Loading...
HomeMy WebLinkAbout607_Annexation_4.72 Acres West of N 129th E Ave & N of E 96th St NTULSA COUNTS/ CLERK - JOAN HASTINGS RCPT 348527 04/12/99 09:49:04 DOC # 99041633 FEE 12.00 PGS 3 B/P 6199/0037 -0039 CITY OF OWASSO, OKLAHOMA ORDINANCE NO 607 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN SECTION 17, TOWNSHIP 21 NORTH, RANGE 14 EAST, PROVIDING THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY 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 ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, ESTABLISHING THE SAME AS PART OF WARD ONE OF SAID CITY AND DIRECTING 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 providing 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 given that said Petition would be considered by the City Council of the City of Owasso, at a meeting to be held on March 16, 1999 at 6:30 PM at the Community Center, Owasso, Oklahoma; and WHEREAS, on the 166' of March, 1999, 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 Municipal Code, 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. 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: PART OF THE E/2 E/2 SECTION 17, TN21N, R14E, BEGINNING AT THE SOUTHEAST CORNER (SE/C) OF THE NORTHEAST QUARTER, THENCE NORTH 9.80 FEET, WEST 688.16 FEET, SOUTH 326.39 FEET, EAST 688.45 FEET, NORTH 296.8 FEET TO A POINT OF BEGINNING, LESS .17 ACRE FOR ROAD ON THE EAST BOUNDARY THEREOF, 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. M 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, and in Ward One thereof, and all persons residing therein, and all property situated 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. PASSED AND APPROVED this 6th day of April, 1999. Marc City AS TO FORM: D Cates, City Attorney Denise Bode, Affidavilt Of Publication O ASSO REPORTER STATE OF OKLAHOMA, TULSA COUNTYss: Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is the publisher of the Owasso Reporter, a weekly newspaper published in the City of Owasso, Tulsa County, Oklahoma, a news- paper qualified to publish legal notices, advertise- ments and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1983 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 following dates: April 15th 199 9 n Subscribed and sworn to before me this s a- day of ,199 a ~ il w Notary Pub'_'_c My Commission expires: PUBLISHER'S FEE $ Rn Published in the Owasso Reporter, Owasso, Tulsa County, Okla- homa, April 15, 1999. CITY OF OWASSO, O OAIA ORDINANCE NO. 607 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITO- RY IN SECTION 17, TOWNSHIP 21 NORTH, RANGE 14 EAST, PRO- VIDING THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY 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 ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, ESTABLISHING THE SAME AS PART OF WARD ONE OF SAID CITY AND DIRECTING THE FILING OF THIS ORDINANCE. WHEREAS, pursuant to the provisions of Title 11, Section 21-103, at seq., of the Oklahoma Statutes, the City of Owasso is permitted to annex additional territory providing 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 contigu- ous 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 given that said Petition would be considered by the City Council of the City of Owasso, at a meeting to be held on March 16, 1999 at 6:30 PM at the Community Center, Owasso, Oklahoma; and WHEREAS, on the 16 of March, 1999, said Petition was duly considered by the City Council and was determined to have complied with the provi- sions of Title 11, Section 21-103, et seq., of the Oklahoma Municipal Code, 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. 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 2 1-103, et seq., of the Oklahoma Statutes, and more particularly described as follows, to-wit: PART OF THE E/2 E/2 SECTION 17, TN21N, R14E, BEGINNING AT THE SOUTHEAST CORNER (SE/C) OF THE NORTHEAST QUARTER, THENCE NORTH 9.80 FEET, WEST 688.16 FEET, SOUTH 326.39 FEET, EAST 688.45 FEET, NORTH 296.8 FEET TO A POINT OF BEGINNING, LESS.17 ACRE FOR ROAD ON THE EAST BOUNDARY THEREOF, 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 Ordi- nance, the real estate and territory described in Section I hereof shall be a part of the City of Owasso, Oklahoma, and in Ward One thereof, and all persons residing therein, and all property situated 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 particu- lars. 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. PASSED AND APPROVED this 6th day of April, 1999. CITY OF OWASSO, OKLAHOMA /s/ Denise Bode Denise Bode, Mayor ATTEST: /s/ Marcia Boutwell Marcia Boutwell, City Clerk APPROVED AS TO FORM: /s/ Ronald D Cates Ronald D. Cates, City Attorney TO: FROM: SUBJECT: DATE: BACKGROUND: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO THERON WARLICK CITY PLANNER ORDINANCE NO. 607 March 22, 1999 At the March 16, 1999 meeting, the Owasso City Council approved a request to annex property located within the Southeast Quarter of Section 17, Township 21 North, Range 14 East. The subject property is unplatted land generally located north of E 96"' Street N on the west side of N 129`s E Avenue containing 4.72 acres, more or less. Attached is a copy of Ordinance No. 607 which formally adopts the City Council's action of March 16, 1999, thus establishing the annexation. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 607. ATTACHMENTS: 1. Ordinance No. 607 2. Subject Map Fol n� ,u MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER SUBJECT: ANNEXATION REQUEST TERRY AND COLLEEN MCGILL DATE: March 10, 1999 BACKGROUND Terry and Colleen McGill have submitted a petition to the City of Owasso requesting annexation of property totaling approximately 4.72 acres, located in the east half of the east half (E /2 E /2) of Section 17, T -21 -N, R -14 -E, Tulsa County, Oklahoma. The subject properly is located on the west side N 129' E Avenue, north of E 96'" Street N. The subject property is surrounded on three sides by portions of the Johnson property, a large assemblage of undeveloped tracts that has been rezoned for a variety of uses including commercial, office, single - family residential, and multi- family residential. The portions of the Johnson tract to the north and west of the subject property are zoned RE (Residential Estate District), which permits the development of single - family housing on lots of %z acre or larger. The RE zoned areas will serve as a buffer between higher intensity uses and neighboring estate lots located in unincorporated Tulsa County to the northwest of the subject property. Another estate lot addition, Glen -Mur, is located to the east of the subject property. To the south of the subject property is a portion of the Johnson tract zoned OL (Light Office District). The subject property is zoned AG (Agriculture) in Tulsa County and would also be zoned AG (Agriculture) upon annexation into the City of Owasso. The Owasso Annexation Committee recommended Annexation at its March 1, 1999 special meeting, The Owasso Planning Commission also recommended approval at its March 9, 1999 meeting. If City Council approves the annexation request, the property must then satisfy City zoning, planning, and subdivision requirements prior to any development. The site lies in the service area of Washington County Rural Water District #3, and it is likely that the Water District will provide water service to the subject property instead of the City. Wastewater service can be provided through an existing line located on the south side of E 9611 Street N. The subject property will probably derive access via N 129`' E Avenue, which should provide adequate means of ingress/egress for the subject site. Owasso annexation policy states that tracts 20 acres or larger are preferred. However, the proposed C:\ Owasso \Council \03- 16- 99\MEMORANDUM - McGill Annexation.doc 4.72 acre tract is surrounded on three sides by the City, and the proposal presents an excellent opportunity to infill an area and avoid another "out -of -city" pocket. A copy of the City of Owasso's annexation policy is attached for your information and review. Notification of the annexation request was published in the Owasso Reporter on February 18, 1999 to notify the public of the annexation request before the Planning Commission meeting on March 9, 1999. This advertisement was followed by notification published two consecutive weeks in the Owasso Reporter on March 4 and March 11, 1999 to notify the public of possible City Council action regarding the request on March 16, 1999. In addition to the annexation policy, a copy of the procedures for annexation is also attached for your information and review. RECOMMENDATION Staff recommends approval of the proposed annexation request. ATTACHMENTS 1. Subject Map, 2. City of Owasso's Annexation Policy, 3. City of Owasso Annexation Procedures, 4. Water District Boundary Map, 5. Copy of the Annexation Advertisement. C: \Owasso \Council \03- 16- 99\MEMORANDUM - McGill Annexation.doc ANNEXATION POLICY 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. 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,l published, and filed of record with the office of the County Clerk, with a map of the property annexed. Adopted by City Council on March 1, 1988_ 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: Part of the E/2 E/2 Section 17, TN21N, R14E, beginning At the Southeast corner (SE /C) of the Northeast Quarter, Thence North 9.80 feet, West 688.16 feet, South 326.39 Feet, East 688.45 feet, North 296.8 feet to point of beginning, Less .17 acre for road on East boundary thereof. 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 c day of January, 1999. Terry McGill Colleen McGill Owners: Terry McGill Colleen McGill DISTRICT ROGERS coumry NORTH WATER DISTRICTS CITY OF OWASSO, OKLAHOMA PUBLIC WORKS DEPARMENT ENGINEERING DIVISION Please publish the following legal advertisement in the March 4,1999 and March 11, 1999 editions of the Owasso Reporter. Please send Proof of Publication to: City of Owasso ATTN: Theron Warlick P.O. Box 180 Owasso, OK 74055 Please bill publication costs to: Terry & Colleen McGill C/O Pat Winsby Keller Williams Realty 7702 Owasso Expressway Owasso, OK 74055 RE: McGill Annexation BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA PROPERTY FOR ANNEXATION CONSIDERATION 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: Part of the E/2 E/2 Section 17, TN21N, R14E, beginning At the Southeast corner (SE /C) of the Northeast Quarter, Thence North 9.80 feet, West 688.16 feet, South 326.39 feet, East 688.45 feet, North 296.8 feet to a point of beginning, less .17 acre for road on the East boundary thereof, being territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently embraced within the Limits thereof, hereby consent to the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. Dated this 20`h day of January 1999. Owner(s): Terry McGill Colleen McGill NOTICE TO THE PUBLIC You are hereby advised that the above request for annexation was filed with the City Planner of the City of Owasso on the 20' day of January, 1999, and that said request will be presented to the Owasso City Council, at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 6:30 PM on the 16'h day of March, 1999. All persons interested in this matter may be present at the hearing and give their objections to or arguments for the proposal. The Planning Commission will submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. See the attached map for property location. For more information on the proposed annexation contact the Community Development Department, City Hall, 207 S. Cedar, Owasso, Oklahoma, 74055 or phone (918) 272 -2251. Dated at Owasso, Oklahoma, this 12d' day of February, 1999. Theron Warlick City Plannner