State high court: Jenks can't build contested
toll bridge to Tulsa
By STAFF REPORTS, TULSA WORLD
1/22/2008 11:01 PM
Jenks
and Bixby have no authority to allow a private company to
build and operate a toll bridge connecting Jenks to Tulsa
without Tulsa being part of the plan, the Oklahoma Supreme
Court ruled Tuesday.
All nine justices agreed that Jenks and the Arkansas River Bridge Authority -- composed of Jenks and Bixby -- had overstepped their rights in contracting with a private company to connect the bridge outside the cities' corporate boundaries onto the north bank of the river in Tulsa.
Justice Yvonne Kauger concluded in her ruling that "because toll roads and bridges by their nature connect various municipalities, towns and counties, such sovereigns must consolidate their authority to construct toll roads and bridges."
Tulsa objected to the bridge on several grounds, including inadequate streets that would be accommodating incoming traffic from the bridge and insufficient funds to improve the streets.
Homeowners in south Tulsa organized to become the South Tulsa Citizens Coalition and led a grassroots effort to stop construction of the bridge.
Coalition spokesman Michael Covey said he was elated to have some finality on the bridge question.
"I think it's obvious that the two parties you have to have are the city of Jenks and the city of Tulsa. That's their major failure from a legal standpoint," he said.
Covey doesn't believe that Jenks, the Arkansas River Bridge Authority and private contractor Infrastructure Ventures Inc. have other legal avenues to pursue.
Jenks Mayor Vic Vreeland asked for more time to digest the findings with attorneys before commenting. Infrastructure Ventures President Bill Bacon could not immediately be reached.
The coalition pulled together more than $100,000 for its legal fight, which started in district court about two years ago.
All nine justices agreed that Jenks and the Arkansas River Bridge Authority -- composed of Jenks and Bixby -- had overstepped their rights in contracting with a private company to connect the bridge outside the cities' corporate boundaries onto the north bank of the river in Tulsa.
Justice Yvonne Kauger concluded in her ruling that "because toll roads and bridges by their nature connect various municipalities, towns and counties, such sovereigns must consolidate their authority to construct toll roads and bridges."
Tulsa objected to the bridge on several grounds, including inadequate streets that would be accommodating incoming traffic from the bridge and insufficient funds to improve the streets.
Homeowners in south Tulsa organized to become the South Tulsa Citizens Coalition and led a grassroots effort to stop construction of the bridge.
Coalition spokesman Michael Covey said he was elated to have some finality on the bridge question.
"I think it's obvious that the two parties you have to have are the city of Jenks and the city of Tulsa. That's their major failure from a legal standpoint," he said.
Covey doesn't believe that Jenks, the Arkansas River Bridge Authority and private contractor Infrastructure Ventures Inc. have other legal avenues to pursue.
Jenks Mayor Vic Vreeland asked for more time to digest the findings with attorneys before commenting. Infrastructure Ventures President Bill Bacon could not immediately be reached.
The coalition pulled together more than $100,000 for its legal fight, which started in district court about two years ago.