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Oklahoma Association of Municipal Attorneys

County Maintenance of City Streets

Tammy Ewing

Wed, Jun 12, 2024 6:04 PM

All,

11 O.S. 36-113,A. provides: "The Department of Transportation may, or the board of county commissioners of any county or federally recognized tribal government 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 a small city that had an annual agreement with its county whereby the county was supposed to provide 80 hours of labor and $5,000 to the city. The county is in violation of that agreement, but that's not my question.

I have found a few cases and AG Opinions re: this statute, but they don't address the extent to which a county is required to "construct, improve, repair or maintain" a small city's streets. Does anyone have an opinion re: the interpretation of this statute? Has anyone convinced their county the statute requires them to "do more"?

Are streets in any other small Oklahoma city or town being constructed, maintained, etc. completely by the county? What have other small cities or towns been able to obtain from their counties? Does anyone have a sample annual contract they can share?

I appreciate you all!

Tammy

[cid:image001.jpg@01DABCB1.CFA71D80]
Tammy Ewing
Attorney & Mediator
Ewing Law Office, PLLC

Phone: (918) 752-9550
Email: tammy@ewing.legal mailto:tammy@ewing.legal
Website : ewing.legalhttp://www.ewing.legal/
1536 East 59th Place
Tulsa, Oklahoma 74105

Now Scheduling Mediations through DRC!
http://www.drc-ok.com/scheduling

All, 11 O.S. 36-113,A. provides: "The Department of Transportation may, or the board of county commissioners of any county or federally recognized tribal government 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 a small city that had an annual agreement with its county whereby the county was supposed to provide 80 hours of labor and $5,000 to the city. The county is in violation of that agreement, but that's not my question. I have found a few cases and AG Opinions re: this statute, but they don't address the extent to which a county is required to "construct, improve, repair or maintain" a small city's streets. Does anyone have an opinion re: the interpretation of this statute? Has anyone convinced their county the statute requires them to "do more"? Are streets in any other small Oklahoma city or town being constructed, maintained, etc. completely by the county? What have other small cities or towns been able to obtain from their counties? Does anyone have a sample annual contract they can share? I appreciate you all! Tammy [cid:image001.jpg@01DABCB1.CFA71D80] Tammy Ewing Attorney & Mediator Ewing Law Office, PLLC Phone: (918) 752-9550 Email: tammy@ewing.legal<mailto:tammy@ewing.legal> Website : ewing.legal<http://www.ewing.legal/> 1536 East 59th Place Tulsa, Oklahoma 74105 Now Scheduling Mediations through DRC! http://www.drc-ok.com/scheduling

Daniel McClure

Wed, Jun 12, 2024 6:35 PM

Looking forward to someone solving this. Every time I have had this come up the County has said they SHALL do what they AGREE to do. Its an illogical circle.

I have in three different Counties had municipalities pay for the supplies/materials and the County will do the labor at no cost to the municipality. We just coordinate on scheduling. Never seen anything better than that.

Daniel

From: Tammy Ewing via Oama oama@lists.imla.org
Date: Wednesday, June 12, 2024 at 1:19 PM
To: OAMA@lists.imla.org oama@lists.imla.org
Subject: [Oama] County Maintenance of City Streets
All,

11 O.S. 36-113,A. provides: “The Department of Transportation may, or the board of county commissioners of any county or federally recognized tribal government 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 a small city that had an annual agreement with its county whereby the county was supposed to provide 80 hours of labor and $5,000 to the city. The county is in violation of that agreement, but that’s not my question.

I have found a few cases and AG Opinions re: this statute, but they don’t address the extent to which a county is required to “construct, improve, repair or maintain” a small city’s streets. Does anyone have an opinion re: the interpretation of this statute? Has anyone convinced their county the statute requires them to “do more”?

I appreciate you all!

Tammy

[cid:image001.jpg@01DABCB1.CFA71D80]
Tammy Ewing
Attorney & Mediator
Ewing Law Office, PLLC

Phone: (918) 752-9550
Email: tammy@ewing.legal mailto:tammy@ewing.legal
Website : ewing.legalhttp://www.ewing.legal/
1536 East 59th Place
Tulsa, Oklahoma 74105

Now Scheduling Mediations through DRC!
http://www.drc-ok.com/scheduling

Looking forward to someone solving this. Every time I have had this come up the County has said they SHALL do what they AGREE to do. Its an illogical circle. I have in three different Counties had municipalities pay for the supplies/materials and the County will do the labor at no cost to the municipality. We just coordinate on scheduling. Never seen anything better than that. Daniel From: Tammy Ewing via Oama <oama@lists.imla.org> Date: Wednesday, June 12, 2024 at 1:19 PM To: OAMA@lists.imla.org <oama@lists.imla.org> Subject: [Oama] County Maintenance of City Streets All, 11 O.S. 36-113,A. provides: “The Department of Transportation may, or the board of county commissioners of any county or federally recognized tribal government 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 a small city that had an annual agreement with its county whereby the county was supposed to provide 80 hours of labor and $5,000 to the city. The county is in violation of that agreement, but that’s not my question. I have found a few cases and AG Opinions re: this statute, but they don’t address the extent to which a county is required to “construct, improve, repair or maintain” a small city’s streets. Does anyone have an opinion re: the interpretation of this statute? Has anyone convinced their county the statute requires them to “do more”? Are streets in any other small Oklahoma city or town being constructed, maintained, etc. completely by the county? What have other small cities or towns been able to obtain from their counties? Does anyone have a sample annual contract they can share? I appreciate you all! Tammy [cid:image001.jpg@01DABCB1.CFA71D80] Tammy Ewing Attorney & Mediator Ewing Law Office, PLLC Phone: (918) 752-9550 Email: tammy@ewing.legal<mailto:tammy@ewing.legal> Website : ewing.legal<http://www.ewing.legal/> 1536 East 59th Place Tulsa, Oklahoma 74105 Now Scheduling Mediations through DRC! http://www.drc-ok.com/scheduling