL PLAN - PUBLIC HEARINGS - APPROVAL AND MODIFICATION - DISASTER AREAS A. The Urban Renewal Authority may itself prepare or cause to be prepared an urban renewal plan or any person or agency, public or private, may prepare and submit such a plan to the municipality. Prior to the approval of an urban renewal plan by the municipal governing body, the plan shall be submitted to the planning commission having official planning jurisdiction in the municipality and such planning commission shall determine if such plan conforms with the general plan for its area of operation and the 3 8-S municipality, and the planning commission shall submit its written recommendations to the municipality with respect thereto within sixty (60) days after receipt of the plan. B. A municipal governing body shall not approve an urban renewal plan for an urban renewal area unless such governing body, by resolution, has determined such area to be a blighted area and designated such area or portion thereof, as appropriate for an urban renewal project. The municipal governing body shall not approve an urban renewal plan or project until a general plan for the municipality has been adopted as the long-range development policy, and such urban renewal plan shall adhere thereto; provided, however, that such general plan must have designated and delineated urban renewal areas, established the appropriate reuse of such areas and established priorities for the rehabilitation or clearance and redevelopment of such areas. The Urban Renewal Authority or a municipality shall not acquire real property for an urban renewal project unless the municipal governing body has approved the urban renewal plan in accordance with Subsection D of this section. C. Upon receipt of the recommendations of the planning commission, or if no recommenda- tions are received within the sixty-day period, then without such recommendations, the municipal governing body may proceed with the hearing on the proposed urban renewal project as prescribed by Subsection D of this section. D. The municipal governing body shall hold a public hearing on an urban renewal plan. after public notice thereof by publication at least one time not less than fifteen (15) days prior to the date of such public hearing, in a newspaper having general circulation in the area of operation of the municipality-. and by posting not less than five (5) public notice signs, each having at least nine (9) square feet of display area, for a period of fifteen (15) successive days including the day of the public hearing for which notice is being given, in the area affected by the proposed urban renewal plan, and shall outline the general nature and scope of the urban renewal project under consideration. F. Following such hearing, the municipal governing body may approve an urban renewal plan if it finds that: (1) A feasible method exists for the relocation of families and businesses who will be displaced from the urban renewal area in decent, safe and sanitary accommodations within their means and without undue hardship to such families and businesses; (2) The urban renewal plan con forms to and assists in the execution of the general plan of the municipality as a whole, provided, however, if the planning commission fails to make such a determination within the prescribed sixty (60) days, or makes a determination to the contrary, not less than four -fifths majority vote of the municipal governing body shall be required to make this finding; (3) The plan Includes feasible methods for financing the project, and (4) The urban renewal plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise. F. Ali urban renewal plan may be modified at any time in accordance with the following procedure: (1) The Urban Renewal Authority determines the proposed modification to be desirable, (2) 'The planning commission deter mines that the proposed modification conforms to the general plan for the municipality and makes its recommendations pursuant to the modification or not as it may determine. Public hearings required for the adoption of an urban renewal plan in the first instance shall be held if the governing body determines the modification to be a significant deviation from the existing urban renewal plan, in which case, approval of the modification shall be in the same manner as prescribed by this article for adoption of any urban renewal plan. If the governing body determines the modification not to be a significant deviation or to be merely technical or for clarification purposes, the governing body may act Without such public hearings. 3 8-6 G. If modification of the plan is proposed after the lease or sale by the Urban Renewal Authority of real property in the urban renewal project area, such modification may be conditioned upon the approval of the owner, lessee or successor in interest as the authority may deem advisable and in any event shall be subject to such rights at law or in equity as a lessee oi• purchaser, or his successor or successors in interest, may be entitled to assert. H. Upon the approval by the municipal governing body of an urban renewal plan or of any modification thereof, such plan or modification shall be deemed to be in full force and effect for the respective urban renewal area and the Urban Renewal Authority may then cause such plan or modification to be carried out in accordance with its terms. I. Notwithstanding any other provisions of this article, where the municipal governing body determines that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, wind, earthquake, storm or other catastrophe respecting which the Governor of the state has certified the need for disaster assistance under Public Law 875, Eighty-first Congress (42 U.S.C. Sections 1855-1855g), or other federal laws, the municipal governing body may approve an urban renewal plan and an urban renewal project with respect to such area without regard to the provisions of subsection E of this section and the provisions of this section requiring a general plan for the municipality and a public hearing on the urban renewal project. zn SECTION 38-107, URBAN RENEWAL AUTHORITY A. There is hereby created in each municipality to which this article is applicable, a public body corporate to be known as the "Urban Renewal Authority," or such other name as may be designated by the governing body of the municipality, which may sue or be sued; provided, that such Authority shall not transact any business or exercise its powers hereunder until or unless the governing body of the municipality has made the finding prescribed in Section 38-105 of this title. B. When the Urban Renewal Authority is authorized to transact business and exercise powers hereunder, the mayor, subject to the approval of the municipal governing body, shall appoint a Board of Commissioners consisting of five (5) members. The term of office of each such Commission member shall be for three (3) years, except that of the members first appointed, one shall serve for a term of one (I ) year and two shall serve for terms of two (2) years. Tile initial appointments, regardless the calendar date when such appointments are made, shall expire oil the July 31 closest to the full one, two or three-year terra to which such members are appointed. Thereafter, and after the expiration of Initial terms, all members shall serve terms of three (3) years. All terms of office, including initial appointments, shall expire as of July 31 and new terms shall cornmence on .August I of the calendar year. C, The mayor of the Municipality shall designate from the duly appointed Commission members, a Chairman and Vice Chairman who shall serve terms of one (1) year, beginning August I of each calendar year, or until a successor is named. Should the mayor fail to designate a Chairman or dice Chairman within thirty (30) days after the separation date of the former Chairman, the Commission may elect a Chairman or dice Chairman from its membership by a simple majority vote of its members. The Chairman, and in his absence the Vice Chairman, shall call and preside over meetings of the Board of Commissioners, direct the recording of minutes of its deliberations, and appoint committees and assign their respective activities. 38-7 D. A Commissioner shall receive no compensation for his services but shall be entitled to necessary expenses, including traveling expenses, incurred in the discharge of his duties. Each Commissioner shall hold office until his successor has been appointed and qualified. A certificate of the appointment or reappointment of any Commission member shall be filed with the clerk of the municipality and such certificate shall be conclusive evidence of the due and proper appointment of such Commission member. Commissioners shall not be personally liable for obligations of the Urban Renewal Authority. E. The powers of an Urban Renewal Authority shall be exercised by the Commissioners thereof. A majority of the Commissioners shall constitute a quorum for the purpose of conducting business and exercising the powers of the Authority and for all other purposes. Action may be taken by the Authority upon a vote of a majority of the Commissioners, unless in any case its bylaws shall require a larger number. Any person may be appointed as a Commissioner if he has resided for five (5) years within the municipality or an area annexed to the municipality and is otherwise eligible for such appointment under this article. F. The Urban Renewal Authority may employ an executive director, technical experts and such other agents and employees, permanent and temporary, as it may require, and determine their quali- fications, duties and compensation. The Authority may receive legal services of the staff of the munic- ipality or it may employ or retain its own legal counsel and legal staff and may contract for any services necessary to its operation under this article. An Authority authorized to transact business and exercise powers under this article shall file, with the mayor and the municipal governing body, on or before July 31 of each year, a report of its activities for the preceding fiscal year ending June 30, which report shall include a complete financial statement setting forth its assets, liabilities, income and operating expenses as of the end of such fiscal year. At the tirne of filing the report, the Authority shall publish in a newspaper of general circulation in the area of operation, a notice to the effect that such report has been filed with the mayor and municipal governing body and that the report is available for inspection during business hours in the office of the clerk or other appropriate officer of the municipality and in the office of the Urban Renewal Authority. G. A Commission member may be removed from office prior to the expiration of the term for which he was appointed only for inefficiency or neglect of duty or misconduct in office by a two-thirds majority vote of the municipal governing body after hearing based on charges which are'written and a copy delivered to such Commission member at least ten (10) days before such hearing. A Commission member may represent himself at such hearing or be represented by counsel. (Amended, effective 4-9-86). SECTION 38®108m ENUMERATED AUTHORITY POWERS 9 POWERS AND DUTIES EXCLUDED A. Every Urban Renewal Authority within the pro visions of this article shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this article, including the following powers in addition to others herein granted: 1. To undertake and carry out the urban renewal projects within its area of operation and in accordance with any urban renewal plan adopted by the municipality; and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this article; and to disseminate blight and urban renewal information; 38-8 2. To provide or to arrange or contract for the furnishing by any person or aszencv.. public or private, of services, privileges, works, streets, roads, public utilities. or other facilities for or in connection with an urban renewal project; to install, construct, and reconstruct streets, off-street parking facilities. utilities, parks, play grounds, and other public improvements; and to agree to any conditions that it may deem reasonable and appropriate attached to Federal financial assistance and imposed pursuant to Federal law relating to the determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of an urban renewal project, and to include in any contract let in connection with such a report, provisions to fulfill such of said conditions as it may deem reasonable and appropriate; 3. With the permission of the owner or occupant, to enter into any buii ling or property in any urban renewal area within its area of operation in order to make inspections, survevs, appraisals, soundings or test borings; provided if permission be denied, to so enter for such purpose, upon reasonable notice and at reasonable times, with the least possible inconvenience to the persons in possession, and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted; to acquire by purchase, lease, option, gift, grant, bequest, devise, eminent domain or otherwise, any real property, or personal property for its purposes, together with any improvements thereon; to hold, improve, clear or prepare for redevelopment any such property; to mortgage, pledge, hypothecate or otherwise encumber or dispose of any real property; to insure or provide for the insurance of any real or personal property or operations of the authority or the municipality against any risk or hazards, including the power to pay premiums on any such insurance, and to enter into any contracts necessary to effectuate the purposes of this article; provided, however, that no statutory provisions with respect to the acquisition, clearance or disposition of property by public bodies shall restrict the authority of municipality of other public body exercising powers hereunder, in the exercise of such functions with respect to an urban renewal project, unless the Legislature shall specifically so state; 4. To invest any urban renewal project funds held in reserves or sinking funds or any such funds not required for immediate disbursement, in property or securities in which savings banks, buildin6 and loan associations or savings and loan associations may legally invest funds; to redeem such notes as have been issued pursuant to Section 38-1 15 of this title at the redemption price established therein or to purchase such notes at less than redemption price, all such notes so redeemed or purchased to be canceled; S. To borrow money and to apply for and accept advances, loans, grants, contributions and any other form of financial assistance from the federal government, tile' states County or other public body, or from any sources, public or private, for the purposes of this article, and to give such security as may be required and to enter into and carry out contracts in connection therewith. an authority may include in any contract for financial assistance with the federal government for all urban renewal protect such conditiOtls imposed pursuant to federal laws as the authority may deem reasonable and appropriate and which are not inconsistent with the purposes of this article; 6. To make or have made, within its area of operation, surveys and plains necessary to the carrying out of urban renewal plans or projects, and to contract with any person. public or private, in making and carrying out such plans. Such plans may include: (a) urban renewal plains; (b) preliminary plans outlining urban renewal activities for neighborhoods to embrace two or more urban renewal areas; (c) plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements; (d) plans for the enforcement of state and local laws, codes and regulations relating to the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation.. demolition, or removal of buildings and improvements; or (e) appraisals, title searches, survevs, studies, and other plans and work necessary to prepare for the undertaking of urban renewal projects: 38-9 7. To develop, test, and report methods and techniques, and carry out demonstrations and other activities, for the prevention and the elimination of blight and to apply for, accept and utilize grants of funds from the Federal Government or any other source for such purposes; 8. To prepare plans for the relocation of persons. families, business concerns and others displaced by an urban renewal project, and to make relocation payments to or with respect to such persons for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of such payment financed by the Federal Government but not limited thereby; 9. To make such expenditures as may be necessary to carry out the purposes of this article, 10. To organize, coordinate and direct the administration of the provisions of this article as they apply to the municipality in order that the objective of remedying blighted areas and preventing the causes thereof within its area of operation may be most effectively promoted and achieved, and to establish such office or offices necessary to carry out such purposes most effectively, or 11. To exercise all or any part or combination of powers herein granted, provided that the records covering all transactions shall be open to public scrutiny and may be inspected by any person affected thereby during regular office hours and upon reasonable notice. B. The duties, powers or authority of the Urban Renewal .Authority shall not include: I. The power to determine an area to be a blighted area and to designate such area as appropriate for an urban renewal project; 1 The power to prepare, establish, or amend a general plan for the locality as a whole, 3. The power to formulate a workable program; 4. The power to make the determinations and findings provided for in Section 38-105 and subsection E of Section 38-106 of this title; S. The power to issue general obligation bonds; 6. The power to appropriate funds of the municipality. to levy taxes and assessments, 7. The power to zone or rezone; or 8. The power to make exceptions to zoning ordinances or building regulations of the municipality. SECTION 38-109. POWERS OF MUNICIPALITIES OR OTHER R PUBLIC BODIES A. For the purpose of aiding in the planning, undertaking or carrying out of an urban renewal project, a municipality or any other public body may: 1. Cause public buildings and public facilities to be furnished, including parks, playgrounds, recreational, community, educational, water. sewer, or drainage facilities, or any other works which it is 38-10 otherwise empowered to undertake; furnish, dedicate. close, vacate, pave, install, grade, rearade. plan or replan streets, roads, sidewalks, ways or other places: or make exceptions from building regulations; and cause administrative and other services to be furnished; 2. Accept by gift or otherwise acquire, with or without consideration. title to real property in an urban renewal project area, hold such real property and enter into lease -purchase or other agreements respecting the operation, use, or disposal of such land, with a duly organized urban redevelopment corporation or Urban Renewal Authority. Such lease -purchase or other agreements shall contain such terms and conditions as may be deemed necessary and convenient to the execution of an urban renewal plan; or 3. Appropriate funds for urban renewal purposes. B. If at any time title to or possession of any real property in an urban renewal project is held by any municipality or public body or governmental agency which is authorized by law to engage in the undertakings, carrying out, or administration of urban renewal projects (including any agency or instrumentality of the United States of America), the provisions of the agreements referred to in this section shall insure to the benefit thereof and may be enforced by such public body or governmental agency. C. Any sale, conveyance, lease or lease -purchase agreement or agreement provided pursuant to this section may be made by a public body to any other public body without appraisal, public notice, advertisement or public bidding. D. For the purpose of aiding in the planning. undertaking or carrying out of all urban renewal project hereunder, a municipality or an Urban Renewal Authority or any other public agency, board or body may (in addition to its other powers and upon such terms, with or without consideration, as it may determine) do and perform any or all of the actions or things which such public agencies or public bodies are authorized to do or perform, including the furnishing of financial and other assistance. E. For the purposes of this section, or for the purposes of aiding in the planning, undertaking or carrying out of an urban renewal project, such municipality may issue and sell its general obligation bonds. Any bonds issued by a municipality pursuant to this section shall be issued in the planner and within the limitations prescribed by laws of this state for the issuance and authorization of bonds by such municipality for public purposes generally. SECTION 38-110. POWERS OF REDEVELOPMENT CORPORATIONS OR OTHER PRIMATE PERSONS OR CORPORATIONS For the purpose of aiding isl the planning, undertaking or carrying out of all urban renewal project, an urban redevelopment corporation or any other private person or corporation may, upon such terms and with or without consideration, as may be determined: I. Dedicate, sell, convey, or lease any of its interest in any property or grant easements, licenses or other rights or privileges therein to an Urban Renewal Authority. or to a municipality oi- any other public body or governmental agency or to any private person or corporation: 2. Incur the entire expense, or any portion there of, of any public improvements necessary to the execution of an urban renewal plan; 38-11 3. Do any and all things necessary to aid or cooperate in the planning or carrying out of an urban renewal plan; 4. Lend, grant or contribute funds to an Urban Renewal Authority; or 5. Enter into agreements, including lease -purchase agreements, (which may extend over any period, not withstanding any provision or rule of law to the contrary) with any municipality, public body or governmental agency including an Urban Renewal Authority, respecting action to be taken pursuant to any of the powers granted by this article, including the furnishing of funds, or other assistance in connection with a,urban renewal project. A. After the adoption by the municipal governing body of an urban renewal plan and a resolution declaring that the acquisition of real property described in the plan is necessary to the execution of the plan, the Urban Renewal Authority designated as the agency to execute such plan shall have the right to acquire by condemnation or otherwise, any interest or right or combination of rights in real property, including a fee simple title thereto, necessary to the execution of the approved plan. Condemnation for the urban renewal of blighted areas is declared to be a public use, and property already devoted to any other public use or acquired by the owner or his predecessor in interest by eminent domain may be condemned for the purpose of this article. The award of compensation for real property taken fo➢- such a project shall not be increased by reason of any increase in the value of the real property caused by the assembling. clearance, reconstruction, or proposed assembly, clearance or reconstruction in the project area. No increment of value shall accrue to such property as the result of any illegal or unlawful use thereof. No allowance shall be made for the improvements begun on real property after notice to the owner of such property or the institution of proceedings to condemn such property. Evidence shall be admissible bearing upon the unsanitary, unsafe, or substandard condition of the premises, or the lawful use thereof. B. Except as otherwise provided by subsection C of this section, the Urban Renewal Authority shall have the right to acquire by condemnation any interest in real property, including a fee simple title thereto, which it may deem necessary for or in connection with an urban renewal project cinder this article. C. If an Urban Renewal Authority intends to acquire unimproved real property pursuant to the power of condemnation authorized by this article, the Urban Renewal Authority shall specifically identify the parcels or tracts of real property which it intends to acquire through condemnation to the governing body of the municipality. The governing body of the municipality shall consider the proposed acquisition of the unimproved real property during an open meeting and shall be required to approve the proposed acquisition by a majority vote of those persons constituting the governing body of the municipality. No Urban Renewal authority shall acquire unimproved real property by condemnation unless the acquisition has been specifically approved by the governing body of the municipality as required by this subsection. An acquisition by an Urban Renewal Authority of unimproved real property, made without the approval of the municipal governing body shall be void and notwithstanding the completion of other proceedings an action may be maintained by a person with a legal or equitable interest in the subject real property to recover title to the real property or possession of the real property or both title and possession of the real property. D. The procedure prescribed for railroad companies in Sections 51 et seq., of Title 66 of the Oklahoma Statutes, shall be followed in acquiring property by eminent do➢nai➢i. Property already devoted 38-13 to public use may be acquired in like manner: provided, that no real property belonging to the state. or an political subdivision thereof may be acquired without its consent. E. In the event any Urban Renewal Authority in exercising any of the powers conferred by this article makes necessary the relocation, raising, rerouting or changing the grade of or altering the construction of any railroad, common carrier or public utility property or facility, all such relocation. raising, rerouting, changing of grade or alteration of construction shall be accomplished at the expense of the Urban Renewal Authority, provided that the Urban Renewal Authority shall not disturb the possession or operation of any railroad, common carrier, or public utility in or to the appropriated property or facility until the relocated property or facilities are available for use and until marketable title the,eto has been transferred to the railroad, common carrier or public utility. F. In any proceeding to fix or assess compensation for damages for the taking (or damaging) of- property, or any interest therein, through the exercise of the power of eminent domain or condemnation, evidence or testimony bearing upon the following matters shall be admissible and shall be considered in fixing such compensation or damages, in addition to evidence or testimony otherwise admissible: 1. Any use, condition, occupancy, or operation of such property, which is unlawful or violative of or subject to elimination, abatement, prohibition, or correction under, any law or any ordinance or regulatory measure of the state, county, municipality, other political subdivision, or any agency thereof. in which such property is located, as being unsafe, substandard, unsanitary or otherwise contrary to the public health, safety, or welfare, and 2. The effect on the value of such property, or any such use, condition, occupancy, or operation, or of the elimination, abatement, prohibition, of, correction of any such use, condition, occupancy, or operation. G. The foregoing testimony and evidence shall be admissible notwithstanding that no action has been taken by any public body or public officer toward the occupancy or operation. Testimony of - evidence that any public officer charged with the duty or authority to do so has rendered, made or issued any judgment, decree, determination or order for the abatement, prohibition, elimination oi- correction of any such use, condition, occupancy, or operation shall be admissible and shall be prima facie evidence of the existence and character of such use, condition or operation. H. In any condemnation proceedings ila which a jury trial is had, if the verdict of the jury exceeds the award of the court appointed cornmissioners, the court may award a reasonable attorney fee to the defendant or defendants, which shall be paid by the condemnor. (Amended, effective I 1-1-96). SECTION 38-112. EXEMPTION OF PROPERTY FROM JUDICIAL. PROCESS AND TAXATION A. All property of an Urban Renewal Authority, including funds, owned or held by it for the purposes of this article shall be exempt from levy and sale by virtue of an execution, and no execution of - other judicial process shall issue against the same nor shall judgment against an Urban Renewal Authority be a charge or lien upon such property; provided, however, that the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien Given pursuant to this article by an Urban Renewal Authority on its rents, fees, grants or revenues from urban renewal projects. 38-13 B. The exercise of powers granted by this article will be in all respects for the benefit of the people of this state, and its political subdivisions, and the municipalities of this state. for the improvement of the public health, safety, morals and general welfare of the people. The activities of an Urban Renewal Authority pursuant to this article constitute an essential governmental function and the property or funds of an urban Renewal Authority, acquired or held for the purposes of this article. are declared to be public property used for essential public and governmental purposes and such property shall be exempt from all taxes of the state, the county, the municipality or any other political subdivision thereof, provided, that such tax exemption shall terminate when the Urban Renewal Authority sells such property in an urban renewal area to a pu,chaser who is not a public body entitled to tax exemption with respect to such property-, or if such property is leased by the Urban Renewal Authority, then the improvements placed thereon shall not be entitled to such tax exemption. Provided, further, that the Urban Renewal Authority is limited in its authority to acquire property to the acquisition which is necessary in the carrying out of an urban renewal plan. SECTI*N 38-113. ACQ41SITION OF PROPERTY OTHER THAN BY MEANS OF EMINENT r• PAYMENT PROPERTY Whenever the municipal governing body shall have determined by resolution that an area within the municipality is appropriate for an urban renewal project, then, regardless of whether or not all urban renewal plan for such area has been approved under the provisions of this article, the municipality or the Urban Renewal Authority within the municipality may acquire real property at any time within such area by means other than the exercise of the power of eminent domain. In order to qualify for financial assistance from the Federal Government in making such acquisition, and regardless of any other provisions of the laws of the State of Oklahoma, the municipal governing body may herein provided the Urban Renewal Authority or governing body, as the case may be, acquiring the property shall be responsible for and pay any accruing ad valorem taxes becoming due or owing until Such time as the property is incorporated in an approved urban renewal plan or converted to another public use. Any property so acquired shall be subject to all other provisions of this article the same as property otherwise acquired, except that in the event the property so acquired is not used for urban renewal purposes because an urban renewal plan for the project area is not approved, or is amended to omit any of the acquired property, or is abandoned for any reason, the property may be disposed of under such reasonable competitive bidding procedures as the municipal governing body shall prescribe, or such property may be converted to any other public use. SECTION 38- 14. SALE OR LEASE OF REAL, PROPERTY - OBLIGATIONS OF PURCHASERS OR LESSEES - OWNER PARTICIPATION AGREEMENTS A. An Urban Renewal Authority may sell, lease or otherwise dispose of or transfer real property or any interest therein acquired by it at its fair value to a redevelopment corporation or any other private person or persons, and may enter into contracts with respect thereto, under reasonable negotiating procedures as may be prescribed by the municipal governing body, for residential, recreational, commercial, industrial or other uses or for public uses, or may retain such property for public use, in accordance with the urban renewal plan. The sale, lease or other disposition or transfer of real property or interest therein may be subject to such covenants, conditions, and restrictions, including covenants running with the land, as the Urban Renewal Authority may deem to be necessary or desirable to assist in preventing the development or spread of future blight or to otherwise carry out the purposes of this article, provided that such sale, lease.. 38-14 disposition, transfer or retention, may be approved by the municipal governing body and may be made only after approval of the urban renewal plan by the municipal governing body. A copy of the agreement or agreements related to the sale, lease, disposition or transfer shall be filed as a public record with the clerk of the municipality and the county clerk of the county in which the sites of the municipality is located. B. The municipality may transfer real property necessary and convenient to the execution of an approved urban renewal plan, or any interest therein, acquired by it, to the Urban Renewal Authority or a redevelopment corporation established under the provisions of this article. The transfer of real property or any interest therein to the Urban Renewal Authority shall be on such terms as may be deemed to be desirable and in the public interest. Such property, or interest therein, transferred to a reaevelop►ne►it corporation shall be at its fair values for uses in accordance with an approved urban renewal plan. Any such transfer of real property or interest therein shall be by agreement to be executed only after approval of the urban renewal plan by the municipal governing body. A copy of the agreement or agreements related to such transfer of real property shall be filed as a public record with tile clerk of the municipality and the county clerk of the county in which the sites of the municipality is located. C. Purchasers or lessees of real property in an urban renewal area and their successors and assignees shall be obligated to devote such real property only to the uses specified in the urban renewal plan, and may be obligated to comply with such other requirements as the Urban Renewal Authority or the municipal governing body may determine to be in the public interest, including but not limited to the obligation to begin and complete within a reasonable time any improvements on such real property required by the urban renewal plan. The Urban Renewal Authority or municipality may require an appropriate performance bond to insure compliance with such requirements. D. In determining the fair value of real property for uses in accordance with the urban renewal plan, the Urban Renewal Authority or the municipality, whichever the case may be, shall take into account and give consideration to the uses provided in such plan; the restrictions upon and the covenants, conditions and obligations assumed by the purchaser or lessee or by a public body or public agency retaining the property, and the objectives of such plan for the prevention of the recurrence of blighted areas. The Urban Renewal Author°ity in any instrument of conveyance to a private purchaser or lessee or the municipality in anv instrument of conveyance to a redevelopment corporation may provide that such purchaser or lessee shall be without power to sell, lease or otherwise transfer the real property without prior written consent until such purchaser or lessee has completed the construction of any or all improvements which such purchaser has obligated himself to construct thereon. Real property acquired for urban renewal purposes by the municipality or the Urban Renewal Authority shall be transferred as rapidly as feasible in the public interest consistent with the carrying out of the provisions of the urban renewal plan to a redevelopment corporation or other private person or per sons. The urban renewal plan, or such part or parts of such plan as tile- urban Renewal Authority of the municipality may determine, may be recorded in the land records of the county Ali such manner as to afford actual or constructive notice thereof. B. An Urban Renewal Authority or a ►municipality may operate and maintain, during the project development stage, real property acquired in an urban renewal area pending the disposition of the property as authorized in this article, for such uses and purposes as may be deemed desirable even though not in conformity with the urban renewal plan. P. The urban renewal plan may provide that the owners of record of lands within the urban renewal project at the time of project executions if the Urban Renewal Authority deems it feasible and finds that such owners of record are financially and otherwise qualified, may retain their land and participate in the renewal or redevelopment of the project area. In every such case, the Urban Renewal Authority shall 38-15 enter into an owner participation agreement with such owner or owners, which agreement shall provide that the owner agrees to carry out the purposes of the urban renewal plan, to devote such property to uses specified in the urban renewal plan, and shall contain provisions deemed to be necessary or desirable to assist in preventing the development or spread of future blight or to otherwise carry out the purposes of this article. Such agreement shall contain such requirements as the Urban Renewal Authority may determine to be in the public interest, including the obligation to begin and complete within a reasonable time ally improvements, necessary remodeling modification of any existing structure or structures on the real property required by the urban renewal plan. The Urban Renewal Authority may require an appropriate performance bond to insure compliance with such requirements. In all other respects, the owner participation agreement shall be consistent with and make requirements similar to the conditions to sale developed for similar property in the same project. (Amended, effective 6-3-98). 'll Ifit_:• i A. An Urban Renewal Authority shall have the power to issue notes or bonds, including revenue bonds, from time to time at its discretion to finance the under taking of any urban renewal project under this article, including, without limiting the generality thereof, the payment of principal and interest upon any advances for surveys and plans, and shall also have power to issue refunding notes or bonds for the payment or retirement of such notes or bonds previously issued by it. Such notes or bonds shall be made payable, as to both principal and interest, solely from: I . The income, proceeds, revenues, and funds of the Urban Renewal Authority derived from or held in connection with its undertaking and carrying out urban renewal projects under this article, 2. Any private source, contribution or other financial assistance; 3. Contributions or Other financial assistance from the state or federal government; 4. Any other monies derived from gifts, grants, the sale of properties or any other legally available source; 5. The proceeds from any additional borrowings; 6. Taxes on incremental property values allocated to a special fund of the city and appropriated by the city to the Urban Renewal Authority, under the provisions of Sections 3 through 6 of this act-, or 7. Any combination of these methods. Provided, however, that payment Of such notes or bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant or contribution frorn the federal government or any other source, in aid of any urban renewal projects of the Urban Renewal Authority under this article, and by a mortgage of any such urban renewal projects, or any part thereof, title to which is in the Urban Renewal Authority. R. Notes or bonds issued under this section shall not constitute an indebtedness of the State or any municipality. 38-16 C. Notes or bonds issued under the provisions of this article are declared to be issued for all essential public and governmental purpose, and together with interest thereon and income therefrom shall be exempted from all taxes. D. Notes or bonds issued under this section shall be authorized by resolution of the Urban Renewal Authority and may be issued in one or more series and shall bear such date or dates, be payable upon demand or mature at such time or times, bear interest at such rate determined feasible by the Urban Renewal Authority, be in such denomination or denominations. be in such form, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places and be subject to such terms of redemption, with or without premium, be secured in such manner, and have such other characteristics, as may be provided by such resolution or trust indenture or mortgage issued pursuant thereto. E. Such notes or bonds must be sold to the lowest and best bidder at public sale held after notice published prior to such sale in a newspaper having general circulation in the area of operation and in such other medium of publication as the Authority may determine. Provided, that such notes may be sold to the Federal Government at private sale at not less than par, and. in the event less than all of the authorized principal amount of such notes or bonds is sold to the Federal Government, the balance may be sold at private sales at not less than par at an interest cost of not to exceed the interest cost of the portion of the notes sold to the Federal Government. F. In case any of the public officials of the ALIthOrltV or all,,, other public body whose signature appears on any notes or bonds issued under this article shall cease to be such officials before the delivery of the notes or bonds, the sibnatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such officials had remained in office until such delivery. Any provision of any law to the contrary notwithstanding any notes or bonds issued pursuant to this article shall be fully negotiable. G. In any suit, action or proceeding involving the validity or enforceability of any notes or bonds, issued under this article or the security therefor, any such note reciting in substance that it has been issued by the Urban Renewal Authority in connection with an urban renewal project, as defined in this article, shall be conclusively deerned to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located and carried out in accordance with the provisions of this article. (Amended, effective 11m1-83). SECTION 38-116. NOTES OR OTHER OBLIGATIONS AS LEGAL, INVESTMENTS All banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking or investment business; all insurance companies, insurance associations, and other persons carrying on an insurance business; and all executors, administrators, curators, trustees, and other fiduciaries, may legally invest in sinking funds, moneys, or other funds belonging to them or within their control in any notes or other obligations issued by a municipality or an urban Renewal Author' ty pursuant to this article and vested with urban renewal project powers under this article; Provided, that such notes, bonds or other obligations may be secured by an agreement between the issuer and the Federal Government in which the issuer agrees to borrow from the Federal Government and the Federal Government agrees to lend to the issuer, prior to the maturity of such notes, bonds or other obligations, moneys in an arnount which (together with any other moneys irrevocably committed to the payment of interest on such notes, bonds or other obligations) will 38-17 suffice to pay the principal of such notes, bonds or other obligations with interest to maturity thereon, which moneys under the terms of said agreements are required to be used for the purpose of paying the principal and interest of such notes, bonds or other obligations at their maturity. Such notes, bonds and other obligations shall be authorized security for all public deposits. it is the purpose of tills section to authorize any persons, political subdivision and officers, public or private, to use any funds owned or controlled by them for the purchase of any such notes, bonds or other obligations. Nothing contained in tills section with regard to legal investments shall be construed as relieving any person of any duty' of exercisin(Y reasonable care in selecting securities. SECTION 8- ; i ORGANIZATION OR URBAN REDEVELOPMENT CO' 'O'. ... POWERS, DUTIES AND OBLIGATIONS A. Corporations referred to in this article as urban redevelopment corporations shall be organized in the following manner: The articles of agreement or association shall be prepared, subscribed and acknowledged, and filed in the office of the Secretary of State pursuant to the general corporation laws of the state and shall contain: (1) The name of the proposed corporation, which must have the words "redevelopment corporation" as a part thereof; (2) The purposes for which it is formed, which shall be to acquire, construct, maintain and operate a redevelopment project or redevelopment projects in accordance with the provisions of this article; (3) The amount of the capital stock, and if any be preferred stock, the preference thereof; (4) The number of shares of which the capital shall consist, all of which shall have a par value; (5) The municipality in which its principal business office is to be located; (6) its duration, which shall not exceed ninety-nine (99) years; (7) The number of directors, which shall not be less than three (3), nor more than thirteen (13); (8) The names and post office addresses of the directors for the first year, at least one of whom shall be a resident of the State of Oklahoma: (9) The narnes and post office addresses of the subscribers to the articles of association or agreement: (10) A provision that u7 the event that Income debenture certificates are issued by a corporation, the owners thereof shall have the Same right to vote as they would have if possessed of certificates of stock of the amount and par value of the income debenture certificates held by them. The articles may provide for the retirement of income debenture certificates or preferred stock of the corporation as and when there shall be funds available in the treasury of the corporation from the receipt of amortization of sinking fund installments for that purpose; and (11) A declaration that the corporation has been organized to serve a public purpose; that all real estate acquired by it a�d all structures erected by it are to be acquired for the purpose of promoting the public health, safety, and welfare, and that such corporation is organized for the purpose of clearing, replanning, reconstructing or rehabilitating blighted areas, and the construction of such industrial, commercial, residential or public structure as may be appropriate including provisions for recreational and other facilities incidental or appurtenant: thereto. B. No corporation now organized under the laws of tills state shall change its name to a name and no such corporation hereafter organized shall have a name° containing the word "redevelopment" as a part thereof except as provided in this article. No foreign corporation now authorized to do business in this state shall change its name to a name, and no such corporation shall hereafter be authorized to do business in the state with a name, containing the word "redevelopment" as a part thereof. C. An urban redevelopment corporation may operate under this article on one or more redevelopment projects and, with respect to each such project, shall have such rights, powers, duties, and immunities .and obligations, not inconsistent with the provisions of this article, as may be granted to it by all agreement to operate and to execute an urban renewal plan or any portion thereof. The agreement to operate may be entered between the redevelopment corporation and any municipality or Urban Renewal 38-18 Authority. The agreement shall provide, among other things. that the corporation is to carry out the purposes of the urban renewal plan for the project area, and to devote such property as it may acquire, to uses specified in the urban renewal plan and shall contain provisions deemed to be necessary or desirable to assist in preventing the development or spread of future blight or otherwise carry out the purposes of this article. The agreement shall contain such requirements as the municipality or Urban Renewal Authority may determine to be in the public interest, including the obligation to begin to execute the redevelopment plan within a reasonable time. The agreement to operate may provide that the redevelopment corporation is to prepare a renewal plan; however, execution of the plan shall not proceed until such plan is adopted by the municipality as required in this article. The agreement may require the redevelopment corporation to fuiiiish a performance bond for an amount to be deter mined by the municipality or the Urban Renewal Authority whichever the case may be. D. The provisions of the general corporation law, as presently in effect and as hereafter from time to time amended, shall apply to urban redevelopment corporations, except where such provisions are in conflict with the provisions of this article. E. In the event that any action with respect to which the holders of income debentures shall have the right to vote is proposed to be taken, notice of any meeting at which such action is proposed to be taken shall be given to such holders in the same manner and to the same extent as if they were stockholders entitled to notice of and to vote at such meeting. Any articles filed pursuant to law in the office of the Secretary of State with respect to any such action, and any affidavit required by law to be annexed to such articles shall contain the same statements or recitals. The articles shall be subscribed and acknowledged, and such affidavit shall be made, in the same manner as if such debenture holders were stockholders holding shares of an additional class of stock entitled to vote on such action, or with respect to the proceedings provided in such document. R An urban redevelopment corporation shall establish and maintain depreciation, obso- lescence, and other reserves, also surplus and other accounts, including, among others, a reserve for the payment of taxes according to recognized standard accounting practices. G. No urban redevelopment corporation shall pay any interest oil its income debentures or dividends on its stock during any dividend year unless there shall exist at the time of -such payment no default under any amortization requirements with respect to its indebtedness, or unless all accrued interest, taxes and other public charges shall have been duly paid or reserves set up for payment therefore, and adequate reserves provided for depreciation, obsolescence and other proper reserves. H. The real property, title of whicI7 is vested in an urban redevelopment corporation, shall be subject to the payment of general ad valorem taxes imposed by the state or any political subdivision thereof. 1. Notwithstanding any requirement of law to the Contrary, or the absence of direct provision therefor in the instrument under which a fiduciary is acting, any of the following persons, partnerships, or corporations, and public bodies or public officers, owning or holding any real property within any blighted area proposed to be cleared or redeveloped by an urban redevelopment corporation, may grant, sell, lease or otherwise transfer any such real property to all urban redevelopment corporation, and receive and hold any cash, mortgages, or other securities or obligations exchanged therefore by such urban redevelopment corporation and may execute such instruments and do such acts as may be deemed necessary or desirable by them or to and by the urban redevelopment corporation in connection witI7 the execution of any urban renewal plan: (1) Every executor, administrator, trustee, guardian or any other person holding trust funds or acting in a fiduciary capacity, unless the instrument under which such fiduciary is acting expressly 38-19 forbids; (2) The state, its subdivisions, municipalities, all other public bodies, and all public officers; (3) Persons, partnerships and corporations, organized under or subject to the provisions of the banking and trust laws (including savings banks, savings and loan associations, trust companies, private bankers and private banking corporations); (4) The State Bank Commissioner or the Commissioner of Securities as conservator. liquidator, or rehabilitator of any such person, partnership, or corporation. J. An urban redevelopment corporation may acquire real property or secure options in its own name or in the name of nominees, or it may acquire real property by gift, grant, lease, purchase, lease -purchase, or otherwise. K. When title to real property has been vested in an urban redevelopment corporation, the urban redevelopment corporation may agree with the previous owners of such property, or any tenants continuing to occupy or use it, or any other persons who may occupy or use or seek to occupy or use such property, that such former owner, tenant, or other persons may occupy or use such property upon the payment periodically of an agreed sum of money. Such occupation or use shall not be construed as a ten® ancy from month to month, nor require the giving of notice by the urban redevelopment corporation for the termination of such occupation or use of the right to such occupation or use, but immediately upon the expiration of the term for which payment has been 'made the urban redevelopment corporation shall be entitled to possession of the real property and may maintain an action for either unlawful detainer or ejectment for the purpose of recovering immediate possession thereof. L. An urban redevelopment corporation may borrow funds and secure the repayment thereof by mortgage which shall contain reasonable amortization provisions and shall be a lien upon no other real property except that forming the whole or a part of a single development area. Certificates, bonds and notes, or part interest therein, or any part of an issue thereof, which are secured by a first mortgage on the real property in an urban renewal area, or any part thereof, shall be securities in which all the following persons, partnerships, or corporations and public bodies or public officers may legally invest the funds within their control: (1) Every executor, administrator, trustee, guardian, committee or other person or corporation holding trust funds or acting in a fiduciary capacity; (2) Persons, partnerships and corporations organized under or subject to the provisions of the banking law (including savings banks, savings and loan associations and trust companies); (3) The State Bank Commissioner or the Commissioner of Securities as conservator, liquidator, or rehabilitator of any such person, partnership or corporation; (4) Persons, partnerships, or corporations organized under or subject to the provisions of the insurance law; (5) Fraternal benefit societies; and (6) The State Commissioner of Insurance as conservator, liquidator, or rehabilitator of any such person, partnership or corporation. Any mortgage on the real property in an urban renewal area, or any part thereof, may create a first lien, or a second or other junior lien, upon such real property. M. Any urban redevelopment corporation may lease, sell, grant, dedicate or otherwise dispose of any or all of the real property acquired by it for the purposes of a redevelopment project. In the event of the sale by reason of foreclosure or other disposition of real property of any urban redevelopment corporation by voluntary transfer or otherwise, or by reason of the foreclosure of any mortgage or other lien, through insolvency or bankruptcy proceedings, by order of any court of competent jurisdiction, by voluntary transfer or otherwise, the purchaser of such real property of such redevelopment corporation shall continue to use, operate and maintain such real property in accordance with the provisions of the urban renewal plan. N. any urban redevelopment corporation may accept grants or loans of money from the Federal Government or any department or agency thereof. 3 8-20 0. Any corporation organized under the laws of the State of Oklahoma, or admitted to do business in the State of Oklahoma, shall have power to purchase shares of stock of an urban redevelopment corporation organized under the provisions of this article. SECTION 38-118. PERSONAL INTEREST OF PUBLIC OFFICIALS OR EMPLOYEES IN PROJECT OR PROPERTY No public official or employee of a municipality (or Board or Commission thereof), and nc Commissioner or employee of an Urban Renewal Authority which has been vested by a municipality with urban renewal project powers under this article, shall voluntarily acquire any personal interest, direct or indirect, in any urban renewal project, or in any property included or planned to be included in any urban renewal project of such municipality or in any contract or proposed contract in connection with such urban renewal project. Where such acquisition is not voluntary, the interest acquired shall be immediately disclosed in writing to the municipal governing body. If such official, Commissioner or employee presently owns or controls, or owned or controlled within the preceding two (2) years, any interest, direct or indirect, in any property which he knows is included or planned to be included in an urban renewal project, he shall immediately disclose this fact in writing to the municipal governing body, and any such officials, Commissioner or employee shall not participate in any action by the municipality (or Board or Commission thereof), or Urban Renewal Authority affecting such property. The disclosure required to be made by this section to the municipal governing body shall concurrently be made to the Urban Renewal Authority which has been vested with urban renewal project powers by the municipality pursuant to the provisions of this article. No Commissioner or other officer of any Urban Renewal Authority, Board or Commission exercising the powers pursuant to this article shall hold any other public office under the municipality other than his commissionership or office with respect to such Urban Renewal Authority. SECTION 38®119. LAW GOVERNING Insofar as the provisions of this article are inconsistent with the provisions of any other law, the provisions of this article shall be controlling. The powers conferred by this article shall be in addition and supplemental to the power conferred by any other law. SECTION 3$®120. TAX INCREMENT ALLOCATION DISTRICT AUTHORIZED HEARING A, At the time of adoption of an urban renewal plan pursuant to this act, or subsequent thereto, the municipal governing body may designate tine urban renewal area to be a tax increment allocation district by either resolution or ordinance. B. Before a municipality may designate a tax increment allocation district, the municipal governing body shall hold a public hearing thereon, after public notice thereof by publication at least one time not less than fifteen ( 15) days prior to the date of such public hearing, in a newspaper having general circulation in the area of operation of the municipality, and by posting not less than five public notice signs, each having at least nine (9) square feet of display area, for a period of fifteen (15) successive days including the day of the public hearing for which notice is being given, in the area to be included in the proposed tax increment allocation district. Public notice may be combined with public notice of a hearing on an urban renewal plan or an amendment thereto. C. Following such hearing, the municipal governing body may designate an urban renewal area to be a tax increment allocation district if it finds that the designation of such district is necessary or desirable in achieving the objectives of one or more urban renewal or urban redevelopment projects. (Added, effective 1 1®1-83). SECTION•RAPPLIED Notwithstanding any other statutory provision, it is hereby stated that the costs of undertaking and carrying out urban renewal or urban redevelopment projects and the repayment of interest and principal on bonds issued under this act are valid and lawful objects to which any revenue derived from ad valorem taxes levied under subsection (a) of Section 9 of Article X of the Oklahoma Constitution and not apportioned for the use of school districts under subsection (a) of Section 9 of Article X of the Oklahoma Constitution or Section 2495 of Title 68 of the Oklahoma Statutes, may be applied. (Added, effective 11®1-83). A. After the designation by the municipal governing body of a tax increment allocation district, the city clerk shall transmit a copy of the description of the district, a copy of the resolution or ordinance ;designating the district and a map or plat indicating the boundaries of the district to the clerk, assessor and treasurer of the county in which the tax increment allocation district is located. These documents shall be transmitted as promptly as practicable following the designation of the district, but in any event on or before January 1 of the next year following the designation of the district. B. As soon as possible after the documents referred to in subsection A of this section have been received by the county assessor's office, the county assessor shall assess the value of all real property located in the tax increment allocation district. This assessed valuation, hereinafter referred to as the "base year net assessed valuation", shall be certified to the county clerk and the city clerk on`or before July I of the next year following the designation of any tax increment allocation district. (Added, effective I i d 1-83). SECTION 38-123. APPORTIONMENT OF MIL,L.AG - METHOD OF COMPUTATION For every year in which tax increment allocations are used by a city or an Urban Renewal Authority, the county excise board shall apportion to the city in which such tax increment allocation district is located, a part of the millage authorized by subsection (a) of Section 9 of Article X of the Oklahoma Constitution. The procedure for apportioning such millage shall be as follows 1. Upon notice of such use by the city, the county assessor shall reassess the amount of increase from the base year net assessed valuation of real property within a tax increment allocation district and shall certify such amount to the county clerk and the county excise board before July 1 of each year. Such amount, to the extent not already included, shall be added to the net assessed valuation of the tax increment allocation district and the total shall be referred to as the current year net assessed valuation: 38-22 ? The county excise board shall then determine the amount to be apportioned. The procedure for determining such amount shall be as follows: a. compute the revenue derived from the tax increment allocation district's base year net assessed valuation by multiplying the total millage levied during the prior year against the base year net assessed valuation of the tax increment allocation district, b. compute the revenue derived from the tax increment allocation district's current year net assessed valuation by multiplying the total millage levied during the prior year against the current year net assessed valuation of the tax increment allocation district, C. compute the incremental tax revenue of the tax increment allocation district subtracting the revenue derived from the base year net assessed valuation from the revenue derived from the current year net assessed valuation, and d. divide the incremental tax revenue by the current year net assessed valuation of the city in which the tax increment allocation district is located. The result represents the amount of millage to be apportioned by the county excise board to the city in which the tax increment allocation district is located; 3. The county excise board shall then apportion such amount to the city, for use for urban renewal and urban redevelopment purposes, in accordance with Section 2495 of Title 68 of the Oklahorna Statutes, provided that in no event shall the apportionment authorized by this section exceed one-half (1/2) mill; and 4. Such allocations with respect to a tax increment allocation district shall terminate upon the expiration of thirty (30) years or such earlier date as may be determined by the municipality. (Added, effective 1 I-1-83). 38-?3 I] REMMI ZZ Box 180 Owasso, OK 74055 Dear Mr. stay: I sincerely appreciate the leadership provided by you and the other members of the city council. Owasso continues to be recognized as a dynamic growth community within the state of Oklahoma. Expansion in the residential, retail and commercial sectors remains strong. As Owasso continues its vibrant growth, it is imperative that chamber and city leadership work together to promote Owasso as a city of choice for new businesses to locate, and for existing businesses to expand. In addition, enhancing the quality of life for our citizens is paramount to both the chamber and the city. I believe the key to successful relationships, both personal and professional, is effective communications. If over a period of time, communications break down, or misunderstandings are not addressed, relationships can deteriorate to a point of being contentious. I believe that it is in the best interest of our membership, the business community as a whole, and the citizens of Owasso, for the chamber and city officials to maintain a professional relationship. Such relationship should be based on mutual respect for each other's stated purpose, goals and objectives. To facilitate the communications process, the Owasso Chamber of Commerce Executive Committee, along with chamber president Gary Alvin, would welcome the opportunity to meet with the members of the Owasso City Council, and city manager Rodney Ray, to discuss matters of mutual concern relating to business relationships between our two entities. In respect to your time, perhaps placing us on the agenda of an upcoming Tuesday work session might be most efficient. If another location or time is more desirable, just let me know, and we'll plan accordir;gly. I am mailing a personalized copy of this letter to the other council members and to Mr. Ray. 'hank you for your consideration. Kest regards, Greg Strathe Chairman (918) 272-2141 315 South Cedar, Owasso,Oktahoma 74055 Fax (918) 272-8564 www.owassochamber.com F TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWA S O Or O_ ATTORNEYCITY SUBJECT: CAPITAL IMPROVEMENTS AGREEMENTS -VISION 2025 PROJECTS, OWASSO COMMUNITYCENTER PROJECT; O OWASSO DOWNTOWN/NEIGHBORHOOD PROJECT, Ot`t, O MEDICALCOMPLEX PROJECT f At the direction of the City Manager, there is presented for Council consideration the proposed Capital Improvement Agreements by and among the City of Owasso, Oklahoma, the Tulsa County Industrial Authority and the Board of Commissioners of Tulsa County, Oklahoma. The Capital Improvement Agreements are the vehicle by which the City of Owasso, as well as other municipalities within Tulsa County, avails itself of its designated portion of the Vision 2025 monies. On September 9, 2003, the duly residents of Tulsa County approved the levy and collection of an additional one cent sales tax to provide revenue for, among other things, capital improvements for community enrichment within Tulsa County. Among the anticipated community enrichment projects there was specifically provided for the City of Owasso the following projects, to -wit: A. Owasso Community Center Project nwmmmm------m----$1,000,000.00; B. Owasso Downtown/Neighborhood Project -m- ----- $1,143,463.90; and, C. Owasso Medical Complex Project ®m-----------------$4,500,000.00. Subsequent to passage of the sales tax proposition representatives of Tulsa County proceeded to take such actions necessary to obtain financing to provide advance funding for the capital projects. In order to fund the costs of the acquisition, construction, equipping and furnishing of the capital projects, the Tulsa County Industrial Authority ("Authority"), an Oklahoma public trust having the County of Tulsa as its beneficiary, was determined to be the appropriate legal entity to issue debt. The Authority would issue its revenue bonds and secure as well as service debt incurred from the issued revenue bonds by a transfer of a portion of the sales tax proceeds to it from Tulsa County. Accordingly, the Authority issued its $127,150,000.00 Tulsa County Industrial Authority Capital Improvements Revenue Bonds, Series 2003A, and its $115,000,000.00 Tulsa County Industrial Authority Capital Improvements Revenue Bonds, Series 2003B, (the "Bonds"). Having obtained the necessary funds for the anticipated projects, it became incumbent upon county and municipal officials to create a document to establish, define and govern the relationship of the respective parties. As a result of the efforts of many county and municipal officials, as well as financial and legal advisors as relates to the Master Bond Indenture dated as of December 1, 2003 and the First Supplemental Bond Indenture dated as of December 1, 2003, a prototype Capital Improvement Agreement was created. It is submitted that the Capital Improvement Agreements presented are identical to the prototype referred to above and set forth in an uncomplicated form a workable arrangement for the disbursement and utilization of the 2025 funds. The Capital Improvement Agreements (hereinafter collectively referred to as "Agreement") contain essentially five (5) principal categories. Such are as follows, 1. Project Identification; 2. Set Aside of Funds; 3. Conditions Precedent to Initial Funds Disbursement; 4. Requirements For Interim Funds Disbursement; and, 5. Project Closeout Requirements. Project Identification - The Agreement, in the Recital section., identifies the project(s) for which the funds are to be spent. Linder the terms of the Agreement, "the project" is generally referred to with more specificity left to be provided by the exhibits to be attached as "Exhibit A". It is submitted that this is important insofar as it provides latitude to the City of Owasso which enables the Council, within the 2025 Ballot parameters, to more fully define Its own project. As a consequence, the Agreement presented, at the time of this writing, does not contain Exhibits A and B completed and attached. Staff recommends that the Council consider the following as the more defined project identifications, towwic A. Owasso Community Center Project-®m®-®-m----w-m-®------- $1,000,00.00 1. Community Build Park ----mW®®®d®--®----W-®m-®®------mew----$200,000.00 2. Land Acquisition -Veterans Memorial -----WWT-ww®---®mew-$200,000.00 3. City of Owasso -YMCA Recreation Facility-®®®w®®---- $500,000.00 4. Community Center Heating and Air®®om®®W_®w®®-®---_-- $100,000.00.1 2 B. Owasso Downtown/Neighborhood Project ---------------- $1,143,463.90 ZD (This item is being, considered by Council on the March 9, 2004,Council Work Session) C. Owasso Medical Complex Project -------------------------- $4,500,000.00 This project involves the extension of a water line from a master meter to an elevated 2.0 million water tank. The master meter referred to shall be a water supply master meter to be constructed at the site of connection with the City of Tulsa water system. Also, a booster pump station as well as connections and water lines to the existing water distribution system will be constructed. Under the terms of the Agreement there are monies set aside for the use and benefit of the City of Owasso. The funds set -aside for the City equals ninety-five per cent (95%) of the City's Vision 2025 allocation for each category of capital improvement. The amount set forth in the Background portion of this Memorandum represents the City's allocation or as referred to in the Agreement, the "Contracting Party Amount". The set -aside portion, ninety-five percent (95%), is termed the "Maximum Amount of Advances" and constitutes the maximum amount of money available from the bond proceeds referred to above to fund each respective capital improvement. The remaining five per cent (5%) is retained by the Authority to offset bond issuance and related costs. The funds that are set - aside are placed in a designated and numbered subaccount of the Authority's Construction Fund on deposit with the Bank of Oklahoma, N.A., the trustee bank, all in accordance with the First Supplemental Bond Indenture. The Agreement, under Section 3, at pages 8 and 9, sets forth specifically what is required of the City of Owasso in terms of documentation prior to the Authority's' release of any initial advances. This section delineates that which is required and for the sake of brevity will not be restated herein. However, it is important to note that the provisions have been reviewed by various Staff members and the requirements are considered as being achievable and within existing resource availability. Requhements fw� Intei-im Funds Disbursement - Under the provisions of Section 4, appearing at pages 9 and 10 of the Agreement, there is set forth the items and actions that serve as conditions precedent to the City of Owasso receiving construction advances. Again, these provisions have been reviewed by various I I Staff members and the requirements are considered as being achievable and within existing resource availability. The Agreement specifies the project shall be completed and all advances made prior to February, 2007. The closeout contemplated by the Agreement involves the City of Owasso completing the acquisition, construction, equipping and furnishing of the project. Upon such occurrence, certification of such completion will be required of the City by the Authority that will generally consist of certification from the Project Manager of the Authority and the Architect or Engineer for the project as to the completion. The remaining provisions of the Agreement, although of importance, are considered as being standard contractual provisions normally found in cooperative multi -governmental arrangements. Such generally consists of party identifications, recitals, definitions and aids to interpretation language. In light of such, those provisions are not specifically discussed in this Memorandum. Any questions that any Councilor(s) might have regarding these matters should be directed to Mr. Ray or myself. Staff would recommend that the Council approve the Capital Improvement Agreements as presented. 1. Transmittal Letter -Jim Orbison-Legal Counsel for Tulsa County Industrial Authority 2. Capital Improvement Agreements -It should be noted that for the sake of brevity as well as conservancy only one copy of the Capital Improvement Agreement is attached. Exhibits A and E of each respective agreement will be presented at the time of the meeting. -t GREGORY W. ALBERTY STEPHEN A. JUSTINOV JACK R. ANDERSON DAVID J. KATALINAS' RYAN J. ASSINK SARAH G. KIENY', J. STEVEN BARKER SCOTT P. KIRTLEY DONALD M. BINGHAM DAVID M. KNOLL', WILLIAM A. BOWLES KRISTOPHER E. KOEPSEL RICHARD B. BOYLE' TERRY D. KOROELSKI, II H. JAMES BRIGGS ADRIANA L. KUPPERVV PETER W. BROLICK JOSEPH P. LENNART SCOTT W. BYRO MICHELLE L. LESTER. DAVID C. CAMERON C. S. LEWIS, III MICHELLE M. CARTERO MARY JEAN LITTLE PHYLLIS J. COFFMAN' LORI T. LOVO-NJ EVES COLBY L. COOK JOHN D. LUTON MATTHEW P. CROUCH' SHANNON M. MCMURRAY DEBORAH R. DAWSON00 JANET G. MALLOW TINA LOUISE DIAZ° JOHN ROSS MALOY FRANCISCO LUIS CONGO' RICHARD M. MILDREN GLENNA S. DORRIS GLENDAV.MIMS JANET S. DUMONT J. LYON MOREHEAD IRA L. EDWARDS, JR 0 KAREN L. MORELAND GEORGE M. EMERSON JANICE LOGAN MORROW ROYCE S. FENTON* ROBERT A NANCE JAMES L. FOLTMER° CATHERINE NAPIER RICHARD A GANN GARY L NEAL RICHARD T. GARREN MARK L. NELMS4G D. SHARON GENTRY JAMES C. ORBISON STEPHEN E. HALE SHAVIN V. PATEL° o MELVIN C. HALL GISELE K. PERRYMAN SHARON E. HAMM° CHARLES L. PETERS" CLINTON L HOOKER' SON V. PHA M' ERIK S. HOUGHTON JAMES R. POLAN7! ROBERT E. HOWARD RICHARDP.POORMON SINA IZAN 01 TIMOTHY S. POSEY STEVE- E JANISZEWSKI° VICTORIA L RACKLEY KIEA!ONN L. JONES FRED RAHAL, JR. IGGS, ABNEY, NEAL, TURPEN, ORBISON & LEWIS A PROFESSIONAL CORPORATION ATTORNEYS AND COUNSELORS AT LAW FRISCO BUILDING 502 WEST SIXTH STREET TULSA, OKLAHOMA 74119-1010 (918)587-3161 Fax (918) 587-9708 Ron Cates, City Attorney City of Owasso, Oklahoma 111 North City Hall Owasso OK 74055 LISA R. RIGGSa+' Of Counsel M. DAVID RIGGS Benjamin P. Abney STEPHEN B. RILEY John G. Canavan, Jr. RANDALL A. RINOUEST' E. &yen Henson MARY J. ROUNDS D. Ma1L Hopkm JEFFREY D. RUFF' GRETCHEN M. SCHILLING Licensed I. MARK W. SCHILLING Arizona WILLIAM C. SEARCY O Arkansas and DAVID A. SIMMENTAL'l+ Oklahoma ROBERT P. SKEITH n Caldornia and KENNETH M. SMITH Oklahoma BETTY J. SOMMARS° ° Colorado JOHN P. STAFIRA V VCaiorado and MATO STANDING HIGH' Louisiana BEVERLY A STEWART VColorado and New York MICHELLE M. TANNER°& ., Colorado and DANA L. TARTAR' Oklahoma STEPHANIE L. THEBAN Connecticut DAVID H. THOMAS° f District of Columbia HARLEY W. THOMAS a Illinois REX W. THOMPSON c Maryland and STEPHANIE P. TOLLEFSEN OWehoma BETTY TSAMIS° ,Nebraska MICHAEL C. TURPEN PHILIP J.'ADeBONCOEUR° M— Mexico and LINDA VAN ARKEI.GREUEEL Oklelwma pCMissouri and DIANNE VAN VOORHEES• KAREN Okahoma A. WALKER' KAREN GARDEN WALSH OOSouth Carolina and GARY L WATTS OHahoma SHARON K WEAVER % Tema DOUGLAS A. WILSON 0 Texas and Okahoma ' JERRY L. WITT +Wyoming GARY W. WOOD JENNIFER L. ZUYUS Re: Tision 2025 Capital Improvements Agreement among the Tulsa County Industrial Authority, the Board of and the City of Owasso, Oklahoma Attached are four (4) original Capital Improvements Agreements for the following projects: Owasso Medical Owasso Downtown/Neighborhood Funds; and CenterOwasso Community Please have the City of Owasso execute all four originals and return all four to the undersigned. It is my understanding you Will Complete Exhibits "A" and "B" before returning these originals to me for execution by my Client, Tulsa County Industrial Authority, Please let me know if you have any questions, /_� cc: Kirby Crowe John Weidman Rodney J. Ray 1 . D^^u,NIuuO/no.~...,.~.~....~~....~_,.,~~.....~.~.~.~~.^~,~~..~..~,.~~~..,I l l ^���vuucc`, ' ' '--^---'^^—~—^---`—'--'--^'^---'----^—''^—^—.—.—.. 2 . l � "Applicationao� (����f�c�� ��� ` .0uyoz�u�� ...........-..---......—..—.--~—..2 1.3. "Approved ",_,,_,,_,^,,._~,,,.,._.,_,,.,.,~,,_,.,__,,~.,,.^^_,,,.. l/[ "Architect.,,~,,.,'._,,_,,.,~,,,,_,,_^,,,^,^,,,,,,,,__,,,,,,_,,~,,.,,,^ l�° ,=`` . . �u/p^�u�u6Agr eement ..--..^..~—.,...._..—,~—._,,.,,.,,,,_,,,.2 l� ^^��" . . "Authority ...-....—^^^^^—'—'^'--^^..........—..—.~—.—.^—^--'^^—^~''2 1.7. "Authorization 8u� (�crt ficat�Of � .0u /�uu�oo[y� —..—.,...-....—..—.—......—..—.-2 1.8. "Authorizationand Certificate of Contracting Party ``.................................................... 2 1.9. "Authorization and CertifioateOfProgramManager ......................................... ............ 3 I^10, and Certificate of Project `....................................................... 3 1.11. D0oumeotm`.........^.-.,.._.,...,._,..,,—,,,..._,,__,,,_,,^_,,,,,,,^_,. 1.12. "Bond Costs `.................................................................................................................. 1.13. "g�oo�Tu��Dt�r�" . . ................................... --.....^.--.........,-...^...,..,,........-'3 1.14. ^l�������'S����T�aDroo��,, ' ' ^^—^^^^--^--~~'—'—`'-'^—^`^—''~^'~^—'~'—...—.....3 1.15. '������Ca1�of ` . , ^.uu/�/�umu ....—.....-.................. ....................... ...................... 3 I.16. "ChangeOrders ...... ..................................... ............. _,,,,,,,..,'~_~...................... 1.17, "CompletionDate ...................................................... -.......... ............................ ............ l �� °(�ooatru�tnuz���aoom,` . u ................ .................. .^.....--_..^—.~._—...—......—.4 1.19. "Construction Advance Request °........ .......... ......... ..................................... ......... ...... 4 1.20. "ConstructionCom1rooto``.,..... ,.......... .—.......... ......... ^....—_.._...-......—,.....4 I.21' "Cmnmtozot0o�����uluy` u ^............. —....... ,....—'^..,.~....—_.—~,.._.—..—_.4 1.22' "ContractingPmrty``,............. ......... ..,.................. ,........................ ....... ._,_....... ...... 1.23. "Contracting Patty Amount ................. ,...................... ...................... .......... ....... ........... 4 1.24. Party P`................................ ......... ...... ,,,..,,,...... ,,~_,,_, l 2� ^��0otnz�t�rm� ' ' ............. ~......... ^'—^^^'—~'--~'^~-''-^---'-^^''�4 1.26. ^��o�tof�000b��t oo"` ` . - u ,...---.—............. 4 I.27"Costs of . ............. ....... .--...~.-...^...—.~..-..~..-.....^—..-...—~ 5 1.28. "County, ............................. _,.................... .............. .....,.-..,.~..^.`,,._-............. 129. Acc@unt'...-.....,,,.,.,,^._.~.,.,.^.'_.,,.^..^.,^..,.,.^.,,...,^,.^,,,^. 5 l�A . "Engineer............. .......... ^,,,^..... _',.,.^._.,'5 I�� "Excess Sales . , ........... ........ ..,,,^^-..^^..—.^..^.^^.,.`..^`^..,...^.~.^^...^..^^...,.^.,'.5 I.32. "First Supplemental Bond Yudsnbore'`..... ......—...---..----~_—...—.~........ .5 l�3 ` . , mw'v�/xo��o�u�/����uvuum ........ .................... ....... -.~-.~.—.......... ...—.,—,..,_~5 l�4 . ."Governmental AuthorO/"—....... ........ ..^_,......... ,___ ... _........ ......... ,._............... 5 l�� . '"Government Roquzzurueum'....... ........... ..... .................... _.--,.—~........ ...... _.5 l�6 . '"Improvements" ... ................ .—,,~,............................. .......................... .......... __.6 1.37, "Land ................................ ............. ....... ...,,_,..,,___,.,__,,_,,,____,__ 1.38. "Master Bond Indenture ............ ........ ... ................... ,,_,^___,__,__~___6 1.30. "Maximum Amount 0fAdvances '`........ .................... ....................... .--..-----6 1.40. ^ Advance Request `........................................................................... d 1/41. AdvaDce,.--~----.-----.—._------.---.---.. 6 1.43. "Payment and Performance Bonds"................................................................................ 7 1.44. "Plans"............................................................................................................................ 7 1.45. "Program Manager"........................................................................................................ 7 1.46, "Project........................................................................................................................... 7 1.47. "Project Manager".......................................................................................................... 7 1.48. "Project Manager Agreement"........................................................................................ 7 1.49. "Remaining Amount"..................................................................................................... 7 1.50"Requisitiuii..................................................................................................................... 7 1.51. "Resolution"....................................................................................................................7 1.52. "Sales Tax"..................................................................................................................... 7 1.53. "Termination Event"....................................................................................................... 8 1.53.1. Breach of Covenants............................................................................................... 8 1.53.2. Representations and Warranties.............................................................................. 8 1.53.3. Insolvency............................................................................................................... 8 1.54. "Trustee"......................................................................................................................... 8 1.55. "Vision 2025 Resolutions"............................................................................................. 8 2. BLIGATION OF AUTHORITY TO MAKE, ADVANCES ........................................... 8 3. CONDITIONS PRECEDENT TO THE AUTHORITY'S OBLIGATION TO MAKE THE INITIAL, ADVANCE ..........................................................e........................®.®..®...®®...® 9 4. CONDITIONS PRECEDENT TO AUTHORITY'S OBLIGATION TO MAKE CONSTRUCTION ADVANCES .........................................................................a.............10 5. CONDITIONS PRECEDENT TO AUTHORITY'S OBLIGATION TO MAKE NON® CONSTRUCTION ADVANCES ....... ........ ............. _.............. .._.........................__.......11 6. DISBURSEMENT PROCEDURE ....................................................................................11 6.1. Request for Construction Advance............................................................................... 12 6.2. Request for Non -Construction Advance....................................................................... 12 6.3. Authority's Inspection.................................................................................................. 13 6.4. Disbursements........................................................... ............ _........ ............................. 13 6.5. Maximurn Amount of Advances........................................................... e....................... 13 6.6. Date after which Advances Cease ............................... 6.7. Construction Retainage................................................................................................. 13 6.8. Projected Budget Overrun............................................................................................. 14 7. REPRESENTATIONS AND WARRANTIES OF CONTRACTING PARTY . ......... _ 14 7.1. Existence and Qualification.......................................................................................... 14 7.2. Authority, Approval and Enforceability . ..... ___ ....... .........„.,....,,,............. ,.................. 14 7.3. No Violations... .................... ___ ...... 14 7A. Disclosure. .......... ...... ................. 15 7.5. Continuing Nature of Representations. ...... _ ................................................ ....... _ 15 8. REPRESENTATIONS AND WARRANTIES OF THE AUTHORITY... ........ ..... 15 8.1. Authority, Approval and Enforceability...... ...................... ................................ ......... 15 8.2. Disclosure.....................................................................................................................15 9. REPRESENTATIONS AND WARRANTIES OF BOARD ...........................................15 9.1. Authority, Approval and Enforceability....................................................................... 15 9.2. Disclosure.....................................................................................................................15 10. R.EMEDIES.............................................. ...... ____ ...... ....... ....... .........®..®........................ .16 10.1. Termination of Advances.......................................................................................... 16 ti 102 \�8���0�I�roz�u��oo{�v�ot ' ' '.................................................................................. lO � �uDz�}�1����zun��c� ' ' l6 '.............................................................................................. ~~^~~~.��",^"=`� 11. D�������� l6 ..,~,.~,~...,~.~~^~.~..,.....^...^.......^.~.,.,.,^..~.,.,^...^..,..^^...,.,.16 _~~~^~~�^^`^�� 12. C������������ ^~'~^`'`^^^^`^`^`'^~^^`~~^`^~^^^~`^^~^^^~^^~``^^~^^~^^~^^^^^^``^.......... 13. INSURANCE 26 ........................................................ ........... .................................................. 14. CHANGE ORDERS 16 `^^~^^`~^~~^~~`^`~^^'`^~^^``^~```^^^-'`^~^^^`~^`^^`^`~~~^~^^~^'^^^^`~^~`^`~``~```~`'~^'~~`~^17 15. AUDIT `~`~^~^^`^^'`^~^^^~`^~~~`^^~~^~`~`^^~``^~'`^~`^^`^^^~^^^`^~`~^~^^`^^`^``^^^````~^~`^~~^'`^^'^^`~`~`^`^```~^^`^^^^^``,.....,.17 16. COPIES OF FILED LIENS .............................. .............. .......... ........................................ 17. GOVERNMEN7REQUIREMENTS AND PUBLIC COMPETITIVE BIDDING 17 AC][~...~~ ~^..~^^^~~^^~~..~....~~~~~~-~..~~~....~~~~—~^..~^~~~~~~..~~..~^~~..~~....~~~~~^~..~...I7 18^ CONSTRUCTION CONTRACTS '`~~^~'~^^```^^~`^~```~`~'~`````^~~^~^`^``~~^`~^`^^^-^^^~^`^^`^~``^``~^`~`'~`~~17 19. VISION 2025 SIGNAGE, ~`~^^~^^~`~~^^^~``^'^~~`^`~~`^^`^~~~`^^^^~'~~^``~`~^^~`^~~^^`^^^^~^^`^`^`~^~`~^^~^~`^~`~^~^~,.,...17 20. GENERAL CONDITIONS ~~~^~^^~^^~~^~`^^^~~~`~~~`~^~^~^^^`^^^`^^^^^~~^~~~```^^~-^~^--^~^^`^'^`~^^`^``~^~`^^.^.~.17 2O. l Noon*aiver . .,,,,^,._.,,_,,,.^,,__,,_,.._,..,.^._,~,.~,_.,~,_,_,.,,~.—..—,I7 202 ��e 'o���af��t�xo ` ' ^`""^"^^`� '^^`~~^^~'^^'~^^''~---^''`~~—^'—^~^--~^—':.......... 20\3Establishment s. 17 ............. ...................................... -.,..................................... 20.4 T�� wf]»8���m ' ~°"^^""e 18 ''^'-^^^^'''-'-'^..-....—.-....—~~~''-'^.^^~..^---.-.. 20.5. Conditions for Exclusive Benefit Vfthe Authority 18 .....,..................... ................... 20.6. Notices 18 '~^''-~~-^`—'^^^^^'—'''-'—^^''~-^^'`-^~'~'^'~~'^^^-^--~~—~—`—^—'18 ' 207 \���� . , ^�.~^°""~^^`, ............................................ ............. -................. ............. ... 2O� �z�B�r�����o ' ` ^~ep^^" }g .................... ............. ~'—~~~~'—'^`'—^'-`~^^'--................ 2O.9 Ln�r ' ~~`~^^�^^e 19 '—'`—^^—^^^....... ......... ............. ___ .^^~^--........... ...................... 20�0 7]z���o�h/Beneficiary l9 . , ~........-...._.-..............-.^---.....---.—.....'lQ 20.11, Prohibition Against Assignment. .... ...... ^.^........ .......... .—.—.—.^_........ .... .... 20'12' Entire Agreement ` 19 ......... -^^^^'—~^~~~~~^^^^^'--'~--'^—'—^—........ .......... 2O�� uo�I, . ' .'°�"""° "^"e*apuHeadings !g '............ -.,.-....—...-.-...-.,^—.._........... 2Ul4 1r�u�of]Bomsnum ' 2Q ' `^^—^'^^'-...... -'^^—~—`'~^^.—........ 20.15f�f��t ' ^��°°^*s 20 '^^~^~^-^—'^'^'''.-_.~-..-.................... '—^~—~''.`................. 20.16. �ev�zi����tv ' ' 20 ''^'-'''''-~^—.... ........ ..... ___ ................ ....... 2O 2017 Invalidity ofProvisions LLST OF EXHIBITS Exhibit 'A` Description of Prnjeut Exhibit "B" Description of Land Bxhibit'C` Construction Advance Request Exhibit ^D" Non -Construction Advance Request Exhibit '^]B'^ Written Request ofthe Authority — /u U L ,I,?, Aff Ls. This CAPITAL IMPROVEMENTS AGREEMENT (the "Agreement") made and entered into this ' day of March, 2004, by and among the TULSA COUNTY INDUSTRIAL AUTHORITY, an Oklahoma public trust (the "Authority"), the BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OK.LAHOMA (the "Board") and the CITY OF OWASSO, OKLAHOMA, a municipal corporation (the "Contracting Party"). A. The Authority was created pursuant to a Trust Indenture dated March 1, 1965, as a public trust for the use and benefit of the County of Tulsa, Oklahoma, under authority of and pursuant to the provisions of Title 60 O.S. 2001, §176-180.3, inclusive, as amended and supplemented and other applicable statutes of the State of Oklahoma. B. On July 7, 2003, the Board adopted a Resolution (the "Resolution") calling for a special election to levy and collect a sales tax to provide revenue for the purpose of capital improvements for community enrichment within Tulsa County, Oklahoma, including $1,000,000.00 (the "Contracting Party Amount") to be provided to fund the construction of capital improvements described within Exhibit "A" attached hereto (the "Improvements") on real property described within Exhibit "B" attached hereto (the "Land"). (The Improvements and the Land being hereinafter collectively referred to as the "Project"). C. On September 9, 2003, the duly qualified electors of Tulsa County, Oklahoma, did approve the levy and collection of such sales tax for the purposes set forth above. D. The 'Contracting Party has requested the Authority to make, pursuant to the Resolution, disbursements for the costs of the acquisition, construction, equipping and furnishing of the Project (the "Advances"). E. In order to fund the Advances and the costs of the acquisition, construction, equipping and furnishing of other projects for other contracting parties, the Authority issued its $127,150,000.00 Tulsa County Industrial Authority Capital Improvements Revenue Bonds, Series 2003A and its $ 115,000,000.00 Tulsa County Industrial Authority Capital Improvements Revenue Bonds, Series 2003B (the "Bonds"). In consideration of the foregoing and of the mutual covenants, conditions, and promises set forth herein and other good and valuable considerations, the receipt, sufficiency and validity of which are hereby acknowledged, the parties hereto agree to the following terms and conditions. 1. DEFINITIONS. The following terms for all purposes of this Agreement have the following meanings. Unless the context otherwise indicates, words importing the singular shall include the plural and vice versa and the use of the neuter, masculine or feminine gender is for convenience only and shall be deemed to mean and include the neuter, masculine and feminine gender. I.I. "Advance" shall mean any of the Advances as defined within paragraph D of the Recitals hereof, and shall be Construction Advances or Non -Construction Advances. 1.2. "Application and Certificate for Payment" means an application for payment in the form o"American Institute of Architects Document G702, Application and Certificate for Payment, and American Institute of Architects Docum, at G703, Continuation Sheets, showing by trade the cost of work on the Project and the cost of materials incorporated into the Improvements or stored on the Land, all to be stated in the Application and Certificate for Payment, which Application and Certificate for Payment shall be signed by the Contracting Party, the appropriate Contractor under the Construction Contracts and the Architect, Engineer or Project Manager and shall show the percentage of completion of each construction line item on the Approved Budget. 1.3. 66Aproved Budet99 means a budget or cost schedule prepared by the Contracting Party in form and content satisfactory to the Authority, and specifying: (i) that portion, if any, of the cost of the Project to be paid by the Contracting Party with funds other than proceeds of the Bonds, and (ii) the cost by item of all Costs of Construction in accordance with the Plans and all Government Requirements and estimating the dates on which the Contracting Party contemplates requiring Advances from the Authority hereunder, as amended from time to time by the Contracting Party with the consent of the Authority. 1.4. "Architect" means the architect(s) who execute the Architect/Engineer Agreement. 1.5. "Architect/E.. ngineer Age eement 41 means the agreement between the Contracting Party and the Architect or Engineer regarding the Improvements. 1.6. "Authorit y49 means Tulsa County Industr al Authority, an Oklahoma public trust. 1.7. "Authorization and Certificate of Aut�9 means the Authorization and Certificate of Authority signed by the Authority in the form and content set forth on page 2 of Exhibit "B" attached to the First Supplemental Bond Indenture and on page Em3 of Exhibit "E"Y hereto. 1.8. "Authorization and Certificate of Co- tractin -Party" means the Authorization and Certificate of Contracting Party signed by the Contracting Party in the form and content set forth on page 3 of Exhibit "By" attached to the First Supplemental Bond Indenture and on page EA2 of Exhibit "E" hereto. 1.9. "Authorization and Certificate of Pr gram Manager" means the Authorization and Certificate of Program Manager signed by the Program Manager in the form and content set forth on page 4 of Exhibit "B" attached to the First Supplemental Bond Indenture and on page E-4 of Exhibit "E" hereto. I SAjorbison\TCIA\C'ityof0wassoCommunityCtrREINISURSEMENT AGR.doc 1.10. "Authorization and Certificate of Project Manager" means the Authorization and Certificate of Project Manager signed by the Architect, Engineer or Project Manager in the form and content set forth on page 5 of Exhibit "B" attached to the First Supplemental Bond Indenture and on page E®5 of Exhibit "E" hereto. 1.11. "Biddin Documents" means the bid notices, instruction to bidders, plans and specifications, bidding form, bidding instructions, general conditions, special conditions and all other written instruments prel :red by or on behalf of the Contracting Party for use for prospective bidders on public construction contracts regarding the Improvements. 1.12. "Bond Costs" means (i) principal, interest and premium, if any, due and to become due on the Bonds and on all other bonds secured by the Sales Tax, (ii) Costs of Issuance, and (rrr) all fees and expenses payable by the Authority pursuant to the Bond Indenture. "Bond Indenture" eans the Master Bond Indenture, as supplemented by the First Supplemental Bond Indenture. 1.14. "Builder's Risk Insurance" means extended coverage insurance against loss or damage by fire, lightning, wind storm, hail, explosion, riot, vandalism, malicious mischief, riot attending a strike, civil commotion, aircraft, vehicles, smoke and other risks from time to time included under "extended coverage" policies, in an amount equal to 100% of the full replacement value of the Improvements. 1.15. "Certificate of Completion" means certificates satisfactory to the Authority signed by the Contracting Party and the Architect, Engineer or Project Manager certifying that the construction, equipping and furnishing of the Improvements have been completed in accordance with the Plans and setting forth the date of such completion. 1.16. "Chafe ®rdors" mean changes or modifications to any Construction Contract or any other contract with labor or material suppliers. 1.17. "Completion Date" means the date of completion of the acquisition, construction, equipping and furnishing of the Project, as that date shall be certified to the Authority by the Contracting Party within the Certificate of Completion. 1.18 46Construction Advance" means any Advance for Costs of Construction which are properly payable to appropriate Contractors pursuant to the Construction Contracts, 1.19. 66Construction Advance bequest" means a written request from the Contracting Party (and signed by the Architect, Engineer or Project Manager, as determined by the Authority) to the Authority specifying the requested Construction Advance amount and the disbursement date and making certifications to the Authority, all as more specifically set forth in the Construction Advance bequest form, a copy of which is attached hereto as Exhibit "C." 0 S:AjoibisonATCIA\CityofO�vassoCommuiiit},CtrREIivIBURSBit ENT AGR.doc 1.20. "Construction Contracts" means the agreements between the Contracting Party and the Contractors providing for the construction, equipping and furnishing of the Project. 1.21. "Construction Schedule" means a schedule of the construction, equipping and furnishing of the Improvements from the commencement date of construction to the Completion Date, in form and content satisfactory to the Authority, as amended from time to time by tl-- Contracting Party with consent of the Authority. 1.22. "Contracting Party" means the City of Owasso, Oklahoma. 1.23. "Contracting -Part y_Amount" means the amount specified within Paragraph B of the Recitals hereof 1.24. "Contracting Part Percentag, means the Maximum Amount of Advances or the total cost of the Project, whichever is less, divided by that portion of the aggregate cost of all projects specifically listed within the Vision 2025 Resolutions which is funded by the Sales Tax and/or proceeds of bond issues of the Authority secured by the Sales Tax. 1.25. "Contractors" means the contractors who execute Construction Contracts, 1.26. "Cost of Construction" means all costs of designing, acquiring, constructing, equipping and furnishing the Project, including, but not limited to, the cost of land or any interest in land, obligations incurred for labor and materials and to architects, project managers, contractors, builders and materialmen; the restoration or relocation of property damaged or destroyed in connection with the construction; and the cost of machinery, equipment or supplies purchased by the Contracting Party for inclusion as part of the Project. 1.27. "Costs of Issuance" means all costs and expenses incurred by, the Authority in cnrm.Dction with the issuance and sale of the Bonds and all other bonds secured by the Salon Tax, including, without limitation (i) fees and reasonable expenses of accountants, attornf-ys and financial advisors; (ii) materials, supplies and printing and engraving costs; (iii) recording and filing fees and (iv) credit ratings costs. 1.28. "County" means Tulsa County, Oklahoma. 1.29. "Disbursement Account" means subaccount #816421291 of the Construction Fund established for the purposes set forth berein pursuant to Section 8.01(c) of the First Supplemental Bond Indenture. 1.30 "E11ineer" means the engineer(s) who execute the Architect/Engineer g Agreement. 1.31. "Excess Sales Tax" means all Sales Tax received by the County less amounts paid therewith for Bond Costs, fees and expenses of the County incurred in connection with the 4 S:\jorbison\TC1A\City0 f0wassoComniw1itvCtrRE1N1 BURS EM ENT AGR.doc administration of Sales Tax disbursements and the cost of all projects specifically identified within the Vision 2025 Resolutions. 1.32. "First Supplemental Bond Indenture" means the First Supplemental Bond Indenture dated as of December 1, 2003, by and between the Authority and the Trustee, which First Supplemental Bond Indenture supplements the Master Bond Indenture and, together with the Master Bond Indenture, authorizes the issuance of the Bonds. 1.33. `Governmental Approvals" means authorizations required Vy Governmental Authorities for the construction and operation of the Improvements contemplated by the Plans, including, without limitation, a copy of the building permit and zoning clearance issued by the city which has jurisdiction over the contemplated project. 1.34. "Governmental Authority" means the United States, the state, the County, the city or any other political subdivision in which the Land is located, and any other political subdivision, agency or instrumentality exercising jurisdiction over the Contracting Party or all or any portion of the Land. 1.35. "GoverrimenL Requirements" means all laws, orders, decrees, ordinances, rules and regulations of any Governmental Authority. 1.36. "Improvements" means the Improvements described within Exhibit "A" attached hereto, 1.37. "Land" means the real property described within Exhibit 66B" attached hereto. "Master Bond Indenture" 2003, by a.between the Authority and the Trustee,is supplemented and amended from time to time, which Master Bond Indenture,o• f. Bond Indenture, authorizes theissuance of the Bonds. 1.39. "Maximum Amount of Advances" means ninety-five percent (95%) of the Contracting Party Amount or $950,000.00, 1.40. "Non -Construction Advance A I�.equest" means a written request from the Contracting Party to the Authority specifying the requested Non -Construction Advance amount and the disbursement date and making certain certifications to the Authority, all as more specifically set forth in the Non -Construction .Advance Request form, a copy of which is attached hereto as Exhibit "D " 1.41. "Non -Construction Advance" means any Advance for the payment of Costs of Construction other than the costs and fees which are properly payable to the appropriate Contractors pursuant to the Construction Contracts. 1.42. "®pinion of Contracting Party's Counsel" means an opinion from the Contracting Party's counsel addressed to the Authority, which opinion shall be in forrn and content W S:Ajorbisoii\TCIA\CityoCOwassoCommunityCtrREINIBURSEiv1ENT AGR.doc satisfactory to the Authority and shall include, but not be limited to, the following (i) the Contracting Party has the authority and capacity to enter into this Agreement; (ii) this Agreement is a legal, valid and binding obligation against the Contracting Party, fully enforceable in accordance with its terms under applicable laws, except as the enforceability thereof may be limited by applicable bankruptcy, insolvency or other similar laws affecting the enforcement of creditors' rights generally and by general principles of equity; (iii) the Costs of Construction may be lawfully funded with the proceeds of the Bonds and with the pror,:eds of the Sales Tax; (iv) there are, to the Contracting Party's counsel's knowledge, no actions or proceedings pending or threatened in u.-y court or governmental department or agency which would affect the validity of this Agreement or any of the instruments, documents or agreements delivered by the Contracting Party under the terms of this Agreement; (v) the Contracting Party has obtained all federal, state and local governmental approvals, licenses and permits necessary as of the date of the opinion to comply with any and all Governmental requirements relating to the Land, the construction of the Improvements thereon and the occupancy thereof; (vi) such delivery and compliance by the Contracting Party with the terms of this Agreement do not, to the Contracting Party's counsel's best knowledge, conflict with or violate any agreement to which the Contracting Party is a party or is bound; and (vii) the Contracting Party is a duly organized and validly existing municipal corporation under the laws of the State of Oklahoma. 1.43. "Payrnent and Performance Bonds" means separate performance and labor and material payment bonds with respect to the Construction Contracts and in the full amount of Construction Contracts. 1.44. "Plans" means all detailed plans and specifications for the construction of the Improvements prepared by the Architect or Engineer, as amended from time to time by the Contracting Party with consent of the Authority. 1.45. "Program Manager" means Program Management Group, L.L.C.. 1,46. 66Pr ject" means the Irnprovemtri-s and the Land. 1.47. 66Pro ect Manager" means the project manager or construction manager who executes the Project Manager Agreement. 1.48. "Pro°ec Cana er �nen " means the agreement between the Contracting Party and the Project Manager regarding the Improvements. 1.49. 6612emainin Amount" means five percent (5%) of the Contracting Party Amount, or $50,000,00. 1.50 "Re " means a requisition in the form and content set forth on page 1 of Exhibit "B" attached to the First Supplemental Bond Indenture and on page E41 of Exhibit "E" hereto. rel S:\jorbison\TCIA\CitvofOwassoConuiuuiitvCtrREIM BURS ENI ENT AGR.doc 1.51. "Resolution" means the Resolution of the Board described within Paragraph B of the Recitals hereof. 1.52. "Sales Tax" shall mean that certain sales tax levied and collected by the County as set forth in the propositions approved by the registered, qualified voters of the County at an election held for that purpose on September 9, 2003, which propositions provide for the County of Tulsa, Oklahoma, by its Board of County Commissioners, to levy and collect a sixty (60) percent of one 0) percent (.60%) sales tax for the purpose of providing funds to Tulsa County, Oklahome, to improve the general economic conditions of the people of the County (i) by funding capital improvements for American Airlines which will promote economic development for and provide additional jobs and payroll within the County; (ii) by funding educational, health care and events facilities which will promote economic development for and provide additional jobs and payroll within the County; and (iii) by constructing capital improvements for community enrichment within the County; and/or to be applied or pledged toward the payment of principal and interest on any indebtedness, including refunding indebtedness, incurred by or on behalf of Tulsa County for such purpose, commencing January 1, 2004, and continuing thereafter for a period of thirteen (13) years. 1.53. "Termination Event" shall mean the occurrence of any of the following: 1.53.1. Breach of Covenants. Failure by the Contracting Party in the punctual performance or observation of any covenant or agreement on its part in this Agreement, and such default shall have continued for a period of thirty (30) days after written notice thereof, specifying such default and requiring the same to be remedied, shall have been given to the Contracting Party by the Authority. 1.53.2. Representations and Warranties. Any representation, statement, certificate, schedule or report made or furnished to the Authority by the Contracting Party proves to be false or materially misleading at the time of the making thereof- or any warranty ceases to be co. --plied with in any material respect, and Contracting Party fails to take or cause to be takc-n co.-fective measures satisfactory to the Authority within thirty (30) business days after receipt of written notice from the Authority relating to the particular Termination Event. 1.53.3. Insolvency. The Contracting Party shall (i) apply for or consent to the appointment of a receiver, trustee or a liquidator of the Contracting Party or its properties; (ii) admit in writing the inability to pay its debts a they mature; (iii) make a general assign ent for the benefit of creditors; (iv) commence any proceeding relating to the bankruptcy, reorganization, liquidation, receivership, conservatorship, insolvency, readjustment of debt, dissolution or liquidation of the Contracting Party; or (v) becomes insolvent. 1.54. 66Trustee99 means Bank of Oklahoma, National Association, Tulsa, Oklahoma, a national banking association having corporate trust powers organized and existing under the laws of the United States of America, and its successors and any corporation resulting from or surviving any consolidation or merger to which it or its successors may be party and any successor Trustee at the time serving as successor trustee under the Bond Indenture. 7 S:Ajotbison\TCIA\CitvofOwassoCoAntnuiiityCtrREIMBURSEMENT AGR.dOc 1.55. "Vision 2025 Resolutions" means separate resolutions adopted by the Board on July 7, 2003, levying and assessing the Sales Tax, which were approved by the qualified electors of the County at an election held September 9, 2003. 2. OBLIGATION OF AUTHORITY TO MAKE ADVANCES. On the date of this Agreement, the Authority has caused proceeds of the Bonds equal to the Maximum Amount of Advances ($950,000 00) to be deposited with the Trustee within the Disbursement Account (Ac ount#816421291) for the use and benefit of the Contracting Party (the City of Owassc, Oklahoma) for the costs of the acquisition, construction, equipping and furnishing of the Improvements described within Exhibit "A" hereto. The Authority shall cause the Trustee to make Advances from the Disbursement Account to the Contracting Party, or to the appropriate payee, in an aggregate amount not exceeding the Maximum Amount of Advances, subject to and in accordance with the terms and provisions of this Agreement. In the event the Contracting Party expends funds other than Advances hereunder in the acquisition, construction, equipping and famishing of the Project, such expenditures shall not reduce the aggregate amount of Advances available to the Contracting Party hereunder. 3. CONDITIONS PRECEDENT TO THE AUTHORITY; S OBLICIATION TO MADE THE INITIAL ADVANCE. It is expressly agreed that the Authority shall not be obligated to make the initial Advance hereunder until the following conditions have been satisfied, unless waived by the Authority at its sole discretion. In the event the Authority elects to waive any requirements or conditions contemplated herein with regard to the initial Advance, such waiver shall not preclude the Authority from thereafter requiring full and complete performance of all terms, conditions and requirements with regard to any subsequent Advance. 3.1. The Authority has received the following documents: 3.1.1. Approved Budget; 3.12. Written detailed description of the Project; 3.13. Construction Schedule; 3.1 A. Opinion of Contracting Party's Counsel; 3.1 ,5. Copy of Project Manager Agreement, if any; 3.L6. Copies of all other then -existing agreements executed by the Contracting Party in connection with the acquisition, construction, equipping and furnishing of the Project-, and 3.1.7. Such other documents, certificates and instruments in connection with the Project, in form and substance satisfactory to the Authority or its Program Manager as the Authority or its Program Manager may reasonably request. SAjoi bison\TC 1A\C ityo fOwassoCoiiiiiiiiiiityCti-REllvI BURS EfV1 ENT AGRAoc 3.2. The representations and warranties set forth within Section 7 hereof shall be true and correct on and as of the date of the initial Advance with the effect as if made on such date. 3.3. No Termination Event exists under this Agreement. 4. CONDITIONS PRECEDENT TO AUTHORITY'S OBLIGATION TO MAKE CONSTRUCTION ADVANCES. It is expressly agreed that the Authority's obligation to make any Construction Advance shall be subject to satisfaction of the following conditions, unless waived by the Authority at its sole discretion. In the event the Aut'. irity elects to waive any requirements or conditions contemplated herein with regard to any such Construction Advance, such waiver shall not preclude the Authority from thereafter requiring full and complete performance of all terms, conditions and requirements with regard to any subsequent Advance. 4.1 All conditions for all previous Advances must be satisfied or expressly waived in writing by the Authority as of the date of the pending Construction Advance. 4.2 The Authority has received the following documents: 4.2.1. Copy of Architect/Engineer Agreement; 4.2.2. Plans; 4.2.3. Copy of all Construction Contracts; 4.2.4. Copy of all Governmental Approvals; 4.2.5. Copy of all insurance policies required by Section 13 hereof or certificates that such insurance is in full force and effect; 4.2.6 Copy of Pay'1Vr.,:-.nt and Performance Bonds; 4.2.7. Copy of all Bidding Documents; 4.2.8. All amendments to documents previously delivered to the Authority by the Contracting Party hereunder; and 4.2.9. Copies of all then -existing agreements executed by the Contracting Party in connection with the acquisition, construction, equipping and furnishing of the Project, not previously submitted to the Authority; 4.2.10. Such other documents, certificates and instruments in connection with the Project, in form and substance satisfactory to the Authority or its Program Manager as the Authority or its Program Manager may reasonably request. 4.3 The Construction Advance complies and is in accordance with the Approved Budget. 9 S:Jorbison\TC IA\Ci tyo f'OwassoColiliiiuiiitvCti-REIIVI BURS ENI ENT AGR.dac 4.4 The representations and warranties set forth within Section 7 hereof shall be true and correct on and as of the date of the pending Construction Advance with the effect as if made on such date. 4.5 No Termination Event exists under this Agreement. 5. CONDITIONS PRECEDENT TO AUTHORITY'S OBLIGATION TO MADE NON® CONSTRUCTION ADVANCES. It is expi ,ssly agreed that the Authority's obligation to make any Non -Construction Advance shall be subject to satisfaction of the following conditions, unless waived by the Authority at its sole discretion. In the event the Authority elects to waive any requirements or conditions contemplated herein with regard to any such Non -Construction Advance, such waiver shall not preclude the Authority from thereafter requiring full and complete performance of all terms, conditions and requirements with regard to any subsequent Advance. conditions - or expressly waived in writing by the Authority as of the date of the pending Authority'odocuments, 5.2.1. All amendments to documents previously delivered to the Authority by the Contracting Party hereunder; and 5.2.2. Such other documents, certificates and instruments in connection with the Project, in form and substance satisfactory to the Authority or its Program Manager as the Authority or its Program Manager may reasonably request. Budget, 5.3 The Non -Construction Advance complies and is in accordance with the Approved e 5.3. The representations and warranties set forth within Section 7 hereof shall be true and correct on and as of the date of the pending Non -Construction Advance with the effect as if made on such date. 5A. No Termination Event exists under this Agreement 6. DISBURSEMENT PROCEDURE. Subject to compliance by the Contracting Party with all the terms, provisions and conditions of this Agreement, including, but not limited to, the conditions precedent set forth within Sections 3, 4 and 5 hereof, the Authority will cause the Trustee to disburse sums in the Disbursement Account to the Contracting Party, or to the appropriate payee, for the purpose of paying Costs of Construction items specified in the Approved Budget, in accordance with the following procedures: 6.1. Request for Construction Advance. Not less than fifteen (15) business days before the date on which the Contracting Party desires a Construction Advance, but not more 10 S:\jorbison\TCIA\CityoF0wassoComnuuiitvCtrREIib1 BURS EMENT AGRAce frequently than monthly, the Contracting Party shall submit to the Authority a Construction Advance Request, which shall be accompanied by the following: 6.1.1. Application and Certificate for Payment dated as of the date of the Request for Advance; 6.1.2. Billing statements, vouchers and invoices, in form and content satisfactory to the Authority, with regard to items 1-1.1at are the subject of the Construction Advance Request; 6.1.3. If the Construction Advance is for the purpose of reimbursing the Contracting Party for Costs of Construction previously paid by the Contracting Party, evidence satisfactory to the Authority of such prior payment; 6.1.4. If requested by the Authority, appropriate waivers of lien rights, in form and content satisfactory to the Authority and its legal counsel, executed and acknowledged by all Contractors, sub -contractors, laborers and materialmen who have furnished labor or materials relating to the Improvements; 6.1.5. Completed Requisition; 6.1.6. Authorization and Certificate of Contracting Party; and 6.1.7. Authorization and Certification of Project Manager. 6.2. Not less than fifteen (15) business days before the date on which the Contracting Party desires a Non -Construction Advance, but not more frequently than monthly, the Contracting Patty shall submit to the Authority a Non - Construction Advance Request, which shall be accompanied by the following: , 6.2.1. Billing statements, vouchers and invoices, in form and content satisfactory to the Authority, with regard to items that are subject of the Non -Construction Advance Request; 6.2.2. If the Non -Construction Advance is for the purpose of reimbursing the Contracting Party for Costs of Construction previously paid by the Contracting Party, evidence satisfactory to the Authority of such prior payment; 6.2.3. Completed Requisition; 6.2.4. Authorization and Certificate of Contracting Party; and 6.2.5. Authorization and Certification of Project Manager, if any. 6.3. Authority's Inspection. If, for any reason, the Authority or its Program Manager deems it necessary to cause the Project to be examined by the Program Manager prior to S:\jorbison\TCIA\Citvof0wassoCommunitvCtrREIMBURSEMENT AGRAcc making any Advance, it shall have a reasonable time within which to do so, and the Authority shall not be required to make any submissions to the Trustee until such examination has been made. The Authority and its Program Manager shall have the right, upon reasonable prior notice, to enter the Project at all reasonable times for the purpose of examining and inspecting the Project. The Authority and its Program Manager shall also have the right at all reasonable times to examine the books and records of the Contracting Party regarding the Project. 6.4. Disbursements. Upon receipt by the Authority of the items required by erections 3, 4, 5, 6.1 and 6.2 hereof, or as soon thereafter as all conditions precedent to the requested Advance have been satisfactorily met, including delivery to the Authority of an Authorization and Certificate of Program Manager, the Authority shall cause the Trustee to disburse from the Disbursement Account to the Contracting Party, or to the appropriate payee, for. Costs of Construction the amount of the requested Advance, by submitting to the Trustee, in accordance with Section 8.02 of the First Supplemental Bond Indenture, the Requisition, together with the Authorization and Certificate of Authority, the Authorization and Certificate of Program Manager, the Authorization and Certification of Contracting Party and the Authorization and Certificate of Project Manager, if any. 6.5. Maximum Amount of Advances The total amount of all Advances under this Agreement shall not exceed the Maximum Amount of .Advances. 6.6. Date after which Advances Cease. Notwithstanding anything herein to the contrary, the Authority shall have no duty to make or cause the making of Advances hereunder to the Contracting Party after March , 2007. 6. 7. Construction Retainage. An amount equal to five percent (5%) of the Maximum Amount of Advances shall be retained in the Disbursement Account. Such Retainage shall be disbursed upon completion of the construction, equipping and furnishing of the Improvements, provided: 6.7.1. A Construction Advance Request shall have been submitted to the Authority with respect to such retainage; 6.7.2. A Certificate of Completion shall have been submitted to the Authority, accompanied by a certificate of occupancy for the Improvements and such other written evidence reasonably required by the Authority of the approval of the municipality where the Improvements are located, reflecting that the Improvements in their entirety are available for permanent occupancy; 6.7.3 The written consent of the sureties named within the Payment and Performance Bonds shall have been submitted to the Authority. 6.7.4. The Authority has received appropriate waivers of lien rights, in form and content satisfactory to the Authority and its legal counsel, executed and acknowledged by 12 S:Ajorbison\TCIA\CitvofOwassoCommunitvCtrREIivI BURS EM ENT AGRAoc all Contractors, sub- contractors, laborers and materialmen who have furnished labor or materials relating to the Improvements; 6.7.5. The Contracting Party has complied with all the terms, provisions and conditions of this Agreement; including, but not limited to the conditions precedent and procedures set forth within Sections 3, 4, 5 and 6 hereof-, 6.7.6. The representations anc� warranties set forth within Section 7 hereof shall be true and correct on the date of disbursement of sucli-�-etainage; and 6.7.7. No Termination Even exists under the Agreement. 6.8. Projected Budget Overrun. In the event the Authority reasonably determines, at any time, that the total cost of completing the acquisition, construction, equipping and furnishing of the Project will exceed the Maximum Amount of Advances plus costs of the Project to be paid by the Contracting Party with funds other than proceeds of the Bonds as set forth in the Approved Budget, the Authority may require the Contracting Party to make cash deposits with the Authority sufficient in amount to cover such estimated excess costs, which cash deposits will be disbursed by the Authority on a first -out basis prior to farther Advances. 7. REPRESENTATIONS AND WARRANTIES OF CONTRACTING PARTY. The r Contracting Party represents and warrants to, and covenants with, the Authority and the to. as follows: 7.1. Existence and -Qualification. The Contracting Party is a municipal corporation, validly existing and in good standing under the laws of the State of Oklahoma, and the Contracting Party has all requisite power and authority to own, operate and lease its properties and to carry on its business as presently conducted. 7.2. Authority, Approval xgnd Enforceability. The Contracting Party has all requisite power and authority to execute and deliver thi6 Agreement and to perform its obligations under this Agreement. This Agreement has been duly executed and delivered on behalf of the Contracting Party and constitutes the legal, valid and binding obligation of the Contracting Party. 73. No Violations. Based upon a reasonable investigation, there exist no violations of any statutes, rules, orders, ordinances, regulations or requirements of any Governmental Authorities with respect to the Land, and the anticipated use thereof complies with all applicable statutes, rules, ordinances, regulations or requirements (including, without limitation, zoning, environmental, ecological, landmark and all other applicable categories) affecting the Land. 7.4. Disclosure. The representations and warranties made to the Authority and the Board by the Contracting Party contain no untrue statements of material facts, and the Contracting Party has not intentionally omitted to disclose any material fact. 13 S:\iot-bisoii\TCIA\CitvofONv,,issoCotiiiiiutiitvCti-REINI BU RE ENI ENT AGR.doc 7.5- Continuing Nature of Representations. Each of the representations and warranties set forth herein will be true on the date of each Advance hereunder, and the acceptance of any Advance hereunder by the Contracting Party shall be deemed to be a reaffirmation of each and every one of said representations and warranties. 8. REPRESENTATIONS AND WARRANTIES OF THE AUTHORITY. The Authority hereby represents and warrants to, and covenants with the Contracting Party as follows: 8-1. Aidth�orit �Aro�val L'd Enforceability. The Authority has all requisite power and authority to execute and deliver this Agreement and to perform its obligations under this Agreement. This Agreement has been executed and delivered on behalf of the Authority and constitutes a legal and binding obligation of the Authority, enforceable against the Authority in accordance with its terms. 8.2. Disclosure. The representations and warranties made to the Contracting Party by the Authority contain no untrue statement of material fact and the Authority has not intentionally omitted to disclose any material fact. 9. REPR . The Board hereby represents and warrants to, and covenants with the Contracting Party as follows: 9-1- Authority Auproval and Enforceability. The Board has all requisite power and authority to execute and deliver this Agreement and to perform its obligations under this Agreement. This Agreement has been executed and delivered on behalf of the Board and constitutes a legal and binding obligation of the Board, enforceable against the Board in accordance with its terms. 9.2. Disclosure. The representations and warranties made to the Contracting Party by the Board contain no untrue statement of material fact and the Board has not intentionally omitted to disclose arty material fact. JO. REMEDIES. Upon the occurrence of a Termination Event, the Authority may, at its option: 10.1. Termination of Advances. Terminate the making of Advances. 10.2. Waiver of Termination Event. The Authority may, at its option, by an instrument in writing signed by the Authority, waive any Termination Event which shall have occurred and any consequences of such Termination Event and, in such event, the Contracting Party and the Authority shall be restored to their former respective rights and obligations hereunder. Any Termination Event so waived shall, for purposes of this Agreement, be deemed to have been cured and not to be continuing; but no such waiver shall extend to any subsequent or other Termination Event or impair any consequence of such subsequent or other Termination Event or any of the Authority's rights relating thereto. IN S:\.j*oi'bisoti'\TCIA',Cityof0wassoCotiiiii.uilityCti-REINIBURSEVlEi\[T AGRAoc 10.3. Cumulative Remedies. The remedies herein provided shall be in addition to and not in substitution for the rights and remedies which would otherwise be vested in the Authority in law or equity, all of which rights and remedies are specifically reserved by the Authority. The remedies herein provided or otherwise available to the Authority shall be cumulative and may be exercised concurrently. The failure to exercise any of the remedies herein provided shall not constitute a waiver thereof, nor shall use of any of the remedies hereby provided prevent the subsequent or concurrent resort to any other remedy or remedies which by this Agreement or by law or equity sh-11 be vested in the Authority. As a condition to any " dvance after a Termination Event, the Authority may require the completion of the Project by methods and in a manner satisfactory to the Authority. 11. DISBURSEMENT BY COUNTY. In addition to Advances by the Authority up to the Maximum Amount of Advances, the Board shall, solely from the Contracting Party Percentage of any Excess Sales Tax, make disbursement(s) to the Contracting Party, up to, but not exceeding, the Remaining Amount, to reimburse the Contracting Party for any costs of the Project paid by the Contracting Party with funds other than proceeds of the Bonds and/or to pay for the costs of expansion or rehabilitation of the Project, subject to provisions and conditions precedent substantially similar to those contained herein applicable to Advances. Notwithstanding anything herein to the contrary, the Board shall have no duty to make such disbursements after December 31, 2018. 12. COMPLETION OF THE PROJECT. The Contracting Party shall complete the construction, equipping and furnishing of the Improvements in accordance with the Plans and submit to the Authority a Certificate of Completion on or before Larch , 2007. 13. INSURANCE. The Contracting Party shall, at all times during the construction of the Improvements, maintain or cause the Contractors to maintain in full force and effect Builder's Risk Insurance. In addition, the Contracting Party shall cause the Contractors at all times during the construction of the Project to maintain general liability insurance in an amount reasonably required by the Authority and shall cause the Contractors to maintain worker's compensation i!lsuu once as required by law. 1.4. CHANGE ORDERS. The Contracting Party shall deliver to the Authority copies of all Change Orders within five (5) business days after the respective dates thereof. 15. AUDIT. The Authority shall have the right at all reasonable times during regular business hours to audit or cause the audit of the books and records of the Contracting Party pertaining to the acquisition, construction, equipping and furnishing of the Project and to audit or cause the audit of the administration of the acquisition, construction, equipping and furnishing of the Project. 16. COPIES OF FILED LIENS. The Contracting Party shall deliver to the Authority copies of all mechanics', materialmen's or laborers' liens filed against the Improvements or the Land, within five (5) days after the Contracting Party's knowledge thereof. 15 S:Ajorbisou\TCIA\CityofowassoCommuuityCtrREINIBURSEVfENT AGR.doc 17. GOVERNMENT REQUIREMENTS AND PUBLIC COMPETITIVE BIDDING ACT. The Contracting Party shall construct the Improvements in accordance with all applicable Government Requirements and shall, in connection therewith, comply with the Oklahoma Public Competitive Bidding Act of 1974 and any amendments thereto. 18. CONSTRUCTION CONTRACTS, The Contracting Party shall at all times comply with the terms and provisions of the Construction Contracts. 19. VISION 2025 SIGNAGE. The Authority shall, at all times prior to Ju'--,- 1, 2017, have the right to place a sign or signs upon the Project identifying the Project as a Project funded by Vision 2025 Sales Tax. Such sign or signs and the location thereof shall be subject to the approval of the Contracting Party, which approval shall not be unreasonably withheld or delayed, 20. GENERAL CONDITIONS. The following conditions shall be applicable throughout the term of this Agreement. 20.1. Nonwaiver. No Advance hereunder shall constitute a waiver of any of the conditions of the Authority's obligation to make further Advances, nor, in the event the Contracting Party is unable to satisfy any such condition, shall an . y such waiver have the effect of precluding the Authority from thereafter declaring such inability to be a Termination Event as hereinabove provided. 20.2. The Authgdjy's Satisfaction. All proceedings taken in connection with the transactions provided for herein and all documents required or contemplated by this Agreement must be reasonably satisfactory to the Authority. 20.3. Establishment of Facts. If any condition of this Agreement requires the submission of evidence of the existence or nonexistence of a specified fact or facts or implies as a condition the existence or nonexistence, as the case may be, of such fact or facts, the Authority shall, at all tirnec be free to independently establish to its satisfaction and in its absolute discretion such existence or nonexistence. 20.4. Relationship of Parties. The Authority is neither a partner nor joint venturer with the Contracting Party or any other party in connection with the Project. The Authority shall not in any way be liable or responsible by reason of the provisions hereof, or otherwise, for the payment of any claims growing out of the construction of the Improvements or the Land. 20,5. Conditions for Exclusive Benefit of the Authority. All conditions of the obligations of the Authority to make Advances hereunder are imposed solely and exclusively for the benefit of the Authority and its assigns, and no other person shall have standing to require satisfaction of such conditions in accordance with their terms and no other person shall, under any circumstances, be deemed to be beneficiary of such conditions. 20.6. Notices. Any notice, request, complaint, demand, communication or other paper shall be sufficiently given and shall be deemed given when delivered or mailed by registered or certified mail, postage prepaid or sent by telegram, addressed as follows: 16 S:\jorbison\TC IA\Cityo fOwassoCoiiiiiiuiiityCti,REli�vI BURS EIM ENT AGR.doc The Authority: Tulsa County Industrial Authority 500 S. Denver Tulsa, OIL 74103 Attn: Chairman of 'Trustees Tulsa County: Board of County Commissioners 500 South Denver Tulsa OIL 74103 Attn: Chairman Contracting City of Owasso, Oklahoma Main Owasso f74055 ManagerAttn: City The parties hereto may designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. The above addresses may be changed at any time Upon written notice of such change sent by United States mail, postage prepaid to the other parties by the party effecting the change. 20.7. Amendment Waiver. This Agre-cmen4 may not be amended, .modified, waived, discharged or terminated in any way, exco-vt by an instrument in writing executed by all parties hereto; PROVIDED, HOWEVER, the Authority may, in writing: (i) extend the time for performance of any of the obligations of the Contracting Marty; (ii) waive any Termination Event by the Contracting Marty; and (iii) waive the satisfaction of any condition that is precedent to the performance of the Authority's obligations under this Agreement. In the event of a waiver of a Termination Event by the Authority, such specific Termination Event shall be deemed to have been cured and not continuing, but no such waiver shall extend to any subsequent or other Termination Event or impair any consequence of such subsequent or other Termination Event. 20.8. rifts and remedies. in the event of a breach of any of the covenants or agreements hereof by a party hereto, the other parties hereto shall be entitled to enforce and exercise all options, rights and remedies, jointly or in the alternative, provided by the Agreement, law or equity. 17 S',.iorbison\TC[A\CityofOwassoConununityCtrREliv1BURS E1v1ENT AGR.doc 20.9. Governing Law. This Agreement shall be deemed to be a contract made under the laws of the State of Oklahoma and shall be construed by and governed in accordance with the laws of the State of Oklahoma. 20.10. 'Third Party Beneficiary. Nothing in this Agreement, express or implied, is intended to confer upon any person other than the parties hereto, and their respective successors and assigns, any rights or remedies under or by reason of this Agreement. 20.11. Prohibition e.ainst Assi eat. The Contracting Party shall not assign or transfer voluntarily or by operation of law or otherwise dispose of this Agreement or any rights hereunder, or any monies, property or funds deposited with the Authority. An assignment or transfer in violation of this provision shall be invalid, and an assignment or transfer by operation of law shall be deemed to be an. invalid transfer. 20.12. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto, with any and all prior agreements and understandings being merged herein. 20.13. Captions and Para aph Ileadin s, The captions and paragraph headings contained herein are included for convenience only and shall not be construed or considered a part hereof nor affect in any manner the construction or interpretation hereof 20.14. Time of Essence. Time is of the essence of this Agreement. 20.1 S, Binding -Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 20.16. Severability, Should any clause or provision of this Agreement be invalid or void for any reason, such invalid or void clause shall not adversely affect the remainder of this Agreement, and such remainder shall remain in full force and effect. 20.17. In.-alidity of Provisions. If any terra or provision of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions hereof. If any provision of this Agreement is held invalid or unenforceable because the fulfillment of such provision would involve exceeding the limit of validity prescribed by law, then upon the occurrence of such circumstances, the obligation to be fulfilled shall be reduced to the limit of validity prescribed by law. If the provision of this Agreement which is found to be invalid or unenforceable cannot be modified so as to be enforceable under existing laws, this Agreement shall be construed and enforced as if such provision had not been included herein. 18 S:Ajorbison\TC(A\Citvot'owassoCocnurunityC4•REIb]SURSEIv(ENT AGR.doc IN WITNESS WHEREOF, the parties hereto have executed and delivered this Agreement as of the day and year first above written. "Contracting Party" By — Name Title By — Name Title 02,471IM's M M Mil �I -11 IXUMRi (Uffi � 1 19 S:\joi-bisoti\TCIA\Cityof0wassoCoiiiinuiiityCti-REINIBURSEM ENT AGR.doc "A" EXHIBIT "B" COUNTYTULSA RIAL AUTHORITY $242,150,000 SERIES 11 TO: Tulsa County Industrial Authority c/o Program Manager FROM: City of Owasso, Oklahoma Contracting Party) Pursuant to the Capital Improvements Agreement dated 2004 (the "Agreement"), by and among the Tulsa County Industrial Authority (the 66Authority"), the Board of County Commissioners of Tulsa County, Oklahoma, and the City of Owasso, Oklahoma (the 66Contracting Party"), the Contracting Party hereby requests that amounts set forth in the attached Application and Certificate for Payment be disbursed to the parties set forth therein for the account of the Contracting Party from the Subaccount #8 16421291 of the Series 2003 Construction Fund created under the provisions of the Master Bond Indenture dated December 1, 2003, as supplemented by a First Supplemental Bond Indenture dated December 1, 2003, by and between the Authority and Bark of Oklahoma, National .Association for the payment of Costs of Construction (as defined in such Master Bond Indenture), The Contracting Party does het by certify to the Authority that, as of the date hereof, (i) the reprebwItations and warranties of the Contracting Party in the Agreement are hereby ratified and confirmed and (ii) the items described in the attached Application and Certificate for Payment are Costs of Construction. The undersigned [Architect] [Engineer] [Project Manager] hereby certifies to the Authority that (i) all construction of the Improvements (as defined in the Agreement" has been done in accordance with the Plans (as defined in the Agreement); and (ii) the Improvements can be completed in accordance with the .Approved Budget (as defined in the Agreement), Date: � CITY OF OWASSO, f3KLAHOMA By: Authorized Officer of the Contracting Party By: Authorized Officer of the [Architect] [Engineer] [Project Manager] COUNTYTULSA INDUSTRIAL AUTHORITY i i i i r; ,�. SERIES 2003 TO: 'Tulsa County Industrial Authority FROM: r Contracting Pursuant to the Capital Improvements Agreement dated 2004 (the "Agreement"), by and among the 'Tulsa County Industrial Authority (the "Authority"), the Board of County Commissioners of Tulsa County, Oklahoma, and the City of Owasso, Oklahoma (the "Contracting Party"), the Contracting Party hereby requests a Non -Construction Advance in the amount of $ on , 20_, for the following purpose; for the account of the Contracting Party fi,,m the Subaccount # 816421291 of the Series 2003 Construction Fund created under the provisions of tllo Master Bond Indenture dated December 1, 2003, as supplemented by a First Supplemental Bond Indenture dated December 1, 2003, by and between the Authority and Bank of Oklahoma, National Association, as Trustee, for the payment of Costs of Construction (as defined in such Master Fond Indenture), The Contracting Party does hereby certify to the Authority that, as of the date. hereof, (i) the representations and warranties of the Contracting Panty in the Agreement are hereby ratified and confirmed, and (ii) the requested disbursement herein is for the payment of Costs of Construction, Date: CITY OF O ASS , OKLAHOMA By: Authorized Officer of the Contracting Party EXHIBTT "E" TULSA COUNTY INDUSTRIALAUTHORITY 24 i F11 11 CAPITAL IMPROVEMENTS REVENUE BONDS SERIES 2003 PAYMENT REQUISITION TULSA COUNTY INDUSTRIAL AUTHORITY CONSTRUCTION FUND SERIES 2003 : Bank of Oklahoma, National Association Pursuant to the provision of the Master Bond Indenture dated December 1, 2003, as supplemented by a First Supplemental Bond Indenture dated December 1, 2003, by and between Tulsa County Industrial Authority and Bank of Oklahoma, National Association, Tulsa, Oklahoma, as Trustee, you are directed to pay Creditor from the Series 2003 Construction Fund Subaccount #S 16421291 of the Series 2003 Construction Fund of said Authority as indicated below, the amounts shown for the purposes set forth in this written request of the Authority. This request is to paid from the following categories designated in the Resolution relating to the Tulsa County Sales Tax proposition: Educational, Health Care and Event Facilities Community Emic'muent Creditor TRUST NO. ITEM ITEM NO. DATE PURPOSE AMOUNT E®1 AUTHORIZATION AND CERTIFICATE OF CONTRACTING PARA With reference to the above requisition, the undersigned as the Authorized Officer of the City of Owasso, Oklahoma (the "Contracting Party") in connection with the Series 2003 Project denominated the Owasso Community Center (the "Project") with the subaccount number of 816421291 of the Series 2003 Construction Fund (the "Subaccount") hereby certifies: (a; The above requisition is approved. (b) Each obligation therein has been properly incurred and is now due and unpaid and that insofar as such obligation was incurred for work, materials, equipment or supplies, such work was actually performed, and such materials, equipment or supplies were actually installed or delivered to or for the Project. (c) That obligations in the stated amounts have been incurred by the Contracting Party and that each item is a proper charge against the Subaccount of the Tulsa County Industrial Authority Series 2003 Construction Fund and has not been paid, A That there has not been filed with or served upon the Contracting Party notice of any lien, right to lien, or attachment upon, or claim affecting the right to receive payment of, any of the monies payable to any of the persons, firms, or corporations named in such requisition, which has not been released or will not be released simultaneously with the payment of such obligation. (e) That such requisition contains no item representing payment on account of any retained percentages which Tulsa County Industrial Authority is at the date of such certificate entitled to retain. M The Capital Improvements .'lgrr&ment by and between the Contracting Party, the Board of County Commissioners and the Tulsa County Industrial Authority relating io the Project (the "Agreement") is in full force and effect; no event of default has occurred or is continuing under the terms of the Agreement; all conditions precedent to payment of the requisition set forth in the Agreement have been met; and payment of the requisition is proper pursuant to the terms of such Agreement, Date:----- THE CITY OF OWASSO, OKL,AHO A By: Authorized Officer of the Contracting Party us With reference to the above requisition, the undersigned certifies: I . The above requisition is approved. 2. Based upon the Authorization and Certificate of the Contracting Party attached hereto, and the Authorization and Certificate of the Program Manager attached hereto, each obligation therein has been properly incurred and is now due and unpaid and that insofii- as such obligation was incurred for work, materials, equipment or supplies, such work was actually performed, and such materials, equipment or supplies were actually installed or delivered to or for the Project. 3. That obligations in the stated amounts have been incurred by the Contracting Party as set forth in the Authorization and Certificate of the Contracting Party attached hereto and that each item is a proper charge against the Tulsa County Industrial Authority Series 2003 Construction Fund and has not been paid. 4. That such requisition contains no item representing payment on account of any retained percentages which Tulsa County Industrial Authority is at the date of such certificate entitled to retain. Date: TULSA COUNTY INDUSTRIAL AUTHORITY Chairman or Authorized Officer (as specified in the Master Indenture) ME With a reference to the above requisition in connection with the Series 2003 Project denominated the Owasso Community Center (the "Project') with the subaccount number of 816421291 of the Series 2003 Construction Fund (the "Subaccount"), I, the designated Program Manager in respect to the Series 2003 Projects hereby find, certify and state with respect to this written request of the Authority pursuant to the Bond Indenture, as follows: (a) The person, firm, corporation, partnestiaiip, or otherwise, to which payment is due has been properly entered in this form and to my knowledge constitutes an accurate identification of the creditor; and (b) the payment is a bona fide Cost of Construction as such terbil is defined in the Fond Indenture; and amount• be paid is correct s • accurate in accordance with the invoice Fund, (e) that, to the best of my knowledge, after investigation and due inquiry, insofar as any such obligation was incurred for work, materials, equipment or supplies, such work was actually performed, or such materials, equipment or supplies were actually installed in furtherance of the construction of the Project or delivered at the site of the Project for that purpose, or delivered for storage or fabrication at a place or places approved by the Contracting Party and same is under control of the Contracting Party, or is a progress payment due on equipment being fabricated to order, (f) that certain Capital Improvements Agreement by and between the Contracting Party, the Board of County Commissioners and the Tulsa County Industrial Authority relating to the Project (the "Agreement") is in fall force and effect; that to the best of out knowledge alter due inquiry and investigation, no event of default has occurred or is continuing under the terms of the Agreement; all conditions precedent to payment of the requisition set forth in the Agreement have been met; and payment of the requisition is proper pursuant to the terms of such Agreement, 101 By Authorized Representative E-4 With reference to the above requisition, the undersigned as the designated construction architect, engineer or project manager for the City of Owasso, Oklahoma (the "Contracting Party") in connection with the Series 2003 Project denominated the Owasso Community Center (the "Project") with the subaccount number of 816421291 of the Series 2003 Construction Fund (the "Subaccount") hereby finds, certifies and states with respect to the attached requisition, as follows: (a) the person, firm, corporation, partnership, or otherwise, to which payment is due has been properly entered in this form and to my knowledge constitutes an accurate identification of the creditor; and (b) the payment is a bona fide Cost of Construction of the Project as such term is defined in the Bond Indenture; and (c) the amount to be paid is correct and accurate in accordance with the invoice and/or statement submitted by the creditor; and (d) the obligation in the stated amount has been incurred by the Contracting Party and that each item thereof is a proper charge against the Subaccount, and that payment has not theretofore been made from the Subaccount; and (e) that, to the best of my knowledge, after investigation and due inquiry, insofar as any such obligation was incurred for work, materials, equipment or supplies, such work was actually performed, or such materials, equipment or supplies were actually installed in furtherance of the construction of the Project or delivered at the site `of the Project for that purpose, or delivered for storage or fabrication at a place'or places approved by the Contracting Party and same is under control of the Contracting Party, or is a progress payment due on equipment being fabricated to order. By for (the Contracting Party in connection with the Project to be funded from subaccount # of the Series 2003 Construction Fund. M M RESIDENTIAL BUILDING PERMITS (NEW CONSTRUCTION COUNTS) Month 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 January 7 8 6 6 9 12 16 45 29 21 20 23 64 54 30 February 4 10: .: 35 2 1 26: 44: March 14 5 12 12 15 28 30 34 34 51 24 48 51 38: .Apr.H 9 3 T2:...:: :17:,::: 18: May. 10 9 8 13 8 24 27 26 39 42 26 38 29 u.n. e.: 3 1,.8 '23,::::..: .1:5 :::37 25 4.5. :.4 0: ...... : July 4 9 10 10 13 13 28 28 29 27 33 37 44 32 ..:: 'Aug ..... 20.* :::'26:.:::: . ... ... 30 22 M:::::: 38 . ..... :31 .. :3 September 10 14 14 12 12 20 21 24 31 29 29 29 30 52 r :0cfdb' , : : 8 2 1 * if 48 November 1 8 19 13 15 20 13 14 26 14 18 2 1 4 26 35 Totals 90 99 142 133 162 208 293 333 401 362 377 406 524 479 80 Year to Date 11 15 16 17 19 20 34 80 62 42 46 67 134 95 80 F ebrua ry Year to Date D o I I a ]rs $14,000,000 0 ,Z $10,500,000 - ---- ------- ------- ------ ----------------------------------- -------------------------- ----- -- - -------- ---- --- --- - -------- $7000,000 - ------- --- ---------------------- ------------------ ----------- zz, - ---- - ---- ---------- ------------- - --- ----------- - ----- - 0 $3,500,000 - -- ----- ----------------- ----- ------ ------ ------ ------ ----------------- - --- - ----------- ---- z $o 1990 1992 1994 1996 1998 2000 2002 2004 New�Consiructiori Dollars Year .E $52,500,000 $39,375,000 1 -------------------- ---------- ------- ----- ---- $26,250,000 .......... ....... Lo -6 r- 0 $13,125,000 ----------- ....... ....... a) z $0 1990 1992 1994 1996 1998 2000 2002 2004 COMMERCIAL wilding Permits (New Construction Counts) Month 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 January 2 2 0 0 1 1 0 0 5 2 3 0 0 0 1 February 0 0 0 1' 0 1: 2 0 :7 6 12 2 March 0 0 2 1 0 0 5 2 1 1 1 0 3 1 April 1 1.. 1 :. 1; 0 0 $ 5 . 36 Q 1: $ 1 1: May 1 1 1 2 2 3 0 1 4 0 2 2 4 1 June 2 0: .. 0 2' :. S ..:0 3 is O ii 1': 3 3 0 5 Q :.1 2:' July 1 0 1. 0 5.. 1 1.: 1. 2 7 0 ®;: August 1 ;: 2 0 4: 5 0 4 2 3 September 1 0 1 1 0 0 2 2 2 0 2 0 2 2 October 2 0 Z 14 8 : p; November 2 0 1 0 2 1 2 1 0 5 6 5 1 1 tecember TOTALS 13 8 8 12 13 19 20 26 66 26 52 27 23 12 6 Year to Date 2 2 0 1 1 2 2 0 12 8 15 2 1 1 6 Includes Churches, Schools, and Government Facilities February 16 12 E 8 ® 4 0 L--70 1992 1994 1996 1998 2000 2002 2004 February Year to Date Dollars ® $10,000,000 $7,500,000 $5,000,000 13 $2,500,000 z 1990 1992 1994 1996 1998 2000 2002 2004 New Construction Dollars Totals for Each Year $38,000,000 $28,500,000 j T $19,000,000 ® a $9,500,000 � $0 I 1990 1992 1994 1996 1998 2000 2002 2004 r r z ADDRESS BUILDER ADD/ZONE VALUE A<S.F, PERMIT # BATE 13800 E 106 St No Barton Construction UMCh/RM-2 2,350,000 35000 04-0201-C 2/3/04 8703 N 140 E Ct 7732&38 Ow Exp Schraad (homeowner) Mitchell Construction BSC/RS-3 FCBP/CS 1,000 270,000 96 5920 04-0202-X 04-0203-C 2/3/04 2/3/04 11513 E 102 St No Simmons Homes SGP/RS-3 103,824 2472 04-0204-X 2/4/04 9610 E 116 St No S & S Steel Contractor HSE/CG 1,000,000 30050 04- 2205-C 2/4/04 15330 E 89 Ct No Simmons Homes PL/RS-3 109,200 2600 04-0206-X 2/4/04 15319 E 90 St No Simmons Homes PL/RS-3 923106 2193 04-0207-X 2/4/04 11413 N 131 E Ave 11408 N 132 E Ave 11410 N 132 E Ave Prestige Homes Prestige Homes Prestige Homes GC/RS-3 GC/RS-3 GC/RS-3 81,900 91,560 81,900 1950 2180 1950 04-0208-X 04-0209-X 04-0210-X 2/5/04 2/5/04 2/5/04 11406 N 132 E Ave Prestige Homes GC/RS-3 75,600 1800 04-0211-X 2/5/04 11502 N 132 E Ave Prestige Homes GC/RS-3 106,0 8 -2524 04-0212-X 2/5/04 12026 N 107 E Ave 12102 N 107 E Ave 12008 N 107 E Ave 12032 N 107 E Ave 12044 N 107 E Ave Willcox Construction Willcox Construction Willcox Construction Willcox Construction Willcox Construction CE/RS-3 CE/RS-3 CE/RS-3 CE/RS-3 CE/RS-3 86,268 86,268 90,552 90,552 90,552 2054 2054 2156 2156 2 556 04-0213-X 04-0214-X 04-0215-X 04-0216-X 04-0217-X 2/5/04 2/5/04 2/5/04 2/6/04 2/6/04 11733 N 115 E Ave 11708 N 118 E Ave Willcox Construction Willcox Construction BFC/RS-3 BFC/RS-3 96,852 98,742 23 66 2351 04-0218-X 04-0219-X 2/6/04 2/6/04 11520 E 119 St No Willcox Construction BFC/RS-3 96,852 2306 04-0220-X 2/6/04 10203 N 118 E Ave PMC Homes SGP/RS-3 113,442 2701 04-0221-X 2/9/04 10300E 9$ St No RC Construction HC/RS-3 72,030 1715 04-0222-X 2/9/04 10309 E 97 Ct No 9603 N 95 E Ave RC Construction Capital Homes HC/RS-3 NB/RS-3 72,030 769692 1715 1826 04-0223-X 04-0224-X 2/9/04 2/9/04 13830 E 91 St No E Magine Homes E/RS-2 132,804 3162 04®0225-X 2/9/04 8902 N 140 E Ave E Magine Homes SC/RS-3 126,336 3008 04-0226-X 2/9/04 11505 E 105 St No PMC Homes GP/RS-3 [RP/RS_ 134,400 3200 04-0227-X 2/10/04 12002 E 115 St No 11510 E 118 St No 11743 E 119 St No 9608 N 95 E Ave 10301 N 114 E Ave Renaissance Homes3 Willcox Construction Willcox Construction Capital Homes Premier Homes .�•o, BFC/RS-3 BFC/RS-3 NB/RS-3 SGP/RS-3 �- 75,306 98,616 96,852 70,476 100,632 1793 2348 2306 1 1678 2396 04-0228-X 04-0229-X 04-0230-X 04--0231-X 04-0232-X 2/10/04 2/10/04 2/10/04 2/11/04m 2/12/04 10303 N 114 E Ave Premier Homes SGP/RS-3 100,632 2396 04-0233-X 2/12/04 9105 N 135 E Ave Hunter Pools NE/RS-2 25,000 546 04-0234-P 2/121/04 10623 E 113 St No Jamco Construction HA/RS-3 82,530 1965 04-0235-X 2/13/04 11533 E 117 St No Strategic Builders BFC/RS-3 92,442 2201 04-0236-X 2/16i204 9802 N 102 E Ave Strategic Builders HC/RS-3 102,942 2451 04-0237-X 2/16/04 9806 N 100 E Ave Strategic Builders HC/RS-3 103,950 2475 04-0238-X 2/1604 12103 N 107 E Ct Strategic Builders CE/RS-3 92,442 2201 04-0239-X 2/16,04 9803 N 100 E Ave Denny Homes HC/RS-3 95.088 2264 04-0240-X 2/17/04 9728 E 97 P1 No Denny Homes FIC/RS-3 99,960 2380 04-0241-X 2/17/04 10000 E 99 St No Denny Homes HC/RS-3 108,150 2575 04-0242-X 2/17/04 9607 N 95 E Ave Capital Homes NB/RS-3 73,500 1750 04-0243-X 2/18/04 9627 N 96 E Ave Capital Homes NB/RS-3 77,070 1835 04-0244-X 2/18/04 8703 Owasso Exp Fleming Building Walmart/CS 248,000 8400 04-0245-C 2/18/04 10402 E 95 Cir No Simmons Homes FW/RS-3 148,050 3525 04-0246-X 2/19/04 9928 E 92 St No Simmons Homes FW/RS-3 120,540 2870 04-0247-X 2/20/04 9800 N 103 E Ct Westerfield Corporation HC/RS-3 108,864 2592 CG111-0248-X 2/20/04 11801 E 119 St No 11726 E 118 St No Lambert Construction Lambert Construction BFC/RS-3 BFC/RS-3 94,710 84,126 2255 2003 04-0249-X 04-0250-X 2/20/04 2/20/04 301 E 5 Ave Crossland Construction NSP/IL 1,350,000 14687 04-0251-C 2/20/04 10314 N 138 E Ave 9623 N 96 E Ave C.P.S., L.L.C. Capital Homes MOM NB/RS-3 360,000 70,476 8917 1678 04-0252-C 04-0253-X 2/20/04 2/25/04 11712 N 118 E Ave Willcox Construction BFC/RS-3 96,894 2307 04-0254-X 2/25/04 11707 N 117 E Ave Willcox Construction BFC/RS-3 96,894 2307 04-0255-X 2/25/04 11732 N 115 E Ave Willcox Construction BFC/RS-3 96,894 2307 04-0256-X 2/25/04 11815 N 117 E Ave Willcox Construction BFC/RS-3 96,894 2307 04-0257-X 2/27/04 11507 E 118 St No Willcox Construction BFC/RS-3 96,894 2307 04-0258-X 2/27/04 8307 N 125 E Ave Home Renovations EC/RS-3 12,800 200 04-0259-X 2/27/04 50 Single Family 4,788,294.00 114,007 Sq Ft Residential-AdditionResidential-Addition 13,800.00 i Sq Ft Commercial -New 4,228,000.00 .� Commercial -Addition i .1 1 IG 14,687 Sq Ft 1 Pool 25,OOO.00 546 Sq Ft 59 Building Permits $10,405,094.00 217,823 Sq Ft Mechanical Permits Issued 50 4,050.00 Electrical Permits Issued 53 4,190.00 Plumbing Permits Issued 55 4,150.00 Recreation Development 48 7,425.00 Sign Permits Issued 0 0.00 Reinspection Fees 0 0.00 Sewer Taps 49 19,600.00 Water Taps 22 11,000.00 Water Meter Deposits 22 11-100-00 TOTAL PERMITS 404 $69,432.30 Building 148 Mechanical 109 Electrical 141 Plumbing 162 Reinspection 27 Other 0 TOTAL INSPECTIONS 585 CITY OF OWASSO RESIDENTIAL LOT INVENTORY STATUS February 29, 2004 SUBDIVISION # OF LOTS # DEVELOPED # AVAILABLE Bailey Ranch Est (2/95) 118 116 2 Bailey Ranch Est II (6/99) 133 132 1 Barrington Point III (8/96) 32 30 2 Bradfords at Silver Creek (2/98) 83 67 16 Brentwood Village (6/99) 64 60 4 Broadmore Heights (10/92) 32 28 4 Brookfield Crossing (11/02) 134 83 51 Camden Park II (11/00) 42 39 3 Central Park II (7/97) 96 92 4 Coffee Greek (04/01) 101 55 46 Country Estates II (6/97) 193 191 2 Country Estates III (3/99) 61 58 3 Country Estates IV (4/00) 158 158 0 Country Estates V (01/02) 187 156 31 Country Estates VI (11/03) 37 3 34 Double Oaks II (8/92) 22 21 1 Double Oaks III (8/93) 63 62 1 Fairways at Bailey Ranch (8/95) 80 79 1 Fairways II (1/97) 84 79 5 Fairways III Extended (6/99) 104 29 75 Fairways IV (5/98) 69 66 3 Fairways IV Extended (6/99) 22 16 6 Fairways V (8/99) 71 28 43 Fairways VI (12/00) 42 23 19 Garrett Creek (9/2003) 84 23 61 Money Creek (4/02) 202 153 49 Metro Heights (11/01) 52 44 8 Metro Heights II (6/02) 42 18 24 New Brunswick (07/03) 42 39 3 Nottingham Estates II (3/97) 15 12 3 Nottingham Estates III (9/99) 23 14 9 Nottingham Estates IV (8/01) 20 7 13 Nottingham Estates V (3/01) 44 25 19 Preston Lakes (12/00) 272 234 38 Preston Lakes 11 (12/01) 120 86 34 Freston Lakes Amended (12/01) 30 30 0 Remington Bark (12/03) 57 8 49 Sawgrass Park (01/02) 178 123 55 The Summit at Southern Links (6/97) 31 26 5 The Village at Silver Creek (09/02) 62 12 50 Watercolors (12/02) 40 11 29 The Willows at Silver Creek (1/00) 84 77 7 TOTALS 3426 2613 813 The Willows at Silver Creek (1/( Watercolors (12/( The Village at Silver Creek (09/( The Summit at Southern Links (6/f Sawgrass Park (01/C Remington Park (12/C Preston Lakes Amended (12/0 Preston Lakes II (1210 Preston Lakes (1210 Nottingham Estates V (3/0 Nottingham Estates IV (8/0 Nottingham Estates III (9/9! Nottingham Estates II (3/9 New Brunswick (07/0; Metro Heights II (6/0; Metro Heights (11/0, Honey Creek (4/0, Garrett Creek (9/200' Fairways VI (12/OC Fairways V (8/99 Fairways IV Extended (6/99 Fairways IV (5/98 Fairways III Extended (6/99 Fairways II (1/97 Fairways at Bailey Ranch (8/95 Double Oaks Ill (8/93; Double Oaks II (8/92' Country Estates VI (11/03: Country Estates V (01/02) Country Estates IV (4/00) Country Estates III (3/99) Country Estates II (6/97) Coffee Creek (04/01) Central Park II (7/97) Camden Park II (11/00) Brookfield Crossing (11/02) Broadmore Heights (10/92) Brentwood Village (6/99) Bradfords at Silver Creek (2198) Barrington Point III (8/96) Bailey Ranch Est II (6/99) Bailey Ranch Est (2/95) 0 50 100 15_0____ _ 200 _ 250 300 0Total Lots _ Lots Developed NAIVE ADDRESS STATUS APPLICATION DATE OPENING DATE COMPLETE NOVEMER 2003 The Tint Shop 7808 Owasso Exp New 11/11/03 11/15/03 Yes Owasso Game Day Sportwear 12652 E 86 PI No New 11/12/03 11/19/03 Yes Advance America Cash Center 12332 E 86 St No New 11/13/03 11/20/03 Yes Car Spa of Owasso 7800 Owasso Exp, #A New 11/13/03 11/13/03 Yes Carbelo's Low Carb Foods 102 South Main New 11/18/03 11/24/03 Yes DECEMER 2003 Ram Auction 202 E 5th Ave New 12/4/03 1/2/04 Yes Olde Town Interiors, Inc. 104 S Main New 12/8/03 12/1/03 Yes Chickasaw Child Support Enf. 9200 No Garnett New 12/29/03 12/29/03 Yes JANUA Y 2004 Eggbert's Restaurant 14002 E 116 St No New 1/5/04 1/18/04 Yes Seams Good, Inc. 9100 N Garnett Rd, Suite G New 1/5/04 1/24/04 Yes Kool Rides Customs 110 South Main New 1/15/04 2/2/04 Yes The Home Depot 9450 No 129 Eave New 1/6/04 1/7/04 Yes Pharmacy Providers, Inc 104 E 2nd Ave, Suite B New 1/23/04 2/1/04 No Wild Hairs Smoke Lodge 300 West 2nd Ave New 2/2/04 3/1/04 No Kwik Nick's Store 9600 No Garnett New Owner 1/26/04 1/26/04 Yes FE RUA Y Paradise Video 11215 No Garnett Rd, #A New 2/6/04 2/8/04 No Beacon Title Co 12811 E 86 PI No, #103 New 2/10/04 2/16/04 No Oklahoma National Bank 12502 E 96 St No New 2/11/04 2/17/04 Yes Greg Alderson Automotive 308 E 5th Ave, #E New 2/13/04 2/27/04 No Commercial Power 208 E 5th, Suite I New 2/24/04 3/1/04 No Countrywide Home Loans 12811 E 86 PI No, #101 New 2/25/04 3/22/04 No