I have a fellow lawyer that represents a municipality. We bounce stuff off each other and he has this problem. In his municipality the city and the school are unfortunately at odds. There was an old ordinance that provided the school would be billed a set about each month for water regardless of the amount actually used. Ordinance is fairly old, school grew and the city began charging more than the ordinance provided. This apparently went on for a long time before anyone caught it. The city immediately changed the ordinance when the ordinance was "rediscovered" and further provided that if one was in the city limits he/she/it had to buy city water. The school has 3 wells it could refurbish which would meet its needs. The issue is can a city force another governmental entity to purchase it's water? Ted Haxel Ted W. Haxel (OBA#3997) Attorney at Law 108 North Second St. P.O. Box 367 Purcell, OK 73080 405-527-5888 phone 405-527-6666 fax HOURS: Monday-Thursday 8:00 a.m.-4:30 p.m.; Friday 8:00 a.m.-noon. The information contained in this message is confidential information intended only for the intended recipient. If you are not the intended recipient, or if you believe you have received this transmission in error, do not distribute, disclose or copy this message. Please immediately notify us by telephone or by return email, and delete this email and any attachments from your electronic files.

A city can require a stand by fee if water is available, and require new construction or development to use city utilities. One of my cities discovered that they had been overcharging the schools for years, but also discovered that due to a faulty meter, one school building had not been billed in decades. Friendly suit ensued. Sent from my iPhone > On Jan 15, 2020, at 11:36 AM, Andie via Oama <oama@lists.imla.org> wrote: > >  > I have a fellow lawyer that represents a municipality. We bounce stuff off each other and he has this problem. In his municipality the city and the school are unfortunately at odds. There was an old ordinance that provided the school would be billed a set about each month for water regardless of the amount actually used. Ordinance is fairly old, school grew and the city began charging more than the ordinance provided. This apparently went on for a long time before anyone caught it. The city immediately changed the ordinance when the ordinance was “rediscovered” and further provided that if one was in the city limits he/she/it had to buy city water. The school has 3 wells it could refurbish which would meet its needs. The issue is can a city force another governmental entity to purchase it’s water? > > Ted Haxel > > Ted W. Haxel (OBA#3997) > Attorney at Law > 108 North Second St. > P.O. Box 367 > Purcell, OK 73080 > 405-527-5888 phone > 405-527-6666 fax > > HOURS: Monday-Thursday 8:00 a.m.-4:30 p.m.; Friday 8:00 a.m.-noon. > > The information contained in this message is confidential information intended only for the intended recipient. If you are not the intended recipient, or if you believe you have received this transmission in error, do not distribute, disclose or copy this message. Please immediately notify us by telephone or by return email, and delete this email and any attachments from your electronic files. > > -- > Oama mailing list > Oama@lists.imla.org > http://lists.imla.org/mailman/listinfo/oama_lists.imla.org