HomeMy WebLinkAbout2003.06.10_Worksession Agenda
3. Discussion ofFY 2003-2004 Budget.
Mr. Ray
Ms. Bishop
2. Discussion of Budget Amendments.
Ms. Bishop
1. Call to Order
Mayor Cochran
AGENDA
on
Clerk
the of the
on w 4,2003.
at 3 :00
Special
June 10, 2003
6:00
Owasso City Hall
Main Conference
TYPE OF MEETING:
DATE:
TIME:
PUBLIC NOTICE OF THE MEETING OF THE
OW ASSO CITY COUNCIL
7. Adjournment.
6. Report from City Manager
Mr. Ray
Attachment #2
A. Clerk/Treasurer Designation
B. Polycart Bid
C. Home Depot/OPW A Agreement
D. Financial Reports
5. Discussion Relating to a Draft Report on McMartin Drainage Concerns.
Ms. Stagg
4. Discussion Relating to Planning Items.
Zoning Requests (2)
Easement Closure
Final Plats (2)
Other Items
Mr. Cuthbertson
Mr. Wiles
Attachment # 1
Owasso City Council
June 10, 2003
Page 2
The subject property is located on an arterial (Mingo Road) and will be served by municipal
water, wastewater, police, fire, and EMS service.
The tract is approximately 20.05 acres in size. The existing land use is agricultural for the
subject property, as is land to the north and east. Single-family residences occupy properties to
the south and east.
BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER (SW/4, NW/4) SAID POINT ALSO
BEING THE SOUTHWEST CORNER OF GOVERNMENT LOT 5, THENCE N 00006'48" W AND ALONG THE WEST
LINE OF SAID NORTHWEST QUARTER (NW/4) FOR A DISTANCE OF 663.85 FEET, THENCE S 89042'20" E FOR A
DISTANCE OF 1335.00 FEET, THENCE S 00006'48" E AND PARALLEL TO THE WEST LINE OF SAID NORTHWEST
QUARTER (NW/4) FOR A DISTANCE OF 644.82 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST
QUARTER (NW/4), THENCE S 89028"54" W AND ALONG SAID SOUTH LINE FOR A DISTANCE OF 1335.00 FEET TO
THE POINT OF BEGINNING.
A TRACT OF LAND LYING IN THE SOUTH-HALF OF THE NORTHWEST QUARTER (S/2, NW/4) OF SECTION SIX
(6), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN,
TULSA COUNTY, STATE OF OKLAHOMA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-
WIT:
The legal description of the property is as follows:
PROPERTY CHARACTERISTICS:
Mr. Pat Schumacher has submitted an application to the Planning Commission for a rezoning of
property located on the east side of Mingo Road about l/2 mile north of 116tl1 Street North. The
property is proposed for RS.J Residential single-family zoning classification. A general area
map is attached for review.
BACKGROUND:
June 3, 2003
DATE:
ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
FROM:
PLANNING COMMISSION
CITY OF OW ASSO
TO:
MEMORANDUM
1. Case Map
2. Legal Description
3. Application
ATTACHMENTS:
The staff recommends approval of OZ-03-08.
RECOMMENDATION:
The staff has received one phone call in opposition of the request. Letters were mailed to
surrounding property owners on May 19, 2003 and the legal advertisement was published in
the Owasso Reporter on May 15,2003.
The acreage was annexed into the Owasso City Limits in April 2003. the zoning request is
approved, the land will still have to be platted in accordance with municipal regulations in
order for development to occur. Of course, all resulting lots will have to meet the City's bulk
and area requirements, stormwater detention will be required, and acceleration/deceleration
lanes will be provided.
The Owasso 2010 Master Plan identifies the subject property as having a future land use of
residential. Land to the south and west adjacent to the subject property has already developed
for residential use. Accordingly, the staff finds the proposal to be consistent with the Owasso
2010 Master Plan.
If the application is approved, the subject property would be zoned RS-3 Residential Single-
Family District. Then, the property would be available for residential development.
ANALYSIS:
The subject property is located on an arterial (106111 Street North) and will be served by municipal
wastewater, police, fire, and EMS service.
The tract is approximately 106.54 acres in size. The existing land use is agricultural for the
subject property, as is land to the south and east. Single-family residences occupy properties to
the north and west.
BEGINNING AT THE NW CORNER OF NE/4 OF NW/4 OF NE/4 OF SECTION 13; THENCE N 88034'57" E ALONG THE
N LINE OF SECTION 13 FOR 292.05'; THENCE S 0015'19" E FOR 658.63' TO A POINT ON THE S LINE OF THE NE/4
OF NW/4 OF NE/4; THENCE N 88033'45" E FOR 381.01' TO THE NE CORNER OF THE SE/4 OF NW/4 OF NE/4;
THENCE S 1006'11" E FOR 658.37' TO THE SE CORNER OF NW/4 OF NE/4; THENCE N 88032'34" E FOR 661.57' TO
THE SE CORNER OF THE SW/4 OF NE/4 OF NE/4; THENCE N 1001 '37" W FOR 673.6'; THENCE N 88034'57" E FOR
616.62' TO A POINT ON THE WESTERLY RIGHT OF WAY OF THE A.T.&S.F. RAILFOAD; THENCE S 14016'12" W
ALONG SAID RAILROAD RIGHT OF WAY FOR 3434.73'; THENCE S 88027'33" W FOR 1026.61'; THENCE N 1010'53"
W FOR 1317.32' TO THE NW CORNER OF THE NE/4 OF NW/4 OF SE/4; THENCE N 1010'44" W FOR 2634.39' TO THE
POINT OF BEGINNING. SAID TRACT CONTAINS 106.54 ACRES MORE OR LESS.
A PART OF THE E/2 OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 13 EAST OF THE I.B.&M., MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
The legal description of the property is as follows:
PROPERTY CHARACTERISTICS:
Mr. Noble Sokolosky has submitted an application to the Planning Commission for a rezoning of
property located on the south side of 106111 Street North east of Mingo Road. The property is
proposed for RS-3 Residential single-family zoning classification. A general area map is attached
for review.
BACKGROUND:
June 3, 2003
DATE:
ERIC WILES
COMMUNITY
FROIVI:
PLANNING COMMISSION
CITY OF OW ASSO
TO:
MEMORANDUM
1. Case Map
2. Site Drawing
3. Public Notice
4. Application
ATTACHMENTS:
The staff recommends approval of OZ-03-09.
RECOMMENDATION:
The staff has received no opposition to the request. Letters were mailed to surrounding
property owners on May 19, 2003 and the legal advertisement was published in the Owasso
Reporter on May 15, 2003.
The acreage was annexed into the Owasso City Limits in October 2003. If the zoning request
is approved, the land will still have to be platted in accordance with municipal regulations in
order for development to occur. Of course, all resulting lots will have to meet the City's bulk
and area requirements, stormwater detention will be required, and acceleration/deceleration
lanes will be provided.
The Owasso 2010 Master Plan identifies the subject property as having a future land use of
residential. Land to the north and west adjacent to the subject property has already developed
for residential use. Accordingly, the staff finds the proposal to be consistent with the Owasso
2010 Master Plan.
If the application is approved, the subject property would be zoned RS-3 Residential Single-
Family District. Then, the property would be available for residential development.
ANALYSIS:
The Technical Advisory .Committee considered the item at their regular meeting on May 28111.
The T A C' s findings were that an electric service line runs underground beneath the site
proposed to be covered by the building. Also, a Cox Communications line lies in the 7.5'
The applicant desires to place a detached garage in the rear yard of the property. The
proposed building would total 1,445 square feet and would contain a garage, game room, safe
room, bar, bedroom, bathroom, exercise room, and office in two stories. The building as it is
currently planned would encroach 7.5' into the western easement, thus the basis for the
easement closure request.
ANALYSIS:
The subject property is located on a cul-du-sac (95111 Street North) and is served by municipal
water, wastewater, police, fire, and EMS service.
The tract is zoned for RS-3 Single-Family Residential use and is approximately 18,000 in size.
The existing land use is residential for the subject property, as is land to the north, south and
east. A vacant lot occupies land to the west.
The legal description of the property is Lot 3, Block 4, Windsor Lake Addition.
PROPERTY CHARACTERISTICS:
The City of Owasso has received a request from Mr. Gregg Carter for the closing of the eastern
7.5' of the western 17.5' utility easement for Lot 3, Block 4, Windsor Lake Addition. The
subject property is located on the south side of 96111 Street North approximately 118 mile east of
129111 East A venue. A site plan and a general area map are included with your packet.
BACKGROUND:
June 3, 2003
DATE:
REQUEST FOR
COURT NORTH
ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
PLANNING COMMISSION
CITY OF OWASSO
TO:
MEMORANDUM
1. Case Map
2. Easement Closure request letter
3. Windsor Lake plat
4. Plot Plan
5. Elevation Plan
6. Floor Plan
ATTACHMENTS:
1. The electric service line be relocated so that it will not run underneath the building
The cable line be relocated so that it does not lie in the 7.5' proposed to be vacated
3. A variance be obtained to allow an accessory building larger than 750 square feet on the
property
4. The bar be removed from the building plans
5. The bedroom be removed from the building plans
staff recommends that request be tabled until the following tlve items are addressed:
RECOMMENDATION:
The staff finds that the proposed building exceeds the maximum size of 750 square feet
allowed by the zoning code for accessory buildings. Further, the bar constitutes a kitchen
according to the building code. The plans also include a bedroom. Neither bedrooms nor
kitchens are allowed to be included in accessory buildings in single-family zoning districts.
proposed to be vacated by the request.
Detention has been planned for and meets all the requirements of this site. Bulk and area
requirements have been met as have access provisions. Water will be provided by The City of
Owasso.
The applicant is requesting this review in order to construct 2 office buildings containing a
total of 6 office spaces. The subject property is zoned OM (Office Medium Intensity).
According to the City of Owasso Zoning Code, office condominiums are included within Use
Unit 11 (Offices and Studios) and are permitted by right.
ANALYSIS:
The property is approximately 2.94 acres in size. The existing land use is vacant for the subject
property. The property to the north is zoned RS (Residential Single Family) and is developed
with single family homes as part of the Kelley Ann addition. The property to the south is zoned
RS-3 and is the site of the Bailey Ranch PUD. The property to the east is zoned RS-3 and
contains the El Rio Vista housing development. The property to the west is zoned RS and
contains the Bailey Elementary School.
PROPERTY CHARACTERISTICS:
Tim and Chris Siegfried have submitted an application to the Planning Commission for review
of a Final Plat for the Owasso Professional Square located on the north side of 96111 St. N. 1/2
mile east of Mingo Road. The applicant wishes to create 1 lot on 1 block on 2.94 acres for the
purpose of constructing 2 buildings to contain 6 offices that will provide medical services. A
general area map is attached.
BACKGROUND:
June 2003
Square)
(Owasso
DUANE CUTHBERTSON
PLANNER
FROM:
PLANNING COMMISSION
CITY OF OW ASSO
TO:
MEMORANDUM
1. Case Map
2. Final Plat Drawing
ATTACHMENTS:
The staff recommends approval of the Owasso Professional Square Final Plat subject to the
appropriate actions taken to satisfy the T A C concerns.
1. Language needs to be inserted into the plat regarding detention, utilities and maintenance
of common areas.
The Technical Advisory Committee reviewed the Final Plat at the May 28111 regular meeting. At
that meeting, utility providers and city staff are afforded the opportunity to comment on the
application and request any changes or modifications. The Technical Advisory Committee
recommended approval of the Owasso Professional Square Final Plat with the following
conditions:
Regional detention has been provided off site and was previously reviewed and approved as
part of the Coffee Creek PUD. The applicant is considering providing detention on site in
order to save space in the PUD' s regional detention facility. If this occurs, the Community
Development Department will require Public Works approval of the on site detention prior to
. the issuance of a building permit. Bulk and area requirements have been met as have access.
Water will be provided by Washington County Rural Water District #3.
The applicant is requesting this review in order to construct 4 office condominiums on lots 2-5.
The subject property is zoned OM Office Medium District. According to the City of
Owasso Zoning Code, office condominiums are included within Use Unit 11 (Offices and
Studios) and are permitted by right.
ANALYSIS:
The property is approximately 4.24 acres in size. The existing land use is vacant for the subject
property. The property to the north is zoned CS (Shopping Center District) and is currently
vacant. The property to the south is zoned RS-3 and presently contains an elementary school and
daycare. The property to the east is zoned RS-3 and contains the newly built WaterColours
residential condominiums. U. S. Highway 169 runs along the western border of the property.
PROPERTY CHARACTERISTICS:
Owasso Land Trust has submitted an application to the Planning Commission for approval of a
final plat for Coffee Creek Office Condominiums located on the northeast corner of the N.
138111 E. Ave. and U.S. Highway 169 service road intersection. The applicant wishes to create
5 lots on 1 block on 4.24 acres for the purpose of constructing 4 office condominiums. A
general area map is attached.
BACKGROUND:
June 2003
DATE:
Condominiums)
DUANE CUTHBERTSON
CITY PLANNER
FROM:
PLANNING COMMISSION
CITY OF OW ASSO
TO:
MEMORANDUM
1. Case Map
2. Final Plat
ATTACHMENTS:
to
03-06 to appropriate
staff recommends
concerns.
RECOMMENDATION:
The Technical Advisory Committee reviewed the Final Plat at the May 28111 regular meeting. At
that meeting, utility providers and city staff are afforded the opportunity to comment on the
application and request any changes or modifications, The Technical Advisory Committee
recommended approval of the Coffee Creek Office Condominiums Final Plat with the following
conditions:
1. Covenants language needs to be standardized.
1. Ordinance No. 759
ATTACHMENT:
Staff will recommend Council approval of Ordinance No. 759.
RECOMMENDATION:
Ordinance No. 759 would combine the offices of City Clerk and City Treasurer as provided for by
Section 2-6 of the City Charter.
Ms. Boutwell has been recently named to coordinate special projects and now offices out of the
Owasso Museum. Rather than filling the position of City Clerk with another individual, I believe the
most efficient solution would be to appoint Ms. Bishop as City Clerk/Treasurer for signatory
purposes, while having the remaining functions of the City Clerk distributed among existing staff.
Section 2-102 of the Code of Ordinances of the City of Owasso allows the City Manager to appoint a
City Treasurer to an indefInite term. A copy of Section 2-102 of the Code of Ordinances of the City
of Owasso is also attached for your information and review.
Section 2-6 of the Charter of the City of Owasso states that the City Clerk shall be elected by the
Council for an indefinite term, provided, that the Council by ordinance may provide that the City
Treasurer shall be ex-officio City Cleric Section 2-6 of the Charter is attached for your information
and review.
June 4, 2003
DATE:
APPOINTMENT
RODNEY J RAY
MANAGER
FROM:
THE HONORABLE MAYOR AND COUNCIL
CITY OF OW ASSO
TO:
MEMORANDUM
(J/')/?om
hth'l'lluTnTUl "ihlnfnUl""",n rnmlritv rh~rtpr htrn
The city clerk shall be elected by the council for an indefinite term; provided, that the council by
ordinance may provide that the city treasurer shall be ex officio city clerk. He shall serve as
clerical officer of the council. He shall keep the journal Of its proceedings, and shall enroll in a
book or books kept for the purpose all ordinances and resolutions passed by it; shall be
custodian of such documents, records, and archives as may be provided by applicable law or
ordinance; shall be custodian of the seal of the city, and shall attest, and affix the seal to,
documents when required in accordance with applicable law or ordinance; and shall have such
other powers and duties consistent with this Charter as may be prescribed by ordinance or
applicable law.
Section 2-6 City Clerk to be Clerical Officer of Council.
Neither the council, the mayor, nor any of its other members may direct or request the
appointment of any person to, or his removal from, office or employment by the City Manager
or by any other authority; or, except as provided in this Charter, participate in any manner in
the appointment or removal of officers and employees of the city. Except for the purpose of
inquiry, the council and its members shall deal with the administrative service solely through
the City Manager; and neither the council nor any member thereof may give orders on
administrative matters to any subordinate of the City Manager either publicly or privately.
Section 2-5 Council: Appointments and Removals.
(g) To create, change, and abolish all offices, departments, and agencies of the city
government other than the offices, departments, and agencies created by this Charter; and to
assign additional powers, duties and functions consistent with this Charter to offices,
departments, and agencies created by this Charter.
(f) To regulate elections, the initiative and referendum, and recall.
(e) To appoint or elect and remove the members of the personnel board, the members of the
planning commission, the members of the board of adjustment, and other quasi-legislative,
quasi-judicial, or advisory personnel and authorities, now or when and if established, or to
prescribe the method of appointing or electing removing them.
(d) inquire in the conduct of office, department, or the city government,
investigate municipal affairs; and for this purpose, to subpoena witnesses, take testimony,
require the production of evidence;
municipal islation;
(b) ordinance to
(a) To appoint and remove the City Manager;
Except as otherwise provided in this Charter, all powers of the city including the determination
of all matters of policy, shall be vested in the council. Without limitation of the foregoing, the
council shall have power, subject to the state constitution, law, and this Charter:
Page 4 of 18
City Charter
'"\ 4
A. There shall be a department of law, the head of which is the city attorney appointed by the
council for an indefinite term, and removable by the council. The city attorney is an officer of the city, and
has supervision and control of the department of law.
SECTIQN2-104
DEPARTMENT OF LAW: CREATED; CITY_ATIORNEY~
Charter Reference: Finance department, Sections 3-4, 4-1 of the charter.
The city treasurer or personnel under his supervision and control shall collect or receive revenue and
other money for the city. The city treasurer shall be responsible for its custody, safekeeping, deposit, and
disbursement. Further, the treasurer shall maintain a general accounting system for the city government. He
shall have such other powers, duties and functions as may be prescribed by the charter, by applicable law, or
by ordinance. (Prior Code, Sec. 1-5)
DJJTlliS QECITYTREASURE.R,
SECTION 2-J03
Chartex Reference: City treasurer creation and duties, Section 4-1 of the charter.
Tllere is a department of finance, the head of which is the city treasurer appointed by the city manager
for an indefinite term, and removable by the manager. The city treasurer is an officer of the city, and has
supervision and control of the department of finance. (prior Code, Sec. 1-4)
SECTION.2::102
FINANCE DEPARTMENT; CITYTREASUREK
B. The city clerk shall be responsible to see that absentee ballots are made available within the
time prescribed by law and shall keep a memorandum of procedure on file relating to the method of procuring
an absentee ballot and shall make the memorandum available to the general public upon request. (Ord. No.
311, 10/6/81)
A. Absentee ballots shall be furnished in all primary, general, special and recall elections in the
city. Absentee ballots shall be furnished pursuant to provisions of the state constitution and laws applicable
to city elections until otherwise changed by ordinance or charter amendment.
ABSENTEE_BALLOTING IN ELECTIONS.
SEC1ION2::1D1
Absentee balloting in elections.
Finance city treasurer.
Duties of treasurer.
of law: created, city
City-county health department; director.
Officers and employees; number and
Certain personnel to be bonded.
City official to serve on boards and commissions.
Compensation of elected officials.
Section 2-101
Section 2-102
Section 2-103
Section
Section 2-105
Section 2-106
Section 2-107
Section 2-108
Section 2-109
CHAPTER 1
Administration and Government
Stephen P. Gray, City Attorney
APPROVED AS TO FORM:
ATTEST:
Gary Cochran, Mayor
City of Owasso, Oldahoma
PASSED AND APPROVED this 17th day of June, 2003.
Section 3. That this Ordinance shall become effective thirty (30) days from
the date of first publication as provided by state law.
Section 2. That all ordinances or parts of ordinances in conflict herewith be,
and the same, are hereby expressly repealed.
Clerk and City Treasurer position be one and the same.
Section 1. That the
THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
THAT
WHEREAS, the Owasso City Council has considered the recommendation of the City
Manager and all statements for and against the recommended action.
WHEREAS, Section 2-6 of the Charter of the City of Owasso states that the City Clerk
shall be elected by the Council for an indefinite term; provided that the Council by ordinance
may provide that the City Treasurer shall be ex officio City Clerk, and,
AN ORDINANCE RELATING TO SECTION 2-6 OF THE CHARTER OF
THE CITY OF OWASSO, COMBINING THE OFFICE OF CITY CLERK
AND CITY TREASURER, REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN
EFFECTIVE DATE.
CITY OF OWASSO
ORDINANCE NO. 759
The Development Agreement proposes all three projects will be completed by Home Depot and
reimbursement through the Owasso Public Works Authority.
Three main projects are covered:
@ Construction of 300 feet of sanitary sewer line to the site
@ Construction of a service road into the Home Depot property from E. 96th Street N.
@ Construction and widening of N. l29th E. Avenue and signalization / intersection
improvements at E. 96th Street N. and N. l29th E. Avenue
A Development Agreement between the Owasso Public Works Authority and Home Depot has
been prepared and is attached for your consideration.
In January 2003, staff was contacted by representatives from Home Depot in regards to the
location of a Home Depot store near the corner ofE. 96th Street North and N.129th E. Avenue on
a piece of land owned by Tyann Development. To offset scheduling conflicts with construction
of roadway improvements on N. 129th E. Avenue; Home Depot offered to construct the roadway
improvements in order to insure that the construction would be completed when the facility was
ready to open for business. Some infrastructure improvements were also needed to get the site
ready for construction, as well as dedication of several easement and right-of-way issues.
The City of Owasso's Technical Advisory Committee and Planning Commission heard
presentations from the Community Development Department and representatives from Home
Depot about site plans and a request for rezoning. The request for rezoning and the preliminary
site plans were unanimously approved by the Planning Commission and the City Council.
BACKGROUND:
June 2003
DATE:
FROM:
THE HONORABLE MAYOR CITY COUNCIL
CITY OF' OW ASSO
MEMORANDUM
1. Public Improvements. The Public Improvements are generally described
as follows, and are more particularly designated or described on the improvement plans
for each portion of the Public Improvements set forth on Exhibit "B" attached hereto
(the "Public Improvement Plans"). Said Public Improvement Plans are subject to
comment, review, and approval of the City of Owasso.
NOW, THEREFORE, in consideration of their respective covenants and
conditions herein expressed, the City, the Authority and Home Depot agree as
follows:
C. In connection with the development of the Project, the parties desire to
more specifically outline the scope, projected cost, time line and project
engineering and coordination associated with construction of the Public
Improvements.
In cOlmection with the Project, Home Depot has agreed to construct or
cause to be constructed certain public improvements relating to the City's
sanitary sewer and roadway systems and facilities (the "Public
Improvements"), all as more fully described ~ later in this
agreement and the Gft.y and/or Authority has determined it would be most
advantageous at this time for the City and/or Authority to reimburse Home
Depot for the construction of said Public Improvements pursuant to the
terms and conditions set forth below in paragraph _'
Home Depot has or will acquire ownership of the property consisting of
approximately twelve and 4/1 0 (12.4) acres and situated near the
southwest corner of the intersection of 96th Street North and 129TH East
Avenue in Owasso, Oklahoma ("Property") for the development of a
commercial retail shopping center (the "Project"), which property is more
fully described and depicted on Exhibit" A II attached hereto.
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into
effective as of May .~, 2003 by and between bAfl.GMA
~}, OW ASSO PUBLIC WORKS AUTHORITY, an Oklahoma public trust
("Authority") and HOME DEPOT U.S,A., INC. a Delaware corporation ("I-Iome
Depot"),
(Store No. 8922/0wasso, Oklahoma /RE-2002-009170)
DEVELOPMENT AGREEMENT
Upon final approval of any construction plans by the City of Owasso, Home
Depot agrees to construct the Public Improvements as described in the Public
Improvement Plans within the time frames set forth in the Public Improvement Plans at a
total set cost of $ Home Depot, or its Contractor on said Public
Improvements, will post a Performance Bond and a Statutory Bond for said
Improvements with the City of Owasso prior to the start of construction. All design and
construction undertaken by Home Depot shall be consistent with all City codes and
ordinances as well as any other regulations or plans relative to the Public Improvements.
The parties agree to proceed in good faith and due diligence in rcquesting and processing
as soon as reasonably possible all necessary third party approvals, permits and authority
"'lith rcspect to each pOliion of the Public Improvements. Home Depot shall pay all costs
incurred for the design and construction of the Public Improvements, except for the
improvement plans for the -J:..;Wth Street intersection Improvements that has been prepared
and shall be paid for by the City and/or the Authority. aB:El Home Depot shall receive
reimbursement for &I::l€-h actual costs agreed upon prior to construction as set forth below
d. Home Depot will construct the improvements widening North 129th East
Avenue from the block North on 129th East Avenue to
where it connects to the intersection improvements referred in Paragraph
I [c] pursuant to the plans prepared by the Authority.
~~Beenappro~Ekhe-A~.
Home Depot has caused or shall cause its engineer to submit to the City of Owasso by
May _, 2003, proposed engineering plans and specifications with respect to the
Sanitary Sewer Improvements and the 96th Street Service Road Improvements, including
the electronic format compatible with AutoCad. The City and/or the Authority has
caused or shall cause its engineer to submit to Home Depot by May , 2003, proposed
engineering plans and specifications with respect to the -J:..;Wtlt"Sh'eet intersection
Improvements, including the electronic format compatible with AutoCad.
c. Home Depot will construct the improvements to the intersection of East
96th Street North and North 129th East Avenue, including designed
signalization using the improvement plans prepared by the Authority
("intersection improvements").
b. Home Depot will design and construct that portion of the service road
improvements lying south of 96th Street North that connects the property
owned by Home Depo on 96th Street North. ~th....g~
N&Ftfr.wi+l:HJ~Rtgh~~we~*...96th -&8:-eet-N-er-tf:r-afH:!
("96th Street Road Improvements").
a. Home Depot will design and construct the sanitary sewer line in the
existing and to be created sanitary sewer easement more fully described
and depicted on Exhibit "E" attached hereto, to the Property and along the
south and east sides of the Property to serve the Property and the adjacent
parcel on the north side of the Property ("Sanitary Sewer Improvements").
The Authority further agrees that it will obtain, file and furnish the necessary right
of way dedications and temporary construction easements, through condemnation or
othenvise, in form and substance reasonably satisfactory to Home Depot to allow Home
Depot to construct the intersection Improvements. The Authority agrees to try retai-H
2. Rights of Way and Construction Easements. Home Depot agrees to
furnish the legal description for the 96th Street Service Road right of way to the
Authority. The Authority agrees that it will obtain, file and furnish the necessary right of
way dedications and temporary construction easements in form and sabstance reasonably
satisfactory to Home Depot from Tyann Development Co. Inc., Owasso Land Trust LLG
and any other necessary parties on or before June _, 2003 to allow Home Depot to
construct the 96th Street Service Road.
All Public Improvements shall be subject to the Authority's
inspection and approval upon completion. ~pproval not to be ~fl:ftel7'~~
er~~ Home Depot shall cause to be prepared, executed and delivered any and all
appropriate legal documentation, including, but not limited to, assignments, bills of sales,
deeds, easements or grants, reasonably necessary to convey unto the Authority, or its
assignee(s), all of Home Depot's right, title and interest in and to the Public
Improvements free and clear of any and all claims,demands, encumbrances, liens, or
interests of others which do or might impair the title of the Authority, or its assignee(s),
in and to the Public Improvements. The Gi-ty and the Authority agrees to accept the
Public Improvements if constructed in ~ full compliance with the Public
Improvement Plans. Upon completion and acceptance of any public improvement to the
satisfaction of the Authority, the Authority will recommend final acceptance by the City
of Owasso. It is understood that each portion of the Public Improvements described in
Subsections l.a, l.b, l.c, and l.d above may be completed at a different times. Each
portion of the Public Improvements will be deemed accepted if not rejected in writing
within forty-five (45) days of delivery by Home Depot to the City and the Authority of a
notice of completion as to that portion of the Public Improvements. Upon acceptance of
each portion of the Public Improvements by the City and the Authority, but prior to
acceptance by the City of Owasso, the City hall become responsible for maintenance,
repair and replacement of the same. Home Depot or its contractor on each public
improvement shall post a two year maintenance bond for street improvement on forms
acceptable to the Authority and one year maintenance bonds for any sanitary sewer
improvements.
Home Depot assumes no responsibility for the adequacy of the design or capacity
of the improvement plans for the -hWtlt ~ intersection Improvements, which are being
prepared and provided by the ~~ Authority. fffiEl. Home Depot also assumes
no responsibility for reviewing or determining the completeness of the improvement
plans for the -hWtlt..g.treet intersection Improvements, but will advise the Authority of any
concerns it has with regard to said plans in writing.
in Section 4-- 3.
a. The 300' of sanitary sewer improvements and the 96th Street service road
improvements shall be paid by the Authority to Home Depot in installments calculated at
an amount equal to rate of \;S of one cent of retail sales tax collected by the City from the
retail sales at the property. Both parties understand and agree that the first 90 days of
retail sales tax collected by the City from retail sales at the Property shall not be
considered or utilized for the installments, but instead, shall be used to reimburse the
Authority for its expense with regard to infrastructure design and improvement costs for
the intersection improvements. Both parties understand that the reimbursement to Home
Depot shall only begin ninety (90) days after the Home Depot store opens at the Property
and begins generating retail sales tax revenue for the City. The installment payment shall
be made by the Authority on a monthly basis within 10 days after the date the City
receives the sales tax receipts from the retail sales at the Property from Home Depot.
The Developer shall be reimbursed for the cost of construction of the Public
Improvements set forth on Exhibit C as follows:
3. Reimbursement of Costs for Public Improvements. The parties agree that
the engineer's preliminary estimate of the total anticipated costs of all of the Public
Improvements set forth in paragraphs l(a)-(d) is $____.,as is more fully set forth on
Exhibit "C". Such exhibit represents the parties' good faith estimate of the projected
costs associated with the construction of the Public Improvements. Home Depot
understands and agrees with the Authority that none of the costs to be reimbursed will
include any administrative overhead expenses of Home Depot. The expenses to be
reimbursed are solely for construction of the Public Improvements. Upon completion and
acceptance of each portion of the Public Improvements as contemplated by this
agreement, Home Depot shall provide certified (by a Real Estate Director of Home
Depot) figures to the Authority of the actual costs of that portion of the Public
Improvements. Upon receipt thereof, the Authority, upon ten (10) days written notice to
Home Depot, shall be authorized and allowed to audit and examine, at City Hall, City of
Owasso, III N. Main, Owasso, Oklahoma, at reasonable times, any and all supportive
documentation possessed by Home Depot, its agents, officers, employees and/or
independent contractors, reasonably necessary and related to the certified figures of the
actual costs of that portion of the Public Improvements.
All costs and expenses, including acquisition costs, to obtain the above rights of
way and temporary construction easements shall be paid by the Authority.
LV Uc;c;lc;L Lm: ~lL)' 111 mi t:llUllc; to obtain voluntary
conveyances of the l29th Street right of way from all necessary property owners along
129th Street (" 129th Property Owners"). The Authority agrees it will engage the City of
Owasso to promptly initiate and diligently pursue to completion condemnation actions
against any 129th Property Owners that refuse to voluntarily convey the necessary right of
way and temporary construction easements to complete the 129th Street Improvements,
u. .lHe; .l L7 tft 2:lLHJtJL .
1 HnpIUVenH;)nL~ ~nUll ot:) .
a ,~mp. sum upon passage of a bond is pUlU 0)' l~ie ~lLY LU DUllie UtJPUl11l
a ,ote ill October, 2003 "itb pa sue for capitol projects scheduled [,
e" I lh' ' " yment Ie b d' er
p , ~\.: .a~ sard bond issaes foils, the 129'~ ~a. e ill J anuGfY, 2001. In the
aI )- t e CIty to Home Q .. reet Improvements sh U 13
ene hulf (1/2) cent of --cpot ill illstallillents calculated at th a. c
I everyone (1) e rute of
~:: at ~I properties located wesl o;;:;~r: sule~ t[l)( collecled from the
h 96 Street Nortb and east f H' I 129 Ea,t ,,\ venue, south 01
m.mdary, ma:rbe add depiction 0 .Ig. nvay 169 [need southern
The payment shall be made on as Exhlblt~ ("Development Properti
the date tbe City receives the a 7'ntbly bas~s within len (10) days ~::
sa es tax receIpts from th D" I
e e v elopment
a. Ine "annary :"leVIer Improvemem:s anume yotft 2:lLH:;tJl ;)t:)l'vl\';t) ~Ui.ttt
Improvements shall be paid by the City to Home Depot in installments
calculated at the rate of one half (1/2) cent of every one (1) cent of sales
tax collected from the sales at the Property. The payment shall be made
on a monthly.basis 'vvithin ten (10) days after the date the City receives the
sales tax receIpts from the Property from Home Depot.
+he-Developer shall be reimbursed for the El~osts as follovls.
engmeel s pIehmmary estlmate oj: antlcIpated ConstructIOn costs (The "l1uaget") rer me
Public Improvement-s--is set forth on Exhibit "e" attached hereto and represents the
I*rties' respective good faith estimate of the projected costs associated vlith the
eenstruction of the Public Improvements. All funds expenooG-in accordance with the
BOO~e--tl:t6ft1deEl-in the reim-bursement~~~m~
~). . Upon oompletion and acceptance of each portion of the Public Improvements as
€ontemplated b)"-i:hts Agreement, Home Depot shal~--Re~
~-ef--El-f City of the aeftlai costs ef that portion ef-t.lte
~.
b. The Intersection Improvements shall be paid by the Authority to Home
Depot in a lump sum upon issuance of a debt based upon authorization of the voters of
the City of Owasso for capital improvement projects scheduled for a vote in October,
2003, with payment, upon approval, to be made in January, 2004. In the event that the
voters reject authorization of this purpose, the intersection improvements shall be paid
for by the Authority to Home Depot calculated in an amount equal to the rate of one-half
(1/2) of one cent of retail sales tax collected from the retail sales at all properties located
west of North 1291h East Avenue, south of East 961h Street North and east of Highway
169, owned by Home Depot, hereinafter referred to as "development properties". Both
parties understand and agree that in no event shall the installments begin until the
expiration of ninety (90) days from the elate the Home Depot store opens at the property
and begins generating retail sales tax revenue for the City, The payments shall be made
by the Authority on a monthly basis within ten (10) days after the date the City receives
the sales tax receipts from the Development Properties.
c. Entire Agreement. The parties agree that this Agreement
constitutes the entire agreement between the parties and that no
other agreements or representations other than those contained in
this Agreement have been made by the parties. . This Agreement
shall be amended only in writing, and effective when signed by the
authorized agents of the parties.
b. Choice of Law. This agreement shall be taken and deemed to have
been fully executed and made by the parties herein and governed
by the laws of the State of Oklahoma for all purposes and intents.
a. Inspection. Home Depot shall allow the City and the Authority, or
their authorized representatives, to access the Public Improvements
to inspect the work at any time. from time to time with reasonable
advance notice oftvv'enty four (21) hours to inspect the ',york.
6. Miscellaneous.
5. Remedies. In the event of any default in or breach of any terms or
conditions of this Agreement by any party, or any successor, the defaulting or breaching
party shall, upon written notice from the other party, proceed immediately to cure or
remedy such default or breach, and shall in any event, within thirty (30) days after receipt
of notice, commence to cure or remedy such default. In case such cure or remedy is not
taken or not diligently pursued, or the default or breach shall not be cured or remedied
within a reasonable time, the aggrieved party may institute such proceedings as may be
necessary or desirable in its opinion to cure and remedy such default or breach, including
but not limited to proceedings to compel specific performance by the defaulting or
breaching party. The parties, their successors and assigns, further agree that the other
party shall have the right and power to institute and prosecute proceedings to enjoin the
threatened or attempted violation of any clauses contained herein. Notwithstanding the
foregoing, in the event that the City fails to make any monetary payments to Heme Depot
in a timely fashion, Home Depot shall be entitled to give \vritten notice to the City and to
immediately offset the amount due against the next sales tax payments due by Home
Depot to the City until the City has cured the monetary default:,.
4. Revision to the "Limits of No Access" Designation. The Authority is
responsible for obtaining a change to the "limits of no access" designation on East 96th
Street North from the Oklahoma Department of Transportation so that a curb cut can be
located on East 96th Street North at a location reasonably acceptable to Home Depot. +J~
Gi+y agrees te-reffiffi .. -~--te--a&s-i.~~-affi
the necessal")'-'eRn~B~ The Authority agrees to ]3f8-FRf*4y initiate and
ffiti.geHtly pursue to completion the application for such change to the "limits of no
designation from the Oklahoma Department of Transportation.
IlV}Jl;;llll;;;J.
Mr. Stephen P. Gray, Esq.
4530 S. Sheridan, Suite 205
Tulsa, OK 74145
City of Owasso
111 North Main Street
Owasso, Oklahoma 74055
Attention: Rodney Ray
Fax No. 918-376-1599
To the City:
Owasso Public Works Authority
111 North Main Street
Owasso, Oklahoma 74055
Fax No. 918-272-4996
To the Authority:
h. Notices. Any notice, request or demand provided for in this
Agreement shall be deemed to have been sent notice when the
notice has been delivered by personal delivery, overnight mail or
delivery service, facsimile or deposited in the United States mail,
registered or celtified, with postage thereon prepaid to the
addresses as set forth below. Notice shall be deemed received
upon the earlier of: (1) if personally delivered (whether by courier
or overnight private mail or delivery services), the date of delivery;
(ii) if mailed, three (3) business days after the date of posting by
the United States post office; or (iii) if given by facsimile when
sent. The parties' addresses are as follows:
g. Costs. In the event of a dispute relating to the matters set forth
herein, the prevailing party shall be entitled to reimbursements for
all reasonable attorneys' fees and expenses incurred in connection
therewith.
f. Bindin~ffect This shall be binding upon and inure
to the benefit of the parties hereto and their respective successors,
heirs and assigns.
e. SevelJlbility. In the event that any term or provision or this
Agreement is held to be unenforceable by a court of competent
jurisdiction, the remainder shall continue in full force and effect to
the extent the remainder can be given effect without the invalid
prOVISIOn.
d. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall constitute one and the same
instrument
IN WITNESS WHEREOF the parties have executed this instrument to be
j. Force Majeure. If an event of force majeure occurs, the time for
performance of the obligations under this Agreement, other than the payment of sums
due, shall be extended for the duration of the event of force majeure. An event of force
majeure shall mean any contingency or cause beyond the reasonable control of a party
including, without limitation, acts of God or the public enemy, war, riot, civil
commotion, insurrection, government or de facto governmental actions (unless caused by
the intentionally wrongful acts or omissions of the party), fires, explosions, floods,
strikes, slowdowns or work stoppages. Inability to pay is not an event of force majeure.
Kane, Russell, Coleman & Logan.
1601 Elm Street, Suite 3700
Dallas, 75201
No.21
1. buthority. This Agreement shall become a binding obligation
upon execution by all parties hereto. :.rhe Gi~~
represents that the incwvidual executing this _Agreement on behalf
of the City has full authority to execute this Agreement and l3ifld
the City to the same. The City further ',varmnts and represents that
this Agreement is valid and enforceable under applicable law-aHEl
the City's charter, and that the ~s taken all requisite acti&l:t
flecessary--4o approve-tfH-s-AgreemeHf: The Authority warrants and
represents that the individual executing this Agreement on behalf
of the Authority has full authority to execute this Agreement and
bind the Authority to the same. The Authority further warrants and
represents that this Agreement is valid and enforceable under
applicable law and the Authority's public trust documents, and that
the Authority has taken all requisite action necessary to approve
this Agreement. Home Depot warrants and represents that the
individual executing this Agreement on its behalf has full authority
to execute this Agreement and bind Home Depot to the same.
Home Depot further warrants and represents that this Agreement is
valid and enforceable under applicable law and Home Depot's
corporate documents, and that Home Depot has taken all requisite
action necessary to approve this Agreement.
With a Copy to:
Home Depot U.S.A., Inc.
2800 Forest Lane
Dallas, Texas 75234
Attn: Corporate Counsel
Fax No. 972.420.3956
To Home Depot:
Fax No. 918-660-8188
(Remainder o/Page Intentionally Left Blank)
(SEPARATE SIGNATURE PAGES FOLLOW)
effective as of the day and year first above written.
City of Owasso, Oklahoma
Owasso Public Warks Authority
An Oklahoma Public Trust
SEPARATE SIGNATURE PAGE OF THE CITY AND THE AUTHORITY
Jacob Pritcher, Jr.
Corporate Counsel
Home Depot U.S Inc.
SEPARATE SIGNATURE PAGE OF HOME DEPOT
D
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EXHIBIT liB"
(PUBLIC IMPROVEMENT PLANS)
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SANIT ARY SEWER EASEMENT
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20" SANITARY SEWER EASEMENT
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