changing direction of one-way street/ closing streets during certain hours
Fellow Attorneys:
One of my small towns has had the school request the following:
1. Change the direction of a one-way street adjacent to the school, to one-way in the other direction.
Is this simply a meeting Agenda item and Resolution? Public hearing? Is anything required other than Agenda item and Resolution?
2. Closing certain streets and alleys located within the school's building, but only closing them for certain times and certain dates.
What is required?
I am familiar with the statutes to close a public way by Ordinance, but this is only a request to close during certain times and dates. (school hours)
How should I proceed? public hearing to those within 300' ???? Other requirements?
Let me have your suggestions, please.
Kay Wall
Hinton adopted the attached resolution that permits the school to place gates across certain streets while school is in session. This is really simple, but it was done a couple of years ago and has worked just fine.
I didn’t any statutory hoops that we are required to clear to accomplish this. Please let me know if you reach a different conclusion.
Kim Spady
From: Kay Robbins Wall lkrw@sbcglobal.net
Sent: Thursday, July 21, 2022 2:39 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] changing direction of one-way street/ closing streets during certain hours
Fellow Attorneys:
One of my small towns has had the school request the following:
- Change the direction of a one-way street adjacent to the school, to one-way in the other direction.
Is this simply a meeting Agenda item and Resolution? Public hearing? Is anything required other than Agenda item and Resolution?
- Closing certain streets and alleys located within the school's building, but only closing them for certain times and certain dates.
What is required?
I am familiar with the statutes to close a public way by Ordinance, but this is only a request to close during certain times and dates. (school hours)
How should I proceed? public hearing to those within 300' ???? Other requirements?
Let me have your suggestions, please.
Kay Wall
11 O.S. § 36-101 provides that “the title to streets, roads and public ways within the limits of a municipality which have been dedicated and accepted by the municipal governing body is held by the municipality in trust for public use and enjoyment. A municipal governing body may, in the manner provided by law:
- Regulate and control the use of streets, roads and other public ways within the limits of the municipality;
- Authorize the execution of any and all contracts, easements and permits for the use of roads, streets, and other public ways as the governing body deems to be in the public interest;
***
It would seem that the recognition of a safety issue and allowing for temporary closing of a public street for the health and safety of the public would be within this broad authority to “control the use of streets” and that a resolution to accomplish that would be in the public interest. Compare, Green v. City of Norman, 1969 OK 88 (lease of portion of city street held void).
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
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From: Kim@spadylaw.com Kim@spadylaw.com
Sent: Thursday, July 21, 2022 2:54 PM
To: 'Kay Robbins Wall' lkrw@sbcglobal.net; 'OAMA Luistserv' oama@lists.imla.org
Subject: [Oama] Re: changing direction of one-way street/ closing streets during certain hours
Hinton adopted the attached resolution that permits the school to place gates across certain streets while school is in session. This is really simple, but it was done a couple of years ago and has worked just fine.
I didn’t any statutory hoops that we are required to clear to accomplish this. Please let me know if you reach a different conclusion.
Kim Spady
From: Kay Robbins Wall <lkrw@sbcglobal.netmailto:lkrw@sbcglobal.net>
Sent: Thursday, July 21, 2022 2:39 PM
To: OAMA Luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] changing direction of one-way street/ closing streets during certain hours
Fellow Attorneys:
One of my small towns has had the school request the following:
- Change the direction of a one-way street adjacent to the school, to one-way in the other direction.
Is this simply a meeting Agenda item and Resolution? Public hearing? Is anything required other than Agenda item and Resolution?
- Closing certain streets and alleys located within the school's building, but only closing them for certain times and certain dates.
What is required?
I am familiar with the statutes to close a public way by Ordinance, but this is only a request to close during certain times and dates. (school hours)
How should I proceed? public hearing to those within 300' ???? Other requirements?
Let me have your suggestions, please.
Kay Wall