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HomeMy WebLinkAbout596_Establishing Assessments for Elm Creek Interception Sewer Project 9 09:21:51 837-0837 9 71 1 02 6 335683 1 OKLAHOlVIA OWASSO, ORDINANCE NUl\;IBER 596 ORDINANCE APPROVING THE OW ASSO PUBLIC WORKS AUTHORITY RESOLUTION NUMBER 98-07. ESTABLISHING PER ACRE ASSESSMENTS FOR ELM CREEK INTERCEPTOR SEWER PROJECT AND DECLARING AN EFFECTIVE DA COUNCIL OF THE CITY OF OW ASSO, ORDAINED BY Section One: Resolution Number 98-07 Dfthe Trustees of the Owasso Public Works a trust having the of Owasso, Oklahoma, as its beneficiary, establishing per acre assessments recoupment of the costs associated with the Elm Creek Interceptor Sewer same hereby is approved the date of first become eftective thirty days from ordmance CITY OF OWASSO, OKLAHOMA 1999 5th Jay of January By 2780-362.ord ~. MEMORANDUM TO: THE HONORABLE CHAIR & TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: JEFF HANCOCK CITY MANAGER SUBJECT: RESOLUTION NO. 98-07 and CITY ORDINANCE NO. 596 ESTABLISHMENT OF ASSESSMENTS ELM CREEK INTERCEPTOR SEWER PROJECT DATE: December 30, 1998 BACKGROUND: At the last Owasso Trustees and Council Meeting held on December 15, 1998, City Attorney Ron Cates requested that the Trustees table this item to the first Trustees meeting in January. The Trustees and Council agreed to this request and therefore, the item again appears on the Agenda. Attached is Mr. Cates' original December 8, 1998 memo for your review. RECOMMENDATION: 1. Staff recommends that the Trustees establish the proposed Resolution No. 98-07 for recoupment of Elm Creek Sewer Costs defined in Exhibit "A" and acreage as defined on Resolution Exhibit "B" for a rate of $1580 per acre. 2. Staff recommends to the City Council Ordinance No. 596 for approval of the Resolution No. 98-07 rate structure. ATTACHMENTS: 1. December 8, 1998 Memo from Ron Cates, City Attorney 2. Resolution No. 98-07 3. Ordinance NO. 596 MEMORANDUM TO: HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RON CATES CITY ATTORNEY SiJBJECT: RESOLUTION NO.98-07 AND CITY ORDINANCE NO. 596 ESTABLISHMENT OF ASSESSMENTS ELM CREEK INTERCEPTOR SEWER PROJECT DATE: December 8, 1998 BACKGROUND: Development in Owasso's eastern sector between 76th and 96th Streets North is occurring at a record pace. In order to be proactive to the infrastructure needs generated by such development, the City has begun the first work toward improvements recommended in the Wastewater Master Plan. The Elm Creek Interceptor Sewer will provide service for current and future demands and eliminate the need for interim lift stations and associated piping proposed in the master plan short-term analysis. The City has opted through previous Council and OPWA actions to advance the cost for the interceptor line. .Provision must now be made for payback of project costs consisting of loan closing and interest costs, engineering, easement acquisition and construction which will be allocated on a per-acre basis as future development occurs within the Elm Creek Interceptor basin. Project costs include installation of the interceptor line, a contingency amount for possible future contract modifications, the first phase of upgrading the 117th E. Avenue lift station and purchase of The Greens temporary lift station for future City use (see attached Resolution, Exhibit "A"). Trustee action on June 16, 1998 approved award of the Elm Creek Interceptor Sewer project to HMG, Inc., Kansas City, Kansas, in the amount of $1,496,469.20. One Change Order increased the contract amount to $1,586,029.75. The Elm Creek Interceptor drainage basin has been established to define the limits of developable acreage subject to payback of project costs (see attached Resolution, Exhibit "B") Areas identified are differentiated from those already developed with septic systems or served by the City system. Funding via aloes-interest private sector loan and a revenue anticipation note was approved by the OPWA on August 4, 1998. RESOLUTION: Staff will propose a resolution to the OPWA to establish an assessment for recoupment of costs for the Elm Creek Interceptor project (see attached Resolution). The assessment shall be $1,580 per acre and will apply to the area defined on Resolution No. 98-07, Exhibit "B" (Drainage Area map). ORDINANCE: State law requires that any rate structure established by the OPWA be approved by the City Council. An enacting ordinance will fulfill this requirement. RECOMMENDATIONS: 1. Staff recommends that the Trustees establish the proposed Resolution No. 98-07 for recoupment of Elm Creek Interceptor Sewer costs defined in Exhibit "A" and acreage as defined on Resolution Exhibit "B " for a rate of $1,580 per acre. 2. Staff recommends to the City Council Ordinance No. 596 for approval of the Resolution No. 98-07 rate structure. ATTACFIlVIENT5: 1. Resolution No. 98-07 2. Ordinance No. 596 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, January 14,1999. CITY OF OWASSO, OKLAHOMA ORDINANCE NUMBER 596 AN ORDINANCE APPROVING THE OWASSO PUBLIC WORKS AUTHORITY RESOLU- TION NUMBER 98-07, ESTAB- LISHING PER ACRE ASSESS- MENTS FOR ELM CREEK INTERCEPTOR SEWER PRO- JECT AND DECLARING AN EFFECTIVE DATE BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLA- HOMA, THAT: Section One: Resolution Number 99-01 of the Trustees of the Owasso Public Works Authority, a public trust having the City of Owasso, Oklahoma, as its beneficiary, establishing per acre assessments for recoupment of the costs associ- ated with the Elm Creek Inter- ceptor Sewer Project be, and same hereby is approved. Section Two: This ordinance shall become effective thirty days from the date of first publi- cation as provided by state law. DATED this 5th day of Jan- uary, 1999. CITY OF OWASSO, OKLAHOMA By: IslDenise Bode Denise Bode, Mayor ATTEST: IslMarcia Boutwell Marcia Boutwell, City Clerk APPROVED AS TO FORM: IslRonald D. Cates Ronald D. Cates, City Attomey .. OWASSO REPORTER STATE OF TULSA COUNTY, ss: Bill R. R~ of lawful age, being sworn and authorized, says that he is the publisher of the Owasso a weekly newspaper published in the City of Owasso, Tulsa County, Oklahoma, a news- paper to legal notices, advertise- ments and 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 That said a true copy of which is attached hereto, was in the regular edition of said newspaper and time of publication and not in a on the followiJ ltes: 199 9 Subscribed and sworn to before me this Commission expires:_ PUBLISHER'S FEE $ Cy C', OWASSO PUBLIC WORKS AUTHORITY OWASSO, OKLAHOMA RESOLUTION NUMBER 98 -07 A RESOLUTION OF THE TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY RELATING TO THE ELM CREEK INTERCEPTOR SEWER PROJECT, ESTABLISHING PER ACRE ASSESSMENTS FOR RECOUPMENT OF COSTS ASSOCIATED WITH THE ELM CREEK INTERCEPTOR SEWER PROJECT IN THE ELM CREEK DRAINAGE BASIN, CITY OF OWASSO, COUNTY OF TULSA, STATE OF OKLAHOMA RECITALS WHEREAS, the Trustees of the Owasso Public Works Authority have been requested by developers and land owners in the Elm Creek Drainage Basin to construct a sewer trunk line system for the collection of solid waste in such area; WHEREAS, the construction of the Elm Creek Interceptor Sewer to accomplish such request results in expenditures on the part of the Owasso Public Works Authority in those amounts as set forth on Exhibit "A" hereto, same being incorporated herein by reference thereto; WHEREAS, by virtue of representation on the part of developers and owners of the properties lying within the Elm Creek Drainage Basin, the Owasso Public Works Authority, on behalf of it's beneficiary hereof, the City of Owasso, Oklahoma, should provide for a mechanism for recoupment of the costs associated with the Elm Creek Interceptor Sewer Project; and, WHEREAS, the Trustees of the Owasso Public Works Authority by virtue hereof hereby create a mechanism for recoupment of the costs associated with the Elm Creek Interceptor Sewer Project as provided hereinafter. NOW, THEREFORE, BE IT RESOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY, TO -WIT: Section One: The Trustees of the Owasso Public Works Authority hereby establish the Elm Creek Drainage Basin as being that area depicted on the map attached hereto, made a part hereof, and marked as Exhibit `B" hereto. Section Two: That the Trustees of the Owasso Public Works Authority hereby establish as the assessment area lying within the Elm Creek Drainage Basin that area as depicted by the portions illustrated on Exhibit `B" hereto in green. Section Three: That the portions set forth on Exhibit `B" hereto, same being the assessment area shall be and same hereby are assessed costs in the amount of $1,580.00 per acre for recoupment of the costs associated with the Elm Creek Interceptor Sewer Project. Said assessment shall be due and payable only upon the connection of any development properties located within the Elm Creek Interceptor Sewer assessment area to the Elm Creek Interceptor Sewer trunk line heretofore referred to. Section Four: That insofar as any other properties within the Elm Creek Drainage Basin but not within the above defined assessment area, such property, being depicted by the portions illustrated on Exhibit "B" herein in grey, shall be assessed an amount as determined on a case by case basis by the Trustees of the Owasso Public Works Authority. DATED this 15th day of December, 1998. OWASSO PUBLIC WORKS AUTHORITY By: Denise Bode, Chairman ATTEST: Marcia Boutwell, Secretary APPROVED AS TO FORM: D. Cates, Authority Attorney 2780- 362.rpw CITY OF OWASSO, OKLAHOMA ORDINANCE NUMBER 596 AN ORDINANCE APPROVING THE OWASSO PUBLIC WORKS AUTHORITY RESOLUTION NUMBER 98 -07, ESTABLISHING PER ACRE ASSESSMENTS FOR ELM CREEK INTERCEPTOR SEWER PROJECT AND DECLARING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Section One: Resolution Number 98 -07 of the Trustees of the Owasso Public Works Authority, a public trust having the City of Owasso, Oklahoma, as its beneficiary, establishing per acre assessments for recoupment of the costs associated with the Elm Creek Interceptor Sewer Project be, and same hereby is approved. Section Two: This ordinance shall become effective thirty days from the date of first publication as provided by state law. DATED this 5th day of January, 1999 CITY OF OWASSO, OKLAHOMA Denise Bode, Mayor ATTEST: Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney 2780- 362.ord L L EXHIBIT "A" ELM CREEK INTERCEPTOR SEWER COST TABULATION November 1998 1. contract HMG. Inc. $1,496,469.20 2. Ca-nj Order #1 89,560.55 3. Easement Cost 230,214.00 (See Attached) 4. Elm Creek Engineering 90 >000•00 Crafton, Tull & Associates 5. 117th Street Lift Sta. Engdneerint 40,000.00 Crafton, Tull & Associates 6. 117th Street Lift Sta Construction. Phase I 50,000.00 7. Temoora= Lift Station, The Greens 50.000.00 Subtotal, Estimate Direct Cost $2,046,243.75 Contingency, 10% 200.000.00 Total, Direct Cost and Contingency $2,246,243.75 8. Estimated Interest 262.638.25 (Base on an approximate 7 -year payback) TOTAL ESTIMATE, PROJECT COST $2,508,882.00 PAYBACK PER ACRE OF DEVELOPMENT 1. Elm Creek Drainage Basin $2,508,882.00 at 1,587.9 acres = $1,580 per acre ELM CREEK UTMCEPTOR SEWER COST ESTIMATES FOR ACQURUNG EASEMENTS 1. c'gI Payments $135,063 2. eh9MQ i vdates 2,400 3. m ti on for Lnst Trees 92,751 (Maximum exposure) TOTAL $230,214 •,:ri.