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HomeMy WebLinkAbout1022_Elm Creek Sewer Interceptor_Assessment Fee_PaybackTulsa Court/ Clerk. PAT KEY Dec 12013038129 Page(s): 3 Recorded 04/19/2013 at 10:58 AN vsn ln^ Receipt# 399748 Fee 517,00 s r CITY OF OWASSO ORDINANCE NO. 1022 AN ORDINANCE RELATING TO PART 17 UTILITIES, CHAPTER 3, SEWER SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY ESTABLISHING A PER ACRE PAYBACK FOR THE ELM CREEK SEWER INTERCEPTOR THIS ORDINANCE AMENDS PART 17, CHAPTER 3, OF THE CITY OF OWASSO CODE OF ORDINANCES BY ENACTING SECTION 17-304, ELM CREEK SEWER INTERCEPTOR, AND REPEALING ORDINANCE 596. BE R ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO.WIT: SECTION ONE (p: Part 17. Witless. Chapter 3, Sewer System, of the Code of Ordinances of the City of Owosso. Oklahoma. shall be amended by providing, codifying and repeoring as follows: SECTION 77.304 ELM CREEK SEWER INTERCEPTO SECTION TWO (2)c II is the purpose of this ordinance 10 promote public health, safety and welfare. The am Creek Sewer Intercepts was constructed in 1998 to serve the Elm Creek Sewer Drainage Basin. This improvement shall be known ,s and referred to within this ordinance as the "Elm Creek Sews Intercepts" SECTION THREE (3) The Elm Creek Sewer Interceptor Is hereby established as the area depicted on the map attached hereto as Exhibit "A." Exhibit "A" shall be made a pod of this stlinonce. This area shah be designated as the Assessment Area. Ali property within the Assessment Area may connect to the Elm Creek Sewer Intercepts subsequent to the effective date of this ordinance. SECRON FOUR (4) All casts associated With the construction of the Om Creek Sewer Interceptor shall be recouped through an assessment per data, far ON property located within the Assessment Are,. The assessment amount per acre was previously established by adoption of o Resolution by the Owosso Public Works Authority and may be amended by Resolution of the Owasso Public Works Aulhadty. SECTION FIVE (S): This assessment shall be paid as a fee for sewer services far properties developed henceforth in the Assessment Area. Payment of this assessment u mandatory, and shall be due upon the appravol Of a final plot. Properties within the Assessment Area which have already been developed shall pay such assessment upon connection 10 the am Creek Sewer Intercapis. CITY OF OWASSO ORDINANCE NO. 1022 AN ORDINANCE RELATING TO PART 17 UTILITIES, CHAPTER 3, SEWER SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY ESTABLISHING A PER ACRE PAYBACK FOR THE ELM CREEK SEWER INTERCEPTOR THIS ORDINANCE AMENDS PART 17, CHAPTER 3, OF THE CITY OF OWASSO CODE OF ORDINANCES BY ENACTING SECTION 17-304, ELM CREEK SEWER INTERCEPTOR, AND REPEALING ORDINANCE 596. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-WIT: SECTION ONE (1): Part 17, Utilities, Chapter 3, Sewer System, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by providing, codifying and repealing as follows: SECTION 17-304 ELM CREEK SEWER INTERCEPTOR SECTION TWO (2): It is the purpose of this ordinance to promote public health, safety and welfare. The Elm Creek Sewer Interceptor was constructed in 1998 to serve the Elm Creek Sewer Drainage Basin. This improvement shall be known as and referred to within this ordinance as the "Elm Creek Sewer Interceptor." SECTION THREE (3): The Elm Creek Sewer Interceptor is hereby established as the area depicted on the map attached hereto as Exhibit "A." Exhibit "A" shall be made a part of this ordinance. This area shall be designated as the Assessment Area. All property within the Assessment Area may connect to the Elm Creek Sewer Interceptor subsequent to the effective date of this ordinance. SECTION FOUR (4): All costs associated with the construction of the Elm Creek Sewer Interceptor shall be recouped through an assessment per acre for all property located within the Assessment Area. The assessment amount per acre was previously established by adoption of a Resolution by the Owasso Public Works Authority and may be amended by Resolution of the Owasso Public Works Authority. SECTION FIVE (5): This assessment shall be paid as a fee for sewer services for properties developed henceforth in the Assessment Area. Payment of this assessment is mandatory, and shall be due upon the approval of a final plat. Properties within the Assessment Area which have already been developed shall pay such assessment upon connection to the Elm Creek Sewer Interceptor. SECTION SIX (6): Properties not located within the Assessment Area may request connection to the Elm Creek Sewer Street Interceptor. Upon approval of the connection, payment of the assessment becomes mandatory, and shall be due upon the approval of a final plat. Properties which have already been developed shall pay such assessment upon connection to the Elm Creek Sewer Interceptor. SECTION SEVEN (7): REPEALS PREVIOUS ORDINANCE This ordinance expressly repeals all provisions of Ordinance 596, uncodified, previously adopted on January 5, 1999. SECTION EIGHT (8): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION NINE (9): REPEALER All ordinances or parts of ordinances, in conflict with this ordinance are repealed to the extent of the conflict only. SECTION TEN (10): SEVERABILITY If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall not be affected but remain in full force and effect. SECTION ELEVEN (11): CODIFICATION The City of Owasso Code of Ordinances is hereby amended by adopting the above ordinance to be codified in Part 17, Chapter 3, as Section 17-304, and by repealing Ordinance 596, uncodified. PASSED by the City Council of the Cityl,Oasso, Oklahoma on the ~ day of April Dou nebr ake, Mayor ATTEST: US Sherry Bis (SEAL) APPROVED as to form and legality this J-V"' day of April, 2013. [0Wj0a'6d4' Juli Lombardi, City Attorney W w W OQ i 067H - /,.,,, STREET NORTH (e lY w «o x uNU nr i PUBLISHER'S AFFIDAVIT ORD NO. 1022 PUBLICATION DATE(S) 04/25/13 162120 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, April 25, 2013. CITY OF OWASSO ORDINANCE NO. 1022 CASE NUMBER: ORD NO. 1022 AD NO: 00162120 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa SS I, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of general circulation in Tulsa, Oklahoma, a newspaper quali- fied to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the ABOVE LISTED DATE(S) epr entat' e Signature Subscribed to and sworn to me this 26th day of April, 2013. Notary Public Nancy Carol Moore My commission number: 06011684 My commission expires: December 8, 2014 Customer 00000779 Customer: CITY OF OWASSO Publisher's Fee: 148.40 NANCY CAROL MOORE NOTARY PUBLIC STATE OF OKLAHOMA COMMISSION NO. 06011684 EXPIRES 12-8-2014 AN ORDINANCE RELATINGTO PART 17 UTILITIES, CHAPTER 3, SEWER SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY ESTABLISHING A PER ACRE PAYBACK FOR THE ELM CREEK SEWER INTERCEPTOR THIS ORDINANCE AMENDS PART 17, CHAPTER 3, OF THE CITY OF OWASSO CODE OF ORDINANCES BY ENACTING SECTION 17-304, ELM CREEK SEWER INTERCEP- TOR, AND REPEALING ORDINANCE 596. BE IT ORDAINED BYTHE COUNCIL OFTHE CITY OF OWASSO, OKLAHOMA, THAT, TO-WIT: SECTION ONE (1): Part 17, Utilities, Chapter 3, Sewer System, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by providing, codifying and repealing as fol- lows: SECTION 17-304 1E.1,M-CREEK SEWEE-UJ-TE$CUMB- SECTION TWO (2): It is the purpose of this ordinance to promote public health, safety and welfare. The Elm Creek Sewer Interceptor was constructed in 1998 to serve the Elm Creek Sewer Drainage Basin. This improvement shall be known as and referred to within this ordinance as the "Elm Creek Sewer Interceptor." SECTION THREE (3): `Exhibit A can be viewed by contacting the Owasso City Clerk's office at (918) 376-1502 The Elm Creek Sewer Interceptor is hereby established as the area depicted on the map attached hereto as "Exhibit "A" Exhibit "A" shall be made a part of this ordinance. This area shall be des- ignated as the Assessment Area. All property within the Assessment Area may connect to the Elm Creek Sewer Interceptor subsequent to the effective date of this ordinance.' SECTION FOUR (4): All costs associated with the construction of the Elm Creek Sewer Interceptor shall be recouped through an assessment per acre for all property located within the Assessment Area. The assessment amount per acre was previously established by adoption of a Resolution by the Owasso Public Works Authority and may be amended by Resolution of the Owasso Public Works Authority. SECTION FIVE (5): This assessment shall be paid as a fee for sewer services for properties developed henceforth in the Assessment Area. Payment of this assessment is mandatory, and shall be due upon the approval of a final plat. Properties within the Assessment Area which have already been devel- oped shall pay such assessment upon connection to the Elm Creek Sewer Interceptor. SECTION SIX (6): Properties not located within the Assessment Area may request connection to the Elm Creek Sewer Street Interceptor. Upon approval of the connection, payment of the assessment becomes mandatory, and shall be due upon the approval of a final plat. Properties which have already been developed shall pay such assessment upon connection to the Elm Creek Sewer Interceptor. SECTION SEVEN (7): REPEALS PREVIOUS ORDINANCE This ordinance expressly repeals all provisions of Ordinance 596, uncodified, previously adopted on January 5, 1999. SECTION EIGHT (8): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final pas- sage as provided by state law. SECTION NINE (9): REPEALER All ordinances or parts of ordinances, in conflict with this ordinance are repealed to the extent of the conflict only. SECTION TEN (10): SEVERABILITY If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall not be affected but remain in full force and effect. SECTION ELEVEN (11): CODIFICATION The City of Owasso Code of Ordinances is hereby amended by adopting the above ordinance to be codified in Part 17, Chapter 3, as Section 17-304, and by repealing Ordinance 596, uncodi- fied. PASSED by the City Council of the City of Owasso, Oklahoma on the 16th day of April, 2013. /s/ Doug Bonebrake, Mayor /s/ Sherry Bishop, City Clerk /s/Julie Lombardi, City Attorney OCity Wit outLi mits. TO: The Honorable Mayor and City Council City of Owasso APPROVED BY COUNCIL FROM: SUBJECT: Sherry Bishop Assistant City Manager Elm Creek Sewer Interceptor Assessment Fee Ordinance 1022 DATE: April 12, 2013 BACKGROUND: APR 16 2013 In January 1999, the City Council and the OPWA Trustees took action to establish a per acre assessment to recoup costs associated with the Elm Creek Interceptor Sewer project in the Elm Creek Drainage Basin. OPWA Resolution No. 1998-07 defined the drainage basin and the assessment area as areas depicted per an attached map. In 2002, the Tech Center Sewer Interceptor connected to the Elm Creek Sewer Interceptor extending the availability of sewer services several miles to the north. The OPWA Trustees approved a Sanitary Sewer Payback Contract with Owasso Land Trust (OLT) for the system improvements with a payback to OLT for any connections to the Tech Center Sewer Interceptor. The contract with OLT was for ten years and expired on July 1, 2012. When the Tech Center interceptor attached to the Elm Creek interceptor, the Elm Creek assessment area expanded to include all areas served by connection to the Elm Creek Sewer Interceptor. The understanding was that some properties could be subject to both the Elm Creek assessment and the Tech Center payback fees. With the expiration of the Tech Center Payback Contract, project documents were reviewed for close out and to update what areas were still subject to the Elm Creek Sewer Interceptor assessment fee. No documentation was found that had enacted the expansion of the Elm Creek assessment area beyond the original area defined in OPWA Resolution No. 1998-07. The attached ordinance would update the language defining the Elm Creek Assessment Area and would make payment of the assessment fee mandatory for any property connecting to the Elm Creek Sewer Interceptor. RECOMMENDATION: Staff recommends approval of Ordinance 1022 enacting the Elm Creek Sewer Interceptor Assessment Area originally created by OPWA Resolution 1998-07. ATTACHMENTS: A. City Council Ordinance 1022 B. Elm Creek Sewer Interceptor Map C. Ordinance No. 596 D. OPWA Resolution No. 98-07 DC ` : 1 '173 J: - - - - - - + ~ - ~ ^s ` P • ~ ~ ~ . (CITY OF OWASSO, OKLAHOMA OR D.INAN C.E NUMBER 536 AN ORDINAIiCE APPROVING TIRIE OWASSO PUBLIC WORKS ALT T O -17~17 SOLUTIRON NUMBER 98-07, ESTABLISHING PER ACRES ASSESSMENTS FOR ELM CRE EK IFNT RCL'PTOR SEWER PROJECT AND D"ECLA T A EFFECTIVE A fi' . BE IT ORDAINED BY TI HE CITY COUNCIL OF THE CITY € F OWASSO, OKLAHOMA, THAT, Section One: Resolution: Nurnber98-07 of the Trustees of the Owasso Public Works Authority, a public :rust having the City of Owasso, Ckiahoma, as its beneficiary, establishing per acre assessments for recou-ornent of the costs associated with the Elm Creek Interceptor Sewer Project be, and same hereby is approved. Section woo: This ordinance shall become elective thirty days from the date of first publication as provided by state law. DA'T'E, D this 5th day of January, 1999 4t,~a~18~a a ~S gyc~ooo~ I ~P, lam'' ♦ g AL L. ~ ~`'H ~ Nb CI OF OW ASS®, OKLAHOMA By- 1 , Denise Bode, Mayor 1'4/Iar6Boutwell, City)Clerk TO FORYI- D. Cates, City Attorney 2780-362.ord A RESOLU';<` ON OF THE. T IRUSTE>~ S OF THE OWASSO I'I,'BEIC WORKS AUTH, O a Y RELATING TO THE ELTM C .E,K :tiNTERCEPTOR SEWER PROJECT, ESTABLISHING PER ACRE ASSESS:THE'_ TS FOR - - R-ECOUPIMENT-OF COSTS XSSOCLNTED-VVITI HE ELM CREEK -INTERCEPTOR SEWER PROXECT LNI THE ELM CREED DRAINAGE BASIN, CITY OF OWASSO, I OUTN Y OF TULSA, STATE OF OKLAHOMA :ECIT ALS '~kq S; t e Trustees of the Owasso P biic Works Authority have °ceen requested by developers and lane owners in the +.=f n Creek Drainage Basin to construct a sewer trunk line system for the coliectPon or solid waste n suctt area- WHEREAS, the constriction of the Elam Creek Interceptor Sewer to accomplish such request results in expenditures on the part of the Owasso Public Works Authority in those amounts as set for -i on Exhibit «r" hereto, satire being incorporated herein by reference thereto, WHEREAS, by virtue of representation on the part of developers and owners of the properties lying within the Elm Creek Dr a;r.age Basm, the Owasso Public Works Authority; on behalf of it's berieficla,: J hereo ,the C:ty o Owasso, Oklahoma, should provide for a mechanism for recoupment of the costs associated with the Elm Creek interceptor Se=aver PProject, and, WHEREAS, thle Trustees of the Owasso public Works Authority by virtue hereof hereby create a mechanism for recoupment of the costs associated with the Elm Creek 'Interceptor Sewer Project as provided hereinafter NOW, T -IEREFORE, BE IT RESOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC WORKS ACTHORI Y, TO-WIT: Section One The Trustees of the Owasso Pubiic Works Authority hereby establish the Elm Creek Drainage Basin as being that area depicted on the map attached hereto, made a part hereof, and marked as Exhibit "B" hereto. Section Two- That the Trustees of the Owasso Public Works Authority hereby establish as the assessment area lying within the Elm Creek Drainage Basin that area as depicted by the portions illustrated on Exhibit "-B" hereto in green. Section Three: That the portions set ford: on Exhibit "B" hereto, same being the assessment area shall be and same hereby are assessed costs in the amount of $1,580.00 per acre for recoupment ofthe costs associated with the Elm Creek Interceptor Sewer Project. Said assessment shall be due and payable only upon: the connection of any development properties located within the Elm Creek Interceptor Sewer assessment area to the Elan Creek Interceptor Sewer trunk line heretofore referred to. Section pour: That insofar as any other properties within the Elm Creek Drainage Basin but not within the above defined assessment area, such property, being depicted by the portions illustrated on Exhibit "B" herein in grey, shall be assessed an amount as determined on a case by case basis by the Trustees of 'he Owasso Public Works Authority BATED this 5th day of ?anuary, 1999. OWASSO PUBLIC WORKS AVTHORITY ,alt' By.~~ifA Denise Bode, Chairman ATTEST: MarciaBoutwei , Secreta:-y APPRO /,AS- T€3 FORM- r oP. d D. Cates, Authority Attorney 2780-3 b2. rrw