A.

As used in this article, the following terms shall have the meanings ascribed to them in this section:

1.

"Close" means a legislative act of the governing body of a city or town discontinuing the public use of a public way or easement without affecting title to real property;

2.

"Director" means the director of the planning department or his designated representative;

3.

"Easement" means rights in real property as set forth in Section 49 of Title 60 of the Oklahoma Statutes;

4.

"Public agency" means the city, state or federal government or any of their agencies or political subdivision; and

5.

"Public way" means a street, avenue, boulevard, alley, lane or thoroughfare open for public use.

State Law reference— Vacating plats and public ways, 11 O.S. Secs. 42-101 through 42-115.

A.

Any person desiring to have a public way or easement closed within the corporate limits of the city shall:

1.

Submit a written application to the city planning department on a form prescribed by the director and containing such information as prescribed therein;

2.

Submit an ownership list of all owners of record of property within three hundred (300) feet of that portion of the public way or easement to be closed. The ownership list shall be taken from the current year's tax rolls of the county treasurer; and

3.

Submit a map which reflects the public way or easement sought to be closed and the property lines for each owner appearing on the ownership list.

All applicants, except in the case of public agency, shall submit with their application a fee as provided in the fee schedule.

After the application has been submitted along with all requested information, the director shall make an investigation to determine the desirability of closing such public way or easement. Upon completion of the investigation, the director shall make such recommendations as he deems appropriate to the council.

If the council determines that an ordinance closing a public way or easement should be considered, it shall designate the date upon which such ordinance shall be considered and determine those holders of a franchise and others having a special right or privilege granted by ordinance or legislative enactment to use the public way or easement.

A.

Not less than thirty (30) days' written notice shall be given prior to the proposed enactment of an ordinance closing a public way or easement to those property owners whose names appear on the ownership list and any holder of a franchise and others determined by the council to have a special right or privilege granted by ordinance or legislative enactment to use the public way or easement. The notice shall be mailed to the last-known address of the party and will be deemed to have been given from the date it is mailed.

B.

Notice of the consideration of the proposed ordinance shall be given by at least one publication in a newspaper of general circulation in the city, not less than ten (10) days prior to the consideration of such ordinance. All costs of publication and notices shall be paid for by the applicant as provided in the fee schedule.

Upon consideration of an ordinance closing a public way or easement, the council may pass such ordinance in the same manner as other ordinances; however, if the closing of the public way or easement in question is protested by the property owners of one-half (½) or more of the total front footage on such public way or easement sought to be closed, it shall require an affirmative vote of not less than three-fourths (¾) of the council members to pass such ordinance.

The city shall retain the absolute right to reopen a public way or easement without expense to the municipality and may reopen by its own motion.

The closing of a 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.