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Water Outside Municipal Limits

K
Kim@spadylaw.com
Tue, Feb 8, 2022 9:47 PM

If your municipality provides water and/or sewer to customers outside
municipal limits, are the charges to the outsiders more than those inside
limits?

I know many (if not most) do charge more, but I don't believe that's legally
required, is it?

Thanks

Kim Spady

If your municipality provides water and/or sewer to customers outside municipal limits, are the charges to the outsiders more than those inside limits? I know many (if not most) do charge more, but I don't believe that's legally required, is it? Thanks Kim Spady
ML
Matt Love
Tue, Feb 8, 2022 10:02 PM

I don't think there is an obligation to charge a different rate to out of
City customers. It looks like you can sell it for whatever price the
customer will agree to:

https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKSTOklahoma
Statutes Citationized
https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11Title
11. Cities and Towns
https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCodeChapter
1 - Oklahoma Municipal Code
https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleXXXVII-SewerandWaterSystemsArticle
Article XXXVII - Sewer and Water Systems        Section 37-120 - Extension
of Lines Beyond Limits - Contracts for Furnishing Water Outside Limits.*Cite
as: O.S. §, __ __

Any municipality owning or operating its own waterworks plant and every
municipality engaged in the distribution of water may extend its lines
beyond the corporate limits of such municipality and may acquire,
construct, own, maintain and operate all necessary lines, apparatus and
equipment, and acquire rights of way, and do all things necessary and
proper in carrying on the business and furnishing water to any person,
firm, corporation or other municipality beyond the corporate limits of the
municipality, to the same extent as it may now do within the corporate
limits of the municipality. All water so sold and furnished to persons,
firms, corporations and other municipalities beyond and without the
corporate limits of the municipality so selling and furnishing the same
shall be sold and furnished only under written contracts upon such terms
and conditions as may be agreed upon by negotiation between the
municipality and such persons, firms, corporations or other municipalities.
Nothing herein contained shall be construed to impose any duty or
obligation upon any municipality to sell or furnish water to any person,
firm, corporation or municipality beyond its corporate limits except as the
municipality may expressly undertake by the terms of the written contract.

On Tue, Feb 8, 2022 at 3:48 PM Kim@spadylaw.com wrote:

If your municipality provides water and/or sewer to customers outside
municipal limits, are the charges to the outsiders more than those inside
limits?

I know many (if not most) do charge more, but I don’t believe that’s
legally required, is it?

Thanks

Kim Spady

--
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To unsubscribe send an email to oama-leave@lists.imla.org

I don't think there is an obligation to charge a different rate to out of City customers. It looks like you can sell it for whatever price the customer will agree to: * <https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST>Oklahoma Statutes Citationized <https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11>Title 11. Cities and Towns <https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode>Chapter 1 - Oklahoma Municipal Code <https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleXXXVII-SewerandWaterSystems>Article Article XXXVII - Sewer and Water Systems Section 37-120 - Extension of Lines Beyond Limits - Contracts for Furnishing Water Outside Limits.*Cite as: O.S. §, __ __ ------------------------------ Any municipality owning or operating its own waterworks plant and every municipality engaged in the distribution of water may extend its lines beyond the corporate limits of such municipality and may acquire, construct, own, maintain and operate all necessary lines, apparatus and equipment, and acquire rights of way, and do all things necessary and proper in carrying on the business and furnishing water to any person, firm, corporation or other municipality beyond the corporate limits of the municipality, to the same extent as it may now do within the corporate limits of the municipality. All water so sold and furnished to persons, firms, corporations and other municipalities beyond and without the corporate limits of the municipality so selling and furnishing the same shall be sold and furnished only under written contracts upon such terms and conditions as may be agreed upon by negotiation between the municipality and such persons, firms, corporations or other municipalities. Nothing herein contained shall be construed to impose any duty or obligation upon any municipality to sell or furnish water to any person, firm, corporation or municipality beyond its corporate limits except as the municipality may expressly undertake by the terms of the written contract. On Tue, Feb 8, 2022 at 3:48 PM <Kim@spadylaw.com> wrote: > If your municipality provides water and/or sewer to customers outside > municipal limits, are the charges to the outsiders more than those inside > limits? > > > > I know many (if not most) do charge more, but I don’t believe that’s > legally required, is it? > > > > Thanks > > Kim Spady > > > -- > Oama mailing list -- oama@lists.imla.org > To unsubscribe send an email to oama-leave@lists.imla.org >
DD
david davis
Tue, Feb 8, 2022 10:36 PM

This statute provides some guidelines for water purchase contracts.

itle 11. Cities and Towns
[cid:image001.gif@01D81D09.F053E210] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode Chapter 1 - Oklahoma Municipal Code
[cid:image001.gif@01D81D09.F053E210] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleXXXVII-SewerandWaterSystems Article Article XXXVII - Sewer and Water Systems
[cid:image002.gif@01D81D09.F053E210] Section 37-119 - Contracts for Water - How Made - Provision Abrogation
Cite as: O.S. §, __ __


A. All contracts for the sale or furnishing of water from a source obtained by or on behalf of a municipality by permit or prior right under state law or by general obligation bonds shall be made in the name of the municipality as provided for by statute or by charter.
B. All such water sold and furnished to persons or public or private entities outside the corporate limits of the municipality shall be sold and furnished upon written contracts which shall provide for an annual review of the municipality's costs and contract modification of rates to permit rates to be increased or decreased to the purchasers as appropriate. Any modification shall be nondiscriminatorily allocated between the municipality's customers and the purchaser. Provided, however, that only those costs that are attributable to maintaining the ability of the municipality to provide water service to the purchaser shall be included in purchaser's rates.
The contracts shall provide that the persons or public or private entities outside the corporate limits of the municipality shall be subject to a rationing program consistent with any rationing program ordered by the municipality.

From: Kim@spadylaw.com Kim@spadylaw.com
Sent: Tuesday, February 8, 2022 3:48 PM
To: oama@lists.imla.org
Subject: [Oama] Water Outside Municipal Limits

If your municipality provides water and/or sewer to customers outside municipal limits, are the charges to the outsiders more than those inside limits?

I know many (if not most) do charge more, but I don't believe that's legally required, is it?

Thanks
Kim Spady

This statute provides some guidelines for water purchase contracts. itle 11. Cities and Towns [cid:image001.gif@01D81D09.F053E210] <https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode> Chapter 1 - Oklahoma Municipal Code [cid:image001.gif@01D81D09.F053E210] <https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleXXXVII-SewerandWaterSystems> Article Article XXXVII - Sewer and Water Systems [cid:image002.gif@01D81D09.F053E210] Section 37-119 - Contracts for Water - How Made - Provision Abrogation Cite as: O.S. §, __ __ ________________________________ A. All contracts for the sale or furnishing of water from a source obtained by or on behalf of a municipality by permit or prior right under state law or by general obligation bonds shall be made in the name of the municipality as provided for by statute or by charter. B. All such water sold and furnished to persons or public or private entities outside the corporate limits of the municipality shall be sold and furnished upon written contracts which shall provide for an annual review of the municipality's costs and contract modification of rates to permit rates to be increased or decreased to the purchasers as appropriate. Any modification shall be nondiscriminatorily allocated between the municipality's customers and the purchaser. Provided, however, that only those costs that are attributable to maintaining the ability of the municipality to provide water service to the purchaser shall be included in purchaser's rates. The contracts shall provide that the persons or public or private entities outside the corporate limits of the municipality shall be subject to a rationing program consistent with any rationing program ordered by the municipality. From: Kim@spadylaw.com <Kim@spadylaw.com> Sent: Tuesday, February 8, 2022 3:48 PM To: oama@lists.imla.org Subject: [Oama] Water Outside Municipal Limits If your municipality provides water and/or sewer to customers outside municipal limits, are the charges to the outsiders more than those inside limits? I know many (if not most) do charge more, but I don't believe that's legally required, is it? Thanks Kim Spady