A. Definitions: As used in this section, the following words and terms shall have the meanings ascribed to them in this subsection:
CLOSING: A legislative act of the Board of Trustees discontinuing the public use of a public way or easement without affecting title to real property.
EASEMENT: Right in real property as set forth in 60 Oklahoma Statutes section 48, as amended.
PUBLIC WAY: An avenue, street, boulevard, alley, lane, or thoroughfare open for public use. (2011 Code § 17-8)
B. Authority To Close: The Board of Trustees shall have the power by ordinance to close public use to any public way or easement within the Town whenever deemed necessary or expedient.
C. Notice: The Board of Trustees shall give written notice of any proposed closings of a public way or easement to any holder of a franchise or other deemed by the Board of Trustees to have a special right or privilege granted by ordinance 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.
D. Reopening: The Board of Trustees shall retain the absolute right to reopen the public way or easement without expense to the Board of Trustees. The Board of Trustees may reopen by:
1. Its own motion; or
2. Upon application of the property owners owning more than one- half (1/2) in area of the property abutting on the public way or easement previously closed.
E. Limitation On Effects Of Closing: 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 such closing affect private ways existing by operation of law unless released in writing executed by the owners thereof. (2011 Code § 17-9)