Muncipal Water service question
Is anyone aware of any authority that requires a municipality to provide water service to citizens? Must a municipality allow citizens to connect to the municipal water system if they are willing to pay for the connection? I can't find anything on these topics.
Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office
It usually works just the opposite of what you have proposed. Most cities have ordinance requiring connection, in part to insure sufficient revenue to pay the bonds or water board loan to build the water system. Unless the city is at max capacity for water it can produce, there is no reason a city would not want the connection.
Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.commailto:rthompson@cheekfalcone.com
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From: Oama oama-bounces@lists.imla.org On Behalf Of Teresa Nowlin
Sent: Thursday, April 30, 2020 12:39 PM
To: OAMA@lists.imla.org
Subject: [Oama] Muncipal Water service question
Is anyone aware of any authority that requires a municipality to provide water service to citizens? Must a municipality allow citizens to connect to the municipal water system if they are willing to pay for the connection? I can't find anything on these topics.
Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office
Teresa,
Generally, the municipal ordinances will address who is required to connect to the city's water supply, as well as who may connect. Often ordinances provide that a person is required to connect if they are within a certain distance from an available supply. Generally, the city wants to provide service to its residents to share the capital costs over a larger group of residents. If there is someone who lives close to a city supply line, but they are outside of the city limits, a city will sometimes agree to provide service to that person. However, a separate agreement, approved by the city council, is generally required, and that agreement will often provide that the non-citizen who is connecting may be disconnected if there is water rationing and may pay on a different rate structure.
Do you have a citizen who is demanding they be connected, but there is not a water supply line immediately available? The city is generally not required to construct a line to service one person. What are the facts of your situation?
Jonathan E. Miller
City Attorney
City of Mustang
P.O. Box 546
Piedmont, Oklahoma 73078
Telephone: (405) 938-9108
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From: Oama oama-bounces@lists.imla.org On Behalf Of Teresa Nowlin
Sent: Thursday, April 30, 2020 12:39 PM
To: OAMA@lists.imla.org
Subject: [Oama] Muncipal Water service question
Is anyone aware of any authority that requires a municipality to provide water service to citizens? Must a municipality allow citizens to connect to the municipal water system if they are willing to pay for the connection? I can't find anything on these topics.
Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office
I agree with Robert. There is some authority that public utilities must make service available on reasonable terms and conditions to all comers. I think there is a Corporation Commission rule that applies to private water utilities as well, but I don't know of anything similar that applies to municipalities.
Good Luck!
Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.commailto:apixley@soonerlaw.com
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From: Oama oama-bounces@lists.imla.org On Behalf Of Robert Thompson
Sent: Thursday, April 30, 2020 1:09 PM
To: Teresa Nowlin tnowlin@jenksok.org; OAMA@lists.imla.org
Subject: Re: [Oama] Muncipal Water service question
It usually works just the opposite of what you have proposed. Most cities have ordinance requiring connection, in part to insure sufficient revenue to pay the bonds or water board loan to build the water system. Unless the city is at max capacity for water it can produce, there is no reason a city would not want the connection.
Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.commailto:rthompson@cheekfalcone.com
CONFIDENTIALITY NOTE:
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From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Teresa Nowlin
Sent: Thursday, April 30, 2020 12:39 PM
To: OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: [Oama] Muncipal Water service question
Is anyone aware of any authority that requires a municipality to provide water service to citizens? Must a municipality allow citizens to connect to the municipal water system if they are willing to pay for the connection? I can't find anything on these topics.
Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office