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Home My WebLink About657_Closing Portion of East First StreetTulsa county Clerk - JOAN HASTINGS Roc# 00102247 Receipt # 467455 5gs 1 B/P 6420/ 1221- 1221 09/25/00 13:23:04 Fee 8.00 w000467455004A CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 657 AN ORDINANCE CLOSING TO THE PUBLIC USE THAT PORTION OF EAST FIRST STREET, BETWEEN BLOCKS TEN (10) AND FIFTEEN (15), ORIGINAL TOWN OF OWASSO, ACCORDING TO THE RECORDED PLAT THEREOF, IN SAID CITY OF OWASSO, OKLAHOMA, AND MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE, WITH CERTAIN RESERVATIONS HEREIN PRESCRIBED AND DECLARING AN EFFECTIVE DATE. WHEREAS, a public hearing has been held regarding the request for approval of a street closing herein described, and, WHEREAS, the Owasso City Council has considered the recommendation of the staff and all statements for and against the requested street closing. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, Section 1. That the western 200 feet of East First Street, between Blocks 10 and 15, Original Town of Owasso is hereby closed for public use. Section 2. That the municipality shall retain the absolute right to reopen the public way or easement without expense to the municipality. Closing the public way or easement shall not affect the right to maintain, repair, reconstruct, operate or remove utility, public service corporation, or transmission company facilities of service therein, nor shall a closing affect private ways existing by operation of law unless released in writing executed by owners thereof. Section 3. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. Section 4. That the Ordinance shall become effective thirty (30) days from the date of first publication as provided by state law. PASSED AND APPROVED this 5th day of September, 2000. OF OFFICIAL SEAL, APPR AS TO FORM: Ronald D. Cates, City Attomey City of Owasso IN H.C. "Will' Williams, Mayor v September 14th 1200 Q n EA yk MID Subscribed and sworn to before me this day ®i y Public Oki2horna OFF�UAL SEAL �C C o u my `J My Commission expires: a � � � :ssiu ' E � „ �.` ,`. '.. Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, September 14, 2000. CITY OF OWASSO, OKLA- HOMA ORDINANCE NO. 657 AN ORDINANCE CLOSING TO THE PUBLIC USE THAT POR- TION OF EAST FIRST STREET, BETWEEN BLOCKS TEN (10) AND FIFTEEN (15), ORIGINAL TOWN OF OWASSO, ACCORD- ING TO THE RECORDED PLAT THEREOF, IN SAID CITY OF OWASSO, OKLAHOMA, AND MORE PARTICULARLY DESCRIBED IN THIS ORDI- NANCE, WITH CERTAIN RESERVATIONS HEREIN PRE- SCRIBED AND DECLARING AN EFFECTIVE DATE. WHEREAS, a public hearing has been held regarding the request for approval of a street closing her;in described, and, WHEREAS, the Owasso City Council has considered the rec- ommendation of the staff and all statements for and against the requested street closing. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, Section 1. That the western 200 feet of East First Street, between Blocks 10 and 15, Original Town of Owasso is hereby closed for public use. Section 2. That the municipality shall retain the abso- lute right to reopen the public way or easement without expense to the municipality. Clos- ing the public way or easement shall not affect the right to main- tain, repair, reconstruct, operate or remove utility, public service corporation, or transmission company facilities of service therein, nor shall a closing affect private ways existing by opera- tion of law unless released in writing executed by owners thereof. Section 3. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. Section 4. That the Ordinance shall become effective thirty (30) days from the date of first publication as provided by state law. PASSED AND APPROVED this 5th day of September, 2000. City of Owasso, Oklahoma /s /H.C. Williams H.C. "Will' Williams, Mayor ATTEST /s/ Marcia Boutwell Marcia Boutwell, City Clerk /s/ Ronald D. Cates Ronald D. Cates, City Attorney ATI_ t :_e_ _I A/ TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY ASSISTANT CITY MANAGER SUBJECT: ORDINANCE NO. 657 PROVIDING FOR THE CLOSING OF A PORTION OF EAST FIRST STREET DATE: August 31, 2000 BACKGROUND: The site of the new City Hall, currently under construction, was created through utilizing land which was previously owned by the City and through the purchase of land which was not previously owned by the City. This resulted in the City owning nearly two blocks of land which is dissected by East First Street. In order to create a larger building area by utilizing land which is now occupied by East First Street, thus treating the site in a more comprehensive manner, it is necessary for the City of Owasso to close to the public use that portion of East First Street surrounded by property that is now owned by the City. Section 42 -110 of the Oklahoma Municipal Code provides for the right of a municipal governing body to close to the public use any public way or easement within the municipality whenever deemed necessary or expedient. The municipality is required to provide written notice of any proposed closing of a public way or easement to any holder of a franchise or others determined by the governing body to have a special right or privilege granted by ordinance or legislative enactment to use the public way or easement at least thirty (30) days prior to passage of any ordinance providing for closing of a public way or easement. A copy of Section 42 -110 of the Oklahoma Municipal Code is attached for your information and review. Letters were mailed to Public Service Company of Oklahoma, Oklahoma Natural Gas, Southwestern Bell Telephone, and Cox Communications on August 7, 2000, along with a map showing that portion of East First Street the City would like to close. A copy of the letters are attached for your information and review. Staff received comments, either verbal, written, or by fax, from all four utility providers. None are objecting to the closure. The City fulfills the thirty (30) day notice requirement on September 5, 2000. A copy of Ordinance No. 657 is attached, and passage of it would formally close that portion of East First Street, RECOMMENDATION: Staff recommends Council approval of Ordinance No. 657. ATTACHMENTS: 1. Map showing portion of East First Street to be closed. 2. Section 42 -110 of the Oklahoma Municipal Code 3. Letters sent to Utility Providers. 4. Ordinance No. 657 TLANTA ST IY // /ry IS "o ��J /A� J�i aa°O P r = (KANSAS ST) G' V r1 v- f ,S'T E +c0 o_ sa 1s ii ` 75 $' Im m '� QUl la n°01 n m r,J a 4 �o @E �6 1 V a 160 ISO i5 51v IA ull ° ss - n1366 IG[.6� is is N is is +ao I<0 7 tw i6 i5 V v if ° V p y- - 4; L- ol y o- O o J a c `J - _,l "� if o 'r ILO 10 pn m ca y 0 0 � ro iu •o +o � o ° o Is TLANTA ST IY // /ry IS "o ��J /A� J�i aa°O P r = (KANSAS ST) G' V r1 v- f ,S'T E +c0 o_ sa 1s ii aw � NN4 Ox 0 gip' s b = 75 � 75 sc Im O+1 '� QUl la n°01 n m r,J a 4 �o no 3 - �5 i5 51v 7 ull ° Y IG[.6� (OKLAHOMA ST) p N ATLANTA ST T Jt. ter.' ° I<0 7 aw � NN4 Ox 0 gip' s b = 75 6p 75 sc Im O+1 '� QUl la n°01 n m r,J a 4 �o no 3 60 �5 i5 1<J y C ° -in n 'LJ M� 5 is is is vl i0 j p1030 ° 0.504Q ;-5- 3sJ la 90 is i' a5 i v5 ' 10 is 1_] N MAIN ST S (Hir3 a75) (miss uR7 S'T) 1, ^s —S y o�1 d 10EOp � '+I � OJEIE � pI b^ VUJ a o� b 'IL so +.A V 0n 0 y - wn 00 n ' rnp s- sc Im Jw 6 r,J a 4 �o no t�� g I<0 7 ull ° n ' rnp s- sc Im Jw 6 1<u �'l g I<0 7 ull ° n+l IG[.6� Inc p sp mp Jt. ter.' ° I<0 7 tw i6 i5 V v if ° V p y- - 4; L- ol y o- O hz °D m� i6 is i6 i Jw 1<u �'l g I<0 _ c f IG[.6� iC' L� ° �J v Jt. ter.' ° I<0 7 tw ° V p y- - 4; L- ol y O hz °D m� i6 is i6 i �'l g _ c f IG[.6� iC' llr �J c O Jt. ter.' ° 7 ° O i5 4; i N BIRCH ST E �'l g _ c f IG[.6� iC' llr �J c O Jt. ter.' ° \ J c `J - _,l "� if 'r letters across that part of the plat so vacated the word "Vacated ". The clerk shall also note on the original plat a reference to the decree of instrument and the volume and page where recorded. SECTION 42 -108. VACATING PART OF A PLAT - CLOSING HIGHWAYS Any part of a plat may be vacated in accordance with the procedures and subject to the conditions of Sections 42 -101 through 42 -115 of this title, provided that such vacating does not abridge or destroy any of the rights and privileges of other owners in the plat. Nothing contained in this section shall authorize the closing or obstructing of any public highway laid out according to law. SECTION 42 -109. EFFECT OF VACATION - OWNER MAY PLAT AGAIN - ENCLOSE PUBLIC WAYS - REVERSION OF FEE A. The owner of any lot in a plat which has been vacated by decree or written instrument may cause the same and a proportionate part of adjacent public ways and public grounds to be platted and numbered by a registered land surveyor. When the plat is acknowledged by the owner and is recorded in the office of the county clerk of the county in which the plat is located, the lots may be conveyed and assessed by the numbers given them on the plat. B. When any part of a plat has been vacated by decree or written instrument, the owners of the lots so vacated may enclose the public ways and public grounds adjoining the lots in equal proportion. C. Nothing contained in this article shall operate to preclude a fee from reverting to its owner when a public right -of -way is vacated in law or in fact. SECTION 42 -110. POWER TO CLOSE PUBLIC WAYS OR EASEMENTS BY ORDINANCE - REOPENING - RIGHTS OF UTILITIES A. The municipal governing body by ordinance may close to the public use any public way or easement within the municipality whenever deemed necessary or expedient. The procedure for closing a public way or easement shall be established by ordinance or resolution adopted by the municipality. B. The municipality shall give written notice of any proposed closing of a public way or easement to any holder of a franchise or others determined by the governing body to have a special right or privilege granted by ordinance or legislative enactment to use the public way or easement at least thirty (30) days prior to passage of any ordinance providing for closing of public way or easement. C. The municipality shall retain the absolute right to reopen the public way or easement without expense to the municipality. The public way or easement may be reopened by ordinance whenever: The municipal governing body 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 or easement previously closed is filed with the governing body. 42 -6 D. Closing of the public way or easement shall not affect the right to maintain, repair, reconstruct, operate or remove utility, public service corporation, or transmission company facilities of service therein, nor shall a closing affect private ways existing by operation of law unless released in writing executed by the owners thereof. SECTION 42 -111. COURT ACTION BY OWNERS TO FORECLOSE OR REOPEN PUBLIC WAY - PETITION Any owner of any real'estate to which any public way or easement, or any part thereof, has heretofore reverted or may hereafter revert by closing, within the corporate limits of any municipality, may commence an action in the district court in the county in which the real estate is situated, upon filing a verified petition. The petition shall show the passage of an ordinance closing the public way or easement and ask for the foreclosure of the absolute right to reopen the public way or easement or ask for the reopening of the public way or easement. Attached to the verified petition shall be the certificate of a bonded abstractor listing the names and mailing addresses of all persons required to be notified as set forth in Section 42 -112 of this title. SECTION 42 -112. NOTICE OF COURT ACTION BY OWNERS TO FORECLOSE OR REOPEN Notice of the verified petition by a property owner to foreclose the right to reopen the public way or to reopen the public way shall be given by: Service of summons to the municipality as provided in civil action; 2. Service of summons to public service corporations, transmission and utility companies or franchise holders having rights in the public way or easement; and 3. a. Mailing by first class mail at least thirty (30) days before the hearing a copy of the petition and a copy of the notice to be published as provided in subparagraph b of this paragraph to all owners of record, as shown by the current year's tax rolls in the office of the county treasurer, of property abutting that portion of the public way or easement sought to be vacated, and such other owners of record whose property abuts said public way or easement within three hundred (300) feet from that portion of said public way or easement sought to be vacated; and to any person, firm or corporation, not otherwise required to be notified, that is known by the petitioner to claim an interest or rights in the public way or easement. An affidavit verifying the mailing of the petition and notice as provided for in this subparagraph shall be filed in the action. b. Notice to the public shall be given by one (1) publication in a newspaper of general circulation published in the county where the property is located, which publication shall be at least thirty (30) days prior to the hearing. The summons or publication notice shall provide for an answer date not less than twenty (20) days after issuance of the summons or first publication notice. (Amended, effective 7- 1 -97). SECTION 42 -113. HEARING AND DISPOSITION OF PETITION TO FORECLOSE OR REOPEN 42 -7 City of Owasso 207 South Cedar PO Box 180 Owasso, OK 74055 August 7, 2000 Mr. Craig Irons Cox Communications PO Box 470800 Tulsa; OK 74147 -0800 RE: Right -of -Way Closing Dear Mr. Irons, (918) 272 -2251 FAX (918) 272 -4999 The purpose of this letter is to provide the required thirty (30) days notice to your company and other utility providers within the City of Owasso of a planned right -of -way closing. The closing involves the right -of -way described as the western 200 feet of East First Street, between Blocks 10 and 15, Original Town of Owasso. The general location of the right - of -way is between Main and Birch. A subject map, with the right -of -way proposed for closing highlighted, is attached for your information and review. As you may be aware, this area is the future site of the Owasso City Hall. Questions or comments regarding the proposed right -of -way closing may be directed to Tim Rooney, Assistant City Manager, City of Owasso, PO Box 180, Owasso, OK 74055; or by calling (918) 272 -2251. Sincerely, Timothy D. Ro ey Assistant City Manager Cc: file City of Owasso 207 South Cedar PO Box 180 Owasso, OK 74055 August 7, 2000 Mr. Curtis Bryant Public Service Company of Oklahoma PO Box 201 Tulsa, OK 74102 RE: Right -of -Way Closing Dear Mr. Bryant, (918) 272 -2251 FAX (918) 272 -4999 The purpose of this letter is to provide the required thirty (30) days notice to your company and other utility providers within the City of Owasso of a planned right -of -way closing. The closing involves the right -of -way described as the western 200 feet of East First Street, between Blocks 10 and 15, Original Town of Owasso. The general location of the right - of -way is between Main and Birch. A subject map, with the right -of -way proposed for closing highlighted, is attached for your information and review. As you may be aware, this area is the future site of the Owasso City Hall. Questions or comments regarding the proposed right -of -way closing may be directed to Tim Rooney, Assistant City Manager, City of Owasso, PO Box 180, Owasso, OK 74055; or by calling (918) 272 -2251. Sincerely, Timothy D. Ro ey Assistant City Manager Cc: file City of Owasso 207 South Cedar PO Box 180 Owasso, OK 74055 August 7, 2000 Mr. Doyle Goins Oklahoma Natural Gas 12250 E. 96`h Street North Owasso, OK 74055 RE: Right -of -Way Closing Dear Mr. Goins, (918) 272 -2251 FAX (918) 272.4999 The purpose of this letter is to provide the required thirty (30) days notice to your company and other utility providers within the City of Owasso of a planned right -of -way closing. The closing involves the right -of -way described as the western 200 feet of East First Street, between Blocks 10 and 15, Original Town of Owasso. The general location of the right - of -way is between Main and Birch. A subject map, with the right -of -way proposed for closing highlighted, is attached for your information and review. As you may be aware, this area is the future site of the Owasso City Hall. Questions or comments regarding the proposed right -of -way closing may be directed to Tim Rooney, Assistant City Manager, City of Owasso, PO Box 180, Owasso, OK 74055; or by calling (918) 272 -2251. Sincerely, Timothy D. Ro y Assistant City Manager v Cc: file City of Owasso 207 South Cedar PO Box 180 Owasso, OK 74055 August 7, 2000 Mr. Phil Sewell Southwestern Bell Telephone Company 5305 E 71" Street Tulsa, OK 74136 RE: Right -of -Way Closing Dear Mr. Sewell, (918) 272 -2251 FAX (918) 272 -4999 The purpose of this letter is to provide the required thirty (30) days notice to your company and other utility providers within the City of Owasso of a plarmed right -of -way closing. The closing involves the right -of -way described as the western 200 feet of East First Street, between Blocks 10 and 15, Original Town of Owasso. The general location of the right - of -way is between Main and Birch. A subject map, with the right -of -way proposed for closing highlighted, is attached for your information and review. As you may be aware, this area is the future site of the Owasso City Hall. Questions or comments regarding the proposed right -of -way closing may be directed to Tim Rooney, Assistant City Manager, City of Owasso, PO Box 180, Owasso, OK 74055; or by calling (918) 272 -2251. Sincerely, Timothy D. Roo Assistant City Manager Cc: file CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 657 AN ORDINANCE CLOSING TO THE PUBLIC USE THAT PORTION OF EAST FIRST STREET, BETWEEN BLOCKS TEN (10) AND FIFTEEN (15), ORIGINAL TOWN OF OWASSO, ACCORDING TO THE RECORDED PLAT THEREOF, IN SAID CITY OF OWASSO, OKLAHOMA, AND MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE, WITH CERTAIN RESERVATIONS HEREIN PRESCRIBED AND DECLARING AN EFFECTIVE DATE. WHEREAS, a public hearing has been held regarding the request for approval of a street closing herein described, and, WHEREAS, the Owasso City Council has considered the recommendation of the staff and all statements for and against the requested street closing. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, Section 1. That the western 200 feet of East First Street, between Blocks 10 and 15, Original Town of Owasso is hereby closed for public use. Section 2. That the municipality shall retain the absolute right to reopen the public way or easement without expense to the municipality. Closing the public way or easement shall not affect the right to maintain, repair, reconstruct, operate or remove utility, public service corporation, or transmission company facilities of service therein, nor shall a closing affect private ways existing by operation of law unless released in writing executed by owners thereof. Section 3. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. Section 4. That the Ordinance shall become effective thirty (30) days from the date of first publication as provided by state law. PASSED AND APPROVED this 5th day of September, 2000. City of Owasso H.C. "Will' Williams, Mayor ATTEST: Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney C�s�