Group:

I have asked this in the past but need to again due to a lengthy hospital stay and not seeing any responses previously.

Does anyone have any idea on how to get a Town’s founding documents?

I have tried the Secretary of State, the National archive registry in Dallas to no avail.

I have been told about an attorney opinion letter but don’t have a lot of info about that.

Thanks in advance.

Larry Vickers, Jr. Attorney At Law, P.L.L.C.

www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900

Here is the attorney opinion option letter I prepared.  This worked with OWRB.

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.commailto:ddavislaw@live.com

From: Larry Vickers larry@lvickerslaw.com
Sent: Tuesday, April 18, 2023 2:48 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Town’s Founding Documents

Group:

I have asked this in the past but need to again due to a lengthy hospital stay and not seeing any responses previously.

Does anyone have any idea on how to get a Town’s founding documents?

I have tried the Secretary of State, the National archive registry in Dallas to no avail.

I have been told about an attorney opinion letter but don’t have a lot of info about that.

Thanks in advance.

Larry Vickers, Jr. Attorney At Law, P.L.L.C.

www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900

The Oklahoma Historical Society has indexes of the cases that should be at the National Archive on microfiche. That might help if you think that it should be at the National Archive but they couldn’t locate it. You might try to find old newspaper articles if you need help figuring when and how it was founded.

From: Larry Vickers larry@lvickerslaw.com
Sent: Tuesday, April 18, 2023 2:49 PM
To: oama@lists.imla.org
Subject: [Oama] Town’s Founding Documents

[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Group:

I have asked this in the past but need to again due to a lengthy hospital stay and not seeing any responses previously.

Does anyone have any idea on how to get a Town’s founding documents?

I have tried the Secretary of State, the National archive registry in Dallas to no avail.

I have been told about an attorney opinion letter but don’t have a lot of info about that.

Thanks in advance.

Larry Vickers, Jr. Attorney At Law, P.L.L.C.

www.lvickerslaw.comhttp://www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900

If the town predates statehood, you might check with Cherokee Nation too.

Wil M. Crawford
Indian & Environmental Law Group, PLLC
117 S. Ash Street
Ada, OK 74820
Wil@iaelaw.commailto:Wil@iaelaw.com
(580) 453-7051
(918) 948-6190 (fax)
[cid:image001.png@01D97206.7275E700]
NOTICE:  This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and may be legally privileged.  If you are not the intended recipient,  you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited.  Please reply to the sender that you have received the message in error, then delete it.

From: Larry Vickers larry@lvickerslaw.com
Sent: Tuesday, April 18, 2023 2:49 PM
To: oama@lists.imla.org
Subject: [Oama] Town’s Founding Documents

[EXTERNAL EMAIL]
Group:

I have asked this in the past but need to again due to a lengthy hospital stay and not seeing any responses previously.

Does anyone have any idea on how to get a Town’s founding documents?

I have tried the Secretary of State, the National archive registry in Dallas to no avail.

I have been told about an attorney opinion letter but don’t have a lot of info about that.

Thanks in advance.

Larry Vickers, Jr. Attorney At Law, P.L.L.C.

www.lvickerslaw.comhttp://www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900

This article from Historical society may help.

The Encyclopedia of Oklahoma History and Culture
VIAN.

Located in Sequoyah County, Vian lies at the intersection of U.S. Highway 64 and State Highway 82, just north of Interstate 40, and eleven miles west of Sallisaw. The community, which began in the Cherokee Nation, evolved from a trading post between the Big and Little Vian creeks, from which the town took its name. The first postmaster, Mahala Thompson, originally wanted to name the post office, established in 1886, Round Mountain, but that name had been taken. In 1888 the St. Louis, Iron Mountain and Southern Railway laid tracks through the region, and Vian benefited, establishing itself as a shipping point for agricultural production, especially cotton. In 1901 it was estimated that between 2,500 and 3,000 bales were annually shipped. The 1900 population stood at 296.

By 1910 Vian had 794 inhabitants. In 1911 they supported two banks, the Sequoyah County Democrat newspaper, a telephone connection, two hotels, and several retail outlets and restaurants. In 1917 the St. Louis, Iron Mountain and Southern combined with the Missouri Pacific Railway, becoming the Missouri Pacific Railroad.

In the late 1880s a school had opened to educate the area's Cherokee children. In the mid-1890s Rev. J. B. Barry established a school for white children. Circa 1897 the community built a schoolhouse that was used until a three-story, brick building was constructed in 1909. Douglass High School existed as a separate school for the region's African American students until the mid-1950s. In 1956 a modern high school building was built, partially funded with federal grants for areas serving large numbers of American Indian pupils.

Vian's population reached 1,176 in 1920 before declining to 900 in 1930. Agriculture and ranching remained an integral part of the economy. In 1932 the area still produced enough cotton to require three cotton gins. By 1946 the town had only one gin and one bank, and in 1950 the population stood at 927. Through the years newspapers reporting to the town have included the Vian American, the Vian Press, the Vian Tribune, the Democrat-American, and the Vian Tenkiller News. Located between Lake Tenkiller (impounded in 1953) and Robert S. Kerr Lake (1970), the community and its vicinity have profited from additional tourism. The Sequoyah National Wildlife Refuge lies south of Vian adjacent to Kerr Lake.

The 1970 population was 1,131, climbing to 1,521 in 1980. Oklahoma Supreme Court Judge and politician W. A. Carlile attended school at Vian. Scenes for the movie Where the Red Fern Grows (1974) were filmed in the area. In 2000, 988 students constituted the prekindergarten-to-high school enrollment. The population stood at 1,362. It grew to 1,466 in 2010.

Larry O'Dell

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.commailto:ddavislaw@live.com

From: Larry Vickers larry@lvickerslaw.com
Sent: Tuesday, April 18, 2023 2:48 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Town’s Founding Documents

Group:

I have asked this in the past but need to again due to a lengthy hospital stay and not seeing any responses previously.

Does anyone have any idea on how to get a Town’s founding documents?

I have tried the Secretary of State, the National archive registry in Dallas to no avail.

I have been told about an attorney opinion letter but don’t have a lot of info about that.

Thanks in advance.

Larry Vickers, Jr. Attorney At Law, P.L.L.C.

www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900

Larry, I saved Christian’s response to you when this was discussed earlier.
I am pasting it here in case it’s helpful in addition to the other helpful
responses you have received.

Larry,

If a municipality cannot find the incorporation documents needed for the
Sam.gov/ Unique Identity Number https://sam.gov/content/duns-uei  (This
number is replacing the DUNS number and it is needed for all ARPA and
federal grants in the future), the municipality can send the Oklahoma
Secretary of State historical evidence that they are a municipality under
https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=75750 11
O.S. §, 2-101 (B) (pasted below) and it will be presumed the municipality is
incorporated unless someone challenges it. According to the Secretary of
State's office, this evidence can be newspaper clippings and meeting
minutes. The correct number to call for this process at the secretary of
state's office is (405) 522-2520.

https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST
Oklahoma Statutes Citationized

https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11
Title 11. Cities and Towns

<https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#C
hapter1-OklahomaMunicipalCode> Chapter 1 - Oklahoma Municipal Code

<https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#A
rticleII-IncorporationandGeneralProvisions> Article Article II -
Incorporation and General Provisions
https://www.oscn.net/Images/Applications/search/WDDocument.gif
Section 2-101 - Incorporation of a Municipality
Cite as: O.S. §, __ __

A. Any community of people residing in compact form may become incorporated
as a town in the manner provided in Sections
https://www.oscn.net/applications/oscn/DeliverDocument.asp?citeid=75757
3-101 through
https://www.oscn.net/applications/oscn/DeliverDocument.asp?citeid=75763
3-107 of this title. If the resident population is one thousand (1,000) or
more, a town or community of people residing in compact form may become
incorporated as a city in the manner provided in Sections
https://www.oscn.net/applications/oscn/DeliverDocument.asp?citeid=75764
4-101 through
https://www.oscn.net/applications/oscn/DeliverDocument.asp?citeid=75770
4-107 of this title.

B. Any community which has operated as an incorporated municipality for
twenty-five (25) years or more but which does not have any evidence of its
articles of incorporation shall be presumed to have incorporated as the
statutory form of municipal government under which it has operated. Such
community may file with the Secretary of State any historical evidence of
its incorporation. Notice of said filing shall be published one time. If no
action challenging the presumption of incorporation is brought within sixty
(60) days after publication of the notice of filing, the presumption of
incorporation shall be conclusive.

Best Regards,

Christian Rinehart

Associate General Counsel

Oklahoma Municipal League

201 Northeast 23rd Street
Oklahoma City, OK 73105

(405) 528-7515

The Municipal Inquiry Service provides information based on Oklahoma
Statutes and sample policies from other member cities and towns to members
of the Oklahoma Municipal League. There may be other facts and details that
were unknown to OML or not relayed that may alter the information provided.
OML does not provide legal advice or act as a legal advisor.  The advice of
your municipal attorney, as your legal advisor, should be followed before
implementing any policy or making any decisions regarding your legal
matters. The OML American Recovery Plan Act service provides information
based on the guidance provided by the U.S. Department of the Treasury and
the state of Oklahoma. Each Oklahoma municipality is responsible for
submitting and verifying the correct budget information, using ARPA funds
correctly, and submitting a project and expenditure report by April 30th,
2022. The advice of a municipal attorney, as a legal advisor, should be
followed before making any decisions regarding accepting, spending, or
reporting on ARPA funds.

CONFIDENTIALITY NOTE:

The information in this electronic mail, including attachments, is sent by,
or on behalf of, an attorney and is intended to be the private confidential
property of the sender. The materials are intended solely for the receipt,
use, benefit and information of the recipient indicated above. This
communication may be protected by the attorney-client privilege, the
work-product privilege, or other legal rules. If the reader of this message
is not the intended recipient, you are notified that retention, use, review,
disclosure, copying, distribution, or the taking of any other action in
reliance on the contents of this transmission or attachments is strictly
prohibited. If you have received this transmission in error, please notify
us immediately by electronic mail or telephone (405-542-6056) and arrange
for the destruction or return of this transmission to us.  Thank you for
your cooperation.

From: david davis ddavislaw@live.com
Sent: Tuesday, April 18, 2023 3:05 PM
To: Larry Vickers larry@lvickerslaw.com; oama@lists.imla.org
Subject: [Oama] Re: Town’s Founding Documents

This article from Historical society may help.

The Encyclopedia of Oklahoma History and Culture

[          ]

VIAN.

Located in Sequoyah County, Vian lies at the intersection of U.S. Highway 64
and State Highway 82, just north of Interstate 40, and eleven miles west of
Sallisaw. The community, which began in the Cherokee Nation, evolved from a
trading post between the Big and Little Vian creeks, from which the town
took its name. The first postmaster, Mahala Thompson, originally wanted to
name the post office, established in 1886, Round Mountain, but that name had
been taken. In 1888 the St. Louis, Iron Mountain and Southern Railway laid
tracks through the region, and Vian benefited, establishing itself as a
shipping point for agricultural production, especially cotton. In 1901 it
was estimated that between 2,500 and 3,000 bales were annually shipped. The
1900 population stood at 296.

By 1910 Vian had 794 inhabitants. In 1911 they supported two banks, the
Sequoyah County Democrat newspaper, a telephone connection, two hotels, and
several retail outlets and restaurants. In 1917 the St. Louis, Iron Mountain
and Southern combined with the Missouri Pacific Railway, becoming the
Missouri Pacific Railroad.

In the late 1880s a school had opened to educate the area's Cherokee
children. In the mid-1890s Rev. J. B. Barry established a school for white
children. Circa 1897 the community built a schoolhouse that was used until a
three-story, brick building was constructed in 1909. Douglass High School
existed as a separate school for the region's African American students
until the mid-1950s. In 1956 a modern high school building was built,
partially funded with federal grants for areas serving large numbers of
American Indian pupils.

Vian's population reached 1,176 in 1920 before declining to 900 in 1930.
Agriculture and ranching remained an integral part of the economy. In 1932
the area still produced enough cotton to require three cotton gins. By 1946
the town had only one gin and one bank, and in 1950 the population stood at
927. Through the years newspapers reporting to the town have included the
Vian American, the Vian Press, the Vian Tribune, the Democrat-American, and
the Vian Tenkiller News. Located between Lake Tenkiller (impounded in 1953)
and Robert S. Kerr Lake (1970), the community and its vicinity have profited
from additional tourism. The Sequoyah National Wildlife Refuge lies south of
Vian adjacent to Kerr Lake.

The 1970 population was 1,131, climbing to 1,521 in 1980. Oklahoma Supreme
Court Judge and politician W. A. Carlile attended school at Vian. Scenes for
the movie Where the Red Fern Grows (1974) were filmed in the area. In 2000,
988 students constituted the prekindergarten-to-high school enrollment. The
population stood at 1,362. It grew to 1,466 in 2010.

Larry O'Dell

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: Larry Vickers <larry@lvickerslaw.com mailto:larry@lvickerslaw.com >
Sent: Tuesday, April 18, 2023 2:48 PM
To: oama@lists.imla.org mailto:oama@lists.imla.org  <oama@lists.imla.org
mailto:oama@lists.imla.org >
Subject: [Oama] Town’s Founding Documents

Group:

I have asked this in the past but need to again due to a lengthy hospital
stay and not seeing any responses previously.

Does anyone have any idea on how to get a Town’s founding documents?

I have tried the Secretary of State, the National archive registry in Dallas
to no avail.

I have been told about an attorney opinion letter but don’t have a lot of
info about that.

Thanks in advance.

Larry Vickers, Jr. Attorney At Law, P.L.L.C.

www.lvickerslaw.com http://www.lvickerslaw.com

303 South Thornton

P.O. Box 1302

Vian, Oklahoma 74962

Vian Phone: 918-773-4004

Muskogee Phone: 918-682-5900

Check with OML. They are working on a project to help all the municipalities in this situation.

Sent from my iPhone which randomly rearranges my thoughts and letters. Apologies in advance for any illogical responses.

On Apr 18, 2023, at 2:56 PM, Teresa Nowlin tnowlin@jenksok.org wrote:


The Oklahoma Historical Society has indexes of the cases that should be at the National Archive on microfiche. That might help if you think that it should be at the National Archive but they couldn’t locate it. You might try to find old newspaper articles if you need help figuring when and how it was founded.

From: Larry Vickers larry@lvickerslaw.com
Sent: Tuesday, April 18, 2023 2:49 PM
To: oama@lists.imla.org
Subject: [Oama] Town’s Founding Documents

[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Group:

I have asked this in the past but need to again due to a lengthy hospital stay and not seeing any responses previously.

Does anyone have any idea on how to get a Town’s founding documents?

I have tried the Secretary of State, the National archive registry in Dallas to no avail.

I have been told about an attorney opinion letter but don’t have a lot of info about that.

Thanks in advance.

Larry Vickers, Jr. Attorney At Law, P.L.L.C.

www.lvickerslaw.comhttp://www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900

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