This question comes up from time to time and I’ve never found a solid
answer.

11 O.S. § 36-113(A) provides (emphasis supplied):

[T]he board of county commissioners of any county . . . shall, by agreement
with the governing body of a municipality having a population less than five
thousand (5,000) persons, construct, improve, repair or maintain any of the
streets of the municipality.

I have some municipal governing body members who understand this to mean
what it says – the County Commissioners shall agree to maintain, repair,
etc. municipal streets.

I don’t know of any Board of County Commissioners that has agreed to take
responsibility for all maintenance, repair, etc. of municipal streets.

It looks like the Canadian County District Court entered an order on a case
dealing with this, but I haven’t been able to locate it.

Have any of you who represent municipalities with a population of less than
5,000 dealt with this issue?  I’d appreciate any insight.

Thank you,

Kim Spady

Delaware County maintains streets in Bernice and Rogers County maintains streets in Chelsea.  Both by agreement.  It is sometimes hard to get the County to respond, but my experience is that they eventually do.

Good Luck!

Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.commailto:apixley@soonerlaw.com
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From: Oama oama-bounces@lists.imla.org On Behalf Of Kimberlee Spady
Sent: Wednesday, September 9, 2020 2:50 PM
To: oama@lists.imla.org
Subject: [Oama] Street/Road Maintenance - County Obligation

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This question comes up from time to time and I've never found a solid answer.

11 O.S. § 36-113(A) provides (emphasis supplied):

[T]he board of county commissioners of any county . . . shall, by agreement with the governing body of a municipality having a population less than five thousand (5,000) persons, construct, improve, repair or maintain any of the streets of the municipality.

I have some municipal governing body members who understand this to mean what it says - the County Commissioners shall agree to maintain, repair, etc. municipal streets.

I don't know of any Board of County Commissioners that has agreed to take responsibility for all maintenance, repair, etc. of municipal streets.

It looks like the Canadian County District Court entered an order on a case dealing with this, but I haven't been able to locate it.

Have any of you who represent municipalities with a population of less than 5,000 dealt with this issue?  I'd appreciate any insight.

Thank you,
Kim Spady