Empathy List Archives

JM

Jon Miller

Tue, Nov 9, 2021 9:11 PM

Question for the group.

Zoning request will require construction of a bridge over a floodway. Can City agree to accept the dedication of the street but not accept the dedication of the bridge/drainage structure and leave that as the responsibility of the homeowners association?

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.

Question for the group. Zoning request will require construction of a bridge over a floodway. Can City agree to accept the dedication of the street but not accept the dedication of the bridge/drainage structure and leave that as the responsibility of the homeowners association? 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.

RK

Rick Knighton

Tue, Nov 9, 2021 9:13 PM

Then it would be private and the HOA could restrict access to the bridge.

This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

From: Jon Miller JMiller@cityofmustang.org
Sent: Tuesday, November 09, 2021 3:12 PM
To: oama (oama@lists.imla.org) oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] ZONING QUESTION

Question for the group.

Zoning request will require construction of a bridge over a floodway. Can City agree to accept the dedication of the street but not accept the dedication of the bridge/drainage structure and leave that as the responsibility of the homeowners association?

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.

Then it would be private and the HOA could restrict access to the bridge. Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | þ www.normanok.gov<http://www.normanok.gov/> This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message. From: Jon Miller <JMiller@cityofmustang.org> Sent: Tuesday, November 09, 2021 3:12 PM To: oama (oama@lists.imla.org) <oama@lists.imla.org> Subject: EXTERNAL EMAIL : [Oama] ZONING QUESTION Question for the group. Zoning request will require construction of a bridge over a floodway. Can City agree to accept the dedication of the street but not accept the dedication of the bridge/drainage structure and leave that as the responsibility of the homeowners association? 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.

DD

david davis

Tue, Nov 9, 2021 9:16 PM

In my opinion the city cannot be forced to accept the dedication of any public improvement for which it would be obligated to maintain. The bridge wouild be private and arguably the homeowner association could restrict access to the structure.

CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.com mailto:ddavislaw@live.com

From: Jon Miller JMiller@cityofmustang.org
Sent: Tuesday, November 9, 2021 3:11 PM
To: oama (oama@lists.imla.org) oama@lists.imla.org
Subject: [Oama] ZONING QUESTION

Question for the group.

Zoning request will require construction of a bridge over a floodway. Can City agree to accept the dedication of the street but not accept the dedication of the bridge/drainage structure and leave that as the responsibility of the homeowners association?

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.

In my opinion the city cannot be forced to accept the dedication of any public improvement for which it would be obligated to maintain. The bridge wouild be private and arguably the homeowner association could restrict access to the structure. CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message. s/ David A. Davis LAW OFFICE OF DAVID A. DAVIS 4312 N. Classen Blvd. OKLAHOMA CITY, OK 73118 405 840-6353 405 557-0777 (FAX) ddavislaw@live.com<mailto:ddavislaw@live.com> ________________________________ From: Jon Miller <JMiller@cityofmustang.org> Sent: Tuesday, November 9, 2021 3:11 PM To: oama (oama@lists.imla.org) <oama@lists.imla.org> Subject: [Oama] ZONING QUESTION Question for the group. Zoning request will require construction of a bridge over a floodway. Can City agree to accept the dedication of the street but not accept the dedication of the bridge/drainage structure and leave that as the responsibility of the homeowners association? 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.