Empathy List Archives

MP

Mark Pordos

Mon, Jan 13, 2020 5:14 PM

Our Town's Public Utility Authority is asking me whether or not they can
give some water to the local public school either free or for a discount.
It would not be for the school buildings but for watering ball fields, etc.
It would be seasonal and probably wouldn't involve a large amount of water.
I think it's a bit of a "good will" gesture as there has been some 'bad
blood' in the recent past (but not currently).

Thanks.

Mark

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Our Town's Public Utility Authority is asking me whether or not they can give some water to the local public school either free or for a discount. It would not be for the school buildings but for watering ball fields, etc. It would be seasonal and probably wouldn't involve a large amount of water. I think it's a bit of a "good will" gesture as there has been some 'bad blood' in the recent past (but not currently). Thanks. Mark NOTICE: THE CONTENTS OF THIS MESSAGE ARE SUBJECT TO THE ATTORNEY CLIENT PRIVILEGE, THE ATTORNEY WORK PRODUCT DOCTRINE, THE JOINT DEFENSE DOCTRINE AND ARE OTHERWISE CONFIDENTIAL AND PRIVILEGED. ADDITIONAL NOTICE: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: The information in this electronic mail, including any attachments, is sent by or on behalf of an attorney and is intended to be confidential and for the use of the intended recipient only. The information contained in this transmission and any attached documents or previous emails may be protected by the attorney-client privilege, work product doctrine, or otherwise legally privileged. If the reader of this message is not the intended recipient, you are notified that retention, use, dissemination, distribution, or copying of this message or any attachments hereto is strictly prohibited. Interception of electronic mail is a crime pursuant to the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and 2107-2709. If you received this electronic mail in error, please notify us immediately by reply and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you.

DD

david davis

Mon, Jan 13, 2020 5:25 PM

If your water utility is financed by outstanding revenue bonds there is likely a provision in the bond indenture that prohibits providing free water.

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.com mailto:ddavislaw@live.com

From: Oama oama-bounces@lists.imla.org on behalf of Mark Pordos pordos@att.net
Sent: Monday, January 13, 2020 11:14 AM
To: OAMA@lists.imla.org OAMA@lists.imla.org
Subject: [Oama] Public Utility and Local School - Water Use

Our Town’s Public Utility Authority is asking me whether or not they can give some water to the local public school either free or for a discount. It would not be for the school buildings but for watering ball fields, etc. It would be seasonal and probably wouldn’t involve a large amount of water. I think it’s a bit of a “good will” gesture as there has been some ‘bad blood’ in the recent past (but not currently).

Thanks.

Mark

NOTICE: THE CONTENTS OF THIS MESSAGE ARE SUBJECT TO THE ATTORNEY CLIENT PRIVILEGE, THE ATTORNEY WORK PRODUCT DOCTRINE, THE JOINT DEFENSE DOCTRINE AND ARE OTHERWISE CONFIDENTIAL AND PRIVILEGED.

ADDITIONAL NOTICE: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: The information in this electronic mail, including any attachments, is sent by or on behalf of an attorney and is intended to be confidential and for the use of the intended recipient only. The information contained in this transmission and any attached documents or previous emails may be protected by the attorney-client privilege, work product doctrine, or otherwise legally privileged. If the reader of this message is not the intended recipient, you are notified that retention, use, dissemination, distribution, or copying of this message or any attachments hereto is strictly prohibited. Interception of electronic mail is a crime pursuant to the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and 2107-2709. If you received this electronic mail in error, please notify us immediately by reply and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you.

If your water utility is financed by outstanding revenue bonds there is likely a provision in the bond indenture that prohibits providing free water. 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.com<mailto:ddavislaw@live.com> ________________________________ From: Oama <oama-bounces@lists.imla.org> on behalf of Mark Pordos <pordos@att.net> Sent: Monday, January 13, 2020 11:14 AM To: OAMA@lists.imla.org <OAMA@lists.imla.org> Subject: [Oama] Public Utility and Local School - Water Use Our Town’s Public Utility Authority is asking me whether or not they can give some water to the local public school either free or for a discount. It would not be for the school buildings but for watering ball fields, etc. It would be seasonal and probably wouldn’t involve a large amount of water. I think it’s a bit of a “good will” gesture as there has been some ‘bad blood’ in the recent past (but not currently). Thanks. Mark NOTICE: THE CONTENTS OF THIS MESSAGE ARE SUBJECT TO THE ATTORNEY CLIENT PRIVILEGE, THE ATTORNEY WORK PRODUCT DOCTRINE, THE JOINT DEFENSE DOCTRINE AND ARE OTHERWISE CONFIDENTIAL AND PRIVILEGED. ADDITIONAL NOTICE: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: The information in this electronic mail, including any attachments, is sent by or on behalf of an attorney and is intended to be confidential and for the use of the intended recipient only. The information contained in this transmission and any attached documents or previous emails may be protected by the attorney-client privilege, work product doctrine, or otherwise legally privileged. If the reader of this message is not the intended recipient, you are notified that retention, use, dissemination, distribution, or copying of this message or any attachments hereto is strictly prohibited. Interception of electronic mail is a crime pursuant to the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and 2107-2709. If you received this electronic mail in error, please notify us immediately by reply and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you.

JM

Jon Miller

Mon, Jan 13, 2020 5:27 PM

I would think that would be a public purpose to benefit the city and its residents. I would have a short agreement spelling out the public purpose.

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 Mark Pordos
Sent: Monday, January 13, 2020 11:14 AM
To: OAMA@lists.imla.org
Subject: [Oama] Public Utility and Local School - Water Use

Our Town's Public Utility Authority is asking me whether or not they can give some water to the local public school either free or for a discount. It would not be for the school buildings but for watering ball fields, etc. It would be seasonal and probably wouldn't involve a large amount of water. I think it's a bit of a "good will" gesture as there has been some 'bad blood' in the recent past (but not currently).

Thanks.

Mark

NOTICE: THE CONTENTS OF THIS MESSAGE ARE SUBJECT TO THE ATTORNEY CLIENT PRIVILEGE, THE ATTORNEY WORK PRODUCT DOCTRINE, THE JOINT DEFENSE DOCTRINE AND ARE OTHERWISE CONFIDENTIAL AND PRIVILEGED.

ADDITIONAL NOTICE: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: The information in this electronic mail, including any attachments, is sent by or on behalf of an attorney and is intended to be confidential and for the use of the intended recipient only. The information contained in this transmission and any attached documents or previous emails may be protected by the attorney-client privilege, work product doctrine, or otherwise legally privileged. If the reader of this message is not the intended recipient, you are notified that retention, use, dissemination, distribution, or copying of this message or any attachments hereto is strictly prohibited. Interception of electronic mail is a crime pursuant to the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and 2107-2709. If you received this electronic mail in error, please notify us immediately by reply and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you.

I would think that would be a public purpose to benefit the city and its residents. I would have a short agreement spelling out the public purpose. 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 Mark Pordos Sent: Monday, January 13, 2020 11:14 AM To: OAMA@lists.imla.org Subject: [Oama] Public Utility and Local School - Water Use Our Town's Public Utility Authority is asking me whether or not they can give some water to the local public school either free or for a discount. It would not be for the school buildings but for watering ball fields, etc. It would be seasonal and probably wouldn't involve a large amount of water. I think it's a bit of a "good will" gesture as there has been some 'bad blood' in the recent past (but not currently). Thanks. Mark NOTICE: THE CONTENTS OF THIS MESSAGE ARE SUBJECT TO THE ATTORNEY CLIENT PRIVILEGE, THE ATTORNEY WORK PRODUCT DOCTRINE, THE JOINT DEFENSE DOCTRINE AND ARE OTHERWISE CONFIDENTIAL AND PRIVILEGED. ADDITIONAL NOTICE: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: The information in this electronic mail, including any attachments, is sent by or on behalf of an attorney and is intended to be confidential and for the use of the intended recipient only. The information contained in this transmission and any attached documents or previous emails may be protected by the attorney-client privilege, work product doctrine, or otherwise legally privileged. If the reader of this message is not the intended recipient, you are notified that retention, use, dissemination, distribution, or copying of this message or any attachments hereto is strictly prohibited. Interception of electronic mail is a crime pursuant to the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and 2107-2709. If you received this electronic mail in error, please notify us immediately by reply and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you.

MR

Michael R. Vanderburg

Mon, Jan 13, 2020 5:37 PM

What you are looking for is 11 O. S. §22-125 (gifts of land) to create an implication. However, 11 O. S. §22-159 is more on point as to schools within the city limits. Grimes v. City of Oklahoma City, Okla., 49 P.3d 719 (2002)https://1.next.westlaw.com/Link/Document/FullText?findType=Y&serNum=2002349825&pubNum=0004645&originatingDoc=N74257870C68E11DB8F04FB3E68C8F4C5&refType=RP&originationContext=notesOfDecisions&contextData=%28sc.Search%29&transitionType=NotesOfDecisionItem

Does the city use a public trust to operate the water system. If so, does the public trust instrument say that it can make gifts to other public entities? Alternatively, could you provide for a special (lower) rate to be used solely for the irrigation of public facilities?

Mike Vanderburg
Ponca City

From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Mark Pordos
Sent: Monday, January 13, 2020 11:14 AM
To: OAMA@lists.imla.org
Subject: [Oama] Public Utility and Local School - Water Use

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.

Our Town's Public Utility Authority is asking me whether or not they can give some water to the local public school either free or for a discount. It would not be for the school buildings but for watering ball fields, etc. It would be seasonal and probably wouldn't involve a large amount of water. I think it's a bit of a "good will" gesture as there has been some 'bad blood' in the recent past (but not currently).

Thanks.

Mark

NOTICE: THE CONTENTS OF THIS MESSAGE ARE SUBJECT TO THE ATTORNEY CLIENT PRIVILEGE, THE ATTORNEY WORK PRODUCT DOCTRINE, THE JOINT DEFENSE DOCTRINE AND ARE OTHERWISE CONFIDENTIAL AND PRIVILEGED.

ADDITIONAL NOTICE: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: The information in this electronic mail, including any attachments, is sent by or on behalf of an attorney and is intended to be confidential and for the use of the intended recipient only. The information contained in this transmission and any attached documents or previous emails may be protected by the attorney-client privilege, work product doctrine, or otherwise legally privileged. If the reader of this message is not the intended recipient, you are notified that retention, use, dissemination, distribution, or copying of this message or any attachments hereto is strictly prohibited. Interception of electronic mail is a crime pursuant to the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and 2107-2709. If you received this electronic mail in error, please notify us immediately by reply and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you.

What you are looking for is 11 O. S. §22-125 (gifts of land) to create an implication. However, 11 O. S. §22-159 is more on point as to schools within the city limits. Grimes v. City of Oklahoma City, Okla., 49 P.3d 719 (2002)<https://1.next.westlaw.com/Link/Document/FullText?findType=Y&serNum=2002349825&pubNum=0004645&originatingDoc=N74257870C68E11DB8F04FB3E68C8F4C5&refType=RP&originationContext=notesOfDecisions&contextData=%28sc.Search%29&transitionType=NotesOfDecisionItem> Does the city use a public trust to operate the water system. If so, does the public trust instrument say that it can make gifts to other public entities? Alternatively, could you provide for a special (lower) rate to be used solely for the irrigation of public facilities? Mike Vanderburg Ponca City From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Mark Pordos Sent: Monday, January 13, 2020 11:14 AM To: OAMA@lists.imla.org Subject: [Oama] Public Utility and Local School - Water Use 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. Our Town's Public Utility Authority is asking me whether or not they can give some water to the local public school either free or for a discount. It would not be for the school buildings but for watering ball fields, etc. It would be seasonal and probably wouldn't involve a large amount of water. I think it's a bit of a "good will" gesture as there has been some 'bad blood' in the recent past (but not currently). Thanks. Mark NOTICE: THE CONTENTS OF THIS MESSAGE ARE SUBJECT TO THE ATTORNEY CLIENT PRIVILEGE, THE ATTORNEY WORK PRODUCT DOCTRINE, THE JOINT DEFENSE DOCTRINE AND ARE OTHERWISE CONFIDENTIAL AND PRIVILEGED. ADDITIONAL NOTICE: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: The information in this electronic mail, including any attachments, is sent by or on behalf of an attorney and is intended to be confidential and for the use of the intended recipient only. The information contained in this transmission and any attached documents or previous emails may be protected by the attorney-client privilege, work product doctrine, or otherwise legally privileged. If the reader of this message is not the intended recipient, you are notified that retention, use, dissemination, distribution, or copying of this message or any attachments hereto is strictly prohibited. Interception of electronic mail is a crime pursuant to the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and 2107-2709. If you received this electronic mail in error, please notify us immediately by reply and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you.

MP

Mark Pordos

Mon, Jan 13, 2020 6:04 PM

Yes, the public trust operates the water system I should have said that in
the first e-mail!

From: Michael R. Vanderburg [mailto:vandemr@poncacityok.gov]
Sent: Monday, January 13, 2020 11:37 AM
To: 'Mark Pordos'; OAMA@lists.imla.org
Subject: RE: [Oama] Public Utility and Local School - Water Use

What you are looking for is 11 O. S. §22-125 (gifts of land) to create an
implication. However, 11 O. S. §22-159 is more on point as to schools within
the city limits. Grimes v. City of Oklahoma City, Okla., 49 P.3d 719 (2002)
<https://1.next.westlaw.com/Link/Document/FullText?findType=Y&serNum=2002349
825&pubNum=0004645&originatingDoc=N74257870C68E11DB8F04FB3E68C8F4C5&refType=
RP&originationContext=notesOfDecisions&contextData=%28sc.Search%29&transitio
nType=NotesOfDecisionItem>

Does the city use a public trust to operate the water system. If so, does
the public trust instrument say that it can make gifts to other public
entities? Alternatively, could you provide for a special (lower) rate to be
used solely for the irrigation of public facilities?

Mike Vanderburg

Ponca City

From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Mark Pordos
Sent: Monday, January 13, 2020 11:14 AM
To: OAMA@lists.imla.org
Subject: [Oama] Public Utility and Local School - Water Use

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.

Our Towns Public Utility Authority is asking me whether or not they can
give some water to the local public school either free or for a discount.
It would not be for the school buildings but for watering ball fields, etc.
It would be seasonal and probably wouldnt involve a large amount of water.
I think its a bit of a good will gesture as there has been some bad
blood in the recent past (but not currently).

Thanks.

Mark

NOTICE: THE CONTENTS OF THIS MESSAGE ARE SUBJECT TO THE ATTORNEY CLIENT
PRIVILEGE, THE ATTORNEY WORK PRODUCT DOCTRINE, THE JOINT DEFENSE DOCTRINE
AND ARE OTHERWISE CONFIDENTIAL AND PRIVILEGED.

ADDITIONAL NOTICE: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: The
information in this electronic mail, including any attachments, is sent by
or on behalf of an attorney and is intended to be confidential and for the
use of the intended recipient only. The information contained in this
transmission and any attached documents or previous emails may be protected
by the attorney-client privilege, work product doctrine, or otherwise
legally privileged. If the reader of this message is not the intended
recipient, you are notified that retention, use, dissemination,
distribution, or copying of this message or any attachments hereto is
strictly prohibited. Interception of electronic mail is a crime pursuant to
the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and
2107-2709. If you received this electronic mail in error, please notify us
immediately by reply and destroy the original transmission and its
attachments without reading them or saving them to disk. Thank you.

Yes, the public trust operates the water system I should have said that in the first e-mail! From: Michael R. Vanderburg [mailto:vandemr@poncacityok.gov] Sent: Monday, January 13, 2020 11:37 AM To: 'Mark Pordos'; OAMA@lists.imla.org Subject: RE: [Oama] Public Utility and Local School - Water Use What you are looking for is 11 O. S. §22-125 (gifts of land) to create an implication. However, 11 O. S. §22-159 is more on point as to schools within the city limits. Grimes v. City of Oklahoma City, Okla., 49 P.3d 719 (2002) <https://1.next.westlaw.com/Link/Document/FullText?findType=Y&serNum=2002349 825&pubNum=0004645&originatingDoc=N74257870C68E11DB8F04FB3E68C8F4C5&refType= RP&originationContext=notesOfDecisions&contextData=%28sc.Search%29&transitio nType=NotesOfDecisionItem> Does the city use a public trust to operate the water system. If so, does the public trust instrument say that it can make gifts to other public entities? Alternatively, could you provide for a special (lower) rate to be used solely for the irrigation of public facilities? Mike Vanderburg Ponca City From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Mark Pordos Sent: Monday, January 13, 2020 11:14 AM To: OAMA@lists.imla.org Subject: [Oama] Public Utility and Local School - Water Use 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. Our Towns Public Utility Authority is asking me whether or not they can give some water to the local public school either free or for a discount. It would not be for the school buildings but for watering ball fields, etc. It would be seasonal and probably wouldnt involve a large amount of water. I think its a bit of a good will gesture as there has been some bad blood in the recent past (but not currently). Thanks. Mark NOTICE: THE CONTENTS OF THIS MESSAGE ARE SUBJECT TO THE ATTORNEY CLIENT PRIVILEGE, THE ATTORNEY WORK PRODUCT DOCTRINE, THE JOINT DEFENSE DOCTRINE AND ARE OTHERWISE CONFIDENTIAL AND PRIVILEGED. ADDITIONAL NOTICE: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: The information in this electronic mail, including any attachments, is sent by or on behalf of an attorney and is intended to be confidential and for the use of the intended recipient only. The information contained in this transmission and any attached documents or previous emails may be protected by the attorney-client privilege, work product doctrine, or otherwise legally privileged. If the reader of this message is not the intended recipient, you are notified that retention, use, dissemination, distribution, or copying of this message or any attachments hereto is strictly prohibited. Interception of electronic mail is a crime pursuant to the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and 2107-2709. If you received this electronic mail in error, please notify us immediately by reply and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you.

oama@lists.imla.org

Public Utility and Local School - Water Use