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Muskogee repeals one annexation ordinance, moves to annex remaining John T. Griffin Industrial Park parcels
Summary
Council rescinded a July ordinance after a public-notice oversight and then approved a resolution to pursue annexation of remaining parcels in the John T. Griffin Industrial Park; the city cited a pending lawsuit and said the new notice will include the required service plan.
The City of Muskogee on Sept. 8 rescinded an ordinance approved July 28 that annexed part of the John T. Griffin Industrial Park and then approved a resolution to pursue annexation of the remaining parcels with corrected notice and a service plan.
City staff told the council the July ordinance contained a technical oversight: the public hearing notice omitted the service plan describing fire, safety and other services to be provided to the annexed area. "The city does not find any credence to the other claims filed by Polaris in the lawsuit, but we do believe [the omission] is a technical oversight that needs to be corrected," said Miss Bodenhamer, representing city staff. The July annexation had prompted litigation by Polaris Technology Inc., the city said.
Councilors voted to rescind Ordinance No. 42 66 A to allow staff to correct the public-notice procedure and include the service plan. The rescission passed 7–1, with Councilor Jamie Stout voting no.
After rescission, the council approved Resolution No. 30 52 directing staff to proceed with annexation steps required by state law for six parcels owned by the City-County Port Authority, OG&E, Core Scientific and Polaris Technologies Inc., and to set a public hearing date and approve the service plan. Staff said services (water and sewer) have already been extended to the park in anticipation of annexation. The resolution passed 6–2; Councilors Dan Hall and Jamie Stout voted no.
City staff told the council the rescission and re-notice are intended to avoid protracted litigation and to comply with state annexation statutes. The resolution cites Sections 21-101 and 21-103 of Title 11, Oklahoma Statutes as the statutory basis for annexation without a majority consent of property owners when certain conditions apply. Staff also said the annexation should not affect an existing tax increment financing (TIF) agreement covering part of the area.
The council instructed staff to include the required service plan in the new public notice and to take the necessary steps required by state statute before the public hearing. No final property transfers occurred at the Sept. 8 meeting; the rescission and resolution simply restart the formal annexation process with corrected notice.
