Empathy List Archives

RV

Ray Vincent

Mon, Feb 3, 2020 5:47 PM

Should easements be granted to the City or the utility authority.

MR

Michael R. Vanderburg

Mon, Feb 3, 2020 7:50 PM

For many of you, it will make no difference.

However, I have a preference for having all of the real estate in the City's name. All cities will (virtually) always exist. In any event, the utility authority will not survive the end of its sole beneficiary.

While rare, there may be an occasion where the utility authority will need to be reorganized or even replaced. I have had to dissolve a utility authority due to the need to expand the functions and for bonding reasons. It would be easy to miss a real estate interest in such a setting.

If the City owns the property, you can simply lease or otherwise assign operational control to the Authority as and when needed. The dissolution of the trust ends the lease automatically and a new lease to the replacement trust puts you back in business without the possibility of overlooking a needed real estate interest.

Mike Vanderburg
Ponca City

From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Ray Vincent
Sent: Monday, February 03, 2020 11:48 AM
To: OAMA luistserv (OAMA@lists.imla.org)
Subject: [Oama] utility Easements

CAUTION: This email originated from outside of the organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe.

Should easements be granted to the City or the utility authority.

For many of you, it will make no difference. However, I have a preference for having all of the real estate in the City's name. All cities will (virtually) always exist. In any event, the utility authority will not survive the end of its sole beneficiary. While rare, there may be an occasion where the utility authority will need to be reorganized or even replaced. I have had to dissolve a utility authority due to the need to expand the functions and for bonding reasons. It would be easy to miss a real estate interest in such a setting. If the City owns the property, you can simply lease or otherwise assign operational control to the Authority as and when needed. The dissolution of the trust ends the lease automatically and a new lease to the replacement trust puts you back in business without the possibility of overlooking a needed real estate interest. Mike Vanderburg Ponca City From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Ray Vincent Sent: Monday, February 03, 2020 11:48 AM To: OAMA luistserv (OAMA@lists.imla.org) Subject: [Oama] utility Easements CAUTION: This email originated from outside of the organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe. Should easements be granted to the City or the utility authority.

JM

Jon Miller

Mon, Feb 3, 2020 8:28 PM

I agree with Mike. Our city leases real property that is used for water and sewer services to the municipal authority, but the property is kept in the name of the city.

Jonathan E. Miller
City Attorney
City of Mustang
P.O. Box 850854
Yukon, Oklahoma 73085
Telephone: (405) 938-9108

This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender.

From: Oama oama-bounces@lists.imla.org On Behalf Of Michael R. Vanderburg
Sent: Monday, February 3, 2020 1:50 PM
To: 'Ray Vincent' CityAttorney@choctawcity.org; OAMA luistserv (OAMA@lists.imla.org) OAMA@lists.imla.org
Subject: Re: [Oama] utility Easements

For many of you, it will make no difference.

However, I have a preference for having all of the real estate in the City's name. All cities will (virtually) always exist. In any event, the utility authority will not survive the end of its sole beneficiary.

While rare, there may be an occasion where the utility authority will need to be reorganized or even replaced. I have had to dissolve a utility authority due to the need to expand the functions and for bonding reasons. It would be easy to miss a real estate interest in such a setting.

If the City owns the property, you can simply lease or otherwise assign operational control to the Authority as and when needed. The dissolution of the trust ends the lease automatically and a new lease to the replacement trust puts you back in business without the possibility of overlooking a needed real estate interest.

Mike Vanderburg
Ponca City

From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Ray Vincent
Sent: Monday, February 03, 2020 11:48 AM
To: OAMA luistserv (OAMA@lists.imla.org mailto:OAMA@lists.imla.org)
Subject: [Oama] utility Easements

CAUTION: This email originated from outside of the organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe.

Should easements be granted to the City or the utility authority.

I agree with Mike. Our city leases real property that is used for water and sewer services to the municipal authority, but the property is kept in the name of the city. Jonathan E. Miller City Attorney City of Mustang P.O. Box 850854 Yukon, Oklahoma 73085 Telephone: (405) 938-9108 ********************************************************************************************* This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. From: Oama <oama-bounces@lists.imla.org> On Behalf Of Michael R. Vanderburg Sent: Monday, February 3, 2020 1:50 PM To: 'Ray Vincent' <CityAttorney@choctawcity.org>; OAMA luistserv (OAMA@lists.imla.org) <OAMA@lists.imla.org> Subject: Re: [Oama] utility Easements For many of you, it will make no difference. However, I have a preference for having all of the real estate in the City's name. All cities will (virtually) always exist. In any event, the utility authority will not survive the end of its sole beneficiary. While rare, there may be an occasion where the utility authority will need to be reorganized or even replaced. I have had to dissolve a utility authority due to the need to expand the functions and for bonding reasons. It would be easy to miss a real estate interest in such a setting. If the City owns the property, you can simply lease or otherwise assign operational control to the Authority as and when needed. The dissolution of the trust ends the lease automatically and a new lease to the replacement trust puts you back in business without the possibility of overlooking a needed real estate interest. Mike Vanderburg Ponca City From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Ray Vincent Sent: Monday, February 03, 2020 11:48 AM To: OAMA luistserv (OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>) Subject: [Oama] utility Easements CAUTION: This email originated from outside of the organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe. Should easements be granted to the City or the utility authority.

RV

Ray Vincent

Mon, Feb 3, 2020 9:28 PM

Thanks everyone.
Ray

From: Jon Miller jonmiller@jem-pc.com
Sent: Monday, February 3, 2020 2:28 PM
To: Michael R. Vanderburg vandemr@poncacityok.gov; Ray Vincent CityAttorney@choctawcity.org; OAMA luistserv (OAMA@lists.imla.org) OAMA@lists.imla.org
Subject: RE: utility Easements

I agree with Mike. Our city leases real property that is used for water and sewer services to the municipal authority, but the property is kept in the name of the city.

Jonathan E. Miller

City Attorney

City of Mustang

P.O. Box 850854

Yukon, Oklahoma 73085

Telephone: (405) 938-9108

This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender.

From: Oama oama-bounces@lists.imla.org On Behalf Of Michael R. Vanderburg
Sent: Monday, February 3, 2020 1:50 PM
To: 'Ray Vincent' CityAttorney@choctawcity.org; OAMA luistserv (OAMA@lists.imla.org) OAMA@lists.imla.org
Subject: Re: [Oama] utility Easements

For many of you, it will make no difference.

However, I have a preference for having all of the real estate in the City’s name. All cities will (virtually) always exist. In any event, the utility authority will not survive the end of its sole beneficiary.

While rare, there may be an occasion where the utility authority will need to be reorganized or even replaced. I have had to dissolve a utility authority due to the need to expand the functions and for bonding reasons. It would be easy to miss a real estate interest in such a setting.

If the City owns the property, you can simply lease or otherwise assign operational control to the Authority as and when needed. The dissolution of the trust ends the lease automatically and a new lease to the replacement trust puts you back in business without the possibility of overlooking a needed real estate interest.

Mike Vanderburg

Ponca City

From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Ray Vincent
Sent: Monday, February 03, 2020 11:48 AM
To: OAMA luistserv (OAMA@lists.imla.org mailto:OAMA@lists.imla.org)
Subject: [Oama] utility Easements

CAUTION: This email originated from outside of the organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe.

Should easements be granted to the City or the utility authority.

Thanks everyone. Ray ________________________________ From: Jon Miller <jonmiller@jem-pc.com> Sent: Monday, February 3, 2020 2:28 PM To: Michael R. Vanderburg <vandemr@poncacityok.gov>; Ray Vincent <CityAttorney@choctawcity.org>; OAMA luistserv (OAMA@lists.imla.org) <OAMA@lists.imla.org> Subject: RE: utility Easements I agree with Mike. Our city leases real property that is used for water and sewer services to the municipal authority, but the property is kept in the name of the city. Jonathan E. Miller City Attorney City of Mustang P.O. Box 850854 Yukon, Oklahoma 73085 Telephone: (405) 938-9108 ********************************************************************************************* This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. From: Oama <oama-bounces@lists.imla.org> On Behalf Of Michael R. Vanderburg Sent: Monday, February 3, 2020 1:50 PM To: 'Ray Vincent' <CityAttorney@choctawcity.org>; OAMA luistserv (OAMA@lists.imla.org) <OAMA@lists.imla.org> Subject: Re: [Oama] utility Easements For many of you, it will make no difference. However, I have a preference for having all of the real estate in the City’s name. All cities will (virtually) always exist. In any event, the utility authority will not survive the end of its sole beneficiary. While rare, there may be an occasion where the utility authority will need to be reorganized or even replaced. I have had to dissolve a utility authority due to the need to expand the functions and for bonding reasons. It would be easy to miss a real estate interest in such a setting. If the City owns the property, you can simply lease or otherwise assign operational control to the Authority as and when needed. The dissolution of the trust ends the lease automatically and a new lease to the replacement trust puts you back in business without the possibility of overlooking a needed real estate interest. Mike Vanderburg Ponca City From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Ray Vincent Sent: Monday, February 03, 2020 11:48 AM To: OAMA luistserv (OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>) Subject: [Oama] utility Easements CAUTION: This email originated from outside of the organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe. Should easements be granted to the City or the utility authority.

oama@lists.imla.org

utility Easements