HomeMy WebLinkAbout903_Part 18 Ch 6_N Garnett Rd Detention FacilityTulsa County Clerk- EARLENE WILSON
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Receipt # .102 09/24/07 14:02:29
Fee 15.00 A0009471020-01A
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 903
AN ORDINANCE RELATING TO PART 18, STORMWATER
MANAGEMENT, CHAPTER 6, FEE IN LIEU OF DETENTION, OF THE
CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA,
AMENDING SAME BY ESTABLISHING THAT AN ASSESSMENT PER
SQUARE FOOT SHALL BE PAID IN LIEU OF DETENTION FOR ALL
LAND TO BE DEVELOPED WITHIN THE GARNETT REGIONAL
DETENTION AREA.
THIS ORDINANCE AMENDS PART 18, CHAPTER 6, OF THE CITY OF
OWASSO CODE OF ORDINANCES BY ENACTING SECTION 18 -601,
GARNETT REGIONAL DETENTION FACILITY.
to
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT, TO -WIT: SECTION ONE (1): Part 18, Stormwater Management, Chapter 6, Fee in Lieu of Detention, of
the Code of Ordinances of the City of Owjsso, Oklahoma, shall be amended by providing and
codifying as follows:
SECTION 18 -601 GARNETT REGIONAL DETENTION FACILITIES
SECTION TWO (2):
It is the purpose of this ordinance to promote public health, safety and welfare by constructing and
maintaining the Garnett Regional Detention Area. This ordinance is intended to minimize public
and private flood losses from stormwater runoff in the defined area, and thereby increase protection
of human life, health and property.
SECTION THREE (3):
The Garnett Regional Detention 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 use the Garnett Regional Detention Facilities for
stormwater runoff management.
SECTION FOUR (4):
All costs associated with the construction of the Garnett Regional Detention Facilities, including
costs for land acquisition, construction, professional fees, interest, and other necessary costs and fees,
shall be recouped by an assessment per square foot of all property located within the Assessment
Area which shall obtain approval of a final plat subsequent to the effective date of this ordinance.
The amount of the per square foot assessment shall be established by a Resolution of the City
Council after all costs expended in the construction of the Garnett Regional Detention Facilities have
been finalized.
SECTION FIVE (5):
This assessment shall be paid as a fee in lieu of constructing a detention facility for each property in
the Assessment Area. Payment of this assessment is mandatory, and may only be waived or reduced
by demonstrating special circumstances and obtaining approval of a waiver or reduction by a
majority vote of the City Council. Payment of said assessment shall be due upon the approval of a
final plat.
SECTION SIX (6): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
SECTION SEVEN (7): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended by enacting an ordinance to be codified
in Part 18, Chapter 6, as Section 18 -601.
PASSED by the City Council of the City of Owasso, Oklahoma on the 18th day of September, 2007,
Stephen Cataudella, Mayor
ATTEST:
Sherry Bishop, Clerk
OFFICIAL
(S E A L) SEAL
APPROVED as to form and legality this day of September, 2007
Lombardi, City Attorney
Tulsa County Clerk - EARLENE WILSON
Doc # 2011039589 Page(s): 3
Recorded 05/09/2011 at 12:24 PM
Receipt # 271220 Fee $17.00
CITY OF OWASSO, OKLAHOMA
REFILED ORDINANCE NO. 903
(attaching Exhibit "A ")
AN ORDINANCE RELATING TO PART 18, STORMWATER
MANAGEMENT, CHAPTER 6, FEE IN LIEU OF DETENTION, OF THE
CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA,
AMENDING SAME BY ESTABLISHING THAT AN ASSESSMENT PER
SQUARE FOOT SHALL BE PAID IN LIEU OF DETENTION FOR ALL
LAND TO BE DEVELOPED WITHIN THE GARNETT REGIONAL
DETENTION AREA.
THIS ORDINANCE AMENDS PART 18, CHAPTER 6, OF THE CITY OF
OWASSO CODE OF ORDINANCES BY ENACTING SECTION 18 -601,
GARNETT REGIONAL DETENTION FACILITY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT, TO -WIT:
SECTION ONE (1): Part 18, Stormwater Management, Chapter 6, Fee in Lieu of Detention,
of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by providing and
codifying as follows:
SECTION 18 -601 GARNETT REGIONAL DETENTION FACILITIES
SECTION TWO (2):
It is the purpose of this ordinance to promote public health, safety and welfare by constructing
and maintaining the Garnett Regional Detention Area. This ordinance is intended to minimize
public and private flood losses from stormwater runoff in the defined area, and thereby increase
protection of human life, health and property.
SECTION THREE (3):
The Garnett Regional Detention 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 use the Garnett Regional Detention
Facilities for stormwater runoff management.
SECTION FOUR (4):
All costs associated with the construction of the Garnett Regional Detention Facilities, including
costs for land acquisition, construction, professional fees, interest, and other necessary costs and
fees, shall be recouped by an assessment per square foot of all property located within the
Assessment Area which shall obtain approval of a final plat subsequent to the effective date of
this ordinance. The amount of the per square foot assessment shall be established by a
Resolution of the City Council after all costs expended in the construction of the Garnett
Regional Detention Facilities have been finalized.
SECTION FIVE (5):
This assessment shall be paid as a fee in lieu of constructing a detention facility for each property
in the Assessment Area. Payment of this assessment is mandatory, and may only be waived or
reduced by demonstrating special circumstances and obtaining approval of a waiver or reduction
by a majority vote of the City Council. Payment of said assessment shall be due upon the
approval of a final plat.
SECTION SIX (6): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
SECTION SEVEN (7): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended by enacting an ordinance to be
codified in Part 18, Chapter 6, as Section 18 -601.
PASSED by the City Council of the City of Owasso, Oklahoma on the 18"' day of September,
2007.
Stephen Vataudella, Mayor
(S E A L)
APPROVED as to form and legality this 18t" day of September, 2007.
Jiffie Lombardi, City Attorney
2
EXHIBIT "A"
PUBLISHER'S AFFIDAVIT
ORDINANCE NO. 903
PUBLICATION DATE(S)
09/25/07
CASE NUMBER: ORD NO. 903
INVOICE NO: 00040620
LEGAL NOTICE
STATE OF OKLAHOMA
COUNTY OF Tulsa SS
I, of lawful age, being duly sworn, am a legal representative of
Owasso Reporter of Owasso, Oklahoma, a daily newspaper of
general circulation in Tulsa, Oklahoma, a newspaper qualified
to publish legal notices, advertisements and publications as
provided in Section 106 of Title 25, Oklahoma Statutes 1971
and 1982 as amended, and thereafter, and complies with all
other requirements of the laws of Oklahoma with reference to
legal publications. That said notice, a true copy of which is
attached hereto was published in the regular edition of said
newspaper during the period and time of publication and not in
a supplement, on the ABOVE LISTED DATE(S)
Subscribed to and sworn to me this 26th day of September, 2007.
Notary Public
NCY CAROL MOORE
My commission number: 06011684
My commission expires: December 8, 2010
Customer #: 00000779
Customer: CITY OF OWASSO
Publisher's Fee: 82.50 NANCY CAROL MOORE Notary Notary Public • State of Oklahorna
Tulsa County
My Commission Expires December 8, 2010
Commission # 06011684
40620
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma,
September 25, 2007.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 903
AN ORDINANCE RELATING TO PART 18, STORMWATER MAN-
AGEMENT, CHAPTER 6, FEE IN LIEU OF DETENTION, OF THE
CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA,
AMENDING SAME BY ESTABLISHING THAT AN ASSESSMENT
PER SQUARE FOOT SHALL BE PAID IN LIEU OF DETENTION FOR
ALL LANDTO BE DEVELOPED WITHINTHE GARNETT REGIONAL
DETENTION AREA.
THIS ORDINANCE AMENDS PART 18, CHAPTER 6, OF THE CITY
OF OWASSO CODE OF ORDINANCES BY ENACTING SECTION
18 -601, GARNETT REGIONAL DETENTION FACILITY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT, TO -WIT:
SECTION ONE (1): Part 18, Stormwater Management, Chapter 6,
Fee in Lieu of Detention, of the Code of Ordinances of the City of
Owasso, Oklahoma, shall be amended by providing and codifying as
follows:
SECTION TWO (2)
It is the purpose of this ordinance to promote public health, safety and
welfare by constructing and maintaining the Garnett Regional
Detention Area. This ordinance is intended to minimize public and pri-
vate flood losses from stormwater runoff in the defined area, and there-
by increase protection of human life, health and property.
SECTION THREE (3)
The Garnett Regional Detention 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 use the Garnett
Regional Detention Facilities for stormwater runoff management.
SECTION FOUR (4):
All costs associated with the construction of the Garnett Regional
Detention Facilities, including costs for land acquisition, construction,
professional fees, interest, and other necessary costs and fees, shall
be recouped by an assessment per square foot of all property located
within the Assessment Area which shall obtain approval of a final plat
subsequent to the effective date of this ordinance. The amount of the
per square foot assessment shall be established by a Resolution of the
City Council after all costs expended in the construction of the Garnett
Regional Detention Facilities have been finalized.
SECTION FIVE (5):
This assessment shall be paid as a fee in lieu of constructing a deten-
tion facility for each property in the Assessment Area. Payment of this
assessment is mandatory, and may only be waived or reduced by
demonstrating special circumstances and obtaining approval of a waiv-
er or reduction by a majority vote of the City Council. Payment of said
assessment shall be due upon the approval of a final plat.
SECTION SIX (6): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days
from the date of final passage as provided by state law.
SECTION SEVEN (7): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended by enact-
ing an ordinance to be codified in Part 18, Chapter 6, as Section 18-
601.
PASSED by the City Council of the City of Owasso, Oklahoma on the
18th day of September, 2007.
/s/ Stephen Cataudella, Mayor
ATTEST:
/s/ Sherry Bishop, City Clerk
(SEAL)
APPROVED as to form and legality this 18th day of September, 2007.
/s/ Julie Lombardi, City Attorney
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: SHERRY BISHOP
ADMINISTRATIVE SERVICES DIRECTOR
SUBJECT: ORDINANCE NO. 903
GARNETT ROAD REGIONAL DETENTION FACILITY
DATE: September 14, 2007
BACKGROUND:
At the August 2007 work session, the City Council heard a proposed concept for the construction
and financing of a regional detention facility in the area southwest of E. 96"' Street North and N.
Garnett Road. The concept included:
• Acquisition of the property,
• An ordinance requiring a fee in lieu of detention for undeveloped property within the
drainage basin,
• Design and construction of detention facilities, and
• Financing the project with a Revenue Anticipation Note issued by the OPWA.
On August 21, 2007, the purchase of the land, the contract for design and engineering services
and the RAN financing were all approved by City Council and/or OPWA Trustee action. The
remaining action to complete the concept is the approval of an ordinance establishing a
mandatory fee in lieu of detention for all undeveloped property in the drainage basin.
Proposed Ordinance No. 903:
• Establishes the Garnett Regional Detention Assessment Area;
• Requires the use of regional detention in the assessment area;
• Assesses a mandatory fee in lieu of detention due at final plat approval;
• Authorizes only the Council to waive or reduce the assessment fee; and
• Authorizes the assessment rate to be established by Resolution after final costs are
known.
RECOMMENDATION:
Staff recommends Council approval of Ordinance No. 903 establishing the Garnett Regional
Detention Area and establishing a mandatory assessment in lieu of detention for all undeveloped
properties in the Assessment Area.
ATTACHMENT:
Ordinance No. 903