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HomeMy WebLinkAbout1049_Ranch Creek Interceptor Assessment FeeCITY OF OWASSO ORDINANCE NO. 1049 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 AN ASSESSMENT AREA FOR CONSTRUCTION OF THE RANCH CREEK SEWER INTERCEPTOR IMPROVEMENTS THIS ORDINANCE AMENDS PART 17, CHAPTER 3, OF THE CITY OF OWASSO CODE OF ORDINANCES BY ENACTING SECTION 17 -305, RANCH CREEK SEWER INTERCEPTOR ASSESSMENT AREA. 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 and codifying as follows: SECTION 17 -305 RANCH CREEK SEWER INTERCEPTOR ASSESSMENT AREA A. It is the purpose of this ordinance to promote public health, safety and welfare by constructing and maintaining and improving a sewer line from a point between East 76th Street North and East 96th Street North adjacent to Mingo Road. This improvement shall be known as and referred to within this ordinance as the "Ranch Creek Sewer Interceptor." B. The Ranch 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 Sewer Assessment Area. All property within the Sewer Assessment Area may connect to the Ranch Creek Sewer Interceptor subsequent to the effective date of this ordinance. C. All costs associated with the construction of the Ranch Creek Sewer Interceptor, including costs for the acquisition of the land, construction costs, professional fees, interest, and other lawful and authorized costs and fees, may be recouped through a per acre assessment for all property located within the Sewer Assessment Area. The assessment amount per acre __. chnit he established subsenupnt.. to aaoroval of this Ordinance through adoption of a Resolution by the Owasso Public Works Authority after construction of the Ranch Creek Sewer Interceptor has been completed. D. This assessment shall be paid as a fee for sewer services for properties developed henceforth in the Sewer Assessment Area. Payment of this assessment is mandatory, and shall be due upon the approval of a final plat. Properties within the Sewer Assessment Area which have already been developed shall pay such assessment upon connection to the Ranch Creek Sewer Interceptor. E. Properties not located within the Sewer Assessment Area may request connection to the Ranch 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 Ranch Creek Sewer Interceptor. Tulsa County Clerk - PAT KEY Doc # 2015019159 Page(s): 3 Recorded 03/10/2015 at 12:34 PM � Receipt # 523704 Fee $17.00 °kLnH °MP CITY OF OWASSO ORDINANCE NO. 1049 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 AN ASSESSMENT AREA FOR CONSTRUCTION OF THE RANCH CREEK SEWER INTERCEPTOR IMPROVEMENTS THIS ORDINANCE AMENDS PART 17, CHAPTER 3, OF THE CITY OF OWASSO CODE OF ORDINANCES BY ENACTING SECTION 17 -305, RANCH CREEK SEWER INTERCEPTOR ASSESSMENT AREA. 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 and codifying as follows: SECTION 17 -305 RANCH CREEK SEWER INTERCEPTOR ASSESSMENT AREA A. It is the purpose of this ordinance to promote public health, safety and welfare by constructing and maintaining and improving a sewer line from a point between East 76th Street North and East 96th Street North adjacent to Mingo Road. This improvement shall be known as and referred to within this ordinance as the "Ranch Creek Sewer Interceptor." B. The Ranch 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 Sewer Assessment Area. All property within the Sewer Assessment Area may connect to the Ranch Creek Sewer Interceptor subsequent to the effective date of this ordinance. C. All costs associated with the construction of the Ranch Creek Sewer Interceptor, including costs for the acquisition of the land, construction costs, professional fees, interest, and other lawful and authorized costs and fees, may be recouped through a per acre assessment for all property located within the Sewer Assessment Area. The assessment amount per acre __. chnit he established subsenupnt.. to aaoroval of this Ordinance through adoption of a Resolution by the Owasso Public Works Authority after construction of the Ranch Creek Sewer Interceptor has been completed. D. This assessment shall be paid as a fee for sewer services for properties developed henceforth in the Sewer Assessment Area. Payment of this assessment is mandatory, and shall be due upon the approval of a final plat. Properties within the Sewer Assessment Area which have already been developed shall pay such assessment upon connection to the Ranch Creek Sewer Interceptor. E. Properties not located within the Sewer Assessment Area may request connection to the Ranch 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 Ranch Creek Sewer Interceptor. SECTION TWO (2): REPEALER All ordinances or parts of ordinances, in conflict with this ordinance are repealed to the extent of the conflict only. SECTION THREE (3): 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 FOUR (4): 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 FIVE (5): CODIFICATION The City of Owasso Code of Ordinances is hereby amended by enacting an ordinance to be codified in Part 17, Chapter 3, as Section 17 -305. PASSED by the City Council of the City of Owasso, Oklahoma on the 3rd day of March, 2015. ATTEST: Sherry Bish , City Clerk ` G�� ( O 1 O� �u ��`n (S E A Q OFFICIAL 0 'AL APPROVED as to form and legality Ju ombardi, City Attorney 2 oberly, Mayor PUBLISHER'S AFFIDAVIT ORD NO, 1049 PUBLICATION DATE(S) 03/26/15 CASE NUMBER: ORD NO. 1049 AD NO: 00194822 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) Representative Signature Subscribed to and sworn to me this 27th day of March, 2015. Notary Public fn I ar ol Moore 7o Q ancy C My commission number: 06011684 My commission expires: December 8, 2018 Customer #: 00000779 Customer: CITY OF OWASSO Publisher's Fee: 138.60 ?'*-CAR •e`% O n• AHCo�` 194922 Published In the Owasso Reporter, Owasso, Tulsa County, Oklahoma March 29, 2015. CITY OF OWASSO ORDINANCE NO. 1D49 AN ORDINANCE RELATING TO PART 17 UTILITIES, CHAPTER 3, SEWER SYSTEM, OF THE CODE OF ORDINANCES OFTHE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY ESTAB. LISHING AN ASSESSMENT AREA FOR CONSTRUCTION OF THE RANCH CREEK SEWER INTERCEPTOR IMPROVEMENTS THIS ORDINANCE AMENDS PART 17, CHAPTER 3, OF THE CITY OF OWASSO CODE OF ORDINANCES BY ENACTING SECTION 17 -305, RANCH CREEK SEWER INTERCEPTOR ASSESSMENTAREA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part 17, Utllfifes, Chapter 3, Sewer System, of the Code of Ordinances d the City of Owassq Oklahoma, shall be amend. ad by providing and eodHymg as follows: SECTION 17.305 RANCH CREEK SMER INTER EPTDR ASSESSMENT ARE A It is the purpose of this ordinance to promote public health, safety and welfare by constructing and maintaining and Improving a sewer line from a point between East 791h Street North and East 9611h Street North adjacent to Mingo Road. This Improvement shell be known as and referred to within this ordinance as the 'Ranch Creek Sewer Interceptor.' B. The Ranch Creek Sewer Interceptor is hereby established as the area depicted on the map attached hereto as Exhibit "A• Ezhibit'A' shall be made a pan of this ordinance. This area shall be designated as the Sewer Assessment Area All property within the Sewer Assessment Area may connect to the Ranch Creak Sewer Interceptor subsequent to the effective date of this ordinance. C. Al costs Modeled with the construction of the Ranch Creek Sawer Interceptor, Including coils for the acquisition of the land, con- struction costs, professional lams, interest, and other lawful and author- ized roils and fees, may be recouped through a per acre assessment for all property located within the Sewer Assessment Area. The assess- ment amount per acre shell be established subsequent to appram of this Ordinance through adoption of a Resolution by the Owasso Public Works Authority after construction of the Ran& Creak Saw, Interceptor has been completed. D. This assessment; shall be paid as a fee for sewer services for pmy- er5es developed henceforth to the Sewer Assessment Area Payment of this assessment Is mantlatory, and shall be due upon the approval of a final plat. Properties within the Sewer Assessment Area which have already been developed shall pay such assessment upon connection to the Ranch Creek Sewer Interceptor, E. Properties not located within the Sewer Assessment Area may request connection to the Ranch Creek Sewer Street Interceptor. Upon approval of the connection, payment of the assessment becomes mandatory and shell be due upon the approval of a final plat. Properties which have already been developed shall pay such assessment upon connection to the Ranch Creek Sewer Interceptor, SECTION TWO (2): REPEALER All ordinances or parts of ordinances, N conflict with this eminence are repealed to the Went of the conflict only. SECTIONTHREE(3): SEVERABILITY It 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 FOUR (0): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days if= the date of final passage as provided by state law. SECTION FIVE (5): CODIFICATION The CRY of Owasso Code of Ordinances is hereby amended by enact. ing an ordinance to be codified in Part 17, Chapters, as Section 17-305. PASSED by the City Council of the City M Owasso, Oklahoma on the Sid day of March, 2015. /s/Jed Moberly, Mayor /at Sherry Bishop, City Clerk /s/ Julie Lombardi, City Attorney nT14),w-'t out Limits. TO: The Honorable Mayor and City Council City of Owasso The Honorable Chair and Trustees Owasso Public Works Authority FROM: Roger Stevens Public Works Director APPROVED BY COUNCIL SUBJECT: Ordinance No. 1049 and OPWA Resolution No. 2015 -01 Ranch Creek Sewer Interceptor Assessment Fee DATE: February 27, 2015 BACKGROUND: MAR 0 3 1111) APPROVED by TRUSTEES MAR 0 31015 The Ranch Creek Sanitary Sewer Interceptor has provided sanitary sewer service for residents located on the west side of HWY 169 since 1984. Since then, approximately 2,094 acres have been developed within the basin over the past 30 years. After excluding floodway acreage, 8,195 acres are within the Ranch Creek sanitary sewer basin. The 2005 Wastewater Master Plan, prepared by Greely and Hansen, LLC, identified the need for improving this sewer interceptor in order to accommodate additional residential and commercial development by providing adequate conveyance capacity for current and future wastewater flows. In April 2012, OPWA Trustees approved a project concept and funding source for the Ranch Creek Interceptor Improvement Project. Furthermore, in May 2012, Trustees approved an engineering agreement with Kellogg Engineering for the design of the Ranch Creek Interceptor Improvements. In April 2013, Trustees approved Resolution No. 2013 -02, authorizing an application for financing with Oklahoma Water Resources Board (OWRB) to obtain funds for the Ranch Creek Interceptor Improvements Project. In February 2014, construction phase of the Ranch Creek Interceptor commenced with completion occurring in January 2015. Acceptance of the project is listed on the March 3, 2015 for Trustee approval. PROPOSED ORDINANCE: The basin to be served by the sewer interceptor project includes 8,195 acres. 2,094 net acres are currently being served by the sanitary sewer Interceptor, 3,622 net acres are available for development and 2,478 net acres previously developed not currently served now have access to sewer service through the new Ranch Creek Interceptor. The project has been initially funded by a construction loan and subsequent long -term financing (up to 30 years) from the OWRB. The loan would be paid from the OPWA utility revenues, not from sales tax or other City revenues. As with other sanitary sewer interceptors, staff is recommending that any development utilizing the interceptor line to connect for sewer service would be required by ordinance to pay a per -acre assessment fee to the OPWA. The proposed assessment fee is based on the final project cost. The construction cost, including interest and other financing costs would be added to the final construction costs to establish the final project cost as a basis for the per -acre fee. The proposed ordinance would do the following: • Establish the Ranch Creek Interceptor Assessment Area; • Assess a mandatory fee for connection to the Ranch Creek Interceptor; and • Authorize the assessment fee rate to be established by Resolution. PROPOSED OPWA RESOLUTION: The assessment fee rate includes a payback calculation for properties that are within the Assessment Area, and approved to tie into the new Ranch Creek Interceptor. Upon approval, payment of this assessment will be mandatory and assessment fees will be due upon the approval of a final plat or connection to the sanitary sewer system. The total number of acres included in the Assessment Area is 6,100, with the total cost of the project coming to $3,723,000. Total costs include acquisition of land, construction costs, professional fees, interest and all other lawful fees. As such, the mandatory assessment fee has been calculated to be $610.33 per acre. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 1049 establishing the Ranch Creek Sanitary Sewer Interceptor Assessment Area and assessing a mandatory per -acre fee for connection to the Ranch Creek Sanitary Sewer Interceptor such per -acre fee to be established by OPWA Resolution. Staff recommends Trustee approval of OPWA Resolution No. 2015 -01 establishing the required mandatory per acre assessment fee of $610.33 for the Ranch Creek Sanitary Sewer Interceptor per the City of Owasso Code of Ordinance, Section 17 -305. ATTACHMENTS: Ranch Creek Sanitary Sewer Basin Map Ordinance No. 1049 OPWA Resolution No. 2015 -01 RANCH CREEK SANITARY SENVER INTERCEPTOR I CITY OF OWASSO RANCH CREEK SANITARY SEWER ASSESSMENT AREA I I N. main Sd•crt RANCH CREEK SANITARY SEWER 0 P.O. Box 180 �� I� North SERVICE BOUNDARY 2/2 Owasso, OK 74055 TL11L+b:.M1Y L5'r `K LRPOhN.'.i ArlI\I Rt'I- OBE ONLY CW' I IltiiJ'1' LIT1'LNII):L:'P` 9lg•376J50U HIAR -%W I XO nf:<'a .0 •\rls n. r.l> I'1!1!I•. vC.': \�.I!. I.S.I. • t)1 '1 IO \9• \1` i4 '+, Il1N 11l �' R'A. i!R AFTY C:T: RF.PRFSF.N'f':.TTI'�N RV CTTY CAP e7WA': ct: 17A TTS OWASSO PUBLIC WORK AUTHORITY OWASSO, OKLAHOMA RESOLUTION NO. 2015 -01 A RESOLUTION ESTABLISHING THE SEWER SERVICE ASSESSMENT FEE IN THE RANCH CREEK SEWER INTERCEPTOR ASSESSMENT AREA WHEREAS, the Owasso City Council previously adopted Ordinance No. 1049, "Ranch Creek Sewer Interceptor Assessment Area," in the Owasso Code of Ordinances which provided a per acre assessment fee for sewer services for all property located within the Sewer Assessment Area that are developed subsequent to the effective date of the ordinance and upon connection of currently developed properties to the Ranch Creek Sewer Interceptor; WHEREAS, the Trustees of the Owasso Public Works Authority by virtue hereof hereby create a mechanism for recoupment of the costs associated with the Ranch Creek Interceptor Sewer as provided hereinafter; WHEREAS, final construction of the project has been completed and the project has been accepted by Trustees of the Owasso Public Works Authority. The mandatory assessment fee has been calculated to be $610.33 per acre; NOW, THEREFORE, BE IT RESOLVED that the mandatory assessment fee for sewer services in the Ranch Creek Sewer Interceptor Assessment Area, as set forth in Ordinance No. 1049 of the Owasso Code of Ordinances, shall be $610.33 per acre. ADOPTED this 3rd day of March, 2015 ? O r. •••• ��� a ri oberly, Chair ATTEST: yo Sherry APPROVED AS TO FORM: Juli ombardi, Authority Attorney