Jenks - South Yale Bridge Revisited...

[Rico]

Here is an attachment someone sent me in regards to the legality of the "Jenks Bridge"...
"Big Bob" has to be sweatin just a bit...!


Jenks has no authority to build toll bridge, Tulsa argues

The city's Legal Department released an opinion Friday stating that Jenks doesn't have the authority to build a south Tulsa County toll bridge or the power to condemn land owned by Tulsa to support the project.

Deputy City Attorney Larry Simmons points to a 1971 Oklahoma Supreme Court ruling, which asserts that only the Oklahoma Turnpike Authority is authorized to operate toll roads. An exception in the statutes allows a public trust to be created to operate a toll road, but it does not apply to counties with a population of more than 500,000.

"If that's the case, then nobody can build the bridge but the OTA," Tulsa City Councilor Bill Christiansen said.

According to the opinion, both Tulsa and Jenks can use the powers of eminent domain to condemn property, but not against each other because neither city is superior. In addition, eminent domain cannot be used to take property that is already devoted to a public use.

The land in question was donated to Tulsa in 1998 with the stipulation that it be used as a public park or conveyed to another governmental entity for a park or other charitable use. It remains undeveloped.

Jenks Mayor Vic Vreeland said his city's legal department has the opposite opinion on the authority
and condemnation issues.

"It looks like we're probably going to have to decide this in court," he said.

The city of Jenks signed a 75-year agreement with Infrastructure Ventures Inc. last month to build and operate a toll bridge between 121st and 131st streets in the vicinity of Yale Avenue and Yale Place.

Soon after, Jenks and Infrastructure Ventures were sued by the South Tulsa Citizens Coalition, which opposes a bridge on Yale. The case is pending in District Court.

Under the Jenks agreement, the suburb would receive 15 percent of the net toll revenues during the first 30 years of the bridge's operation and 20 percent for the remainder of the term.

Christiansen said he'd like to see Jenks and Tulsa work together to build a publicly controlled bridge so Tulsa could reap some of the income from the toll revenues. But it's unclear how that could be arranged under the city's own legal opinion.

Vreeland said a bridge operated by the cities makes no sense because public bridges are free. He said there also would be no funding mechanism to build the bridge, which is estimated to cost about $33 million.

"People need to sit down and look at the projections of when the money comes in. It just pays on the interest for 10 years," Vreeland said. "I've never seen so many ways to try and get around the issue. For the health and welfare of the citizens of Tulsa County, the most logical engineering and moneywise location is 121st and Yale."

Christiansen said he knows the bridge is needed but he'll never agree to a bridge on Yale.

"Riverside is more commercial and that's where we want commercial development," he said. "That's where we want a stream of traffic to go to venues on the river and it would be a great link to downtown."

After hearing concerns that a bridge at the 121st and Riverside location would require buying out much of the upscale Wind River residential development, Christiansen asked the city's Public Works Department to see if it could be done there without affecting the riverfront housing addition that is under construction.

Public works officials have determined that could be done, but it would be the most expensive of the three alignments proposed so far because the bridge would have to be longer and would require the construction of retaining walls.

Christiansen said it would be worth it.

"If you look at the long-term revenue stream the bridge will produce, the additional expense to help maintain the quality of life in south Tulsa is insignificant," he said.

Below you will see the reference photos to the above article..