This 2/25/2008 update (supplemented by an additional update on 2/26/08 and another on 2/27/2008) of this post contains something most of you have probably not seen before, and Doug Dawg is here to tell you a story. It's a story about www.march4vote.org. It's a story about Tom Dellner and how he got his tongue stuck on a pole on a cold day in Oklahoma City!
Everyone Loves A Good Story!
If you've already read the earlier versions of this story, you know ...
In looking up www.march4vote.org to find it's location, various sources pointed to California and/or Seattle. It is recalled that Washington newspapers credited that organization as being an Oklahoma based organization opposed to the March 4 vote. That 1st pass is detailed, below. Doug Dawgz education then got a "bump" as explained below ... these addresses are commonly used Yahoo names and don't necessarily point to a website's real location, especially if they are wanting to keep that location secret by registering in a way that keeps the secret! Egg on Doug Dawgz face!
2nd Stage Analysis. Then, I thought that a "reverse lookup" might prove the point. Maybe it did, maybe it didn't ... but speculation was still involved either way.
Logical Analysis. Then, I approached the matter from a logical perspective, and I'll stand by the same. But, still, it doesn't actually prove anything, even it the logic makes sense.
I put the matter down and went on to "more important things!"
But a gnawing, itching, burning, sensation in my toes (I tried chemicals to stop it but the sensation persisted) caused me to wonder about "similarly" named websites. As you may know, it is commonplace for one wanting to register a domain name to "buy" several at the same time so that others wouldn't get the use of similarly named domain names. So, if you're wanting your domain name to be an *.org, or a *.com, you might buy both, even though you'd probably only use one of them -- mapsformillionaires.com and mapsformillionaires.org provide an example. This is a common practice.
While the true location of www.march4vote.org is hidden, what about www.march4vote.com?On an itchy hunch, I did a Network Solutions search for the ".com" version of the name and came up with this:
Hmmm ... that doesn't look the same as the march4vote.org website ... I did a side-by-side comparison ...
Click the unreadable image below for an incredible one you can read
On inspection of the above, you'll see that
Both were registered on the same date, 2/4/2008.
Both use the principal name, "March4Vote."
Both show either the "registrant" or the "organization" or the "admin name" as being "Voter Power."
While the *.org true locale is hidden, in the *.comit's not ... in the latter, the "super secret" mode of domain name registration which probably cost a few more bucks was not chosen! YEA! It's all hanging out there for all to see. YES!
Address: 550 Stockton St, San Francisco, CA 94108, phone 415.399.9794. I'll be calling that phone number tomorrow, while Ted Streuli at the Journal Record waits for his expected cup of coffee! He said ...
UPDATE 4:48 p.m.: Just received a voicemail from Rob Jones. Rob assures me that IP address is tied to the Yahoo nameserver that holds their domain name. Yahoo, he said, uses Melbourne IT Ltd., dba Internet Names Worldwide. Alas, he didn’t leave a number. He insists he’s local and offered to come by for coffee next week. Frankly, I believe him.
On February 26, I've learned that I was hasty in my criticism of Mr. Streuli when I said, originally,"This 'journalist' trusts a voice mail that doesn't leave a phone number??? I wish that I had emoticons here, cause I'd be slapping my face! Several times."
And, for that coarse language, I apologize to Mr. Streuli ... probably a dumb bad case of "combat fatigue" ... Mr. Streuli is clearly a friend of Oklahoma City and I was way out of line in putting quotation marks around the word, "journalist," when referring to him. While I still don't understand why he said, "Frankly, I believe him," it was wrong of me to opine/infer that there weren't any.
In any event, on 2/26/2008, he posted this in his blog:
Doug Loudenback put a lot of time into hunting down the march4vote.org people and turned up more links to the West Coast for Voter Power, which also happens to be one of the e-mail aliases Rob Jones is using. That’s tenacity.
Rob Jones, by the way, has yet to appear at our office as promised. He also hasn’t responded to requests for any other proof of identity or residence.
For my part, I made two telephone calls on 2/26/08, to the number shown for Mr. Dellner in the Network Solutions report. An automated answering system does not apparently contain his name in the automated directory there, but I left a message saying who I was, left my phone number, and requested a call back. I'll let you know if I get that call back any sooner than Mr. Streuli gets his cup of coffee!
Update 2/27/2008 11:15 p.m. I've just received this e-mail, exactly as shown below:
Dell Hoo wrote:
If you have questions regarding my relationship with Chris Lopez [emphasis supplied ... this doesn't sound like the "Rob" who contacted Mr. Streuli (above)] and March4Vote.org or any of my other pro bono work why not just ask?
There's a DellHooWeb link in the site info area of every cause that we volunteer for. The Oklahoma City site is no different. They have a "webmaster" link and an reference to DellHooWebs right on their site.
I'm surprised that you went through all those unnecessary steps. All you had to do was scroll down and click the link.
I have already received several inquires from Oklahoma City and responded to each of them.
Similarly, if you have questions regarding DellHooWebs causes, associations, or involvement in the March4Vote.org site or any other site, just ask. You can call me, provide a phone number, or reply to this e-mail. I'm not sure how you left a message as you state on your site as I do not have an answering machine on that phone.
DellHooWebs is charitable work that I do in my spare time. It is not associated with my professional career and my employment information is not needed to reach me. Being contacted at work regarding DellHooWebs is inappropriate.
Thomas E Dellner 550 Stockton Street San Francisco, CA 94108 415-399-9794
To which message I replied ...
DellHoo (Thomas Dellner?), or whoever it is that you are or claim to be, I did ask.
I called the number you listed below [in the e-mail chain, it was "below", but here I've put the messages in chronological sequence], 415-399-9794, twice, yesterday. As it turned out, you are not in their automated voice mail system.
You asked "how" I could have left a message for you. Here's how: When it was observed that your name was not in the voice mail directory at that number (by typing in the first 4-5 letters of your last name as instructed and then being advised that none were there by that name), I pressed "0" [zero] as instructed and left a message with my REAL name, my REAL phone number, and requested a call back from YOU, Thomas Dellner. I called you nowhere else nor will I do so.
How about this ... you call ME at the number I left in the voice mail there: 405-830-xxxx [changed here for cell phone privacy – he got the real number in my e-mail reply]. My real name is Doug Loudenback. I live in Oklahoma City. I have a real Oklahoma driver's license and my Oklahoma Bar Association number is 5532. I will take your call if it is from area code 415, as you state below.
After March 4, it won't matter here, though it might to some Floridians or wherever else it is that you panhandle your phony "local" anti-arena websites. You were listed as being from St. Petersburg in the Florida website, right? That's a long stretch from San Francisco.
I am done with you unless YOU call me. I am, however, forwarding your message to local press people in Oklahoma City, should they be interested. You might offer to come by next week with them and have a cup of coffee.
Have a great day.
Doug Loudenback
Stay tuned! The above was copied to people at the Journal Record and Oklahoman.
If you've checked out the www.march4vote.org website lately, you see that it says that, "Chris, Dale, Eugene, & Rob," with strikeouts through the 1st 3 names ... only Rob (whoever he is, if he exists), and Thomas Dellner, are left to pour the cup for Mr. Streuli.
So, what's next? Google the phone number, of course!
Click the images below for a larger views
Which is here ...
Two "real" names appear in the above ... Googling the first produced nothing useful ... but for the other, Tom Dellner, well that's a different story.
Googling "Tom Dellner" shows this person works at the University of California San Francisco ...
Click the pics below for larger images
And going there shows ..
Making progress, but still no "smoking gun."
What about Googling "Thomas Dellner" "California" ... that popped this up:
Click the image for a larger view
Huh? What the heck is "PetitionOnLine.com?"
Click the pic for a larger view
It's yet another anti-public-funding-of-arena website, this one in Florida!
OUCH! It Hurts To Have One's Tongue Stuck on the Pole!
(Freezing pole burns may be better, though, than sucking on a bar of lye soap because of lies)
Will the Pretty San Francisco Bunny Please Come Out of the Closet In San Francisco?
(not whether gay or straight, which doesn't matter, but your identity as being an Okie, which does)
Welcome to Oklahoma City, California Okie, and Florida Adovcate Voter Power Tom Dellner! But, puhleeese, don't say that you are from Oklahoma City. Cause that's a really really big lie. You're working in the legal department of the University of California at San Francisco, right? Get to work on your legal ethics, my man. Your misrepresentations do not speak well for you. Or for California. Or for the University of California at San Francisco. Or for its Legal Department. Not even for the anti-March 4 vote people who are really from Oklahoma City.
You, My Man Voter Power, march4.vote.org/march4vote.com, are unmasked.
My Initial Analysis. I was doing a little reading in one of my favorite places, Dustbury, and read Charles's Hill's post entitled, "Not quite a slam dunk just yet." He linked to an "opposition vote" website, www.march4vote.org. I'd seen it before, after the story about its existence broke in the Tacoma, Washington's News Tribune on February 9, 2008. The article's headline reads, "Oklahoma group fights arena-funding initiative."
After looking at the content of the website, it looked to me like a class-based kind of place ("rich vs. not-rich"), and I pretty much dismissed it as being insignificant since its persuasive factor struck me as shallow, useless, and, therefore, harmless. I noticed then that the website does not identify its owners other than by first names. Since "last" names are not used, it is impossible to confirm that the "first" names mentioned are real, either. The only "real" persons identified by first and last names are those that the website takes aim at ... such as the person shown in the screen shot below:
But, reading Mr. Hill's article, I became more curious ... who is/are the anonymous people behind this website?
I decided to see what I could find using internet tools which help to identify a website's IP address and such.
Here are a few screen shots of what I found:
This one produced the following information about the IP address ...
Click the image for a slightly larger view
But, this one gave more detail, shown in the following screen shots ...
Click the image for a slightly larger view
... and scrolling down to see the right-bottom info box ...
Click the image for a slightly larger view
"Hmmmm ...," I wondered to myself ... I do that a lot ... why is the owner of the domain not identified there (in the last picture) ... soooo ... I decided to see what I could find on Network Solution's "Who Is" feature. The Network Solutions result contained a bunch of stuff not needed to be said here, but just for completeness, it reported the following:
Domain ID:D150868906-LROR Domain Name:MARCH4VOTE.ORG Created On:04-Feb-2008 06:59:25 UTC Last Updated On:04-Feb-2008 06:59:28 UTC Expiration Date:04-Feb-2009 06:59:25 UTC Sponsoring Registrar:Melbourne IT, Ltd. dba Internet Names Worldwide (R52-LROR) Status:CLIENT TRANSFER PROHIBITED Status:TRANSFER PROHIBITED Registrant ID:D120209926976479 Registrant Name:Voter Power Registrant Organization:Private Registration US Registrant Street1:P O Box 99800 Registrant Street2: Registrant Street3: Registrant City:EmeryVille Registrant State/Province:CA Registrant Postal Code:94662 Registrant Country:US Registrant Phone:+1.5105952002 Registrant Phone Ext.: Registrant FAX: Registrant FAX Ext.: Registrant Email:contact@myprivateregistration.com Admin ID:D120209926976476 Admin Name:Admin PrivateRegContact Admin Organization:Private Reg US Admin Street1:P O Box 99800 Admin Street2: Admin Street3: Admin City:EmeryVille Admin State/Province:CA Admin Postal Code:94662 Admin Country:US Admin Phone:+1.5105952002 Admin Phone Ext.: Admin FAX: Admin FAX Ext.: Admin Email:contact@myprivateregistration.com Tech ID:D120209926976478 Tech Name:TECH PrivateRegContact Tech Organization:Private Reg US Tech Street1:P O Box 99800 Tech Street2: Tech Street3: Tech City:EmeryVille Tech State/Province:CA Tech Postal Code:94662 Tech Country:US Tech Phone:+1.5105952002 Tech Phone Ext.: Tech FAX: Tech FAX Ext.: Tech Email:contact@myprivateregistration.com Name Server:YNS1.YAHOO.COM Name Server:YNS2.YAHOO.COM
Oh ... I forgot to add what appeared in the very end of the Network Solutions report ...
The previous information has been obtained either directly from the registrant or a registrar of the domain name other than Network Solutions. Network Solutions, therefore, does not guarantee its accuracy or completeness.
Show underlying registry data for this record
IP Address: 216.39.62.127 (ARIN & RIPE IP search) IP Location: US(UNITED STATES)-WASHINGTON-SEATTLE DMOZ no listings Y! Directory: see listings Web Site Title: March 4 Vote.org
Good Gawd! IP Location, US(UNITED STATES)-WASHINGTON-SEATTLE!
"We learned that domain name "VermontSenateRace.com" was registered with Melbourne IT LTD., a firm with an Emeryville, California, address, on October 5, 2005. Our Internet-savvy sources say it's a registry one would use if one wanted to "anonymize" ownership of the website. The purpose of an "anonymizing" service is to hide the tracks of whoever is really behind it. Anyone who signs up gets to use the Emeryville, CA post-office box as their website administrator's address."
Nowwwwww ... going back to that Tacoma, Washington, headline, "Oklahoma group fights arena-funding initiative," all one can do is to slap one's head and say to one's self, "I shoulda known!" It's the anonymous Okies who still live in California, or our anonymous cousin Okies who've moved on to Seattle!
Now, to be sure, does all the above mean that the anonymous people who are doing the www.march4vote.org website are absolutely NOT from Oklahoma City? No, not with certainty. But, if they are from Oklahoma and/or Oklahoma City, it's pretty clear that they have gone to very great lengths to cover their tracks. And they talk about accountability! And, recall again ... this organization became known to the world via the Tacoma News Tribune and also Seattle newspapers. One must wonder, why?
It is also fair enough to opine,
If it looks like a duck, and it walks like a duck, and it quacks like a duck, then it must be ...
... a duck
Postscripts after midnight following the day of this post:
Record Number of Hits Yesterday! I have a relatively small-internet-presence blog devoted to Oklahoma City History, a sub-interest, the NBA in OKC, and whatever else I may chose from time to time. So, compared to many blogs, the numbers of today's hits won't knock your socks off ... but ... for Doug Dawgz little feet it's very pleasing to note that on February 11, 2008, my "new record" of single-day "hits" was set ... 322 visits and 588 page views. For the really big-hitters like Okc's Dustbury, these numbers are just a pittance. But, for a relatively newbie blogger like me, it feels really good! Thanks to all who came!
A Special Note About The Seattle Times Sonics Board. Even though I've never registered there, nor have I ever posted there, I am well aware that one or more jerks has/have feigned my and other Oklahoma City internet poster identities at the Seattle Times Sonics Board as a ploy in their internet game of smoke and mirrors, creating deception and false blame. Hopefully, the readers of that board are sufficiently intelligent to see that they were/are being seen as being so damn dumb as not to be able to figure out what was actually going on by those who pose as others, including me. As for me, I have been the "benefactor" of more than one uncomplimentary pseudo-name by a fake-registrant on that board ... one of the fake names was "Doug Barebacker," which kinda describes the classiness of the Seattle Times Sonics Board itself -- though not a member of that board, many months ago I e-mailed the Seattle Times to complain but never got a response. The above post was mentioned in that board yesterday and, to one person, at least, the "Doug Barebacker" moniker was attributed to me one more time as having posted there before. This person is an obvious exception to what one would hope to be the higher-end level of intellect on that board in general. The Seattle Times doesn't moderate its Sonics Board even for extreme profanities (e.g., bestiality, anal sex references, etc., are all OK there) ... which says something about the Seattle Times organization itself. Anyway, back to the "thanks" part ... a goodly number of yesterday's total number of hits came directly from that board ... and, for that, I give a shout out to that board! Keep 'em coming and come on down! Every little bit helps, even if that was not intended!
Tuesday, February 12, 4:45 p.m. Update. While the "duck" analogy is nice, it would be better still were some more feathers to be plucked, so to speak. So, I've done some further looking. What I ran across this afternoon is this website that does "Reverse DNS Lookups," in addition to the more standard search methods (using an IP address and/or the domain name). Try it out for yourself ... go here and scroll down to the "Reverse DNS Lookup" area, and, there, type in 216.39.62.61 (previously identified as this place's IP address) and click the RevDNS search button ...
... and this is what you'll see ...
Wednesday, February 12, 8:30 a.m. OK, Maybe I'm Wrong About the IP Stuff! Damn, I hate it when it happens!
If you've read the Comments in this post, you know that an anonymous poster left a comment in the "Index" page area, which is not OK ... should have been left here ... and that it needed some cleaning up before I'd allow it to be posted.
I assume that it's the same Anonymous person who left another comment, again in the Index section, which is not OK. So, I'll just post it, unedited, here:
By Anonymous
You still don't get it, and you may end up looking very stupid because of it. "The location shown strikes me as not being ambiguous and is yet another piece of information which, by all appearances, links Seattle to the website in question. But, then again, maybe that's because of my lack of understanding. Perhaps you can speak to why Seattle, Washington, popped out as the location when using the reverse lookup."
216.39.0.0 is a NAT (Network Address Translation) Melbourne, IT is one of the world's largest registrar of domain names. They are the exclusive registrar for Yahoo! - Melbourne runs the 216.39 NAT. Your lack of understanding is way obvious. The 216.39 NAT IP has nothing to do with the site or it's owners. It's the domain registration. Melbourne is yahoo's vendor. Melbourne's servers happen to be in Seattle. In less than a minute you could find 1,000 sites that use the same 216.39 NAT thru Seattle. Go look up any Yahoo hosted site and you'll find it. Your total lack of understanding of how Domains, IPs, Hosting, and Servers work has left you completely exposed. If the people running the March4 site cared enough to find your blog, they could make you look like a total Bozo in about 2 seconds. You may want to rethink your approach to this.
Anonymous, Bozo is one of my middle names! While I'm never overly impressed or easily persuaded by anyone on the internet who feels the need to mask themselves with anonymity (you included), I'm frankly unconcerned what any of the owners of march4vote.org might think about what I've said here ... I might see it differently if they had the forthrightness to identify themselves ... just like I've always done, sometimes at my peril. On one occasion, a "MySpace" account was set up using my "profile" information here to create a scurrilous MySpace page which pretended that "he" was "me," down to date and place of birth, etc. It was ugly, and it was intended to be. On my request and after I'd learned of its existence, MySpace removed the account. For a time, this "poser," finding safe-haven at the Hornets New Orleans website, reveled in what he'd done (he was apparently from the Seattle area) and many there got a good laugh at my expense. While "anonymity" may be a safe path for cowards and bullies to take, it's not one that I've chosen to take for myself. It was also my choice to post your remarks here, verbatim, even though you didn't post your anonymous comment where you were advised to do.
Logical Analysis. The above said, I've got to admit that there is a ring of truth about Anon's comments, though, and he/she may well know what he/she is talking about. So, let's assume, for purposes of discussion, that Anon is correct and that the "Seattle, Washington" stuff reflected in two reports (Network Services when checking the domain name, and DNSstuff.com when doing the reverse DNS lookup) are totally superfluous in determining the REAL home of www.march4vote.org. If that be so what are we left with in determining whether these guys are really from Oklahoma City, or even Oklahoma? Let's have a look at a pair of facts:
1. The story about the organization broke in Washington newspapers. That almost certainly means that someone in march4vote.org contacted one or more Washington reporters to "break the news."
2. The group has not made itself known in any of the local (read that, Oklahoma City) media. There are plenty of media outlets in Oklahoma City other than the Oklahoman, assuming for purposes of discussion that the Oklahoman would decline to carry it.
What do these facts have to do with the question at hand, which is, "Who are these bozos?"
Reflect on this ...
YOU, as an Oklahoma City person or persons are opposed to the March 4 vote and you want to attempt to persuade other Oklahoma Citians to vote, "No." You decide to set up an internet site as a means of making your case. How would you go about doing that? Again, recall that your object is persuasion. What would YOU do?
WOULD YOU DO THIS ...
... OR WOULD YOU DO THIS?
First, you would contact reporters located in Washington State and announce your plans. You think that this will be persuasive to your fellow Oklahoma Citians and will help get the word out locally.
First, you would contact one or more (as many as would listen) local media outlets to announce your internet presence. You think that this will be persuasive to your fellow Oklahoma Citians and will help get the word out locally.
Second, you decide it would not be best to make contacts with members of the Oklahoma City media, since that wouldn't help with exposure to your thoughts as well as your internet presence for your intended Oklahoma City audience -- after all, you don't want to become a nuisance.
Second, you follow up on your initial announcement (made in Oklahoma City) with repeated attempts to obtain interviews with additional Oklahoma City news sources, be that one or more of the four sports talk radio stations in Oklahoma City, and or other media sources. You're glad to become a nuisance and get as much Oklahoma City attention as possible.
Third, you fill your website which is laden with negative innuendo about wealthy people who reside in and contribute to the community and slap 'em around a bit. That will show the rich guys that you mean business, anonymously!
Third, you fill your website with content which is not personality driven but which is idea driven, since you think that your ideas and reasons are solid and will be persuasive. You take the "high road" and don't get down into the gutter since that would detract from your purpose of persuading Oklahoma Citians that your ideas have substantive merit.
Fourth, you set up your website so that no trace of it identifies Oklahoma and/or Oklahoma City, but instead contains items which (to the uninformed) point to Seattle.
Fourth, so that you will be perceived as credible and local, you identify your website as being located in and operated out of Oklahoma and/or Oklahoma City. You don't want people to confuse what you are doing with some phony non-Oklahoma sources which take pleasure in smearing Oklahoma City.
Last, you decide not to tell anyone who you are since you already know that some people will believe anything they read, regardless of who it is that writes it. Beside that, you are a bit of a coward. Since you value stealth, you will feel good about yourself. So, all things considered, anonymity fits all of your needs.
Last, since you understand that most people are not stupid and want to know who is trying to persuade them, and, since you've taken the "high road" by talking only about your ideas and haven't gotten "personal" in the content of your communication, you identify "who" it is that "you" are. You understand that this will enhance your credibility. You understand that doing so is "gutsy," but you are not a coward, and you understand that your openness will improve your "standing". As a plus, you will also feel good about yourself.
Which path would YOU take?
Ohhhh ... you'd take the green path at the left?
... hmmmm ...
... verrry interesting ...
Saturday, February 16. This post has not been well received by all. I received a private message at Hornets/SonicsCentral.com which I'll chose to make "public" here, just so you can see the venom (as well as the intellectual content) that has and will come our way by the real bozos ... the complete "private message" reads like this:
Message from InClayWeTrust
Hey Doug, Great work on the site! Here's an image I created to help with the recruitment efforts of the Sonics!
Notwithstanding that the comment author's graphic skills are much less than pedestrian,InClayWeTrust's comment speaks for itself as to the intellectual and emotional content evidenced by the poster. The poster evidently thought that a "dead Honeybee" (eyes crossed with "Xs") was a nice touch. Is that type of feedback representative of New Orleans and Seattle? I hadn't thought so, but with that comment, it becomes harder to say ... you be the judge.
Any and all posters from New Orleans and/or Seattle wanting to disassociate or align themselves from InClayWeTrust will be immediately acknowledged. Are there any of you ready to do that, either way?
Following Thursday's Urban Neighbor's event at Cafe Do Brazil, on Saturday morning, 2/23/08, the venue for the Major League City campaign moved to the more fashionable (and roomier) Toby Keith's I Love This Bar and Grill in Bricktown! This post is largely eye-candy with a little tongue-in-cheek thrown in.
Hey, wait a minute ... I forgot ... some would say (wrongly) that Doug Dawg is an old guy, so that would include me!Most excellent!
After being dazzled by all the above, David Glover jumps the "No" ship, signs the big letter to the millionaire Commish, puts his arm around him, and says, "I will love you till the day I die." *
* Just kidding. He was there, cordially arguing his cause to the end to anyone who would listen. Important public service announcement: No media reports of suicides were made during this period of time ala the movie Airplane.
And then there was this guy, in the midst of having a serious wardrobe identity crisis ...
... but the drawing for a prize resulted in this fine young lady getting an Okc jersey ... uh, make that a dress ...
Here she is with her proud momma!
And, as I depart the premises, a good time was had by all!
There you go, TV Channels & Print Media ... Another Scoop by Doug Dawgz Blog!
In addition to offering some very fine munchies furnished by the restaurant, and a very nice presentation on the developments in Midtown, the closely packed group (it's a pretty small area on the 2nd floor of the restaurant) was treated to a short talk by Roy Williams, President of the Greater Oklahoma City Chamber of Commerce, upon the merits of the March 4 Ford Center expansion/remodeling vote. Among many others, the venerable reporter Steve Lackmeyer was present on behalf of The Oklahoman. Some TV station's camera people were present, but I don't know which one.
Mr. Williams also fielded questions by those in attendance, and there were many. Peruse the pics that I took and get a taste of the meeting ...
Click on any image below for a larger view
Roy Williams, President of the Greater OKC Chamber of Commerce
After his preliminary remarks, Mr. Williams invited questions. Mostly, he got questions from those who were inclined to vote, "Yes," but he got some from David Glover who spoke at the Oklahoma City Council meeting on Monday ... David has posted a comment to another post here, and, as I explained in a responding comment, as soon as he sends me a link to where people (me, you, anyone) taking issue with his comments can be posted which discuss and/or debate his observations, I'll allow his and other such comments (with the same qualification) to be posted here.
David Glover Questions Roy Williams
David expressed some well-intended and conscientious concerns. He voiced them in his questions to Mr. Williams but as the Q&A progressed the "discussion" began to take on the tone of a "debate," which was not the fare for this evening's meeting. Still, after going a bit further than perhaps he should have in that regard, I'll give David credit in knowing when to stop, which he did. I'd say that he was "gentlemanly" in the manner in which he conducted himself and he's got my respect for that.
Stupid Doug Dawg could probably have taken lessens from him since he (I) felt the need to "get engaged" in the discussion and did so. I think that I'll just skip over that embarrassing stuff since, after all, this is my blog and I have the control!
In any event, it was a good evening and time was well spent. Mr. Williams, I think, is a credit to his organization, and I'm pleased to have met him for the first time this evening. Same is true for David Glover who I also met this evening ... he is also a credit to the opposition.
Columnist Berry Tramel, who got our hopes up waaaay too high while the Hornets were in town ... we'll, maybe our wishful thinking helped with that, as well ... finally got it right. In today's Oklahoman, he wrote:
City's major league future hinges on March 4 election By Berry Tramel Wed February 20, 2008 The Oklahoman
The NBA is up to us.
Us being the registered voters of Oklahoma City, who on March 4 will decide whether the Seattle SuperSonics relocate to the Ford Center and OKC becomes America's 45th major-league city.
Did you read that clearly?
Once, Oklahoma City's NBA dreams rested in the power of others. The whims of an individual, like George Shinn. The response of another city, like Seattle. The weather, which cast a plague upon New Orleans and gave Oklahoma City a chance to shine. David Stern's NBA itself.
No longer. The power is ours. The Sonics are coming, if OKC says come on.
It's up to us. If the voters want a team, they've got one. Pass that March 4 sales-tax extension, which would renovate the Ford Center, and that's the day of transformation.
The day Oklahoma City goes permanent major league.
No other result is possible after the revelations of the past few days. The NBA has played its cards, with the commissioner saying it's over in Seattle. Seattle officials admitting as much, even to the point of talking about negotiations to break the KeyArena lease.
Stern last weekend revealed that the Sonics had made a $26 million buyout offer, which was rejected, and here was a response from Seattle city council president Richard Conlin, according to the Seattle Post-Intelligencer: "As an opening gun in negotiations, while it's not an offer we'd accept, it's not that far from a credible offer. So I don't think it's a bad-faith effort on their part.”
That's a civil thing to say, and civility has been in short supply from Seattle officials during the last year.
The sides appear on the verge of genuine communication, now that the Sonics' exit is inevitable, and the only question is where are they going.
The answer is Oklahoma City, if March 4 goes yes, or who knows, if the vote goes no.
Early polls say the vote will pass. Both sides have valid points.
The yes side says Oklahoma City would be transformed, and that's no doubt true on this level: It would elevate us into that rare club of major-league cities, and while we can debate the benefits of rubbing shoulders in public perception with the likes of San Antonio and Kansas City and Nashville — if not New York, Chicago and Los Angeles — it is absolutely certain that those shoulders will be rubbed.
The no side says public money should not be used to pad the pockets of millionaires (a bogus claim) or build facilities that only a certain segment of the population can afford to use (much more legitimate charge).
When someone asks how much Clay Bennett, Aubrey McClendon and the other Sonic owners are going to contribute to the NBA-in-OKC cause, there's an easy answer: $400 million, for starters.
That's about what they've spent so far in reaching this point, with more to come.
They (over)paid $350 million for the Sonics in the first place, which insured an Oklahoma City group owned an NBA franchise, then they spent millions more on trying to get a new arena in Seattle.
Whether or not anyone believes they truly wanted to stay in Seattle or not, those millions were spent. And now it's going to cost them tens of millions more to leave early.
Truth is, $121 million, the estimated price tag on the Ford Center vote, is a pretty cheap price to join the Major League Club.
But again, people who argue there are better ways to spend tax money are not nuts. It's possible major-league status isn't worth it. I think it is, but I could be wrong.
Some say the Sonics could come even if the vote fails, but I don't see it.
Oklahoma City, like San Antonio and Salt Lake City, is a marginal NBA market even with all oars rowing. And that includes an elite arena.
No way the NBA settles for the current Ford Center, which was a glorious short-term solution for the Hornets and has been a steal for Oklahoma City at $90 million. But the Ford Center is not a long-term NBA solution.
If the March 4 vote fails, then Stern and his board of governors say, no way, let's try San Jose. Or Kansas City. Or most likely Anaheim.
The NBA does not want another Sacramento, a market crazy about its product but playing in an arena that won't sustain the league's Monopoly-money economics.
If the March 4 vote fails, my guess is Bennett and Co. withdraw the relocation application and eventually sell to the highest bidder. Someone who doesn't live in the 405 area code.
So this is the chance. This is the opportunity to go major league. It will not pass this way again for perhaps decades. We've got local owners, in possession of a franchise that can be moved, to a market hot on the NBA's radar.
All that's missing is this vote. It's up to us.
I've generally not been a big fan of Berry Tramel's NBA future-fact predictions, but the above article is spot on and hits the nail right on the mark, and whether Okc becomes an NBA city is truly in our hands. On March 4. On March 4, we will know. We will not see another March 4 in our lifetimes ... at least, I won't in mine.
This space in time presents one of those rare convergences of events that one rarely sees duplicated in one's lifetime and I think that our Mayor shares that perception. That sounds dramatic if not melodramatic, but I really think that it is actually just such a thing. Consider the following ...
1. MAPS. In Okc, Mayor Ron Norick's Maps initiative was passed in 1993. In 1998, it became evident that the generated revenue would not fund the arena element of the plan. Norick's successor, Mayor Kirk Humphreys, was elected on the proposition of finishing Maps "right" and when the 6 month Maps extension passed what would become the Ford Center became funded. Construction started in 1999 and the arena opened June 8, 2002, as the Ford Center. But for this, all else which follows would be irrelevant and we'd not be having this discussion today. The NBA would be irrelevant to us as a city. But for some preliminary discussions between Mayor Cornett and the NBA Commissioner pre-Katrina, we weren't even on the NBA's radar -- David Stern suggested that we consider approaching the NHL instead. As it would develop, those early conversations lead to something completely unexpected and unforseen.
2. Katrina. Katrina hit New Orleans in late August 2005 making it impossible that the Hornets play in New Orleans for the 2005-06 season. In September, a deal was struck that Okc would host the Hornets as the home for most home games during the season. Before that was agreed upon, the Commissioner suggested Okc to George Shinn who said, "Oklahoma where?" George learned where even though he could not remember the city's name at the opening regular season game (even though 2 pre-season games had already been played here). Season ticket sales in Okc amazed the NBA world. Corporate sponsorships did, too. As for the fans, the Hornets opening pre-season game in Oklahoma City occurred on October 23, 2005 ... my 1st NBA game.
3. Amazing OKC! The 2005-2006 Hornets season in Okc amazed not only the NBA world, but Oklahoma Citians, as well. Me included. Oklahoma City fans poured into the Ford Center with sellout and/or near sellout attendances for most of the games, despite the abysmal Hornets 2004-2005 season of 18 wins and 64 losses. "Loud City" was born. In time, Berry Tramel virtually promised Okc that the Hornets would not be returning to New Orleans. Why should they? A hidden gold mine had been discovered in Oklahoma City. Shinn wanted to stay .... at least for one more season but other reliable reports indicate that he wanted to stay permanently. They did stay one more season. An effort was made by Clay Bennett et al. during the 1st season to acquire an interest in the the Hornets. A "handshake" deal was announced by Berry Tramel. Whether so or not, the "deal" didn't happen. Oklahoma Citians owned nothing in and of the NBA.
4. Not until July 18, 2006. That's when Professional Basketball Club LLC (Bennett et al.) purchased the Sonics and Storm from Howard Shultz, Starbucks coffee magnate. Clay Bennett announced his intention and preference to keep the teams in the Seattle, but with conditions: A new arena (other than the Key) and a new contract were required to be agreed to by October 31, 2007. Otherwise, all bets were off.
5. Washington passes. Bennett's group spent a good bit of money, hiring perhaps the best arena design firm in the country, to come up with a plan, and a location was found in Renton. Bennett did not initially want the matter be presented to a vote of the people, Seattle's Proposition 91 being fresh in memory. During the legislative session, he relented and agreed that the proposed legislation which would partially fund the new Renton arena be submitted to a vote of the people. Notwithstanding, in the Legislature, the proposal died in committee, and the legislative approach was dead.
6. Thumb-twiddling. Other not-very-serious initiatives occurred but nothing really happened as the October 31, 2007, "deadline" approached and, then, passed by. On November 2, 2007, Bennett's group petitioned the NBA Board of Governors to move the teams to OKC. Later, the Storm (the women's team) was sold to a Seattle group and then it was just down to the SuperSonics.
7. Litigation. Without reviewing the history of the litigation which ensued, suffice it to say that Seattle's litigation to enforce a specific performance provision in the lease which expires in 2010 is set for trial in June 2008. The litigation will determine whether the Sonics can leave and pay monetary damages if they want to leave before the end of the lease, or whether the specific performance elements of the lease are to be enforced so that the team would be required to stay in Seattle through 2010.
8. The Mayor Talks With NBA. In December 2007, Mayor Cornett engaged in discussions with the NBA (David Stern, Commissioner, and his aides, most probably). The NBA let the mayor know what Oklahoma City's "terms of entrance" into the NBA would be. The Mayor acted and placed the March 4 vote on the City Council's January 2008 agenda and the Council decided that the matter would be decided on March 4 by a vote of the people, notwithstanding the haste with which the proposal had been put together.
9. Settlement? In the meantime, the Sonics offered Seattle $26.5 M and the privilege of keeping the team's name in exchange for an early exit. Seattle declined. Whether additional buy-out negotiations will occur and/or succeed is anyone's guess. But, the offer and the offer's rejection was enough for Commissioner Stern.
10. Stern Speaks. Saturday, February 16, Commissioner Stern as much as said that the Sonics would be moving from Seattle, as soon as the pending litigation and/or settlement of that litigation would allow, and that could be as early as the 2008-2009 season. While the Commissioner was rather clear about that, he was less clear about where the Sonics might be moving to. While Oklahoma City may be inferred/presumed, if the March 4 vote does not pass, it may well be elsewhere than Oklahoma City.
11. The March 4 vote occurs.
12. BOG Meets. The Board of Governors meets in April 2008 to determine its decision on Bennett's group's request to relocate to Oklahoma City.
Each of the above points is important in the chain which has led to today. The points range from "act of city" (Maps), "act of God" (Katrina) and the other "acts" by those described above.
Whether these events are serendipitous or fate or god based, I am not in a position to say. But, it is my very serious guess that the confluence of these events will not occur again for a very very long while.
What it all adds up to at this point is simple: Oklahoma City faces a door on March 4. If Okc opens that door, Okc has an NBA team. If it doesn't, Okc says goodbye to the NBA for the foreseeable future.
Why I'm voting yes Wednesday, February 20, 2008 By Bill Bleakley
On March 4, Oklahoma City voters will decide whether to extend the MAPS for Kids penny sales tax expiring in December 2008 for a year to fund improvements to the Ford Center and for another three months to fund a practice facility if the NBA selects the city for a team.
The first year is expected to generate $97 million for the Ford Center improvements and, if extended three months, an additional $18 million to build the practice facility.
I'm voting yes for the tax extension, and here's why: First, the Ford Center is a key element of our downtown economy. Although we depend on conventions to bring in people from outside Central Oklahoma to spend dollars downtown, it's the Ford Center that brings in folks from neighboring cities and counties to spend money while attending the multitude of events it hosts.
The Ford Center has always been considered a work in progress. While its basic infrastructure is adequate, there were not sufficient monies in MAPS to fully dress it out with the amenities that are necessary for a state-of-the-art arena. Whether or not we get an NBA team, the city still benefits from making these needed improvements.
Finishing the arena will attract more events and generate greater attendance, satisfaction and spending from all events. Landing an NBA team because of the improvements is more than icing on the cake.
An NBA team provides a level of recognition that would help Oklahoma City transcend the negative stereotypes with which we are usually associated, such as dust bowls, tornadoes and a bombing. Only 29 cities in the world have an NBA team, and we could be one of them.
Some opponents to the tax extension feel that the owners of the Seattle SuperSonics have more than enough money to pay for these improvements themselves and should do so. Such an approach is not realistic.
Locating NBA teams is a seller's market. Despite Seattle's reluctance, there are other cities ready to use public financing to get a team. Just over our shoulder is Kansas City, Mo., with a facility ready to go.
The bonus we get with the Sonic owners is that they are our rich guys, who, hopefully out of civic loyalty, will be less likely to pull up the team and move it to another venue in the future.
There's another important advantage to full-public ownership of the arena. The taxpayers' representatives can better negotiate at arms length on the rent to be charged to all users. Jim Couch, city manager, and Tom Anderson, who oversees Ford Center contracts, have made assurances that the city will be getting fair-market rent from all users, including an NBA team. They are honorable men and we take them at their word, although we'll still be watching.
Some voters question why just the citizens of Oklahoma City should pay for the improvements to the Ford Center arena when it is enjoyed by citizens throughout Central Oklahoma. This concern is lessened by considering that the city gets the sales tax revenues from the arena and surrounding businesses.
If the voters of Oklahoma City impose this sales tax upon themselves to upgrade the Ford Center arena to NBA standards, an important quid pro quo should be repealing the statute passed in 2006 to accommodate the temporary relocation of the New Orleans Hornets that exempted sales taxes on NBA ticket sales.
Oklahoma granted that exemption out of compassion for the unique - situation the Hornets were in. Now, let's get to business by extending the penny sales tax, making the improvements, rescinding the sales tax exemption, getting the team and playing ball. Everybody wins!
The kickoff party for the March 4 Ford Center vote started at 7:00 p.m. on February 17 at Buffalo Wild Wings on Northwest Expressway ... click the image below to go to the Big League City website ... or here for the Chamber's Big League City website.
The hopes, if not expectations, of Oklahoma City becoming an NBA city were (coincidentally or not) buoyed by NBA Commissioner's comments to the media in his "State of the NBA" press conference remarks yesterday ... Seattle is done and Oklahoma City is the almost certain replacement. For some text of the Commissioner's remarks (but not "complete" as that website describes), go here. No shortage exists on the internet about this press conference ... here is another example.
With this backdrop, the Ford Center March 4 kickoff event occurred tonight at Buffalo Wild Wings. Here are a few pics ... excerpts from David Stern's press conference are interspersed with the pics ...
Click any pic for a larger image
QUESTION: Are you more or less equally pessimistic about the situation in Seattle than you were this time last year? And is the Union comfortable with discussing relocation next month given the state of the lawsuit in June?
COMMISSIONER STERN: You know, it's interesting to me, it's apparent to all who are watching that the Sonics are heading out of Seattle. There's not going to be a new arena. There's not going to be a public contribution, and that's everyone's right. I mean that sincerely. So the only question now becomes, is the court going to rule that you can fulfill the terms of the lease by paying money for the remaining two years after this? Or, despite everything, there is some reason to keep them there as the clock winds down. ... continued below
... continued from above To try to compromise the issue I have urged and supported the Sonics to make an offer to Seattle that would both pay the remaining two years of the lease after this, and an offer to pay the remaining bond outstanding indebtedness, that will remain even after the team leaves were it to still stay there for two more years after this, which approaches $30 million. All I can tell you is that in response to that request by me, the offer was made, and it was rejected. I think it's bad public policy. ... continued below
... continued from above I feel actually badly that the team, when it leaves either now or in two years, is going to leave behind an unpaid debt which the city has. The team's not going to leave it behind, but the city's still going to have a debt on the building. And the Sonics have offered to pay it off. The city says no, and so we'll see. ... continued below
... continued from above But I don't feel uncomfortable. We know how to observe court orders and we do a pretty good job of that. So if the court says they're not free to just pay and leave, then they won't just pay and leave. ... continued below
... continued from above But if they are, then they'll be gone and there will be two years of payment, and the city will not have the benefit of the $30 million or so and other things that would be worked on if there were an amicable solution to that.
... continued from above Indeed, even recently as I read the newspaper occasionally, the Speaker of the House was heard to say that if the university wanted a new stadium, that was certainly a good reason to consider extending the tax that helped build the baseball and football stadiums, but certainly not for the Sonics. And into that sort of wind, it doesn't make a lot of sense to sail.
QUESTION. You seem convinced that they're going to leave?
COMMISSIONER STERN: I see nothing -- I don't know why anyone would expect in the absence of what they've been saying all along, which is funding for a new building of some kind and a plan for it that they would be staying. I accept that inevitability at this point. There is no miracle here.
QUESTION: I wanted to get back to Seattle really quick. Do you think or suspect that the reluctance for public financing of any kind up there is directly related to the current ownership, much like in Charlotte there seemed to be resistance with that?
COMMISSIONER STERN: No, absolutely not. They're equal opportunities deniers of aid. Howard Schultz, who was a resident of Seattle, who owned the team previously, who invested time and energy leading lobbying efforts at the city council, at the county level and at the state level, was unsuccessful. Clay Bennett actually spent more money, developed more plans, made more visits, and the answer was no, no, a thousand times no.
Sooo ... In exchange for an early (after this season) exit, Clay Bennett's group offered to chip in $26-27 Million to Seattle which would pay off the Key Arena's bond debt. Seattle said, "No." A thousand times. No.
Where does that leave Oklahoma City?
Duh! It leaves us "here": If the March 4 vote passes, we got us an NBA team! Hooahh!
And, by the way, I enjoyed seeing and rubbing elbows with all of you "despicable" people last night! Huh? "Despicable?" So says commenter Steve H who identified himself as being with www.mapsformillionaires.org ... see the comments, below.
With all the hubbub going on about the Ford Center Vote (and before that the various Centennial events, etc.), I've strayed a bit from my blog's principal focus ... Oklahoma City history. But, trust me, I've got some great projects "in progress" ... and they will come ... but not today, not yet. Those "great projects" are pretty time-consuming to put together, and, most likely, they'll have to wait until after the Ford Center vote on March 4.
Today, it is timely to mention what promises to become a great Oklahoma City blog which focuses on downtown and/or downtown development, which I'll get to in just a minute. But first, as this is a "history" blog, it is proper to note that the new blog is reminiscent of the venerable and great The Downtown Guy & his Downtown blog ...
But, as you can see from the above screen shot of the anonymous masked man's most recent post, the last post he made was on October 17, 2006! One of my first posts here was called, "Superman's Back!", but, alas, he went back into hibernation shortly thereafter. During his prime, he blogged on just about everything important to the city, be that the history of Delmar Garden or things more contemporary. Until his blog link no longer works, I'm leaving a light on in my left-side Downtown Links for him to find his way home one day.
But, wait ... who's that guy over there ... that blog ... might that be ... can that be ... The NEW Downtown Guy?
While he may not yet be able to leap tall buildings with a single bound (like The Downtown Guy did ... or so I claimed), Steve Lackmeyer, longtime business and downtown writer for The Oklahoman, may be just that, the New Downtown Guy! While he's barely had time to begin, his current post discusses and compares Bricktown to Dallas' once bustling but now not West End ... I've "shrunk the kids," below, but larger images are in Steve's blog post at blog.newsok.com/okccentral ...
Before ...
... and after
This is not Steve's first venture into blogging and/or web page stuff ... he and Jack Money already have such a thing for their most excellent book, OKC: 2nd Time Around, and their Oklahoma City History website, okchistory.com ...
Even though Steve's new blog will lack the glorious independence of The Downtown Guy since it is part of The Oklahoman's offerings, and, hence, the hall monitors lurking around there may have something to say about content, that fact will hopefully not prevent really good stuff being done and my hope is that the NEW Downtown Guy will have been found!
OTHER GREAT OKC PLACES TO VISIT. While I'm talking about Lackmeyer's new adventure, I'd be remiss if I didn't mention in the same breath some other great places to go on the internet for hot stuff about Oklahoma City! With no disrespect to those I'm not mentioning below, here are some of my favorite places ...
Jason Bondy's Photo Blog. This great blog, http://radio51.blogspot.com, contains some of the most high quality, elegant and interesting photos in and around Oklahoma City. Just looking today, I see this interesting picture which anticipates Valentine's Day ... for the guy in a hurry! I've shrunk the pic ... see his Valentine's Day post for the real deal ...
Jason's pics are always excellent, fun, sometimes breathtaking when appropriate (e.g., buildings, landscapes).
Adam Knapp's About OKC.com. Adam's blog is sort of a one-stop-shop for current events, articles, finding hotels, getting tickets, etc., in Oklahoma City ... correct web addresses are either http://okc.about.com/ or http://okc.about.com/b/, I don't think it matters.
Since Dustbury's founding on April 9, 1996, and as of this moment, his Sitemeter counter shows that his blog has been visited a mere 1,499,405 times! While Dustbury isn't only about Oklahoma City, when you're having a sleepless night and you get tired of hearing me spout off about the NBA in OKC, or whatever, go there for refreshment, as others have already done one and one-half million times!
Forums. And when you actually want to "talk" (or simply read what other {usually} nameless talking-avatars have to say), three places make my "must do" list ...
www.okctalk.com This is the city's oldest and largest and most active talk forum.
www.okmet.org This is Oklahoma City's 2nd oldest talk forum and is a good place to go.
Doug Dawg is on the campaign trail for the March 4 Ford Center Vote! Except for one background pic, all Okc images in the above flash file were taken in or around the Ford Center by me or daughter Mary Dawg during the Hornet's 2 seasons in Oklahoma City. Links: Chamber's Big League City MySpace Page Chamber's Big League City web page
It's Time To Leave Our Mark (Again). With all of the development going on in Downtown, Midtown, Bricktown, and the Triangle Area, all of which is costing developers some mighty big bucks to get their various projects underway, how 'bout if you and I spend some of our own coin ... say $100,000,000 to $121,000,000 ... to do the same?
To see what $100-121M or so will buy, and some thoughts as to why, click the "Play" button below, after the video loads ...
DO YOU WANT IT TO COME BACK? DO YOU WANT IT TO STAY?
Our Mayor, Mick Cornett, thinks we should extend the M.A.P.S. tax to accomplish this project and Doug Dawg thinks the same right along with him.
On December 20, 2007, Mayor Cornett unveiled his plan to submit to the City Council his vision for taking Oklahoma City to the "next level" by his proactive ... and preemptive ... initiative to extend the M.A.P.S. penny sales tax for a year or better to improve Oklahoma City's Ford Center to high-end NBA specifications. See this Oklahoman article for more about that. On January 2, 2008, a more specific proposal was submitted to the City Council and it unanimously decided to submit the matter to a vote of the Oklahoma City citizenry on March 4, 2008, about a month before the decision by the NBA Board of Governors upon the request by the owners of the SuperSonics & Storm to relocate the teams (at least the Sonics) from Seattle to Oklahoma City as soon as possible, given that and even though the specific performance litigation remains pending in the State of Washington. If approved by the voters, the sales tax extension would become effective on January 1, 2009, the day after the MAPS for Kids temporary sales tax expires.
The Power Point graphic presentation to the City Council was prepared by the Benham Companies (which designed the existing Ford Center). The full presentation is available in PDF format at Oklahoma City's website but that version lacks any bells and whistles. I've put in a few, including a tune to listen to as the above file is played.
CHANGE DETAIL. The various changes, in square feet, at different levels of the Ford Center, are shown in the following flash graphic. Click a Button to move to an area you want to see. In each slide, click the Ford Center graphic for a larger view.
OPINIONS. Does everyone in Oklahoma City favor adoption of the 12 to 15 month penny sales tax extension? Not at all ... some members of the Council may not even favor passage, even though all agreed that it should be submitted to the voters for decision. For various viewpoints, see this thread at OkcTalk.com for various points of view. A similar thread at OkMet.org tends to be more supportive of the measure, overall.
Unscientific "Polls" are being run at various Oklahoma City websites. Those I've noticed are shown below:
Journal Record (if that link does not show the poll results, then start here and scroll to page bottom and click "View Poll Results" ... and vote if you've not done so, if you wish)
This blogger's opinion is that Mayor Mick has demonstrated exactly the same kind of leadership that Mayor Ron Norick did to get our then sleepy and rather useless downtown jumping right into the latter part of the 20th Century ... in Mayor Mick's case, the 21st.
THE ORDINANCE & THE BALLOT. PDF versions of Ordinance No. 23,520, and the approved ballot form, are at Oklahoma City's website. I've OCR'ed both, hopefully with no errors, and they appear below:
THE BALLOT. It reads as follows ...
BALLOT TITLE FOR ALTERNATIVE #2
EXHIBIT A BALLOT TITLE FOR SPECIAL ELECTION
SHALL ORDINANCE NO. 23,520 ("ORDINANCE") OF THE CITY OF OKLAHOMA CITY ("CITY") BE APPROVED?
The Ordinance levies a limited-term excise tax of 1% on the gross proceeds or gross receipts derived from all sales taxable under the sales tax laws of the State of Oklahoma. The Ordinance states that the tax may be expended only for providing or improving City sports facilities and lists certain sports-facility-related improvements, costs, items, articles, expenses, reimbursements, paybacks, and payments that may be funded. The Ordinance permits funding of a basketball training facility, but provides the training facility shall not be funded unless, prior to June 1, 2009, a National Basketball Association team has executed a lease or other contract to locate in or relocate to the City. The Ordinance states that expenditures may be commenced, continued, completed, or concluded, in whole or in part, as and in the order deemed appropriate by the City Council. The Ordinance creates the "Oklahoma City Sports Facilities Sales Tax Fund." The Ordinance sets forth the term for the tax, which is a period of 15 months or 12 months, commencing at 12:00 a.m. on January 1, 2009, and ending either at 12:00 a.m. on April 1, 2010 (15 months) if the basketball training facility will be funded, or in the alternative, at 12:00 a.m. on January 1, 2010 (12 months) if the basketball training facility will not be funded. The Ordinance requires that, by not later than June 1, 2009, the City Council shall declare whether or not the basketball training facility will be funded, with notice of the corresponding ending date for the tax to thereafter be given in writing to the Oklahoma Tax Commission by the City Clerk. The Ordinance provides for codification and an effective date for certain sections thereof if City voters approve the Ordinance prior to January 1, 2009. The Ordinance declares an emergency.
FOR THE ORDINANCE—YES [ ]
AGAINST THE ORDINANCE—NO [ ]
THE ORDINANCE. As is made clear by text contained in the Council's Ordinance # 23,520, a majority of votes cast will determine the "Yes" or "No." Here's the full ordinance:
SPORTS FACILITIES SALES TAX ORDINANCE ALTERNATIVE #2 (Published in The Journal Record January 3, 2008)
ORDINANCE NO. 23,520
AN ORDINANCE AMENDING THE OKLAHOMA CITY SALES TAX CODE, CODIFIED AS ARTICLE II OF CHAPTER 52 OF THE OKLAHOMA CITY MUNICIPAL CODE, 2007; SETTING FORTH FINDINGS; ENACTING SECTION 52-23.3 OF ARTICLE II OF CHAPTER 52, LEVYING AN ADDITIONAL EXCISE TAX OF ONE PERCENT (1%) ON THE GROSS PROCEEDS OR GROSS RECEIPTS DERIVED FROM ALL SALES TAXABLE UNDER THE SALES TAX LAWS OF THE STATE OF OKLAHOMA; SPECIFYING THAT THE TAX MAY BE EXPENDED ONLY FOR THE LIMITED-PURPOSE OF PROVIDING OR IMPROVING CITY SPORTS FACILITIES, WHICH MAY INCLUDE WITHOUT LIMITATION THE FUNDING OF CERTAIN IMPROVEMENTS, ITEM(S), ARTICLE(S), COST(S), EXPENSE(S), REIMBURSEMENTS, PAYBACKS, OR PAYMENTS, AS LISTED IN THE ORDINANCE; AUTHORIZING THE FUNDING OF A BASKETBALL TRAINING FACILITY, SUBJECT TO THE PROVISO THAT THE BASKETBALL TRAINING FACILITY SHALL NOT BE FUNDED WITH THIS EXCISE TAX UNLESS, PRIOR TO JUNE 1, 2009, A NATIONAL BASKETBALL ASSOCIATION (NBA) TEAM HAS EXECUTED A LEASE OR OTHER CONTRACT TO LOCATE IN OR RELOCATE TO THE CITY; SPECIFYING THAT THE EXPENDITURES FOR PROVIDING OR IMPROVING CITY SPORTS FACILITIES MAY BE COMMENCED, CONTINUED, COMPLETED, OR CONCLUDED, IN WHOLE OR IN PART, AS AND IN THE ORDER DEEMED APPROPRIATE BY THE CITY COUNCIL; CREATING THE "OKLAHOMA CITY SPORTS FACILITIES SALES TAX FUND;" PROVIDING A LIMITED TERM FOR THE ADDITIONAL EXCISE TAX LEVIED BY SECTION 52-23.3, WITH THE LIMITED TERM COMMENCING AT 12:00 A.M. ON JANUARY 1, 2009, AND ENDING EITHER FIFTEEN (15) MONTHS OR TWELVE (12) MONTHS LATER, DEPENDING UPON WHETHER OR NOT THE BASKETBALL TRAINING FACILITY IS FUNDED; STATING SPECIFIC ENDING DATES FOR THE EXCISE TAX, DEPENDING UPON WHETHER IT IS A FIFTEEN (15) MONTHS OR TWELVE (12) MONTHS TAX; , STATING THAT THE CITY COUNCIL MUST DECLARE BY RESOLUTION PASSED BY NOT LATER THAN JUNE 1, 2009, WHETHER OR NOT THE BASKETBALL TRAINING FACILITY WILL BE FUNDED WITH THIS EXCISE TAX, AND WITH THE CITY CLERK TO THEREAFTER NOTIFY THE OKLAHOMA TAX COMMISSION OF THE CORRESPONDING ENDING DATE FOR THE EXCISE TAX; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE FOR SECTIONS 1 AND 2 OF THIS ORDINANCE; AND DECLARING AN EMERGENCY.
EMERGENCY ORDINANCE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OKLAHOMA CITY:
SECTION 1. That Article 11 of Chapter 52 of the Oklahoma City Municipal Code, 2007, is hereby amended by the enactment of a new Section 52-23.3 to read as follows:
§52-23.3. Additional excise tax on gross receipts for funding City sports facilities.
(a) In addition to and cumulative of the excise tax of two percent levied by Section 52-20 of this chapter upon the gross proceeds or gross receipts derived from all sales taxable under the sales tax laws of this state, the excise tax of three-fourths percent levied by Section 52-21 of this chapter upon the gross proceeds or gross receipts derived from all sales taxable under the sales tax laws of this state, and the excise tax of one-eighth percent levied by Section 52-22 of this chapter upon the gross proceeds or gross receipts derived from all sales taxable under the sales tax laws of this state, a limited-term excise tax in the additional amount of one percent (1%) is hereby levied upon the gross proceeds or gross receipts derived from all sales taxable under the sales tax laws of this state, including but not limited to the specific taxable sales and service transactions enumerated in Paragraphs (1) through (11), inclusive, of Subsection (a) of Section 52-20 of this chapter.
(b) The additional limited-term excise tax levied pursuant to Subsection 52-23.3(a) above may be expended only for the limited purpose of providing or improving City sports facilities, which may include without limitation the funding of improvements to the Ford Center; the funding of a basketball training facility, provided, the basketball training facility shall not be funded with this excise tax unless, prior to June 1, 2009, a National Basketball Association (NBA) team has executed a lease or other contract to locate in or relocate to the City; the funding of incidental or related real or personal property acquisition costs, real property interest acquisition costs, administrative costs, architectural costs, engineering costs, consulting costs, demolition costs, and legal costs; the funding of any or all other item(s), article(s), cost(s) or expense(s) incidental or related in any way to providing or improving City sports facilities; the funding of reimbursements or paybacks for expenditures made by a public trust with the City as a beneficiary for the purpose of providing or improving City sports facilities; and if deemed necessary or appropriate by City Council for cash-flow purposes, the payment of principal and interest on and the costs of issuance of bonds, notes, lines-of-credit, or other evidences of indebtedness issued by a public trust with the City as its beneficiary for the purpose of providing or improving City sports facilities.
(c) The expenditures for providing or improving City sports facilities authorized under Subsection (b) of this section may be commenced, continued, completed, or concluded, in whole or in part, as and in the order deemed appropriate by the City Council.
(d) Pursuant to authority of 68 O.S. § 2701(B), there is hereby created a limited-purpose-fund to be known as the "Oklahoma City Sports Facilities Sales Tax Fund" (hereinafter the "Fund") into which all revenues collected pursuant to Subsection 52-23.3(a) above shall be deposited. Money in the Fund shall be accumulated from year-to-year. The Fund shall be placed in an insured interest-bearing account and the interest which accumulates on the Fund shall be retained in the Fund. The Fund shall be non-fiscal and shall not be considered in computing any levy when the City makes its estimate to the excise board for needed appropriations. Money in the Fund shall be expended only as accumulated and only for the limited-purpose specified in Subsection 52-23.3(b) above.
(e) The additional excise tax levied pursuant to Subsection 52-23.3(a) above shall be for a limited term commencing at 12:00 a.m. on January 1, 2009, and ending as follows:
(1) If the basketball training facility referenced in Subsection 52-23.3 (b) of this section will be funded with this excise tax, then the excise tax shall end fifteen (15) months after commencement of the tax and, specifically, said tax shall end at 12:00 a.m. on April 1, 2010; or in the alternative,
(2) If the basketball training facility referenced in Subsection 52-23.3 (b) of this section will not be funded with this excise tax, then the excise tax shall end twelve (12) months after commencement of the tax and, specifically, at 12:00 a.m. on January 1, 2010.
By not later than June 1, 2009, the City Council shall by Resolution expressly declare whether or not the basketball training facility referenced in Subsection 52-23.3(b) of this section will be funded with this excise tax, with notice of the corresponding ending date for this excise tax to thereafter be given in writing to the Oklahoma Tax Commission by the City Clerk.
SECTION 2.CODIFICATION. The provisions of Section 1 of this Ordinance shall be codified as Sections 52-23.3 of Article II of Chapter 52 of the Oklahoma City Municipal Code, 2007.
SECTION 3.EFFECTIVE DATE OF SECTIONS 1 AND 2, APPROVAL BY CITY VOTERS REQUIRED. The provisions of Sections 1 and 2 of this Ordinance shall become effective from and after 12:00 a.m. on 1st day of January, 2009, but only if this Ordinance is approved prior to said date by a majority vote of the qualified, registered voters of The City of Oklahoma City voting on such question at a special election to be called for that purpose by the City Council of the City and to be held within the City as provided by law; provided, if this Ordinance is not so approved by City voters prior to 12:00 a.m. on January 1, 2009, then the provisions of Sections 1 and 2 hereof shall become null and void and of no force and effect whatever.
SECTION 4.EMERGENCY.WHEREAS, it being immediately necessary for the preservation of the peace, health, safety and public good of The City of Oklahoma City and the inhabitants thereof that the provisions of this ordinance be put into full force and effect, an emergency is hereby declared to exist by reason whereof this ordinance shall take effect and be in full force from and after the date provided herein as provided by law.
INTRODUCED and CONSIDERED in open meeting of the Council of the City of Oklahoma City this 2nd day of January, 2008.
PASSED by the Council of The City of Oklahoma City on this 2nd day of January, 2008.
SIGNED by the Mayor of The City of Oklahoma City on this 2nd day of January, 2008.
/s/ Mick Cornett MAYOR ATTEST: /s/ Frances Kersey [Seal of the City Clerk City of Oklahoma City]
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