HomeMy WebLinkAbout509_Annexing Bailey SchoolILILLSA CGUIMV CLERK - JOAN HASTINGS RCPT 103715 07/17/95 09:36:21
DO C # 95060613 FEE 0.00 PGS 4 3/P 572811426-1429
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WHEREAS, notice of the presentation of said Petition was given by the Petitioner by
publication in the Owasso Reporter, a newspaper of general circulation published in the City of
Owasso, Oklahoma, and notice was given that said Petition would be considered by the City
Council of the City of Owasso, at a meeting to be held on June 20, 1995 at 7:00 PM at the
Community Center, Owasso, Oklahoma; and
ar
WHEREAS,
t 20th day of June, 1995, said Petition was duly considered by the City
Council and was determined to have complied with the provisions of Title 11, Section 21-103,
et seq., of the Oklahoma Statutes, and further, that proper legal notice of presentation of said
petition had been given; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, TO WIT:
Section 1. That the following described territory lying in Tulsa County, Oklahoma which
is contiguous to the present corporate limits of the City of Owasso and described in the petition
presented to the City Council in accordance with the provisions of Title 11, Section 21-103, et
seq., of the Oklahoma Statutes, and more particularly described as follows, to-wit:
A tract of land located in the Southeast Quarter of the Southwest Quarter (SE/4, SW/4) of
Section Eighteen (18), Township Twenty-one (21) North, Range Fourteen (14) East of the Indian
Wase and Meridian, Tulsa County, State of Oklahoma, according to the United States
Government Survey thereof, more particularly described as follows, to-wit:
be, and the same is hereby annexed to, made a part of, and added to the City of Owasso,
Oklahoma, and the corporate limits thereof be and are hereby extended to include the above
described territory and real estate.
Section 2. That from and after the passage and publication of this Ordinance, the real
estate and territory described in Section 1 hereof shall be a part of the City of Owasso,
Oklahoma, in Ward One thereof, and all persons residing therein as well as all property situate4,
thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and
ordinances of the City of Owasso, Oklahoma, in all respects and particulars.
Section 3. That there be filed in
the office of the County Clerk of Tulsa County,
Oklahoma, a true and correct copy of this Ordinance, together with an accurate map of the
territory hereby annexed.
APPROVED this 20th day of June,
1995.
Char e's L. Burris, Mayor
ATT r'EST:
Marcia,Boutwell, Cit7T;I--
y Clerk
APPRO'VtD,AS TO FORM:
"F, W
1��ald D Cates, City Attorney
Bill R. Retherford, of lawful age, being duly sworn
and authorized, says that he is the publisher of the
OWASSO REPORTER
newspaper printed in the city of
, a weekly
OWASSO
Tulsa County, Oklahoma, a newspaper qualified to
publish legal notices, advertisements and publications
as provided in Section 106 of Title 25, Oklahoma
Statutes la71 rwnd 1983 as amended, and thereafter,
and complies with all other requirements of the laws
of Oklahomra with reference to legal publications.
That said notice, L 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 following dates:
JULIE 29 ,199 5
before me this ® 79rh
nnNN �
,Tune
5
1199
Notary Public
aaa I Xpires: March
20, 1997
PUBLISHER'S FEE $ 95.25
OKLAHOMA CnT OF OWASSO,
OMVANCE 140. SOS
AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE
CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRI-
TORY IN SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST,
PROVIDING THAT FROM AND AFTER THE PASSAGE AND PUBLI-
CATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPER-
TY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE A
PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER
DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE
SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDI-
NANCES OF THE CITY OF OWASSO, OKLAHOMA, ESTABLISHING
THE SAME AS PART OF WARD ONE OF SAID CITY AND DIRECT-
ING THE FILING OF THIS ORDINANCE.
WHEREAS, pursuant to the provisions of Title 11, Section 21 -103, et
seq., of the Oklahoma Statutes, the City of Owasso is permitted to annex
additional territory provided a petition in writing, signed by not less than
three - fourths of the legal voters and owners of not less than three- fourths
(in value) of the property hereinafter described, the same being contiguous
to the corporate limits of the City of Owasso, requesting that said property
be annexed and added to the City of Owasso is submitted; and
WHEREAS, notice of the presentation of said Petition was given by the
Petitioner by publication in the Owasso Reporter, a newspaper of general
circulation published in the City of Owasso, Oklahoma, and notice was giv-
en that said Petition would be considered by the City Council of the City of
Owasso, at a meeting to be held on June 20, 1995 at 7:00 PM at the Com-
munity Center, Owasso, Okahoma; and
WHEREAS, on the 20th day of June, 1995, said Petition was duty con-
sidered by the City Council and was determined to have compiled with the
provisions of Title 11, Section 21 -103, at seq., of the Oklahoma Statutes,
and further, that proper legal notice of presentation of said petition had
been given; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF OWASSO, OKLAHOMA, TO WIT:
Section 1. That the following described territory lying in Tulsa County,
Oklahoma which is contiguous to the present corporate limits of the City of
Owasso and described in the petition presented to the City Council in
accordance with the provisions of Title 11, Section 21 -103, et seq., of the
Oklahoma Statutes, and more particularly described as follows, to-wit:
A tract of land located In the Southeast Quarter of the Southwest Quarter
(SE/4, SW /4) of Section Eighteen (18), Township Twenty-one (21) North,
Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County,
State of Oklahoma, according to the United States Government Survey
thereof, more particularly described as follows, to-wit:
BEGINNING at a point k)cated 400.00 feet west of the Southeast cor-
ner of said Southeast Quarter, thence S 88 °54'33° West along the
South line of said Section a distance of 750.00 feet; thence North
01 °05'27° West a distance of 20429 feet; thence along a curve to the
right, having a radius of 340.37 feet and a central angle of 41 °30'33°,
a distance of 246.59 feet; the chord of said curve bearing North
19°3949' East a distance of 24123 feet; thence North 40°25'06' East
a distance of 544.92 feet; thence along a curve to the left having a
radius of 480.D0 feet and central angle of 10°18'10° a distance of
86.31 feet, the chord of said curve bearing North 35'1601* East a dis-
tance of 86.20 feet, thence South 59 °53'04' East a distance of 294.96
feet; thence South 01 *05'27° East a distance of 754.52 feet to the
Point of Beginning,
be, and the same is hereby annexed to, made a part of, and added to the
City of Owasso, Oklahoma, and the corporate limits thereof be and are
hereby extended to include the above described territory and red estate.
Section 2. That from and after the passage and publication of this Ordi-
nance, the real estate and territory described in Section 1 hereof shall be a
part of the City of Owasso, Oklahoma, in Ward One thereof, and all persons
residing therein as well as all property situated thereon, shall be and are
hereby declared to be subject to the jurisdiction, control, laws, and ordi-
nances of the City of Owasso, Oklahoma, In all respects and particulars.
Section 3. That there be filed in the office of the County Clerk of Tulsa
County, Oklahoma, a true and correct copy of this Ordinance, together with
an accurate map of the territory hereby annexed.
APPROVED this 20th day of June, 1995.
SEAL
ATTEST:
& Marcia Boutwe8
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
/sr Ronald D. Cates
Ronald D. Cates, City Attorney
/s/ Charles Burris
Charles Burris, Mayor
furl kk • _I 111 10
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: TIMOTHY ROONEY
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: ANNEXATION REQUEST BY OWASSO PUBLIC SCHOOLS
ORDINANCE NO. 509
DATE: June 14, 1995
BACKGROUND
The Owasso Public Schools have submitted to the City of Owasso a petition for annexation of
property totaling approximately 15.83 acres. The subject property is shown on the attached map
and is currently developed with Bailey Elementary School.
The subject property is currently zoned AG (Agricultural) and would remain zoned AG upon
annexation. All property annexed by the City of Owasso is required to be zoned the lowest
zoning classification (AG) until any rezoning request is received and approved by the Planning
Commission and the City Council. A copy of the City of Owasso's annexation policy is attached
for your information and review. If annexation is approved, the subject property would not have
to go through platting requirements of the City of Owasso as their is currently a plat filed.
Staff has two concerns with this annexation request, although they are not necessarily concerns
which would prevent an annexation by the City of Owasso. The first concern would be that of
acceleration /deceleration lanes. Typically, upon annexation, the committee recognizes that these
lanes will be required at the time of development. Because this property is already developed
without the lanes, this request would not have that requirement.
In addition, the Planning Commission also pointed out the need for the city to obtain /annex all
right -of -way for E. 96th Street North. Because the right -of -way from the Golf Course property
was not annexed, and because there is county right -of -way between El Rio Vista and the School
and Mingo Road that was also not annexed, enforcement of vehicle speed is difficult in this area.
This concern will be addressed by staff within the next few months in order to "square" up the
right -of -ways in this area in order to allow for more comprehensive speed enforcement.
Both of these concerns were discussed at length when the annexation request was reviewed by
the Annexation Committee on June 1, 1995 and again by the Planning Commission on June 13,
1995. Both felt that staff should follow through with plans to "square up" the right -of -way prior
to the start of the new school year in order to enhance speed enforcement efforts in this area.
Both groups also recommended approval of the annexation request with the recommendation that
the Planning Commission send a letter to the Owasso School Board discussing the
acceleration /deceleration requirements of the City and that all future annexation requests would
be reviewed for this requirement, regardless of weather or not they were already developed or
not.
Notification of the annexation request was published in the Owasso Reporter on May 25, 1995
to notify the public of the annexation request before the Planning Commission on June 13th.
That notification was followed by notification published two consecutive weeks in the Owasso
Reporter on June 8 and 15, 1995 to notify the public of City Council action regarding the
request. A copy of the procedures for annexation is also attached for your information and
review.
RECOMMENDATION
Staff recommends approval of Ordinance No. 509, approving the annexation request.
ATTACHMENTS:
1. Case map
2. City of Owasso's annexation policy
3. City of Owasso's procedures for annexation
4. Copy of the annexation petition
5. Copy of the legal ad
6. Copy of minutes from Annexation Committee meeting.
7. Copy of letter to Owasso School Board members.
8. Ordinance No. 509.
ANNEXATION POLICY
1. While there is no minimum tract size, properties of larger than
20 acres are preferable.
2. All properties should be contiguous to existing city limits.
3. All properties should be annexed into the city limits as the
lowest zoning classification, that is,- AG, agricultural.
Landowners may then petition for rezoning if -they desire
further development of their - property. All legal uses annexed
into the city will be legal, but non - conforming, which means
that they may continue but cannot be expanded without proper
zoning.
4. All public infrastructures that do not met city standards will
not be improved by the city until brought to the city standard
and accepted by the City Council. Such public facilities must
be improved at owners expense by the establishment of a special
assessment district or some other financing method.
5. Where a'city limit boundary ends at a dedicated street, the
boundary will not include the street right -of -way. This policy
will establish consistence and allow city employees and
citizens to know where the city boundaries are.
6. Properties that are rejected for annexation should not be
considered for annexation .for a six month period after
rejection by the City Council.
Adopted by Council on March 1', 1988.
CITY COUNCIL SPONSORED ANNEXATION:
1. City Council direction to study the annexation of property.
2. Notice published two consecutive weeks in the Owasso Reporter of a•
Planning Commission Hearing which will include a map and text of the
Proposed annexation.
3. Review by a Standing Annexation Committee and recommendation to the
Planning Commission and City Council.
4. Planning Commission Hearing on the proposal and recommendation to
the City Council.
5_ Notice published two consecutive weeks in the Owasso Reporter of a
City Council Hearing which will include a map and text of the
proposed annexation.'
6. City Council hearing and action on the proposal.
7. If the proposal is approved by the City Council, an Ordinance will
be prepared, approved, published, and filed of record 'with the
office of the County Clerk, with a map of the property annexed.
CITIZEN SPONSORED ANNEXATION:
1. Submission to the City Planner of an application and petition and an
administrative fee as prescribed by Ordinance.
2. Review by a Standing Annexation Committee and recommendation to the
Planning Commission and City Council.
3. Notice published ' once in the Owasso Reporter at the applicant's
expense of a Planning Commission Hearing which will include a map
and text of the proposed annexation.
4. Planning Commission Hearing on the proposal and recommendation to
the City Council.
5_ Notice published two consecutive weeks in the Owasso Reporter at the
applicant's expense of a City Council Hearing which will include a
map and text of the proposed annexation.
6. City Council Hearing and action on the proposal.
7_ If the proposal is approved by the City Council, an Ordinance will
be prepared, approved, published, and filed of record with the
office of the County Clerk, with a map of the property annexed.
BEFORE THE HONORABLE
CITY COUNCIL OF
THE CITY OF OWASSO, OKLAHOMA
PETITION FOR ANNEXATION
The undersigned, constituting not less than three- fourths of the registered voters and being
owners of not less than three- fourths (in value) of the hereinafter described real estate situated
in Tulsa County, Oklahoma, to -wit:
A tract of land located in the Southeast Quarter of the Southwest Quarter (SE/4, SW/4) of
Section Eighteen (18), Township Twenty-one (21) North, Range Fourteen (14) East of the Indian
Base and Meridian, Tulsa County, State of Oklahoma, according to the United States
Government Survey thereof, more particularly described as follows, to -wit:
BEGINNING at a point located 400.00 feet west of the Southeast corner of said Southeast
Quarter; thence S 88 °54'33" West along the South line of said Section a distance of 750.00 feet;
thence North 01 005'27" West a distance of 204.29 feet; thence along a curve to the right, having
a radius of 340.37 feet and a central angle of 41 °30'33 ", a distance of 246.59 feet; the chord
of said curve bearing North 19 039'49" East a distance of 241.23 feet; thence North 40 025'06"
East a distance of 544.92 feet; thence along a curve to the left having a radius of 480.00 feet
and central angle of 10'18'10" a distance of 86.31 feet, the chord of said curve bearing North
35 °16'01" East a distance of 86.20 feet; thence South 59 °53'04" East a distance of 294.96 feet;
thence South 01 *05'27" East a distance of 754.52 feet to the Point of Beginning.
being territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not
presently embraced within the Limits thereof, hereby petition the City Council of the City of
Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City.
Dated this 8th day of May 1995.
Owner(s):<G� --
Independent School District No. 11
of Tulsa County, Oklahoma
1501 N. Ash
Owasso, OK 74055
Affidavit Of Publication
STA'T'E Or OKLAHOMA, TULSA COUNTY, ss:
Bill R. Retherford, or lnwrul age, being duly sworn
and authorized, says that he is the publisher of the
newspaper printed in the city of
'fulsu County, Oklahoma, a newspaper qualified to
publish legal notices, adverLisemenls and publications
as provided in Section IOG of Title 25, Oklahoma
Statutes 1971 and 19139 as amended, and thereafter,
and complies with nil other requirements of the laws
of Oklahoma with reference to legal publications.
That said notice, it 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 it supplement, on the following dates:
MAY 25 ,199 5
Aoa
--
les
Subscribed and sworn to before me this 15th
Aly Commission expires: March 20, 1957 _
PURLISHER'S FEE $ 10II_37_ _
PubllAedh the Owrto RMrortar. Owau0 ulsaCoumy. OH.htlt May.
25, IN&
ITEFORE THE HONORABLE
- CITY COUML OF
THE CRY OF OWASSO, oKLANOIAA
PETITION FOR ANNEXATION
The undenigmd. ouneSWllng not lu than lhre 1wrth, lli l•
tared vole"' em being owner' d mt Im than Ihrea- to,nh' (ld value of
the mretmftW Jeerxbed reel e61111e'buNed In Tula CW nty, Oklemrm,
town:
AVagdiandbwad fn the Soulhea't OUerlerddia S.en�.- n...... �
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MEMBERS PRESENT
Robert Carr
Doug Groves
Rodney Ray
Dan Salts
Charles Willey
OWASSO ANNEXATION COMMITTEE
MINUTES OF SPECIAL MEETING
Thursday, June 1, 1995, 5:00 PM
Owasso City Hall Conference Room
207 S. Cedar, Owasso, Oklahoma
MEMBERS ABSENT
Ron Cates
Dale Johnson
Bob Allen
Jerry Duke
Joe Ramey
Maria Alexander
Ray Haynes
STAFF PRESENT
Timothy Rooney
The agenda for the meeting was posted in the Owasso City Hall, 207 S. Cedar, on May 30,
1995 at 3:00 PM.
1. CALL TO ORDER - Mr. Rooney called the meeting to order at 5:01 PM.
2. CONSIDER APPROVAL OF THE MINUTES OF APRIL 27, 1995 - Charles Willey
motioned, seconded by Robert Carr, to approve the minutes. Motion carried 5 -0.
ANNEXATION REVIEW
3. Owasso Public Schools - An approximate 15.83 acre tract located West of El Rio Vista
Addition and North of Bailey Ranch Golf Course on E. 96th Street North, described as
a portion of the Southwest Quarter (SW /4) of Section 18, Township 21 North, Range 14
East of the Indian base and Meridian, Tulsa County, Oklahoma. The subject property
contains Bailey Elementary School.
Mr. Rooney presented the annexation item. It was explained that the property is
currently zoned AG (Agriculture) and would remain zoned AG until any formal rezoning
was received by the city.
The property has already been developed, and Mr. Rooney pointed out two concerns
regarding this factor. The first being that of acceleration /deceleration lanes. Typically,
upon annexation, the committee recognizes that these lanes will be required upon
development. Because this property is already developed, this request would not contain
this requirement.
Also, right -of -way concern and the enforcement of the speed limits along E. 96th Street
North were discussed. Staff stated its hope in addressing this issue within the next
several months in order to "shore up" the right -of -way in this area to allow for easier,
more complete enforcement by the Police Department.
The Committee felt that a letter should be sent to the Owasso School Board, however,
stating the importance of acceleration /deceleration lanes along arterial streets in Owasso,
that these are now a requirement in Owasso, and that future requests from annexation
applicants would be expected to comply with this requirement.
Rodney Ray motioned, seconded by Charles Willey, to recommend approval of the
annexation request with the inclusion of the above item. Motion carried 5 -0.
4. ADJOURNMENT - Rodney Ray moved, seconded by Dan Salts for adjournment. The
meeting was adjourned at 5:31 PM.
City of Owasso
207 South Cedar
PO Box 180
Owasso, OK 74055
June 14, 1995
The Owasso School Board
1501 N. Ash
Owasso, OK 74055
RE: Annexation Request
Bailey Elementary School
Dear Sirs,
(918) 272 -2251
FAX (918) 272 -4999
The City of Owasso Planning Commission reviewed a request on behalf of the Owasso Public
Schools for annexation of the Bailey Elementary School property on June 13, 1995. During that
public hearing, one concern was discussed at length regarding the annexation request.
Currently, the City of Owasso Subdivision Regulation Lequi re the construction of
acceleration /deceleration lanes at the time of development for all proposed entrances and /or exits
on arterial streets. Since the adoption of the Subdivision Regulations in October of 1994, all
requests for annexation have included the acceleration /deceleration lane requirements at the time
of development when the request is abutting an arterial street. Because the Bailey Elementary
School was not previously within the city limits, and because this is a relatively new
requirement, the Planning Commission did not feel it would be appropriate to require the
acceleration /deceleration lanes at this time.
The purpose of this letter is to inform you that the Planning Commission will review any future
annexation requests from the Owasso Public Schools for the inclusion of
acceleration /deceleration lanes, regardless as to whether or not the property is developed at the
time of the request. Traffic movement in and around the Owasso schools is of great importance
to the Commission and cannot recommend the acceptance of future annexation requests without
this requirement.
If you have any questions, or if we can be of additional assistance to you, please do not hesitate
to contact any of our members.
Sincerely,
..'e4
Ray ynes, Ch rperson
Gary Wells, Secretary
O , Vice Chairp so
Brown a ode —