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HomeMy WebLinkAbout632_Annexation_80 Acres_N of E 106th St N_E of Mingo & S of Owasso Sports ParkClerK - JOAN HASTINGS Doc# 00024542 Pgs 3 B/F 6337/0545 -0547 Receipt # 427340 03/10/00 14:21:38 Fee 12.00 000427340004 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 632 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN TULSA COUNTY, 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, 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 that the governing body receives written consent from the owners of at least a majority of the acres to be annexed;and WHEREAS, the Owasso Land Trust, L.L.C. has requested the annexation of additional territory, and the City of Owasso has received said written consent to annex additional territory, the same being contiguous to the corporate limits of the City of Owasso; and WHEREAS, notice of the presentation of said annexation request was given by publication in the Owasso Reporter, a newspaper of general circulation published in the City of Owasso, Oklahoma, and notice was given that said annexation request would be considered by the City Council of the City of Owasso, at a meeting to be held on February 15, 2000 at 6:30 PM at the Community Center, Owasso, Oklahoma; and WHEREAS, on the 15th day of February, 2000, said consent 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 annexation request 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: THE EAST ONE HALF OF THE SOUTHWEST QUARTER (E/2 SW/4) OF SECTION SEVEN (7), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA. 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, 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 from and after the passage and publication of this Ordinance, the real estate and territory described in Section 1 hereof, shall be deemed to be in the AG (Agriculture) zoning district of the City of Owasso in accordance with the provisions of Section 110.3 of the Owasso Zoning Ordinance. 1 Section 4. 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 7th day of March, 2000. Mark Wilken, Mayor ATTEST AS TO FORM: D. Cates, City Attorney affidavit of Publication Owasso Reporter 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: My Commission expires: Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, March 16, 2000. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 632 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRI- TORY IN TULSA COUNTY, 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, OKLA- HOMA, AND FURTHER DECLARING THAT ALL PERSONS RESID- ING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CON- TROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, 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 that the governing body receives written consent from the owners of at least a majority of the acres to be annexed; and WHEREAS, the Owasso Land Trust, L.L.C. has requested the annexa- tion of additional territory, and the City of Owasso has received said written consent to annex additional territory, the same being contigu- ous to the corporate limits of the City of Owasso; and WHEREAS, notice of the presentation of said annexation request was given by publication in the Owasso Reporter, a newspaper of general circulation published in the City of Owasso, Oklahoma, and notice was given that said annexation request would be considered by the City Council of the City of Owasso, at a meeting to be held on February 15, 2000 at 6:30 PM at the Community Center, Owasso, Oklahoma; and WHEREAS, on the 15th day of February, 2000, said consent 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 Okla- homa Municipal Code, and further, that proper legal notice of presen- tation 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 annexation request presented to the City Council in accordance with the provisions of Title 1 1, Section 2 1 -1 03, et seq., of the Oklahoma Statutes, and more particularly described as follows, to -wit: THE EAST ONE HALF OF THE SOUTHWEST QUARTER (E/2 SW /4) OF SECTION SEVEN (7), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDI- AN, TULSA COUNTY, STATE OF OKLAHOMA. 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, and all persons resid- ing 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 from and after the passage and publication of this Ordinance, the real estate and territory described in Section 1 hereof, shall be deemed to be in the AG (Agriculture) zoning district of the City of Owasso in accordance with the provisions of Section 110.3 of the Owasso Zoning Ordinance. Section 4. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct Dopy of this Ordinance, together with an accurate map of the territory hereby annexed. PASSED AND APPROVED this 7th day of March, 2000 (SEAL) ATTEST: /s/ Marcia Boutwell Marcia Boutwell, City Clerk APPROVED AS TO FORM: /s/ Ronald D. Cates Ronald D. Cates, City Attorney /s/ Mark Wilken Mark Wilken, Mayor MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER SUBJECT: ANNEXATION REQUEST BY OWASSO LAND TRUST, L.L.C. MCMAHAN ORDINANCE NO. 632 DATE: February 29, 2000 BACKGROUND At the February 15, 2000 meeting, the Owasso City Council unanimously approved a request for annexation of property within Section 7, Township 21 North, Range 14 East. The subject property consists of an 80 acre tract located on the north side of E 106'b Street N, east of Mingo Road (N 97`h E Avenue). A case map is attached for your information and review. As reported to you previously, the subject property's zoning will become AG (Agriculture) upon annexation. Attached is a copy of Ordinance No. 632 which formally adopts the City Council's actions on February 15, 2000. RECOMMENDATION: Staff recommends approval of Ordinance No. 632. ATTACHMENTS: 1. Location Map, 2. Ordinance No. 632. TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER SUBJECT: ANNEXATION REQUEST DAVID CHARNEY — McA AHON DATE: February 9, 2000 BACKGROUND David Charney has requested the annexation of an 80 acre tract located on the north side of E 106'h Street N, east of Mingo Road (N 97'' E Avenue). The subject property is described as the E/2 SW /4 of Section 7, T -21 -N, R -14 -E. The subject property abuts the existing City Limits on the E 106th Street N (south) side. Opposite E 106th N, the Lakes at Bailey Ranch, a large planned unit development. The subject property is undeveloped and presently zoned AG (Agriculture) in Tulsa County. Upon annexation, the subject property will be given the City of Owasso AG designation. To the west of the subject property, an existing rural residence is located approximately '/a mile north of E 106th Street N on a deep, but narrow tract. To the north of the subject property is the Owasso Sports Park. To the east of the subject property is approximately 10 acres of additional undeveloped land. Meadowcrest subdivision is also located approximately 1/8 mile to the east of the subject property. The development of this tract will most likely be in conjunction with the development of the Lakes PUD to the south of E 106'e Street N. It is most likely that sewer collection for the subject property will be interconnected in some fashion with the system that is developed at the Lakes. This property lies within the 1981 court settlement boundary and, although it is a portion of the Rural Washington Water District #3, it can also be served by OPWA. So long as the developer pays $50 per tap to the Rural Water District, provision of water by the City of Owasso is possible. As noted in previous annexation cases, it is prudent to discuss the feasibility of providing water and sewer to the subject property. However, since development plans have not been prepared, the discussion of these critical facilities remains somewhat abstract. Nevertheless, it appears that there will be multiple options for providing adequate water and sewer service to the subject property. The developer will ultimately need to provide an adequate alternative during later stages of the development. Notification of the annexation request was published in the Owasso Reporter on January 20, 2000 H: \theron_warlick\ Owasso\ Annexations \2- 7- 00\1\4cMahan \Counci1 MEMORANDUM - McMahon.doc to notify the public of the annexation request before the Planning Commission meeting on February 8, 2000. This will be followed by notification published two consecutive weeks in the Owasso Reporter on January 27, 2000 and February 3, 2000 to notify the public of possible City Council action regarding the request on February 15, 2000. In addition to the annexation policy and procedures, a copy of the rural water district settlement are attached for your information and review. The Owasso Annexation Committee reviewed the proposed annexation request at their February 7, 2000 special meeting. The Owasso Planning Commission also recommended approval at their February 8, 2000 regular meeting. RECOMMENDATION Staff recommends approval of the proposed annexation request. ATTACHMENTS 1. Aerial of SWA Sec 7 T -21 -N, R -14 -E, 2. View of Subject property, 3. Subject Map, 4. City of Owasso's Annexation Policy, 5. City of Owasso Annexation Procedures, 6. 1981 Water Court Settlement, 7. Copy of the Annexation Advertisements. H: \theron_warlick\ Owasso \Annexations \2- 7- 00\McMahan \Council MEMORANDUM - McMahon.doc Figure 2 McMahon Property from SE corner. H:\theron—warlick\Owasso\Annexations\2-7-00\McMahan\CounciI MEMORANDUM - McMahon.doc Figure 2 McMahon Property from SE corner. H: \theron_warlick\ Owasso \Annexations \2- 7- 00\McMahan \Council MEMORANDUM - McMahon.doc 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 the owner of not less than three - fourths (in value) of the hereinafter described real estate situated in Tulsa County, Oklahoma, to wit: The East One Half of the Southwest Quarter (E /2 SW /4) of Section Seven (7), Township Twenty -one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma; being territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently embraced within the Limits thereof, hereby petitions the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. Dated this 12th day of January, 2000. Z \299 \OLT OWASSO LAND TRUST, L.L.C. David E. Charney, Manager 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. 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. 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. �W :1 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_ IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA RURAL WATER DISTRICT t3, ) Washington County, Oklahoma, United Stl+te, Di str. : . nt Court ) 99 I Plaintiff, Northern)District of ekl ;+1:0M0) Jack C. Silver, ;OWASSO UTILITIES AUTHORITY, ITS BOARD OF TRUSTEES, Consisting of ) By JERRALD HOLT, Chairman, ) Deputy BILL WILLIAMS, Vice Chairman, ) BOYD SPENCER, Secretary, and' t V. D. DUNCAN, Treasurer, ) Defendants, FARMER'S HOME ADMINISTRATION, United States Department of Agriculture, United States of America, Defendant, BUFORD WILLIAMS and. HELEN WILLIAMSi Intervenors No. 77= C -99 -E Flog 9991. PT- Jack C. Silver, Clerk U. S. DISTRICT COURT SETTLEMENT AGREEMENT This 'agreement entered into this 14th day of January, 10481 by and between rural Water District No. 3, Washington County, hereinafter referred to as RWD 43, and ' Owasso Public Works Authority hereinafter referred to as OPWA Whereas the parties hereto have been involved in in the above entitled cause and wish to settle ,their differences and make agreements that will he binding on each of the parties hereto. The parties hereto agree to be bound as follows: 1. Each of the parties recognize that Farmers Rome DEC -27 -93 WED 04:10 PM OWASSO PVBLIC WORKS 910 272 4996 P.03 Administration must give its approval to this agreement and it is understood between the parties that the United States District Attorney by and through its Assistant District Attorney, Ken Spoke, has informed the parties and the Court "that Farmers Home Administration has agreed to the settle - Ilment as hereinafter set out. 2. The parties have agreed that the shaded area in Exhibit °A" which is attached hereto and made a part hereof defines the area within Rural Water District No. 3 that can be served by OPWA. In addition, it, is agreed that Opcun can serve the subdivisions and additions to the town of Owasso, Oklahoma known as Meadowcrest, Hillside, Northdale, Steeq, Westport I and Land II and Hale Acres I and I1 subdivisions without further authority from RWD #3. RWD #3has agreed that no charges will be made to any persons for permission to hook onto OP4A water system in the above enumerated subdivisions. 3. The parties being advised by the Court, it was the opinion of the Court that charges for water taps payable to RWD 03 should be collected by RWD 13 and upon presentment of the receipt for payment thereof, OPWA would then have the authority to sell its own water tap and install a water tap within the shaded area at the location described on the tap receipt obtained from RWD #3. - 4. The parties have further agreed that in the event there are any water lines or improvementa within the area herein granted OPWA, that OPWA will negotiate with RWD #3 for 'the purchase of said lines or improvements taking into consid- eration only the cost thereof less depreciation. The parties have further agreed that any persons now served by RWD #3 may continue to purchase water from RWD #3 until such time as opWA takes title to said lines by paying RWD #3 therefor. 5. The parties have further agreed that RWD #3 would charge persons desirous of purchasing a water tap from opWA the sum of $50.00 for each tap requested not to exceed it $200.00 per acre. In consideration of payment thereof, opwA would have the right to sell water to said persons with no further liability on behalf of said persons; firms or cor- porations or OPWA. 6. IT IS FURTHER AGREED that within the territory granted in Paragraph 2, supra, that there is no objection on the part of oPWA to the RWb #3 serving a territory with one tap for 21/2 acres or more if a developer or owner requested ,,ser"service from RWb #3 rather OPWA. It is understood however vice OPWA is not obligated to furnish any city services or i1sewer service to property connected to WD #3 water system rather than the OPWA water system. 7. RWD 03 is to be paid $50.00 for each tap already Place in E1 Rio vista subdivision but OPWA shall not be irresponsible for the collection thereof. It is further agreed that the parties will attempt to negotiate and interchange for purpose of supplying water to each other on an emergency basis. 9. it is further agreed that an original of the settlement agreement shall be filed in the above captioned case. 10. For purposes of clarifying Y 9 portions of the Fast Land West b area _oundarieeof - the granted OPWA and as defined Paragr..oh~2, supra, it. is understood that the East boun dary of the territory granted lying between 96th Street North and 116th Street North is a NO th and South and being 1320 feet in width as measured from the East boundary of U.S. further clarification Highway 169, For purpose of all that portion of Section 13 lying East of the Santa Fe Railroad right -a -way is allocated in the area to OPWA as contemplated in this agreement. WITNESS OUR HANDS THIS 14th Day OF JANUARY, 1961. CITY OF OWASSO Spencer, Mayor RURAL WATER DISTRICT NO.3 Please publish the following legal advertisement in the January 20, 2000 edition of the Owasso Reporter. Please send Proof of Publication to: City of Owasso ATTN: Theron Warlick PO Box 180 Owasso, OK 74055 Please bill publication costs to: David Chamey 200 Cedar Center PO Box 240 Owasso, OK 74055 RE: McMahan 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: THE EAST ONE HALF OF THE SOUTHWEST QUARTER (E /2 SW /4) OF SECTION SEVEN (7), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA. OWASSO LAND TRUST, L.L.C. BY DAVID E. CHARNEY 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 12a' day of January, 2000, and that said request will be presented to the Owasso Planning Commission, at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 7:00 PM on the 8" day of February, 2000. 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 13°i day of January, 2000. Theron Warlick City Planner Please publish the following legal advertisement in the January 27 and February 3, 2000 editions of the Owasso Reporter. Please send Proof of Publication to: City of Owasso ATIN: Theron Warlick PO Box 180 Owasso, OK 74055 Please bill publication costs to: David Chaney 200 Cedar Center PO Box 240 Owasso, OK 74055 RE: McMahan 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: THE EAST ONE HALF OF THE SOUTHWEST QUARTER (E /2 SW /4) OF SECTION SEVEN (7), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA. OWASSO LAND TRUST, L.L.C. BY DAVID E. CHARNEY 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 12" day of January, 2000, 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 15 °i day of February, 2000. All persons interested in this matter may be present at the hearing and give their objections to or arguments for the proposal. The Owasso City Council will consider and act on the annexation request 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 13" day of January, 2000. Theron Warlick City Planner