Notwithstanding any other provision of this Code, in an effort to improve the structure of the municipal roadway system for the general betterment of the Mustang community and its residents, the city council is authorized to accept certain private streets and roadways for public use as public streets and roadways, not otherwise meeting the standards set forth in this Code for public streets and roadways, within the city boundaries, subject to the following conditions and terms:

(1)

This section shall apply only to private streets and roadways existing at the effective date of Ordinance No. 688.

(2)

A written request must be presented to the city council signed by at least 60 percent of the owners of the property to be considered. Property held in joint ownership shall only require one signature. A list of property owners within the territory to be considered, certified by an abstractor, must be submitted with the request.

(3)

All owners of the property to be considered must dedicate the easements to the city for public use, at no charge, of the type and width footage which would be required under this Code for comparable public streets and roadways, such determinations to be made by the city, which dedications shall be furnished to the city as a condition of final acceptance. However, it is specifically provided that such dedications will not be accepted by the city until and unless the property is approved for integration into the public street and roadway system.

(4)

Upon receipt of the request, the city department of community development and the city engineer will prepare a report to be presented to the city council which will include an assessment of the condition of the street or roadway, including, without limitation, whether the street or roadway is curbed and guttered, width, material of the surface and roadbed, factors related to safety for public travel, drainage matters, an estimate of the costs required to improve the street or roadway to meet the requirements of this Code, portions of Code requirements in which the proposed street or roadway is deficient, and any improvements or other work necessary to integrate the street or roadway with the public street system. Reimbursement to the city for costs incurred by the city for the work of the city engineer in excess of that required for routine reports may be required by the city as a condition of final acceptance.

(5)

If the conditions stated in this section are met, and if the city council determines that acceptance of the private street or roadway as a public street or roadway would serve the health, safety and welfare and general betterment of the city, then, upon a three-fourths vote of all members of the council, the council is authorized to accept the private street or roadway for public use.

(6)

Nothing in this section shall prevent the city council from imposing requirements for certain improvements as required by this Code upon the property owners prior to acceptance, nor shall this section prevent the city from accepting monies in lieu of the required improvements.

(7)

The decision of the city council shall be final.

(8)

Nothing in this section is intended or shall be construed to obligate the city council to accept any private street or roadway.

(Ord. No. 688, § 1, 6-16-1998)

(a)

The City of Mustang holds certain easements located within the SW/4 of the NW/4 of Section 27, Township 11 North, Range 5 West, I.M., Canadian County, Oklahoma, and covering areas lying within a parcel known as the Peachtree Village Addition, which easements are described as follows (and, collectively, are referred to herein as the "easements"), to wit:

(1)

Easement dated August 30, 1983, from Peachtree Partnership, Ltd. to the City of Mustang, and recorded in Book 1066, Page 832, of the records of the Canadian County Clerk, which easement grants a ten-foot wide utility easement over the property described therein;

(2)

Easement dated August 30, 1983, from Peachtree Partnership, Ltd. to the City of Mustang, and recorded in Book 1066, Page 828, of the records of the Canadian County Clerk, which easement grants a 24-foot fire lane easement over the property described therein;

(3)

Easement dated August 30, 1983, from Peachtree Partnership, Ltd. to the City of Mustang, and recorded in Book 1066, Page 830, of the records of the Canadian County Clerk, which easement grants a 24-foot fire lane easement over the property described therein;

(4)

Easement dated August 30, 1983, from Peachtree Partnership, Ltd. to the City of Mustang, and recorded in Book 1066, Page 834, of the records of the Canadian County Clerk, which easement grants a utility easement as shown on exhibit A thereto over the property described therein;

(5)

Easement dated June 21, 1983, from Peachtree Partnership, Ltd to the City of Mustang, and recorded in Book 1066, Page 836, of the records of the Canadian County Clerk, which easement grants of the Canadian County Clerk, which easement grants a utility easement as shown on the attached exhibit B across the property described therein; and,

(6)

Permanent easement dated May 1, 1984, from Peachtree Partnership, Ltd. to the City of Mustang, and recorded in Book 1118, Page 489, of the records of the Canadian County Clerk, which grants an easement over the property described therein for purposes of public utility lines.

(b)

The city has amended the zoning ordinances applicable to the Peachtree Village Addition to create a planned unit development therein and, pursuant thereto, some utilities and other uses for which the easements were granted will be relocated and rededicated pursuant to final plat. Therefore, the City of Mustang believes it to be necessary and expedient to vacate in their entirety the easements, except as set forth below.

(1)

The city shall retain and continue to use and enjoy a portion of the utility easement granted in that certain easement dated June 21, 1983, from Peachtree Partnership, Ltd. to the City of Mustang, and recorded in Book 1066, Page 836, of the records of the Canadian County Clerk, for the existing sanitary sewer line located therein, along a line described as follows, to wit: From the point of beginning as described in the easement, and continuing to a point N 0°20'08" E a distance of 345 feet, the reserved easement area shall include a 20-foot wide area along the interior side of the following line: N 89°52'19" E a distance of 290 feet; thence S 27°59'43" E a distance of 329.37 feet; thence S 06°20'00" E a distance of 355.00 feet.

(c)

At least 30 days' prior notice has been given by the city clerk to holders of franchises or others determined by the city council to have a special right or privilege to use the public way or easement, and to all owners of record, shown by the current year's tax rolls in the office of the county treasurer, abutting the public way or easement, and to owners of record of property within 300 feet of the subject property.

(d)

The City of Mustang reserves the absolute right to reopen the easements without expense to the city, and this section shall not affect the right to maintain, repair, reconstruct, operate or remove utilities, public service corporations, franchise holders, or transmission company facilities or services therein, nor shall such closing affect private ways existing by operation of law.

(e)

This section shall go into effect upon the latter of 30 days after its passage or the date the final plat for the Peachtree Village Addition is approved by the city council and is filed of record with the clerk of Canadian County.

(Ord. No. 999, § 1, 2-19-2008)

(a)

The City of Mustang holds a certain easement dated August 25, 1983, from Quentin L. Ploch and Judy K. Ploch to the City of Mustang, and recorded in Book 1058, Page 622, of the records of the Canadian County Clerk (the "easement"), which easement grants an easement for roadway purposes over the property described therein.

(b)

The city has never constructed or maintained a roadway over or upon said easement. Instead, the roadway constructed to serve the homes located near the easement was privately constructed and has been privately maintained by adjoining owners. Therefore, the City of Mustang believes it to be necessary and expedient to vacate in its entirety the easement.

(c)

At least 30 days prior notice has been given by the city clerk to holders of franchises or others determined by the city council to have a special right or privilege to use the public way or easement, and to all owners of record, as shown by the current year's tax rolls in the office of the county treasurer, abutting the public way or easement, and to owners of record of property within 300 feet of the subject property.

(d)

The City of Mustang reserves the absolute right to reopen the easements without expense to the city, and this ordinance shall not affect the right to maintain, repair, reconstruct, operate or remove utilities, public service corporations, franchise holders, or transmission company facilities or services therein, nor shall such closing affect private ways existing by operation of law.

(e)

This section shall go into effect 30 days after its passage.

(Ord. No. 1034, § 1, 1-19-2010)

(a)

The City of Mustang holds a certain easement dated November 17, 2003, from Cury Development, L.P. to the City of Mustang, and recorded in Book 2860, Page 636, of the records of the Canadian County Clerk (the "easement"), which easement grants an easement for constructing, maintaining and operating a sewer lift station on the property described therein.

(b)

The city constructed a sewer lift station on the property covered by the easement, but later removed the lift station after determining it was not needed by the city. The City of Mustang believes it to be necessary and expedient to vacate in its entirety the easement.

(c)

At least 30 days prior notice has been given by the city clerk to holders of franchises or others determined by the city council to have a special right or privilege to use the public way or easement, and to all owners of record, as shown by the current year's tax rolls in the office of the county treasurer, abutting the public way or easement, and to owners of record of property within 300 feet of the subject property.

(d)

The City of Mustang reserves the absolute right to reopen the easement without expense to the city, and this ordinance shall not affect the right to maintain, repair, reconstruct, operate or remove utilities, public service corporations, franchise holders, or transmission company facilities or services therein, nor shall such closing affect private ways existing by operation of law.

(e)

This section shall go into effect 30 days after its passage.

(Ord. No. 1090, § 1, 9-3-2013)

(a)

The City of Mustang holds a certain easement dated October 19, 2000, from Phoenix Health Services, Inc., to the City of Mustang, and recorded in Book 2403, Page 246, of the records of the Canadian County Clerk (the "easement"), which easement grants an easement for constructing, maintaining and operating utilities and other public purposes.

(b)

The easement contains an incorrect legal description, and therefore fails to properly describe the property to be covered by the easement. The City of Mustang believes it to be necessary and expedient to vacate in its entirety the easement, and to take and receive a new easement from the successor owner providing a correct legal description.

(c)

At least 30 days prior notice has been given by the city clerk to holders of franchises or others determined by the city council to have a special right or privilege to use the public way or easement, and to all owners of record, as shown by the current year's tax rolls in the office of the county treasurer, abutting the public way or easement, and to owners of record of property within 300 feet of the subject property.

(d)

The City of Mustang reserves the absolute right to reopen the easement without expense to the city, and this section shall not affect the right to maintain, repair, reconstruct, operate or remove utilities, public service corporations, franchise holders, or transmission company facilities or services therein, nor shall such closing affect private ways existing by operation of law.

(e)

This section shall go into effect 30 days after its passage.

(Ord. No. 1119, § 1, 1-6-2015)

(a)

The Final Plat for Magnolia Trace Phase 1, an addition to the City of Mustang, was recorded on May 20, 2004, with the county clerk of Canadian County, State of Oklahoma (hereinafter, the "plat").

(b)

Pursuant to ordinances of the City of Mustang, and by operation of law, the plat dedicated to the City of Mustang, and the City of Mustang accepted the public dedication of, interalia, a utility easement ranging in depth from 15 to approximately 60 feet along the south and southwestern edge of Lot 3, Block 1, Magnolia Trace Phase 1 (hereinafter, the "easement"), and more particularly described as follows:

A tract of land lying in the Northeast Quarter (NE/4) of Section 29, Township 11 North, Range 5 West, I.M., same being a portion of Lot 3, Block 1, Magnolia Trace Phase 1, according to the records plat thereof, being more particularly described by metes and bounds as follows:

Commencing at the Western most corner of said Lot 3, Block 1; thence S35°26'02"E along the boundary line of said plat a distance of 75.20 feet to the point of beginning; thence, N33°08'26"E a distance of 58.31 feet; thence, S19°30'11"E a distance of 135.20 feet; thence, S86°48'07"E a distance of 164.79 feet; thence, S30°42'19"W a distance of 22.55 feet; thence, N86°48'07"W a distance of 160.37 feet; thence, N35°26'02"W a distance of 120.59 feet to the point of beginning.

(c)

The owners of Lot 3, Block 1, Magnolia Trace Phase 1, intend to acquire adjacent property and expand their rear and side year, and request that the easement be vacated to accommodate the expansion of their yard.

(d)

The City of Mustang does not currently occupy the easement for utility purposes, and has no future intentions to use the easement for the provision of utility services. Lot 3, Block 1, Magnolia Trace Phase 1 obtains utility service from a 70-foot utility easement along the Northwestern edge of that lot, and the area to the south and west of that lot is a private common area which does not require public services. The City of Mustang believes it to be necessary and expedient to, and hereby does, vacate the easement.

(e)

At least 30 days' prior notice has been given by the city clerk to holders of franchises or others determined by the city council to have a special right or privilege to use the public way or easement, and to all owners of record, as shown by the current year's tax rolls in the office of the county treasurer, abutting the public way or easement, and to owners of record of property within 300 feet of the subject property.

(f)

The City of Mustang reserves the absolute right to reopen the easement without expense to the city, and this section shall not affect the right to maintain, repair, reconstruct, operate or remove utilities, public service corporations, franchise holders, or transmission company facilities or services therein, nor shall such closing affect private ways existing by operation of law.

(g)

This section shall go into effect 30 days after its passage.

(Ord. No. 1145, § 1, 5-2-2017)

(a)

The final plat for Mitchell Addition, an addition to the City of Mustang, was recorded on April 28, 1962, with the county clerk of Canadian County, State of Oklahoma (hereinafter, the "plat").

(b)

Pursuant to ordinances of the City of Mustang, and by operation of law, the plat dedicated to the City of Mustang, and the City of Mustang accepted the public dedication of, interalia, an easement for street purposes, which easement extends south of the terminus point of South Mitchell Lane, with a width of 60 feet and a length of approximately 299.5 feet along the east side of said Lot 8 (hereinafter, the "easement"), and more particularly described as follows:

A tract of land being a part of Mitchell Addition, an addition to Mustang, Canadian County, Oklahoma, according to the recorded plat thereof, being more particularly described as follows:

Commencing at the Northeast Corner of Lot 8, Mitchell Addition; thence N 89°58'39" E along a distance of 30.00 feet to the centerline of South Mitchell Lane said point being the point of beginning; thence, N 89°58'39" E along a distance of 30.00 feet to a point on the East line of the recorded plat of Mitchell Addition; thence, S 00°17'36" E along the East line of said recorded plat of Mitchell Addition, a distance of 299.52 feet to the Southeast corner of said recorded plat of Mitchell Addition; thence, N 90°00'00" W along the South line of said recorded plat of Mitchell Addition, a distance of 30.00 feet to a point on the centerline of South Mitchell Lane; thence, N 00°17'36" W along the centerline of South Mitchell Lane, a distance of 299.51 feet to the point of beginning.

Said tract having an area of 8985.53 square feet, 0.206 acres, more or less.

-and-

A tract of land being a part of Mitchell Addition, an addition to Mustang, Canadian County, Oklahoma, according to the recorded plat thereof, being more particularly described as follows:

Beginning at the Northeast Corner of Lot 8, Mitchell Addition; thence N 89°58'39" E along a distance of 30.00 feet to the centerline of South Mitchell Lane; thence, S 00°17'36" E along the centerline of South Mitchell Lane, a distance of 299.51 feet to a point on the South line of said Mitchell Addition; thence, N 90°00'00" W along the South line of said Mitchell Addition, a distance of 30.00 feet to the Southeast corner of said Lot 8; thence, N 00°17'36" W along the East line of said Lot 8, a distance of 299.50 feet to the point of beginning.

Said tract having an area of 8985.18 square feet, 0.206 acres, more or less.

(c)

The South 299.50 feet of South Mitchell Lane has not been completed as a street, the City of Mustang does not currently occupy the easement for utility purposes, and has no future intentions to use the easement. The City of Mustang believes it to be necessary and expedient to, and hereby does, vacate the easement.

(d)

At least 30 days' prior notice has been given by the city clerk to holders of franchises or others determined by the city council to have a special right or privilege to use the public way or easement, and to all owners of record, as shown by the current year's tax rolls in the office of the county treasurer, abutting the public way or easement, and to owners of record of property within 300 feet of the easement.

(e)

The City of Mustang reserves the absolute right to reopen the easement without expense to the city, and this section shall not affect the right to maintain, repair, reconstruct, operate or remove utilities, public service corporations, franchise holders, or transmission company facilities or services therein, nor shall such closing affect private ways existing by operation of law.

(Ord. No. 1150, § 1, 8-1-2017)

There is created a planning commission of the city. The commission shall be composed of seven members, all of whom shall be appointed by the governing body. Members may be removed by the governing body for the good of the service. At least one member shall be appointed from each ward, when possible, and one member at-large. Such members shall be recommended for appointment by the council member who represents the ward and appointed by the mayor, with the approval of the city council. The members of the commission shall be appointed solely with reference to their fitness and without reference to party affiliation and shall serve without compensation. Members shall hold office for terms of three years or until their successors take office.

(Code 1977, § 2.44.010; Ord. No. 909, § 1, 7-20-2004)

State Law reference— Planning commission authorized, 11 O.S. § 45-101; planning commission membership, 11 O.S. § 45-102.

Four members of the planning commission shall constitute a quorum for the transaction of business; provided, however, that no action shall be taken which is binding upon the planning commission unless concurred in by not less than a majority of all members composing the planning commission. No action may be taken in the absence of a quorum, except to adjourn the meeting to a subsequent date.

(Code 1977, § 2.44.020)

The planning commission shall elect a chairperson, a vice-chairperson and a secretary, and may create and fill such other offices as it deems necessary. The term of the chairperson, vice-chairperson and secretary shall be one year, with eligibility for reelection. The planning commission shall adopt rules for the transaction of business, and shall keep a record of its regulations, transactions, findings and determinations, which shall be a public record.

(Code 1977, § 2.44.030)

(a)

General powers and duties. The planning commission shall from time to time prepare, amend, alter and extend plans for the betterment and enjoyment of residents of the city as a place of residence or for business and make such recommendations to the city council. It may consider and investigate any subject matter tending to the development and betterment of the city and make recommendations as it may deem advisable, concerning the adoption thereof, to the city council, and for any purpose make or cause to be made surveys, maps or plans. The planning commission shall have such other duties and powers as set forth in this section.

(b)

Engagement and payment of staff and consultants. The planning commission shall have the power and authority to engage planners, engineers, attorneys and clerks and such other consultants deemed necessary, subject to approval of the city council, as the compensation of any planning commission consultants shall be fixed by the city council and shall be paid out of the city treasury.

(c)

The comprehensive plan. The comprehensive plan shall be developed and amended with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the city and its environs which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provisions for traffic, the promotion of safety from fire and other damages, adequate provision for light and air, the promotion of healthful and convenient distribution of population, and the promotion of good civic design and arrangement, and wise and efficient expenditures of public funds. In the preparation and proposed amendments to the comprehensive plan, the planning commission shall make careful comprehensive surveys and studies of present conditions and future growth of the city, with due regard to its relation to neighboring territory. The planning commission shall make its recommendations for development or amendment of the comprehensive plan to the city council.

(d)

Subdivision of land. The planning commission may prepare and recommend to the council for adoption of rules and regulations governing the subdivision of land within the corporate limits of the city. All plans, plats and replats of land laid out in two or more lots, plats or parcels, or streets, alleys or other ways intended to be dedicated to public use within the corporate limits of the city shall first be submitted to the planning commission for its recommendations. The planning commission shall, with the help of appropriate municipal officials, check the proposed dedications or subdivisions of land to ensure compliance with the rules and regulations governing subdivisions of land and with other elements of the comprehensive plan for the city. The disapproval of any such plan, plat or replat by the council shall be deemed a refusal of the dedications shown thereon. No plat or replat of subdivisions of land or dedication of streets or alleys or other easements shall be entitled to record unless it bears the signature of the mayor, attested by the city clerk, certifying the approval and acceptance thereof by the council.

(e)

Zoning commission. The planning commission shall also act as the zoning commission which shall have the power to prepare and to recommend to the council for adoption a zoning plan to regulate and restrict height, number of stories and the size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other buildings, structures and land for trade, industry, residences and other purposes.

(f)

Specific use permits. The planning commission shall have the power to review and make recommendation to the council on applications for specific uses listed in sections 122-212, 122-241, 122-472 and 122-641 of the district regulations, utilizing the procedures set forth under section 122-57, et seq.

(g)

Uniformity of regulations. The planning commission may recommend the division of the city into districts of such number, size and area as may be deemed best suited to carry out the zoning plan. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts.

(Code 1977, § 2.44.040; Ord. No. 1023, § 3, 6-16-2009; Ord. No. 1218, § 9, 2-2-2021)

State Law reference— Powers and duties of planning commission, 11 O.S. § 45-103 et seq.