Atoka council OKs ordinance drafting to vacate streets in University Heights addition

The Atoka City Council voted to direct the city attorney to draft an ordinance to vacate and permanently foreclose portions of streets and alleys in Blocks 17, 18, 19 and 20 of the University Heights addition after a pair of property owners asked the city to close platted rights-of-way.

The motion to proceed with ordinance drafting followed public remarks from Martin and Anita Zirring, who said they own land in the area and want the streets closed to avoid future development or uncertainty about building on lots that have streets running through them. The council passed the motion by roll call with all members voting yes.

Councilmember comments and city staff laid out the two-step process the applicants must complete. First is the city ordinance closing the streets; second is a district-court proceeding that permanently vacates and forecloses the recorded plat rights so a later council could not reopen the way. The city attorney told the council that an ordinance closing a street does not, by itself, prevent a future council from reopening it, and recommended the court action to complete the vacation.

Staff advised owners to supply a highlighted map that shows the specific streets and alleys to be vacated and recommended that neighbors who want to be included notify the city within a few weeks so they can be added to the ordinance. The city will require a radius ownership report so both the city and district court can provide legally required notices to property owners within 300 feet of the area proposed for vacation.

City staff also warned property owners that utility franchise agreements may allow utility providers to place lines in platted streets unless the street is vacated by ordinance and finalized through the district court. Owners were advised to consider joining together to hire an attorney to handle the court filing to reduce costs.

The council instructed the city attorney to draft the ordinance and return it to council for formal consideration at a future meeting; if adopted by ordinance, the applicants and any joining neighbors will still need to complete the district-court vacation to extinguish the recorded right-of-way permanently.

The council additionally discussed practical issues raised by the owners, including whether vacating the platted streets would leave property without legal access; staff confirmed owners should show existing access points on the map to ensure continued ingress and egress.

The council’s motion authorizes drafting an ordinance and permitting additional adjacent landowners to join the request; it does not itself vacate or convey property. If the ordinance is later adopted, the court action will be required to finalize the vacation.

The action was taken during the council meeting’s business agenda after public comment on the matter.