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MB

Michael Beason

Mon, Jan 13, 2020 3:43 PM

My City plans to sell a 5.02 acre tract of real property. Review and review of the OML Handbook indicates no specific law that applies to a sale unless it is a public utility. This is not a public utility and even if it were the City has a general and a specific Charter provision allowing the sale of a public utility. The sale price is the same price as the appraised value. The sale is to attract a business to the community. Any issues?

Thank you.

My City plans to sell a 5.02 acre tract of real property. Review and review of the OML Handbook indicates no specific law that applies to a sale unless it is a public utility. This is not a public utility and even if it were the City has a general and a specific Charter provision allowing the sale of a public utility. The sale price is the same price as the appraised value. The sale is to attract a business to the community. Any issues? Thank you.

RT

Robert Thompson

Mon, Jan 13, 2020 3:53 PM

The only issue I can see is to examine the source of the City acquiring the real estate you plan to sell. I believe the City is legal to sell the tract, unless it was donated with a specific purpose clause, which could cause reversion to prior owner, if sale is attempted. Your buyer will likely examine for this issue or the title company will if there is to be title insurance.

Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com

CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/

From: Oama oama-bounces@lists.imla.org On Behalf Of Michael Beason
Sent: Monday, January 13, 2020 9:44 AM
To: OAMA luistserv (OAMA@lists.imla.org) OAMA@lists.imla.org
Subject: [Oama] Sale of Municipal Property

My City plans to sell a 5.02 acre tract of real property. Review and review of the OML Handbook indicates no specific law that applies to a sale unless it is a public utility. This is not a public utility and even if it were the City has a general and a specific Charter provision allowing the sale of a public utility. The sale price is the same price as the appraised value. The sale is to attract a business to the community. Any issues?

Thank you.

The only issue I can see is to examine the source of the City acquiring the real estate you plan to sell. I believe the City is legal to sell the tract, unless it was donated with a specific purpose clause, which could cause reversion to prior owner, if sale is attempted. Your buyer will likely examine for this issue or the title company will if there is to be title insurance. Robert C. Thompson Cheek & Falcone, PLLC 6301 Waterford Blvd., Suite 320 Oklahoma City, Okla. 73118 direct telephone:405-286-9560 direct fax: 405-286-9680 Firm telephone: 405-286-9191 rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com> CONFIDENTIALITY NOTE: This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation. Visit us at our website http://www.cheekfalcone.com/ From: Oama <oama-bounces@lists.imla.org> On Behalf Of Michael Beason Sent: Monday, January 13, 2020 9:44 AM To: OAMA luistserv (OAMA@lists.imla.org) <OAMA@lists.imla.org> Subject: [Oama] Sale of Municipal Property My City plans to sell a 5.02 acre tract of real property. Review and review of the OML Handbook indicates no specific law that applies to a sale unless it is a public utility. This is not a public utility and even if it were the City has a general and a specific Charter provision allowing the sale of a public utility. The sale price is the same price as the appraised value. The sale is to attract a business to the community. Any issues? Thank you.

KS

Kimberlee Spady

Mon, Jan 13, 2020 3:58 PM

Note that the Supreme Court has defined “utility” very broadly. It sounds like your charter has that covered, but it might be worth double checking.

Kim Spady

Sent from my iPhone

On Jan 13, 2020, at 9:53 AM, Robert Thompson rthompson@cheekfalcone.com wrote:

The only issue I can see is to examine the source of the City acquiring the real estate you plan to sell. I believe the City is legal to sell the tract, unless it was donated with a specific purpose clause, which could cause reversion to prior owner, if sale is attempted. Your buyer will likely examine for this issue or the title company will if there is to be title insurance.

Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.com

CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/

From: Oama oama-bounces@lists.imla.org On Behalf Of Michael Beason
Sent: Monday, January 13, 2020 9:44 AM
To: OAMA luistserv (OAMA@lists.imla.org) OAMA@lists.imla.org
Subject: [Oama] Sale of Municipal Property

My City plans to sell a 5.02 acre tract of real property. Review and review of the OML Handbook indicates no specific law that applies to a sale unless it is a public utility. This is not a public utility and even if it were the City has a general and a specific Charter provision allowing the sale of a public utility. The sale price is the same price as the appraised value. The sale is to attract a business to the community. Any issues?

Thank you.

Oama mailing list
Oama@lists.imla.org
http://lists.imla.org/mailman/listinfo/oama_lists.imla.org

Note that the Supreme Court has defined “utility” very broadly. It sounds like your charter has that covered, but it might be worth double checking. Kim Spady Sent from my iPhone > On Jan 13, 2020, at 9:53 AM, Robert Thompson <rthompson@cheekfalcone.com> wrote: > > The only issue I can see is to examine the source of the City acquiring the real estate you plan to sell. I believe the City is legal to sell the tract, unless it was donated with a specific purpose clause, which could cause reversion to prior owner, if sale is attempted. Your buyer will likely examine for this issue or the title company will if there is to be title insurance. > > > Robert C. Thompson > Cheek & Falcone, PLLC > 6301 Waterford Blvd., Suite 320 > Oklahoma City, Okla. 73118 > direct telephone:405-286-9560 > direct fax: 405-286-9680 > Firm telephone: 405-286-9191 > rthompson@cheekfalcone.com > > CONFIDENTIALITY NOTE: > This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation. > Visit us at our website http://www.cheekfalcone.com/ > > From: Oama <oama-bounces@lists.imla.org> On Behalf Of Michael Beason > Sent: Monday, January 13, 2020 9:44 AM > To: OAMA luistserv (OAMA@lists.imla.org) <OAMA@lists.imla.org> > Subject: [Oama] Sale of Municipal Property > > My City plans to sell a 5.02 acre tract of real property. Review and review of the OML Handbook indicates no specific law that applies to a sale unless it is a public utility. This is not a public utility and even if it were the City has a general and a specific Charter provision allowing the sale of a public utility. The sale price is the same price as the appraised value. The sale is to attract a business to the community. Any issues? > > Thank you. > -- > Oama mailing list > Oama@lists.imla.org > http://lists.imla.org/mailman/listinfo/oama_lists.imla.org

DA

Douglas, Amy G

Mon, Jan 13, 2020 4:07 PM

My comment doesn’t go to the actual sale but rather the proceeds from the sale. Check also to see if GO bonds were used to purchase the land. If they were you may have to use the proceeds for the same general purpose.

Get Outlook for iOShttps://aka.ms/o0ukef

From: Oama oama-bounces@lists.imla.org on behalf of Kimberlee Spady Kim@spadylaw.com
Sent: Monday, January 13, 2020 9:58:21 AM
To: Robert Thompson rthompson@cheekfalcone.com
Cc: OAMA luistserv (OAMA@lists.imla.org) OAMA@lists.imla.org
Subject: Re: [Oama] Sale of Municipal Property

Note that the Supreme Court has defined “utility” very broadly. It sounds like your charter has that covered, but it might be worth double checking.

Kim Spady

Sent from my iPhone

On Jan 13, 2020, at 9:53 AM, Robert Thompson <rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com> wrote:

The only issue I can see is to examine the source of the City acquiring the real estate you plan to sell. I believe the City is legal to sell the tract, unless it was donated with a specific purpose clause, which could cause reversion to prior owner, if sale is attempted. Your buyer will likely examine for this issue or the title company will if there is to be title insurance.

Robert C. Thompson

Cheek & Falcone, PLLC

6301 Waterford Blvd., Suite 320

Oklahoma City, Okla. 73118

direct telephone:405-286-9560

direct fax: 405-286-9680

Firm telephone: 405-286-9191

rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com

CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cheekfalcone.com%2F&data=02%7C01%7CAmy.Douglas%40okc.gov%7C14eb51c10684487daa1708d798418503%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C1%7C637145279502420029&sdata=hcNiNlaM8B%2FwToaVn%2BGsCkx1P1XdD3ESGl05yjcOTbg%3D&reserved=0

From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org> On Behalf Of Michael Beason
Sent: Monday, January 13, 2020 9:44 AM
To: OAMA luistserv (OAMA@lists.imla.org mailto:OAMA@lists.imla.org) <OAMA@lists.imla.org mailto:OAMA@lists.imla.org>
Subject: [Oama] Sale of Municipal Property

My City plans to sell a 5.02 acre tract of real property. Review and review of the OML Handbook indicates no specific law that applies to a sale unless it is a public utility. This is not a public utility and even if it were the City has a general and a specific Charter provision allowing the sale of a public utility. The sale price is the same price as the appraised value. The sale is to attract a business to the community. Any issues?

Thank you.

--
Oama mailing list
Oama@lists.imla.org mailto:Oama@lists.imla.org
http://lists.imla.org/mailman/listinfo/oama_lists.imla.org https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Flists.imla.org%2Fmailman%2Flistinfo%2Foama_lists.imla.org&data=02%7C01%7CAmy.Douglas%40okc.gov%7C14eb51c10684487daa1708d798418503%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C1%7C637145279502425009&sdata=A9Y2pQituX%2Fctih8JwnIeZ8PT0CgHtvBvFIZqPawLmo%3D&reserved=0
CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.

My comment doesn’t go to the actual sale but rather the proceeds from the sale. Check also to see if GO bonds were used to purchase the land. If they were you may have to use the proceeds for the same general purpose. Get Outlook for iOS<https://aka.ms/o0ukef> ________________________________ From: Oama <oama-bounces@lists.imla.org> on behalf of Kimberlee Spady <Kim@spadylaw.com> Sent: Monday, January 13, 2020 9:58:21 AM To: Robert Thompson <rthompson@cheekfalcone.com> Cc: OAMA luistserv (OAMA@lists.imla.org) <OAMA@lists.imla.org> Subject: Re: [Oama] Sale of Municipal Property Note that the Supreme Court has defined “utility” very broadly. It sounds like your charter has that covered, but it might be worth double checking. Kim Spady Sent from my iPhone On Jan 13, 2020, at 9:53 AM, Robert Thompson <rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com>> wrote: The only issue I can see is to examine the source of the City acquiring the real estate you plan to sell. I believe the City is legal to sell the tract, unless it was donated with a specific purpose clause, which could cause reversion to prior owner, if sale is attempted. Your buyer will likely examine for this issue or the title company will if there is to be title insurance. Robert C. Thompson Cheek & Falcone, PLLC 6301 Waterford Blvd., Suite 320 Oklahoma City, Okla. 73118 direct telephone:405-286-9560 direct fax: 405-286-9680 Firm telephone: 405-286-9191 rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com> CONFIDENTIALITY NOTE: This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation. Visit us at our website http://www.cheekfalcone.com/<https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cheekfalcone.com%2F&data=02%7C01%7CAmy.Douglas%40okc.gov%7C14eb51c10684487daa1708d798418503%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C1%7C637145279502420029&sdata=hcNiNlaM8B%2FwToaVn%2BGsCkx1P1XdD3ESGl05yjcOTbg%3D&reserved=0> From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Michael Beason Sent: Monday, January 13, 2020 9:44 AM To: OAMA luistserv (OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>) <OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>> Subject: [Oama] Sale of Municipal Property My City plans to sell a 5.02 acre tract of real property. Review and review of the OML Handbook indicates no specific law that applies to a sale unless it is a public utility. This is not a public utility and even if it were the City has a general and a specific Charter provision allowing the sale of a public utility. The sale price is the same price as the appraised value. The sale is to attract a business to the community. Any issues? Thank you. -- Oama mailing list Oama@lists.imla.org<mailto:Oama@lists.imla.org> http://lists.imla.org/mailman/listinfo/oama_lists.imla.org<https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Flists.imla.org%2Fmailman%2Flistinfo%2Foama_lists.imla.org&data=02%7C01%7CAmy.Douglas%40okc.gov%7C14eb51c10684487daa1708d798418503%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C1%7C637145279502425009&sdata=A9Y2pQituX%2Fctih8JwnIeZ8PT0CgHtvBvFIZqPawLmo%3D&reserved=0> CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.

BA

Beth Anne Childs

Mon, Jan 13, 2020 4:17 PM

You may also want to review State ex rel. Remy v. Agar, 1977 OK 6, Green v. City of Norman, 1969 OK 88, and 11 Okl. Op. Atty. Gen. 371.

Beth Anne Childs

The Childs Law Firm, PLLC

1015 South Detroit Avenue

Tulsa, Oklahoma. 74120

(918) 521-3092

From: Oama oama-bounces@lists.imla.org on behalf of Douglas, Amy G Amy.Douglas@okc.gov
Sent: Monday, January 13, 2020 10:07 AM
To: Kimberlee Spady Kim@spadylaw.com; Robert Thompson rthompson@cheekfalcone.com
Cc: OAMA luistserv (OAMA@lists.imla.org) OAMA@lists.imla.org
Subject: Re: [Oama] Sale of Municipal Property

My comment doesn’t go to the actual sale but rather the proceeds from the sale. Check also to see if GO bonds were used to purchase the land. If they were you may have to use the proceeds for the same general purpose.

Get Outlook for iOShttps://aka.ms/o0ukef

From: Oama oama-bounces@lists.imla.org on behalf of Kimberlee Spady Kim@spadylaw.com
Sent: Monday, January 13, 2020 9:58:21 AM
To: Robert Thompson rthompson@cheekfalcone.com
Cc: OAMA luistserv (OAMA@lists.imla.org) OAMA@lists.imla.org
Subject: Re: [Oama] Sale of Municipal Property

Note that the Supreme Court has defined “utility” very broadly. It sounds like your charter has that covered, but it might be worth double checking.

Kim Spady

Sent from my iPhone

On Jan 13, 2020, at 9:53 AM, Robert Thompson <rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com> wrote:

The only issue I can see is to examine the source of the City acquiring the real estate you plan to sell. I believe the City is legal to sell the tract, unless it was donated with a specific purpose clause, which could cause reversion to prior owner, if sale is attempted. Your buyer will likely examine for this issue or the title company will if there is to be title insurance.

Robert C. Thompson

Cheek & Falcone, PLLC

6301 Waterford Blvd., Suite 320

Oklahoma City, Okla. 73118

direct telephone:405-286-9560

direct fax: 405-286-9680

Firm telephone: 405-286-9191

rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com

CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cheekfalcone.com%2F&data=02%7C01%7CAmy.Douglas%40okc.gov%7C14eb51c10684487daa1708d798418503%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C1%7C637145279502420029&sdata=hcNiNlaM8B%2FwToaVn%2BGsCkx1P1XdD3ESGl05yjcOTbg%3D&reserved=0

From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org> On Behalf Of Michael Beason
Sent: Monday, January 13, 2020 9:44 AM
To: OAMA luistserv (OAMA@lists.imla.org mailto:OAMA@lists.imla.org) <OAMA@lists.imla.org mailto:OAMA@lists.imla.org>
Subject: [Oama] Sale of Municipal Property

My City plans to sell a 5.02 acre tract of real property. Review and review of the OML Handbook indicates no specific law that applies to a sale unless it is a public utility. This is not a public utility and even if it were the City has a general and a specific Charter provision allowing the sale of a public utility. The sale price is the same price as the appraised value. The sale is to attract a business to the community. Any issues?

Thank you.

--
Oama mailing list
Oama@lists.imla.org mailto:Oama@lists.imla.org
http://lists.imla.org/mailman/listinfo/oama_lists.imla.org https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Flists.imla.org%2Fmailman%2Flistinfo%2Foama_lists.imla.org&data=02%7C01%7CAmy.Douglas%40okc.gov%7C14eb51c10684487daa1708d798418503%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C1%7C637145279502425009&sdata=A9Y2pQituX%2Fctih8JwnIeZ8PT0CgHtvBvFIZqPawLmo%3D&reserved=0
CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.

You may also want to review State ex rel. Remy v. Agar, 1977 OK 6, Green v. City of Norman, 1969 OK 88, and 11 Okl. Op. Atty. Gen. 371. Beth Anne Childs The Childs Law Firm, PLLC 1015 South Detroit Avenue Tulsa, Oklahoma. 74120 (918) 521-3092 ________________________________ From: Oama <oama-bounces@lists.imla.org> on behalf of Douglas, Amy G <Amy.Douglas@okc.gov> Sent: Monday, January 13, 2020 10:07 AM To: Kimberlee Spady <Kim@spadylaw.com>; Robert Thompson <rthompson@cheekfalcone.com> Cc: OAMA luistserv (OAMA@lists.imla.org) <OAMA@lists.imla.org> Subject: Re: [Oama] Sale of Municipal Property My comment doesn’t go to the actual sale but rather the proceeds from the sale. Check also to see if GO bonds were used to purchase the land. If they were you may have to use the proceeds for the same general purpose. Get Outlook for iOS<https://aka.ms/o0ukef> ________________________________ From: Oama <oama-bounces@lists.imla.org> on behalf of Kimberlee Spady <Kim@spadylaw.com> Sent: Monday, January 13, 2020 9:58:21 AM To: Robert Thompson <rthompson@cheekfalcone.com> Cc: OAMA luistserv (OAMA@lists.imla.org) <OAMA@lists.imla.org> Subject: Re: [Oama] Sale of Municipal Property Note that the Supreme Court has defined “utility” very broadly. It sounds like your charter has that covered, but it might be worth double checking. Kim Spady Sent from my iPhone On Jan 13, 2020, at 9:53 AM, Robert Thompson <rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com>> wrote: The only issue I can see is to examine the source of the City acquiring the real estate you plan to sell. I believe the City is legal to sell the tract, unless it was donated with a specific purpose clause, which could cause reversion to prior owner, if sale is attempted. Your buyer will likely examine for this issue or the title company will if there is to be title insurance. Robert C. Thompson Cheek & Falcone, PLLC 6301 Waterford Blvd., Suite 320 Oklahoma City, Okla. 73118 direct telephone:405-286-9560 direct fax: 405-286-9680 Firm telephone: 405-286-9191 rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com> CONFIDENTIALITY NOTE: This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation. Visit us at our website http://www.cheekfalcone.com/<https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cheekfalcone.com%2F&data=02%7C01%7CAmy.Douglas%40okc.gov%7C14eb51c10684487daa1708d798418503%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C1%7C637145279502420029&sdata=hcNiNlaM8B%2FwToaVn%2BGsCkx1P1XdD3ESGl05yjcOTbg%3D&reserved=0> From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Michael Beason Sent: Monday, January 13, 2020 9:44 AM To: OAMA luistserv (OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>) <OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>> Subject: [Oama] Sale of Municipal Property My City plans to sell a 5.02 acre tract of real property. Review and review of the OML Handbook indicates no specific law that applies to a sale unless it is a public utility. This is not a public utility and even if it were the City has a general and a specific Charter provision allowing the sale of a public utility. The sale price is the same price as the appraised value. The sale is to attract a business to the community. Any issues? Thank you. -- Oama mailing list Oama@lists.imla.org<mailto:Oama@lists.imla.org> http://lists.imla.org/mailman/listinfo/oama_lists.imla.org<https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Flists.imla.org%2Fmailman%2Flistinfo%2Foama_lists.imla.org&data=02%7C01%7CAmy.Douglas%40okc.gov%7C14eb51c10684487daa1708d798418503%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C1%7C637145279502425009&sdata=A9Y2pQituX%2Fctih8JwnIeZ8PT0CgHtvBvFIZqPawLmo%3D&reserved=0> CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.

KC

Keith, Craig B.

Mon, Jan 13, 2020 4:38 PM

There is a pending Senate bill on this subject SB 1206.

From: Oama oama-bounces@lists.imla.org On Behalf Of Douglas, Amy G
Sent: Monday, January 13, 2020 10:08 AM
To: Kimberlee Spady Kim@spadylaw.com; Robert Thompson rthompson@cheekfalcone.com
Cc: OAMA luistserv (OAMA@lists.imla.org) OAMA@lists.imla.org
Subject: Re: [Oama] Sale of Municipal Property

My comment doesn't go to the actual sale but rather the proceeds from the sale. Check also to see if GO bonds were used to purchase the land. If they were you may have to use the proceeds for the same general purpose.

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From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org> on behalf of Kimberlee Spady <Kim@spadylaw.com mailto:Kim@spadylaw.com>
Sent: Monday, January 13, 2020 9:58:21 AM
To: Robert Thompson <rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com>
Cc: OAMA luistserv (OAMA@lists.imla.org mailto:OAMA@lists.imla.org) <OAMA@lists.imla.org mailto:OAMA@lists.imla.org>
Subject: Re: [Oama] Sale of Municipal Property

Note that the Supreme Court has defined "utility" very broadly. It sounds like your charter has that covered, but it might be worth double checking.

Kim Spady
Sent from my iPhone

On Jan 13, 2020, at 9:53 AM, Robert Thompson <rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com> wrote:

The only issue I can see is to examine the source of the City acquiring the real estate you plan to sell. I believe the City is legal to sell the tract, unless it was donated with a specific purpose clause, which could cause reversion to prior owner, if sale is attempted. Your buyer will likely examine for this issue or the title company will if there is to be title insurance.

Robert C. Thompson

Cheek & Falcone, PLLC

6301 Waterford Blvd., Suite 320

Oklahoma City, Okla. 73118

direct telephone:405-286-9560

direct fax: 405-286-9680

Firm telephone: 405-286-9191

rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com

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From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org> On Behalf Of Michael Beason
Sent: Monday, January 13, 2020 9:44 AM
To: OAMA luistserv (OAMA@lists.imla.org mailto:OAMA@lists.imla.org) <OAMA@lists.imla.org mailto:OAMA@lists.imla.org>
Subject: [Oama] Sale of Municipal Property

My City plans to sell a 5.02 acre tract of real property. Review and review of the OML Handbook indicates no specific law that applies to a sale unless it is a public utility. This is not a public utility and even if it were the City has a general and a specific Charter provision allowing the sale of a public utility. The sale price is the same price as the appraised value. The sale is to attract a business to the community. Any issues?

Thank you.

Oama mailing list
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CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.

There is a pending Senate bill on this subject SB 1206. From: Oama <oama-bounces@lists.imla.org> On Behalf Of Douglas, Amy G Sent: Monday, January 13, 2020 10:08 AM To: Kimberlee Spady <Kim@spadylaw.com>; Robert Thompson <rthompson@cheekfalcone.com> Cc: OAMA luistserv (OAMA@lists.imla.org) <OAMA@lists.imla.org> Subject: Re: [Oama] Sale of Municipal Property My comment doesn't go to the actual sale but rather the proceeds from the sale. Check also to see if GO bonds were used to purchase the land. If they were you may have to use the proceeds for the same general purpose. Get Outlook for iOS<https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Faka.ms%2Fo0ukef&data=02%7C01%7CCraig.Keith%40okc.gov%7C5b12f360f50f409bc29608d79842d916%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C1%7C637145285187558591&sdata=9KZuug8iTc7EotgJiTEvYO0suSHVP1iOUc9BEDTSKz8%3D&reserved=0> ________________________________ From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> on behalf of Kimberlee Spady <Kim@spadylaw.com<mailto:Kim@spadylaw.com>> Sent: Monday, January 13, 2020 9:58:21 AM To: Robert Thompson <rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com>> Cc: OAMA luistserv (OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>) <OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>> Subject: Re: [Oama] Sale of Municipal Property Note that the Supreme Court has defined "utility" very broadly. It sounds like your charter has that covered, but it might be worth double checking. Kim Spady Sent from my iPhone On Jan 13, 2020, at 9:53 AM, Robert Thompson <rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com>> wrote: The only issue I can see is to examine the source of the City acquiring the real estate you plan to sell. I believe the City is legal to sell the tract, unless it was donated with a specific purpose clause, which could cause reversion to prior owner, if sale is attempted. Your buyer will likely examine for this issue or the title company will if there is to be title insurance. Robert C. Thompson Cheek & Falcone, PLLC 6301 Waterford Blvd., Suite 320 Oklahoma City, Okla. 73118 direct telephone:405-286-9560 direct fax: 405-286-9680 Firm telephone: 405-286-9191 rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com> CONFIDENTIALITY NOTE: This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation. Visit us at our website http://www.cheekfalcone.com/<https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cheekfalcone.com%2F&data=02%7C01%7CCraig.Keith%40okc.gov%7C5b12f360f50f409bc29608d79842d916%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C1%7C637145285187568554&sdata=Zhfwe0PNgp3FjuOdfaNbnxbZeLYmRx7nTqGjIkRnTSQ%3D&reserved=0> From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Michael Beason Sent: Monday, January 13, 2020 9:44 AM To: OAMA luistserv (OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>) <OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>> Subject: [Oama] Sale of Municipal Property My City plans to sell a 5.02 acre tract of real property. Review and review of the OML Handbook indicates no specific law that applies to a sale unless it is a public utility. This is not a public utility and even if it were the City has a general and a specific Charter provision allowing the sale of a public utility. The sale price is the same price as the appraised value. The sale is to attract a business to the community. Any issues? Thank you. -- Oama mailing list Oama@lists.imla.org<mailto:Oama@lists.imla.org> http://lists.imla.org/mailman/listinfo/oama_lists.imla.org<https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Flists.imla.org%2Fmailman%2Flistinfo%2Foama_lists.imla.org&data=02%7C01%7CCraig.Keith%40okc.gov%7C5b12f360f50f409bc29608d79842d916%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C1%7C637145285187568554&sdata=Dwu1FuAGjiwWcsaI38BtGcSlzb57F%2FjlgnEG2CyE%2F1g%3D&reserved=0> CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws. CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.

JK

Jordan, Kenneth

Mon, Jan 13, 2020 9:03 PM

See OSC “PROTEST OF REID” case and OK Const. Art. 10, Sec 16.

Many if not most municipal properties pre the late 70s were bought with GO Bond revenues. The Bond proposition sets forth the general purpose (streets, parks, etc.), and the purpose follows the asset.

So as one example, land bought with a park GO Bond fund is parkland until declared surplus for park purposes and sold at FMV or traded for other land of approximately the same value that then substitutes for the original parkland. Any cash must be used for park purposes (improvements not services). Converting the cash to a non-park public utility purpose is an illegal expenditure.

If you have a problem getting FMV for a surplus GO Bond asset, you can have a City-beneficiary trust buy the surplus bond land from the City for FMV and the trust can then use the land for some deal, such as economic development. The cash the trust pays must go for the original bond purpose. If the trust has insufficient assets, the City can even transfer the trust general revenues (or appropriate special revenues) to pay for the land. The key is to make the GO Bond fund whole and use the consideration for the GO Bond purpose.

The same rules will apply to the disposition of an asset bought with a special purpose tax revenue. See OK Const Art 10, Sec. 19.

Kenneth Jordan

From: Oama oama-bounces@lists.imla.org on behalf of Keith, Craig B. craig.keith@okc.gov
Sent: Monday, January 13, 2020 10:38:40 AM
To: Douglas, Amy G Amy.Douglas@okc.gov; Kimberlee Spady Kim@spadylaw.com; Robert Thompson rthompson@cheekfalcone.com
Cc: OAMA luistserv (OAMA@lists.imla.org) OAMA@lists.imla.org
Subject: Re: [Oama] Sale of Municipal Property

There is a pending Senate bill on this subject SB 1206.

From: Oama oama-bounces@lists.imla.org On Behalf Of Douglas, Amy G
Sent: Monday, January 13, 2020 10:08 AM
To: Kimberlee Spady Kim@spadylaw.com; Robert Thompson rthompson@cheekfalcone.com
Cc: OAMA luistserv (OAMA@lists.imla.org) OAMA@lists.imla.org
Subject: Re: [Oama] Sale of Municipal Property

My comment doesn’t go to the actual sale but rather the proceeds from the sale. Check also to see if GO bonds were used to purchase the land. If they were you may have to use the proceeds for the same general purpose.

Get Outlook for iOShttps://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Faka.ms%2Fo0ukef&data=02%7C01%7CKenneth.jordan%40okc.gov%7C12a9e56113c4438af4f208d798472611%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C1%7C637145303656146399&sdata=%2Bcimz8UMPiRYFAblNCOyWtC06IGxX%2B9NAalquSezjLg%3D&reserved=0

From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org> on behalf of Kimberlee Spady <Kim@spadylaw.com mailto:Kim@spadylaw.com>
Sent: Monday, January 13, 2020 9:58:21 AM
To: Robert Thompson <rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com>
Cc: OAMA luistserv (OAMA@lists.imla.org mailto:OAMA@lists.imla.org) <OAMA@lists.imla.org mailto:OAMA@lists.imla.org>
Subject: Re: [Oama] Sale of Municipal Property

Note that the Supreme Court has defined “utility” very broadly. It sounds like your charter has that covered, but it might be worth double checking.

Kim Spady

Sent from my iPhone

On Jan 13, 2020, at 9:53 AM, Robert Thompson <rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com> wrote:

The only issue I can see is to examine the source of the City acquiring the real estate you plan to sell. I believe the City is legal to sell the tract, unless it was donated with a specific purpose clause, which could cause reversion to prior owner, if sale is attempted. Your buyer will likely examine for this issue or the title company will if there is to be title insurance.

Robert C. Thompson

Cheek & Falcone, PLLC

6301 Waterford Blvd., Suite 320

Oklahoma City, Okla. 73118

direct telephone:405-286-9560

direct fax: 405-286-9680

Firm telephone: 405-286-9191

rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com

CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation.
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From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org> On Behalf Of Michael Beason
Sent: Monday, January 13, 2020 9:44 AM
To: OAMA luistserv (OAMA@lists.imla.org mailto:OAMA@lists.imla.org) <OAMA@lists.imla.org mailto:OAMA@lists.imla.org>
Subject: [Oama] Sale of Municipal Property

My City plans to sell a 5.02 acre tract of real property. Review and review of the OML Handbook indicates no specific law that applies to a sale unless it is a public utility. This is not a public utility and even if it were the City has a general and a specific Charter provision allowing the sale of a public utility. The sale price is the same price as the appraised value. The sale is to attract a business to the community. Any issues?

Thank you.

--
Oama mailing list
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CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.
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See OSC “PROTEST OF REID” case and OK Const. Art. 10, Sec 16. Many if not most municipal properties pre the late 70s were bought with GO Bond revenues. The Bond proposition sets forth the general purpose (streets, parks, etc.), and the purpose follows the asset. So as one example, land bought with a park GO Bond fund is parkland until declared surplus for park purposes and sold at FMV or traded for other land of approximately the same value that then substitutes for the original parkland. Any cash must be used for park purposes (improvements not services). Converting the cash to a non-park public utility purpose is an illegal expenditure. If you have a problem getting FMV for a surplus GO Bond asset, you can have a City-beneficiary trust buy the surplus bond land from the City for FMV and the trust can then use the land for some deal, such as economic development. The cash the trust pays must go for the original bond purpose. If the trust has insufficient assets, the City can even transfer the trust general revenues (or appropriate special revenues) to pay for the land. The key is to make the GO Bond fund whole and use the consideration for the GO Bond purpose. The same rules will apply to the disposition of an asset bought with a special purpose tax revenue. See OK Const Art 10, Sec. 19. Kenneth Jordan ________________________________ From: Oama <oama-bounces@lists.imla.org> on behalf of Keith, Craig B. <craig.keith@okc.gov> Sent: Monday, January 13, 2020 10:38:40 AM To: Douglas, Amy G <Amy.Douglas@okc.gov>; Kimberlee Spady <Kim@spadylaw.com>; Robert Thompson <rthompson@cheekfalcone.com> Cc: OAMA luistserv (OAMA@lists.imla.org) <OAMA@lists.imla.org> Subject: Re: [Oama] Sale of Municipal Property There is a pending Senate bill on this subject SB 1206. From: Oama <oama-bounces@lists.imla.org> On Behalf Of Douglas, Amy G Sent: Monday, January 13, 2020 10:08 AM To: Kimberlee Spady <Kim@spadylaw.com>; Robert Thompson <rthompson@cheekfalcone.com> Cc: OAMA luistserv (OAMA@lists.imla.org) <OAMA@lists.imla.org> Subject: Re: [Oama] Sale of Municipal Property My comment doesn’t go to the actual sale but rather the proceeds from the sale. Check also to see if GO bonds were used to purchase the land. If they were you may have to use the proceeds for the same general purpose. Get Outlook for iOS<https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Faka.ms%2Fo0ukef&data=02%7C01%7CKenneth.jordan%40okc.gov%7C12a9e56113c4438af4f208d798472611%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C1%7C637145303656146399&sdata=%2Bcimz8UMPiRYFAblNCOyWtC06IGxX%2B9NAalquSezjLg%3D&reserved=0> ________________________________ From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> on behalf of Kimberlee Spady <Kim@spadylaw.com<mailto:Kim@spadylaw.com>> Sent: Monday, January 13, 2020 9:58:21 AM To: Robert Thompson <rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com>> Cc: OAMA luistserv (OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>) <OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>> Subject: Re: [Oama] Sale of Municipal Property Note that the Supreme Court has defined “utility” very broadly. It sounds like your charter has that covered, but it might be worth double checking. Kim Spady Sent from my iPhone On Jan 13, 2020, at 9:53 AM, Robert Thompson <rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com>> wrote: The only issue I can see is to examine the source of the City acquiring the real estate you plan to sell. I believe the City is legal to sell the tract, unless it was donated with a specific purpose clause, which could cause reversion to prior owner, if sale is attempted. Your buyer will likely examine for this issue or the title company will if there is to be title insurance. Robert C. Thompson Cheek & Falcone, PLLC 6301 Waterford Blvd., Suite 320 Oklahoma City, Okla. 73118 direct telephone:405-286-9560 direct fax: 405-286-9680 Firm telephone: 405-286-9191 rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com> CONFIDENTIALITY NOTE: This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation. Visit us at our website http://www.cheekfalcone.com/<https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cheekfalcone.com%2F&data=02%7C01%7CKenneth.jordan%40okc.gov%7C12a9e56113c4438af4f208d798472611%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C1%7C637145303656156353&sdata=bryTAM8TTdvEg7cMCiQm8BCJqUk7s4y7Gmk7cEW39Zg%3D&reserved=0> From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Michael Beason Sent: Monday, January 13, 2020 9:44 AM To: OAMA luistserv (OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>) <OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>> Subject: [Oama] Sale of Municipal Property My City plans to sell a 5.02 acre tract of real property. Review and review of the OML Handbook indicates no specific law that applies to a sale unless it is a public utility. This is not a public utility and even if it were the City has a general and a specific Charter provision allowing the sale of a public utility. The sale price is the same price as the appraised value. The sale is to attract a business to the community. Any issues? Thank you. -- Oama mailing list Oama@lists.imla.org<mailto:Oama@lists.imla.org> http://lists.imla.org/mailman/listinfo/oama_lists.imla.org<https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Flists.imla.org%2Fmailman%2Flistinfo%2Foama_lists.imla.org&data=02%7C01%7CKenneth.jordan%40okc.gov%7C12a9e56113c4438af4f208d798472611%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C1%7C637145303656156353&sdata=p%2B88TjLXyWsL381ahVyJN6pHR%2BpqvTUA9Ue6FDC6L8o%3D&reserved=0> CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws. CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws. CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.

oama@lists.imla.org

Sale of Municipal Property

Thank you.

Thank you.