A. Definitions: The following terms, as used in this section, shall have the meanings ascribed to them in this subsection:
CLOSE: Action by the city council discontinuing the public use of a public way or easement without affecting title to real property.
EASEMENT: Rights in real property as set forth in 60 Oklahoma Statutes section 49.
PUBLIC AGENCY: The city, state or federal governments or any of their agencies or political subdivisions.
PUBLIC WAY: A street, avenue, boulevard, alley, lane or thoroughfare open for public use.
B. Procedure For Closing Public Ways And Easements:
1. Application; Contents: Any person or corporation desiring to have a public way or easement closed within the corporate limits of the city shall submit a formal application to the planning and zoning commission. The application shall consist of:
a. A map showing the public way or easement the applicant wishes closed.
b. A statement why the applicant desires the closing and whether the public way or easement is presently being used or when it was last used by the public.
c. A list of all owners of record abutting the public way or easement or whose property is within three hundred feet (300') of the external boundary of said public way or easement, taken from the current year's tax rolls of the county treasurer and certified by a bonded abstracter.
d. A list of all franchisees and any others determined to have a special right or privilege granted by ordinance or legislative enactment to use the public way or easement.
e. Applicant shall provide this required information at its own expense. Unless the applicant is a public agency, the application should also be accompanied by a fee as set by resolution by the City Council.
2. Notice Of Public Hearing: The planning and zoning commission shall set a date for a public hearing on the application. The city clerk shall provide proper notice of the hearing to the public and to all property owners and franchisees. A minimum of thirty (30) days public notice prior to the hearing shall be published in the official newspaper of general circulation in the city. Written notice of the hearing shall be given to all property owners within three hundred feet (300'), all franchisees, and any others determined 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 the hearing on the application by mailing the notice to the last known address of each person entitled to notice.
3. Recommendation Of Commission: Following the public hearing, the planning and zoning commission shall determine whether it is necessary or expedient to close the public way or easement and make an appropriate recommendation to the city council for final consideration of the application.
4. Council Action: After considering the application, the mayor and council may disapprove the application or may pass an ordinance closing to the public use the public way or easement within the city if the city council deem such closure necessary or expedient.
5. City Authority; Certain Right Retained: Any ordinance closing a public way or easement shall state that the city retains the right to reopen the public way or easement whenever the city deems it necessary and that 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.
(Ord. 378, 6-29-2004; amd. Ord. 455, 8-22-2023)