Bridge and road question
Do any of you have experience determine the ownership of a bridge within municipal boundaries? Fort Towson has a population of less than 2,500, so the local Commissioner is responsible for bridge and road maintenance. The current Commissioner is not cooperative with the city council, which needs to implement an engineering solution for a waste water bypass that requires attaching a line to a bridge.
The bridge is within the city limits. However, the Commissioner takes the position that his approval is required for any installation adjacent to the structure. He has denied all proposals for resolution of the situation.
The engineer who designed the bypass solution believes that the bridge belongs to the city and that the city has the right to determine a solution. We agree that if the line were to cross the road it would require county approval under the relevant rules; however, the proposed line attachment would not cross the roadway and would not affect the roadway.
I can’t find anything that seems to resolve this question. All suggestions appreciated.
Sharla
Sent from my iPhone which randomly rearranges my thoughts and letters. Apologies in advance for any illogical responses.
I do not claim any expertise on this but my first thought is that the bridge belongs to whichever entity expended public funds for its construction (and maintenance). Pursuant to Title 19 § 1501, et seq., there is a detailed procedure by which counties may contract for bridges and county bridges.. Also, once built, any county bridge is to be included in a county road and bridge inventory maintained by an officer appointed by the commissioners. If the bridge in question isn’t there, I would contend it is not a county bridge (and vice versa). On the other hand, Title 69 discussed the building of bridges by counties in much more detail.
appointed county road and bridge inventory officer
Lowell Peterson
22309 E. 67th Street S.
Broken Arrow, OK 74014
Cell (918) 805-4090
-----Original Message-----
From: Sharla Frost cityattorney@forttowson.us
Sent: Monday, May 16, 2022 10:49 AM
To: Oama Listserve oama@lists.imla.org
Subject: [Oama] Bridge and road question
Do any of you have experience determine the ownership of a bridge within municipal boundaries? Fort Towson has a population of less than 2,500, so the local Commissioner is responsible for bridge and road maintenance. The current Commissioner is not cooperative with the city council, which needs to implement an engineering solution for a waste water bypass that requires attaching a line to a bridge.
The bridge is within the city limits. However, the Commissioner takes the position that his approval is required for any installation adjacent to the structure. He has denied all proposals for resolution of the situation.
The engineer who designed the bypass solution believes that the bridge belongs to the city and that the city has the right to determine a solution. We agree that if the line were to cross the road it would require county approval under the relevant rules; however, the proposed line attachment would not cross the roadway and would not affect the roadway.
I can’t find anything that seems to resolve this question. All suggestions appreciated.
Sharla
Sent from my iPhone which randomly rearranges my thoughts and letters. Apologies in advance for any illogical responses.
--
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Thank you. I will start there. This particular bridge was built in 1947. Heaven only knows who paid.
Sent from my iPhone which randomly rearranges my thoughts and letters. Apologies in advance for any illogical responses.
On May 16, 2022, at 2:00 PM, Lowell Peterson lpeterson@live.com wrote:
I do not claim any expertise on this but my first thought is that the bridge belongs to whichever entity expended public funds for its construction (and maintenance). Pursuant to Title 19 § 1501, et seq., there is a detailed procedure by which counties may contract for bridges and county bridges.. Also, once built, any county bridge is to be included in a county road and bridge inventory maintained by an officer appointed by the commissioners. If the bridge in question isn’t there, I would contend it is not a county bridge (and vice versa). On the other hand, Title 69 discussed the building of bridges by counties in much more detail.
appointed county road and bridge inventory officer
Lowell Peterson
22309 E. 67th Street S.
Broken Arrow, OK 74014
Cell (918) 805-4090
-----Original Message-----
From: Sharla Frost cityattorney@forttowson.us
Sent: Monday, May 16, 2022 10:49 AM
To: Oama Listserve oama@lists.imla.org
Subject: [Oama] Bridge and road question
Do any of you have experience determine the ownership of a bridge within municipal boundaries? Fort Towson has a population of less than 2,500, so the local Commissioner is responsible for bridge and road maintenance. The current Commissioner is not cooperative with the city council, which needs to implement an engineering solution for a waste water bypass that requires attaching a line to a bridge.
The bridge is within the city limits. However, the Commissioner takes the position that his approval is required for any installation adjacent to the structure. He has denied all proposals for resolution of the situation.
The engineer who designed the bypass solution believes that the bridge belongs to the city and that the city has the right to determine a solution. We agree that if the line were to cross the road it would require county approval under the relevant rules; however, the proposed line attachment would not cross the roadway and would not affect the roadway.
I can’t find anything that seems to resolve this question. All suggestions appreciated.
Sharla
Sent from my iPhone which randomly rearranges my thoughts and letters. Apologies in advance for any illogical responses.
--
Oama mailing list -- oama@lists.imla.orgmailto:oama@lists.imla.org To unsubscribe send an email to oama-leave@lists.imla.orgmailto:oama-leave@lists.imla.org
Personally, I would take up the fight. I would contact DOT and maybe the AG’s office to report the situation. Then, once advising DOT, I would proceed with the engineering solution to your problem and dare the Commissioner to do anything about it. But that would probably be political suicide.
Lowell Peterson
22309 E. 67th Street S.
Broken Arrow, OK 74014
lpeterson@live.commailto:lpeterson@live.com
Cell (918) 805-4090
From: Sharla Frost cityattorney@forttowson.us
Sent: Monday, May 16, 2022 2:55 PM
To: Lowell Peterson lpeterson@live.com
Cc: Oama Listserve oama@lists.imla.org
Subject: Re: Bridge and road question
Thank you. I will start there. This particular bridge was built in 1947. Heaven only knows who paid.
Sent from my iPhone which randomly rearranges my thoughts and letters. Apologies in advance for any illogical responses.
On May 16, 2022, at 2:00 PM, Lowell Peterson <lpeterson@live.commailto:lpeterson@live.com> wrote:
I do not claim any expertise on this but my first thought is that the bridge belongs to whichever entity expended public funds for its construction (and maintenance). Pursuant to Title 19 § 1501, et seq., there is a detailed procedure by which counties may contract for bridges and county bridges.. Also, once built, any county bridge is to be included in a county road and bridge inventory maintained by an officer appointed by the commissioners. If the bridge in question isn’t there, I would contend it is not a county bridge (and vice versa). On the other hand, Title 69 discussed the building of bridges by counties in much more detail.
appointed county road and bridge inventory officer
Lowell Peterson
22309 E. 67th Street S.
Broken Arrow, OK 74014
lpeterson@live.commailto:lpeterson@live.com
Cell (918) 805-4090
-----Original Message-----
From: Sharla Frost <cityattorney@forttowson.usmailto:cityattorney@forttowson.us>
Sent: Monday, May 16, 2022 10:49 AM
To: Oama Listserve <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Bridge and road question
Do any of you have experience determine the ownership of a bridge within municipal boundaries? Fort Towson has a population of less than 2,500, so the local Commissioner is responsible for bridge and road maintenance. The current Commissioner is not cooperative with the city council, which needs to implement an engineering solution for a waste water bypass that requires attaching a line to a bridge.
The bridge is within the city limits. However, the Commissioner takes the position that his approval is required for any installation adjacent to the structure. He has denied all proposals for resolution of the situation.
The engineer who designed the bypass solution believes that the bridge belongs to the city and that the city has the right to determine a solution. We agree that if the line were to cross the road it would require county approval under the relevant rules; however, the proposed line attachment would not cross the roadway and would not affect the roadway.
I can’t find anything that seems to resolve this question. All suggestions appreciated.
Sharla
Sent from my iPhone which randomly rearranges my thoughts and letters. Apologies in advance for any illogical responses.
--
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