CLOSING OF PUBLIC WAYS AND EASEMENTS

Tulsa Revised Ordinances tit. 11, ch. 7

in effect

Tulsa Revised Ordinances tit. 11, § 700 Definitions.

Section 700. - Definitions. A. Close means a legislative act of the City discontinuing the public use of a public way or easement without affecting title to such real property. B. Public way means a street, avenue, boulevard, alley, lane or thoroughfare established or open for public use. C. Easement means a right in real property as established by the laws of the state of Oklahoma. (Ord. No. 17285)

Tulsa Revised Ordinances tit. 11, § 701 Application for closing easements or public ways.

Section 701. - Application for closing easements or public ways. All applications for closing easements or public ways located within the corporate limits of the City shall be filed with the Director of Public Works on forms furnished by the Director; and the applicant shall furnish the following information: A. A plot, plan or other representative sketch or drawing depicting distances and points of the compass and showing the location and area of the public way or easement; B. The legal description of the public way or easement to be closed; C. If an easement is being closed, the purpose for which the easement was originally given; D. If the easement or public way was established by any instrument (other than a subdivision plat) filed in the Office of the County Clerk, a copy of such instrument duly certified by the County Clerk; E. If the easement or public way was established by statutory dedication pursuant to a recorded subdivision plat, the name of the subdivision and plat number; F. If the applicant seeks to close a public way, the application shall state whether or not such public way has been open for public use within the five (5) year period immediately preceding the date of the filing of such application; if such public way has been open for public use within that period of time, the applicant shall furnish a list, certified by a bonded abstractor, containing the names and addresses of all owners of record, as shown by the current year's tax rolls in the Office of the County Treasurer, of property abutting the public way and such other owners of record whose property is within three hundred (300) feet in any direction from the public way sought to be closed; and G. Such additional information as may be determined by the Director to be necessary for evaluating the application. (Ord. No. 17285)

Tulsa Revised Ordinances tit. 11, § 702 Processing applications.

Section 702. - Processing applications. Upon receipt of a properly completed application and the payment of all required fees, the application for the closing of easements or public ways shall be processed as set forth herein. A. The Director shall give written notice of the pending application to all City departments who use public ways or easements and to all companies whose franchises with the City entitle them to the use of public ways or easements, as applicable to such application. Such notice shall require that all comments on the application shall be made in writing to the Director within thirty (30) days from the date of the written notice. B. Within a reasonable period of time after the expiration of the thirty (30) day notice period, the Director shall recommend to the governing body of the City action to be taken upon the application. C. Upon receipt of the report and recommendation of the Director, the governing body of the City may, without giving further notice to any third party, approve or deny, either in whole or in part, any application seeking to vacate an easement or close a public way which has not been open for public use for more than five (5) years immediately preceding the date of the filing of such application. If the application seeks to close a public way which has been open for public use within the five (5) year period immediately preceding the date of the filing such application, the governing body of the City shall set a date for public hearing thereon and direct notice to be given by certified mail to all property owners shown on the list furnished by the applicant. Such notice shall be given at least ten (10) calendar days prior to the scheduled public hearing, shall identify the nature of the pending proceeding and shall direct that any person having an objection to the pending application must appear at the public hearing to advise the governing body of the City of the nature of his objection. On the date of the scheduled public hearing, the governing body of the City shall inquire into the merits of the application and, upon determination of all issues, shall approve or deny, either in whole or in part, the proposed closing. D. Upon approval of any application, the City Attorney shall be directed to prepare a proper ordinance closing the public way or easement; upon its adoption, the costs for publication of such ordinance shall be determined and, upon the payment of such costs to the City of Tulsa by the applicant, the City shall have the ordinance published. (Ord. No. 17285)

Tulsa Revised Ordinances tit. 11, § 703 Reservation of rights upon closing.

Section 703. - Reservation of rights upon closing. The City shall retain the absolute right to reopen any closed public way or easement without expense to the City. The closing of any public way or easement shall not affect the right to maintain, repair, reconstruct, operate or remove utility, public service corporation or transmission company facilities existing therein, nor shall such closing affect private ways existing by operation of law. (Ord. No. 17285)

Tulsa Revised Ordinances tit. 11, § 704 Fees.

Section 704. - Fees. A non-refundable filing fee of One Thousand Dollars ($1,000.00) shall accompany each application to close a public way or easement. In addition to such filing fee, if the application seeks to close a public way which has been open to public use within the five (5) years preceding the date of the application, the applicant at time of filing shall pay an additional mailing fee of the actual cost of a registered letter deposited in the U.S. Mail for each property owner who is entitled to receive notice of the proceeding. In the event the application is withdrawn prior to the mailing of notices, the mailing fee shall be refunded to the applicant. (Ord. Nos. 17285, 17304; Ord. No. 24599, § 1, 4-14-2021)

Source: City of Tulsa, Revised Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/tulsa/codes/code_of_ordinances?nodeId=COOR_TIT11PUWODE_CH7CLPUWAEAFetched: 10/28/2026