HomeMy WebLinkAbout916_Water Payback Agreement_Firestation No 3Tulsa County Clerk- EARLENE WILSON
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CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 916
AN ORDINANCE RELATING TO PART SEVENTEEN (17), CHAPTER ONE
(1), OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO,
OKLAHOMA, AMENDING SAME BY ESTABLISHING AN ASSESSMENT
PER ACRE TO BE PAID FOR ALL LAND SUBSEQUENTLY DEVELOPED
WITHIN THE FIRE STATION NO.3 WATERLINE EXTENSION PAYBACK
AREA.
THIS ORDINANCE AMENDS PART SEVENTEEN (17), CHAPTER ONE (1),
OF THE CITY OF OWASSO CODE OF ORDINANCES BY ENACTING
SECTION 17 -111, FIRE STATION NO. 3 WATERLINE EXTENSION
PAYBACK AREA.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT, TO -WIT:
SECTION ONE (1): Part Seventeen, (17) Chapter One (1), of the Code of Ordinances of the City
of Owasso, Oklahoma, shall be amended by providing and codifying as follows:
SECTION 18 -601 FIRE STATION NO.3 WATERLINE EXTENSION ASSESSMENT
AREA
SECTION TWO (2):
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.
SECTION THREE (3):
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.
SECTION FOUR (4):
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
3
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, and only after special circumstances have been presented to the
Council which establishes that the requested reduction or waiver is necessary.
SECTION FIVE (5): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended by enacting an ordinance to be codified
in Part Seventeen (17), Chapter One (1), as Section 17 -111.
SECTION SIX (6): REPEALER
All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the
extent of the conflict only.
SECTION SEVEN (7): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the
remaining portion shall not be affected but shall remain in full force and effect.
SECTION EIGHT (8): 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 NINE (9): FILING
That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct
copy of this Ordinance.
OFFICIAL
ATTES
Sherry Bishop, ty Clerk
APPROVED AS TO FORM:
Lombardi, City Attorney
PASSED and APPOVED on the 6th day of May, 2008.
Stephen taudella, Mayor
i
Owasso Public Works
Department
Engineering Div.
P.O. 180
Owasso, OK 74055
918.272.4959
www.cityofowasso.com
EXHIBIT A
E 106TH STREET
FIRE STATION #3
WATER PAYBACK AREA
LOCATION MAP
N
W E
S
5/2/06
PUBLISHER'S AFFIDAVIT
ORDINANCE NO. 916
05/13/08
CASE NUMBER: ORD NO, 916
AD NUMBER: 00056763
LEGAL NOTICE
STATE OF OKLAHOMA
COUNTY OF Tulsa I 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)
Representative Signature
Subscribed to and sworn to me this 14th day of May, 2008.
Notary Public
NCY CAROL MOORE
My commission number: 06011684
My commission expires: December 8, 2010
Customer #: 00000779
Customer: CITY OF OWASSO
Publisher's Fee: 152.60 � NANCY CAROL MOORE
Notary
December 8 2010
# 06011684
56763
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma,May 13, 2008.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 916
AN ORDINANCE RELATING TO PART SEVENTEEN (17), CHAPTER ONE (1), OF
THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMEND-
ING SAME BY ESTABLISHING AN ASSESSMENT PER ACRE TO BE PAID FOR
ALL LAND SUBSEQUENTLY DEVELOPED WITHIN THE FIRE STATION NO. 3
WATERLINE EXTENSION PAYBACK AREA.
THIS ORDINANCE AMENDS PART SEVENTEEN (17), CHAPTER ONE (1), OF THE
CITY OF OWASSO CODE OF ORDINANCES BY ENACTING SECTION 17 -111, FIRE
STATION NO.3 WATERLINE EXTENSION PAYBACK AREA.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT, TO -WIT:
SECTION ONE (1): Part Seventeen, (17) Chapter One (1), of the Code of Ordinances
of the City of Owasso, Oklahoma, shall be amended by providing and codifying as fol-
lows:
SECTION TWO (2):
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 PARTIAL OF LAND LOCATED IN SECTION 16, TOWNSHIP 21 -N, RANGE 14 -E,
DESCRIBED AS NORTHEAST QUARTER OF THE SOUTHWEST QUARTER LESS
STATE RIGHT OF WAY. BEGINNING AT THE NORTHEAST CORNER OF THE
SOUTHWEST QUARTER OF SECTION 16,TOWNSHIP 21 -N, RANGE 14- E,THENCE
WEST 811.23 FEET, THENCE SOUTHWEST 32.73 FEET, THENCE SOUTHWEST-
ERLY ALONG A CURVE TO THE RIGHT A DISTANCE OF 348.26 FEET, THENCE
SOUTHWESTERLY 467.77 FEET, THENCE SOUTH 635.98 FEET, THENCE EAST
1324.08 FEET, THENCE NORTH 1260.87 FEET TO THE POINT OF BEGINNING.
CONTAINING 35.65 ACRES MORE OR LESS
SECTION THREE (3):
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 undevel-
oped property located within the Assessment Area. The amount of the assessment
shall be $2002.94 per acre.
SECTION FOUR (4):
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 assess-
ment can be waived or reduced only when authorized by a majority vote of the City
Council, and only after special circumstances have been pmesented to the Council
which establishes that the requested reduction or waiver is necessary.
SECTION FIVE (5): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended by enacting an ordinance
to be codified in Part Seventeen (17), Chapter One (1), as Section 17 -111.
SECTION SIX (6): REPEALER
All ordinances, or parts of ordinances, in conflict with this ordinance are hereby
repealed to the extent of the conflict only.
SECTION SEVEN (7): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective,
the remaining portion shall not be affected but shall remain in full force and effect.
SECTION EIGHT (8): 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 NINE (9): FILING
That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true
and correct copy of this Ordinance.
PASSED and APPROVED on the 6th day of May, 2008.
/s /Stephen Cataudella, Mayor
ATTEST:
/s/ Sherry Bishop, City Clerk
(SEAL)
APPROVED AS TO FORM:
/s/Julie Lombardi, City Attorney
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: ROGER STEVENS
INTERIM PUBLIC WORKS DIRECTOR
SUBJECT: ORDINANCE NO. 916, ESTABLISHMENT OF
FIRE STATION NO.3 WATERLINE EXTENSION
PAYBACK AREA
DATE: April 29, 2008
BACKGROUND:
Subsequent to the beginning of construction of Fire Station No. 3 on the west side of 145th East
Avenue between 96th Street North and 106th Street North, Public Works staff determined that the
site was inadequately served by both potable water and sanitary sewer infrastructure. Therefore,
a recommendation was made for the construction of new distribution piping, complete with fire
hydrants and appurtenances, to serve the station.
In addition, and as an alternate, a recommendation was made for the construction of additional
distribution improvements to upgrade service to the surrounding area. While not required to
provide service to the fire station, this work would increase the level of service to existence
residences, enhance fire protection resources and provide additional capacity for future
development of the area.
In June 2007, Council awarded a contract, to include the alternate bid, in the amount of $317,935
to MSB Construction of Tulsa, Oklahoma for the construction of the waterline extension project.
The price for the Base Bid was $129,390, while the price for the Alternate Bid project was
$188,545.
In January 2008, Council accepted the project and approved the final payment of a revised
contract amount of $235,266 which includes a revised Base Bid amount of $78,001 and a revised
Alternate Bid amount of $157,265.
PAYBACK AREA:
The Alternate Bid project served to enhance connectivity in City View as well as the First
Baptist Church of Owasso site and the small subdivision along North 136th East Avenue. In
addition to these areas, the Alternate Bid project provided new service to three parcels previously
not served (or served to a limited extent) by the Authority. These parcels include two
undeveloped tracts with frontage on the service road: a 35.65 acre parcel in the NE '/4 of the SW
'/4 of Section 16 and a small triangular tract of 2.61 acres adjacent to the southwest.
Fire Station No. 3 Waterline Extension
Ordinance No. 916
Page 2 of 2
On April 15, 2008, following discussions with city staff regarding methods in which to
recuperate a portion of the project costs, the City Council approved the creation of the Fire
Station No. 3 Waterline Extension Payback Area and assessed the value of the area equal to
$78,632.50; or one -half of the total construction cost of the Alternate Bid. These costs will be
recovered on a "per acre" basis from any development in the undeveloped tracts located in the
determined assessment area. The assessment area consists of 2 parcels totaling 38.26 acres,
resulting in a proposed unit cost of $2002.94 per acre. The total assessment fee for the 35.65 acre
parcel would be $71,404.83, while the total costs for the 2.61 acre parcel would be $5227.67.
RECOMMENDATION:
Staff recommends Council approval of Ordinance No. 916, formally adopting the Council's
action taken April 15, 2008 to establish the Fire Station No. 3 Waterline Extension Payback Area
to include an assessment of $2002.94 per acre for any development located within the designated
area.
ATTACHMENTS:
A. Ordinance No. 916