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HomeMy WebLinkAbout716_Annexation_1.019 Acres W of SKO Building N 76 StTulsa County Clerk - EARLENE WILSON Doc # 02116679 Pgs 3 B/P 6525/1221-1223 Receipt# 607869 09/17/02 Fee 17.00 000607869006 CITY OF OWASSO, OKLAHOMA ORDINANCE NO 716 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN SECTION 30, TOWNSHIP 21 NORTH, RANGE 14 EAST, PROVIDED THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINAINCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKALHOMA, 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 FOUR OF SAID CITY AND DIRECTING THE FILING OF THIS ORDINAICE. 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 b not less sthan three-fourths of the legal voters and owners of not less thank 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 August 20, 2002 at 6:30 PM at the Community Center, Owasso, Oklahoma; and WHEREAS, on the 20th day of August, 2002, 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, 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 SITUATED IN THE SOUTHWEST QUERTER (SW/4) OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOME, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT. BEGINNING AT THE SOUTHWEST CORNER OF THE AMENDED PLAT OF ATCHISON, TOPEKA, AND SANTA FE, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, THENCE N 89°59'14" W FOR 148.00 FEET, THENCE N 00°07'56" W FOR 300.00 FEET, THENCE S 89°59'14" E FOR 148.00 FEET. THENCE N 00°07'56" E AND ALONG THE WEST LINE OF SAID "AMENDED PLAT OF ATCHISON, TOPEKA, AND SANTA FE" FOR 300.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 1.019 ACRES, MORE OR LESS, 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 in Ward Four 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 3rd day of September, 2002. Randall C. Progdon, Mayor ATTEST: Marcia Boutwell, City Clerk OFFICIAL Attorney Ord. #716 - Page 2 Affidavit Of Publication OASSO REPORTER STATE OF OKLAHOMA, TULSA COMITY, ss: Pill 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 1933 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: Stembe, Subscribed and sworn to before me this 13th dayof September My Commission expires: PUBLISHER'S FEE $ 1 5 4 ®5 5 Published in the Owasso Reporter Owasso, Tulsa County, Oklahoma, Septem- ber-12,2002. CITY OF OWASSO, OKLAHOMA ORDINANCE NO 716 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITION- AL LANDS AND TERRI- TORY IN SECTION 30, TOWNSHIP 21 NORTH, RANGE 14 EAST, PRO- VIDED THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECL,-,R- ING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, ESTAB- LISHING THE SAME AS PART OF WARD FOUR 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 Okla- homa 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 val- ue) of the property hereinafter described, the same being con- tiguous to the corporate limits of the City of OWasso, request- ing that said property be annexed and added to the City of Owasso is submitted; and WHEREAS, notice of the pre- sentation of said Petition was given by the Petitioner by publi- cation in the Owasso Reporter, a newspaper of general circula- tion 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 August 20, 2002 at 6:30 PM at the Community Center, Owasso, Oklahoma; and WHEREAS, on the 20th day of August, 2002, 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 Okla- homa Statutes, and further, that proper legal notice of presenta- tion of said petition had been given; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 cor- porate 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 Okla- homa Statutes, and more par- ticularly described as follows, to-wit: A TRACT OF LAND SITUATED IN THE SOUTHWEST QUAR- TER (SW/4) OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLA- HOMA, BEING MORE PARTIC- ULARLY DESCRIBED AS FOL- LOWS, TO WIT: BEGINNING AT THE SOUTH- WEST CORNER OF THE AMENDED PLAT OF ATCHI- SON, TOPEKA, AND SANTA FE, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. THENCE N 89°59'14" W FOR 148.00 FEET, THENCE N 00°07'56" W FOR 300.00 FEET, THENCE S 89°59'14" E FOR 148.00 FEET, THENCE S 00°07'56" E AND ALONG THE WEST LINE OF SAID "AMENDED PLAT OF ATCHI- SON, TOPEKA, AND SANTA FE" FOR 300.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 1.019 ACRES, MORE OR LESS, be, and the same is hereby annexed to, made a part of, and added to the City of Owas- so, Oklahoma, and the corpo- rate 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 Sec- tion 1 hereof shall be a part of the City of Owasso, Oklahoma, and in Ward Four thereof, and all persons residing therein, and all property situated there- on, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of Owas- so, 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 Ordi- nance, together with a accurate map of the territory hereby annexed. PASSED AND APPROVED this 3rd day of September, 2002. /s/ Randall C Brogdon Randall C. Brogdon, Mayor ATTEST: /s/ Marcia Boutwell Marcia Boutwell, City Clerk APPROVED AS TO FORM: /s/ Ronald D. Cates Attorney TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY ASSISTANT CITY MANAGER SUBJECT: ANNEXATION REQUEST BY THE OWASSO SERTOMA CLUB PORTION OF THE SOUTHWEST QUARTER OF SECTION 30 DATE: August 12, 2002 BACKGROUND The Owasso Sertoma Club has submitted to the City of Owasso a petition for annexation of their property totaling approximately 1.019 acres, more or less. The subject property is described as a portion of the Southwest Quarter of Section 30, Township 21 North, Range 14 East, Tulsa County Oklahoma. The complete legal description is included in the legal advertisement for annexation which is attached for your information and review. A subject map is also included in your packet. 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) or may maintain the zoning classification obtained in Tulsa County. In this case, the zoning of the property in Tulsa County is AG (Agriculture). If annexation is approved, the subject property would have to go through all platting requirements of the City of Owasso prior to any development. The Owasso Zoning Code classifies this type of use as a Use Unit 4, which is permitted by right in an (AG) Agriculture district. There are development challenges to the subject property as a portion of the property lies within the floodplain. It should be noted that prior to any development of the subject property it would be required to be raised above the floodplain level. Also, with the plans for Tulsa County to widen E. 76' Street North from the railroad right -of -way to the Cherokee Industrial Park, the requirement to add acceleration/deceleration lanes will be waived. Work on the E. 76'b Street North widening is scheduled to start late in the fall. A copy of the City of Owasso's annexation policy is attached for your information and review. The subject property meets all of the requirements included within the policy with the exception of tract size. Note, however, that the annexation policy is a guideline and not an "inflexible" document and staff would recommend that the Planning Commission exercise that flexibility, especially when considering that the request to annex is from a civic club within our community. Notification of the annexation request was published in the Owasso Reporter on July 11, 2002, to notify the public of the annexation request before the Planning Commission on August 12, 2002. That notification was followed by notification published two consecutive weeks in the Owasso Reporter on July 18 and 25, 2002, 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. The Owasso Annexation Committee reviewed the annexation request at their July 31, 2002, special meeting and unanimously recommended approval. The Planning Commission reviewed this request at their August 12, 2002, regular meeting and unanimously recommended approval. If approved by the City Council, the subject property would be located in Ward 4. Staff received no phone calls or letters of concern regarding the request. RECOMMENDATION: Staff recommends approval of the annexation request. ATTACHMENTS: 1. Subject map 2 Copy of legal advertisement (contains annexation petition and legal description) 3. City of Owasso Annexation Policy 4. City of Owasso Procedures for Annexation 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 SITUATED IN THE SOUTHWEST QUARTER (SW /4) OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT THE SOUTHWEST CORNER OF THE AMENDED PLAT OF ATCHISON, TOPEKA, AND SANTA FE, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, THENCE N 89 059'14" W FOR 148.00 FEET, THENCE N 00 °07'56" W FOR 300.00 FEET, THENCE S 89 059'14" E FOR 148.00 FEET, THENCE S 00 007'56" E AND ALONG THE WEST LINE OF SAID "AMENDED PLAT OF ATCHISON, TOPEKA, AND SANTA FE" FOR 300.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 1.019 ACRES, MORE OR LESS, 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 8' day of July 2002. Owner: Owasso Sertoma Club NOTICE TO THE PUBLIC You are hereby advised that the above petition for annexation was filed with the Community Development Department of the City of Owasso on the 8th day of July, 2002, and that said petition will be presented to the Owasso City Council at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 7:00 PM on the 19th day of August, 2002. 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, 111 N Main, Owasso, Oklahoma, 74055 or phone (918) 376 -1509. Dated at Owasso, Oklahoma, this 8th day of July, 2002 Timothy D. Rooney Assistant City 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 they may continue but cannot be expanded without proper zoning. 4. All public infrastructures that do not meet 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 lmow where the city boundaries are. 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. PROCEDURES FOR ANNEXATION 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 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. Adopted by City Council on March 1, 1998. TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY ASSISTANT CITY MANAGER SUBJECT: ORDINANCE NO. 716 DATE: August 26, 2002 BACKGROUND: At the August 20, 2002 meeting, the Owasso City Council unanimously approved a request for annexation of property totaling approximately 1.019 acres described as a portion of land located within Section 30, Township 21 North, Range 14 East. The subject property is located north of E. 76' Street North and west of the of the Atchison, Topeka, and Santa Fe right -of -way. A location map is attached for your information and review. Attached is a copy of Ordinance No. 716 which formally adopts the City Council's action of August 20, 2002. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 716. ATTACHMENTS: 1. Location Map 2. Ordinance No. 716