LEGISLATIVE RESEARCH CENTER
File #: 15-505    Name:
Type: General Business Status: Passed
File created: 9/30/2015 In control: Broken Arrow City Council
On agenda: 10/6/2015 Final action: 10/6/2015
Title: Consideration, discussion and possible approval of the Memorandum of Understanding (MOU) by and between The City of Broken Arrow, an Oklahoma municipal corporation (the "City"), and Independent School District No. 3 of Tulsa County, Oklahoma a/k/a Broken Arrow Public Schools ("Schools") authorizing negotiations for a transaction or series of transactions for the transfer of real property in strategic locations through the City for the location of parks and recreational facilities in southwest Broken Arrow and a new elementary school near the Creek Turnpike in the area of New Orleans Street
Attachments: 1. 10-06-2015 MEMORANDUM OF UNDERSTANDING - BROKEN ARROW PUBLIC SCHOOLS AND CITY OF BROKEN ARROW - FINAL.pdf

Broken Arrow City Council

Meeting of: 10-06-2015

 

To:                     Mayor and City Council

From:                     Office of the City Attorney

Title:

title

                     Consideration, discussion and possible approval of the Memorandum of Understanding (MOU) by and between The City of Broken Arrow, an Oklahoma municipal corporation (the “City”), and Independent School District No. 3 of Tulsa County, Oklahoma a/k/a Broken Arrow Public Schools (“Schools”) authorizing negotiations for a transaction or series of transactions for the transfer of real property in strategic locations through the City for the location of parks and recreational facilities in southwest Broken Arrow and a new elementary school near the Creek Turnpike in the area of New Orleans Street

End

Background:

The City is currently interested in obtaining real property in strategic locations throughout the City for the location of parks and recreational facilities in accordance with the City’s Parks Master Plan. The Schools own property in the Southwest quadrant of the City between Florence Street and New Orleans Street and between Olive Avenue and Aspen Avenue.  A portion of this property is no longer necessary for school purposes, and is in a location consistent with the Parks Master Plan.  The Schools have indicated their willingness to enter into negotiations for the City’s acquisition of this property for purposes of locating a park.

The Broken Arrow Municipal Authority, and its beneficiary, the City of Broken Arrow, have an interest in real property located between New Orleans Street and Washington Street, and between the Creek Turnpike and Evans Road. The Schools have indicated an interest in this property for location of a new elementary school.

As construction of a park and a school in strategic locations will unquestionably benefit the citizens of the City of Broken Arrow, it is in the best interest of the parties to enter into negotiations for a transaction or series of transactions to effectuate the transfer of these properties for the identified uses. Oklahoma Statutes support an exchange of this kind.

The attached Memorandum of Understanding authorizes the parties to enter into negotiations for a transaction or series of transactions to effectuate the transfer of properties to achieve the City’s goal of locating a park in southwest Broken Arrow and the Schools’ goal of constructing a new elementary school near the Creek Turnpike and New Orleans Street.  Staff recommends that the Council approve the MOU and authorize its execution.

Cost:                                                                $0

Prepared By:                                           Beth Anne Wilkening, City Attorney

Reviewed By:                                          Assistant City Manager

Approved By:                      Michael L.  Spurgeon, City Manager

Attachments:                                          Memorandum of Understanding with Broken Arrow Public Schools

Recommendation:

Approve the Memorandum of Understanding and authorize its execution.