HomeMy WebLinkAbout935_76 St Interceptor Payback AgreementTulsa County Clerk - EARLENE WILSON
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Recorded 01/26/2009 at 01:09 PM
Receipt # 126798 Fee $19.00
OKLAHOM A
CITY OF OWASSO
ORDINANCE NO. 935
AN ORDINANCE RELATING TO PART 17 UTILITIES, CHAPTER 3,
SEWER SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF
OWASSO, OKLAHOMA, AMENDING SAME BY ESTABLISHING A PER
ACRE PAYBACK FOR CONSTRUCTION OF THE 76TH STREET SEWER
INTERCEPTOR
THIS ORDINANCE AMENDS PART 17, CHAPTER 3, OF THE CITY OF
OWASSO CODE OF ORDINANCES BY ENACTING SECTION 17 -301, 76TH
STREET SEWER INTERCEPTOR.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT, TO -WIT:
SECTION ONE (1): Part 17, Utilities, Chapter 3, Sewer System, of the Code of Ordinances of
the City of Owasso, Oklahoma, shall be amended by providing and codifying as follows:
SECTION 17 -301 76" STREET SEWER INTERCEPTOR
SECTION TWO (2):
It is the purpose of this ordinance to promote public health, safety and welfare by constructing and
maintaining a sewer line from a point between 129th East Ave. and 145th East Avenue along 76th
Street North to approximately 193rd East Ave. This improvement shall be known as and referred to
within this ordinance as the "76th Street Sewer Interceptor."
SECTION THREE (3):
The 76th Street Sewer Interceptor 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 within the Assessment Area may connect to the
76th Street Sewer Interceptor subsequent to the effective date of this ordinance.
SECTION FOUR (4):
All costs associated with the construction of the 76th Street Sewer Interceptor, including costs for the
acquisition of the land, construction costs, professional fees, interest, and other lawful and authorized
costs and fees, shall be recouped through an assessment per acre for all property located within the
Assessment Area. The assessment amount per acre shall be established subsequent to approval of
this Ordinance through adoption of a Resolution by the Owasso Public Works Authority after all
costs have been paid and the construction of the 76th Street Sewer Interceptor has been completed.
SECTION, FIVE:.(5):
This assessment shall be paid as a fee for sewer services for properties developed henceforth 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.
Properties within the Assessment Area which have already been developed shall pay such assessment
upon connection to the 76th Street Sewer Interceptor.
SECTION SIX (6):
Properties not located within the Assessment Area may request connection to the 76th Street Sewer
Street Interceptor. Upon approval of the connection, payment of the assessment becomes 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. Properties which have already been developed shall pay such
assessment upon connection to the 76th Street Sewer Interceptor.
SECTION SEVEN (7): 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 EIGHT (8): REPEALER
All ordinances or parts of ordinances, in conflict with this ordinance are repealed to the extent of the
conflict only.
SECTION NINE (9): SEVERABILITY
If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall not be
affected but remain in full force and effect.
SECTION TEN (10): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended by enacting an ordinance to be codified
in Part 17, Chapter 1, as Section 17 -302.
Ordinance 935
PASSED by the City Council of the City of Owasso, Oklahom on e 6t" day o uary, 2009.
Stepheh Cataudella, Mayor
ATTEST:
Sherry Bish ,City Clerk
(S E A L)
APPROVED as to form and legality
Julie Lombardi, ity Attorney
CITY OF OWASSO
JULIE STEVENS
P O BOX 180
OWASSO, OK 74055
Ordinance 935
CITY OF OWASSO ASSESSMENT AREA OF NET ACRES 3843
1 l 1 N. Main Street
THE 76TH STREET SEWER
PREVIOUSLY
DEVELOPED ACRES 1124
P.O. Box 180 INTERCEPTOR PAYBACK UN- DEVELOPED 2719 0
Owasso, OK 74055 ACRES
THIS MAP 15 FOR INFORMATION PURPOSE ONLY AND IS NOT INTENDED TO North
918.376.1500 REPRESENT AN ACCURATE AND TRUE SCALE USE OF THIS MAP IS WITHOUT 12/31/08
WARRANTY OR REPRESENTATION BY CITY OF OWASSO OF ITS ACCURACY.
PUBLISHER'S AFFIDAVIT
ORD NO. 935
PUBLICATION DATE(S)
01/27/09
CASE NUMBER: ORD NO. 935
AD NUMBER: 00074154
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 weekly newspaper
of general circulation in Tulsa, Oklahoma, a newspaper quali-
fied 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 28th day of January, 2009.
Notary Public
NQNCY CAROL MOORE
My commission number: 06011684
My commission expires: December 8, 2010
Customer #: 00000779
Customer: CITY OF OWASSO
Publisher's Fee: 169.40 NANCY CAROL M70k1ahow
Notary PUNC - State of Tuisa County .MYCommission . Expires DecCommission # 060
Published in the Owasso Reporter, Owasso, Ise Coo klalferrf,'Jaou2 7, 09.
CITY
ORDINANCE NO. 935
AN ORDINANCE RELATING TO PART 17 UTILITIES, CHAPTER 3, SEWER SYSTEM, OF
THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME
BY ESTABLISHING A PER ACRE PAYBACK FOR CONSTRUCTION OFTHE 76TH STREET
SEWER INTERCEPTOR
THIS ORDINANCE AMENDS PART 17, CHAPTER 3, OF THE CITY OF OWASSO CODE OF
ORDINANCES BY ENACTING SECTION 17 -302, 76TH STREET SEWER INTERCEPTOR.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-
WIT:
SECTION ONE (1): Part 17, Utilities, Chapter 3, Sewer System, 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 a sewer line from a point between 129th East Ave. and 145th East Avenue
along 76th Street North to approximately 193rd East Ave. This improvement shall be known as
and referred to within this ordinance as the "76th Street Sewer Interceptor."
SECTION THREE (3):
The 76th Street Sewer Interceptor 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 within the Assessment Area may connect
to the 76th Street Sewer Interceptor subsequent to the effective date of this ordinance.
SECTION FOUR (4):
All costs associated with the construction of the 76th Street Sewer Interceptor, including costs
for the acquisition of the land, construction costs, professional fees, interest, and other lawful
and authorized costs and fees, shall be recouped through an assessment per acre for all prop-
erty located within the Assessment Area. The assessment amount per acre shall be established
subsequent to approval of this Ordinance through adoption of a Resolution by the Owasso
Public Works Authority after all costs have been paid and the construction of the 76th Street
Sewer Interceptor has been completed.
SECTION FIVE (5):
This assessment shall be paid as a fee for sewer services for properties developed henceforth
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 reduc-
tion by a majority vote of the City Council. Payment of said assessment shall be due upon the
approval of a final plat. Properties within the Assessment Area which have already been devel-
oped shall pay such assessment upon connection to the 76th Street Sewer Interceptor.
SECTION SIX (6):
Properties not located within the Assessment Area may request connection to the 76th Street
Sewer Street Interceptor. Upon approval of the connection, payment of the assessment
becomes mandatory and may only be waived or reduced by demonstrating special circum-
stances 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. Properties which
have already been developed shall pay such assessment upon connection to the 76th Street
Sewer Interceptor.
SECTION SEVEN (7): 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 EIGHT (8): REPEALER
All ordinances or parts of ordinances, in conflict with this ordinance are repealed to the extent
of the conflict only.
SECTION NINE (9): SEVERABILITY
If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall
not be affected but remain in full force and effect.
SECTION TEN (10): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended by enacting an ordinance to be
codified in Part 17, Chapter 1, as Section 17 -302.
PASSED by the City Council of the City of Owasso, Oklahoma on the 20th day of January, 2009.
/s/ Stephen Cataudella, Mayor
ATTEST:
/s/ Sherry Bishop, City Clerk
(SEAL)
APPROVED as to form and legality
/s/ Julie Lombardi, City Attorney
JAN 2 0 2009
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: SHERRY BISHOP
ASSISTANT CITY MANAGER
SUBJECT: ORDINANCE NO. 935
76" STREET SEWER INTERCEPTOR PAYBACK
DATE: January 15, 2009
BACKGROUND:
The Stone Canyon development and the construction of the 76th Street interceptor project to extend
sewer service to eastern areas of Owasso have been discussed by the City Council/OPWA several
times over the past year. In October of 2007, the OPWA Trustees approved Resolution No. 2007 -09
authorizing an application for financing with the OWRB (Oklahoma Water Resources Board). The
sewer interceptor project was included with the wastewater treatment plant improvements and the
lift station improvements in the resolution. The OPWA Trustees approved an engineering services
agreement with Greeley and Hansen for design of the sewer interceptor project on August 19, 2008.
The drainage basin to be served by the sewer interceptor project includes 3,843 gross acres. 2,719
net acres are available for development and 1,124 net acres previously developed would have access
to sewer service through the 76 Street sewer interceptor. The estimated future population of the
service area is 8,727.
The concept for funding the project is to obtain a construction loan and subsequent long -term
financing (up to 30 years) from the OWRB. The loan would be paid from the OPWA utility
revenues, not from sales tax or other City revenues. Additionally, any development utilizing the
interceptor line to connect for sewer service would be required by ordinance to pay a per -acre fee to
the OPWA.
The per -acre fee would be based on the final project cost. The estimated cost of construction for the
interceptor project is $5.2 million. Interest and other financing costs would be added to the final
construction costs to establish the final project cost as a basis for the per -acre fee. Upon completion
of the project, OPWA Trustees will be asked to approve a resolution establishing the per -acre
amount. The number of acres to be included as the basis for the fee will also be determined at that
time.
A draft proposed ordinance was presented for discussion at the November 11, 2008 and January 12,
2009 Council Work Session meetings. Ordinance No. 935 includes additional wording to specify
that property outside the Assessment Area connecting to the 76th Street Sewer Interceptor is subject
to the fee.
The proposed ordinance would do the following:
• Establish the 76th Street Sewer Interceptor Assessment Area;
• Assess a mandatory fee for connection to the 76th Street Sewer Interceptor;
• Authorize only the Council to waive or reduce the connection fee; and
• Authorize the assessment fee rate to be established by Resolution of the OPWA after the
final costs are known.
RECOMMENDATION:
Staff recommends City Council approval of the Ordinance No. 935 establishing the 76th Street Sewer
Interceptor Assessment Area and assessing a mandatory per -acre fee for connection to the 76th Street
Sewer Interceptor such per -acre fee to be established by OPWA Resolution upon completion of the
proj ect.
ATTACHMENT:
Ordinance No. 935