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Home My WebLink About1973.04.03_City Council Minutes._> ~ ,~' April 3, 1973 The Owasso City Council met in the City Hall April 3, 1973 at 7:00 p.m. Present: Joe Ross Nayor Noble Campbell Cit Mara er Robert Peel Vice Mayor Inez Odom y g John Mowery Trustee City Clerk Dean La.r e Josephine Downey Deputy Clerk g Trustee $~}~..~r~~~~~ V. D. Duncan Trustee Mr. Peel moved the minutes of the last meeting be approved. Mr. Mowery seconded the motion. Ayes: Ross, Mowery, Peel, Ia.rge, Duncan. Mr. Campbell recommended the City empl~r the Kenneth Slatten Firm of Shawnee for City Auditor. Mr. Duncan so moved. Mr. Peel seconded the motion. Ayes: Ross, Peel, Large, Mowery, Duncan. The following bids on trucks were accepted and read to the Council: Jack Marshall Chev. Co. Unit I Claremore, Oklahoma Unit 2 $ 2,789.56 $ 2,894.94 Crager GMC, Inc. 2,725.00 Tulsa, Oklahoma 2,849.00 Howard Chev., Inc. 2,953.00 Owasso, Oklahoma 3,102.00 There were some exceptions to the specifications in all the bids. Mr. Campbell will study the bids and make a recommendation to the Board for acceptance. A request has been made for approval of a T G & Y store to be located just east of the Safeway Store. Mr. Campbell recommended the plan be approved but specified they be required to dedicate 25f just west of the location for a r®ad and that they build the road. Mr. Peel so moved. Mr. Large seconded the motion. Ayes: Ross, Peel, Large, Duncan, Mowery. Mr. Mowery moved the meeting be continued to Monday, April 9, at 7:00 p.m. Mr. Peel seconded the motion. Ayes: Ross, Peel, Mowery, Large, Duncan. 7:23 p.m. The ballot boxes came in at this time Methodi t C with the following reports of the election: Mowery s hurch 4g Junio_ r, High Total ~ Ball 42 8~ ~ 122 Peel Myers 66 9g 61 157 Ross 52 104 Moore 40 156 25 65 CITY OF OWASSO TREASURER'S REPORT FUND BANK BALANCE CERT. DEPOSIT MATURITY DATE General Fund ~~~ 9~~ ~,~ r Firemen's Relief & Pension Sales Tax Reserve Fund Refuse Fund Street & Alley Fund Sinking Fund Water Fund Sewer Fund Sewer Improvement Fund Meter Deposit Fund Park Fund ~ /,~, d / _ t, -- 5 G/6, ~~ ~ S~G~.~ ~ /7 09~• ~9 - ~ - .~db, O~ i on c~ cab ,.,7 ,~ v O ~ O D .S 5~c. o 3 cnc, oc ~;(~ aOO,~'b Lr C' G~ E~ ~ to b ~ ~` ! ~"~ C O , O Cy `~-/~- 9~ 3 - /~- ~~ ~ - /~~7~ ~-ii-7¢ ~-~~-7~ i~~ -'73 -/mil-7~ s,~ - ~ ~ - '7.~ 3 - ~~-'7~ _ o ._ q /~, ~ 7 3 -/~- ?~ /~ ~ 0 ~ ~ pr.Cl,oo G ~ - ~~ -'7SL ~ i ; ~ac,o o oO, Can . .~ - i~ -'7v,~ ~~~ 89 Cemetery Fund Cemetery Perpetual Care /, 7.39 ~ .~~' a e~ . ~ - ~' 7~ ~, ~ ° ~' Main Street Imp. Fund ~ ~ ~ ~~-. /U OUA Fund ~ ~~ ~ ~7 ~ Revenue Sharing Trust Acct. / ~, ~7~.. 8~' /-a, ~ a ~ , n ~ ~ - i~ - 73 TOTALS / ~ .~?, ~7~, 9s /ao~ ~~6d'. s 7 BALANCE, OF APPROPRIATIONS General Fund -Personal Services ~ ~~ ~ ~9 Maintenance & Operations ~ ~ / ~ p ~ ~ . ~, ~ ~ Capital Outlay ~ < ~ ~, ~ 40~ Total -` '7 79~, ~.~~ Street & Alley Fund Maintenance & Operations ~/-~~ ,3~ T'OC 6 {~'~nF,r"1 , ?arc'. ~'-~*~r;,t.]'l?_C..t c~nc ~t~n. Win. `,'1 .7 s .,,, ot.7t'Zr.':c~~-; c-,rn n~7 1 IO . ~~ '~. ~. 'i.ntnn ~o ~~ :''~ I - ` ~ _~ . '`ooc?r. ? C!z Store 1 ~# ~ . ; :... _ .:_ ,_ o ._, .. ~~ .Ts7~'il T„ ~~ ''~~7 C' qo ,. '.Z ~. r 1. -'t' .. i-' r tl ~.1 ~ rt a°4tnc~• ''1~•1c'rS l7 ,nn -"~."'';~ ' i fi 1. '-c.; T.. i. `<'~ ~ :~ ,r ~''~'~~t7 ~~z.? 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Tnr _ , .. ~_~ , 1 rn ., n,- ',t,,~ , ~.n -.l l r{- '~t7n.-.l ~ ~~t- 1 r n~ ,;~, ,: c C .. ~ ~ .., .: 71'x_. .T. .,~11.f~t.t~1~~ '\"`~CC~VC:r'~ `."ooc'ro.v {,`;:~±c>r-, i_r~cr -;~=c~c~ ~,7,~'; -.- ~ r. _ ,~.-w~. ~ _ ~ nc f~., ~; ,, Vin, f-,« T~ ~ F r - c~n.,,r~, T=,-~,r,.~-or, ;.ncrr=~ 4~;r~ ?•;, ~^ r;,,~~^r=, , iy tznc _ , { •, . , . L.. n (-, O ll;v O ,.~ 1. T~ c "f " ' ~ ~. C1 ~< f~ t (y, n r -~ q C ,-) < ` ~ ~i • i ~ i` ,C r ' ~_~!\7~.• 1<.; ~' ail (f`i`!j c~r~j r, ?~ -.-7, ~7 /In '~':~lor?_- 7 I_; fe, ~ :'.cc. Ins ^01 7 C7!? . 7!7 . , nn ~Tj Cf:i?r' i<0"nn znr r ~ ~ ~' . • Tt_Ilr_~, "tt~int~Sc ~"uci~inc~ ~ ~~ ~, _... . ,c, `^ n~i.~,~"C' `.LIED ~~C?~^7~? ~ ~ ~7 ^r~,-,-"tliile,=';tj.r>`lc `"n _,, '^~?. 7'' 7n rT,~.:I n :Ie~~;T-D7,.-I Tnc , - . ~, n .. _ . r.. <:, T~ 'Doe'r. ot~. ~~.tc~r. s ,^~ . ~ ~r ' T. ~ ~, ':~~crs 1 ~ , . 7 ~. .~.nn "r'.`_ ~;r;rrr~.t7nc ";ccotant ~ ;~ ~- _: 7 :.. ~, r'. E` Ca C': a i. i 1 X ,•, r ± p ~ G.~ .-, -} ~ n •• ?- 7 l ~ i t ~"1 T O I_I r+'l ":'~' ?" 1. ~ ~: n ... , .. T'~, n Via. l 1. '? ~ , r)') ,70 ~.. ,_ ?~orot~v "a11-ci- i ~c ,c7 r, ~1, :il~~Ll?'"i'1 S'I' ~~ '?-.nn, r ~~r~ :? ` ~~ ~ROLD CHARNEY ~. W. VANDALL City of Owasso: March 27, 1973 LAW OFFICES LEGAL OPINION P. O. BOX 11 C OWASSO, OKLAHOMA 74055 272-5338 Pursuant to request made at the adjourned meeting of the City Council on March 21, 1973, the following opinion is presented with regard to the current status of the shopping center located on the West side of 700 North Main, owned by H. D. Hale, which shopping center was partially destroyed by a fire prior to this date. In particular, this opinion deals with dated March 3, 1971, executed by H. D. Hale and all members of the Owasso Town Council. conjunction therewith are the provisions of ordinance and subdivision regulations for Q adopted in July, 1969. a certain letter and J. W. Hale, Considered in the zoning aasso, Oklahoma, As of July, 1969, the shopping center hereinabove referred to existed as a non-conforming structure and was ~, operated as a non-conforming use. On March 3, 1971, after the effective date of the zoning ordinance, an agreement was entered into by and between H. D. Hale and J. W. Hale on the one hand, and the Owasso Town Council on the other, the salient provision of which is as follows: "l. It is agreed that the Shopping Center located on the West side of 700 N. Main is properly zoned and a legal functioning building in full compliance with all existing Town of Owasso ordinances." (Emphasis supplied.) It is my opinion that the agreement made as part of the letter dated March 3, 1971 was an affirmation that the shopping center existed as a non-conforming structure operated for a non-conforming use. It cannot be maintained the letter of March 3, 1971 operated to re-zone the property in conformity with its use at that time, inasmuch as such an interpretation would be repugnant to and in conflict with the provisions of the then existing zoning ordinance and subdivision regulations. Therefore, I opine that the provisions of the zoning ordinance for the City of Owasso must now be followed, particu- larly Section 1030, sub-paragraph(b)of the zoning ordinance, Page 2. which states as follows: (b) Should such structure be damaged or partially destroyed by any means to the extent of more than 10% but less than 50% of its replacement cost at time of damage, the restoration as a non-conforming structure shall be subject to the Board of Adjustment's finding, after adherence to the procedural requirements for a special exception, that its restoration to a conforming structure cannot be reasonably made in view of the nature and extent of the non-conformity and the nature and extent of the damages. Should such structure be damaged or destroyed by any means to the extent of more than 50% of its replacement cost, at the time of damage, no repairs or reconstruction shall be made unless every portion of said structure is made to con- form in every respect to the provisions ~ the district in which located. It will therefore be incumbent upon the owner of the property to determine replacement cost at the time of damage. If it can be proven to the satisfaction of the Board of Adjustments that the structure was damaged in an amount greater than 10% but less than 50% of its replacement cost at the time of damage, then the structure may be restored if the Board's procedural requirements for a special exception are met. Likewise, if the structure was damaged to an extent greater than 50% of its replacement cost at the time of damage, then and in that event such structure would have to be made to conform to the RS-2 classification and its non-conforming use could not be continued or resumed. Respectfully submitted, ~Z W. W. VanDall City Attorney