HomeMy WebLinkAbout2016 24_NUNC PRO TUNC_2017.03.07CITY OF OWASSO, OKLAHOMA
RESOLUTION 2016 -24 NUNC PRO TUNC
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, RESOLVING THE NECESSITY OF INSTITUTING AND
PROSECUTING CONDEMNATION PROCEDURES TO OBTAIN THE
PROPERTY LOCATED AT 120 EAST 2ND STREET, OWASSO, OKLAHOMA.
WHEREAS: The City of Owasso, by and through officers and agents
thereof, has endeavored to purchase the property located at 120 East 2nd Street,
Owasso, Oklahoma, owned by Ron Detherow a /k /a Ronald E. Detherow a /k /a
Ronald Eugene Detherow, Trustee of The Revocable Living Trust of Ron Detherow,
u /d /o January 4, 2014, with the following legal description:
Lot 1 & E10 Vac Alley Adj on W thereof, Block 10, Owasso OT
WHEREAS: Acquisition of the property referenced above is necessary
for the renovation, expansion and public safety of the grounds surrounding the
building housing the Owasso Police Department; and,
WHEREAS: In connection with such efforts to obtain the needed property
consensually, the City of Owasso, by and through officers and agents thereof,
has made a bona fide good faith offer to purchase same; and,
WHEREAS: The above - referred landowner has not accepted such offer
and by reason thereof, condemnation proceedings, as provided for under the
Constitution and Statutes of the State of Oklahoma, are necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, THAT: Officers and agents of the City of Owasso,
Oklahoma, are hereby authorized to initiate, and prosecute to the conclusion
thereof, condemnation proceedings against the above -named landowner to
obtain the premises referenced above.
APPROVED AND ADOPTED this 7th day of March, 17, by the City Council
of the City of Owasso, Oklahoma. A
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Approved As To Form:
ie Trout Lombardi, City Attorney
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The Honorable Mayor and City Council
City of Owasso
Julie Trout Lombardi
City Attorney and General Counsel
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Authorization to Initiate Condemnation Proceedings to Acquire the Property
Located at 120 East 2nd Street, Owasso, Oklahoma, for expansion of the Owasso
Police Department.
March 3, 2017
BACKGROUND:
On December 6, 2016, the City Council approved Resolution 2016 -24 which instituted
condemnation proceedings to obtain a piece of property located at Lot 1 & E10 Vac Alley Adj
on W thereof, Block 10. Owasso OT. The property was purported to be owned by Ron Detherow.
Subsequent to the date of approval, a title search on the property revealed that the owner is
actually the Revocable Living Trust of Ron Detherow. As a result, it is necessary to correct the
resolution previously passed to reflect the correct owner of the property.
RECOMMENDATION:
Staff recommends approval of Resolution 2016 -24 Nunc Pro Tunc authorizing the filing and
prosecution of a condemnation action to obtain the property located at 120 East 2nd Street,
Owasso, Oklahoma from the property owner,
ATTACHMENTS:
Resolution 2016 -24 Nunc Pro Tunc
Agenda Memo dated December 2, 2016
the Revocable Living Trust of Ron Detherow.
C The City Wit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Julie Trout Lombardi
City Attorney and General Counsel
SUBJECT: Authorization to Initiate Condemnation Proceedings to Acquire the Property
Located at 120 East 2nd Street, Owasso, Oklahoma, for expansion of the Owasso
Police Department.
DATE: December 2, 2016
BACKGROUND:
The City of Owasso desires to renovate the former City Hall located at 111 North Main Street
which now solely houses the Owasso Police Department. In addition to renovation of the
existing building, the City intends to reconfigure the parking lots and grounds surrounding that
building and limit access to the grounds for purposes of security and safety. As a part of this
proposed renovation and reconfiguration, acquisition of the property located at the corner of
the existing east driveway and Birch Street, more specifically designated as 120 East 2nd Street, is
necessitated. Consequently, staff has engaged in discussions with the landowner, Ron
Detherow, regarding the purchase of his property. Mr. Detherow does not reside in the house
located on that site but currently utilizes it as a rental property. While Mr. Detherow is not
opposed or unwilling to sell the property to the City of Owasso, he desires compensation greatly
exceeding the property's Fair Market Value and prefers that the City utilize eminent domain
proceedings to obtain the property.
Based upon the foregoing, it has become apparent that condemnation is the sole mechanism
available to the City to obtain the Detherow property. The property will be utilized for a public
purpose; therefore a condemnation action is both warranted and appropriate. The City
obtained an appraisal of the property and offered the landowner a purchase price exceeding
the property's Fair Market Value. Due to the landowner's refusal to accept this offer, City staff
believes that agreement upon a mutually acceptable purchase price cannot be reached
through additional negotiation, Therefore, staff submits that a Resolution of Necessity authorizing
the filing and prosecution of a condemnation action is appropriate and required to obtain the
property located at 120 East 2nd Street, owned by Ron Detherow.
RECOMMENDATION:
Staff recommends approval of Resolution 2016 -24 authorizing the filing and prosecution of a
condemnation action to obtain the property located at 120 East 2nd Street, Owasso, Oklahoma
from the property owner, Ron Detherow.
ATTACHMENTS:
Resolution 2016 -24
Appraisal
Offer Letter to Property Owner