The alley had also been used by the Town for the purpose of locating sewer and other utility lines, and had been subject to some maintenance by the Town. Furthermore, we have held in Bannister v. Farmers Alliance Mut. Ins. Co., 630 P.2d 1279, 1281 (Okla. 1981) that a city has a primary non-delegable duty to maintain its streets in a reasonably safe condition for the public. The test to determine whether the city was negligent is "whether or not such municipality, in the exercise of reasonable care and prudence, could have or should have, anticipated danger and damages to the traveling public using the way."

Stateex rel.Comm'rs of Land Office v. Frame, 1948 OK 240, ¶ 15, 199 P.2d 215. Contracts of public officials entered without constitutional, statutory or other authority are void. See, Bannister v. Farmers Alliance Mutual Ins. Co., 1981 OK 67, ¶ 7, 630 P.2d 1279; Stateex rel.Comm'rs of Land Office v. Frame, supra; Lingo-Leeper Lumber Co. v. Carter, 1932 OK 735, ¶ 0, 17 P.2d 365. 9)The contract entered between the Public Defender and Hermanson is void.

The Oklahoma Supreme Court has determined that counties are not responsible for municipal streets and roads. In Bannister v. Farmers Alliance Mutual Insurance Co., 630 P.2d 1279 (Okla. 1981), the court answered five questions that had been certified from the United States District Court for the Western District of Oklahoma. One specific question was whether a contract under 69 O.S. 1971, § 603 constituted an exception to the rule that a municipality has a non-delegable duty to maintain its streets in a reasonably safe condition for travel by the public.

The Oklahoma Supreme Court has rejected the view that the city is not liable for the negligence of the entity performing the repairs. Bannister v. Farmers Alliance Mut. Ins. Co., 630 P.2d 1279 (Okla. 1981) (on certified questions from the federal district court in this case). In Bannister, the Oklahoma Supreme Court held that the city "is liable for a breach [of its duty to maintain its streets in a reasonably safe condition] even if the damage alleged was caused by persons other than servants and employees of the municipality, such as an independent contractor."

The general rule is that a municipality is not liable for the negligence of independent contractors. See Davis v. Kansas City, 204 Kan. 524, 464 P.2d 154 (1970); Bannister v. Farmer's Alliance Mutual Insurance Co., 630 P.2d 1279 (Okla. 1981); Baccari v. DeSanti, 70 A.D.2d 198, 431 N.Y.S.2d 829 (1979). There are exceptions to this rule, but none of them are applicable in the present action.

For their part, municipalities have a non-delegable duty to maintain the streets within their city limits in a reasonably safe condition for travel by the public. Bannister v. Farmers Alliance Mut. Ins. Co., 630 P.2d 1279, 1281 (Okla. 1981). Title to the roads and streets within municipal limits is held by the municipality "in trust for public use and enjoyment" and municipalities have authority to regulate and control the use of their roads as well as to construct and improve them. 11 O.S. 2001, § 36-101[ 11-36-101](1), (4).

2], 68 O.S. 727.6 [68-727.6] (RURAL ROADS) 11 O.S. 72 [11-72], ** NOTE ** SEE: BANNISTER V. FARMERS ALLIANCE MUTUAL INSURANCE COMPANY CASE. . . 630 P.2d 1279 (1981) ** 69 O.S. 603 [ 69-603], 69 O.S. 601 [ 69-601], 69 O.S. 1903 [ 69-1903], 69 O.S. 654 [ 69-654] (BRUCK BAILEY) SEE OPINION NO. 89-042 (1989) ** SEE OPINION NO. 92-599 (1992) ** SEE OPINION NO. 87-537 (1987) ** ** SEE: OPINION NO. 71-294 (1971) **