Broken Arrow City Council
Meeting of: 11-03-26
Title:
title
Consideration, discussion, and possible preview of Ordinance No. 3966 amending Article 6, Miscellaneous Requirements, Policies and Approvals, of the Broken Arrow Land Subdivision Code by adding Section 6.13, Removal of Illegal Discriminatory Restrictive Covenants; establishing procedures for specific plat amendments, including review, owner notice, Planning Commission consideration, City Council approval, recording, and affidavits for county clerk redaction; preserving the remainder of each plat; providing for codification; providing for severability; and providing an effective date
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Background:
The proposed ordinance is submitted directly to the City Council for preview and subsequent adoption to implement the state statute through a uniform local administrative procedure. Adoption of this ordinance does not amend a particular plat. The property-owner notice and Planning Commission consideration required by 11 O.S. Section 42-106.1(E) apply to later proposals to amend specific recorded plats.
Senate Bill 2139, effective November 1, 2026, amends 11 O.S. Section 42-106.1 to establish additional requirements for removing illegal discriminatory restrictive covenants from recorded plats. Upon adoption and recording of an ordinance amending an identified plat, the municipality must provide the appropriate county clerk an Affidavit Regarding Correction of Plats containing the required plat information, the exact discriminatory language to be removed, and a copy of the existing plat identifying that language. Upon receipt of a compliant affidavit, the county clerk must redact the electronic version of the plat on the county clerk's website.
Existing subsection E authorizes municipalities to amend recorded plats to remove illegal discriminatory restrictive covenants under the federal Fair Housing Act. That process requires thirty days' written notice to all property owners of all parcels within the affected addition. The notice must identify the proposed amendment and the time, date, and place of the Planning Commission meeting where it will be considered. The governing body must approve the amended plat, and the amendment must be recorded against all parcels within the addition. Senate Bill 2139 retains these requirements.
The proposed ordinance adds Section 6.13, Removal of Illegal Discriminatory Restrictive Covenants, to Article 6, Miscellaneous Requirements, Policies and Approvals, of the Broken Arrow Land Subdivision Code. Article 6 already addresses related matters involving recorded plats, easements, and rights-of-way. Incorporating the procedure into that article will make it available with the City's other subdivision procedures.
The new section assigns responsibilities to Community Development, the Legal Department, and the City Clerk for identifying and reviewing affected plats, preparing and providing owner notices, presenting amendments to the Planning Commission and City Council, recording approved amendments, maintaining notice records, and submitting the required affidavits. The Legal Department would review proposed amendments and forms, and the City Clerk would arrange recording of approved amendments. Community Development staff would submit the required affidavits and coordinate filings and online corrections with the Tulsa County or Wagoner County Clerk, as applicable.
Each later plat amendment would remove only the identified illegal discriminatory language and preserve the remaining lawful provisions of the plat.
Cost: None for preview. Future implementation costs will depend on the number of plats processed and associated notice, publication, and recording expenses.
Funding Source: None
Requested By: Legal Department
Approved By: Legal Department
Attachments: Ordinance No. 3966; implementation forms
Recommendation: Preview Ordinance No. 3966 and set it for adoption.