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Oklahoma Association of Municipal Attorneys

UTILITY DISCONNECTS

law@anestorlaw.com

Wed, Mar 25, 2020 7:03 PM

Can City utilities be disconnected for nonpayment during a State-of-Emergency?

Law Office of:
Andrew Nestor, III
312 West Broadway
Drumright, Oklahoma 74030
918.352.9700
918.352.9702 -Fax
law@anestorlaw.com - email
http://www.anestorlaw.com

(A) This communication is covered by the Electronic Communications Privacy Act, 18 USC §§ 2510-2521, and other applicable state and federal law. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately be e-mail and delete all copies of the message. (B) This communication is not intended to nor does it create or confirm any attorney-client relationship.(C) IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

Can City utilities be disconnected for nonpayment during a State-of-Emergency? Law Office of: Andrew Nestor, III 312 West Broadway Drumright, Oklahoma 74030 918.352.9700 918.352.9702 -Fax [ law@anestorlaw.com ]( http://law@anestorlaw.com ) - email [ http://www.anestorlaw.com ]( http://www.anestorlaw.com ) (A) This communication is covered by the Electronic Communications Privacy Act, 18 USC §§ 2510-2521, and other applicable state and federal law. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately be e-mail and delete all copies of the message. (B) This communication is not intended to nor does it create or confirm any attorney-client relationship.(C) IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

Michael R. Vanderburg

Wed, Mar 25, 2020 7:23 PM

CAN THEY BE DISCONNECTED?, probably. Almost certainly if the reason for the disconnect is unrelated to the emergency (theft of utilities, non-payment from before the emergency, etc.

SHOULD THEY ? – you be the judge. However, I know of no law in effect that suspends your contractual rights at this time.

Mike Vanderburg

Sent from Mail for Windows 10

From: law@anestorlaw.com
Sent: Wednesday, March 25, 2020 2:04 PM
To: oama@lists.imla.org
Subject: [Oama] UTILITY DISCONNECTS

Can City utilities be disconnected for nonpayment during a State-of-Emergency?

Law Office of:
Andrew Nestor, III
312 West Broadway
Drumright, Oklahoma 74030
918.352.9700
918.352.9702 -Fax
law@anestorlaw.com - email
http://www.anestorlaw.com

(A) This communication is covered by the Electronic Communications Privacy Act, 18 USC §§ 2510-2521, and other applicable state and federal law. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately be e-mail and delete all copies of the message. (B) This communication is not intended to nor does it create or confirm any attorney-client relationship.(C) IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

CAN THEY BE DISCONNECTED?, probably. Almost certainly if the reason for the disconnect is unrelated to the emergency (theft of utilities, non-payment from before the emergency, etc. SHOULD THEY ? – you be the judge. However, I know of no law in effect that suspends your contractual rights at this time. Mike Vanderburg Sent from Mail for Windows 10 From: law@anestorlaw.com Sent: Wednesday, March 25, 2020 2:04 PM To: oama@lists.imla.org Subject: [Oama] UTILITY DISCONNECTS Can City utilities be disconnected for nonpayment during a State-of-Emergency? Law Office of: Andrew Nestor, III 312 West Broadway Drumright, Oklahoma 74030 918.352.9700 918.352.9702 -Fax law@anestorlaw.com - email http://www.anestorlaw.com (A) This communication is covered by the Electronic Communications Privacy Act, 18 USC §§ 2510-2521, and other applicable state and federal law. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately be e-mail and delete all copies of the message. (B) This communication is not intended to nor does it create or confirm any attorney-client relationship.(C) IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).