HomeMy WebLinkAbout1975.01.20_City Council Minutes-~,~- - ,~
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City o f Owasso
V
38 SOUTH MAIN
PHONE 272-5106
POST OFFICE BOX 119
OWASSO, OKLAHOMA 74055
LEGAL OPINION
J
QUESTION: May City funds be expended outside the corporate
limits for the purpose of installing a storm sewer.
If the answer to the foregoing question is in the
affirmative, may the City expend such funds without
first obtaining a permanent easement on the affected
property?
ANALYSIS: With regard to the first question, I find that
Title 11, Oklahoma Statutes, Section 563 permits
a Municipal Corporation within the State of
Oklahoma to acquire, own and maintain, within or
without the corporate limits of such City, real
estate for sites and rights of way for public
utility and public park purposes. Therefore, if
the intended activity falls within one of the
purposes outlined in Section 563, such expenditure
of funds is lawful.
As to the second question, it is necessary that
some estate in real property must be acquired
by the City, that is, either fee simple title or
an easement grant. It is my opinion that a temporary
easement would not be sufficient title to enable
a City to expend funds for the improvement of the
property. The reason for this position is simple.
A temporary easement lapses after the purpose for
which the easement was given is completed. The
expenditure of public funds demands that some
permanent benefit to the City be obtained. In
order for a storm sewer to be a permanent benefit
to the City, there must be the right of City
employees to continually enter upon the site of
the storm sewer in order to operate and maintain
the same in free, unobstructed condition so that
its purposes will be advanced. Without a permanent
easement, there would be no right for City employees
to enter upon the premises to perform such maintenance.
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JANUARY 20~ 1975
The Owasso City Council met in called session Monday evenings January 20, 1975, at 7:00
p.m. frith Vice-Mayor Myers presiding.
PRT~F~VT: Jerry K. Myers
Robert K. Ball
Dean Large
Noble Campbell
Marica G. Riggs
Gd. Z'1. VAn Dall
Vice Mayor
Councilman
Councilman
City Manager
City Clerk
City Attorney
Josephine Downey
Ralph Schafer
Jerry Shuck
Maurice Fry
Jerry Jones
Floyd Marugg
Bill ti•lilliams
Deputy Clerk
Ourasso Reporter
Park Board
Citizen
Citizen
Citizen
Citizen
ABSENT: Joe Ross V. D. Dun can Councilman
Vice-Mayor Myers asked City Attorney VanDall to give his legal opinion on expending Gity
funds outside the corporate limits for the purpose of installing a storm sewer. (See
attached opinion which by reference is made a part of these minutes}. In shorty the
City could expend moneys for installing the storm sewer but only with a permanent ease-
ment. The Council asked Mr. Campbell if city funds would be available for this project.
Mr. Campbell stated that the only ~~Tay possible before the new budget would be to re-vamp
Revenue Sharing Funds and even then it would take three to six months to start. Mr.
VanDall stated that a meeting would be set up between Mr. Fry, Mr. Campbell and himself
to discuss the matter further. Council agreed it would be best to vaait until after this
meeting before taking any further steps.
On a motion by Mr. Ball and a second by Mr. Large the Fire Run Contract between the City
and Roy ~d. Tankersley was approved effective immediately. Ayes: Ball, Myers Large.
On a motion by Mr. Large and a second by Mr. Ball the Right-of yday Easement with Oklahoma
Natural Gas was approved, as follocas; Ayes: Ball, Myerst Large.
Mr. VanDall mentioned that an Amended Ordinance would be needed to change Speed Limits
and times enforced in the school areas.
Mr. Campbell asked the Council if it had any objections to installing an electric fence
around the lagoon and letting the city employees raise a ealf or t~ahatever they desired
on it. The Council gave their approval.
Mr. Campbell mentioned that the filing dates for Council elections has been changed ry
State Lama. The new dates this year are February 21~ to 26, both inclusi.ve~ from 8; 30
a.m. until 5 p. m. each day. All expenditures and contributions spent and received must
be filed with the 'County Election Board. The people who had previously voted at the
Methodist Church caill now vote at Barnes Elementary School.
At 7:30 p.m. Mr. Large moved and Mr. Ball seconded the motion to adjourn. Ayes: Myers
Bally Large.
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