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HomeMy WebLinkAbout956_Amend Ord 935_76 St Sanitary Sewer InterceptorTulsa County Clerk - EARLENE WILSON Doc # 2009124401 Page(s): 3 Recorded 12/07/2009 at 11:31 AM Receipt # 183006 Fee $17.00 CITY OF OWASSO, OKLAHOMA EMERGENCY ORDINANCE NO. 956 AN ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA (THE "CITY "), RELATING TO THE AMENDMENT OF ORDINANCE NO. 935 (CODIFIED AS PART 17, CHAPTER 3, SECTION 17 -302 ENTITLED "76th STREET SEWER INTERCEPTOR") OF THE CODE OF ORDINANCES OF THE CITY BY ELIMINATING THE WAIVER OR REDUCTION OF ASSESSMENT ALLOWED BY SECTIONS FIVE (5) AND SIX (6) OF ORDINANCE NO. 935; DECLARING AN EMERGENCY; AND CONTAINING OTHER PROVISIONS RELATED THERETO. WHEREAS, Section 17 -302 of the Owasso Code of Ordinances, enacted through Ordinance 935 on January 20, 2009, by the City establishes a per square foot assessment for sewer services to recoup costs associated with the construction of the 76th Street Sewer Interceptor, including costs for land acquisition, construction, professional fees, interest, and other necessary costs and fees; and WHEREAS, by the terms of Ordinance 935, payment of the fee is mandatory, but may be waived or reduced by demonstrating special circumstances and by obtaining approval of said waiver or reduction in the assessment by a majority of the City Council of the City; and WHEREAS, by the terms of Ordinance 935, properties not located within the Assessment Area may request connection to the 76th Street Sewer Interceptor, and upon approval of the connection, payment of the assessment becomes mandatory, but may be waived or reduced by demonstrating special circumstances and by obtaining approval of said waiver or reduction in the assessment by a majority of the City Council of the City; and WHEREAS, the City Council of the City desires to eliminate the allowance for waiver or reduction of this assessment. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, AS FOLLOWS: Section 1. Elimination of the Waiver or Reduction in Assessment. Section (5) of Ordinance 935, codified as Section 17 -302 of the City's Code of Ordinances, currently provides as follows: "This assessment shall be paid as a fee for sewer services 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 76 th Street Sewer Interceptor." The above paragraph is hereby deleted in its entirety and replaced and superseded with the following language: "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 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 2. Elimination of the Waiver or Reduction in Assessment Allowed by Section Six . Section Six (6) of Ordinance No. 935 of the City currently provides as follows: "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 by 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." The above paragraph is hereby deleted in its entirety and replaced and superseded with the following language: "Properties not located within the Assessment Area may request connection to the 76th Street Sewer Interceptor. Upon approval of the connection, payment of the assessment becomes mandatory, and 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 3. Emergency. It is necessary for the immediate preservation of the peace, health, and safety of the City of Owasso, Oklahoma, and the inhabitants thereof that this Ordinance become operative immediately and therefore, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect immediately from and after its passage and approval. Section 4. Codification. The City of Owasso Code of Ordinances is hereby amended by enacting an ordinance to be codified in Part 17, Chapter 3, as Section 17 -302. PASSED AND APPROVED THIS 1ST DAY OF DECEMBER, 2009. (SEAL) OFFICIAL ATTEST: CITY OF OWASSO, OKLAHOMA By: Mayor APPROVED AS TO FORM AND LEGALITY THIS 1ST DAY OF DECEMBER, 2009. Julie Lombardi, City Attorney PUBLISHER'S AFFIDAVIT ORD NO. 956 12/10/09 CASE NUMBER: ORD NO. 956 AD NO: 00094003 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa DIV 94003 Published In the Owasso Reporter, 0 a . ema, December 10, 2009. CITY OF OWASSO, OKLAHOMA EMERGENCY ORDINANCE NO. 956 AN ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA (THE "CITY "), RELATING TO THE AMENDMENT OF ORDINANCE NO. 935 (CODIFIED AS PART 17, CHAPTER 3, SEC- TION 17 -302 ENTITLED "76th STREET SEWER INTERCEPTOR ") OFTHE CODE OF ORDI- NANCES OF THE CITY BY ELIMINATING THE WAIVER OR REDUCTION OF ASSESS- MENT ALLOWED BY SECTIONS FIVE (5) AND SIX (6) OF ORDINANCE NO. 935; DECLAR- ING AN EMERGENCY; AND CONTAINING OTHER PROVISIONS RELATED THERETO. WHEREAS, Section 17 -302 of the Owasso Code of Ordinances, enacted through Ordinance 935 on January 20, 2009, by the City establishes a per square foot assessment for sewer serv- ices to recoup costs associated with the construction of the 76th Street Sewer Interceptor, including costs for land acquisition, construction, professional fees, interest, and other neces- sary costs and fees; and WHEREAS, by the terms of Ordinance 935, payment of the fee is mandatory, but may be waived or reduced by demonstrating special circumstances and by obtaining approval of said waiver or reduction in the assessment by a majority of the City Council of the City; and WHEREAS, by the terms of Ordinance 935, properties not located within the Assessment Area SS may request connection to the 76th Street Sewer Interceptor, and upon approval of the connec- tion, payment of the assessment becomes mandatory, but may be waived or reduced by demonstrating special circumstances and by obtaining approval of said waiver or reduction in the assessment by a majority of the City Council of the City; and 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) Signature Subscribed to and sworn to me this 11th day of December, 2009 Notary Public 4114,z& CY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2010 Customer #: 00000779 Customer: CITY OF OWASSO Publisher's Fee: 165.20 NANCY CAROL MOORE Notary Public - State of Oklahoma Tulsa County My Commission Expires December 8, 2010 Commission # 06011684 WHEREAS, the City Council of the City desires to eliminate the allowance for waiver or reduc- tion of this assessment. BE IT ORDAINED BY THE COUNCIL OF THE, CITY OF OWASSO, OKLAHOMA, AS FOL- LOWS: Section 1. Elimination of the Waiver or Reduction in Assessment. Section (5) of Ordinance 935, codified as Section 17 -302 of the City's Code of Ordinances, currently provides as follows: "This assessment shall be paid as a fee for sewer services 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." The above paragraph is hereby deleted in its entirety and replaced and superseded with the following language: "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 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 2. Elimination of the Waiver or Reduction in Assessment Allowed by Section Six (6). Section Six (6) of Ordinance No. 935 of the City currently provides as follows: "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 by 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." The above paragraph is hereby deleted in its entirety and replaced and superseded with the following language: "Properties not located within the Assessment Area may request connection to the 76th Street Sewer Interceptor. Upon approval of the connection, payment of the assessment becomes mandatory, and 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:" action 3. Emergency.- It is necessary for the immediate preservation of the peace, health, and safety of the City of Owasso, Oklahoma, and the inhabitants thereof that this Ordinance become operative immediately and therefore, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect immediately from and after its passage and approval. Section 4. Codification. The City of Owasso Code of Ordinances is hereby amended by enact- ing an ordinance to be codified in Part 17, Chapter 3, as Section 17 -302. PASSED AND APPROVED THIS 1 ST DAY OF DECEMBER, 2009. CITY OF OWASSO, OKLAHOMA /s/ Stephen Cataudella, Mayor /s/ Sherry Bishop, City Clerk /s/ Julie Lombardi, City Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: EMERGENCY AMENDMENT TO 76TH STREET SEWER INTERCEPTOR AND GARNETT DETENTION FACILITY ORDINANCES DATE: December 1, 2009 BACKGROUND: On September 18, 2007, the City Council approved Ordinance No. 903, codified as Section 18- 601 in the City of Owasso Code of Ordinances, which established that an assessment per square foot must be paid by landowners, in lieu of constructing individual detention, for all lands to be developed within the Garnett Regional Detention Area. Thereafter, on January 20, 2009, the City Council approved Ordinance No. 935, codified as Section 17 -302 in the City of Owasso Code of Ordinances, which established that assessments must be paid by properties developed within the 76th Street Sewer Interceptor Assessment Area, and by properties outside of the assessment area which request connection to the Interceptor. Both Ordinance No. 903 and Ordinance No. 935 established that payment of the required assessment fee was mandatory, and that the assessment fee could be waived or reduced only by demonstrating special circumstances to the City Council and obtaining a waiver or reduction by a m?jority vote of the Council. Neither the Garnett Regional Detention Facility nor the 76th Street Sewer Interceptor has yet been constructed. Accordingly, assessment fees have not yet been determined for the use of either facility, and such fees will not be determined until construction of each facility is complete and a final cost may be accurately calculated. However, tax counsel for the City of Owasso recently advised that language contained in both the Garnett Regional Detention Area and 76th Street Sewer Interceptor ordinances should be revised so that the City may continue to qualify for tax - exempt financing. Specifically, tax counsel has recommended that the City amend both ordinances and remove all language conferring discretionary authority upon the Council to waive or reduce the required assessment fees. Proposed Ordinance No. 956 amends the existing 76th Street Sewer Interceptor ordinance, codified as Section 17 -302 of the City of Owasso Code of Ordinances, by removing the City Council's authority to reduce or waive payment of the required assessment fee to connect to the 76th Street Sewer Interceptor. Likewise, proposed Ordinance No. 957 amends the current Garnett Detention Facility ordinance, codified as Section 18 -601 of the City of Owasso Code of 1 Ordinances, by removing the City Council's authority to reduce or waive payment of the requixed assessment fee paid by landowners in lieu of constructing individual detention EMERGENCY ORDINANCES: 11 O.S. §14 -103 provides that an ordinance enacted by a municipality within the State of Oklahoma shall go into effect thirty (30) days after final passage by the municipality unless the ordinance is deemed to require emergency enforcement. In such event, the ordinance shall be deemed effective immediately upon passage if its emergency status is approved by an affirmative, separate vote of at least three- fourths (3/4) of the members of the governing body. RECOMMENDATION: Staff recommends City Council approval of proposed Ordinances 956 and 957. Staff further recommends that the City Council declare both ordinances to be emergency ordinances which shall be in full force and effect immediately from the date of their approval as provided by statute. ATTACHMENTS: 1. Proposed Ordinance 956 2. Proposed Ordinance 957 2