Folks,

My city has some issues that I think may lead to a problem in the near
future.  We have someone who is running for office on a platform-in general-
of a moratorium on future subdivisions due to overcrowding in the schools
and the effect on the city's infrastructure.  Additionally, he/she wants to
funnel money directly from the city to the school.

I think the schools may have a capacity problem but the infrastructure
argument is incorrect.

1. Can a city place a moratorium on subdivisions and division of
   property?
2. Can a city legally funnel funds to the school system absent say a
   mutual assistance agreement?

I don't lie the concept behind either but was wondering, has anyone else
dealt with either of these issues.

Thank you in advance.

Ted

Ted W. Haxel, PLLC

108 North Second St.

P.O. Box 367

Purcell, OK 73080

405-527-5888

OFFICE HOURS

Monday-Thursday 8:30 a.m. to 4:30 p.m.

Friday 8:30 a.m.-noon

Here is the citation for the only Oklahoma case that I know of that deals with moratorium on development.  I believe this to be good law but note that the moratorium must be based on a proposed solution and not a permanent prohibition of development.

CONFIDENTIALITY NOTE:  This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com

From: Oama oama-bounces@lists.imla.org on behalf of Ted Haxel via Oama oama@lists.imla.org
Sent: Tuesday, March 9, 2021 11:19 AM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Moratorium

Folks,

My city has some issues that I think may lead to a problem in the near future.  We have someone who is running for office on a platform-in general- of a moratorium on future subdivisions due to overcrowding in the schools and the effect on the city’s infrastructure.  Additionally, he/she wants to funnel money directly from the city to the school.

I think the schools may have a capacity problem but the infrastructure argument is incorrect.

1. Can a city place a moratorium on subdivisions and division of property?
2. Can a city legally funnel funds to the school system absent say a mutual assistance agreement?

I don’t lie the concept behind either but was wondering, has anyone else dealt with either of these issues.

Thank you in advance.

Ted

Ted W. Haxel, PLLC

108 North Second St.

P.O. Box 367

Purcell, OK 73080

405-527-5888

OFFICE HOURS

Monday-Thursday 8:30 a.m. to 4:30 p.m.

Friday 8:30 a.m.-noon

On the issue of funneling money to a school district the following statute provides authority for limited transfer of funds to a school:

itle 11. Cities and Towns
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode Chapter 1 - Oklahoma Municipal Code
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleXXII-GeneralPowersofMunicipalities Article Article XXII - General Powers of Municipalities
[https://www.oscn.net/Images/Applications/search/WDDocument.gif] Section 22-125 - Gifts to Institutions in State System of Higher Education
Cite as: O.S. §, __ __

The municipal governing body may make gifts of any real estate belonging to the municipality to any institution in The Oklahoma State System of Higher Education or to any school district, which is located in the municipality. The municipal governing body may purchase or otherwise acquire real estate for this purpose, execute any instruments necessary for the transfer of real estate, and may give buildings or monies for the construction of buildings to institutions in the state system of higher education or any school district in this state. The governing boards of such institutions or school districts are hereby authorized to accept these gifts.

CONFIDENTIALITY NOTE:  This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com

From: Oama oama-bounces@lists.imla.org on behalf of Ted Haxel via Oama oama@lists.imla.org
Sent: Tuesday, March 9, 2021 11:19 AM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Moratorium

Folks,

My city has some issues that I think may lead to a problem in the near future.  We have someone who is running for office on a platform-in general- of a moratorium on future subdivisions due to overcrowding in the schools and the effect on the city’s infrastructure.  Additionally, he/she wants to funnel money directly from the city to the school.

I think the schools may have a capacity problem but the infrastructure argument is incorrect.

1. Can a city place a moratorium on subdivisions and division of property?
2. Can a city legally funnel funds to the school system absent say a mutual assistance agreement?

I don’t lie the concept behind either but was wondering, has anyone else dealt with either of these issues.

Thank you in advance.

Ted

Ted W. Haxel, PLLC

108 North Second St.

P.O. Box 367

Purcell, OK 73080

405-527-5888

OFFICE HOURS

Monday-Thursday 8:30 a.m. to 4:30 p.m.

Friday 8:30 a.m.-noon

The source of the funds being funneled to school district would also be an issue - if sales tax, many times there are restrictions on the funding allowed, if its municipal authorities, the case could certainly be made that the city can't "profit" from those fees and are doing more than covering their costs.  And if the growth is causing an issue with City infrastructure, you better use your funds to take care of those issues and let the schools take care of their own.  Remember, school money and city money both come from the pockets of taxpayers, and it's usually the same people.  I just can't imagine that there is enough money in municipal coffers in this state to funnel money to other entities--  just one loud voice shouldn't deprive the taxpayers of their funds or relieve the council's duty to provide services for the future.

We have transferred real property under the statute listed, but never funds.

And I would think that developers would crush the City in court with an attempt to limit development citywide.  Very arbitrary and capricious. The councilors could end up with personal liability for damages and/or legal fees and costs.

Lou Ann Moudy
P.O. Box 266, Henryetta, OK  74437
(918) 652-3328

This electronic mail transmission, including any accompanying documents or attachments, may contain confidential information intended solely for use or information for the receipent named above and is protected by the attorney-client privilege.  If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the reliance upon any of the contents of this transmission is strictly prohibited.  If you have received this transmission in error, please contact us immediately via telephone or reply transmission and then destroy this transmission and its accompanying documents or attachments.

From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of david davis
Sent: Tuesday, March 09, 2021 11:58 AM
To: oama@lists.imla.org; Ted Haxel haxellaw@aol.com
Subject: Re: [Oama] Moratorium

On the issue of funneling money to a school district the following statute provides authority for limited transfer of funds to a school:

itle 11. Cities and Towns
[Image removed by sender.] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode Chapter 1 - Oklahoma Municipal Code
[Image removed by sender.] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleXXII-GeneralPowersofMunicipalities Article Article XXII - General Powers of Municipalities
[Image removed by sender.] Section 22-125 - Gifts to Institutions in State System of Higher Education
Cite as: O.S. §, __ __

The municipal governing body may make gifts of any real estate belonging to the municipality to any institution in The Oklahoma State System of Higher Education or to any school district, which is located in the municipality. The municipal governing body may purchase or otherwise acquire real estate for this purpose, execute any instruments necessary for the transfer of real estate, and may give buildings or monies for the construction of buildings to institutions in the state system of higher education or any school district in this state. The governing boards of such institutions or school districts are hereby authorized to accept these gifts.

CONFIDENTIALITY NOTE:  This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com

From: Oama oama-bounces@lists.imla.org on behalf of Ted Haxel via Oama oama@lists.imla.org
Sent: Tuesday, March 9, 2021 11:19 AM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Moratorium

Folks,

My city has some issues that I think may lead to a problem in the near future.  We have someone who is running for office on a platform-in general- of a moratorium on future subdivisions due to overcrowding in the schools and the effect on the city's infrastructure.  Additionally, he/she wants to funnel money directly from the city to the school.

I think the schools may have a capacity problem but the infrastructure argument is incorrect.

1. Can a city place a moratorium on subdivisions and division of property?
2. Can a city legally funnel funds to the school system absent say a mutual assistance agreement?

I don't lie the concept behind either but was wondering, has anyone else dealt with either of these issues.

Thank you in advance.

Ted

Ted W. Haxel, PLLC

108 North Second St.

P.O. Box 367

Purcell, OK 73080

405-527-5888

OFFICE HOURS

Monday-Thursday 8:30 a.m. to 4:30 p.m.

Friday 8:30 a.m.-noon

See 11 os 8-113

itle 11. Cities and Towns
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode Chapter 1 - Oklahoma Municipal Code
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleVIII-Officers-GeneralProvisions Article Article VIII - Officers - General Provisions
[https://www.oscn.net/Images/Applications/search/WDDocument.gif] Section 8-113 - Prohibited Conduct
Cite as: O.S. §, __ __

A. Except as otherwise provided by this section, no municipal officer or employee, or any business in which the officer, employee, or spouse of the officer or employee has a proprietary interest, shall engage in:

1. Selling, buying, or leasing property, real or personal, to or from the municipality;

2. Contracting with the municipality; or

3. Buying or bartering for or otherwise engaging in any manner in the acquisition of any bonds, warrants, or other evidence of indebtedness of the municipality.

B. The provisions of this section shall not apply to any officer or employee of any municipality of this state with a population of not more than five thousand (5,000) according to the latest Federal Decennial Census, who has a proprietary interest in a business which is the only business of that type within five (5) miles of the corporate limits of the municipality. However, any activities permitted by this subsection shall not exceed Two Thousand Five Hundred Dollars ($2,500.00) for any single activity and shall not exceed Fifteen Thousand Dollars ($15,000.00) for all activities in any calendar year. Provided, however, such activity may exceed Fifteen Thousand Dollars ($15,000.00) per year if the municipality purchases items therefrom that are regularly sold to the general public in the normal course of business and the price charged to the municipality by the business does not exceed the price charged to the general public.

C. Provisions of this section shall not apply where competitive bids were obtained consistent with municipal ordinance or state law and two or more bids were submitted for the materials, supplies, or services to be procured by the municipality regardless of the population restrictions of subsection B of this section, provided the notice of bids was made public and open to all potential bidders.

D. All bids, both successful and unsuccessful, and all contracts and required bonds shall be placed on file and maintained in the main office of the awarding municipality for a period of five (5) years from the date of opening of bids or for a period of three (3) years from the date of completion of the contract, whichever is longer, shall be open to public inspection and shall be matters of public record.

E. For purposes of this section, "employee" means any person who is employed by a municipality more than ten (10) hours in a week for more than thirteen (13) consecutive weeks and who enters into, recommends or participates in the decision to enter into any transaction described in subsection A of this section. Any person who receives wages, reimbursement for expenses, or emoluments of any kind from a municipality, any spouse of the person, or any business in which the person or spouse has a proprietary interest shall not buy or otherwise become interested in the transfer of any surplus property of a municipality or a public trust of which the municipality is beneficiary unless the surplus property is offered for sale to the public after notice of the sale is published.

F. For purposes of this section, "proprietary interest" means ownership of more than twenty-five percent (25%) of the business or of the stock therein or any percentage which constitutes a controlling interest but shall not include any interest held by a blind trust.

G. Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor. Any transaction entered into in violation of the provisions of this section is void. Any member of a governing body who approves any transaction in violation of the provisions of this section shall be held personally liable for the amount of the transaction.

H. Notwithstanding the provisions of this section, any officer, director or employee of a financial institution may serve on a board of a public body. Provided, the member shall abstain from voting on any matter relating to a transaction between or involving the financial institution in which they are associated and the public body in which they serve.

Historical Data

CONFIDENTIALITY NOTE:  This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com

From: Oama oama-bounces@lists.imla.org on behalf of William Wheeler wwheeler@oktitleattorney.com
Sent: Wednesday, March 10, 2021 10:38 AM
To: O'Meilia, David via Oama oama@lists.imla.org
Cc: O'Meilia, David via Oama oama@lists.imla.org
Subject: [Oama] Conflict of Interest

Hello all!
I have a City Council Candidate who is employed by a company that does contract work with the City.  My question is this:  Does the employee  serving on the City Council create a conflict of interest which would void his employer’s contract with the city.  The Employee would obviously not be allowed to vote on any contracts or renewals.  The employee has no ownership interest in the company and no financial interest other that being paid a salary by the company.
Thanks for your assistance.

William W. Wheeler, Jr.
Mueller, Wheeler & Associates, PLLC
Attorney at Law
106 S. Division St.
P.O. Box 1201
Guthrie, OK 73044
(405) 282-7677
Fax (405) 708-5356
smueller@oktitleattorney.commailto:smueller@oktitleattorney.com
www.sherimuellerattorney.com

This message from the law office of Mueller, Wheeler & Associates, PLLC may contain confidential or privileged information. If you received this transmission in error, please call us immediately at (405)282-7677 or contact us by E-mail at smueller@oktitleattorney.com. Disclosure or use of any part of this message by persons other than the intended recipient is prohibited.

On Mar 9, 2021, at 11:19 AM, Ted Haxel via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org> wrote:

Folks,

My city has some issues that I think may lead to a problem in the near future.  We have someone who is running for office on a platform-in general- of a moratorium on future subdivisions due to overcrowding in the schools and the effect on the city’s infrastructure.  Additionally, he/she wants to funnel money directly from the city to the school.

I think the schools may have a capacity problem but the infrastructure argument is incorrect.

1. Can a city place a moratorium on subdivisions and division of property?
2. Can a city legally funnel funds to the school system absent say a mutual assistance agreement?

I don’t lie the concept behind either but was wondering, has anyone else dealt with either of these issues.

Thank you in advance.

Ted

Ted W. Haxel, PLLC
108 North Second St.
P.O. Box 367
Purcell, OK 73080
405-527-5888

OFFICE HOURS
Monday-Thursday 8:30 a.m. to 4:30 p.m.
Friday 8:30 a.m.-noon

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