Empathy List Archives

KU

Ken Underwood

Fri, Jan 13, 2023 3:20 PM

Good morning to all.

I am reviewing a citizen's request to dedicate a roadway to the city and I do not appear to have a process for this in my city.

Can anyone provide me with guidelines or citations of authority governing a citizen's right to dedicate a roadway to the city?

Thank you kindly and have a great weekend.

Ken Ray Underwood
Attorney at Law
The Beacon Building
406 S. Boulder Ave., Suite 640
Tulsa, OK 74103
Phone: 918-582-7447
Fax: 918-582-0166
Ken@ulawok.com mailto:Ken@ulawok.com
www.ulawok.com http://www.ulawok.com/
CONFIDENTIALITY NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the use of the intended recipient. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (918) 582-7447, or by electronic mail to ken@ulawok.com mailto:kenunderwood@tulsacoxmail.com, and delete this message and all copies and backups thereof. Thank you.

Good morning to all. I am reviewing a citizen's request to dedicate a roadway to the city and I do not appear to have a process for this in my city. Can anyone provide me with guidelines or citations of authority governing a citizen's right to dedicate a roadway to the city? Thank you kindly and have a great weekend. Ken Ray Underwood Attorney at Law The Beacon Building 406 S. Boulder Ave., Suite 640 Tulsa, OK 74103 Phone: 918-582-7447 Fax: 918-582-0166 Ken@ulawok.com<mailto:Ken@ulawok.com> www.ulawok.com<http://www.ulawok.com/> CONFIDENTIALITY NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the use of the intended recipient. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (918) 582-7447, or by electronic mail to ken@ulawok.com<mailto:kenunderwood@tulsacoxmail.com>, and delete this message and all copies and backups thereof. Thank you.

MR

Mark Ramsey

Fri, Jan 13, 2023 3:32 PM

Ken,

I don't have any helpful forms, but I would be careful because a dedication carries with it the obligation to maintain the road. Years ago (well over 20), the City of Claremore rejected several dedications because the roads were poorly built. I do not know of any "right" to dedicate land to the City.

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.com mailto:apixley@soonerlaw.com
The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.com mailto:postmaster@soonerlaw.com and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you.

From: Ken Underwood ken@ulawok.com
Sent: Friday, January 13, 2023 9:20 AM
To: OAMA luistserv (OAMA@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Underwood request for input on Citizen request to dedicate roadway to city

Notice: This email is from an external source. Do not open attachments or click on links from unknown senders or unexpected e-mail.

Good morning to all.

I am reviewing a citizen's request to dedicate a roadway to the city and I do not appear to have a process for this in my city.

Can anyone provide me with guidelines or citations of authority governing a citizen's right to dedicate a roadway to the city?

Thank you kindly and have a great weekend.

Ken Ray Underwood
Attorney at Law
The Beacon Building
406 S. Boulder Ave., Suite 640
Tulsa, OK 74103
Phone: 918-582-7447
Fax: 918-582-0166
Ken@ulawok.com mailto:Ken@ulawok.com
www.ulawok.com https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.ulawok.com%2f&c=E,1,ayPhopIuLq3QXv-NqlNgpX3vDhE9PL2zVVDhp_qfm5DONVULfB9F3Kv9OQzwH7XjJoqp6_0pCiy2CZLn0eEmW5a_bXw4UWBCrmTL-Mf1JqUSdoc359YL&typo=1
CONFIDENTIALITY NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the use of the intended recipient. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (918) 582-7447, or by electronic mail to ken@ulawok.com mailto:kenunderwood@tulsacoxmail.com, and delete this message and all copies and backups thereof. Thank you.

Ken, I don't have any helpful forms, but I would be careful because a dedication carries with it the obligation to maintain the road. Years ago (well over 20), the City of Claremore rejected several dedications because the roads were poorly built. I do not know of any "right" to dedicate land to the City. 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.com<mailto:apixley@soonerlaw.com> The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.com<mailto:postmaster@soonerlaw.com> and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you. From: Ken Underwood <ken@ulawok.com> Sent: Friday, January 13, 2023 9:20 AM To: OAMA luistserv (OAMA@lists.imla.org) <oama@lists.imla.org> Subject: [Oama] Underwood request for input on Citizen request to dedicate roadway to city Notice: This email is from an external source. Do not open attachments or click on links from unknown senders or unexpected e-mail. ________________________________ Good morning to all. I am reviewing a citizen's request to dedicate a roadway to the city and I do not appear to have a process for this in my city. Can anyone provide me with guidelines or citations of authority governing a citizen's right to dedicate a roadway to the city? Thank you kindly and have a great weekend. Ken Ray Underwood Attorney at Law The Beacon Building 406 S. Boulder Ave., Suite 640 Tulsa, OK 74103 Phone: 918-582-7447 Fax: 918-582-0166 Ken@ulawok.com<mailto:Ken@ulawok.com> www.ulawok.com<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.ulawok.com%2f&c=E,1,ayPhopIuLq3QXv-NqlNgpX3vDhE9PL2zVVDhp_qfm5DONVULfB9F3Kv9OQzwH7XjJoqp6_0pCiy2CZLn0eEmW5a_bXw4UWBCrmTL-Mf1JqUSdoc359YL&typo=1> CONFIDENTIALITY NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the use of the intended recipient. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (918) 582-7447, or by electronic mail to ken@ulawok.com<mailto:kenunderwood@tulsacoxmail.com>, and delete this message and all copies and backups thereof. Thank you.

JM

Jon Miller

Fri, Jan 13, 2023 3:53 PM

Generally, whether to accept a dedication of a roadway is a legislative function of the city council. A party cannot force a city to accept responsibility for maintaining a private roadway. If the City staff, upon review, determines that having the road as a public road is beneficial to the city and the city wants to proceed forward with accepting a dedication, then how it proceeds will depend on who the road services. If the road services a housing addition, then under our ordinances at least 60% of the property owners must agree to make the road a public road. Absent that, the city would not move forward. Also, for an existing private roadway the city will generally require that the road be inspected and brought up to current standards, be inspected by city inspectors, and a maintenance bond may be required. The City may also require payment of a fee to cover the costs of future maintenance. The City has not been requested to or accepted a private roadway in many years. Often, a private roadway only benefits the addition in which it was constructed or provides limited benefit to the city as whole. Our code contains provisions for private roadways that make certain the city has access for emergency services purposes.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

From: Ken Underwood ken@ulawok.com
Sent: Friday, January 13, 2023 9:20 AM
To: OAMA luistserv (OAMA@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Underwood request for input on Citizen request to dedicate roadway to city

Good morning to all.

I am reviewing a citizen's request to dedicate a roadway to the city and I do not appear to have a process for this in my city.

Can anyone provide me with guidelines or citations of authority governing a citizen's right to dedicate a roadway to the city?

Thank you kindly and have a great weekend.

Ken Ray Underwood
Attorney at Law
The Beacon Building
406 S. Boulder Ave., Suite 640
Tulsa, OK 74103
Phone: 918-582-7447
Fax: 918-582-0166
Ken@ulawok.com mailto:Ken@ulawok.com
www.ulawok.com https://us-west-2.protection.sophos.com?d=ulawok.com&u=aHR0cDovL3d3dy51bGF3b2suY29tLw==&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=VmViekJVU1FDeDl6RWs2Tm1ObC9KQjEyZDJPRWdCSURmRGdMQ0loeCt3WT0=&h=7860df73e7ab4c369056c07b4f249874&s=AVNPUEhUT0NFTkNSWVBUSVYwiDSt18cnlPbW9bTFlV1ZfummaworVCN8q0WfxCo9ips1Os8sxFMJXNGwWU_9nWuO1pVEpCvAYoNQNMfqAtzH
CONFIDENTIALITY NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the use of the intended recipient. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (918) 582-7447, or by electronic mail to ken@ulawok.com mailto:kenunderwood@tulsacoxmail.com, and delete this message and all copies and backups thereof. Thank you.

Generally, whether to accept a dedication of a roadway is a legislative function of the city council. A party cannot force a city to accept responsibility for maintaining a private roadway. If the City staff, upon review, determines that having the road as a public road is beneficial to the city and the city wants to proceed forward with accepting a dedication, then how it proceeds will depend on who the road services. If the road services a housing addition, then under our ordinances at least 60% of the property owners must agree to make the road a public road. Absent that, the city would not move forward. Also, for an existing private roadway the city will generally require that the road be inspected and brought up to current standards, be inspected by city inspectors, and a maintenance bond may be required. The City may also require payment of a fee to cover the costs of future maintenance. The City has not been requested to or accepted a private roadway in many years. Often, a private roadway only benefits the addition in which it was constructed or provides limited benefit to the city as whole. Our code contains provisions for private roadways that make certain the city has access for emergency services purposes. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. From: Ken Underwood <ken@ulawok.com> Sent: Friday, January 13, 2023 9:20 AM To: OAMA luistserv (OAMA@lists.imla.org) <oama@lists.imla.org> Subject: [Oama] Underwood request for input on Citizen request to dedicate roadway to city Good morning to all. I am reviewing a citizen's request to dedicate a roadway to the city and I do not appear to have a process for this in my city. Can anyone provide me with guidelines or citations of authority governing a citizen's right to dedicate a roadway to the city? Thank you kindly and have a great weekend. Ken Ray Underwood Attorney at Law The Beacon Building 406 S. Boulder Ave., Suite 640 Tulsa, OK 74103 Phone: 918-582-7447 Fax: 918-582-0166 Ken@ulawok.com<mailto:Ken@ulawok.com> www.ulawok.com<https://us-west-2.protection.sophos.com?d=ulawok.com&u=aHR0cDovL3d3dy51bGF3b2suY29tLw==&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=VmViekJVU1FDeDl6RWs2Tm1ObC9KQjEyZDJPRWdCSURmRGdMQ0loeCt3WT0=&h=7860df73e7ab4c369056c07b4f249874&s=AVNPUEhUT0NFTkNSWVBUSVYwiDSt18cnlPbW9bTFlV1ZfummaworVCN8q0WfxCo9ips1Os8sxFMJXNGwWU_9nWuO1pVEpCvAYoNQNMfqAtzH> CONFIDENTIALITY NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the use of the intended recipient. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (918) 582-7447, or by electronic mail to ken@ulawok.com<mailto:kenunderwood@tulsacoxmail.com>, and delete this message and all copies and backups thereof. Thank you.