HomeMy WebLinkAbout957_Amend Ord 903_Garnett Regional Detention Pond_PaybackTulsa County Clerk - EARLENE WILSON
Doc # 2009124402 Page(s): 2
Recorded 12/07/2009 at 11:31 AM
Receipt # 183006 Fee $15.00
CITY OF OWASSO, OKLAHOMA
EMERGENCY ORDINANCE NO. 957
AN ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA (THE
"CITY "), RELATING TO THE AMENDMENT OF ORDINANCE NO. 903
(CODIFIED AS PART 18, CHAPTER 6, SECTION 18 -601 ENTITLED
"GARNETT REGIONAL DETENTION FACILITY ") OF THE CODE OF
ORDINANCES OF THE CITY BY ELIMINATING THE WAIVER OR
REDUCTION OF ASSESSMENT ALLOWED BY SECTION FIVE (5) OF
ORDINANCE NO. 903; DECLARING AN EMERGENCY; AND
CONTAINING OTHER PROVISIONS RELATED THERETO.
WHEREAS, Section 18 -601 of the Owasso Code of Ordinances, enacted through
Ordinance 903 on September 18, 2007, by the City establishes a per square foot assessment to be
paid as a fee to recoup 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; and
WHEREAS, by the terms of Ordinance 903, payment of the assessment 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, 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 18 -601 of the
City's Code of Ordinances currently provides as follows:
"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."
The above paragraph is hereby deleted in its entirety and replaced and superseded with the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 in lieu of constructing a detention facility for
each property in the Assessment Area. Payment of this assessment is mandatory,
and shall be due upon the approval of a final plat."
Section 2. 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 3. 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 AND APPROVED THIS 11T DAY OF DECEMBER, 2009.
(SEAL) OFFICIAL 0
SEAL
ATTEST:
City Clerk
CITY OF OWASSO, OKLAHOMA
By:
Stephen Cataudella, Mayor
APPROVED AS TO FORM AND LEGALITY THIS 1sT
DAY OF DECEMBER, 2009.
Lombardi, City Attorney
PUBLISHER'S AFFIDAVIT
ORD NO. 957
12/10/09
CASE NUMBER: ORD NO. 957
AD NO: 00094007
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)
Representative Signature
Subscribed to and sworn to me this 11th day of December, 2009.
Notary Public
CAROL MOORE
My commission number: 06011684
My commission expires: December 8, 2010
Customer #: 00000779
Customer: CITY OF OWASSO
Published in the Owasso Reporter, Owasso, Tulsa County,
Oklahoma, December 10, 2009,
CITY OF OWASSO, OKLAHOMA
EMERGENCY ORDINANCE NO. 957
AN ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA (THE
"CITY "), RELATING TO THE AMENDMENT OF ORDINANCE NO.
903 (CODIFIED AS PART 18, CHAPTER 6, SECTION 18 -601
ENTITLED "GARNETT REGIONAL DETENTION FACILITY ") OF
THE CODE OF ORDINANCES OF THE CITY BY ELIMINATING
THE WAIVER OR REDUCTION OF ASSESSMENT ALLOWED BY
SECTION FIVE (5) OF ORDINANCE NO. 903; DECLARING AN
EMERGENCY; AND CONTAINING OTHER PROVISIONS RELAT-
ED THERETO.
WHEREAS, Section 18 -601 of the Owasso Code of Ordinances,
enacted through Ordinance 903 on September 18, 2007, by the City
establishes a per square foot assessment to be paid as a fee to
recoup 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; and
WHEREAS, by the terms of Ordinance 903, payment of the assess-
ment 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, 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 18 -601 of the City's Code of Ordinances currently provides
as follows:
'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:'
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 in lieu of constructing a
detention facility for each property in the Assessment Area.
Payment of this assessment is mandatory, and shall be due upon the
approval of a final plat."
Section 2. Emergency. It is necessary for the immediate preserva-
tion 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 3. 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 AND APPROVED THIS 1ST DAY OF DECEMBER, 2009.
CITY OF OWASSO, OKLAHOMA
/s /Stephen Cataudella, Mayor
/s/ Sherry Bishop, City Clerk
/s /Julie Lombardi, City Attorney
Publisher's Fee: 110.60 NANCY MOORE
Notary Public - State of Oklahoma
Tulsa County
My Commission Expires December 8, 2010
Commission # 06011684
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 ni�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
Ordinances, by removing the City Council's authority to reduce or waive payment of the
required assessmemt fee paid by landowners, in fieu 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