HomeMy WebLinkAboutPart 17 Utilities
PART 17
UTILITIES
CHAPTER 1
WATER, SEWER AND SANITATION SYSTEMS
Section 17-101 Lease of Systems
Section 17-102 Water Use Regulations
Section 17-103 City Manager's Powers to Restrict Water Usage
Section 17-104 City Divided Into Five (5) Components
Section 17-105 Ordinances to be Kept and Posted
Section 17-106 Penalty
Section 17-107 Penalty for Users Outside City Limits
Section 17-108 Fee to Cover Costs of Processing and Issuing Permit
Section 17-109 Water Rates
Section 17-110 Sewer Rates
Section 17-111 Fire Station No. 3 Waterline Extension Assessment Area
CHAPTER 2
GARBAGE AND REFUSE COLLECTION
ARTICLE A
GENERAL PROVISIONS
Section 17-201.A Definitions
Section 17-202.A Duty to Request Garbage Services, Mandatory
Section 17-203.A Refuse Service Fees
Section 17-204.A Fees to be Added to Water/Sewer Service Statement
Section 17-205.A Unlawful to Utilize Service Without Payment of Fees
Section 17-206.A Garbage Disposal or Trash Incinerator Does Not Relieve Duty
Section 17-207.A Allocation of Payment to Respective Services
Section 17-208.A Delinquent Account
Section 17-209.A Non-Collection of Garbage or Refuse
Section 17-210.A Uncollected Garbage Declared a Nuisance
Section 17-211.A Designating Containers; Specifications; Placement; Use
Section 17-212.A Violations
Section 17-213.A Officers to Make Arrests
Section 17-214.A Trash Collecting by Designated Person; Contract
Section 17-215.A Requirements and Privileges Affecting Designated Collectors
Section 17-216.A Allowing Additional Rules and Regulations Imposed by Public Works
Authority
Section 17-217.A Unauthorized Collection of Trash, Garbage or Refuse Prohibited
Section 17-218.A Trash and Garbage Collection Fees Authorized; Notice
Section 17-219.A Penalty
ARTICLE B
WASTE COLLECTOR PERMIT
Section 17-201.B Definitions
Section 17-202.B Waste Collection Permit
Section 17-203.B Permit Application Requirements, Issuance, Denial
Section 17-204.B Waste Collection Regulations
Section 17-205.B Special Orders of City Manager
Section 17-206.B Use of Streets
Section 17-231 thru Section 17-238 - Repealed by Ordinance No. 441 on December 3, 1991.
Page 17-1
CHAPTER 3
SEWER SYSTEM
Section 17-301 Designated Sewer Improvements
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Section 17-302 76 Street Sewer Interceptor Sewer Assessment Area
Section 17-303 Meadowcrest Gravity Sewer Relief Line Sewer Assessment Area
Section 17-304 Elm Creek Sewer Interceptor Sewer Assessment Area
Section 17-305 Ranch Creek Sewer Interceptor Sewer Assessment Area
Section 17-306 Garrett Creek Morrow Place Sewer Improvement Assessment Area
Section 17-307 Coffee Creek Sewer Lift Station and Force Main Improvement Assessment
Area
Section 17-308 2023 Morrow Gravity Sanitary Sewer Extension Assessment Area
Section 17-320 Scope
Section 17-321 Definitions
Section 17-322 Permit and Inspection Required
Section 17-323 Altering after Inspection
Section 17-324 Prohibited Connections—Responsibility of Property Owners
Section 17-325 Responsibility for Maintenance
Section 17-326 Plugging of Abandoned Building Sewers, House Sewers, or House
Sewer Line Connections to Public Sanitary Sewers
Section 17-327 Reconstruction of Public Sanitary Sewers
Section 17-328 Admission of Industrial Waste into the Public Sanitary Sewers
Section 17-329 Prohibited Discharges
Section 17-330 General Limitations, Prohibitions and Requirements on Fats, Oils & Grease
("FOG") Discharges
Section 17-331 Industrial Wastewater Discharge Permits
Section 17-332 Confidential Information
Section 17-333 Reserved
Section 17-334 Powers and Authority of Enforcing Agents
Section 17-335 City’s Right of Revision
CHAPTER 4
MANDATORY UTILITY CONNECTION
Section 17-401 Mandatory Connection Required to City Utilities
CHAPTER 5
GRANTING PERMIT TO TULSA CABLE TELEVISION, INC.
Section 17-501 Short Title
Section 17-502 Definitions
Section 17-503 Grant of Permit
Section 17-504 Rules of Grantee
Section 17-505 Service Standards
Section 17-506 Regulation by City
Section 17-507 Use of System by City
Section 17-508 Conditions on Use of Public Ways
Section 17-509 Erection, Removal and Joint Use of Poles
Section 17-510 Permit Fee
Section 17-511 Rates to Subscribers
Section 17-512 Liability of Grantee, Insurance and Indemnification
Section 17-513 System Rebuild
Section 17-514 System Rebuild Schedule and Extension
Section 17-515 Operational Standards
Section 17-516 Services to Subscribers
Page 17-2
Section 17-517 Governmental and Educational Uses
Section 17-518 Services to City
Section 17-519 Compliance and Monitoring
Section 17-520 Default of Grantee, Penalties and Revocation
Section 17-521 Assignability
Section 17-522 Right of City to Purchase System
Section 17-523 Non-Discrimination
Section 17-524 Modification
Section 17-525 Miscellaneous Provisions
Section 17-526 Acceptance by Grantee
Section 17-527 Severability
Section 17-5000 Short Title
Section 17-5001 Definitions
Section 17-5002 Initial Review of Basic Cable Service Rates
Section 17-5003 Review of Request for Increase in Basic Cable Service Rates
Section 17-5004 Cable Operator Information
Section 17-5005 Automatic Rate Adjustments
Section 17-5006 Enforcement
CHAPTER 6
SMALL CELL NETWORK FACILITIES
Section 17-601 Definitions
Section 17-602 Intent and Purpose of Wireless Telecommunication Regulation
Section 17-603 Application Requirements
Section 17-604 Requirements
Section 17-605 Requests for Modification of Existing Facility
Section 17-606 Application Review Periods
Section 17-607 Determination of Application
Page 17-3
CHAPTER 1
WATER, SEWER AND SANITATION SYSTEMS
Section 17-101 Lease of Systems
Section 17-102 Water Use Regulations
Section 17-103 City Manager's Powers to Restrict Water Usage
Section 17-104 City Divided Into Five (5) Components
Section 17-105 Ordinances to be Kept and Posted
Section 17-106 Penalty
Section 17-107 Penalty for Users Outside City Limits
Section 17-108 Fee to Cover Costs of Processing and Issuing Permit
Section 17-109 Water Rates
Section 17-110 Sewer Rates
Section 17-111 Fire Station No. 3 Waterline Extension Assessment Area
SECTION 17-101 LEASE OF SYSTEMS
The city has leased its water, sewer and sanitation systems to the Owasso Public Works
Authority, a public trust. The trust has power to set water, sewer and sanitation rates and
otherwise to regulate these systems. The motions and resolutions adopted by the trust replaced
any ordinances which the city had relating to these matters. For the motions and resolutions
passed by the public trust, please refer to the minutes of the Owasso Public Works Authority. A
copy of the trust indenture relating to the leasing of these systems appears in this code under
Appendix 3.
Cross Reference: Owasso Public Works Authority, Appendix 3. Owasso Utilities Authority,
Appendix 4.
SECTION 17-102 WATER USE REGULATIONS
All applicable rules, regulations and restrictions regarding the use of water in the city shall
be identical with all rules, regulations and restrictions imposed by the City of Tulsa, Oklahoma,
pursuant to Title 27, Chapter 24 of the Tulsa Revised Ordinances and all amendments thereto,
both present and future. (Ord. No. 307, 7/21/81)
SECTION 17-103 CITY MANAGER'S POWERS TO RESTRICT WATER USAGE
A. The city manager is hereby authorized to implement conservation measures when
such measures are authorized by the City of Tulsa Commissioner of Waterworks and Sewerage.
B. The city manager may impose and implement conservation measures by ordering
the restricted use or absolute curtailment of the use of water by filing an order in the office of the
city clerk which shall establish therein an effective time and date of such restrictive measures.
Such order shall be promptly filed with the city clerk who shall make same available for public
inspection and forthwith transmit a copy of each order to each council member. The city
manager may give such other notice of the order to the public so as to reasonably impart
notice thereof. Publication of the order one time in a newspaper printed and published
regularly in the county more than one year next before the first publication of the order, and
having a general circulation in the county shall be deemed a reasonable notice to the public of
the order. (No. 307, 7/21/81)
Page 17-4
SECTION 17-104 CITY DIVIDED INTO FIVE (5) COMPONENTS
A. For the purposes of mandatory water rationing hereinafter set forth, the city shall be
divided into five (5) components based on the last digit of the address. Each of these
components shall be identified on a calendar filed with the city clerk by a geometric symbol as
follows:
Last Digit of Address Symbol
0 and 1 Circle;
2 and 3 Triangle;
4 and 5 Diamond;
6 and 7 Square;
8 and 9 Star;
B. The appropriate watering days as provided herein shall be and are those days
represented by the geometric symbol as shown by the calendar. Apartments, office building
complexes or other property in the city, containing multiple addresses will be identified by the
lowest address number. Where there are no address numbers or where it is unfeasible to use an
address number, then a number will be assigned by the city clerk. (Ord. No. 307, 7/21/81)
SECTION 17-105 ORDINANCES TO BE KEPT AND POSTED
Five (5) copies of Title 27, Chapter 24 of the Tulsa Revised Ordinances, along with all
amendments thereto, shall be kept in the office of the city clerk of Owasso, Oklahoma. The
copies shall be available for public inspection during regular business hours. One copy of
Ordinance No. 307 shall be posted at the city hall on a bulletin board provided for public
notices. When the five (5) copies have been filed with the city clerk and a sixth copy posted as
hereinabove provided, the public shall be deemed to have notice thereof and will be bound
thereby. (Ord. No. 307, 7/21/81)
SECTION 17-106 PENALTY
Any individual, person, firm, corporation, association or other individual, violating any
portion of this chapter shall be deemed guilty of an offense, and, upon conviction, shall be
punished by a fine in any amount as provided in Section 1-108 of this code and/or imprisonment
and the costs of the proceeding. The violation of each provision, and each separate violation
thereof, shall be deemed a separate offense and shall be punished accordingly. (Ord. No. 307,
7/21/81)
SECTION 17-107 PENALTY FOR USERS OUTSIDE CITY LIMITS
A. Any individual, person, firm, corporation, association or other individual, using water
outside the city limits, violating any portion of this chapter shall receive a warning citation from
the city clerk stating that the use of water is in violation of the restrictions then in force. The
citation shall further advise the user to immediately cease and desist from using water in violation
of the restrictions and that failure to do so will result in the termination of service without further
notice.
B. Upon a subsequent violation, after having received a warning citation as above
provided, the city clerk shall give notice to the appropriate authority to discontinue water
Page 17-5
service to the individual, person, firm, corporation or association and the water meter shall be
immediately removed and service terminated.
C. Service to a premises will be resumed only upon payment of a fee of Fifty Dollars
($50.00) to cover costs of termination and resumption of service. The fee to be submitted to the
department responsible for collection of water bills. (Ord. No. 307, 7/21/81)
SECTION 17-108 FEE TO COVER COSTS OF PROCESSING AND ISSUING PERMIT
Reference to Section 675, Stage 2, of Ordinance No. 15059 of the City of Tulsa, is hereby
made. The section requires a permit fee of Thirty-five Dollars ($35.00) to cover the costs of
processing and issuing certain non-prohibited uses of water during Stage 2 restrictions. A fee of
Ten Dollars ($10.00), rather than Thirty-five ($35.00) shall be charged for issuance of the permit
provided therein. (Ord. No. 307, 7/21/81)
SECTION 17-109 WATER RATES
A. All water use charges for the City of Owasso shall be fixed by Resolution of the City
Council and affirmed by the Owasso Public Works Authority.
B. Notice of rate changes shall be published not less than 30 days before the effective
date.
C. Rates are for the Minimum Meter Charge for each Meter Size and the Tier Rates for the
volume of water delivered during each calendar month at each connection to the water
system serving one household or business as shown by the water meter at such connection;
provided that, regardless of amount of water metered, the monthly charge for water for each
connection shall not be less than the “minimum meter charge.”
D. Rates, fees and stipulations for metered fire hydrant water usage are established by
Resolution of the City Council
(Ord. 92, 6/28/88; 450, 10/6/92; 514, 9/19/95; 529, 9/03/96; 608, 4/20/99; 654, 9/5/00; 715, 8/20/02; 871,
08/15/06; 892, 5/1/07; 946, 8/18/09; 968, 7/20/10; 997 12/20/11; 1011 8/21/2012, OPWA Resolution 2012-04;
1023 7/16/13, OPWA Resolution 2013-04; 1035, 7/1/14 OPWA Resolution 2014-05; 1058 8/18/15 OPWA
Resolution 2015-03; 1086 8/16/16; CC Resolution 2016-12; CC Resolution 2021-06; CC Resolution 2023-17)
SECTION 17-110 SEWER RATES
A. All wastewater use charges for the City of Owasso shall be fixed by Resolution of the City
Council and affirmed by the Owasso Public Works Authority.
1. Notice of rate changes shall be published not less than 30 days before the effective
date.
2. All users of the municipally-owned wastewater treatment system shall be charged a
minimum per month, plus a charge per 1,000 gallons of wastewater flow.
3. For all single-family users, wastewater flow shall be determined indirectly by
measuring the quantity of water received by the user during three (3) winter months
as described below.
4. For users other than single-family residential, wastewater flow may be determined by
measuring the quantity of water received each month or by the indirect method.
5. In the case of users not on a metered basis, the utility superintendent shall establish
an estimated water consumption based on a comparison of non-metered use with a
metered user of a similar class. Example: A non-metered family of four compared to
a typical family of four with a water meter to establish water consumption.
Page 17-6
(Ord. 450, 10/6/92; 608, 4/20/99; 640, 4/4/00; 646, 5/4/00; 682, OPWA Resolution 2001-09; 892, 5/1/07; 929,
9/16/08 OPWA Resolution 2008-03; 968, OPWA Resolution 2010-05; 983, 4/5/11; 1011 8/21/2012, OPWA
Resolution 2012-04; 1058 8/18/15, OPWA Resolution 2015-03; 1086, 8/16/16, CC Resolution 2016-12; CC
Resolution 2021-06)
B. User charge schedule. As the BOD, suspended solids, and other pollutant concentrations
discharged shall be approximately equal for all domestic users, users shall be charged on a
volume basis in accordance with the following formula:
Cu = Cb + (Vu)(K)(Ct/Vt)
(Based on Model No.1, 40 CFR 35, Appendix B)
Symbols and definitions:
Cu = A user's charge per unit of time.
Cb = A user's base minimum charge (for debt retirement, billing, administration,
etc.) per unit of time.
Ct = Total operation, maintenance and replace (O, M & R) costs per unit of time.
Vt = Total volume contribution from all users per unit of time including extraneous
flows.
Vu = Volume contribution from a user per unit of time. This value shall be
determined indirectly by measuring the quantity of water received by the
user. During the year there is increased water consumption due to water
used for lawn and garden watering. This water does not contribute to sewer
system loading and therefore this water should not be considered as a part of
Vu. During the winter months (Dec. - Feb.) the quantity of water used by
each user is approximately the same as the quantity of wastewater
discharged (lawn and garden watering minimized). An average of these
three (3) winter months will give a uniform monthly sewer charge for each
user and will only need to be computed once each year.
K. = Correction factor to include extraneous flows in estimated user contributions.
C. Excessive strength charges. For any user, when the BOD exceeds three hundred (300) mg/l,
the suspended solids exceeds three hundred (300) mg/l, or when other pollutant concentrations
exceed the range of concentrations of these pollutants in normal domestic sewage, a
surcharge shall be added to the basic charge. This surcharge shall be calculated by the
following formula:
Cs = (Bc(B) + Sc(S) + Pc(P) Vu
(Based on Model No. 2, 40 CFR 35, Appendix B)
Symbols and definitions:
Cs = A surcharge for wastewaters of excessive strength.
Bc = O&M cost for treatment of a unit of biochemical oxygen demand (BOD).
B = Concentration of BOD from a user above 300 mg/l.
Sc = O&M for treatment of a unit of suspended solids (SS).
Page 17-7
S = Concentration of SS from a user above 300 mg/l.
Pc = O&M cost for treatment of a unit of any pollutant.
P = Concentration of any pollutant from a user above a base level to be
determined on case-by-case basis.
Vu = Volume contributions from a user per unit of time.
D. Toxic pollutants charges. Each user that discharges any toxic pollutants which cause an
increase in the cost of managing the effluent or the sludge of the treatment works shall pay for
such increased costs.
E. Charges for extraneous flows. The costs of operation and maintenance for all flows not
directly attributable to users (such as infiltration/inflow) shall be distributed among users on the
same basis as operation, maintenance and replacement charges.
F. Users will be billed on a monthly basis with payment due ten (10) days after the date of
billing. Users on metered water service will be billed on the same notice as water charges and
will be designated as a separate entry. Users of the wastewater system not on metered water
service will be billed monthly on an individual notice for wastewater service at the rate
established by the city clerk. Users with delinquent accounts of thirty (30) days will be notified in
writing by the city clerk that water or wastewater services will be terminated unless the account
is paid in full. The city clerk will utilize the law enforcement agency to assist as required in the
control and management of the user charge system.
G. Each user shall be notified at least annually, in conjunction with the regular bill, of the sewer
use rate and the portion of the user charges which are attributable to wastewater treatment
services. Costs shall be broken down to show the operation, maintenance and replacement
costs attributable to that user.
H. A financial management system shall be established and maintained by the city to
document compliance with federal regulations pertaining to the user charge ordinance. The
system will account for all revenues generated and expenditures for operation, maintenance
and replacement.
I. The user charge ordinance shall be reviewed at least annually regarding the wastewater
contribution of users and user classes, the total costs of operation, maintenance and
replacement of the treatment works, and its approved user charge system. The charges for
users or user classes shall be revised to accomplish the following:
1. Maintain the proportionate distribution of operation, maintenance and
replacement costs among users and user classes;
2. Generate sufficient revenue to pay the total operation, maintenance and
replacement costs necessary to the proper operation, maintenance and replacement of
the collection and treatment system;
3. Apply excess revenues collected from a class of users to the costs of operation
and maintenance attributable to that class for the next year, and the rates shall be
adjusted accordingly; and
4. Apply excess revenues from the operation (land lease, sludge sales, etc.) to the
costs of operation, maintenance and replacement for the next year, and the rates shall be
adjusted accordingly.
Page 17-8
(Ord. No. 391. 10/18/88)
SECTION 17-111 FIRE STATION NO. 3 WATERLINE EXTENSION ASSESSMENT AREA
The Fire Station No. 3 Waterline Extension Assessment Area 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 developed
within the Assessment Area subsequent to the effective date of this ordinance shall be assessed
a per acre fee.
A portion of the costs associated with the construction of the Fire Station No. 3 Waterline
Extension Project shall be recouped by a per acre assessment of all undeveloped property
located within the Assessment Area. The amount of the assessment shall be $2002.94 per acre.
Payment of this assessment is mandatory. In addition, payment of the assessment shall be
tendered by such time as the first of the two following events shall occur: 1) when the final plat
for the land located within the Assessment Area is approved, or 2) at such time when the
infrastructure located on the property within the Assessment Area shall be connected to the
new distribution piping and improvements. Payment of this assessment can be waived or
reduced only when authorized by a majority vote of the City Council which establishes that the
requested reduction or waiver is necessary.
(Ord. No. 916, 5/06/08)
Page 17-9
CHAPTER 2
GARBAGE AND REFUSE COLLECTION
ARTICLE A
GENERAL PROVISIONS
Section 17-201.A Definitions
Section 17-202.A Duty to Request Garbage Services, Mandatory
Section 17-203.A Refuse Service Fees
Section 17-204.A Fees to be Added to Water/Sewer Service Statement
Section 17-205.A Unlawful to Utilize Service Without Payment of Fees
Section 17-206.A Garbage Disposal or Trash Incinerator Does Not Relieve Duty
Section 17-207.A Allocation of Payment to Respective Services
Section 17-208.A Delinquent Account
Section 17-209.A Non-Collection of Garbage or Refuse
Section 17-210.A Uncollected Garbage Declared a Nuisance
Section 17-211.A Designating Containers; Specifications; Placement; Use
Section 17-212.A Violations
Section 17-213.A Officers to Make Arrests
Section 17-214.A Trash Collecting by Designated Person; Contract
Section 17-215.A Requirements and Privileges Affecting Designated Collectors
Section 17-216.A Allowing Additional Rules and Regulations Imposed by Public Works
Authority
Section 17-217.A Unauthorized Collection of Trash, Garbage or Refuse Prohibited
Section 17-218.A Trash and Garbage Collection Fees Authorized; Notice
Section 17-219.A Penalty
SECTION 17-201 DEFINITIONS
For the purpose of this chapter, the following terms shall have the meanings respectively
ascribed to them in this section:
1. "Garbage" means any waste from the handling, preparation, cooking and
consumption of food; and
2. "Household refuse" means all waste substances other than garbage which
normally accrue as a result of household occupancy, including, but not limited to, trash,
wastepaper, boxes, bottles, cans and other containers, ashes, cinders and lawn trimmings not to
exceed three (3) containers of a capacity of thirty (30) gallons each and a weight each of not
more than fifty (50) pounds when filled.
SECTION 17-202 DUTY TO REQUEST GARBAGE SERVICES, MANDATORY
It is the duty of every person occupying or having control of the occupancy of any
residential or commercial premises located within the corporate limits of the city to request, at
the beginning of such occupancy on or before the effective date of this chapter, garbage
pickup service. However, failure of any owner, rental agent or occupant of such premises to
make such request shall not prevent nor in any way impair or impede the city or the designated
city trash collector from adding the address of such premises to the proper garbage collection
route records and providing service and otherwise enforcing by appropriate action the
regulatory measures herein prescribed and causing the fee or charge therefore to be paid.
Page 17-10
SECTION 17-203 REFUSE SERVICE FEES
A. All refuse service charges for the City of Owasso shall be fixed by Resolution of the City
Council and affirmed by the Owasso Public Works Authority.
B. Notice of rate changes shall be published not less than 30 days before the effective
date.
C. Refuse service shall consist of once weekly removal of garbage and household refuse
which has been placed in containers in the manner hereinafter specified. The service is
deemed to be necessary to pay for the removal of such garbage and household refuse,
to protect the health of the occupant, owner, tenant, or lessee and others in the near
vicinity by such removal.
(Ord. 892, 5/1/07; 1011, 8/21/2012; 086, 8/16/16; CC Resolution 2016-13; CC Resolution 2021-06,
4/20/21)
(Note: For refuse rates for rural water district customers residing within the corporate limits of the
City of Owasso, refer to OPWA Resolution No.2001-09, Ord. No. 682, 8/21/01)
SECTION 17-204 FEES TO BE ADDED TO WATER/SEWER SERVICE STATEMENT
The city clerk is hereby authorized to add the appropriate fee to the statement of water or
sewer charges. However, the person, firm or corporation responsible for the payment of water
service charges or sanitary sewer service charges shall be billed and be responsible for the
payment of all refuse service charges to the premises whether the services be to a single or
multiple family dwelling unit.
SECTION 17-205 UNLAWFUL TO UTILIZE SERVICE WITHOUT PAYMENT OF FEES
It is unlawful for any owner, occupant, tenant or lessee, using or occupying a building,
house, structure or apartment as a separate unit, to utilize the garbage containers, cans or
receptacles of another owner, occupant, tenant or lessee, for the disposal of his own garbage
or household refuse for the purpose of avoiding payment of the fees levied by this chapter.
SECTION 17-206 GARBAGE DISPOSAL OR TRASH INCINERATOR DOES NOT RELIEVE DUTY
Inasmuch as the fees provided for herein are for the removal of household refuse, as well
as garbage, for the protection of public health it shall not be a defense for any owner,
occupant, tenant or lessee to refuse to comply with the provisions of this chapter on the ground
that he owns and uses a garbage disposal unit or trash incinerator.
SECTION 17-207 ALLOCATION OF PAYMENT TO RESPECTIVE SERVICES
In the event that any person, firm or corporation shall tender as payment for water service,
sewer service and refuse service an amount insufficient to pay in full all of the services so billed,
credit shall be given first to the charges for refuse service and second to the charges for sanitary
sewer service; and, lastly, to the charges for water service.
SECTION 17-208 DELINQUENT ACCOUNT
In the event that any utility account shall become delinquent, water service may be
terminated by the city until all delinquent charges for refuse service, sanitary sewer service and
water service shall be paid in full.
Page 17-11
SECTION 17-209 NON-COLLECTION OF GARBAGE OR REFUSE
No garbage or refuse shall be collected from any premises where the owner or lessee is in
arrears on his garbage bill for a period of one month.
SECTION 17-210 UNCOLLECTED GARBAGE DECLARED A NUISANCE
Fermenting, putrefying, or odoriferous garbage in containers uncollected or dumped in the
open due to failure to pay garbage service charge or to improper type, placement or
maintenance of containers shall be declared a nuisance.
SECTION 17-211 DESIGNATING CONTAINERS; SPECIFICATIONS; PLACEMENT; USE
The owners, occupants or rental agents of all premises in the city shall place all garbage in
the containers provided by the city; and in respect of residential service, the containers to be
placed on street curb line on the day specified for the trash removal in each area.
SECTION 17-212 VIOLATIONS
Garbage and household refuse, as defined herein, may be collected, removed,
transported or disposed of only by the city, its agents, servants and employees, or the
designated city trash collector. All other persons are hereby prohibited therefrom unless express
written permission is obtained from the city. The owner or person having control or occupant of
any residential premises in the city who shall fail, neglect, or refuse to furnish watertight metal or
plastic containers and to deposit and place therein garbage, refuse and rubbish as provided in
this chapter or shall remove or attempt to remove any garbage or refuse, or shall fail, refuse or
neglect to pay any uncontested bills for services as required under this chapter for a period
exceeding ten (10) days after official notification to deposit the garbage or refuse in metal or
plastic containers or to pay for the removal and disposal of the garbage or refuse when the
same is due and unpaid, or for violations of any other provision of this chapter shall be deemed
guilty of an offense. The refusal, neglect and failure to comply with any of the provisions of this
chapter for each and every twenty-four (24) hours after the conviction shall be deemed a
separate offense hereunder.
SECTION 17-213 OFFICERS TO MAKE ARRESTS
It is the duty of the police officers of the city upon report being made to them of the
violations of any of the provisions of this chapter to immediately cite the person or persons guilty
of such violation and cause them to appear before the municipal court on its next scheduled
docket, there to be dealt with according to law for such violation.
SECTION 17-214 TRASH COLLECTING BY DESIGNATED PERSON; CONTRACT
A. The city council for the city is hereby authorized to designate some person or persons
as city trash collector, or contract for, the collection or removal of trash, rubbish, refuse and
garbage, in or on behalf of the city or to employ some person or persons for such purpose, at a
salary or salaries to be specified by the city council.
B. Any contract let by virtue of this chapter, shall require the contractor to pay, monthly,
to the city for the rights and privileges granted by such contract, a sum of money to be set by
the council equal to not less than ten percent (10%) of gross revenue derived by such
contractor. The contract shall expire on the 30th day of June of each year, except as otherwise
provided herein, and may be revoked at any time by a majority vote of the council, because of
negligent performance of services or failure of such contractor to comply with the terms of such
contract. Before any contract issued pursuant to this chapter may be revoked, written notice
Page 17-12
shall be mailed to the holder of such contract at his last known mailing address at least five (5)
days before the hearing, which hearing shall be not more than thirty (30) days from date of
mailing. The notice shall inform the holder of such contract, of the intention of the city council to
revoke the contract by reason therefore, and the time and place at which such hearing will be
held. Such contract shall not be transferable except upon approval of the city council.
C. The city may, if it is deemed expedient, provide a method for the renewal of the contract
for an additional one year term upon terms and conditions identical to those contained in the
contract for the primary term. However, no such renewal shall be valid unless approved by both
the city council and the contractor.
SECTION 17-215 REQUIREMENTS AND PRIVILEGES AFFECTING DESIGNATED COLLECTORS
Any collector of trash, rubbish and garbage, and his employees, which has been so
designated or permitted to perform such services in the city by the city council, shall be required
to wear a badge, upon which shall be the words "City Trash Collector," while performing his or
their duties. The collector and his employees shall have the right to use the streets and alleys of
the city for the collection of trash, rubbish and garbage. The cost expense for such service
provided by the city or any person under contract with the city shall be paid by the owner,
occupant or person in charge of the premises receiving such collection services.
SECTION 17-216 ALLOWING ADDITIONAL RULES AND REGULATIONS IMPOSED BY PUBLIC
WORKS AUTHORITY
So long as refuse collection and disposal is leased to and operated by or under the
authority of the Owasso Public Works Authority, the Owasso Public Works Authority shall have the
authority to establish or change rules or regulations, other than rates now in effect that it deems
necessary to the proper operation of refuse collection and disposal. Such rules and regulations
shall be enforced by the city as same are now enforced.
SECTION 17-217 UNAUTHORIZED COLLECTION OF TRASH, GARBAGE OR REFUSE PROHIBITED
No person, firm or corporation shall be permitted to engage, and it is unlawful for any
person, firm or corporation to engage, in the hauling and disposal or collecting of trash, rubbish,
or garbage, for hire or a fee, within the corporate limits of the city without first being so
designated and permitted so to do by the city council of the city.
SECTION 17-218 TRASH AND GARBAGE COLLECTION FEES AUTHORIZED; NOTICE
A. The city council of the city is authorized, by resolution at such time as it may deem
proper and expedient, to set uniform fees and charges for the collection of trash, rubbish and
refuse; to regulate the collection of such fees, and to add such charges to statements of water
charges. Publication of the fixing, setting or changing of fees and charges, and of regulations
pertaining to the collection of trash, garbage, rubbish and refuse, by posting notices in five (5)
public places, for seven (7) days, shall be deemed satisfactory notice to any person of such
resolution, regulation, setting, fixing or changing fees or charges.
B. If and when the city engages in the business of collection of trash, refuse, rubbish and
garbage, the city may require a deposit of each user in an amount as may be determined by
the city council, and any unpaid bill shall be a lien against the property served until same shall
have been paid in full.
SECTION 17-219 PENALTY
Any person or persons, firm or corporation who violates any provision of this chapter or who
fails to provide the necessary garbage receptacles as therein required shall be deemed guilty of
Page 17-13
a misdemeanor, and upon conviction shall be fined as provided in Section 1-108 of this code,
including costs for each offense; and each day's continuance or failure to comply therewith
shall constitute a separate and distinct offense for each of the days.
Page 17-14
ARTICLE B
WASTE COLLECTOR PERMIT
Section 17-201.B Definition
Section 17-202.B Waste Collector Permit
Section 17-203.B Permit Application Requirements, Issuance, Denial
Section 17-203.B Waste Collection Regulations
Section 17-205.B Special Orders of City Manager
Section 17-206.B Use of Streets
SECTION 17-201 DEFINITION
For the purposes of this Article the following terms shall have the meanings respectively
ascribed to them herein:
1. "Commercial solid waste" means all solid waste emanating from all units having
zoning classification other than low or medium intensity residential uses;
2. "Construction and demolition waste" means waste or large bulky items, such as brush,
tree cuttings, lumber, concrete, bricks, plumbing fixtures, plastics and other waste generated by
construction and demolition activities;
3. "Waste collector" means any person who collects, removes, or transports commercial
solid waste or construction or demolition waste as defined herein;
4. "Person: means every natural person, firm, partnership, association or corporation;
5. "Vehicle" means any truck, trailer, semi-trailer or other equipment used to collect,
remove, transport or dispose of solid waste, and over any public way, street, avenue, road, alley
or highway.
SECTION 17-202 WASTE COLLECTOR PERMIT
There is hereby authorized to be issued to any qualified person, under the terms and
conditions hereof, a Waste Collector permit which shall specifically authorize such person
possessing the permit to, under the control and supervision of the City, collect, remove, transport
and/or dispose of commercial solid waste and/or construction and demolition waste from within
the City.
SECTION 17-203 PERMIT APPLICATION REQUIREMENTS, ISSUANCE, DENIAL
A. The waste collector permit, as referenced above, shall be issued by the Office of the
City Clerk of the City. Applications for such permit shall include the following information:
1. Name and home address of the applicant;
2. Business name and address;
3. Business and home phone number;
4. Make, model and year of each truck;
5. Color of cab and packer;
6. Packer capacity;
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7. Current state safety inspection number;
8. At attached schedule of all waste collection services, including type of solid
waste collected, site of collection;
9. Landfills used;
10. Name of liability insurance company and policy number; and
11. Any other information deemed necessary by the Director of Public Works of the
City.
B. The permit referred to in Section 17-202 shall be issued for an indefinite period. Should
the City Clerk determine to deny a permit, or revoke same under authority of this chapter, notice
thereof shall be provided to the applicant/permittee containing such proposed denial or
revocation and the reasons therefore. Revocation of any permit issued under this chapter shall
not be effective until the expiration of ten (10) days from the date of serving a notice upon
permittee of such revocation, absent an emergency situation. Any applicant denied a permit,
or permittee whose permit is revoked may appeal such denial or revocation to the City Council
of the City. Appeal from denial of application for permit or revocation of same shall occur upon
written notice requesting same addressed to the City Clerk within ten (10) days of the denial of
the application for permit or, as pertains to revocation of such permit or within ten (10) days
preceding the effective date of such revocation as above provided. In the event a permittee
shall request an appeal before the City Council of the City regarding revocation of such permit,
the effective date of the revocation shall be stayed pending determination thereof by the City
Council of the City. (Fee repealed by Ord. No.727, 11/19/02)
SECTION 17-204 WASTE COLLECTION REGULATIONS
A. Waste collectors who in the course of their business provide containers for the
collection of solid waste shall display information on each container, such as a business name or
trade name which shall sufficiently identify the permittee providing waste collection services to
the establishment using the waste container. Characters, letters and numbers displaying the
foregoing information shall be at least two (2) inches tall, one-half (½) inch wide and applied in
such a way so as to become permanent. Characters shall be no lower than twelve (12) inches
from the bottom of the container and shall be in a contrasting color to the container so as to be
clearly visible.
B. No person shall collect any solid waste inside the corporate limits of the city within six
hundred (600) feet of any residential building unless it is after 6:00 a.m. and before 10:00 p.m.
C. Any vehicle used in the collection, removal, transportation or disposal of solid waste
shall:
1. Be constructed and maintained in such a manner as will prevent any solid waste
from spilling, falling or blowing out of the vehicle onto any public way, street avenue, alley,
highway, road, or any other public or private place, except when being loaded or unloaded
and shall be completely and securely covered to preclude any spill, fall or blow out from the
point of collection to the point of final disposal.
2. Be parked at least one hundred (100) feet from any residential building, if parked
over six (6) consecutive hours, while containing a partial load of solid waste;
3. Be required to be reasonably clean and sanitized if the vehicle is declared to be
a health hazard by the City-County Health Department or its duly authorized representative;
and,
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4. Comply with all other requirements and restrictions imposed pursuant to the rules
and regulations of solid waste management adopted by the City Manager or the City Council
of the City.
D. Every licensed waste collector shall maintain a full, true, current and legible list of all
commercial customers that are provided waste collection services, which shall include an
itemization of the customer's names, service address, waste container size or sizes, the frequency
of service measured in days per week, and a brief description of the type of customer or client
being served, such as:
1. Office building;
2. Retail shop/shopping center;
3. Apartment building/condominium/trailer park;
4. Manufacturing company;
5. Warehouse/storage facility;
6. Auto/truck/boat dealer, including salvage, repair, parts and service stations;
7. Public or private school or college;
8. Church/synagogue;
9. Medical facility, including labs, nursing homes, clinics, etc.;
10. Utility operations including substations, pump stations, etc.;
11. Restaurant/fast food establishment, etc.;
12. Supermarket/grocery store;
13. Hotel/motel;
14. Theater/sports stadium/convention center;
15. Community Center/YMCA/YWCA/park
16. Bank, savings and loan, credit union, ATM; and,
17. Cleaners/photo finishing.
E. Any vehicle used in the collection, removal, transportation or disposal of solid waste
within the jurisdiction and control of the City shall be subject to reasonable inspections initiated
to insure compliance with this section and conducted by duly authorized inspectors of the
Department of Public Works, the Police Department or the City-County Health Department.
F. No person shall collect, remove or transport solid waste, including hazardous waste,
in a manner so as to scatter or spill such waste, either at the point of collection or while
transporting the same for disposal unless such waste is immediately retrieved and removed in its
entirety. Immediately after collection, containers which have been used to store solid waste
shall be closed, with each lid or cover being reasonably secured.
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SECTION 17-205 SPECIAL ORDERS OF CITY MANAGER
The City Manager of the city is hereby authorized and directed to promulgate rules and
regulations governing the collection of commercial solid waste and construction and demolition
waste within the city by waste collectors. Application for and acceptance of a waste collector
permit shall be deemed to constitute the permittee's acceptance of the provision of this
chapter, as well as any rules and regulations promulgated pursuant hereto. Failure to adhere to
the provisions of this chapter, or any rules and regulations promulgated pursuant hereto, shall
constitute grounds for denial or revocation of the permit.
SECTION 17-206 USE OF STREET
It is unlawful and a public offense for any person to collect any trash, refuse, rubbish,
garbage and/or waste within the City of Owasso and to haul such trash, refuse, rubbish,
garbage and/or waste upon or over any of the streets, alleys or highways of the city unless such
person shall first have procured a permit as herein provided.. (Section 17-206 repealed by Ord.
No.728, 12/17/02 & new Section 17-206 adopted)
(Section 17 Article B adopted by Ord. No.638, 4/4/00)
Section 17-231 thru Section 17-238 - Repealed by Ordinance No. 441 on December 3, 1991.
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CHAPTER 3
SEWER SYSTEM
Section 17-301 Designated Sewer Improvements
th
Section 17-302 76 Street Sewer Interceptor Sewer Assessment Area
Section 17-303 Meadowcrest Gravity Sewer Relief Line Sewer Assessment Area
Section 17-304 Elm Creek Sewer Interceptor Sewer Assessment Area
Section 17-305 Ranch Creek Sewer Interceptor Sewer Assessment Area
Section 17-306 Garrett Creek Morrow Place Sewer Improvement Assessment Area
Section 17-307 Coffee Creek Sewer Lift Station Force Main Improvement Assessment Area
Section 17-308 2023 Morrow Gravity Sanitary Sewer Extension Assessment Area
Section 17-320 Scope
Section 17-321 Definitions
Section 17-322 Permit and Inspection Required
Section 17-323 Altering after Inspection
Section 17-324 Prohibited Connections—Responsibility of Property Owners
Section 17-325 Responsibility for Maintenance
Section 17-326 Plugging of Abandoned Building Sewers, House Sewers, or House
Sewer Line Connections to Public Sanitary Sewers
Section 17-327 Reconstruction of Public Sanitary Sewers
Section 17-328 Admission of Industrial Waste into the Public Sanitary Sewers
Section 17-329 Prohibited Discharges
Section 17-330 General Limitations, Prohibitions and Requirements on Fats, Oils & Grease
("FOG") Discharges
Section 17-331 Industrial Wastewater Discharge Permits
Section 17-332 Confidential Information
Section 17-333 Reserved
Section 17-334 Powers and Authority of Enforcing Agents
Section 17-335 City’s Right of Revision
SECTION 17-301 DESIGNATED SEWER IMPROVEMENTS
A. The purpose of this ordinance is to promote public health, safety and welfare by
constructing and maintaining and improving sewer systems in designated areas.
B. A sewer system improvement project may be an identified as a “Designated Sewer
Improvement.”
C. Areas served by a “Designated Sewer Improvement” may be designated as a “Sewer
Assessment Area.”
D. All property within a “Sewer Assessment Area” may connect to the “Designated Sewer
Improvement.”
E. All costs associated with the construction of the “Designated Sewer Improvement,”
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.”
F. The per acre assessment amount shall be established through adoption of a Resolution
by the Owasso Public Works Authority after construction of the Designated “Sewer
Improvement” has been completed.
G. This assessment shall be paid as a fee for sewer services for properties developed
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henceforth in a “Sewer Assessment Area.”
H. Payment of this assessment is mandatory, and shall be due upon the approval of a final
plat.
I. Properties within a Sewer Assessment Area which have already been developed shall
pay such assessment upon connection to a “Designated Sewer Improvement.”
J. Properties not located within a "Sewer Assessment Area" may request connection to or
utilization of capacity within a "Designated Sewer Improvement." 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 or utilization of capacity within a “Designated Sewer
Improvement."
(Ord 426, 1/15/91; 1071 3/15/16; 1124, 2/6/18)
TH
SECTION 17-302 76 STREET SEWER INTERCEPTOR SEWER ASSESSMENT AREA
th
The 76th Street Sewer Interceptor is a sewer line from a point between 129 East Avenue and
ththrd
145 East Avenue along 76 Street North to approximately 193 East Ave. The 76th Street Sewer
Interceptor Assessment Area was established by ordinance in 2009. The 76th Street Sewer
Interceptor is a “Designated Sewer Improvement.” The area depicted on the map attached
hereto as Exhibit “76SSI” shall be made a part of this ordinance and shall be designated as the
76th Street Sewer Interceptor (76SSI) Sewer Assessment Area. (Ord No. 935, 1/6/09; 956, 12/1/09;
1071 3/15/16) (Note: OPWA Resolution 2011-04 established the per acre assessment fee of
$1,341.)
SECTION 17-303 MEADOWCREST GRAVITY SEWER RELIEF LINE SEWER ASSESSMENT AREA
The Meadowcrest Gravity Sewer Relief Line serves an area in the northwest section of town and
is hereby defined as a “Designated Sewer Improvement.” The Meadowcrest Gravity Sewer Relief
Line Assessment Area was established by ordinance in 2012. The area depicted on the map
attached hereto as Exhibit “MGSRL” shall be made a part of this ordinance and shall be
designated as the Meadowcrest Gravity Sewer Relief Line (MGSRL) Sewer Assessment Area.
Tracts for the Sports Park, Meadowcrest, Maple Glen, Maple Glen II and a 15-acre designated
area have been exempted from the per acre assessment fee. The established per acre
assessment fee is $867. (Ord. 1000 1/17/2012; 1071 3/15/16) (Note: Ordinance 1000 established
the per acre assessment fee.)
SECTION 17-304 ELM CREEK SEWER INTERCEPTOR SEWER ASSESSMENT AREA
The Elm Creek Sewer Interceptor, constructed in 1998 to serve the Elm Creek Sewer Drainage
Basin, is hereby defined as a “Designated Sewer Improvement.” The Elm Creek Interceptor
Sewer Assessment Area was established by ordinance in 1999 and is hereby defined as a “Sewer
Assessment Area.” The area depicted on the map attached hereto as Exhibit “ECSI” shall be
made a part of this ordinance and shall be designated as the Elm Creek Sewer Interceptor
(ECSI) Sewer Assessment Area. (ORD. 596 1/5/99; 1022 4/16/13; 1071 3/15/16) (Note: OPWA
Resolution 2013-01 established the per acre assessment fee of $1,580.)
SECTION 17-305 RANCH CREEK SEWER INTERCEPTOR SEWER ASSESSMENT AREA
The Ranch Creek Sewer Interceptor, constructed in 2015 to improve a sewer line from a point
thth
between East 76 Street North and East 96 Street North adjacent to Mingo Road, is hereby
defined as a “Designated Sewer Improvement.” The Ranch Creek Sewer Interceptor Assessment
Area was established by ordinance in 2015 and is hereby defined as a “Sewer Assessment Area.”
The area depicted on the map attached hereto as Exhibit “RCSI” shall be made a part of this
ordinance and shall be designated as the Ranch Creek Sewer Interceptor (RCSI) Sewer
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Assessment Area. (Ord. 1049, 3/3/15; 1071 3/15/16) (Note: OPWA Resolution 2015-01
established the per acre assessment fee of $610.33.)
SECTION 17-306 GARRETT CREEK-MORROW PLACE SEWER IMPROVEMENT ASSESSMENT AREA
The Garrett Creek-Morrow Place Sewer Improvement Project will be constructed to
accommodate the sanitary sewer needs for existing and future development from E 106 St N to
E 126 St N and HWY 169 to N 129 E Ave and is hereby established as a “Designated Sewer
Improvement.” The area depicted on the map attached hereto as Exhibit “GCMPSI” shall be
made a part of this ordinance and shall be designated as the Garrett Creek-Morrow Place
Sewer Improvement (GCMPSI) Assessment Area. The Garrett Creek Residential and Commercial
area (134.5 acres) depicted on the map shall be exempt from the assessment fee. (Ord 1072,
3/15/16) (Note: OPWA Resolution 2018-08 established the per acre assessment fee of $3,146.00.)
SECTION 17-307 COFFEE CREEK SEWER LIFT STATION AND FORCE MAIN IMPROVEMENT
ASSESSMENT AREA
The Coffee Creek Sewer Lift Station and Force Main Improvement Project will be constructed to
accommodate the sanitary sewer needs for existing and future development and is hereby
established as a “Designated Sewer Improvement.” The area depicted on the map attached as
Exhibit “CCSLSFMI” shall be made a part of this ordinance and shall be designated as the
Coffee Creek Sewer Lift Station and Force Main Improvement (CCSLSFMI) Assessment Area.
(Ord 1124, 2/6/18) (Note: OPWA Resolution 2024-03 established the per acre assessment fee of
$10,479.78.)
SECTION 17-308 2023 MORROW GRAVITY SANITARY SEWER EXTENSION ASSESSMENT AREA
The 2023 Morrow Gravity Sanitary Sewer Extension Project will be constructed to accommodate
the sanitary sewer needs for existing and future development and is hereby established as a
“Designated Sewer Improvement.” The area depicted on the map attached as Exhibit
“2023MGSSE” shall be made a part of this ordinance and shall be designated as the 2023 Morrow
Gravity Sanitary Sewer Extension (2023MGSSE) Assessment Area. (Ord 1217, 11/7/23)
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“CCSLSFMI”
Page 17-27
“2023MGSSE”
Page 17-28
SECTION 17-320 SCOPE
This Chapter shall include all general requirements and restrictions in respect to the connection,
use, protection and maintenance of the City of Owasso’s wastewater collection system and
Publicly Owned Treatment Works.
SECTION 17-321 DEFINITIONS
Unless a provision explicitly states otherwise, the following terms, phrases, words and their
derivations shall have the meaning given herein:
A. ACT: The term “Act” or “The Act” shall mean the Federal Water Pollution Control Act,
also known as the Clean Water Act, as amended, 33 U.S.C. 1251, Et. Seq.
B. ANALYTE: The term “Analyte” shall mean a substance whose chemical constituents
are being identified and measured.
C. AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER: The term “Authorized
Representative of Industrial User” may be: (1) A principal executive officer of at least
the level of vice-president, if the Industrial User is a corporation: (2) A general partner
or proprietor if the Industrial User is a partnership or proprietorship, respectively; (3) A
duly authorized representative is responsible for the overall operation of the facilities
from which the indirect discharge originates.
D. BEST MANAGEMENT PRACTICES (BMP): The term “Best Management Practices” or
“BMPs” shall mean schedules of activities, prohibitions of practices, maintenance
procedures and other management practices to prevent or reduce the introduction
of FOG to the public sanitary sewer.
E. B.O.D.: The term “B.O.D.” shall mean the quantity of oxygen expressed in milligrams
per liter, utilized in the biochemical oxidation of organic matter under standard
laboratory conditions for five (5) days at a temperature of twenty (20) degree
centigrade. The laboratory determinations of B.O.D. shall be made in accordance
with procedures set forth in “Standard Methods.”
F. BUILDING DRAIN: The term “Building Drain” shall mean that of the lowest horizontal
piping of sanitary drainage system, which receives the discharge from the sanitary
waste, pipes inside the walls of the building and conveys it to the building sanitary
sewer.
G. BUILDING SEWER, HOUSE SEWER, or HOUSE SEWER LINE: The term “Building Sewer,”
“House Sewer,” or “House Sewer Line” shall mean the extension from the building
drain to the public sanitary sewer or other place of disposal.
H. CITY: The term “City” shall mean The City of Owasso, Oklahoma, a municipal
corporation, acting through the Owasso Public Works Authority and the City’s duly
authorized officers or agents.
I. CITY MANAGER: The term “City Manager” shall mean the City Manager of the City of
Owasso or the person succeeding to these duties and functions by whatever name
known, or their duly authorized deputy, agent, or representative.
J. CODE OF FEDERAL REGULATIONS (CFR): The term “Code of Federal Regulations” or
“CFR” refers to documents published by The Office of Federal Register, National
Archives and Records Service, General Services Administration, Codifying general
Page 17-29
and permanent rules published in The Federal Register by The Executive Departments
and agencies of The Federal Government.
K. COMPOSITE SAMPLE: The term “Composite Sample” shall mean a sample of
wastewater composed of samples collected at equal intervals, not exceeding one
hour, throughout the operational day of a user, representative of the discharge of
the facility.
L. DIRECTOR: The term “Director” shall mean the Public Works Director of the City of
Owasso or the person succeeding to these duties and functions by whatever name
known, or their duly authorized deputy, agent, or representative.
M. DOMESTIC SEWAGE: The term “Domestic Sewage” shall mean water-carried waste
normally discharged into the sanitary sewers of dwellings (including apartments,
houses, hotels, office buildings, factories and institutions) that is free from storm
surface water and industrial wastewater.
N. FATS, OILS, AND GREASE ("FOG"): The term “Fats, Oils, And Grease” or “FOG” shall
mean any substance such as vegetable or animal products that is used in, or is a
byproduct of, the cooking or food preparation process, and that turns or may turn
viscous or solidifies with a change in temperature or other conditions. It is typically a
non-petroleum organic polar compound derived from animal and/or plant sources
that contain multiple carbon chain triglyceride molecules and are detectable and
measureable using analytical procedures established in the most current version of
the United States Code of Federal Regulations 40 CFR 136.3.
O. FEDERAL CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD:
Any regulation containing pollutant discharge limits promulgated by the
Environmental Protection Agency in accordance with Section (307 (b) and (c) of the
Act (33 U.S.C. 1347) which applies to specific Industrial Users.
P. FOG PRETREATMENT SYSTEM: The term “FOG Pretreatment System” refers to properly
installed and operated Grease Interceptors, Grease Traps, FOG Recovery Units, and
other alternate systems as approved by the City of Owasso.
Q. FOG TRANSPORTER: The term “FOG Transporter” shall mean any person carrying on or
engaging in vehicular transport of FOG waste as part of, or incidental to, any
business for that purpose.
R. FOOD SERVICE ESTABLISHMENT (FSE): The term “Food Service Establishment” or “FSE”
shall mean any food service establishment and any other commercial facility with
the potential to discharge fats, oils and grease above the effluent limit of 100
milligrams per liter such as, but not limited to, restaurants, hotel kitchens, hospital
kitchens, school kitchens, bars, factory cafeterias, assisted living facilities and clubs.
An establishment is not considered an FSE when engaged only in reheating, hot
holding or assembly of ready-to-eat food products and as a result, there is no
wastewater discharge containing a significant amount of FOG and does not include
any operation that changes the form, flavor, or consistency of food.
S. GARBAGE: The term “Garbage” shall mean solid wastes and residue from the
preparation, cooking and dispensing of food, and from the handling, storage and
sale of food products and produce.
T. GRAB SAMPLE: The term “Grab Sample” shall mean a sample which is taken from a
waste stream on a one-time basis with no regard to the flow in the waste stream and
without consideration of time.
Page 17-30
U. GREASE INTERCEPTOR: The term “Grease Interceptor” shall mean a passive tank
installed outside a building and designed to remove fats, oils and grease prior to the
wastewater being discharged into the public sanitary sewer system and, as further
defined herein.
V. GREASE TRAP: The term “Grease Trap” shall mean a device for separating and
retaining FOG and solids prior to the wastewater exiting the trap and entering the
sanitary sewer collection system. Such traps are typically located under-the-sink units
that are located in or near food preparation areas.
W. INDUSTRIAL USER: The term “Industrial User” or “Industry” shall mean:
1. Any user of publically owned treatment works which discharges more than
equivalent of 25,000 gallons per day (gpd) of sanitary wastes and which is
identified in the Standard Industrial Classification Manual, 1972, Office of
Management and Budget, as amended and supplemented under one of
the following divisions:
Division A - Agriculture, Forestry, and Fishing
Division B - Mining
Division D - Manufacturing
Division E – Transportation, Communications, Electric, Gas, and
Sanitary Services
Division I Services
A user in the divisions listed shall be excluded if it is determined by the Director
that it will introduce only segregated domestic wastes or wastes from sanitary
conveniences.
2. Any user of publically owned treatment works which discharges wastewater to
the treatment works which contains toxic pollutants or poisonous solids, liquids,
or gasses in sufficient quantity either singly or by interaction with other wastes,
to contaminate sludge of any municipal systems, or to interfere with any
sewage treatment process, or which constitutes a hazard to humans, or
animals, creates a public nuisance, or creates any hazard in or has an adverse
effect on the waters receiving any discharge from the treatment works.
3. Any user for which Federal Categorical Standards apply.
X. INDUSTRIAL WASTE: The term “Industrial Waste” shall mean all water-carried solids,
liquids, and gaseous wastes resulting from any industrial, manufacturing or food
processing operation or process, from the development of any natural resource, or
any mixture of these with water or domestic sewage as distinct from normal domestic
sewage.
Y. INTERFERENCE: The inhibition or disruption of The City of Owasso treatment process or
operations, which contributes to a violation of any requirement of the City’s NPDES
Permit. The term includes prevention of sewage sludge use or disposal by The City of
Owasso in accordance with Section 405 of the Act, (33 U.S.C. 1345) or any criteria,
guidelines, or regulations developed pursuant to The Solids Waste Disposal Act
(SWDA), The Clean Air Act, The Toxic Substance Control Act, or more stringent State
of Oklahoma criteria (including those contained in any State of Oklahoma Sludge
Management Plan prepared pursuant to Title VI of SWDA) applicable to the method
of disposal or use employed by the City.
Z. MILLIGRAMS PER LITER (mg/l): The term “Milligrams Per Liter” or “mg/l” shall mean a
weight to volume ratio; the milligrams per liter value multiplied by the factor 8.34 shall
be equivalent to pounds per million gallons of water.
AA. MONITORING: The term “Monitoring” shall mean the performance of procedures
(wastewater flow measurements, wastewater sampling, sample analysis, etc.)
Page 17-31
necessary to determine Ordinance compliance and/or to verify strength of
wastewater flows.
BB. NEW SOURCE: The term “New Source” shall mean any source, the construction of
which is commenced after the publication of proposed regulations prescribing a
Section 307 (c) (33 U.S.C. 1317) Federal Categorical Pretreatment Standard which will
be applicable to such source, if such standard is thereafter promulgated within 120
days after proposal. A new source means any source, the construction of which is
commenced after the date of promulgation of the standard.
CC. NORMAL DOMESTIC SEWAGE: The term “Normal Domestic Sewage” shall mean
sewage of The City of Owasso in which the average concentration of suspended
solids and five-day B.O.D. is established at 250 milligrams per liter.
DD. OPERATIONAL DAY: The term “Operational Day” shall mean that period of time
during a twenty-four hour period during which the facility is operating and
consequently discharging wastewater.
EE. PERSON, ESTABLISHMENT, OR OWNER: The term “Person,” “Establishment,” or “Owner”
shall mean any individual, firm, company, association, society, corporation,
partnership or group, their agents, servants, or employees.
FF. pH: The term “pH” shall mean the logarithm (Base 10) of the reciprocal of the
hydrogen ion concentration expressed in moles per liter. It shall be determined by
one of the procedures outlines in “Standard methods.”
GG. POTW: The term “POTW” shall mean the publicly owned treatment works of the City
of Owasso.
HH. PREMISE: The term “Premise” shall be construed to mean any plot or tract of ground,
regardless of size or plat under individual ownership and/or individual use and
occupancy where the water service is metered independently of any other use.
II. PRETREATMENT: The term “Pretreatment” shall mean the reduction of the amount of
pollutants, the elimination of pollutants, or the alteration of the nature of pollutants, or
the alteration of the nature of pollutants properties in wastewater to a less harmful
state prior to or in lieu of discharging or otherwise introducing such pollutants into the
public sanitary sewer system. The reduction or alteration can be obtained by
physical, chemical, or biological processes, or process changes or other means,
except as prohibited herein.
JJ. PRETREATMENT COORDINATOR: The term “Pretreatment Coordinator” shall mean the
Pretreatment Coordinator of the City of Owasso or the person succeeding to these
duties and functions by whatever name known, or their duly authorized deputy,
agent, or representative.
KK. PUBLIC SANITARY SEWERS: The term “Public Sanitary Sewers” shall include the
following meanings:
1. All sanitary sewer of whatever size or extent for which The City of Owasso is
responsible for the operation, repair and maintenance thereof.
2. Any sanitary sewer, of whatever size or extent, the construction cost of
which has been paid for out of public funds in accordance with Title 11,
Section 37-201, Statutes of The State of Oklahoma.
LL. RENDERABLE FOG: The term “Renderable FOG” shall mean uncontaminated fats, oils
and grease from the food preparation process that can be used as a source of
Page 17-32
material that is free of impurities and can be recycled into products such as animal
feed and cosmetics.
MM. SANITARY SEWER: The term “Sanitary Sewer” shall mean sewer which carries sewage
and to which stormwaters, surface waters and groundwaters are not intentionally
admitted.
NN. SEWER SERVICE CHARGE: The term “Sewer Service Charge” shall mean the charge
made on all users of the sanitary sewer system whose wastes do not exceed in
strength the concentrations values established in this Ordinance.
OO. SEWER SYSTEM: The term “Sewer System” shall mean all facilities for collecting,
pumping, treating, and disposing of wastewaters and would include the wastewater
treatment facilities.
PP. SLUG: The term “Slug” shall mean any discharge of water, sewage, or industrial
waste other than toxic materials which in concentration of any given constituent or in
quantity or flow exceeds for any period of duration longer than fifteen (15) minutes
more than five (5) times the average twenty-four (24) hour concentration of flows
during normal operations.
QQ. STANDARD METHODS: The term “Standard Methods” shall mean the examination
and analytical procedures set forth in the latest edition at the time of analysis of
“Standard Methods for the Examination of Water and Wastewater” as prepared,
approved and published jointly by the American Water Works Association, and the
Water Pollution Control Federation.
RR. STORM WATER RUNOFF: The term “Storm Water Runoff” shall mean that portion of the
rainfall that is drained into the storm sewers.
SS. SURCHARGE: The term “Surcharge” shall mean the charge in addition to the sewer
service charge which is made on those persons whose wastes are greater in strength
than the concentration values established as representative of normal charges.
TT. SUSPENDED SOLIDS: The term “Suspended Solids” shall mean solids that either float on
the surface of, or are in suspension in water, sewage, or other liquids, and which are
removable by a laboratory filtration device. Quantitative determination of
suspended solids shall be made in accordance with procedures set forth in
“Standard Methods.”
UU. WASTEWATER OR SEWAGE: The terms “Wastewater” or “Sewage” shall mean a
combination of the water-carried waste from residences, business establishments,
institutions and industrial establishments.
VV. WASTEWATER DISCHARGE PERMIT: The term “Wastewater Discharge Permit” shall refer
to a permit issued by the City subject to the requirements and conditions established
by the City authorizing the permittee or discharger to discharge wastewater into the
public sewer system or transport FOG wastewater from an FSE within the City of
Owasso. Wastewater Discharge Permits include: FOG Wastewater Discharge Permit,
FOG Transporter Permit and/or Industrial Wastewater Discharge Permit.
WW. WASTEWATER PLANT: The term “Wastewater Plant” shall mean any City-owned
facility, device, and structure used for receiving and treating wastewater from The
City sanitary sewer system.
Page 17-33
SECTION 17-322 PERMIT AND INSPECTION REQUIRED
A. No unauthorized person shall construct any building sewer, nor uncover, make any
connections with or opening into, use, alter or disturb any public sewer without first
obtaining a permit from the City.
B. Any owner, authorized agent or contractor who desires to construct, enlarge, alter,
repair, move, demolish or change the occupancy of a building or structure, or to
erect, install, enlarge, alter, repair, remove, convert or replace any plumbing system
shall first make application to the Plumbing Inspector and obtain the required permit
for the work.
C. The Plumbing Inspector, upon notification from the permit holder or the permit
holder’s agent, shall make the following inspections and such other inspections as
necessary, and shall either release that portion of the construction or shall notify the
permit holder or an agent of any violations that must be corrected. The holder of the
permit shall be responsible for the scheduling of such inspections.
SECTION 17-323 ALTERING AFTER INSPECTION
It shall hereby be declared to be unlawful for any person to alter or change any sewer pipe or
remove any material after inspection has been made without obtaining a permit from the City
to do so, and then said Plumbing Inspector shall re-inspect all work altered or changed and the
same fee shall be charged as provided for the original inspection.
SECTION 17-324 PROHIBITED CONNECTIONS—RESPONSIBILITY OF PROPERTY OWNERS
No sources of stormwater, surface water, groundwater, subsurface water, or any other source of
infiltration or inflow shall be allowed to be connected directly or indirectly to a public sanitary
sewer. The City hereby requires that all property owners utilizing the City sanitary sewer system be
responsible for the maintenance of all connections, lines and fixtures in a manner sufficiently
watertight so as not to allow or permit leakage out of or seepage into said connections, lines
and fixtures from the place of discharge to the place of connection to the public sewage
system main. Such connections, lines and fixtures shall be subject to inspection and testing by
the City.
SECTION 17-325 RESPONSIBILITY FOR MAINTENANCE
It shall be the duty of all persons owning any property upon which there is a building sewer line
connecting to the public sanitary sewer system, to keep such sanitary sewer line up to and
including the connection to the public sewer line, in a good state of repair that it does not
constitute a health nuisance or interfere with the operation and maintenance of the public
sanitary sewer system. It shall be the duty of such owner to have the proper repairs made in
accordance with the City of Owasso Plumbing Code. The City shall have the right to enter onto
private property for the purpose of inspection, maintenance and evaluation of building sewer
lines to assure safe and sanitary conditions.
SECTION 17-326 PLUGGING OF ABANDONED BUILDING SEWERS, HOUSE SEWERS, OR HOUSE
SEWER LINE CONNECTIONS TO PUBLIC SANITARY SEWERS
A. Any person or establishment owning any house or other structure connected to any
public sanitary sewer shall, before demolition of such house or other structure or
before removal of such house or other structure from its site, cause such line
connection to any public sanitary sewer to be plugged adequately and properly.
B. Such plugging as referred to in paragraph (a) of this Section shall be done only by a
licensed plumber.
Page 17-34
C. Before any line connection to the public sanitary sewer shall be plugged, the
licensed plumber who is to do such plugging shall secure a permit from the City for
the plugging of such line connection to the public sanitary sewer.
D. After the permit referred to in paragraph (c) of this Section is secured and after the
plugging has been completed, it shall be the responsibility of the permit holder or the
permit holder’s agent, to notify the Plumbing Inspector to inspect such sanitary sewer
plug to ascertain that the same is proper and adequate.
E. No permit shall be issued for the removal or demolition of any such structure referred
to in paragraph (a) hereof until and after the Plumbing Inspector shall have
approved the sewer plug as being proper and adequate.
SECTION 17-327 RECONSTRUCTION OF PUBLIC SANITARY SEWERS
No building, structure, wall, or other above ground obstruction including additional fill material
shall be placed, erected, installed, or permitted directly over any public sanitary sewer. In the
event any of the above obstructions are to occupy the ground immediately above a public
sanitary sewer, it shall be necessary to first re-route the public sanitary sewer at the property
owner’s expense in order to subsequently comply with the above provisions. In the event there
is no sufficient grade available in order to perform the re-routing, it shall be necessary for the
property owner to present a proposed plan to the City setting forth the necessary construction
to safeguard the public sanitary sewer. In any event, either the re-routing of the sanitary sewer
or reconstruction as approved by the City shall be carried out through proper contracts and
bonds with the City of Owasso.
SECTION 17-328 ADMISSION OF INDUSTRIAL WASTE INTO THE PUBLIC SANITARY SEWERS
A. Approval Required. Review and acceptance by the Director shall be obtained prior
to discharge into the public sanitary sewers of wastes or waters having:
1. A five day 20 degree Centigrade biochemical oxygen demand (B.O.D.)
greater than 250 mg/l.
2. Suspended Solids containing greater than 250 mg/l.
3. The potential to discharge prohibited discharges.
B. Pretreatment. Where required, as herein specified to modify or eliminate wastes that
are harmful to the structures, process, or operation of the sewage works, or
detrimental to the quality of the effluent, sludge, the person shall provide, at their
expense, such pretreatment as may be determined by the Director, necessary to
render the wastes acceptable for admission to the public sanitary sewers, and
comply with the limitations specified herein.
C. Industrial Waste with excessive B.O.D. or Suspended Solids. Person or owners
discharging industrial wastes which exhibit none of the characteristics of wastes
prohibited in Section 17-329, other than excessive B.O.D. or Suspended Solids but
have a concentration during a twenty-four (24) hour period average of B.O.D. or
Suspended Solids content in excess of “normal domestic sewage” shall be required
to pretreat the industrial wastes to meet the requirements of “normal domestic
sewage” however, such wastes may be accepted for treatment if all the following
requirements are met:
1. The waste will not cause damage to the sanitary sewer collection system;
2. The waste will not impair the wastewater treatment process;
3. The discharger of the waste enters into a contractual agreement with The
City of Owasso providing for a surcharge over and above the published
sewer rates.
Page 17-35
D. Grease, Oil and Sand Interceptors. Grease, Oil, and sand traps or interceptors shall
be provided for proper handling of liquid wastes containing grease or any flammable
wastes, sand and other harmful ingredients; except that such interceptors shall not
be required for private living quarters or dwellings. All interceptors shall be of a type
and capacity as defined in the City of Owasso Plumbing Code shall be approved by
the City and shall be located to be readily and easily accessible for easy cleaning
and inspection. Grease and Oil interceptors shall be constructed of impervious
materials capable of withstanding abrupt and extreme changes in temperature.
They shall be of substantial construction, watertight and equipped with easily
removable covers which, when bolted in place, shall be gas tight and watertight.
Where installed, all grease, oil, and sand interceptors shall be maintained by the
owner at their expense, in continuously efficient operation at all times. Materials
removed from these facilities shall be either utilized by industry or disposed of at
designated approved locations.
E. Control Chambers For Industrial Waste
1. Any person discharging or desiring to discharge industrial waste into the
public sanitary sewer system which leads to the City’s wastewater
treatment plant shall, within one (1) year from the effective date of this
Ordinance, provide and maintain in a suitable and accessible position on
the premises, or such premises occupied by them, an inspection chamber
or manhole near the outlet of each building sewer, drain, pipe, channel or
connection which discharges industrial waste into any sanitary sewer or
any sewer connected therewith.
2. Every such manhole or inspection chamber shall be of such design and
construction as to prevent infiltration by ground and surface waters or
introduction of slugs of solids by the installation of screens with maximum
openings of one inch, but of sufficient fineness to prevent the entrance of
the objectionable slugs of solids to the sanitary sewer system, and shall be
so maintained by the person discharging wastes so that any authorized
representative or employee of the City may readily and safely measure
the volume and obtain samples of the flow at all times. Plans for
construction of control manholes or inspection chambers including such
flow measuring devices as may be required by this Ordinance, shall be
approved by the Director prior to the beginning of construction.
F. Submission of Information. Plans, specifications, and any other pertinent information
relating to proposed preliminary treatment or processing facilities or flow equalization
facilities shall be submitted for approval by the City prior to the start of their
construction, if effluent from such facilities is to be discharged into public sanitary
sewers. All plans shall be prepared by a Registered Professional Engineer and shall
bear his or her signature and seal.
SECTION 17-329 PROHIBITED DISCHARGES
A. No person shall discharge, or cause to be discharged, any storm water, ground
water, roof runoff, subsurface drainage or any water from down spouts, yard drains,
yard fountains, and ponds, septic tanks, or lawn sprays into any sanitary sewer.
Water from swimming pools, boiler drains, blow-off pipes or cooling water from
various equipment, may be discharged into the sanitary sewer by an indirect
connection whereby such discharge is cooled if required, and flows into the sanitary
sewer, at a rate not to exceed the capacity of the sanitary sewer provided the waste
does not contain materials or substances in suspension or solution in violation of the
limits prescribed by this Chapter; and provided further that said water from an air
conditioning or cooling unit shall in no event exceed one-tenth (0.1) gallon per
minute per ton capacity of the unit. Dilution of any waste discharge to the sanitary
Page 17-36
sewer system is prohibited, whether accomplished by the combination of two or
more waste streams by a person or addition of other liquids solely for the purpose of
diluting the quality of the waste discharge.
B. No person shall discharge, or cause to be discharged, into any public sanitary sewer
any of the following described substances, materials, waters, or wastes:
1. Any liquid or vapor having a temperature higher than 140 Fahrenheit or
(60 degrees Centigrade), or which would cause the wastewater
treatment plant influent to exceed 104 degrees Fahrenheit, or 40 degrees
Centigrade.)
2. Any water or waste which contains wax, grease, oil, plastic, or other
substance that will solidify or become discernibly viscous at temperatures
between 32 degrees to 140 degrees Fahrenheit.
3. Flammable or explosive liquid, solids or gas, such as gasoline, kerosene,
benzene, naphtha, and other like substances.
4. Solids or viscous substances in quantities capable of causing obstruction
to flow in sanitary sewers, or other interference with the proper operation
of the sewage works, such as ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch,
manure, hair, and fleshing, entrails, lime slurry, lime residue, slops, chemical
residues, plant residues, fiberglass, or bulk solids.
5. Any noxious or malodorous substance which can form a gas, which either
singly or interacting with other wastes, is capable of causing
objectionable odors or hazards to life and property, which forms solids in
concentrations exceeding limits established herein or creates any other
condition deleterious to structures or treatment processes; or requires
unusual facilities, attention, or expense to handle such materials.
C. Except in quantities, or concentrations, or with provisions as stipulated herein, it shall
be unlawful for any person, commercial property, corporation, or individual to
discharge waters or waste to the public sanitary sewers containing:
1. Free or emulsified oil and grease exceeding on analysis an average of 100
mg/l of either or both or combinations of free or emulsified oil and grease,
if, in the opinion of the City, it appears probable that such wastes:
a. Can deposit grease or oil in the sanitary sewer lines such manner
as to clog the sanitary sewers;
b. Can over load the discharge’s skimming and grease handling
equipment;
c. Are not amenable to biological oxidation and will therefore pass
to the receiving waters without being affected by normal
wastewater treatment processes; or
d. Can have deleterious effects on the treatment process due to
excessive quantities.
2. Discharge of wastes through food grinders and/or garbage-disposal-type
devices to the public sanitary sewer is prohibited.
3. Acids or alkali, which attack or corrode sanitary sewers or wastewater
disposal structures or have a pH value lower than 5.0 or higher than 12.5.
4. Salts of heavy metals, in solution or suspension, in concentrations, toxic to
biological wastewater treatment processes, or adversely affect sludge
digestion or any other biochemical, biological, or other wastewater
treatment process, or to the biota of the receiving stream to which the
effluent of the wastewater treatment facility discharges, or exceeding the
following, the analytical results to be expressed in terms of the elements
indicated:
Page 17-37
TOXIC SUBSTANCE – MG/l
Cadmium 0.7
Chromium 3
Copper 3
Lead 0.4
Mercury .002
Nickel 3
Zinc 3
Or other elements which will damage collection facilities or are detrimental to
treatment processes or are detrimental to the biota of the receiving stream to
which the effluent of the wastewater treatment facility discharges.
When the volume of a single toxic industrial waste discharge, or the
combined toxic industrial waste discharge of a group of industries within a
single contributory area, is so large as to raise a question of the ultimate
concentration of toxic substances entering a treatment plant or a receiving
stream, the City shall impose separate or special concentration limits upon
the discharger to insure:
a. That the concentrations in wastewater of any toxic substances
shall not exceed those concentrations in the influent of any
wastewater treatment plant toxic to biological wastewater
treatment processes, or adversely affect sludge digestion, or
“sludge quality,” or any biochemical, biological or other
wastewater treatment process.
b. That in no instance will the combined concentrations of any toxic
substances in the effluent of any wastewater treatment plant
exceed the discharge stream limitations as published by the state
regulatory agency.
5. Cyanide or Cyanogen compounds capable of liberating hydrocyanic
gas on acidification in excess of two (2) mg/l as CN in the waste from any
outlet into the public sanitary sewers.
6. Radioactive materials exceeding the existing standards of The Oklahoma
State Department of Health, or unless they comply with The Atomic Energy
Commission Act of 1954 (68 O.D. 919 as amended and Part 20, Sub-Part D
– Waste Disposal, Section 20.303, of the regulations issued by The Atomic
Energy Commission, or amendments thereto).
7. Any wastewater containing phenols or other taste producing substances
in such concentrations as to produce odor or taste in the effluent as to
affect the taste and odor of the receiving waters.
8. Materials which exert or cause:
a. Unusual concentrations of solids or composition; as for example in
total suspended solids of inert nature (such as Fuller’s Earth) and
/or in total dissolved solids (such as Sodium Chloride, Calcium
Chloride, or Sodium Sulfate).
b. Excessive discoloration
c. Unusual biochemical oxygen demand or an immediate oxygen
demand
d. High Hydrogen Sulfide content; or
Page 17-38
e. Unusual flow and concentration.
9. Toxic substances which are not amenable to treatment or reduction by
the wastewater treatment process employed, or are amenable to
treatment only to such degree that the wastewater treatment plant
cannot meet the requirements of other agencies having jurisdiction over
discharge to the receiving waters without first pretreating to a
concentration acceptable to the City.
When wastewater containing any of the aforementioned materials is
discharged into the sanitary sewer and such wastes are not properly
pretreated or otherwise corrected, the City may (1) reject the wastes and
terminate the service to the sanitary sewer; (2) require control of the
quantities and rates of discharge of such wastes with flow regulating
devices; (3) require payment of surcharge for excessive cost of treatment
provided such wastes are amenable to treatment by existing wastewater
treatment plant facilities.
10. Except where expressly authorized by the City to do so by an applicable
categorical Pretreatment Standard, no Industrial User shall ever increase
the use of process water or, in any other way, attempt to dilute a
discharge as a partial or complete substitute for adequate treatment to
achieve compliance with Ordinance discharge limitations.
SECTION 17-330 GENERAL LIMITATIONS, PROHIBITIONS AND REQUIREMENTS ON FATS, OILS
AND GREASE ("FOG") DISCHARGES
A. This Section establishes requirements for controlling the discharge of fats, oils and
grease (FOG) from food service establishments (FSE) discharging into the City's sewer
system and for regulation of FOG Transporters operating within the city limits. The
objectives of this Section are:
1. To reduce operational and maintenance cost of maintaining the
Wastewater Treatment Plant and the sanitary sewer lines through the
implementation of a FOG management program.
2. To prevent clogging or blocking of the City's sewer lines due to grease
build-up causing sanitary sewer overflows onto streets, into stormwater
systems or waterways and into residences and commercial buildings,
resulting in potential liability to the City.
3. To prevent maintenance and odor problems at wastewater pumping
stations due to grease build-up.
4. To establish fees for the recovery of costs resulting from the program
established herein.
5. To permit FOG Transporters and FSEs operating within the City of Owasso.
6. To ensure that all existing and future FSEs have a properly functioning FOG
pretreatment system.
B. GENERAL LIMITATIONS AND REQUIREMENTS- Food service establishments (FSEs)
discharging wastewater to the City of Owasso’s sewer system and FOG Transporters
that transport FOG within the City of Owasso are subject to the following
requirements, which shall constitute the City of Owasso’s Fats, Oils and Grease
Management Program (“FOG”):
1. Compliance with the FOG Management Program for the discharge of
wastewater and hauling associated with FSEs.
2. Filing of a FOG Wastewater Discharge Permit application. All applications
are non-transferable and must be resubmitted to the City after any
change in ownership.
3. Inspections performed by the City to verify compliance with these
Page 17-39
requirements and those requirements of the FOG Management Program
for the discharge of wastewater associated with FSEs.
4. Quarterly submittal of manifests by FOG Transporters.
5. Payment of any fees associated with registration, fines or violations,
variances and reimbursement for costs associated with any emergency
services provided by the City of Owasso.
C. DISCHARGE LIMITS - No facility shall discharge or cause to be discharged any
wastewater with a FOG concentration in excess of one hundred (100) milligrams per
liter, as determined by the currently approved test for total recoverable fats and
grease listed in 40 CFR 136.3, or that may accumulate and/or cause or contribute to
blockages in the sewer system or at the building sewer lateral which connects the FSE
to the public sewer system, as determined by the City of Owasso.
D. PROHIBITIONS- The following prohibitions shall apply to all FSEs:
1. Installation of food grinders in the plumbing system of new construction of
FSEs shall be prohibited. Furthermore, all food grinders shall be removed
from all existing FSEs within one hundred eighty (180) days of the effective
date of this Chapter.
2. Introduction of any additives into an FSE's wastewater system for the
purpose of emulsifying FOG or biologically/chemically treating FOG for
grease remediation or as a supplement to interceptor maintenance.
3. Disposal of waste cooking oil into drainage pipes is prohibited. All waste
cooking oils shall be collected and stored properly in receptacles such as
barrels or drums for recycling or other acceptable methods of disposal.
4. Discharge of wastewater with temperatures in excess of one hundred
forty (140) degrees F to any FOG Pretreatment System is prohibited.
5. Discharge of wastes from toilets, urinals, washbasins, and other fixtures
containing fecal materials to sewer lines intended for grease interceptor
service, or vice versa, is prohibited.
6. Discharge of any waste including FOG and solid materials removed from
the grease trap or interceptor to the sewer system is prohibited. Grease
removed from grease traps or interceptors shall be hauled, by a permitted
FOG Transporter, periodically, as defined in the FOG Management
Program, as part of the operation and maintenance requirements for
grease interceptors.
7. Operation of grease interceptors with FOG and solids accumulation
exceeding twenty-five (25) percent of the design hydraulic depth of the
grease interceptor (twenty-five (25) percent rule) is prohibited.
8. Renderable FOG shall not be disposed of in any sewer, septic tank or
grease interceptor. All renderable fats, oil and grease shall be stored in a
separate, covered, leak-proof, renderable FOG container, stored out of
reach of vermin, and collected by a permitted FOG Transporter.
E. FOG WASTEWATER DISCHARGE PERMIT REQUIRED - No person shall discharge, or
cause to be discharged any wastewater from FSEs directly or indirectly into the City
sewer system without first obtaining a FOG Wastewater Discharge permit pursuant to
this Section.
F. FOG WASTEWATER DISCHARGE PERMIT FEE - The FOG Wastewater Discharge Permit
fee shall be a monthly fee as established by resolution of the City Council and shall
be paid by the applicant on the monthly Utility Bill. Permit applications shall be
submitted within ninety (90) days of adoption of this Ordinance and shall be renewed
every five (5) years. A permittee shall also pay any delinquent invoices in full prior to
permit issuance. Fees are non-refundable.
Page 17-40
G. FOG TRANSPORTER PERMIT REQUIRED - It shall be unlawful and an offense for any
person or entity to collect or transport grease interceptor/pretreatment system
wastes within the City of Owasso unless such person or entity possesses a valid FOG
Transporter Permit pursuant to this Section. Possession of a FOG Transporter Permit
shall not relieve the permit holder of any obligations to comply with all federal, state
and local laws and regulations including but not limited to applicable Pretreatment
Standards and Stormwater regulations.
H. FOG TRANSPORTER PERMIT APPLICATION AND RENEWAL FEE - The FOG Transporter
Permit application and renewal fees shall be an annual fee as established by
resolution of the City Council and shall be paid by the applicant upon submittal of
the required FOG Transporter Permit application for coverage under the FOG
Management Program. Payment of all applicable fees or charges must be paid
upon submission of the permit application. A permittee shall also pay any delinquent
invoices in full prior to permit issuance or renewal. Fees are non-refundable.
I. PERMIT REVOCATION: An issued permit may be terminated for, but not limited to the
following reasons:
1. Failure to abide by FOG Management Program requirements;
2. Failure to pay fines;
3. Failure to pay fees; or
4. Failure to meet compliance schedules.
J. BEST MANAGEMENT PRACTICES REQUIRED- All FSEs shall implement best management
practices in its operation to minimize the discharge of FOG to the sewer system.
Detailed requirements for best management practices shall be specified in the FOG
Management Program. This may include, but not be limited to, kitchen practices and
employee training that is essential in minimizing FOG discharge. Commercial and
industrial discharges shall also be in full compliance with the provisions of this
Ordinance.
K. FOG PRETREATMENT SYSTEM REQUIRED.
1. An approved FOG Pretreatment System shall be required for all new and
existing FSEs, including restaurants, cafeterias, diners, and similar non-
industrial facilities using food preparation processes. FOG Pretreatment
Systems shall not be required for single-family private living quarters or
dwelling units.
2. An existing FSE that requires a new FOG Pretreatment System, as
determined by the City of Owasso, shall be installed within one (1) year of
adoption of this Ordinance.
3. All existing FSEs that have an existing FOG Pretreatment System may, as
determined by the City of Owasso, keep the existing FOG Pretreatment
System in operation provided the FOG Pretreatment System is in good
operating condition and complies with the purpose and intent of the FOG
Management Program.
4. The City may require an existing facility to install a new FOG Pretreatment
System that complies with the requirements of the City of Owasso
Plumbing Code, or to modify or repair any noncompliant plumbing or
existing FOG Pretreatment System when any one (1) or more of the
following conditions exist:
a. The facility is found to be contributing grease in quantities sufficient
to cause line blockages or necessitate increased maintenance on
the sewer system.
b. Grease concentrations exceed one hundred (100) mg/l on
wastewater effluent as determined by sampling performed by the
City.
Page 17-41
c. The facility does not have a FOG Pretreatment System.
d. The facility has an irreparable or defective FOG Pretreatment
System.
e. Remodeling the food preparation or kitchen waste plumbing
system is performed which requires a plumbing permit to be issued
by the City of Owasso.
f. The facility is sold or undergoes a change of ownership.
g. The facility does not have plumbing connections to a FOG
Pretreatment System in compliance with the requirements of this
article.
5. All costs and related expenses associated with the installation and
connection of the FOG Pretreatment System(s) shall be at the FSE’s
expense.
L. FOG PRETREATMENT SYSTEM AND MAINTENANCE REQUIREMENTS.
1. All FOG Pretreatment Systems must be installed in accordance with the
requirements of the City of Owasso Plumbing Code and shall be
maintained continuously in satisfactory and effective operation, at the
FSE's expense.
2. The grease interceptor shall be cleaned by a permitted FOG Transporter
whenever twenty-five percent (25%) of the operating depth of the grease
interceptor is occupied by fats, oils, grease, and settled solids, or a
minimum of once every three (3) months, whichever is more frequent
unless allowed by the City for good cause shown. Such approval will be
granted on a case-by-case basis upon submittal of a request by the FSE
documenting reasons for the proposed frequency variance. The City shall
not approve any request unless the applicant demonstrates that the
frequency variance will not result in the introduction of any greater
quantities of FOG into the public sanitary sewer system than would
otherwise be introduced.
3. Cleaning of grease interceptors shall include the complete removal of all
contents, including floating materials, wastewater and settled sludge.
Decanting back into the Grease Interceptor shall not be permitted. Grease
Interceptor cleaning shall include scraping excessive solids from the wall,
floors, baffles and all piping.
4. All material removed and hauled from FOG Pretreatment Systems must be
performed by a FOG Transporter permitted by the City of Owasso.
M. MONITORING, REPORTING, NOTIFICATION AND INSPECTION REQUIREMENTS.
1. The City may require periodic reporting of the status of implementation of
best management practices, in accordance with the FOG Management
Program.
2. The City may require reports for self-monitoring of wastewater constituents
and FOG characteristics for the permittee needed for determining
compliance with any conditions or requirements as specified in the FOG
Management Program or this Ordinance. Failure by the permittee to
perform any required monitoring, or to submit monitoring reports required
by the City constitutes a violation of this Chapter and shall be cause for
the City to initiate all necessary tasks and analyses to determine the
wastewater constituents and FOG characteristics for compliance with any
conditions and requirements specified in the FOG Management Program
or in this Chapter. The permittee shall be responsible for any and all
expenses of the City in undertaking such monitoring analyses and
preparation of reports.
Page 17-42
3. Other reports may be required such as compliance schedule progress
reports, FOG control monitoring reports, and any other reports deemed
reasonably appropriate to ensure compliance with this Ordinance.
4. Manifests will be used to track grease interceptor/trap, oil/water separator
and/or grit trap waste from the initial generation of the waste to the final
disposal. It will be the responsibility of the FOG Transporter to prepare the
manifest. Manifests will be issued to each FOG Transporter who has been
issued a permit by the City. The FOG Transporter will ensure that the form is
completed entirely. The FOG Transporter will keep a copy for their files,
leave the appropriate copy of the manifest with the generator and mail a
completed copy to the Owasso Public Works Department in accordance
with the Permit.
N. RECORD KEEPING REQUIREMENTS - The permittee shall be required to keep all
manifests, receipts and invoices of all cleaning, maintenance, grease removal
of/from the FOG pretreatment system, FOG Transporter and disposal site location for
no less than three (3) years. The permittee shall, upon request, make the manifests,
receipts and invoices available to any City representative. These records shall be
kept and include but are not limited to:
1. A record of FOG pretreatment system cleaning and maintenance
practices.
2. A record of best management practices being implemented including
employee training.
3. Copies of records and manifests of FOG pretreatment system cleaning.
4. Records of any spills and/or cleaning by the FSE or FSE's contractor of
private lateral or building sewer system.
5. Any other information deemed appropriate by the City to ensure
compliance with this Ordinance.
6. Failure to accurately maintain the FOG information and records or if the
records are not available upon request is considered a violation of the
permittee's FOG Wastewater Discharge Permit.
O. FALSIFYING INFORMATION OR TAMPERING WITH PROCESS - It shall be unlawful to
make any false statement, representation, record, report, plan or other document
that is filed with the City, or to tamper with or knowingly render inoperable any FOG
pretreatment system, monitoring device or method or access point required under
this Chapter.
SECTION 17-331 INDUSTRIAL WASTEWATER DISCHARGE PERMITS
It shall be unlawful to discharge wastewater to the public sanitary sewer except as authorized in
accordance with the provisions of this Ordinance. Upon promulgation of the Federal
Categorical Pretreatment Standards for a particular industrial subcategory, if the discharge
limitations defined in that regulation are more stringent than imposed under this Ordinance, the
categorical limitation shall govern.
A. INDUSTRIAL WASTEWATER DISCHARGE PERMITS- No Industrial User shall discharge
wastewater to the public sanitary sewer without a valid Industrial Wastewater
Discharge Permit issued by the City. All Industrial Users proposing to connect to or to
discharge wastewater, industrial waste, and other waste to the public sanitary sewers
shall obtain an Industrial Wastewater Discharge Permit before connecting to or
discharging to the public sanitary sewer.
B. PERMIT APPLICATION –Industrial Wastewater Discharge Permits will be issued only after
the following conditions are met:
1. Formal application is submitted on a form issued by the City.
Page 17-43
2. Where applicable, pretreatment facilities and/or flow regulating devices or
inspection chambers approved by the City have been installed.
3. Estimated flow, amounts and strengths of industrial wastes have been
agreed upon by both parties. When a discharger discharges 25,000
gallons or more daily, strengths of analytes shall be based on actual
samples from the point or points of discharge.
4. All new discharges shall provide a control chamber or inspection chamber
subject to approval of the City.
C. PERMIT CONDITIONS- Industrial Wastewater Discharge Permits shall be expressly
subject to all provisions of this Ordinance and all other applicable regulations, user
charges and fees established by the City. Permits may contain the following:
1. The unit charge or schedule of user charges and fees for the wastewater
to be discharged to a public sanitary sewer;
2. Limits on the average and maximum wastewater constituents and
characteristics;
3. Limits on average and maximum rate and time of discharge or
requirements for flow regulations and equalization;
4. Requirements for installation and maintenance of inspection and
sampling facilities;
5. Specification for monitoring programs which may include sampling
locations, frequency of sampling, number, types, and standards for test
and reporting schedule;
6. Compliance schedules;
7. Requirements for submission of technical reports or discharge reports;
8. Requirements for maintaining and retaining plant records relating to
wastewater discharge as specified by the City, and affording City access
thereto;
9. Requirements for notification of the City of any new introduction of
wastewater constituents or any substantial change in the volume or
characteristics of the wastewater constituents being introduced into the
wastewater treatment system;
10. Requirements for notification of slug discharges;
11. Other conditions as deemed appropriate by the City to ensure
compliance with this Ordinance.
D. PERMIT ISSUANCE AND RENEWAL FEES- The Industrial Wastewater Discharge Permit
application and renewal fees shall be an annual fee as established by resolution of
the City Council and shall be paid by the applicant upon submittal of the required
Industrial Wastewater Discharge Permit application for coverage under the Industrial
Pretreatment Program. Payment of all applicable fees or charges must be received
by the City upon submission of the permit application. A permittee shall also pay any
delinquent invoices in full prior to permit issuance or renewal. Fees are non-
refundable.
For permit renewal, a certified annual report shall be submitted to the Director
certifying that there have been no changes in the operational procedures, flow
rates, BOD, and Suspended Solids values, or if there have been such changes,
furnishing the information in such detail as may be required by the City. Failure to
submit such reports shall constitute cause for the suspension or revocation of the
Industrial Wastewater Discharge Permit. Any significant changes in flow rate, BOD,
and/or Suspended Solids values or other characteristics of the industrial waste being
discharged shall be reported to the City within thirty (30) days of such changes. In
the event a permit is cancelled for any cause under the provisions hereof, a fee in
the amount twice the applicable initial permit fee shall be charged for subsequent
permit.
Page 17-44
E. PERMIT TRANSFER- Industrial Wastewater Discharge Permits shall be issued to an
Industrial User for a designated premise or premises. An Industrial Wastewater
Discharge Permit shall not be reassigned, transferred, or sold to a new owner, new
user, different premises, or new or changed operations.
F. PERMIT MODIFICATIONS- Upon promulgation of Federal Categorical Standards, the
Industrial Wastewater Discharge Permit of applicable users shall be modified to
require compliance with such regulations and compliance with applicable
requirements under 40 CFR 403.12.
G. PERMIT REVOCATION- The Director may revoke a wastewater discharge permit for
good cause, including, but not limited to, the following reasons:
1. Failure of the user to report significant changes in operations or wastewater
constituents and characteristics to the Director prior to changed discharge.
2. Misrepresentation or failure to fully disclose all relevant facts in the Industrial
Wastewater Discharge Permit application.
3. Falsifying self-monitoring reports.
4. Tampering with monitoring equipment.
5. Refusing to allow the Director timely access to the facility premises for the
purpose of monitoring and inspections of records.
6. Failure to meet effluent limitations.
7. Failure to pay fines.
8. Failure to pay sewer charges.
9. Failure of a user to make payment on any monthly industrial surcharge,
annual permit renewal fees, additional testing costs, etc., that may be
assessed by or due to the City.
10. Failure to meet compliance schedules.
11. Violation of conditions of the Industrial Wastewater Discharge Permit.
12. Failure to complete a wastewater survey or the Industrial Wastewater
Discharge Permit application.
13. Failure to provide advance notice of the transfer of business ownership of a
permitted facility.
14. Violation of any pretreatment standard or requirement or any terms of the
wastewater discharge permit or this article.
Industrial Wastewater Discharge Permits shall be voidable upon cessation of
operations or transfer of business ownership. All Industrial Wastewater Discharge
Permits issued to a particular industrial user are void upon the issuance of a new
Industrial Wastewater Discharge Permit to that industrial user.
SECTION 17-332 CONFIDENTIAL INFORMATION
Information and data obtained from applications, questionnaires, permits, monitoring programs
and inspections and any other required reports or documents under this chapter shall be
available for inspection by the public or any government agency without restriction, unless a
user specifically states that the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets of the user. Any information
submitted to the City may be claimed as confidential in accordance with applicable federal
regulations. Any claim of confidentiality must be made at the time of submittal by stamping the
words "Confidential Business Information" on each page containing such information. When
requested by the user furnishing the report, the portion of a report which might disclose trade
secrets or secret processes shall not be made available for inspection by the public, but shall be
made available upon written request to governmental agencies for uses related to regulation of
the user's discharge; subject, however, to the confidentiality provisions of 40 CFR part 2, which
are incorporated by this reference as applicable to the City to the same extent part 2 is
applicable to the EPA, or any applicable state law. If a party to any judicial or administrative
Page 17-45
proceeding or any court or any administrative agency (except as specified in this Section)
demands or subpoenas or orders the production of any such confidential information, the City
shall immediately notify the person who supplied such information so that the person shall have
the opportunity to secure judicial or administrative relief to preserve such confidentiality. Unless
such person gets such relief, the City will comply with such demand, subpoena or order if it is
legally required to do so. Wastewater constituents and characteristics will not be recognized as
confidential information. Persons, other than authorized representatives of the United States
Environmental Protection Agency or the state department of natural resources, requesting to
review information and data, must do so in writing and must pay all applicable costs associated
with the preparation and copying of such information and data.
SECTION 17-333 RESERVED
SECTION 17-334 POWERS AND AUTHORITY OF ENFORCING AGENTS
A. RIGHT OF ENTRY - The Director or their duly authorized agents bearing credentials and
identification shall be permitted to gain access to such properties as may be
necessary for the purpose of inspection, observation, measurement, sampling, and
testing, to determine compliance of provisions of this Ordinance and the wastewater
discharge permit.
B. NOTIFICATION OF VIOLATION - When the Director finds that a person has violated, or
continues to violate, any provision of this Ordinance, a wastewater discharge permit,
or order issued hereunder, or any other Pretreatment Standard or Requirement, the
Director may serve upon that person a written Notice of Violation. Within seven (7)
days of the receipt of such notice, an explanation of the violation and a plan for the
satisfactory correction and prevention thereof, to include specific required actions,
shall be submitted by the person to the Director. Submission of such a plan in no way
relieves the person of liability for any violations occurring before or after receipt of the
Notice of Violation. Nothing in this Section shall limit the authority of the Director to
take any action, including emergency actions or any other enforcement action,
without first issuing a Notice of Violation.
C. CONSENT ORDERS - The Director may enter into Consent Orders, assurances of
compliance, or other similar documents establishing an agreement with any person
responsible for noncompliance. Such documents shall include specific action to be
taken by the person to correct the noncompliance within a time period specified by
the document.
D. SHOW CAUSE HEARING - The Director may order a person which has violated, or
continues to violate, any provision of this ordinance, any Wastewater Discharge
Permit, or order issued hereunder, or any other Pretreatment Standard or
Requirement, to appear before the Director and show cause why the proposed
enforcement action should not be taken. Notice shall be served on the person
specifying the time and place for the meeting, the proposed enforcement action,
the reasons for such action, and a request that the person show cause why the
proposed enforcement action should not be taken. The notice of the meeting shall
be served personally or by registered or certified mail (return receipt requested) at
least fifteen (15) days prior to the hearing. Such notice may be served on any
Authorized Representative of the person. A show cause hearing shall not be a bar
against, or prerequisite for, taking any other action against the person.
E. COMPLIANCE ORDERS - When the Director finds that a person has violated, or
continues to violate, any provision of this ordinance, a Wastewater Discharge Permit,
or order issued hereunder, or any other Pretreatment Standard or Requirement, the
Director may issue an order to the person responsible for the discharge directing that
the person come into compliance within a specified time. If the person does not
Page 17-46
come into compliance within the time provided, sewer service may be discontinued
unless adequate treatment facilities, devices, or other related appurtenances are
installed and properly operated. Compliance orders also may contain other
requirements to address the noncompliance, including additional self-monitoring and
management practices designed to minimize the amount of pollutants discharged to
the sewer. A compliance order may not extend the deadline for compliance
established for a Pretreatment Standard or Requirement, nor does a compliance
order relieve the person of liability for any violation, including any continuing
violation. Issuance of a compliance order shall not be a bar against, or a prerequisite
for, taking any other action against the person.
F. CEASE AND DESIST ORDERS - When the Director finds that a person has violated, or
continues to violate, any provision of this ordinance, a Wastewater Discharge Permit,
or order issued hereunder, or any other Pretreatment Standard or Requirement, or
that the person’s past violations are likely to recur, the Director may issue an order to
the person directing it to cease and desist all such violations and directing the person
to:
1. Immediately comply with all requirements; and
2. Take such appropriate remedial or preventive action as may be needed
to properly address a continuing or threatened violation, including halting
operations and/or terminating the discharge. Issuance of a cease and
desist order shall not be a bar against, or a prerequisite for, taking any
other action against the person.
G. TERMINATION OF DISCHARGE - In addition to the provisions in this Section, any person
who violates the following conditions is subject to discharge termination:
1. Violation of wastewater discharge permit conditions;
2. Failure to accurately report the wastewater constituents and
characteristics of its discharge;
3. Failure to report significant changes in operations or wastewater volume,
constituents, and characteristics prior to discharge;
4. Refusal of reasonable access to the person’s premises for the purpose of
inspection, monitoring, or sampling; or
5. Violation of the Prohibited Discharges in Section 17-329 of this Ordinance.
6. Such person will be notified of the proposed termination of its discharge
and be offered an opportunity to show cause under this Section why the
proposed action should not be taken. Exercise of this option by the
Director shall not be a bar to, or a prerequisite for, taking any other action
against the person.
H. WATER SEVERENCE - Whenever a person has violated or continues to violate any
provision of this Ordinance, a wastewater discharge permit, or order issued
hereunder, or any other Pretreatment Standard or Requirement, water service to the
person may be severed. Service will recommence, at the person’s expense, only
after the person has satisfactorily demonstrated its ability to comply.
I. EMERGENCY SUSPENSION - The Director may immediately suspend a person’s
discharge, after informal notice to the person, whenever such suspension is necessary
to stop an actual or threatened discharge, which reasonably appears to be present,
or cause an imminent or substantial endangerment to the health or welfare of
persons. The Director may also immediately suspend a person’s discharge, after
notice and opportunity to respond, that threatens to interfere with the operation of
the publicly owned treatment works (POTW), or which presents, or may present, an
endangerment to the environment.
Page 17-47
Nothing in this Section shall be interpreted as requiring a hearing prior to any
Emergency Suspension under this Section.
J. INJUNCTIVE RELIEF - When the Director finds that a person has violated, or continues
to violate, any provision of this Ordinance, a wastewater discharge permit, or order
issued hereunder, or any other Pretreatment Standard or Requirement, the Director
may petition the appropriate court of the State of Oklahoma for the issuance of a
temporary or permanent injunction, as appropriate, which restrains or compels the
specific performance of the wastewater discharge permit, order, or other
requirement imposed by this Ordinance on activities of the person. The Director may
also seek such other action as is appropriate for legal and/or equitable relief,
including a requirement for the person to conduct environmental remediation. A
petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any
other action against a person.
K. ADMINISTRATIVE FINES -
1. When it has been determined that a person has violated, or continues to
violate, any provision of this Ordinance, a wastewater discharge permit, or
order issued hereunder, or any other Pretreatment Standard or
Requirement, the Director may fine such person in an amount not to
exceed one thousand dollars ($1,000.00) per day per violation. Such fines
shall be assessed on a per violation, per day basis. In the case of monthly
or other long-term average discharge limits, fines shall be assessed for
each day during the period of violation.
2. The Director is hereby authorized to establish an administrative procedure
or plan to be known as the Pretreatment Enforcement Response Plan for
the administration of this Chapter and the enforcement of compliance
with the provisions of this Chapter. The Director may amend the
Pretreatment Enforcement Response Plan from time to time as may be
necessary to enforce compliance.
3. Unpaid charges, fines, and penalties shall, after thirty (30) calendar days,
be assessed an additional penalty of an amount, as approved by the
courts each year, of the unpaid balance, and interest shall accrue
thereafter at the allowed interest rate as approved by the State of
Oklahoma Statutes. A lien against the person's property will be sought for
unpaid charges, fines, and penalties.
4. A person desiring to dispute such fines must file a written request for the
City Manager to reconsider the fine along with full payment of the fine
amount within ten (10) days of being notified of the fine. Where a request
has merit, the City Manager may convene a hearing on the matter. In
the event the person’s appeal is successful, the payment shall be returned
to the person. The City Manager may add the costs of preparing
administrative enforcement actions, such as notices and orders, to the
fine.
5. Issuance of an administrative fine shall not be a bar against, or a
prerequisite for, taking any other action against the person.
L. RECOVERY OF COSTS INCURRED - Any permittee violating any of the provisions of an
issued permit or this ordinance or causing damage to or otherwise inhibiting the
public sanitary sewer system shall be liable to the City of Owasso for any expense, loss
or damage caused by such violation or discharge. The cost incurred by the City of
Owasso for any cleaning, repair or replacement work caused by the violation will be
added to the permittee’s monthly utility bill for payment.
Page 17-48
M. PROCESS OF APPEAL -
1. Any person affected by any notice which has been served upon the
person in connection with the enforcement of any provision of this Section,
or of any rule or regulation adopted pursuant thereto, or who is aggrieved
thereby, and who believes the same to be contrary to the Ordinances or
the regulations of the City, may appeal and shall be granted a hearing on
the matter complained of before the City Manager; provided that such
person shall file in the office of the City Manager a petition containing a
brief statement of the grounds thereof, within ten (10) days after the notice
was served or received by the person. Upon receipt of such petition the
City Manager or designated representative shall set a time and place for
such hearing and shall give the petitioner written notice thereof. At such
hearing, the petitioner shall be afforded an opportunity to be heard and
show cause why such notice should be modified or withdrawn. The
hearing shall be commenced within not more than fifteen (15) days after
the day on which the petition is filed; provided that upon application of
the petitioner, the date of the hearing may be postponed for a reasonable
time beyond such fifteen (15) days period, and in the judgment of the City
Manager or a designated representative the petitioner has submitted a
good and sufficient reason for such postponement.
2. At such hearing, the City Manager or a designated representative may
sustain, modify or withdraw the notice, depending upon their findings as to
whether the provisions of the Ordinance and of the rules and regulations
adopted pursuant thereto have been complied with. If the City Manager
or a designated representative sustains or modifies such notice, it shall be
deemed to be final order; provided that any notice served pursuant to this
Section shall become a final order if written petition for hearing is not filed
in the office of the City Manager within ten (10) days after such notice is
served or received by the person upon which the same is served.
After the hearing in the case of any notices suspending the permit required
by this Ordinance and such notice having been sustained by the City
Manager or a designated representative, the permit shall be deemed to
have been revoked; provided that any such permit which has been
suspended by notice shall be deemed to be revoked if a petition for
hearing is not filed, in the office of the City Manager, within ten (10) days
after such notice is served or received.
N. APPEAL FROM FINAL ORDERS TO THE CITY OF OWASSO CITY COUNCIL, CITY OF
OWASSO, OKLAHOMA - The proceedings of any hearing held pursuant to this Section,
including the findings and decision of the City Manager or a designated
representative, shall be summarized, reduced to writing, and entered as a matter of
public record in the office of the City Manager. Such records shall also include a
copy of every notice or order issued in connection with the matter. Appeals from
any final order of the City Manager or a designated representative may be made to
The City of Owasso City Council, within ten (10) days after a copy of the same has
been served upon or received by the petitioner. All such appeals shall be effective
when a notice thereof specifying the grounds of the appeal shall have been filed in
the office of the City Manager. Hearing an appeal shall be done before said City
Council meetings at their second regular meeting, excluding Council work sessions,
following filing of the notice of appeal.
SECTION 17-335 CITY’S RIGHT OF REVISION
The City reserves the right to establish by ordinance or in individual wastewater discharge
permits more stringent Standards or Requirements on discharges to the POTW consistent with the
purpose of this ordinance.
Page 17-49
CHAPTER 4
MANDATORY UTILITY CONNECTION
Section 17-401 Mandatory Connection Required to City Utilities
SECTION 17-401 MANDATORY CONNECTION REQUIRED TO CITY UTILITIES
A. All developers, except low and moderate income developers, of commercial and
manufacturing properties that are within Two Hundred (200) Feet of infrastructure improvements
financed in whole or in part by the Oklahoma Department of Commerce, State of Oklahoma
pursuant to the Community Development Block Grant - Economic Development financing
program, shall pay for their own utilities, yard lines, hooks-ups and other expenses in connection
to the City’s utility systems in the areas served by said program financed improvement.
B. Should an entity or person (household) that is connecting to the City’s utility system
that has been constructed from funds provided by the Oklahoma Department of Commerce,
State of Oklahoma, pursuant to the Community Development Block Grant - Economic
Development financing program be determined to be an entity or person (household) that is
defined as low income household under the guidelines of the U.S. Department of Housing and
Urban Development L.M.I. income definition, such connection shall be paid for by the City of
Owasso, Oklahoma.
C. Each entity connecting to the City’s utility services that have been constructed in
whole or in part from funds provided by the CDBG Economic Development Financing Program
shall provide employment and beneficiary information as requested by proper governmental
agencies on a quarterly basis for a minimum period of three (3) years after final total close-out to
the applicable project.
(Ord. No. 462, 6/1/93; Ord. No. 513, 9/5/95)
Page 17-50
CHAPTER 5
GRANTING PERMIT TO TULSA CABLE TELEVISION, INC.
Section 17-501 Short Title
Section 17-502 Definitions
Section 17-503 Grant of Permit
Section 17-504 Rules of Grantee
Section 17-505 Service Standards
Section 17-506 Regulation by City
Section 17-507 Use of System by City
Section 17-508 Conditions on Use of Public Ways
Section 17-509 Erection, Removal and Joint Use of Poles
Section 17-510 Permit Fee
Section 17-511 Rates to Subscribers
Section 17-512 Liability of Grantee, Insurance and Indemnification
Section 17-513 System Rebuild
Section 17-514 System Rebuild Schedule and Extension
Section 17-515 Operational Standards
Section 17-516 Services to Subscribers
Section 17-517 Governmental and Educational Uses
Section 17-518 Services to City
Section 17-519 Compliance and Monitoring
Section 17-520 Default of Grantee, Penalties and Revocation
Section 17-521 Assignability
Section 17-522 Right of City to Purchase System
Section 17-523 Non-Discrimination
Section 17-524 Modification
Section 17-525 Miscellaneous Provisions
Section 17-526 Acceptance by Grantee
Section 17-527 Severability
Section 17-5000 Short Title
Section 17-5001 Definitions
Section 17-5002 Initial Review of Basic Cable Service Rates
Section 17-5003 Review of Request for Increase in Basic Cable Service Rates
Section 17-5004 Cable Operator Information
Section 17-5005 Automatic Rate Adjustments
Section 17-5006 Enforcement
SECTION 17-501 SHORT TITLE
This Ordinance shall be known and may be cited as the “Tulsa Cable Television Permit
Ordinance”.
SECTION 17-502 DEFINITIONS
For the purposes of this Permit, the following terms, phrases, words and their derivations shall
have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future tense, words in plural include the singular and words in the
singular include the plural. The word “shall” is always mandatory and not directory.
A. Affiliate. Any person who owns or controls, is owned or controlled by, or is under
common ownership or control with Grantee.
B. Cable Act. The Communications Act of 1934, as amended by the Cable Television
Consumer Protection and Competition Act (Public Law No. 102-385, 1992) and as the same may
hereafter be amended.
Page 17-51
C. Cable Channel or Channel. A portion of the electromagnetic frequency spectrum
which is used in a Cable Television System and which is capable of transmitting a television
channel as defined by the FCC.
D. Cable Service. The one-way transmission to Subscribers of video and audio
programming or other programming services and Subscriber interaction, if any, which is required
for the selection of video and audio programming or other programming services provided
through electric or electronic signals, or which utilizes any facility or equipment of the Cable
System.
E. Cable Television System or Cable System or System. Facilities consisting of antennae,
coaxial cables, fiber optic cables, wave guides, conductors or other closed transmission paths
and associated signal generation, reception and control equipment, and other equipment
designed to provide Cable Service or Other Lawful Service to Subscribers and users.
F. City. The City of Owasso, Oklahoma, a municipal corporation in its present
incorporated form or in any other reorganized or changed form.
G. Completion of System Rebuild. The reconstruction and upgrade of the Cable System
or part thereof as required by Section 13 hereof, including above and underground trunk and
feeder cables, amplifiers, power supplies, connectors, splitters and tap installations, headend
and hub rebuild or upgrade and any and all other construction necessary for the Cable System
or part thereof to be ready to deliver Cable Service to Subscribers.
H. Council. The City Council of the city or any body constituting in the future the
legislative body of the City.
I. FCC. The Federal Communications Commission or its successor.
J. Fiber Truck Cable. Any part of the Cable System which utilizes fiber optic cable for
the purpose of transmitting video, audio or other lawful signals.
K. Grantee. Tulsa Cable Television, Inc. Now doing business as TCI Cablevision of Tulsa
or its lawful successor, transferee or assignee.
L. Gross Operating Revenues. Any and all fees, charges, cash, credits, property of any
kind or nature, consideration, compensation or receipts derived directly or indirectly by Grantee,
its Affiliates, subsidiaries, parents, or arising from or attributable to the operation of the Cable
Television System, except that the term shall not include:
1. The amount of any refunds, corrective billing credits or other repayments made
to Subscribers or users;
2. Any taxes on service furnished by Grantee, imposed directly or indirectly on any
Subscriber or user by any municipal corporation, political subdivision, state or other
governmental unit and collected by Grantee for the governmental unit;
3. Receipts for the sale or transfer of tangible property;
4. Receipts for the sale or transfer of the System;
5. Receipts from the installation or reconnection of Cable Service, the transfer of
an existing connection, the moving of a cable television outlet, or other non-recurring
charges to a Subscriber or user for technical or installation services; and,
Page 17-52
6. Charges, credits, compensation, or payments on a commercially reasonable
basis to an Affiliate, subsidiary or parent for services rendered to Grantee.
M. Other Lawful Service. Any service other than Cable Service provided through
electric or electronic signals or which utilizes any facility or equipment of the Cable System.
N. Person. An individual, corporation, partnership, association, joint stock company,
trust corporation or governmental entity.
O. Permit. The rights and privileges granted by City to Grantee to construct, operate,
maintain and upgrade a Cable Television System utilizing Public Ways within the corporate limits
of the City of Owasso, Oklahoma, for the purpose of offering Cable Service or Other Lawful
Service to Subscribers.
P. Public Way. The surface of and the space above and below and public street,
highway, freeway, bridge, alley, court, boulevard, sidewalk, parkway, way, lane, drive, circle or
other public right-of-way, including but not limited to, public utility and communication
easements, dedicated utility strips or rights-of-way dedicated for compatible public uses, and
any temporary or permanent fixtures or improvements located within or held by City in the
Service Area which entitles City or Grantee to its use for the purpose of installing, operating,
repairing and maintaining the Cable Television System.
Q. Service Area. The present corporate limits of the City and any additions caused by
annexation or other lawful means.
R. State-of-the-art. The most current technology which is economically feasible, has
been performance tested and is commonly accepted by industry standards for cable television
systems of comparable size.
S. Subscriber. Any Person lawfully receiving Cable Service or Other Lawful Service from
the Cable Television System.
T. System Rebuild. The reconstruction and upgrade as required by Section 12 hereof of
the Cable Television System existing in the Service Area utilizing fiber optic cable and technology
which is in the State-of-the-art as of the date of the approval of this Permit.
SECTION 17-503 GRANT OF PERMIT
A. City hereby grants to Grantee a permit to enter upon the Public Ways to install,
construct, operate, maintain, rebuild and upgrade in, upon, along, across, above and under the
Public Ways a Cable Television System for the purposes of providing Cable Service and Other
Lawful Services to Subscribers subject to the terms, conditions and provisions contained in this
Permit, the Charter and applicable laws and regulations of Oklahoma and the United States of
America.
B. This Permit shall be the measure of the rights, privileges and liabilities of City as well as
Grantee. In any court proceeding involving any claim against the City or other governmental
entity, or any official, member, employee, or agent of the city or entity, arising from the
regulation of Cable Service or from a decision of approval or disapproval with respect to a
grant, renewal, transfer, or amendment of this Permit, any relief, to the extent such relief is
required by any provision of federal, state, or local law, shall be limited to injunctive relief and
declaratory relief.
C. This Permit shall not be exclusive and nothing herein shall be construed to divest City
of its control and regulation of the Public Ways.
Page 17-53
SECTION 17-504 RULES OF GRANTEE
The Grantee shall have the authority to promulgate and enforce such reasonable rules,
regulations, terms and conditions governing the conduct of its business as it shall deem
necessary to enable Grantee to exercise its rights and perform its obligations under this Permit
and to assure uninterrupted Cable Service to each and all of its Subscribers. Such rules,
regulations, terms and conditions shall not be in conflict with the provisions of this Permit, the rules
and regulations of the FCC or any other body having lawful jurisdiction. The rules of Grantee
shall become effective only upon or after, if a later effective date is specified therein, the filing
of copies of such rules with the City Clerk.
SECTION 17-505 SERVICE STANDARDS
Grantee shall maintain and operate the Cable System and render efficient Cable Service in
accordance with such rules and regulations as shall be promulgated by the FCC. Wherever it is
necessary to interrupt Cable Service for the purpose of making repairs, adjustments or
installments, Grantee shall do so at such time as will cause the least inconvenience to
Subscribers, and unless such interruption is unforeseen and immediately necessary, Grantee shall
give reasonable notice to Subscribers.
SECTION 17-506 REGULATION BY CITY
A. Grantee in the installation, maintenance and operation of the Cable Television
System shall, at all times, be subject to the terms and provisions of the general ordinances of the
City and to the lawful exercise of the police power of the City.
B. Grantee shall be subject to the lawful exercise by City of all other powers, functions,
rights, privileges and immunities of regulation of the Cable System, Cable Service or Other Lawful
Service granted or delegated to City by the Charter, by the Constitution and laws of Oklahoma
or the laws and regulations of the United States of America.
SECTION 17-507 USE OF SYSTEM BY CITY
A. City shall have the right, at no cost, to locate equipment upon and make
attachments to the Cable Television System owned by Grantee in connection with City systems.
Attachments shall be installed and maintained in accordance with the requirements of the
Electrical Code of City and only after written notice to Grantee. Upon request by City, Grantee
agrees to construct attachments to the System for exclusive use by the City, its departments,
boards, authorities, commissions and agencies for governmental purposes, other than the
operation of a Cable Television System, at the incremental cost of such attachments at the time
of construction. Grantee shall assume no liability or expense in connection with any City
attachment to or use of the Cable Television System. City use shall be in such manner as not to
interfere with the use and maintenance of the Cable Television System by the Grantee.
B. City, in its use and maintenance of such equipment and fixtures, shall at all times
comply with the rules and regulations of Grantee in order that there be a minimum danger of
contact or conflict between the equipment and fixtures of Grantee and the equipment and
fixtures used by City.
C. City shall be solely responsible and save Grantee harmless for all claims and
demands for damages to Persons or property arising out of the use by the City of the Cable
Television System.
SECTION 17-508 CONDITIONS ON USE OF PUBLIC WAYS
A. All transmission and distribution structures, lines and equipment erected by Grantee
within the Service Area shall be located so as not to obstruct or interfere with the proper use of
the Public Ways and other public places, and to cause minimum interference with the rights of
Page 17-54
property owners who abut any of the Public Ways and places, and not to interfere with exiting
public utility installments. In all areas of the Service Area where all cables, wires or other like
facilities of public utilities are placed underground, Grantee shall place its cables, wires, or other
like facilities underground to the maximum extent existing technology reasonably permits and
shall mark such facilities, indicating their location by a method approved by City’s Department
of Public Works. Upon request, Grantee shall furnish to and file with City maps, plats and
permanent records of the location and character of all facilities constructed, including
underground facilities. Such maps, plats, and permanent records shall be updated as required
by City.
B. In case of any disturbance of pavement, sidewalk, driveway or other surfacing,
Grantee shall, at its own expense, replace and restore all paving, sidewalk, driveway or other
surface of any Public Way disturbed in accordance with the standards and specifications of the
City.
C. If at any time during the period of this Permit City shall elect to alter or change the
grade or location of any water line, sewer line, street, alley or other Public Way, Grantee shall,
upon reasonable notice by City, remove and relocate its poles, wires, cables, conduits,
manholes and other fixtures at its own expense, and in each instance comply with the standards
and specifications of the City.
D. Grantee shall not place pole, conduits, or other fixtures above or below ground
where the same will interfere with any gas, electric, telephone fixtures, water hydrant or other
utility, and all such poles, conduits or other fixtures placed in any Public Way shall be so placed
as to comply with all requirements of the City.
E. Grantee shall, on request of any Person holding a house moving permit issued by
City, temporarily move its cables, equipment or fixtures to permit the moving of buildings with the
expense of such temporary removal to be paid by the Person requesting the same. Grantee
shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary
changes.
F. Grantee shall have the authority to trim any trees upon and overhanging the Public
Ways of City so as to prevent the branches of trees from coming in contact with the equipment
and cables of Grantee, except that at the option City such trimming may be done by City, or
under its supervision and direction, to the expense and liability of Grantee and other franchise
and permit grantees.
G. City shall not be liable to Grantee for nay injury to Grantee’s Cable Television System
caused by any City employee while performing emergency repairs within the Public ways. In all
other circumstances when City employees negligently injure Grantee’s Cable System, City shall
only be liable to Grantee for the Grantee’s actual cost of material, equipment and labor
necessary to effect repairs, with no allowance for interruptions to service or loss of revenues,
subject to any applicable limits of liability established by the Oklahoma Governmental Tort
Liability Act. Grantee, no later than January 1 of each year, shall file with the City Clerk a
schedule of the current cost of materials, equipment and labor necessary to make repairs.
SECTION 17-509 ERECTION, REMOVAL AND JOINT USE OF POLES
A. No poles, conduits or other structures shall be erected or installed by Grantee without
prior approval of City with regard to location, height, type and other pertinent aspects. Grantee
shall not have a vested right to retain the location of any pole, conduit or structure installed by
Grantee. Such poles, conduits or structures shall be removed or modified by Grantee at its own
expense when necessary for the convenience of City.
Page 17-55
B. Where poles, conduits or other structures of any public utility company are available
for use by Grantee, City may require Grantee to use such poles, conduits and structures if the
permission and consent of such public utility company may be obtained by Grantee and if the
terms of the use available to Grantee are just and reasonable.
C. Where a public utility serving City desires to make use of the poles, conduits or other
structures of Grantee but an agreement with Grantee cannot be reached, City may require
Grantee to permit such use for such consideration and upon such terms as the Council shall
determine to be just and reasonable if the use would not unduly interfere with use of the Cable
Television System.
D. Where City owned utility poles are available for use by Grantee, Grantee shall pay
City the same pole rental per annum as paid by Grantee for the use of pole owned by public
utilities.
SECTION 17-510 PERMIT FEE
A. Grantee shall pay to City as compensation for the rights and privileges enjoyed under
this Permit an annual fee on a calendar year basis equal to three percent (3%) of the Gross
Operating Revenues from the Cable System in the Service Area. The fee, together with any
accumulated interest, shall be payable monthly on or before the 45th day after the end of each
month on Gross Operating Revenues received for that month. If the payment is not timely
made, interest upon any unpaid portion shall accrue at the rate of one and one-half percent
(1.5%) per month until paid. Grantee shall file a complete and accurate verified statement of all
Gross Operating Revenues within the Service Area during the period for which the monthly
payment is made and an annual statement of such Gross Operating Revenues, verified by the
Grantee’s external certified public accountant, within sixty (60) days after the end of each
calendar year. Grantee’s first annual statement shall include the months of the calendar year
that preceded the first month in which this Permit is effective. If Grantee fails or refuses to pay
such fee, City may maintain an action against Grantee for the amount of such fee and interest
and all expenses of collecting same, including reasonable Attorneys fees.
B. If permitted by federal law, in the event Grantee or an Affiliate accepts a franchise,
permit, license, authorization or other agreement of any kind with any municipal corporation or
other governmental subdivision wholly or partially within Tulsa County, Oklahoma, for the
purpose of constructing or operating a Cable System or providing Cable Services to any part of
a city or other governmental subdivision which provides for the payment as compensation for
the rights and privileges enjoyed thereunder of an annual fee in excess of three percent (3%) of
the Gross Operating Revenues from the Cable System in that municipal corporation or other
governmental subdivision, then this Permit shall be deemed amended as of the effective date
of the other franchise, permit, license, authorization or other agreement and Grantee shall
thereafter pay to the City as compensation for the rights and privileges enjoyed hereunder an
annual fee equal to the same percentage of Gross Operating Revenues in the Service Area as is
paid by Grantee under such other franchise, permit, license, authorization or other agreement.
SECTION 17-511 RATES TO SUBSCRIBERS
Subject to the provisions of the Constitution and laws of the United States of America, the Cable
Act and the Constitution and laws of Oklahoma, the Council may regulate the rates of Grantee
for the Basic Cable Service to be furnished by Grantee under this Permit. No rates shall be
adopted or changed by the Council except after notice to the public and to Grantee and after
a public hearing.
SECTION 17-512 LIABILITY OF GRANTEE, INSURANCE AND INDEMNIFICATION
Grantee shall defend and hold City harmless from all loss sustained by City by reason of any suit,
judgment, execution, claim or demand resulting from the construction, operation or
Page 17-56
maintenance by Grantee of a Cable Television System in the Service Area. Grantee shall
maintain in full force and effect for the term of this Permit, at Grantee’s sole expense, a general
comprehensive liability insurance policy, in protection of City, the City Commission, and City
officer, boards, commissions, agents and employees, issued by a company authorized to do
business in the State of Oklahoma, protecting City and all Persons against liability for loss or
damage for personal injury, death and property damages occasioned by the operations of
Grantee under this Permit in the minimum amount of three million dollars ($3,000,000); provided if
the maximum liability of City under the Oklahoma Governmental Tort Liability Act should be
increased to more than three million dollars ($3,000,000), the amount of liability insurance
required hereunder shall be increased to that amount. Grantee shall file with the City Clerk
certificates of the insurance required hereunder in a form satisfactory to the City Attorney.
SECTION 17-513 SYSTEM REBUILD
The Cable Television System now owned and operated by Grantee within the Service Area
provides a maximum of forty (40) video Channels and consists of coaxial cables, amplifiers,
conductors and other equipment and facilities which represented the State-of-the-art at the
time of construction. Upon acceptance of this Permit, and in reliance thereon, Grantee, in
accordance with Section 14, shall rebuild and upgrade the Cable Television System utilizing fiber
optic cables, coaxial distribution cables and State-of-the-art technology. Upon completion of
the System Rebuild, the System shall have an available Channel capacity of at least seventy-
two (72) video Channels.
Grantee shall not charge a Subscriber any direct fee or assessment for the System Rebuild,
including the upgrade of drops required for service to a Subscriber.
SECTION 17-514 SYSTEM REBUILD SCHEDULE AND EXTENSION
A. Grantee shall review the System Rebuild’s design and schedule with City in order that
City may elect to make attachments to the System during construction. Construction of the
System rebuild shall be completed by February 2, 1999.
B. Construction of the System Rebuild shall provide for upgraded Cable Service to all
residences and properties in developed areas within the corporate limits of the City. Thereafter,
the System shall be extended and Cable Service provided to any area where there are then
existing thirty-five (35) homes within one (1) mile of the existing Cable System or ten (10) homes
within one-quarter (1/4) mile of the existing Cable System. In other areas, Grantee may charge
for extension of the Cable System based upon the cost of labor and materials.
C. The time for Completion of the System Rebuild may be extended or excused by the
City Commission for any period during which Grantee experiences delays or interruptions due to
circumstances reasonably beyond its control including, but not limited to, necessary utility
changes or re-arrangements, governmental or regulatory restrictions or requirements, major
strikes, litigation, lock-outs, war (declared or undeclared), national emergency, economic
conditions, fire, earthquakes and acts of God.
SECTION 17-515 OPERATIONAL STANDARDS
A. Grantee shall maintain and operate the Cable System so as to provide video, audio
another signals to be delivered with signal strength and quality levels which meet the
parameters specified by the FCC and any other normally accepted industry standards.
Grantee shall construct the System Rebuild and operate and maintain the System in a manner
consistent with all ordinary care and all applicable laws, ordinances, construction standards,
and FCC technical standards. Upon request, Grantee shall provide City a report of the results of
any FCC required proof of performance test conducted by Grantee.
Page 17-57
B. Grantee shall maintain equipment capable of providing standby battery power for
trunk amplifiers for a minimum period of four (4) hours.
C. Grantee shall, as a part of the System Rebuild, provide capacity for interactive
services which may be added to the System as such services become technically and
economically feasible.
D. Grantee may interconnect the Cable Television System within the Service Area with
cable television systems owned or operated by Grantee within adjacent cities.
E. Upon request, Grantee shall provide Subscribers with a parental control locking
device or digital code capable of blocking or otherwise preventing a television set from
receiving a Channel or audio signal, for which Grantee imposes a separate charge.
F. Under normal operating conditions, each of the following standards shall be met no
less than ninety-five percent (95%) of the time on an annual basis:
1. Standard installations shall be performed within seven (7) business days after an
order has been placed; and,
2. Except when beyond the control of Grantee, Grantee shall respond to Cable
Service interruptions promptly and in no event later than twenty-four (24) hours.
G. Grantee shall establish procedures for receiving, acting upon and resolving
Subscriber complaints which shall be subject to the approval of the City Manager of the City.
H. City shall notify Grantee in writing of any complaint from Subscribers or of any failure
of Grantee to comply with the terms and conditions of this Permit. Grantee, upon receipt of
such notice, shall promptly investigate the complaint and take such action as is necessary to
provide Cable Service to Subscribers and/or to operate the System as required.
SECTION 17-516 SERVICES TO SUBSCRIBERS
A. Grantee shall provide to Subscribers as a part of its Basic Cable Service local
television broadcast signals as required by the Cable Act and FCC regulations subject to
obtaining the consent of the local broadcast stations as required by law, and educational and
public affairs programming including local educational and governmental programs.
B. Upon completion of the System Rebuild, Grantee shall offer to Subscribers
programming on at least fifty (50) video channels including the video channels offered as a part
of Basic Cable Service.
C. Grantee shall provide audio services.
D. Upon request, and at a reasonable charge, Grantee shall provide to Subscribers an
input selector switch to permit broadcast television reception from an antenna.
SECTION 17-517 GOVERNMENTAL AND EDUCATIONAL USES
A. Until the Completion of the System Rebuild, Grantee shall provide to state accredited
public, private and parochial schools and institutions of higher learning in the Service Area for
educational services at no cost to the school or institution one (1) free service outlet to the
Cable Television System for each public, private and parochial school and institutions of higher
learning, with additional service outlets to be provided at the cost of labor and materials, and
with no monthly service charge for service outlets or for services which are not offered on a
premium or pay-per-view basis.
Page 17-58
Grantee shall provide maintenance, at no cost, of cables, amplifiers and other
distribution equipment owned by Grantee and used for educational programming, and shall
provide, at no cost, technical assistance required for the use of Channels for educational use.
B. Upon Completion of the System Rebuild, Grantee shall provide for governmental and
educational use and for networking among governmental or educational users, at no cost to
such users, the following:
1. One (1) Channel on the System for the exclusive use of Owasso School District;
2. One (1) Channel on the System for the exclusive use of Tulsa Junior College;
3. One (1) Channel on the System for shared use, under the coordination of
Independent School District Number One of Tulsa County, Oklahoma, for the exclusive use
of Independent School District Number One of Tulsa County, Oklahoma, and Tulsa Junior
College, and other state accredited elementary and secondary schools within the Service
Area and service areas of other cable television systems owned by the Grantee and
interconnected with the Cable System which develop, staff and operate facilities and
equipment to provide programming on a continuing basis; and,
4. Three (3) Channels on the System for joint and cooperative use by the City,
other cities which have granted the Grantee a permit or franchise to provide Cable
Service and are interconnected with the Cable Television System, state accredited
elementary and secondary schools and institutions of higher learning within the Service
Area, and service areas of other cable television systems owned by the Grantee and
interconnected with the Cable System, including Independent School District Number One
of Tulsa County, Oklahoma, and Tulsa Junior College.
If potential users are unable to agree on the allocation of Channels provided in this
subsection B.4 and subsection D. Of this Section, the City Council and the governing bodies of
other cities interconnected with the Cable System shall by agreement promulgate rules,
regulations and procedures governing the allocation of governmental and educational use
Channels. The City Council and the governing bodies of other cities interconnected with the
Cable System shall by agreement resolve any disputes between any user of the channels and
shall approve all allocations of educational and governmental channels provided in this
Subsection B.4 and Subsection D of this Section and within the permits granted the governing
bodies of the other cities interconnected with the Cable System.
C. Grantee shall provide one (1) free service outlet to the System with additional service
outlets to be provided at the cost of labor and materials, and with no monthly service charge for
service outlets or for services which are not offered on a premium or pay-per-view basis for each
state accredited school and institution of higher learning. Grantee shall provide, at no cost,
connections for video and audio originations from City Hall and, upon completion of the System
Rebuild, from one point at each institution of higher learning. Upon request from a
governmental or educational user, Grantee shall provide, at the direct cost to the Grantee of
labor and materials, additional connections for video and audio origination from other points.
Grantee shall maintain, at no cost, cable television Channels used for governmental and
educational use and shall provide, at no cost, technical assistance required for the use of
Channels governmental and educational use.
D. Grantee shall have the right to temporarily use any unused portion of a Channel
allocated under subsection B.4 and subsection D. Of this Section for governmental and
educational use which is not being fully utilized, as defined herein, provided such use shall not
interfere with any educational or governmental use. If the Channels provided under this Section
Page 17-59
for governmental and educational use are being fully utilized, Grantee shall provide at no cost
to the user for additional governmental and educational use the Channel added to the Cable
Television system above the seventy-two (72) Channels which shall be available upon
Completion of the System Rebuild. Thereafter, Grantee shall provide at no cost to the user for
governmental and educational use the first Channel added to the Cable Television System
above eighty-four (84) Channels, above ninety-six (96) Channels, above one hundred eight
(108) Channels, and additional Channels in a like progression as Channels are added to the
Cable Television System. Use of such additional Channels shall be allocated as provided in
subsection B.4 of this Section. Generally, a Channel shall be considered as being fully utilized if
more than an average of forty-eight (48) hours per week over a six (6) month period of
programming other than character generated programming is offered. School terms, seasonal
and special concerns shall be considered in determining whether a Channel is fully utilized. If a
Channel allocated for governmental or educational use is being temporarily used by the
Grantee, the governmental or educational institution for which the Channel has been allocated
shall have the right to require the return of the Channel or portion thereof by a written statement
to Grantee that the institution is prepared to fully utilize the Channel or portion thereof in which
event the Channel or portion thereof shall be returned to such institution within three (3) months
after receipt by Grantee of the statement.
E. Grantee shall not make any separate or premium charge to a Subscriber for access
to educational or governmental Channels.
F. All Channels allocated for governmental and educational use shall be of the same
quality as the Channels on the Cable System for Cable Service. All Channels allocated for
educational use shall be available to Subscribers in the Service Area and the service areas of
other cable television systems interconnected with the Cable System.
G. When a Channel allocated for governmental or educational use has been assigned
a Channel number or position by the Grantee, such Channel number or position shall not be
changed until at least six (6) months written notice has been given to the user of such Channel.
SECTION 17-518 SERVICES TO CITY
Grantee shall provide the following services to City:
A. Channel space as provided in Section 17 at no charge for the dissemination of
information to the public;
B. A service outlet, at no cost to City, to each City facility within the Service Area
including, but not limited to, City Hall, the Community Center Building, fire stations, recreation
centers, and maintenance facilities. Additional service outlets shall be provided at the cost of
labor and materials with no monthly service charge for connections, service outlets or non-
premium services; and,
C. A means of simultaneously interrupting all Channels other than local broadcast
Channels on the Cable Television System to present emergency audio and, upon completion of
the System Rebuild, moving character generated video messages by local public safety, civil
defense and other public officials. Grantee shall install City purchased equipment, at no cost to
City, in the City Hall, for the use of the emergency information system.
SECTION 17-519 COMPLIANCE AND MONITORING
A. Grantee will provide written notification to the City prior to offering any Other Lawful
Service and Grantee shall file with the City a copy of its authority to provide such service, if any
has been obtained.
Page 17-60
B. City may perform technical tests of the Cable System during reasonable times and in
a manner which does not unreasonably interfere with the normal business operations of Grantee
or the Cable System in order to determine whether or not Grantee is in compliance with the
terms hereof and applicable state or federal laws. Except in emergency circumstances, such
tests may be undertaken only after giving Grantee reasonable notice thereof and providing a
representative of Grantee an opportunity to be present during such test. In the event that such
testing demonstrates that Grantee has substantially failed to comply with a material requirement
hereof, the reasonable costs of such tests shall be borne by Grantee. In the event that such
testing demonstrates that Grantee has substantially complied with such material provisions
hereof, the costs of such testing shall be borne by City. Except in emergency circumstances,
such testing shall be undertaken no more than two (2) times in a calendar year and the results
thereof be made available to Grantee. Upon request, Grantee shall furnish to and file with City
the results of technical tests that Grantee conducts for itself or others.
C. On or after September 1, 1998, and every five (5) years thereafter, Council may
commence proceedings, which afford public notice, public participation and open meetings,
for the purpose of identifying future Cable System community needs and interests, including
channel capacity and customer service, and reviewing Grantee’s performance during the
preceding five (5) years. Upon request by the Council, to determine community needs, desires
and ratings of Grantee’s performance. The survey shall be made available to the public and
shall specifically address, among other items, the demand for new services in relation to the cost
of providing such services so as to ascertain the overall need for channel expansion.
D. Upon completion of any five (5) year review provided for in this section, Grantee and
City shall meet, confer and, if deemed necessary by either, renegotiate in good faith the terms
and conditions of this Permit relating to community needs, channel capacity and customer
service.
SECTION 17-520 DEFAULT GRANTEE, PENALTIES AND REVOCATION
A. The rights and privileges granted by the City to Grantee under this Permit shall
continue and remain in full force and effect until revoked by the Council. In the event that City
or the City Commission believes that Grantee has not complied with the terms of this Permit, City
or the City Commission shall notify Grantee in writing of the exact nature of the alleged default.
B. Grantee shall have thirty (30) days from receipt of a written notice of default to: (a)
respond contesting the alleged assertion of a default, or (b) cure such default or, in the event
that, by the nature of default, such default cannot be cured within the thirty (30) day period,
initiate reasonable steps to remedy such default and notify City or the Council of the steps being
taken and the projected date that they will be completed.
C. In the event that Grantee contests the assertion of a default or fails to respond to a
notice of default or the alleged default is not remedied within thirty (30) days after Grantee is
notified thereof, the Council shall schedule a hearing to investigate the default. The Council
shall notify Grantee of the time and place of such hearing and provide Grantee with an
opportunity to be heard.
D. In the event the Council, after such hearing, determines that Grantee is in default of
any provision of this Permit, the Council may:
1. Assess liquidated damages to City caused by the default by Grantee as follows:
a. For default in the Completion of the System Rebuild as required by
Sections 13 and 14 hereof, the sum of one thousand dollars ($1,000.00) per day for the first
Page 17-61
thirty (30) days after the expiration of the time for the Completion of the System Rebuild or
part thereof as required by Section 13 and 14 hereof, two thousand, five hundred dollars
($2,500.00) per day for each day more than thirty (30) days past the expiration of the time
for the Completion of the System Rebuild or part thereof as required by Section 13 and 14
hereof and thirty-five hundred dollars ($3,500.00) per day for each day more than sixty (60)
days past the expiration of the time for Completion of the System Rebuild or part thereof as
required by Section 13 and 14 hereof, provided that the total amount of liquidated
damages assessed under this subsection shall not exceed two hundred thousand dollars
($200,000.00);
b. For knowingly failing to provide data, documents or information as
required in this Permit, two hundred fifty dollars ($250.00) per day for each day the failure
occurs or continues; and,
c. For knowingly failing to comply with the service and operational standards
of this Permit, five hundred ($500.00) per day for each day the failure occurs or continues.
Amounts of liquidated damages in this Section are deemed appropriate as of the
effective date of this Permit. Such damages, at the time of any Council assessment, will be
adjusted to equivalent values. Damages identified in this Section shall be adjusted in
accordance with changes in the United States Department of Labor, Bureau of Statistics
Consumer Price Index City Average for Urban Wage Earners and Clerical Works (“C.P.I.”)
measured from the effective date of this Permit to the date of assessment by the Council.
In the event a substantial change is made in the method of establishing the C.P.I., or the
C.P.I. or successor is not available, a reliable governmental or other independently
determined publication, evaluating information used in determining the C.P.I., shall be
used in lieu of the C.P.I.
2. In the case of a default of a provision of this Permit which is not cured by
Grantee or the subject of damages assessed as provided herein, the Council may revoke
this Permit in its entirety; or,
3. Seek specific performance of any provision, which reasonably lends itself to
such remedy, or injunctive relief as an alternative to damages or termination of this permit.
Grantee shall not be relieved of any of its obligations to comply promptly with any
provision of this Permit by reason of any failure of City to enforce prompt compliance.
E. Grantee shall not be held in default with the provisions of this Permit, nor suffer any
enforcement or penalty relating thereto, where such alleged default is caused by labor strikes,
acts of God, per outages or other events reasonably beyond the ability of Grantee to control.
SECTION 17-521 ASSIGNABILITY
If Grantee shall at any time assign, sell, lease or otherwise transfer in any manner whatsoever its
rights and privileges under this permit to any Person, such action shall be in writing and a duly
authenticated copy shall be filed with the City Clerk. Such action shall not become effective
until the transferee shall have agreed in writing with City to become responsible for the full
performance of all the conditions, liabilities, covenants and obligations contained in this Permit
and until such action shall have been approved by the Council, provided such approval shall
not be unreasonably withheld. The Council may require evidence that the transferee possesses
the financial, technical and legal capability to perform all of the conditions, liabilities, covenants
and obligations contained in this Permit. If the Council fails to act upon a proposed transfer
within sixty (60) days after the transferee shall have agreed in writing to become responsible for
the full performance of all of the conditions, liabilities, covenants and obligations of this Permit,
then such action shall be deemed to have been approved.
Page 17-62
No approval of City shall be required for a transfer in trust, by mortgage, by other
hypothecation, or by assignment of any rights, title or interest of Grantee in this Permit or the
Cable television System in order to secure indebtedness of Grantee.
SECTION 17-522 RIGHT OF CITY TO PURCHASE SYSTEM
A. City shall have the right at any time after fifteen (15) years after the effective date of
this permit granted herein to purchase the Cable Television System of Grantee located within
the Service Area and to terminate this Permit, if the purchase is approved by a majority of the
qualified electors of City voting at a special or general election. At any time after the right to
purchase the Cable Television System of Grantee shall have accrued under the terms hereof,
the question of the purchase of the Cable Television System may be submitted by the Council to
the qualified electors of the City for approval. The question of the purchase of the Cable
Television System of Grantee shall be submitted at the next succeeding election of the City upon
petition to the Council of twenty-five percent (25%) of the qualified electors of the City. Grantee
shall be compensated for the fair market value of the Cable Television System located within the
Service Area with such value to be determined by the majority of three (3) appraisers, one to be
appointed by the Mayor of the City, one by Grantee, and the third by the first two appraisers.
The appraisers shall be persons of recognized skill, ability and experience with respect to the
appraisal and valuation of cable television systems. If Grantee shall refuse to select an appraiser
for thirty (30) days after approval by the qualified electors of the City of the purchase, the value
of the Cable Television System located within the Service Area shall be fixed by the vote of a
majority of the Council. If the two (2) appraisers appointed by the Mayor and by Grantee shall
fail to agree upon the third appraiser within thirty (30) days after their appointment, the third
appraiser, upon the application of either City or Grantee, shall be appointed by the Presiding
Judge of the District Court of Tulsa County, Oklahoma.
B. The fair market value of the Cable Television System shall be determined by the
majority of the appraisers within ninety (90) days after the appointment of the third appraiser.
City shall have ninety (90) days from the receipt of written notice of the decision of the
appraisers within which to pay Grantee in cash the appraised value of the Cable Television
System. Until such payment, Grantee shall continue to operate the Cable Television System
pursuant to the terms of this Permit, provided, that if between the date of the appraisal of the
Cable Television System and the date of payment therefore, reasonable and necessary
additions, betterments and replacements shall have been made by Grantee to the Cable
Television System, City shall pay in addition to the value established by the appraisers the
reasonable cost of such additions, betterments and replacements.
SECTION 17-523 NON-DISCRIMINATION
A. Grantee shall not deny any Person or group of potential cable Subscribers access to
Cable Service because of race, color, religion, national origin, age, gender, physical handicap
or the income of residents in the local area in which a Person or group resides.
B. Grantee shall not discriminate in the rates or charges for Cable Service or in making
available Cable Services or facilities of the System. Grantee shall not extend any preference or
advantage to any Subscriber or potential Subscriber to the System or to any user or potential
user of the System. Grantee may conduct promotional campaigns to stimulate subscriptions to
Cable Services or other lawful uses of the System and Grantee may establish bulk billing rates
and rate schedules for different classes of Subscribers and Cable Service which any Subscriber
coming within such bulk billing group, rate or service classification shall be entitled.
C. Grantee shall not discriminate against any employee or applicant for employment
because of race, color, religion, age, gender or national origin. Grantee shall comply with all
applicable laws and regulations of the United States and of Oklahoma with respect to
employment and personnel practices.
Page 17-63
SECTION 17-524 MODIFICATION
The City, after notice and public hearing, may modify this Permit to provide for such standards
and exercise such powers, functions, rights or privileges as may now or hereafter be permitted,
delegated or mandated by federal or state law, rule or regulation regarding the Cable System,
Cable Service or Other Lawful Service.
SECTION 17-525 MISCELLANEOUS PROVISIONS
A. Grantee shall keep books and records for period of time reasonably established by
the City to determine compliance with the terms of this Permit. City, after reasonable notice,
shall have the right to review the books and records, including any complaints, of Grantee
during normal business hours as is reasonably necessary to monitor compliance with the terms
hereof. Such records shall include, but shall not be limited to, any public records required to be
kept by Grantee pursuant to the rules and regulations of the FCC. Grantee shall not be required
to disclose information which it reasonably deems to be proprietary or confidential in nature;
provided this exception shall not be construed to include financial records necessary to enable
the City to determine compliance with Grantee’s fee payment obligations. Subject to open
meeting and record disclosure laws of the State of Oklahoma, City agrees to treat any
information disclosed by Grantee to it on a confidential basis an only to disclose it to employees,
representatives and agents thereof that have a need to know, or in order to enforce the
provisions hereof. The Council may inspect the books and records of Grantee as necessary to
determine compliance with the terms of this Permit, compel attendance of witnesses and may
be ordinance revoke this permit as provided in Section 20 hereof for failure or refusal of Grantee
or any officer, employee or agent thereof to testify or to produce such books or records.
B. Copies of all Petitions, applications and communications submitted by Grantee to
the FCC, or any other federal or state regulatory commission or agency having jurisdiction in
respect to any matters affecting cable television operations authorized pursuant to this Permit,
shall be submitted to the City Clerk upon request.
C. Grantee shall pay the cost of publication of this Ordinance.
D. In the event City enters into a franchise, permit, license, authorization or other
agreement of any kind with any Person other than Grantee or City for the purpose of
constructing or operating a Cable Television System or providing Cable Service or Other Lawful
Service within the same Service Area, which contains terms more commercially or economically
favorable with regard to government and educational Channels and service, System
operational service standards, fees to the City or rates to Subscribers and users, or in the event
City enters into a franchise, permit, license, authorization or other agreement of any kind with
any Person other than Grantee for the purpose of constructing or operating a Cable Television
System or providing Cable Service or Other Lawful Service within the same Service Area, which
contains terms more favorable to City with regard to government and educational Channels
and service, System operational service standards, fees to the City or rates to Subscribers and
users, then Grantee and City shall meet, confer and, if deemed necessary by either, renegotiate
in good faith the terms and conditions of this Permit relating to government and educational
Channels and service, System operational service standards, fees to the City or rate to
Subscribers and users.
E. Notices or responses serviced upon City or Grantee shall be in writing, and shall be
deemed to have been duly given to the required party three (3) business days after having
been posted in a properly sealed and correctly addressed envelope by certified or registered
mail, postage prepaid, at the Post Office or branch thereof regularly maintained by the U.S.
Postal Service.
Page 17-64
All notice or responses between the City and Grantee shall be addressed and delivered by
certified or registered mail as follows: if to the City, City Clerk, City of Owasso, Owasso City Hall,
P.O. Box 180, Owasso, Oklahoma 74055, with copies to the Mayor and the City Attorney at the
same address; if to Grantee, Tulsa Cable Television, Inc., d/b/a TCI Cablevision of Tulsa, 8421 East
61st Street, Suite U, Tulsa, Oklahoma 74133. Any notice given by Grantee to the City Clerk shall
be accompanied by instructions to the Clerk referencing this section and directing the Clerk to
file and maintain such notice with the original of this Ordinance. City and Grantee may
designate other addresses or addresses from time to time by giving notice to the other.
SECTION 17-526 ACCEPTANCE BY GRANTEE
A. Grantee shall file with the City Clerk of the City within twenty (20) days after passage
and approval and prior to publication of this Ordinance a written acceptance of this Permit and
the terms and conditions thereof as set out herein.
B. Grantee by the acceptance of this Permit shall be deemed to have waived and
released any claim the Grantee might have against the City by reason of a declaration, ruling or
judgment by a court as to the invalidity of this Permit or any part thereof.
SECTION 17-527 SEVERABILITY
If any section, sentence, clause or phrase of this Ordinance or any part thereof is for any reason
found to be invalid by a court of competent jurisdiction, such decision shall not affect the
validity of the remainder of this Ordinance of any part thereof.
SECTION 17-528 CODIFICATION
This act shall be codified as Section 17-501 et seq. Of the Owasso Municipal Ordinances.
SECTION 17-529 EMERGENCY DECLARED
By reason of the fact that the proposed Permit Ordinance would promote the health, safety,
morals and general welfare of the inhabitants of the City of Owasso, Oklahoma, an emergency
is declared to exist whereby the provisions of this ordinance shall take effect immediately upon
passage and first publication, as provided by law.
(Ord. No. 493 includes 17-501 thru 17-529)
SECTION 17-5000 SHORT TITLE
This Chapter shall be known and may be cited as the “Owasso” Basic Cable Television Service
Rate Regulation Ordinance.”
SECTION 17-5001 DEFINITIONS
For the purposes of this Chapter, the following terms, phrases, words and their derivations shall
have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future tense, words in plural include the singular and words in the
singular include the plural. The word “shall” is always mandatory and not directory.
A. Basic Cable Service Rates. Monthly charges for a subscription to the Basic Cable
Service Tier, including charges for associated equipment.
B. Basic Cable Service Tier. Any category of separately available cable service
provided by a Cable Operator to which subscription is required for access to any other tier of
service and which includes the retransmission of local television broadcast signals, any public,
educational and governmental programming and any additional video programming signals
added by a Cable Operator.
C. Benchmark. The per Channel rate of charge for cable television service and
associated equipment which the FCC has determined to be reasonable.
Page 17-65
D. Cable Act. The Communications Act of 1934, as amended by the Cable Television
Consumer Protection and Competition Act (Public Law No. 102-385, 1992) and as the same may
hereafter be amended.
E. Cable Operator. Any person or group of persons:
1. Who provides cable television service over a cable system and directly, or
through one or more affiliates, owns a significant interest in such a cable system; or,
2. Who otherwise controls or is responsible for, through any arrangement, the
management and operation of such a cable television system.
F. Channel. A portion of the electromagnetic frequency spectrum which is used as a
unit of cable television service identified and selected by a number or similar designation.
G. City. The City of Owasso, Oklahoma, a municipal corporation in its present
incorporated form or in any other reorganized or changed form.
H. Cost-of-Service Showing. A filing in which a Cable Operator attempts to show that
the Benchmark rate or the Price Cap is not sufficient to allow the Cable Operator to fully recover
the costs of providing the Basic Cable Service Tier and to continue to attract capital.
I. Council. The City Council of the City or any body constituting in the future the
legislative body of the City.
J. FCC. The Federal Communications Commission or its successor.
K. Initial Basic Cable Service Rates. The rates that a Cable Operator is charging for the
Basic Cable Service Tier, including charges for associated equipment, at the time the City
notifies the Cable Operator of the City’s qualification and intent to regulate Basic Cable Service
Rates.
L. Person. An individual, corporation, partnership, association, joint stock company,
trust corporation or governmental entity.
M. Price Cap. The ceiling set by the FCC on future increases in Basic Cable Service Rates
regulated by the City, based on a formula using the Gross National Produce fixed weight price
index, reflecting general increases in the cost of doing business and changes in overall inflation.
N. Reasonable Rate Standard. Any per Channel rate that is at, or below, the
Benchmark or Price Cap level.
SECTION 17-5002 INITIAL REVIEW OF BASIC CABLE SERVICE RATES
A. Notice. Upon the effective date of the Ordinance adopting this Chapter and
certification of the City by the FCC to regulate Basic Cable Service Rates, the City shall
immediately notify any Cable Operator in the City, by certified mail, return receipt requested,
that the City intends to regulate Basic Cable Service Rates as authorized by the Cable Act.
B. Cable Operator response. Within thirty (30) days of receiving notice from the City a
Cable Operator shall file with the City its current Basic Cable Service Rates and any supporting
material concerning the reasonableness of those rates.
C. Expedited determination and public hearing.
Page 17-66
1. If the City Council is able to expeditiously determine that the Cable Operator’s
Basic Cable Service Rates are within the FCC’s Reasonable Rate Standard, as determined by
the applicable Benchmark, the City Council shall:
a. Hold a public hearing at which interested persons may express their views;
and,
b. Act to approve the Basic Cable Service Rates within thirty (30) days from
the date the Cable Operator filed its Basic Cable Service Rates with the City.
2. If the City Council takes no action within thirty (30) days from the date the
Cable Operator filed its Basic Cable Service Rates with the City, the proposed rates shall
continue in effect.
D. Extended review period.
1. If the City Council is unable to determine whether the Cable Operator’s Basic
Cable Service Rates are within the FCC’s Reasonable Rate Standard based on the material
before it, or if the Cable Operator submits a Cost-of-Service Showing, the City Council shall,
within thirty (30) days from the date the Cable Operator filed its Basic Cable Service Rates with
the City and by adoption of a formal resolution, invoke the following additional periods of time,
as applicable, to make a final determination:
a. Ninety (90) days, if the City Council needs more time to ensure that a rate
is within the FCC’s Reasonable Rate Standard; or
b. One hundred fifty (150) days, if the Cable Operator has submitted a Cost-
of-Service Showing seeking to justify a rate above the applicable Benchmark
2. If the City Council has not made a decision within the ninety (90) or one
hundred fifty (150) day period, the City Council shall issue a brief written order at the end of the
period requesting the Cable Operator to keep accurate account of all amounts received by
reason of the proposed rate and on whose behalf the amounts are paid.
E. Public hearing. During the extended review period and before taking action on the
proposed rate, the City Council shall hold at least one public hearing at which interested
persons may express their views and record objections.
F. Objections. An interested person who wishes to make an objection to the proposed
Initial Basic Cable Service Rate may request the Council Secretary record the objection during
the public hearing or may submit the objection in writing anytime before the decision resolution
is adopted. In order for an objection to be made part of the record, the objector shall provide
the Council Secretary with the objector’s name and address.
G. Benchmark analysis. If a Cable Operator submits its current Basic Cable Service Rate
schedule as being in compliance with the FCC’s Reasonable Rate Standard, the City Council
shall review the rates using the Benchmark analysis, in accordance with the standard form
authorized by the FCC. Based on the City Council’s findings, the Initial Basic Cable Service Rates
shall be established as follows:
1. If the current Basic Cable Service Rates are equal to or below the Benchmark,
those rates shall become the Initial Basic Cable Service Rates and the Cable Operator’s rates
shall be capped at that level.
2. If the current Basic Cable Service Rates exceed the Benchmark, the rates shall
be the greater of the Cable Operator’s per Channel rate on September 30, 1992, reduced by
Page 17-67
ten percent (10%), or the applicable Benchmark, adjusted for inflation and any change in the
number of Channels occurring between September 30, 1992, and the initial date of regulation.
3. If the current Basic Cable Service Rates exceed the Benchmark, but the Cable
Operator’s per Channel rate was below the Benchmark on September 30, 1992, the Initial Basic
Cable Service Rate shall be the Benchmark, adjusted for inflation.
H. Cost-of-Service Showings. If a Cable Operator does not wish to reduce the rates to
the permitted level, the Cable Operator shall have the opportunity to submit a Cost-of-Service
Showing in an attempt to justify an Initial Basic Cable Service Rates above the FCC’s
Reasonable Rate Standard. The City Council shall review a Cost-of-Service submission pursuant
to FCC standards for review. The City Council may approve Initial Basic Cable Service Rates
above the Benchmark if the Cable Operator makes the necessary showing; however, a Cost-of-
Service determination resulting in rates below the Benchmark or below the Cable Operator’s
September 30, 1992, rates minus ten (10%) percent, shall prescribe the Cable Operator’s new
rates.
I. Decision.
1. By formal resolution. After completion of its review of the Cable Operator’s
proposed rates, the City Council shall adopt its decision by formal resolution. The decision shall
include one of the following:
a. If the proposal is within the FCC’s Reasonable Rate Standard or is justified
by a Cost-of-Service analysis, the City Council shall approve the Initial Basic Cable Service
Rates proposed by the Cable Operator; or,
b. If the proposal is not within the FCC’s Reasonable Rate Standard and the
Cost-of-Service analysis, if any, does not justify the proposed rates, the City Council shall
establish Initial Basic Cable Service Rates that are within the FCC’s Reasonable Rate
Standard or that are justified by a Cost-of-Service analysis.
2. Rollbacks and refunds. If the City Council determines that the Initial Basic Cable
Service Rates, as submitted, exceed the Reasonable Rate Standard or that the Cable
Operator’s Cost-of-Service Showing justifies lower rates, the City Council may order the rates
reduced in accordance with subsection G. Or H. Above, as applicable. In addition, the City
Council may order the Cable Operator to pay to subscribers refunds of the excessive portion of
the rates, with interest (computed at applicable rates published by the
Internal Revenue Service for tax refunds and additional tax payments), retroactive to
September 1, 1993. The method for paying any refund and the interest rate shall be in
accordance with FCC regulations as directed in the City Council’s decision resolution.
3. Statement of reasons for decision and public notice. If rates proposed by a
Cable Operator are disapproved in whole or in part, or if there were objections made by other
parties to the proposed rates, the resolution shall state the reasons for the decision and the City
Council shall give public notice of its decision by publication of the Council’s resolution, once, in
a newspaper of general circulation within the corporate limits of the City.
J. Appeal. The City Council’s decision concerning rates for the Basic Cable Service Tier
or associated equipment may be appealed to the FCC in accordance with applicable federal
regulations.
Page 17-68
SECTION 17-5003 REVIEW OF REQUEST FOR INCREASE IN BASIC CABLE SERVICE RATES
A. Notice. A Cable Operator in the City who wishes to increase the rates for the Basic
Cable Service Tier or associated equipment shall file a request with the City and notify all
subscribers at least thirty (30) days before the Cable Operator desires the increase to take
effect. This notice may not be given more often than annually and not until at least one year
after the determination of the Initial Basic Cable Service Rates.
B. Expedited determination and public hearing.
1. If the City Council is able to expeditiously determine that the Cable Operator’s
rate increase request for basic cable service is within the FCC’s Reasonable Rate Standard, as
determined by the applicable Price Cap, the City Council shall:
a. Hold a public hearing at which interested persons may express their views;
and
b. Act to approve the rate increase within thirty (30) days from the date the
Cable Operator filed its request with the City.
2. If the City Council takes no action within thirty (30) days from the date the
Cable Operator filed its request with the City, the proposed rates shall go into effect.
C. Extended review period.
1. If the City Council is unable to determine whether the rate increase is within the
FCC’s Reasonable Rate Standard based on the material before it, or if the Cable Operator
submits a Cost-of-Service Showing, the City Council shall, by adoption of a formal resolution,
invoke the following additional periods of time, as applicable, to make a final determination:
a. Ninety (90) days, if the City Council needs more time to ensure that the
requested increase is within the FCC’s Reasonable Rate Standard as determined by the
applicable Price Cap; and,
b. One hundred fifty (150) days, if the Cable Operator has submitted a Cost-
of-Service Showing seeking to justify a rate increase above the applicable Price Cap.
2. A proposed rate increase shall be tolled during any extended review period.
3. If the City Council has not made a decision within the ninety (90) or one
hundred fifty (150) day period, the City Council shall issue a brief written order at the end of the
period requesting the Cable Operator to keep accurate account of all amounts received by
reason of the proposed rate increase and on whose behalf the amounts are paid.
D. Public hearing. During an extended review period and before taking action on the
requested rate increase, the City Council shall hold at least one public hearing at which
interested persons may express their views and record objections.
E. Objections. An interested person who wishes to make an objection to the proposed
rate increase may request the Council Secretary to record the objection during the public
hearing or may submit the objection in writing anytime before the decision resolution is adopted.
In order for an objection to be made part of the record, the objector shall provide the Council
Secretary with the objector’s name and address.
F. Delayed determination. If the City Council is unable to make a final determination
concerning a requested rate increase within the extended time period, the Cable Operator
Page 17-69
may put the increase into effect, subject to subsequent refund if the City Council later issues a
decision disapproving any portion of the increase.
G. Price Cap analysis. If a Cable Operator presents its request for a rate increase as
being in compliance with the FCC’s Price Cap, the City Council shall review the rate using the
Price Cap analysis in accordance with the standard form authorized by the FCC. Based on the
City Council’s findings, Basic Cable Service Rates shall be established as follows:
1. If the proposed Basic Cable Service Rate increase is within the Price Cap
established by the FCC, the City Council shall disapprove the proposed rate increase and order
a Basic Cable Service Rate that is in compliance with the Price Cap.
H. Cost-of-Service Showings. If a Cable Operator submits a Cost-of-Service Showing in
an attempt to justify a rate increase above the Price Cap, the City Council shall review the
submission pursuant the FCC standards for Cost-of-Service review. The City Council may
approve a rate increase above the Price Cap if the Cable Operator makes the necessary
showing; however, a Cost-of-Service determination resulting in a rate below the Price Cap or
below the Cable Operator’s then current Basic Cable Service Rate shall prescribe the Cable
Operator’s new rate.
I. Decision. The City Council’s decision concerning the requested rate increase shall
be adopted by formal resolution. If a rate increase proposed by a Cable Operator is
disapproved in whole or in part, or if objections where made by other parties to the proposed
rate increase, the resolution shall state the reasons for the decision. Objections may be made at
the public hearing by a person requesting the Council Secretary record the objection or may be
submitted in writing at anytime before the decision resolution is adopted.
J. Refunds.
1. The City Council may order refunds of subscribers’ Basic Cable Service Rate
payments, with interest, if:
a. The City Council was unable to make a decision within the extended time
period as described in subsection C. above; and ,
b. The Cable Operator implemented the rate increase at the end of the
extended review period; and,
c. The City Council determines that the rate increase as submitted exceeds
the applicable Price Cap or that the Cable Operator failed to justify the rate increase by a
Cost-of-Service Showing, and the City Council disapproves any portion of the rate
increase.
2. The method for paying any refund and the interest rate shall be in accordance
with FCC regulations as directed in the City Council’s decision resolution.
K. Appeal. The City Council’s decision concerning Basic Cable Service Rates may be
appealed to the FCC in accordance with applicable federal regulations.
SECTION 17-5004 CABLE OPERATOR INFORMATION
A. City may require.
1. In those cases when a Cable Operator has submitted initial rates or proposed
an increase that exceeds the Reasonable Rate Standard, the City Council may require the
Cable Operator to produce information, in addition to that submitted, including proprietary
Page 17-70
information, if needed to make a rate determination. In these cases, a Cable Operator may
request the information be kept confidential in accordance with this Section.
2. In cases where initial or proposed rates comply with the Reasonable Rate
Standard, the City Council may request additional information only in order to document that
the Cable Operator’s rates are in accord with the Reasonable Rate Standard.
B. Request for Confidentiality.
1. A Cable Operator submitting information to the City Council may request in
writing that the information not be made routinely available for public inspection. A copy of the
request shall be attached to and cover all of the information and all copies of the information to
which it applies.
2. If feasible, the information to which the request applies shall be physically
separated from any information to which the request does not apply. If this is not feasible, the
portion of the information to which the request applies shall be identified.
3. Each request shall contain a statement of the reasons for withholding inspection
and a statement of the facts upon which those reasons are based.
4. Informal requests which do not comply with the requirements of this subsection,
shall not be considered.
C. City Council action. Requests which comply with the requirements of subsection B.
shall be acted upon by the City Council. The City Council shall grant the request if the Cable
Operator presents, by a preponderance of the evidence, a case for nondisclosure consistent
with applicable federal regulations. If the request is granted, the ruling shall be placed in a
public file in lieu of the information withheld from public inspection. If the Cable Operator does
not establish a case for nondisclosure and the City Council denies the request, the City Council
shall take one of the following actions:
1. If the information has been submitted voluntarily without any direction from the
City, the Cable Operator may request that the City return the information without considering it.
Ordinarily, the City will comply with such a request; however, when the public interest so
requires, the information shall be made available for public inspection.
2. If the information was required to be submitted by the City Council, the
information shall be made available for public inspection.
D. Appeal. If the City Council denies the request for confidentiality, the Cable Operator
may seek review of that decision from the FCC within five working days of the City Council’s
decision, and the release of the information shall be stayed pending review.
SECTION 17-5005 AUTOMATIC RATE ADJUSTMENTS
A. Annual inflation adjustment. In accordance with FCC regulations, the Cable
Operator may adjust its capped base per channel rate for the Basic Cable Service Tier annually
by the final Gross National Produce Price Index.
B. Other external costs.
1. FCC regulations allow the Cable Operator to increase its Basic Cable Service
Rates automatically to reflect certain external cost factors to the extent that the increase in cost
of those factors exceeds the Gross National Produce Price Index. These factors include
retransmission consent fees, programming costs, state and local taxes applicable to the
Page 17-71
provision of cable television service, and costs of permit or franchise requirements. The total cost
of an increase in a permit or franchise fee may be automatically added to the base per
Channel rate, without regard to its relation to the Gross National Product Price Index.
2. For all categories of external costs other than retransmission consent and
franchise fees, the starting date for measuring changes in external costs for which the basic
service per Channel rate may be adjusted shall be the date on which the Basic Cable Service
Tier becomes subject to regulation or February 28, 1994, whichever occurs first. The permitted
per channel charge may not be adjusted for costs of retransmission consent fees or changes in
those fees incurred before October 6, 1994.
B. Notification and review. The Cable Operator shall notify the City at least thirty (30)
days in advance of a rate increase based on automatic adjustment items. The City shall review
the increase to determine whether the item or items qualify as automatic adjustments. If the
City makes no objection within thirty (30) days of receiving notice of the increase, the increase
may go into effect.
SECTION 17-5006 ENFORCEMENT
A. Refunds. The City may order the Cable Operator to refund to subscribers a portion of
previously paid rates under the following circumstances:
1. A portion of the previously paid rates have been determined to be in excess of
the permitted tier charge or above the actual cost of equipment; or
2. The Cable Operator has failed to comply with a valid rate order issued by the
City.
B. Fines. If the Cable Operator fails to comply with a rate decision or refund order, the
Cable Operator shall be subject to a fine or $200 for each day the Cable Operator fails to
comply.
(Ord. No. 477, 1/18/94; Ord. No. 493, 12/20/94)
Page 17-72
CHAPTER 6
SMALL CELL NETWORK FACILITIES
Section 17-601 Definitions
Section 17-602 Intent and Purpose of Wireless Telecommunication Regulation
Section 17-603 Application Requirements
Section 17-604 Requirements
Section 17-605 Requests for Modification of Existing Facility
Section 17-606 Application Review Periods
Section 17-607 Determination of Application
SECTION 17-601 DEFINITIONS
Collocation - the mounting or installation of transmission equipment on an existing support
structure for the purpose of transmitting and/or receiving radio frequency signals for providing
telecommunication services.
Decorative Pole - an authority pole that is specially designed and placed for aesthetic purposes,
and on which no appurtenances or attachments, other than a small cell facility or specially
designed informational or directional signage or temporary holiday or special event
attachments, have been placed or are permitted to be placed according to nondiscriminatory
municipal rules or code.
Small Cell Facility - a low-powered wireless base station which functions much in the same way
as larger cells in a wide-area, mobile wireless network that are typically installed relatively high
on a telecommunications tower, to provide signal coverage to a large geographic area. Small
cells facilities cover a smaller, targeted, localized area to provide connectivity to wireless
network subscribers in areas that typically present capacity and coverage challenges to
traditional wide-area wireless networks. Small cell facilities are smaller in size and thus are more
conducive to collocation on an existing support structure or installation on a private utility's,
single-use utility pole erected for the sole or primary purpose of supporting a small cell facility.
Utility Pole - a long, slender, generally vertical and usually cylindrical object, other than a
telecommunications tower, that is or may be used in whole or in part by a public or private utility
for wireline, wireless or optical telecommunications, electrical distribution, lighting, traffic control,
signage or similar functions. (Ord. No. 1158, 1/21/20)
SECTION 17-602 INTENT AND PURPOSE OF WIRELESS TELECOMMUNICATION REGULATION
The City declares that by the promulgation of these land use regulations governing wireless
telecommunications facilities, its intent and purpose is to exercise its constitutional authority to
regulate matters of local concern and public right-of-way within its boundaries consistent with
the above-cited federal and state authorities on property owned by the City, without prior City
Council approval and an associated lease agreement or permit; and within any publicly owned
or dedicated right-of-way or easement.
Ordinances within this chapter pertaining to wireless telecommunications facilities, are enacted
pursuant to the following authorities:
(1) Oklahoma Constitution Article 18 , Section 7, which provides that no grant , extension,
or renewal of any franchise or other use of the streets, alleys, or other public grounds
or ways of any municipality, shall divest the State, or any of its subordinate
subdivisions, of their control and regulation of such use and enjoyment.'
(2) The Telecommunications Act of 1996, Pub. LA. No. 104-104, 110 Stat. 56 (1996), as
amended, which, in part, regulates personal wireless telecommunications services
and facilities.
(3) Title 47 United States Code, Section 332(c)(7), which preserves to the City of Owasso
Page 17-73
and its Authorities to regulate the placement, construction, and modification of
personal wireless service facilities, provided that such regulations do not
unreasonably discriminate among providers or prohibit or have the effect of
prohibiting the provision of personal wireless services.
(4) Title 47 United State Code, Section 224, which exempts the City of Owasso from any
obligation to permit pole attachments to any pole, duct, conduit or rights-of-way
controlled by them.
(5) Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (i. e., the
"Spectrum Act”), codified as 47 United States Code, Section 1455, which mandates
that a State or local government approve certain wireless broadband facilities siting
requests for modifications and collocations of wireless transmission equipment on an
existing tower or base station that does not result in a substantial change to the
physical dimensions of such tower or base station.
(6) The Federal Communications Commission's 2009 Declaratory Ruling, 24 FCC Rcd.
13994 (F.C.C.), 24 F.C.C.R. 13994, FCC 09 99, Federal Communications Commission
Report and Order, FCC-14-l 53A1 Rcd, FCC 14-153, adopted October 21, 2014, and
Title 47 Code of Federal Regulations (CFR), Section 1.40001 (c)(2)
(Ord. No. 1158, 1/21/20)
SECTION 17-603 APPLICATION REQUIREMENTS
The special exception process, as set forth in the Owasso Zoning Code, shall be applicable to
new small cell facilities. All new small cell facilities, the collocation of small cell facilities on an
existing supporting structure, and the modification of an existing small cell facility shall include in
their applications the information and documentation required in this section.
An application shall be on a form furnished by the City which shall include, but not be limited to
the following:
(1) A typewritten and electronic/digital copy of the legal description of the subject
property;
(2) A copy of any existing or proposed restrictive covenants on the subject property, if
applicable;
(3) A nonrefundable fee to be set by Resolution of the City Council;
(4) A site plan, drawn to an appropriate scale and containing, at a minimum, the
following: a. The location and distance to the nearest adjacent residential, office, or
commercial structure to the site; b. The location of existing or proposed above and
underground public utilities , including the depth of underground utilities, the height
(accounting for seasonal variances) of overhead utility wires and the closest
distance the proposed small cell facility and its supporting structure and other
telecommunications facilities will be to any existing or proposed above and
underground utility;
(5) The location of the proposed small cell facility and any supporting structure and
other telecommunications facilities by longitude and latitude (degrees, minutes and
seconds) and approximate street address, the distance to the nearest, abutting
road surface, curb and sidewalk, the nearest utility poles the proposed site is
between, and the nearest existing small cell supporting structures located within
1,000 feet;
(6) The height of the small cell facility and its supporting structure above ground level, in
feet and meters, including any top mounted attachments , such as antennae and
lightning rods;
(7) The dimensions of the site, including easements and rights-of-way, and location with
respect to streets and adjacent properties;
(8) The location of the small cell facility, or other telecommunications facilities by
longitude and latitude (degrees, minutes and seconds) and distance to each
property line of the site;
(9) The location and dimensions of any buildings or other structures located on the site;
(10) The use of the subject property;
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(11) The location, and use of abutting or adjoining properties;
(12) The location of existing and proposed public utilities;
(13) The type of supporting structure, self-supporting lattice, monopole, utility pole or
other;
(14) A detailed description of the project, including but not limited to: purpose, technical
and functional use of the facility, how the facility will close a significant gap in
telecommunications coverage, competent evidence that collocation of facilities on
an existing or other supporting structure is not feasible, and how the facility is
designed to blend into the surrounding environment;
(15) Photographs attached to the application including:
a. Photographs taken from the supporting structure site, with views from the
proposed location in all directions. The direction (e.g., north, south, etc.) shall be
indicated on each photograph and, as a group, should present a complete
(360 degree) view of the area around the supporting structure and its
accompanying telecommunications facilities; and
b. Aerial photograph(s) of the site and its abutting or adjoining properties.
(16) If for a collocation or modification, the identification of any previously approved
permit for the supporting structure requested to be used.
(Ord. No. 1158, 1/21/20)
SECTION 17-604 REQUIREMENTS
Small cell facilities, including their collocation, modification and their supporting structures may
be permitted within any public right-of-way or easement regulated by the City of Owasso, only
by the grant of a right-of-way occupancy permit.
No small cell facility shall be collocated on a utility pole owned by a municipal public utility or
other infrastructure owned by a public utility , except as authorized and governed by a lease,
license or permit approved by the public utility. As such, they shall be exempt from the
requirements of this section.
Unless otherwise permitted by special exception any antenna, including exposed elements, shall
not exceed a volume of three (3) cubic feet. Ancillary equipment such as any the supporting
utility pole or structure, electric meters, concealment elements, telecommunications
demarcation box, ground-based enclosures, grounding equipment, power transfer switches, cut-
off switches, and vertical cable runs for the connection of power and other services are not
included in this equipment volume calculation.
Unless otherwise permitted by special exception, the siting of any new small cell facility located
within any public right-of-way or easement regulated by the City of Owasso or a public trust with
the City as its beneficiary, shall be subject to the following regulations:
(1) Small cell supporting structures shall be located a minimum of five-hundred (500) feet
from any other small cell supporting structure located on the same side of the street.
This distance shall be measured in a straight line from the nearest point of each
supporting structure, located at surface grade.
(2) Supporting structures located between any existing utility poles shall be sited
equidistant between them, within ten (10) percent variance of the total distance. This
distance shall be measured in a straight line from the nearest point of each utility
pole, located at surface grade.
(3) Small cell facilities and supporting structures shall be set back from any road surface
or curb no less than three (3) from any road surface or curb.
(4) Small cell facilities and their supporting structures shall be located where there is no
encroachment into any existing or planned corner sight triangles or sight line
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triangles. Supporting structures shall not interfere with any safe sight distances or
otherwise block vehicular, bicycle or pedestrian traffic, or conflict with the installation,
maintenance, or repair of any public utility.
(5) The supporting structures of small cell facilities shall be set back a distance
equal to at least 110% of the height of the facility, including its supporting
structure, from any adjacent residential, office, or commercial structure. Small
cell facilities including their support structures shall not exceed fifty (50) feet in
height measured at grade; provided that in no event shall any small cell
facilities with their support structures exceed 110% of the tallest existing utility
pole located within 500 feet along the same street. This distance shall be
measured in a straight line from a small cell facility's supporting structure the
nearest point of any utility pole, located at surface grade.
Small cells and supporting structures shall be designed to blend into the surrounding
environment through the use of color, camouflaging and architectural treatment, so as to make
the antenna and related equipment as visually unobtrusive as possible.
Small cells and supporting structures shall not be illuminated by artificial means and may not
display strobe lights unless federal or state authorities expressly require such lighting. When
incorporated into the approved design of a supporting structure, light fixtures used to illuminate
ball fields, parking lots or similar areas may be attached to the supporting structure.
The use of any portion of small cells and supporting structures for advertising or signs other than
warning or equipment information signs is prohibited.
Small cells and supporting structures shall be constructed in compliance with all applicable
federal and state statutes and regulations and all applicable ordinances of the City, including
but not limited to all building, electrical and mechanical codes adopted by the city or state.
(Ord. No. 1158, 1/21/20)
SECTION 17-605 REQUESTS FOR MODIFICATION OF EXISTING FACILITY
The City may not deny, and shall approve, any eligible facilities request for a modification of an
existing small cell facility that does not substantially change the physical dimensions of such
facility.
Cumulative modifications substantially change the physical dimensions of a small cell facility, if it
meets any of the following criteria:
(1) Supporting structures outside of public rights-of-way or easements that increases the
height of the structure by more than ten percent (10%), or by the height of one
additional antenna array with separation from the nearest existing antenna not to
exceed twenty (20) feet, whichever is greater
(2) Supporting structures in rights-of-way or easement and for all small cell facilities that
increases the height of the structure or facility by more than ten percent (10%) or ten
(10) feet, whichever is greater;
(3) Supporting structures in the rights-of-way and for all small cell facilities that protrudes
from the edge of the structure more than three (3) feet;
(4) Involves installation of more than the standard number of new equipment cabinets
for the technology involved, but not to exceed four cabinets;
(5) Entails any excavation or deployment outside the current site of the tower, support
structure or small cell facility;
(6) Would defeat the existing concealment elements of the tower, supporting structure
or small cell facility; or
(7) Does not comply with conditions associated with the prior approval for construction
or modification of the small cell facility unless the noncompliance is due to an
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increase in height, increase in width, addition of cabinets, or new excavation that
does not exceed the corresponding “substantial change” thresholds identified
above.
(Ord. No. 1158, 1/21/20)
SECTION 17-606 APPLICATION REVIEW PERIODS
The City shall complete its review and approve or deny a completed application for:
(1) Modification of an existing small cell facility that does not substantially change the
physical dimensions of such tower or facility within sixty (60) days of the date such an
application is received.
(2) Collocation of small cell and other telecommunication facilities on any existing
supporting structure within ninety (90) days of the date such an application is
received; and
(3) Construction or installation of small cell facility, and all other telecommunications
facilities within one hundred fifty (150) days of the date such an application is
received.
The City may toll the running of the sixty (60), ninety (90) or one hundred (150) days if it notifies
the applicant within thirty (30) days of submission that its application is incomplete. The
timeframes begin to run when an application is first submitted, not when it is deemed complete
by the City.
A determination of incompleteness tolls the timeframes only if the City provides notice to the
applicant in writing within thirty (30) days of the application's submission, specifically delineating
all missing information, and specifying the code provision, ordinance, application instruction, or
otherwise publicly stated procedures that require the information to be submitted.
Following an applicant's submission in response to a determination of incompleteness, the City
may reach a subsequent determination of incompleteness based solely on the applicant's
failure to supply the specific information that was requested within the first thirty (30) days. The
timeframes begin to run again when the applicant makes its supplemental submission; provided
that the timeframes may be tolled again if the City notifies the applicant within ten (10) days
that the supplemental submission did not provide the specific information identified in the
original notice delineating missing information.
These timeframes may be extended beyond the sixty (60), ninety (90) or one hundred (150) days
by mutual consent of the applicant and the City.
(Ord. No. 1158, 1/21/20)
SECTION 17-607 DETERMINATION OF APPLICATION
Upon denial or approval of an application for collocation, construction or installation of small
cell facility and all other telecommunications facilities, or modification of an existing facility, the
City shall adopt a written determination which clearly states the basis for the decision to
approve or deny an application. If an application is denied, the written notice must include
substantial evidence in support of the denial. A notice is considered written if it is included in the
minutes of the public meeting in which the application was denied.
If the City fails to approve or deny an application seeking approval of modification of an existing
small cell facility within the timeframe for review, accounting for any tolling, the request shall be
deemed granted; provided that the deemed granted shall not become effective until the
applicant notifies the City in writing after the review period has expired, accounting for any
tolling, that the application has been deemed granted.
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If the City does not act upon any application for collocation, construction or installation of a
small cell facility, within their prescribed timeframes, then the applicant may seek redress in a
court of competent jurisdiction within thirty (30) days. (Ord. No. 1158, 1/21/20)
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