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Council declines emergency clause on two right-of-way closures, sending easement requests back to regular process
Summary
A planner asked the council to declare an emergency so two right-of-way/easement closures could proceed quickly for pending buyers; the city attorney explained notification and court steps and the council’s emergency clause failed, leaving the matters to proceed through standard notice and courthouse filing.
Planner staff presented two similar requests to close or partially close public right-of-way — one at 807 West Choctaw (owner Delfino) and another at 118 Morgan — and asked the council to adopt an emergency clause so the items could proceed to final steps this evening rather than returning next month.
Staff said property owners and buyers have completed required steps except for the final courthouse filing, and that delay could jeopardize transactions for buyers, including one household with an occupant in a wheelchair. "If it passes with city council, they still have to go to the courthouse upstairs and file a friendly suit," the planner said, urging use of an emergency clause to speed the process.
The city attorney advised the council that declaring an emergency is a council judgment and explained notice procedures; he also cautioned that any affected party could still object during the courthouse filing. The council held several votes on adopting the emergency clause; the city attorney later declared the emergency clause failed and that the earlier vote would be null and void, so the planner must return the item to a future meeting and proceed through the standard public-notice and filing steps.
Council did not close either right-of-way at the meeting; staff will follow the ordinary public-notification process and return when required.
