The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Close means an ordinance of the city council enacted in accordance with the requirements hereafter set forth, discontinuing the public use of a public way or easement without affecting title to real property.

Easement means rights in real property as defined in 60 O.S. § 49 as presently existing or as may be hereafter amended.

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

(Code 1993, § 62-56; Ord. No. 1871, § 1(21.21), 8-27-1991)

(a)

A petition for the closing of any public way or easement within the city shall be filed with the planning commission by any owner of property abutting the way petitioned to be closed, or his duly authorized representative, on a standard form furnished by the planning commission. All petitions for closing of a public way or easement shall be accompanied by a sketch, plan or copy of a map of the area surrounding the street, way or easement to be closed, drawn to approximate scale, showing the land of all abutting property owners, their names and mailing addresses.

(b)

The applicant shall be also required to secure from a bonded abstractor, a plat of the area involved, the names and addresses of the owners of record, all within 300 feet of the proposed change. Upon receipt by the building official of the plat, notice shall be sent by certified mail, return receipt requested, to all property owners of record within that 300 feet.

(Code 1993, § 62-57; Ord. No. 1871, § 1(21.22), 8-27-1991)

(a)

Upon the filing of petition for closing, the property owner, or his duly authorized representative, shall pay a filing fee to the planning commission. All fees collected by the planning commission shall be deposited with the city treasurer and credited to the general fund of the city. The fees and expenses as provided in chapter 48 for all public notices pursuant to such petition shall be paid by the petitioner or his duly authorized representation.

(b)

All fees collected by the planning department shall be deposited with the city treasurer and credited to the fund designated by the city.

(Code 1993, § 62-58; Ord. No. 1871, § 1(21.23), 8-27-1991; Ord. No. 2166, § 1, 7-8-2003)

The planning commission shall hold one or more public hearings upon a petition filed under this article, notice of which shall be given by the commission as follows:

(1)

Where a petition is filed to close an alleyway, notice of the hearing before the planning commission shall be given by mail to all owners of property abutting the alleyway, except such property owners as may have signed the petition to close the alleyway, by certified mail not less than 15 days nor more than 30 days prior to the hearing, provided that where the notice cannot for any reason be given by mail, notice shall be given by publication in a newspaper of general circulation in the city one time, not less than 15 days and not more than 30 days prior to such public hearing.

(2)

Where a petition is filed to close a public street or easement, notice of the hearing shall be given by certified mail, return receipt requested, to all property owners owning property abutting upon the public street or easement in the area sought to be closed, and such other owners of record whose property is within 300 feet in any direction from the public way or easement sought to be closed, and by publication of the notice in a newspaper of general circulation in the city not less than 15 days and not more than 30 days prior to the public hearing.

(3)

The planning commission 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 planning commission to have a special right or privilege granted by ordinance or legislative enactment to use the public way or easement at least 30 days prior to a public hearing held upon the petition for closing.

(Code 1993, § 62-59; Ord. No. 1871, § 1(21.24), 8-27-1991)

The closing of a public way or easement shall not affect the right to maintain, repair, reconstruct, operate or remove utility, public service company or transmission company facilities or services therein, nor shall such closing affect private ways existing by operation of law, unless released in writing executed by the owners thereof.

(Code 1993, § 62-60; Ord. No. 1871, § 1(21.25), 8-27-1991)

The city hereby retains the absolute right to reopen a public way or easement which has been closed, without expense to the city, and the same may be reopened by:

(1)

Resolution of the city council upon its own motion; or

(2)

Upon application of the property owners owning more than one-half in area of the property abutting on the public way or easement previously closed.

(Code 1993, § 62-61; Ord. No. 1871, § 1(21.26), 8-27-1991)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Easement means rights in real property as defined in 60 O.S. § 49, as presently existing or as may be hereafter amended.

Open means an ordinance of the city council enacted in accordance with the requirements hereafter set forth, designating for public use a public way or easement by dedication of such way or easement by property owner or owners desiring that such way be opened.

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

(Code 1993, § 62-81; Ord. No. 1871, § 1(21.31), 8-27-1991)

Petition for the opening of any public way or easement within the municipal limits of the city shall hereafter be filed with the planning commission by any owner of property dedicating the way petitioned to be opened or his duly authorized representative, on a standard form furnished by the commission. All petitions for opening of a public way or easement shall be accompanied by a sketch, plan or copy of a map of the area surrounding the street, way or easement to be opened, drawn to approximate scale showing the land of all abutting property owners, their names and mailing addresses.

(Code 1993, § 62-82; Ord. No. 1871, § 1(21.32), 8-27-1991)

Upon the filing of petition for opening, the property owner or his duly authorized representative shall pay the appropriately designated filing fee as provided in chapter 48 to the planning commission. All fees collected by the planning commission shall be deposited with the city treasurer and credited to the general fund of the city. In addition thereto, the fees and expenses for all public notices herein required pursuant to such petition shall be paid by the petitioner or his duly authorized representative.

(Code 1993, § 62-83; Ord. No. 1871, § 1(21.33), 8-27-1991)

A petition as filed under this division shall comply with and be governed by the subdivision standards and regulations in this article.

(Code 1993, § 62-84; Ord. No. 1871, § 1(21.34), 8-27-1991)

The city hereby retains the absolute right to close the public way or easement without expense to the city and the same may be closed by:

(1)

Resolution of the city council upon its own motion; or

(2)

Upon application of the property owners owing more than one-half in area of the property abutting on the public way or easement and in accordance with article III of chapter 94.

(Code 1993, § 62-85; Ord. No. 1871, § 1(21.35), 8-27-1991)