ORDINANCE NO. 2020-12
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF A PART OF GOVERNMENT LOT NUMBERED FOUR (4) IN SECTION 31, TOWNSHIP 21 NORTH, RANGE 19 EAST OF THE INDIAN BASE AND MERIDIAN, MAYES COUNTY, OKLAHOMA INTO THE CORPORATE LIMITS AND AS PART OF THE CITY OF PRYOR CREEK, OKLAHOMA; PROVIDING THAT THE NEWLY ANNEXED TERRITORY BE ZONED “CG” (COMMERCIAL GENERAL); AND PROVIDING FOR REPEALER AND SEVERABLITY.
 
   COMING BEFORE the City Council for the City of Pryor Creek, Oklahoma, is the Petition for Annexation filed by Amad Nadaf and Nadine Najem in reference to the following:
 
SECTION 1:   JURISDICTIONAL FACTS
   A Petition for Annexation was previously filed with the City of Pryor Creek, Oklahoma by all (100%) of the owners of the following described property.  In said Petition for Annexation, the owners requested that the City of Pryor Creek add the following described property into the corporate limits of the City:
A tract of land situated in Southwest Quarter (SW/4) Section 31, Township 21 North, Range 19 East of the Indian Base and Meridian, Mayes County, Oklahoma, being more particularly described as follows to-wit:
 
The West One Hundred Forty (140) feet of the South Three Hundred (300) feet of Government Lot Number Four (4), of Section Thirty-one (31), Township Twenty-on (21) North, and Range Nineteen (19) East of the Indian Base and Meridian, Mayes County, State of Oklahoma.
 
   Notice of the presentation of said Petition for Annexation was published at least once each week for two (2) successive weeks in a newspaper of general circulation in the City of Pryor Creek.  The Petitioners, by way of their Petition for Annexation have properly requested and consented to the annexation of the above described territory to the City.  The territory petitioned to be annexed is adjacent and contiguous to the City of Pryor Creek.  The territory petitioned to be annexed improved with a single commercial structure.  No registered voter resides within the territory sought to be annexed.  Petitioners are the sole owners of the entirety of the property which comprises the territory petitioned to be annexed and therefore is the owner of all the value of the property comprising the territory petitioned to be annexed.  The City of Pryor Creek finds that the Petition for Annexation satisfies all of the requirements of the Oklahoma Municipal Code.
 
   The City of Pryor Creek finds that said property is adjacent and contiguous to the corporate limits of the City of Pryor Creek, is not part of any other incorporated municipality, and is owned by the Petitioners, Amad Nadaf and Nadine Najem.  The City of Pryor Creek further finds that the notice published fully complies with Oklahoma law as to the form, giving notice that said Petition had been presented, setting forth the nature and purpose of said Petition, describing the property sought to be annexed, and reciting that the Petition was signed by the owner of the property sought to be annexed.  The City of Pryor Creek further finds that the requirements for annexation set forth in the Oklahoma Municipal Code have been fully satisfied.
 
SECTION 2:   ANNEXATION
 
   BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF PRYOR CREEK, OKLAHOMA, that, pursuant to the laws of the State of Oklahoma, and based on the facts and circumstances herein set forth, the following described property is annexed by the City of Pryor Creek, Oklahoma into the corporate limits of the City and is added to the territory of the City of Pryor Creek, Oklahoma:
 
The West One Hundred Forty (140) feet of the South Three Hundred (300) feet of Government Lot Number Four (4), of Section Thirty-one (31), Township Twenty-on (21) North, and Range Nineteen (19) East of the Indian Base and Meridian, Mayes County, State of Oklahoma.
 
and that the Official Zoning Map of the City of Pryor Creek, Oklahoma, shall be amended to reflect the change in the boundaries resulting from this annexation.  The Mayor is hereby authorized and directed to file and record a duly certified copy of this Ordinance, together with an accurate map or plat of the annexed property, in the office of the Mayes County Clerk and with the Ad Valorem Division of the Oklahoma Tax Commission, and to take appropriate measures to implement this Ordinance.
 
SECTION 3:   ZONING
 
   BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF PRYOR CREEK, OKLAHOMA, that pursuant to Section 10-1-10.E of the Code of Ordinances of the City of Pryor Creek, Oklahoma providing for the assignment of the zoning classification to territory annexed to the City, that the following described tract of land newly annexed into the City of Pryor Creek, Oklahoma is hereby classified as “CG” (Commercial General), to-wit:
 
The West One Hundred Forty (140) feet of the South Three Hundred (300) feet of Government Lot Number Four (4), of Section Thirty-one (31), Township Twenty-on (21) North, and Range Nineteen (19) East of the Indian Base and Meridian, Mayes County, State of Oklahoma.
 
and that the Official Zoning Map of the City of Pryor Creek, Oklahoma, shall be amended to reflect the establishment of zoning of the annexed territory as reflected in this Section 3.
 
SECTION 4:   REPEALER
 
All ordinances or parts of ordinances in conflict here with are hereby repealed to the extent of any such conflict.
 
SECTION 5:   SEVERABLITY
 
If any section, sub-section, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion of this ordinance.
 
Passed and Approved by the Council of the City of Pryor Creek, Oklahoma, in regular session on this 20th day of October, 2020.
                     
CITY OF PRYOR CREEK, OKLAHOMA
 
________________________________
Larry Lees, Mayor
ATTEST:
 
_______________________________
Eva Smith, City Clerk
 
APPROVED AS TO FORM AND LEGALITY:
 
 
_______________________________
Kim Ritchie, City Attorney
Dated:_________________________