All,

A municipal attorney reached out and wanted to know if any municipalities have done an annexation agreement before. In this senerio,  annexation is proposed by a landowner, but the landowner only wants the annexation to occur with restrictions/caveats, which include that the City would not require building permits on the property, no new building codes would apply to the property and that the property would not be rezoned.

I have done some research on this and checked our files and I could not find anything specifically on this.

Does anyone have any thoughts on this?

Thanks,

Christian Rinehart

DEPUTY GENERAL COUNSEL
OKLAHOMA MUNICIPAL LEAGUE

201 Northeast 23rd Street

Oklahoma City, OK 73105

(405) 528-7515
[cid:19979e3c-1009-4a90-bcfc-42aa2f63fffa]

The Municipal Inquiry Service provides information based on Oklahoma Statutes and sample policies from other member cities and towns to members of the Oklahoma Municipal League. There may be other facts and details that were unknown to OML or not relayed that may alter the information provided.  OML does not provide legal advice or act as a legal advisor.  The advice of your municipal attorney, as your legal advisor, should be followed before implementing any policy or making any decisions regarding your legal matters. The OML American Recovery Plan Act Inquiry service provides information based on the guidance provided by the U.S. Department of the Treasury and the state of Oklahoma. Each Oklahoma municipality is responsible for submitting and verifying the correct budget information,  using ARPA funds correctly, obligating the ARPA funds by December 31, 2024, spending the ARPA funds by December 31, 2026, and submitting a project and expenditure report by April 30th, 2025. The advice of a municipal attorney, as a legal advisor, should be followed before making any decisions regarding accepting, spending, or reporting on ARPA funds.

Sounds like a bad idea - restricting the city from regulating the development of the property.

Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.orgmailto:jbryant@omag.org

[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma  73013
Phone: 405-657-1419
Fax: 405-657-1401
Cell: 405-830-8672
www.omag.orghttp://www.omag.org/

From: Christian Rinehart via Oama oama@lists.imla.org
Sent: Monday, June 2, 2025 2:26 PM
To: Matt Love via Oama oama@lists.imla.org
Subject: [Oama] Annexation Agreement

All,

A municipal attorney reached out and wanted to know if any municipalities have done an annexation agreement before. In this senerio,  annexation is proposed by a landowner, but the landowner only wants the annexation to occur with restrictions/caveats, which include that the City would not require building permits on the property, no new building codes would apply to the property and that the property would not be rezoned.

I have done some research on this and checked our files and I could not find anything specifically on this.

Does anyone have any thoughts on this?

Thanks,

Christian Rinehart

DEPUTY GENERAL COUNSEL
OKLAHOMA MUNICIPAL LEAGUE

201 Northeast 23rd Street

Oklahoma City, OK 73105

(405) 528-7515
[cid:image002.png@01DBD3CC.13996250]

The Municipal Inquiry Service provides information based on Oklahoma Statutes and sample policies from other member cities and towns to members of the Oklahoma Municipal League. There may be other facts and details that were unknown to OML or not relayed that may alter the information provided.  OML does not provide legal advice or act as a legal advisor.  The advice of your municipal attorney, as your legal advisor, should be followed before implementing any policy or making any decisions regarding your legal matters. The OML American Recovery Plan Act Inquiry service provides information based on the guidance provided by the U.S. Department of the Treasury and the state of Oklahoma. Each Oklahoma municipality is responsible for submitting and verifying the correct budget information,  using ARPA funds correctly, obligating the ARPA funds by December 31, 2024, spending the ARPA funds by December 31, 2026, and submitting a project and expenditure report by April 30th, 2025. The advice of a municipal attorney, as a legal advisor, should be followed before making any decisions regarding accepting, spending, or reporting on ARPA funds.

I always advise my cities against this type of agreement. My recollection is that there is a procedure by which City doesn't even need the landowner's permission to annex, so there's no need for an agreement like this anyway if the city feels strongly about having the property within their limits. (Could be wrong on this though. Been a while since I looked at annexation stuff.)

Lw

Lucas M West
Attorney

NICHOLS | DIXON
ATTORNEYS

104 E. Main Street Norman, OK 73069
T:405.579.3739 | F:405.701.5275
nicholsdixon.comhttps://www.nicholsdixon.com/
From: Jeff Bryant via Oama oama@lists.imla.org
Sent: Monday, June 2, 2025 2:39 PM
To: Christian Rinehart christian@oml.org; Matt Love via Oama oama@lists.imla.org
Subject: [Oama] Re: Annexation Agreement

Sounds like a bad idea - restricting the city from regulating the development of the property.

Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.orgmailto:jbryant@omag.org

[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma  73013
Phone: 405-657-1419
Fax: 405-657-1401
Cell: 405-830-8672
www.omag.orghttp://www.omag.org/

From: Christian Rinehart via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org>
Sent: Monday, June 2, 2025 2:26 PM
To: Matt Love via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Annexation Agreement

All,

A municipal attorney reached out and wanted to know if any municipalities have done an annexation agreement before. In this senerio,  annexation is proposed by a landowner, but the landowner only wants the annexation to occur with restrictions/caveats, which include that the City would not require building permits on the property, no new building codes would apply to the property and that the property would not be rezoned.

I have done some research on this and checked our files and I could not find anything specifically on this.

Does anyone have any thoughts on this?

Thanks,

Christian Rinehart

DEPUTY GENERAL COUNSEL
OKLAHOMA MUNICIPAL LEAGUE

201 Northeast 23rd Street

Oklahoma City, OK 73105

(405) 528-7515
[cid:image002.png@01DBD3CC.CF8D61A0]

The Municipal Inquiry Service provides information based on Oklahoma Statutes and sample policies from other member cities and towns to members of the Oklahoma Municipal League. There may be other facts and details that were unknown to OML or not relayed that may alter the information provided.  OML does not provide legal advice or act as a legal advisor.  The advice of your municipal attorney, as your legal advisor, should be followed before implementing any policy or making any decisions regarding your legal matters. The OML American Recovery Plan Act Inquiry service provides information based on the guidance provided by the U.S. Department of the Treasury and the state of Oklahoma. Each Oklahoma municipality is responsible for submitting and verifying the correct budget information,  using ARPA funds correctly, obligating the ARPA funds by December 31, 2024, spending the ARPA funds by December 31, 2026, and submitting a project and expenditure report by April 30th, 2025. The advice of a municipal attorney, as a legal advisor, should be followed before making any decisions regarding accepting, spending, or reporting on ARPA funds.

I think you would be opening a can of worms.

From: Christian Rinehart via Oama oama@lists.imla.org
Sent: Monday, June 2, 2025 2:26 PM
To: Matt Love via Oama oama@lists.imla.org
Subject: [Oama] Annexation Agreement

All,

A municipal attorney reached out and wanted to know if any municipalities
have done an annexation agreement before. In this senerio,  annexation is
proposed by a landowner, but the landowner only wants the annexation to
occur with restrictions/caveats, which include that the City would not
require building permits on the property, no new building codes would apply
to the property and that the property would not be rezoned.

I have done some research on this and checked our files and I could not find
anything specifically on this.

Does anyone have any thoughts on this?

Thanks,

Christian Rinehart

DEPUTY GENERAL COUNSEL
OKLAHOMA MUNICIPAL LEAGUE

201 Northeast 23rd Street

Oklahoma City, OK 73105

(405) 528-7515

The Municipal Inquiry Service provides information based on Oklahoma
Statutes and sample policies from other member cities and towns to members
of the Oklahoma Municipal League. There may be other facts and details that
were unknown to OML or not relayed that may alter the information provided.
OML does not provide legal advice or act as a legal advisor.  The advice of
your municipal attorney, as your legal advisor, should be followed before
implementing any policy or making any decisions regarding your legal
matters. The OML American Recovery Plan Act Inquiry service provides
information based on the guidance provided by the U.S. Department of the
Treasury and the state of Oklahoma. Each Oklahoma municipality is
responsible for submitting and verifying the correct budget information,
using ARPA funds correctly, obligating the ARPA funds by December 31, 2024,
spending the ARPA funds by December 31, 2026, and submitting a project and
expenditure report by April 30th, 2025. The advice of a municipal attorney,
as a legal advisor, should be followed before making any decisions regarding
accepting, spending, or reporting on ARPA funds.

We have done that in Muskogee with a pre annexation agreement.

Katrina Bodenhamer
City Attorney
City of Muskogee, Oklahoma
229 West Okmulgee
Muskogee, Oklahoma 74401
918-684-6276

From: Christian Rinehart via Oama oama@lists.imla.org
Sent: Monday, June 2, 2025 2:25:46 PM
To: Matt Love via Oama oama@lists.imla.org
Subject: [Oama] Annexation Agreement

All,

A municipal attorney reached out and wanted to know if any municipalities have done an annexation agreement before. In this senerio,  annexation is proposed by a landowner, but the landowner only wants the annexation to occur with restrictions/caveats, which include that the City would not require building permits on the property, no new building codes would apply to the property and that the property would not be rezoned.

I have done some research on this and checked our files and I could not find anything specifically on this.

Does anyone have any thoughts on this?

Thanks,

Christian Rinehart

DEPUTY GENERAL COUNSEL
OKLAHOMA MUNICIPAL LEAGUE

201 Northeast 23rd Street

Oklahoma City, OK 73105

(405) 528-7515
[cid:19979e3c-1009-4a90-bcfc-42aa2f63fffa]

The Municipal Inquiry Service provides information based on Oklahoma Statutes and sample policies from other member cities and towns to members of the Oklahoma Municipal League. There may be other facts and details that were unknown to OML or not relayed that may alter the information provided.  OML does not provide legal advice or act as a legal advisor.  The advice of your municipal attorney, as your legal advisor, should be followed before implementing any policy or making any decisions regarding your legal matters. The OML American Recovery Plan Act Inquiry service provides information based on the guidance provided by the U.S. Department of the Treasury and the state of Oklahoma. Each Oklahoma municipality is responsible for submitting and verifying the correct budget information,  using ARPA funds correctly, obligating the ARPA funds by December 31, 2024, spending the ARPA funds by December 31, 2026, and submitting a project and expenditure report by April 30th, 2025. The advice of a municipal attorney, as a legal advisor, should be followed before making any decisions regarding accepting, spending, or reporting on ARPA funds.