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HomeMy WebLinkAbout578_Approve Consolidation of Tulsa Co Sewer Improvement District 6TULSA CLERK - 30AN AS TfJGS RAPT 301612 08111198 10:27:01 L _ F I-7 0 ~ 0 PGA 17 /P 6090/1815-1831 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 578 AN ORDINANCE PROVIDING FOR CONSOLIDATION OF THE TULSA COUNTY SEWER IMPROVEMENT DISTRICT NO. 6 WITH THE CITY OF OWASSO, OKLAHOMA, DELINEATING TERMS AND CONDITIONS OF SUCH CONSOLIDATION, AND DECLARING AN EFFECTIVE DATE. WBEREAS, the City Council of the City of Owasso, Oklahoma has heretofore approved consolidation of Tulsa County Sewer Improvement District No. 6 with the City of Owasso, Oklahoma; and WHEREAS, under the provisions of 19 O.S. Section 898.2, the City Council of the City of Owasso, Oklahoma may, by ordinance, consolidate such adjacent Tulsa County Sewer Improvement District No. 6 upon the terms and conditions so submitted; and, WHEREAS, the City Council of the City of Owasso, Oklahoma, by these presents, seeks consolidation of Tulsa County Sewer Improvement District No. 6 with the City of Owasso, Oklahoma, setting forth the terms and conditions thereof. N THEREFORE, IT ORDAINED Y T CITE' COUNCIL OFT CITY OF O ASSO, OKLAHOMA, THAT: SECTION 1® Tulsa County Sewer Improvement District No. 6 is hereby consolidated with the City of Owasso, Oklahoma, upon such terms and conditions as are contained in that certain Agreement for Consolidation of Sewer Improvement District with City of Owasso and for Connection of Sanitary Sewer Systems to Existing Excess Capacity Sanitary Sewer System, a copy of such agreement attached hereto, made a part hereof and marked as Exhibit "A". SECTION 2a This ordinance shall become effective thirty (30) days from the date of first publication as provided by state law. PASSED, APPROVED A ADOPTS by the City Council of the City of Owasso ou~7PB4 {1 ve 1j 7 Oklah°®~a 21st day of April, 1998. ws ' , as z' y _ (f = Mary Lo >3arnhouse, Mayor Tiq Marc: Eoutwell, City Clerk APPRO eD AS TO FORM: s m w 6nald D Cates, City Attorney ~f1 EXHIBIT "A" AGREEMENT F CONSOLIDATION OF SEWER IMPROVEMENT DISTRICT T CITY OF ASS AND FOR CONNECTION OF SANITARY SEWER SYSTEMS T EXISTING EXCESS CAPACITY SANITARY SEWER SYSTEM T 1S AGREEMENT is made and entered into this day of prd , 1998, Recitals The District is the owner of and has constructed a sanitary sewer system to serve the property of the District and the lands within the boundaries of the District (the "Sewer System"). The capacity of such Sewer System exceeds that which is required to serve the property of the District and the lands within the boundaries of the District, referred to above. NOW, THEREFORE, in consideration of the foregoing and of the covenants and agreements set forth herein, all of which is acknowledged by the parties to be valuable and sufficient for all purposes, the parties agree as follows: AGREEMENT FOR CONSOLIDATION OF SEWER IMPROVEMENT DISTRICT 97TH CITY OF O WASSO AND FOR CONNECTION OF SANITARY SEWER SYSTEMS TO EXISTING EXCESS CAPACITY SANITARY SEWER SYSTEM -continued C. Duties of District Officers Vested in City Council. In accordance with the provisions of §898.3 of the Act, the offices of the District are (upon the execution hereof) vacated, and the duties to be performed by the officers of the District are hereby vested in and assumed by the City Council of the City of Owasso, Oklahoma (the "Council"). 3. City's Covenants and Agreements. The City covenants and agrees as follows: AGREEMENT FOR CONSOLIDATION OF SEWER IMPROVEMENT DISTRICT WITH CITY OF OWASSO AND FOR CONNECTION OF SANITARY SEWF,R SYSTEMS TO EXISTING F.CESS CAPACITY SANITARY SEDER SYSTEM - continued A. Satisfaction of Bonded Indebtedness. (2) Application of Funds Collected by Assessments. All such funds collected or received by the County Treasurer and paid to the City pursuant to the provisions of §890 shall be applied wholly to the amortization and satisfaction of the indebtedness represented by the District Bonds, in accordance with the provisions of the Bond Resolution adopted by the District on April 2, 1996 (a copy of which is appended hereto as "Attachment 4"). Acceptance of Expansion System(s). The City may, pursuant to the terms and conditions hereof, accept the Expansion System(s) as part of the sewer system of the City, permit the connection thereto, and receive and dispose of sewage through such systems, subject to the payment of the City's charges for such services as are imposed by ordinance and by applicable state law. C. Recovery of Costs of Construction of Excess Capacity. AGREFMFNT FOR CONSOLIDATION OF SEWER IMPROVEMENT DISTRICT WITH CITY OF OWASSO AND FOR CONNECTION OF SANITARY SF,WFR SYSTEMS 70 EA7STING EXCESS CAPACITY SANITARY SERER SYSTEM -continued B. Limits of Collection by Expansion System Owner(s). Owner(s) of Expansion Systems within a higher elevation in the Drainage Area shall only be entitled to payment for excess capacity constructed by them, if such payment is in addition to the payments herein provided for, until the indebtedness represented by the District Bonds has been paid in full. C. Additional Connections by City. The City shall have the right to make such connections and cross-connections as it may deem necessary for the proper management and utilization of the Sewer System and any Expansion Systems as integrated parts of the City's sewerage system. No Obligation by City to Provide Service. Nothing herein shall be construed to obligate the City to give or continue to give sewer service to any person or entity, or to any particular tract of land, other than the properties within the District, except in accordance with its ordinances, regulations or sewer service charges as are now in effect or may hereafter be adopted. E. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. AGRIsEMENT FOR CONSOLIDATION OF SEWER IMPROVEMENT DISTRICT WITH CITY OF OWASSO AND FOR CONNECTION OF SANITARY SF, WER SYSTEMS TO EXISTING EXCESS CAPACITY SANITARY SEWER SYSTEM -continued IN WITNESS WHEREOF, the parties have executed this Agreement as of the date hereof, at Owasso, Oklahoma. TULSA COUNTY SEWER IMPROVEMENT DISTRICT NO. 6 CIT'E' OF ASSO, OKLAHOMA Ey: Mayor STATE OF OKLAHOMA ss. Acknowledgment COUNTY OF TULSA ~ q: I A N`F was acknowledged before me this / day of 8 by~,® fi'A.lDix, as Director of the Tulsa County Sewer Improvement District No. 6. SEAL) L Notary Public 1ly'conrraiss~xpires af` i,'v5 AGREEMEN'T' I DID CONSOLIDATION OF SEWER IMPROVEMENT DISTRICT 97TH CITY OF O WAS SO AND FOR CONNECTION OF SANITARY SEWER SYSTEMS TO EXISTING EXCESS CAPACITY SANITARY SEWER SYSTEM - continued STATE OF OKLAHOMA COUNTY OF TULSA ss. Acknowledgment ti T.AV Ele/IEN I was acknowledged before me this , day of J_a~a_i44 , 1,998 b..t;k lmoth, as Clerk and Secretary of the Tulsa County Sewer Improvement Di trio Ngtary Public Y corm fissAn expires. STATE OF OKLAHOMA ss. Acknowledgment COUNTY OF TULSA ~ &A 64;B~MENT was acknowledged before me this _ day of , y~ 1 98 k ar, as Director of the 'T'ulsa County Sewer Improvement District No. 6m E No ary Public LIq C01"t'Rf '~°i~w ~ c z n;r c k 1~ Ifr~3{°a°° ~ ornm~s~i6expires. . e .200 STATE OF OKLAHOMA ) ss. Acknowledgment COUNTY OF TTJL,SA ) n 4,.,3 Nom, AGREEMENT FOR CONSOLIDATION OF SEWER IMPROVEMENT DISTRICT WI71I CITY OF OWASSO AND FOR CONNECTION OF SANITARY SEWER SYSTEMS TO EXISTING EXCESS CAPACITY SANITARY SEWER SYSTEM- continued Schedule of Attachments 1. Description of and reap depicting the "Pleasant View Sanitary Sewer Drainage Area" 2. Ordinance No. enacted by the City of Owasso, _5!7 2 Oklahoma, on ® 1 21 199T 3. Easements and Rights of Way for the Sanitary Sewer System 4. Bond Resolution adopted by the District on April 2, 1996 GmS-I-I\WP\SewerDistrict6. Agreement 7 N 0 V M in cD c N z ! zI 11 11 ii 11 it it 11 fi i <a~~~ w~ 0 F. = J I I < 3i z~ l ~ z aw - Lu cn < Cn z f ~ly-, ~ O u Ll: ~ ~ ~ I C i~ ~ - 9 l C US81 ! fr _ ; ~w ! J w l ! ! M.ln- 2AV .9 a 16F,~ ATTACHMENT 1 (continued) Legal Description of "Pleasant View Sanitary Sewer Drainage Area" Parcel A A parcel of land located in the Northeast Quarter of the Northwest Quarter (NE/4 NW/4) of Section w Twenty-One (21), Township Twenty-One (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the recorded Plat thereof, being more particularly described as follows: Including Dots 1, 2 and 3, Block 1, lots 1, 2, 3, 4, 5 and 6, Block 2, PLEASANT VIEW ESTATES, and lots 5 and 6, Block 1, PLEASANT VIEW ESTATES SECOND, respective Subdivisions of Land in Tulsa County, State of Oklahoma, according to the recorded Plats thereof. B The West Half of the Southeast Quarter of the Southwest Quarter (W/2 SE/4 SW/4) of Section Sixteen (16), Township Twenty-one (21) North, Range Fourteen (14) East, Tulsa County, State of Oklahoma C The West Half of the East Half of the Northeast Quarter of the Southwest Quarter (W/2 E/2 NEA SW/4), and all that part of the West Half of the Northeast Quarter of the Southwest Quarter (W/2 NEA SWA) lying or situated South and East of the U.S. Highway 169 right-of-way, in Section Sixteen (16), Township Twenty-one (21) North, Range Fourteen (14) East, Tulsa County, State of Oklahoma D, E, F All that part of the Northwest Quarter of the Southwest Quarter (NW/4 SW/4) of Section Sixteen (16), Township Twenty-one (21) North, Range Fourteen (14) East, Tulsa County, State of Oklahoma, lying or situated South and East of the U.S. Highway 169 right-of-way C All that part of the Northeast Quarter of the Southwest Quarter of the Southwest Quarter (NE/4 SWA SW/4) of Section Sixteen (16), Township Twenty-one (21) North, Range Fourteen (14) East, Tulsa County, State of Oklahoma, lying or situated South and East of the U.S. Highway 169 right- of-way Attachment 2 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 578 AN ORDINANCE PROVIDING FOR CONSOLIDATION OF THE TULSA COUNTY SEWER IMPROVEMENT DISTRICT NO. 6 WITH THE CITY OF U OWASSO, OKLAHOMA, DELINEATING TERMS AND CONDITIONS OF SUCH CONSOLIDATION, AND DECLARING AN EFFECTIVE DATE. i d WHEREAS, under the provisions of 19 O.S. Section 898.1, a county sewer improvement district lying adjacent to a city may consolidate and become one municipal corporation with such city; and WHEREAS, Tulsa County Sewer Improvement District No. 6 has heretofore by a vote of the members thereof approved consolidation of Tulsa County Sewer Improvement District No. 6 with the City of Owasso, Oklahoma; and WHEREAS, the City Council of the City of Owasso, Oklahoma has heretofore approved consolidation of Tulsa County Sewer Improvement District No. 6 with the City of Owasso, Oklahoma; and WHEREAS, under the provisions of 19 O.S. Section 898.2, the City Council of the City of Owasso, Oklahoma may, by ordinance, consolidate such adjacent Tulsa County Sewer Improvement District No. 6 upon the terms and conditions so submitted; and, WHEREAS, the City Council of the City of Owasso, Oklahoma, by these presents, seeks consolidation of Tulsa County Sewer Improvement District No. 6 with the City of Owasso, Oklahoma, setting forth the terms and conditions thereof. NOWTHEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF OWASSO, OKLAHOMA, THAT: SECTION 1. Tulsa County Sewer Improvement District No. 6 is hereby consolidated with the City of Owasso, Oklahoma, upon such terms and conditions as are contained in that certain Agreement for Consolidation of Sewer Improvement District with City of Owasso and for Connection of Sanitary Suer Systems to Existing Excess Capacity Sanitary Sewer System, a copy of such agreement attached hereto, made a part hereof and marked as Exhibit "A". SECTION 2. This ordinance shall become effective thirty (30) days from the date of first publication as provided by state law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Owasso, Oklahoma * 2, st day of April, 1998. r CF"' ,.5 r 14 :.(SAL):, `w d.. Mary Lo Barnhouse, Mayor fm 'e Marc Eoutyvell, City Clerk AS TO FORM: D Cates, City Attorney Attachment 3 TULSA COUNTY CLLiZK - JOAN IFX-S TPn(S k('d' -'1-' 1)610 1'-'/ 1 d/ l5 16: (1 f DOC # 95111364 FUE- ~ S.00 PGS 1 1' !j76d/1iJ2S SANITARY SEWER EASEMENT GRANT KNOW ALL BY THESE PRESENTS. ` 5TEk)a-N 0'? That the undersigned, 1?DW1N 1$Q 1~SC'11 11 and 1 A[JR1 Sills 1ILES -Ijh an(I 's YYo~ (herein the "Grantor," whether one of more), the owner of the legal and equitable title to the following real estate, for and in consideration of the suns of One 'l housand Dollars (51,000.00) cash in hand paid, and other good and valuable consideration (including the agreements and covenants set forth herein), receipt of which are hereby acknowledged, do I hereby giant and convey unto JOflIN A, 191X (herein the "Grantee," whether one of more), of Owasso ,Oklahoma )CO and to his heirs, successors and assigns, a perpetual easement through, over and across the following described property: ikf7 i The West Fifteen (15) reef of Lot "l'evo (2), Block One (i), PLEASANT VIEW ESTATES SECOND ADDITION, an Addition in 'T'ulsa County, State of Oklahoma, according to the recorded Plat thereol', fo "through, of pennitting the said Grantee and 1815 hens, successors and assigns, to construct a sanitary sewer main through, over, under and across said property, together with all necessary and convenient appurtenances thereof, it and to use and maintain the same, and of affording the said Grantee, and his heirs, successors and assigns, and/or all cs persons under contract with him , the right to enter upon said premises and strip of land for the purposes of s(nveyin ) a ; excavating for, laying, constructing, operating, repairing, relaying and maintaining said sanitary sewer main 9r fa•2E2iRS, 61 for the further' purpose of enabling the said Grantee, and his heirs, successors and assigns, and/or all persons under d "3' contract with 16Bm t0 d0 any and all COliVCIIICIIt t11111gS 111CldCtil t0 SilCll construction, OpCi'aU017, rCpalfllig and V) r- 0 maintaining Of Such sanitary sewer main Hr-§tiEli _ 1A D U) IO I9AVE AND TO HOLD such easement and right-of-way unto the said Grantee and his heirs, successors ) and assigns, forever (except as hereinalter limited). L- c~ AND as a part and parcel of the consideration for this Grant, the said Grantee, for himself and for his heirs, successors and assigns, doe hereby covenant and agree, solely at the said Grantee's expense, to oversee and supervise the completion of the sanitary sewer facilities described above, al Ilia . aid premises and ship of land shall, upon the i completion of construction of such sanitary sewer main i r cd as near as reasonably practicable to the same -8 condition thereof as existed immediately prior to the coniniencerneniol such construction (including sodding of all grass areas and the removal of all excess dirt), whereupon the said Grantor, or heir heirs, successors and assigns, upon i reasonably satisfactory completion of'such restoration of the land (subject to the approval of the said Grantor, or their a heirs, successors and assigns), shall promptly release the said Grantee and his heirs, successors and assigns, and/or all persons under contract with him , from any further liability of obligation for the restoration of'such premises and strip of land. n_ 1 - THIS EASEMENT GRANT SHALL NEVERTHELESS expire and be of no further force or effect if the consuaiction and installation of the sanitary sewer facilities described above, and the restoration of the lard as provided 1 above, are riot completed within one (1) year from the date hereof (whereupon the consideration paid to the said Grantor for this Easement Grant shall be retained by the said Grantor). Dated this day of yl a 1~,e 199-s. even L win Blesch 11 ~ /-9.5- /ale d >(2Dc " A • dJ a X Lauri Sue Blesch STATE OF OKLAHOMA ) ) ss. COUNTY OF I-tl- C1J _ ) '~;jlls instrument was acknowledged before Ine this ,211-->fday of . °1I_ ~i S'ca IBI 13da.sa5q> sl n(l °yiFe and John A. Dix c L I Notary Public t;8 Ano FOR y sTfillil ri J zx res: 4. AIA .Jam, aT TAY Ct3Pdhq~ XpN?}S &GR~t 9.1. 1999 il+ AC KNOW LEDGM ENT 1995 , by Steven l"devin 4,1411111111111+1,1,1/+' 1 l,q.ni1,1P1 TULSA COL1NTy CLERK - JOAN HASTINGS RCPT 267083 02/13/98 16:01:35 DOC # 98014784 FEE S,00 FIGS 1 8/1) 6011/0703-0703 ,s t~ iCD „C a L"i ASSIGNMENT OF SANITARY SEWER EASEMENT GRANT KNOW ALL BY THESE PRESENTS: That JOI IN A. DIX, of Owasso, O$Zlallonia, for value received, does hereby grant, bargain, sell, assign, transfer and set over unto the T11aS[i CC)lJN -IZ 9'Y SI,)NIfI ~MI'1ZONft'~1f;N-I" I)ISI'IZIC'I" NC). 6 that certain Sanitary Sewer Easement Grant dated June 21, 1995, cxecutcd by StcvC'Il Edwin Blescli 11 and Lauri Sue Blesch, husband and wife, as Grantors, in favor of John A. Dix, as Grantee, fora perpetual easement through, over and across the following described property: The West Fifteen (15) feet of Lot Two (2), Block One (1), PLEASANT VIEW ESTATES SECOND ADDITION, an Addition in Tulsa County, State of Oklahoma, according to the recorded Plat thereof, wlliah Sanitary Sewer Easement Grant was filed for record on December 14, 1995 in the Office of the County Clerk of Tulsa County, Oklahoma, recorded in Book 5768 at Page \11111111111117pp,p 1328. Dated this If? d day of February, 1998. STATE OF OKLAHOMA) ) ss. 1NDII71DIJ IL.f1CKNOIVI.El)GAiliNl' COUNTY OF TULSA ;~Ipj~,a;JStrument was ackalowledged before ane this 12. day of February, 1998, by Notary P99Ubhe My C olli31ll5Sioq Ex ~IYPS? Cnc1FF]CrVPV1M -NCS\~, A DiXTCS1llA6N THIS INSTRUN11 NJ' PRh 1131) BY: b I Ll I II;N A. b( I l k 111HR SA.ILt f; i J6 4 Suite 1024 320 S-ah 13-t- A-,..e T.d OlaA., - 74103-3703 t K Attachment 4 BOND RESOLUTION WHEREAS, pursuant to an election duly called and noticed for that purpose, a majority of the owners of the lands lying µKK within the Tulsa County Sewer Improvement District No. 6 voted in favor of the issuance of revenue bonds pursuant to Title 19, Oklahoma Statutes, §884, in an amount not to exceed One Hundred Twenty Thousand and 00/100 Dollars ($120,000.00), being the actual estimated costs of the improvements, and acquisition and construction of a sewer system pursuant to a general plan of proposed operation for the District certified by ® a registered engineer licensed under the laws of the State of Oklahoma, said election duly held on March 22, 19968 and, WHEREAS, the aggregate amount of bonds needed is one Hundred Thousand and 00/100 Dollars ($100,000.00), NOW THEREFORE, be it resolved by the Board of Directors of the Tulsa County Sewer Improvement District No. 6: SECTION I SECTION II Said bonds shall be designated as Sewer Improvement Bonds, and shall. recite that same are issued by authority of Title 19, Oklahoma Statutes, §871 et seq., for the acquisition, construction and cost of the improvements for a sewer system in said District. And in no event shall the bonds become the liability of either said District, Tulsa County, or the State of Oklahoma. The bonds shall be payable from the assessments which will be levied upon the lots, u pieces, tracts and parcels of land benefitted by said improvements " and from the accumulation of interest and penalty from said assessments. The said bonds become due and payable and bear interest from their date until paid as follows: Numbers 01-05 $5,000 maturing on November 1, 1998, @ 6% 06-10 $5,000 maturing on May 1, 1999, @ 6% 11-15 $5,000 maturing on November 1, 2000, @ 6% 16-20 $5,000 maturing on May 1, 2001, @ 6% 21-25 $5,000 maturing on November 1, 2002, @ 6% 26-30 $5,000 maturing on May 1, 2003, @ 6% 31-35 $5,000 maturing on November 1, 2004, @ 6%. 36-40 $5,000 maturing on May 1, 2005, @ 6% 41-45 $5,000 maturing on November 1, 2006, @ 6% 46-50 $5,000 maturing on May 1, 2007, @ 6% 51-55 $5,000 maturing on November 1, 2008, @ 6% 56-60 $5,000 maturing on May 1, 2009, @ 6% 61-65 $5,000 maturing on November 1, 2010, @ 6% 66-70 $5,000 maturing on May 1, 2011, @ 6% 71-75 $5,000 maturing on November 1, 2012, @ 6% 76-80 $5,000 maturing on May 1, 2013, @ 6% 81-85 $5,000 maturing on November 1, 2014, @ 6% 86-90 $5,000 maturing on May 1, 2015, @ 6% 91-95 $5,000 maturing on November 1, 2016, @ 6% 96-100 $5,000 maturing on May 1, 2017, @ 6% SECTION III THE District shall have the right to call in and pay said bonds, or any number thereof, in the following manner: 2 ;sg payment and cancellation of said bond or bonds will cease to bear interest after said May 1 next or November 1 next as the case may be. ZZ-) SECTION IV mw_~ THE Director of the Board of Directors and the Clerk of the District are hereby authorized and directed to prepare and execute said bonds, and, when they have been executed and registered and certified in the amount and form required by law, emu, the bonds in the amount that may be necessary for such purpose be advertised and sold or delivered to the contractor submitting the successful bid for such improvement, as the case may be, all of the proceeds in any event, being used for the payment of the construction costs including the cost of advertising, appraising, engineering, election and such other expenses as are necessary or essential to the completion of the improvements, SECTION V make such transfer after the fifteenth (15th) day preceding any interest payment date until after said latter date. 110 PASSED AND APPROVED this day of 1996, TULSA COUNTY SEWER IMPROVEMENT DISTRICT NO. 6 Bye ATTEST Clerk Director 4 ME,-- v't Of Publication OWASSO REPORTER STATE OF OKLAHOMA, TULSA COUNTY, ss: Bill R. 1$etherford, of lawful age, being duly sworn and authorized, says that he is the publisher of the Owasso Reporter, a weekly newspaper published in the City of Owasso, Tulsa County, Oklahoma, a news- paper qualified to publish legal notices, advertise- ments and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1983 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto, was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, or the following dates: April°._30t 1199 8 Subscribed and sworn to before me this l day of ,199 wa ~ 4 Ply Commission expire. : PUBL1SHER,'S t X C1 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, April 30, 1998. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 578 AN ORDINANCE PROVIDING FOR CONSOLIDATION OF THE TULSA COUNTY SEWER IMPROVEMENT DISTRICT NO. 6 WITH THE CITY OF OWASSO, OKLAHOMA, DELINEATING TERMS AND CONDITIONS OF SUCH CONSOLIDATION, AND DECLARING AN EFFECTIVE DATE. WHEREAS, under the provisions of 19 O.S. Section 898.1, a county sewer improvement district lying adjacent to a city may consolidate and become one municipal corporation with such city; and WHEREAS, Tulsa County Sewer Improvement District No. 6 has hereto- fore by a vote of the members thereof approved consolidation of Tulsa County Sewer Improvement District No.6 with the City of Owasso, Okla- homa; and WHEREAS, the City Council of the City of Owasso, Oklahoma has heretofore approved consolidation of Tulsa County Sewer Improvement District No.6 with the City of Owasso, Oklahoma; and WHEREAS, under the provisions of 19 O.S.Section 898.2, the City Coun- cil of the City of Owasso, Oklahoma may by ordinance, consolidate such adjacent Tulsa County Sewer Improvement District No. 6 upon the terms and conditions so submitted; and, WHEREAS, the City Council of the City of Owasso, Oklahoma, by these presents, seeks consolidation of Tulsa County Sewer Improvement District No. 6 with the City of Owasso, Oklahoma, setting forth the terms and condi- tions thereof. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT SECTION 1 Tulsa County Sewer Improvement District No. 6 is hereby consolidated with the City of Owasso, Oklahoma, upon such terms and con- ditions as are contained in that certain Agreement for Consolidation of Sew- er Improvement District with City of Owasso and for Connection of Sanitary Sewer Systems to Existing Excess Capacity Sanitary Sewer System, a copy of such agreement attatched hereto, made a part hereof and marked as Exhibit °A° SECTION 2, This ordinance shall become effective thirty (30) days from the date of first publication as provided by state law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Owasso, Oklahoma this 21 st day of April, 1998. (SEAL) By: /s/ Mary Lou Barnhouse Mary Lou Barnhouse, Mayor ATTEST: /s/ Marcia Boutwell Marcia Boutwell, City Clerk APPROVED AS TO FORM: /s/ Ronald D. Cates, Ronald D. Cates, City Attorney S28 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: F. ROBERT CARR, JI2., P.E. PUBLIC WORKS DIRECTOR L SUBJECT: AGREEMENT AND ORDINANCE FOR CONSOLIDATION OF TULSA COUNTY SEWER DISTRICT NO. 6 (PLEASANT VIEW) WITH CITY OF OWASSO SYSTEM DATE: April 14, 1998 BACKGROUND: Homeowners in the Pleasant View Addition (east of Windsor Lake and north of Nottingham) approached staff in 1995 concerning the ability to connect to City sewers in order to alleviate septic system problems in their subdivision. The addition is outside the current City limits, but collection lines were designed in conformance with established city criteria. The homeowners elected to form a Sewer Improvement District (Tulsa County Sewer Improvement District No. 6) and issue bonds to finance construction. Council on February 18, 1997 agreed to accept, operate and maintain the system contingent upon a vote of the District. In March 1997, an election of the District was held to consider the transfer and conveyance to the city of the system. The District agreed to the consolidation. An agreement has been prepared for execution entitled "Agreement for Consolidation of Sewer Improvement District with City of Owasso and for Connection of Sanitary Sewer Systems to Existing Excess Capacity Sanitary Sewer System." The following provisions are included that the City agrees to perform: 1- Accept the sewer system and consolidate the District with the City, and 2- Collect a reimbursement from properties subsequently connected to the system that will utilize excess capacity. Reimbursements will be in the amount of $1,338.58 per acre and will be applied solely to amortization and satisfaction of the bonded indebtedness. FADING FOR THE PROJECT CONSTRUCTION• As indicated in the attached December 16, 1996 letter, in order to pay for the construction and installation of the facilities, the District issued bonds in the amount of $103,000.00 payable over 20- Page 2 Agreement and Ordinance for Consolidation years at an interest rate of 6% per annum. These bonds are funded by ad valorem assessments against the properties in Pleasant View Addition. The City of Owasso will be assuming the indebtedness. THIS INDEBTEDNESS DOES NOT REPRESENT A MONETARY OBLIGATION AGAINST THE FULL FAITH AND CREDIT OF THE CITY OF OWASSO, BUT IS PAYABLE SOLELY FROM THE PROPERTY ASSESSMENTS. ACCEPTANCE OF THE SYSTEM: Design for this system was reviewed and construction inspected by Public Works personnel in accordance with City of Owasso standards. Construction was inspected by Engineering Division staff and was completed in June 1996. Public Works Department Engineering Division personnel conducted a final inspection on July 12, 1996 and were accompanied by a representative of the contractor. A punch list was forwarded to the contractor and all deficiencies were corrected by July 25, 1996. Recommendation for accepting the project has been delayed pending consolidation. A one -year maintenance bond has been provided by the contractor (see Attachment 2). The contractor has agreed to extend the original bond to become effective upon Council acceptance of the system. RECOMMENDATIONS: 1. Staff recommends Council acceptance of the sanitary sewer system improvements by the Tulsa County Sewer Improvement District No. 6. 2. Staff recommends Council approval of Ordinance Number 578 providing for Consolidation of the Tulsa County Sewer Improvement District No. 6 with the City of Owasso. 3. Staff recommends Council approval of the Agreement for Consolidation of Tulsa County Sewer Improvement District No. 6 with the City of Owasso system and authorization for the Mayor to execute the Agreement. ATTACHMENTS: 1. Agreement for Consolidation 2. Memorandum dated February 12, 1997 for approval of consolidation by Council 3. Ordinance Number 578 Ap�r�eat b., C;,�� MEMORANDUM TO: RODNEY J. RAY CITY MANAGER FROM: F. ROBERT CARR, JR., P.E. PUBLIC WORKS DIRECTORr SUBJECT: APPROVAL OF CONSOLIDATION OF TULSA COUNTY SEWER DISTRICT NO. 6 (PLEASANT VIEW) WITH CITY OF OWASSO SYSTEM DATE: February 12, 1997 BACKGROUND: Homeowners in the Pleasant View Addition (east of Windsor Lake and north of Nottingham) approached staff in 1995 concerning the ability to connect to City sewers in order to alleviate septic system problems in their subdivision. The addition is outside the current City limits, but collection lines were designed in conformance with established city criteria. The project consisted of installing 1,535 LF of 8 -inch sanitary sewer line. Oklahoma Department of Environmental Quality construction permit No. SL000072950907 was issued on February 16, 1996 (see attached permit). The homeowners elected to form a Sewer Improvement District (Tulsa County Sewer Improvement District No. 6) and issue bonds to finance construction. The District would like the City of Owasso to accept the system for operation and maintenance. A work session was held with some of the Directors of the District on January 14, 1997 to discuss consolidation of the District with the City of Owasso sanitary sewer system. They are already connected to sewer lines in Nottingham and receiving service from the City. �iZig • u • I .. 4 I1I�V . Procedurally, a three -step process is required for consolidation to occur as follows: 1 - The District asks the City to accept, operate and maintain the system contingent upon vote of the District; 2 - The District will then ballot the members, and 3 - Following concurrence with the District members, Council will need to act to formally accept the system for operation and maintenance. Page 2 Pleasant View Sewer District Consolidation Step 1 in the process has occurred. FUNDING FOR THE PROTECT NSTRUCTION: As indicated in the attached December 16, 1996 letter, in order to pay for the construction and installation of the facilities, the District issued bonds in the amount of $103,000.00 payable over 20 -years at an interest rate of 6% per annum. These bonds are funded by ad valorem assessments against the properties in Pleasant View Addition. The City of Owasso will be assuming the indebtedness. THIS INDEBTEDNESS DOES NOT REPRESENT A MONETARY OBLIGATION AGAINST THE FULL FAITH AND CREDIT OF THE CITY OF OWASSO, BUT IS PAYABLE SOLELY FROM THE PROPERTY ASSESSMENTS. ACCEPTANCE OF THE SYSTEM: Design for this system was reviewed and construction inspected by Public Works personnel in accordance with City of Owasso standards. Construction was inspected by Engineering Division staff and was completed in June 1996. Public Works Department Engineering Division personnel conducted a final inspection on July 12, 1996 and were accompanied by a representative of the contractor. A punch list was forwarded to the contractor and all deficiencies were corrected by July 25, 1996. Recommendation for accepting the project has been delayed pending consolidation. One -year maintenance bond has been provided by the contractor (see attached). The contractor has agreed to extend the original bond to become effective upon Council acceptance of the sanitary sewer system. Formal acceptance of the system (Step 3 in the above process) will occur after the District ballots the members for consolidation (Step 2 in the process). RECOMMENDATION: Staff recommends Council approval of consolidation of the Tulsa County Sewer improvement District No. 6 with the City of Owasso system. ATTACHMENTS: 1. Location map 2. ODEQ Permit 3. Letter from Tulsa County Sewer Improvement District No. 6 concerning consolidation dated December 16, 1996 4. Punch List 5. Maintenance Bond dated April 11, 1996 6. Letter from contractor agreeing to start maintenance period at acceptance by City Council dated February 11, 1997 W D W Q Q W CD N W x N 96TH STREET NORTH w r:n�r»r►�f � ::., GM�G]D�OG3 W < VIEW LAKE 94TH STREET 3LkRK S. COLE NL IAN /F,ixecutive Director FRANK KEATING Govemor State of Oklahoma DEPARTMENT OF ENVIRONMENTAL QUALITY February 16, 1996 John T. Vinson, City Engineer City of Owasso P.O. Box 180 ------- _______ 207 S. Cedar Owasso, OK 74055-0180 Re: Permit No. SL000072950907 Pleasant View Estates 3007218 Dear Mr. Vinson: Enclosed is Permit No. SL000072950907 for the construction of 1542 I.f. of eight (8) inch sewer line and appurtenaces to serve the Pleasant View Estates, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this department on February 16, 1995. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Chief Engineer before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, sending one (1) set to your engineer and retaining one (1) set for our files. Very truly yours, Gary KirYder Construction Permit Unit Water Quality Division GK /HJT /GM /vp Enclosure cc: Dan Tanner, P.E., Tanner Consulting Carl Parrott, P.E., WPC Unit Supervisor John Terrell, Tulsa County DEQ office Bill Warden, R.S., Regional Director, DEQ 1W0 Northeast Seneh SVCec, Oklahoma City. Oklahoma 7311: -L-112 0 ,mycled paper SCHULL'ER & 'MILLS RECEIVED DEC 1 7 1996 a RRQf S,Crva: A 60CI.n0, +TE Rn(E ^I H. SCM JLLE4 ATTORNEYS 1heo �"ow.a: e.0 320 >.JUTn Z63rOh AvEh VE ERENT L. Mr44S ::JyOFFORAT.^ --.p SVITE IQL. o.aURCw r..l :_qw TULSA,. OKLAHOXA 74103-3703 n:]O R +CPoA'TSO PACE[" L-- 1718; $83 -13220 December 16, 1996 Ronald D. Cates, Esq. City Attorney of the Citv of Owasso Suite 680 525 South Main Mali Tulsa, OK 74103 -4507 Re: Tulsa County Sewer Improvement District No. 6: Consolidation xvith City of 0 -wasso tlklahoma. Dear Ron: This letter will serve to confirm the meeting or "work session" scheduled for Tuesday evening, January 14, 1997, at 6:10 p.m, in the basement or lower level of the Owasso City Hali: at 207 South Cedar, in Owasso, at which one or more of the Directors of the Tulsa County Sewer Improvement District No. 6 will meet with the members of the City Council, as well as the City Manager and, presumably, the City's Public Works Director, regarding the consolidation of the District with the City of Owasso, pursuant to the provisions of 19 O.S. 1991 § §898.1 et scq. As I mentioned to you in my letter of August 15, 1996, the District was organized by the Board of County Commissioners of Tulsa County on February 26, 1996, in accordance with the provisions of 19 O.S. 1991 § §871 e! seq. The sanitary sewer facilities within the District are in place and completed, and they have been connected to the Citv's sanitary sewer system and are presently in operation. On behalf of the District I have previously made a formal request by the Board of Directors of the District, for the consolidation of the District with the City of Owasso, pursuant to which the sanitary sewer facilities constructed within the District, and any easements and rights of way therefor, and all hereditaments appertaining thereto, would be transferred to and become part of the City of Owasso's sanitary sewer system. Under §898.2, the City would also assume the bonded indebtedness of the District (as described above), and the properties within the District would assume any legal bonded indebtedness of the City of Owasso. In order to pay for the construction and installation of the sewer facilities, the District issued 103 Sewer Improvement Bonds, each in the amount of $1,000.00 (for a total of 5103,000.00), dated May 1, 1996, bearing interest at the statutory rate of 6% per annum, maturing at various dates over the next twenty years, according to the provisions of 19 O.S. 1991 §884. As you know, assessments have been levied through the Office of the Tulsa County Treasurer, under the provisions of 19 0.S.1991 §890, for the 1996 ad valorem tax year. Ronald D. Cates, Esq. December 16, 1996 Page') The Directors of the District and I look forward to our meeting next month. Please feel free to call me if you have any, questions, or if i may matter. be of any further assistance to you in this Very truly yours, Stephen A. Schuller SAS :me Gnu^+.W.11C R" ]'c E -Mail: SchullerOKigaol.com cc: Mr. John Dix, Director Tulsa County Sewer Improvement District No. 6 O- ^TESiUNDERWOOD 9185S29166 p.aq G PLEASANT VIEW SANITARY SEWER FINAL INSPECTION Sanitary Sewer July 12, 1996 8:30 AM m leted 1. Lamphole a - Seal the annular space between the riser July 25, 1996 pipe and rim with mortar. 2. Manhole #4 - Intrusion and infiltration (I &1) in the lower joint. Reseal. " 3. Check the pavement damage immediately NW of MH #2. " The saw cut indicates your intent to replace the damaged section. 4. Manhole #1 - I &I above the outfall line on the west side. " 5. Uncover the gass line stubout (yellow cap) at 13412 E. 94th Street North. *This was at the request of the occupant. The riser could not be located and the occupant dismissed the request. MID- CONTINENT CASUALTY COMPANY MI&CaxnxENT C C KNOW ALL MEN BY THESE PRESENTS: Box 1409 TULSA, OKLAHOMA 74101 BOND NO. 77962 DEFECT BOND THAT WE, MCGUIRE BROTHERS CONSTRUCTION INC. as Principal. and MID- CONTINENT CASUALTY COMPANY, an Oklahoma corporation, having its principal place of business in the City of Tulsa and State of Oklahoma, as Surety, are held and firmly bound unto CITY OF OWASSO as Obligee, SEVENTY —THREE THOUSAND EIGHT HUNDRED SEVENTY —TWO AND 50 /100 - - - -- 73,872.50 in the penal sum of Dollars (S ), lawful money of the United States of America, forthe payment of which, well and trulyto be made, we bind ourselves, ourheirs, executors, administrators. successors and assigns, jointly and severally, firmly by these presents. WHEREAS the said Principal has constructed certain improvements described as follows: SANITARY SEWER EXTENSION TO SERVE PLEASANT VIEW ESTATES OWASSO, OKLAHOMA Which said improvements have been constructed to conform with specifications prepared by NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the said Principal,shall maintain said improvements for a period of ONE (1) year(s) against any failure due to defective workmanship or materials, said ONE (1) year(s) period to begin with the date of completion and acceptance of such completed improvements described above, then this obligation shall be null and void, otherwise to remain in full force and effect, subject however to the following express provision: The Obligee, by and through its proper representative, shall give the Principal and the Surety written notice of all repairs required to fulfill the terms of this maintenance guarantee: and the said Principal and Surety shall, after receipt of any such notice. be allowed a reasonable period of time in which to make any such repairs. SIGNED, sealed and dated this :n./N ICY f' �-O 4" a -1205 Mc le-ael 11TH day of APRIL tg 96 MCGUIRE BROTHERS CONSTRUCTION, IN(TDncipal MID- I —INENT CASUALTY COMPANY By /L--- y1 Attomey -in -fact tG1i�R�. BRi�i1�ER5 C ©NSA. \NC. x415 S. Regency Dr. . Tulsa, Oklahoma 74131 • Phone 224 -2764 - 224 -2769 . ........................... February 11, 1997 City "of Owasso Robert Carr Public Works Department Box 180 Owasso, Oklahoma 74055 Re: Pleasant View Sewer District Dear Mr. Carr: Please accept this letter as an agreement from McGuire Brothers Construction, Inc. to start the maint_ance bond on the above referenced project at the time of acceptance from City Council. Sincerely� .j Tom McGuire President TM /gh