HomeMy WebLinkAbout234_Vacating Streets and AlleysCITY OF OVISSO, OKLAHOIN1A
ORDINANCE NO. 234
AN ORDINANCE ESTABLISHING AUTHORITY AND PROCEDURE
FOR CLOSING OF A PUBLIC WAY STREET OR EASEMENT,
RESERVING THE RIGHT TO RE-OPEN SAME, PROVIDING
FOR FEES, PEPEALING ORDINANCES IN WHOLE OR IN
PART IN CONFLICT HEREWITH AND DECLARING AN
EVERGENCY.
BE IT ORDAINED EY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA:
Section 1. The City of Owasso shall have the power
by ordinance to close to the public use any public way,
street or easement within its corporate limits whenever the
City shall deem same necessary or expedient.
Section 2. The procedure for closing a public way,
street r easement shall be as follows:
A) The City shall give written notice of any
proposed closing of a public may, street
or easement to any holder of a franchise
or others determined by the City to have
a special right or privilege granted by
ordinance or legislative enactment to
use the public way, street, alley or
easement at least thirty (30) days prior
to passage of any ordinance providing for
closing of a public way, street, alley or
easement.
Section 3. The City shall retain the absolute right
to reopen the public way, street, alley or easement without
expense to the City. The public way, street, alley or ease-
ment nay be reopened by ordinance whenever:
1. The City deems it necessary; or
2® An application of the property owners
owning more than one-half in area of the
property abutting on the public way,
street, alley or easement previously
closed is filed with the City.
Section 4. Closing of the public way, street, alley
or easement shaTl not affect the right to maintain, repair,
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reconstruct, operate or remove utility, public service
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corporation, or transmission company facilities of service
therein, nor shall a closing affect private ways existing
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by operation of law unless released in writing executed by
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the owners thereof.
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Section 5. Nothing herein shall prevent any owner
from commencing an action in the appropriate district court
of this State, whereby the owner seeks to foreclose the
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City's absolute right to reopen the public way, street, alley
or easement as now provided by Title 11, Sections 42-111,
42-112, 42-113, Oklahoma Statutes, or as same may hereafter
he amended by legislative enactment.
Section 6. FFES. Whenever any person, firm or
corporation-renquests the City to vacate any public spay®
street, alley or easement, the request shall be made in
writing designating the public way, street, alley or
easement or portion thereof to be vacate® Said request
shall he accompanied by a plat showing the public way,
street, alley or easement or potion thereof to be vacated.
Application shall be made to the City Clerk, together with
a fee of $135® to cover the costs of publication and other
costs incidental thereto. Acceptance of the fee by the
City does not commit the City to the passage of the
ordinance and the fee shall not be refundable if an
ordinance vacating the public way is denied by the City.
Section 7. That all ordinances or parts of ordinances
in conflict herewith be, and the same are, hereby repealed.
Section 8. That an emergency exists for the preserva-
tion of the public health, peace and safety and by reason
Were f, this Crdinance shall take effect from and after its
passage and approval.
PASSED and the emergency clause ruled upon separately
and approved this 16 DAY OF MAY, 1978.
MAYOR
ATTEST:
City-Clerk
APPROVED:
City Attorney
Affidavit Of Publication
STATE OF OKLAHOMA, TULSA COUNTY, ss:
Bill R. Retherford, of lawful age, being duly sworn
and authorized, . says that he is publisher of the
Owasso Reporter a
weekly newspaper printed in the City of
... _ QW.H; 50 .............. Tulsa County,
Oklahoma, a newspaper qualified to publish legal
notices, advertisements and publications as provided in
Section 106 of Title 25, Oklahoma Statutes 1971 as
amended, and complies with all other requirements of
the laws of Oklahoma with reference to legal public-
ations.
That said notice, a true copy of which is attached
hereto, was published in the regular edition of said news-
paper during the period and time of publication and not
in a supplement, on the following dates:
............... .... f,. a;. ...1 .... ..?197......
Subscribed and sworn to before me this ...'...day
2
of........' ... ....................197..x....
�. Q .aR. .a ..............
Notary Public
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My commission expi `;- 2
res: ......... i _... % j ._ ................
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PUBLISHER'S FEE $........ .
ol•.0 a aua� n, r nua:. o, v yr noov nc.rvna cn, a n u noun x , tr:
LEGAL NOTICE
Published in the Owasso
Reporter, Owasso, Tulsa,
County, Okla., Thurs., May
25, 1978.
CITY OF OWASSO,
OKLAHOMA
ORDINANCE NO.234
AN ORDINANCE ESTAB-
LISHING AUTHORITY AND
PROCEDURE FOR
CLOSING OF A PUBLIC
WAY STREET OR
EASEMENT, RESERVING
THE RIGHT TO RE -OPEN
SAME, PROVIDING FOR
FEES, REPEALING OR-
DINANCES IN WHOLE OR
IN PART IN CONFLICT
HEREWITH AND
DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF OWASSO,
OKLAHOMA:
Section 1. The City of
Owasso shall have the power
by ordinance to close to the
public use any public way,
street or easement within its
corporate limits whenever
the City shall deem same
necessary or expedient.
Section 2. The procedure
for closing a public way,
street or easement shall be
as follows:
A) The City shall give
written notice of any
proposed closing of a
public way, street or
easement to any holder
of a franchise or others
determined by the City
to have a special right or
privilege granted by
ordinance or legislative
enactment to use the
public way, street, alley
or easement at least
thirty (30) days prior to
passage of any or-
dinance providin., for
closing of a public way,
street, alley or
easement.
Section 3. The City shall
retain the absolute right to
reopen the public way,
street, alley or easement
without expense to the City.
The public way, street, alley
of easement may be
reopened by ordinance
whenever:
1. The City deems it
necessary; or
2. An application of the
property owners owning
more than one -half in
area of the property
abutting on the public
way, street, alley or
easement previously
closed is filed with the
city.
Section 4. Closing of the
public way, street, alley or
easement shall not affect the
right to maintain, repair,
reconstruct, operate or
remove utility, public ser-
vice corporation, or tran-
smission company facilities
of service there in, nor shall
a closing affect private ways
existing by operation of law
unless released in writing
executed by the owners
thereof.
Section 5. Nothing herein
shall prevent any owner
from commencing an action
in the appropriate district
court of this State, whereby
the owner seeks to foreclose
the City's absolute right to
reopen the public way,
street, alley or easement as
now provided by Title 11,
Sections 42 -111, 42 -112, 42-
113, Oklahoma Statutes, or
as same may hereafter be
amended by legislative
enactment.
Section 6. ' FEES.
Whenever any person, firm
or corporation requests the
City to vacate any public
way, street, alley or
element, the request shall be
made in writing designating
the public way, street, alley
or easement or portion
thereof to be vacated. Said
request shall be ac-
companied by a plat showing
the public way, street, alley
plication shall be made to
the City Clerk, together with
a fee of $135.00 to cover the
costs of publication and
other costs incidental
thereto. Acceptance of the
fee by the City does not
commit the City to the
passage of the ordinance and
the fee shall not be refun-
dable if any ordinance
vacating the public way is
denied by the City.
Section 7. That all or-
dinances or parts of or-
dinances in conflict herewith
be, and the same are, hereby
repealed.
Section 8. That an
emergency exists for the
preservation of the public
health, peace and safety and
by reason whereof, this
Ordinance shall take effect
from and after its passage
and approval.
PASSED and the
emergency clause ruled
upon separately and ap-
proved this 16th day of May,
1978.
DATED this 16th day of
May, 1978,
Bill Williams
MAYOR
ATTEST:
Wauhilleau Webb
City Clerk— Deputy
APPROVED:
Harold Charney ,
City Attorney