City Agreement with Rural Water District
All,
I haven't had a lot of experience with rural water districts, but now I am addressing a scenario in two cities which I'm sure some of you have seen before. A developer wants to develop land located within (or outside) the city limits and within a rural water district. The City would like to see the development and is amenable to providing sewer service only. However, if all the city provides is sewer service, what does it do if it doesn't get paid for that service? If a city or RWD doesn't get paid for water which has been previously provided, the indebted customer's water service is shut off - but we can't shut off sewer service. It seems to me the only way to collect moneys owed would be through the normal debt collection routes.
An option might be to enter into an agreement with the RWD (and the customers) that the RWD will collect the sewer payments, remit them to the city, and shut off water if the water and sewer bills aren't paid in full. Another option would be an agreement with the RWD and customers that, upon receipt of notice from the city that the sewer bill hasn't been paid, the RWD will shut off the water. Does anyone have any type of agreement with a RWD which addresses this situation? Do you have a better idea for solving this problem?
As always, I appreciate you guys!
Tammy
[cid:image001.jpg@01D90FCD.B55996C0]
Tammy Ewing
Attorney & Mediator
Ewing Law Office, PLLC
Phone: (918) 752-9550
Email: tammy@ewing.legalmailto:tammy@ewing.legal
Website : ewing.legalhttp://www.ewing.legal/
751 West 150th Street
Glenpool, OK 74033
Now Scheduling Mediations through DRC!
http://www.drc-ok.com/scheduling
See 11 O.S. 22-112.5 (Termination of Water Services When Different Public
Entities Provide Water and Waste Services). Ran into this issue where I'm
City Attorney where we provide Sewer but not Water. We got this statute
adopted to provide a legal authority for the water providing public entity
to terminate water service (of a customer whose paying their water bill).
It doesn't mandate that the water-providing entity terminate service - it
merely provides a legal authority (duck and cover) to that entity.
On Wed, Dec 14, 2022 at 3:10 PM Tammy Ewing tammy@ewing.legal wrote:
All,
I haven’t had a lot of experience with rural water districts, but now I am
addressing a scenario in two cities which I’m sure some of you have seen
before. A developer wants to develop land located within (or outside) the
city limits and within a rural water district. The City would like to see
the development and is amenable to providing sewer service only. However,
if all the city provides is sewer service, what does it do if it doesn’t
get paid for that service? If a city or RWD doesn’t get paid for water
which has been previously provided, the indebted customer’s water service
is shut off – but we can’t shut off sewer service. It seems to me the only
way to collect moneys owed would be through the normal debt collection
routes.
An option might be to enter into an agreement with the RWD (and the
customers) that the RWD will collect the sewer payments, remit them to the
city, and shut off water if the water and sewer bills aren’t paid in full.
Another option would be an agreement with the RWD and customers that, upon
receipt of notice from the city that the sewer bill hasn’t been paid, the
RWD will shut off the water. Does anyone have any type of agreement with a
RWD which addresses this situation? Do you have a better idea for solving
this problem?
As always, I appreciate you guys!
Tammy
Tammy Ewing
Attorney & Mediator
Ewing Law Office, PLLC
Phone: (918) 752-9550
Email: tammy@ewing.legal
Website : ewing.legal http://www.ewing.legal/
751 West 150th Street
Glenpool, OK 74033
Now Scheduling Mediations through DRC!
http://www.drc-ok.com/scheduling
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This statute covers the situation you described.
klahoma Statutes Citationized
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11 Title 11. Cities and Towns
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode Chapter 1 - Oklahoma Municipal Code
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleXXII-GeneralPowersofMunicipalities Article Article XXII - General Powers of Municipalities
[https://www.oscn.net/Images/Applications/search/WDDocument.gif] Section 22-112.5 - Termination of Water Services When Different Public Entities Provide Water and Waste Services
Cite as: O.S. §, __ __
A. Where water service is provided to real property by one public entity but that property receives sewer or waste water service from another public entity, and where the sewer or waste water account for the property has been found to be delinquent as determined by the policies adopted by the public entity regarding nonpayment, the governing body of the public entity providing sewer or waste water service to that property may request that the public entity providing water service terminate water service. Until the delinquency has been resolved, the governing body of the public entity providing sewer or waste water service requesting the termination of water service shall provide a proposed date for termination and notice to the public entity providing water service, and to the account holder and property owner of the subject property at least thirty (30) days prior to the proposed date for termination. The public entity providing water service may terminate water service at the subject property on the proposed date for termination or within thirty (30) days thereafter. Should the sewer or waste water delinquency be resolved during the pendency of the termination of water service, or sometime thereafter, the public entity which requested termination of water service shall provide the public entity providing water service notice of the resolution of delinquency no later than the first business day following resolution. The public entity providing water service shall renew water service no later than the first business day following the notice. Should the sewer or waste water delinquency be resolved during the pendency of the termination of water service, or sometime thereafter, the public entity which requested termination of water service shall provide the account holder and the property owner notice of the resolution of the delinquency, upon request.
B. Each public entity desiring to utilize the termination provision authorized in subsection A of this section shall enact, in accordance to law and as required by this act, notice and hearing procedures to ensure account holders and property owners receive adequate notice and opportunity for hearing prior to commencement of the procedures authorized in subsection A of this secti
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.commailto:ddavislaw@live.com
From: Tammy Ewing tammy@ewing.legal
Sent: Wednesday, December 14, 2022 3:09 PM
To: OAMA@lists.imla.org oama@lists.imla.org
Subject: [Oama] City Agreement with Rural Water District
All,
I haven’t had a lot of experience with rural water districts, but now I am addressing a scenario in two cities which I’m sure some of you have seen before. A developer wants to develop land located within (or outside) the city limits and within a rural water district. The City would like to see the development and is amenable to providing sewer service only. However, if all the city provides is sewer service, what does it do if it doesn’t get paid for that service? If a city or RWD doesn’t get paid for water which has been previously provided, the indebted customer’s water service is shut off – but we can’t shut off sewer service. It seems to me the only way to collect moneys owed would be through the normal debt collection routes.
An option might be to enter into an agreement with the RWD (and the customers) that the RWD will collect the sewer payments, remit them to the city, and shut off water if the water and sewer bills aren’t paid in full. Another option would be an agreement with the RWD and customers that, upon receipt of notice from the city that the sewer bill hasn’t been paid, the RWD will shut off the water. Does anyone have any type of agreement with a RWD which addresses this situation? Do you have a better idea for solving this problem?
As always, I appreciate you guys!
Tammy
[cid:image001.jpg@01D90FCD.B55996C0]
Tammy Ewing
Attorney & Mediator
Ewing Law Office, PLLC
Phone: (918) 752-9550
Email: tammy@ewing.legalmailto:tammy@ewing.legal
751 West 150th Street
Glenpool, OK 74033
Now Scheduling Mediations through DRC!
http://www.drc-ok.com/schedulinghttps://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.drc-ok.com%2Fscheduling&data=05%7C01%7C%7Cd811f05e24ce4d805da608dade178ba5%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C638066489960588297%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=uz0xGHsJh1kZpmIWojMAxMMNX3dJnc2YXjyUi31Co9Q%3D&reserved=0
Thank you, David. And thank you, Matt.
From: david davis ddavislaw@live.com
Sent: Wednesday, December 14, 2022 3:15 PM
To: Tammy Ewing tammy@ewing.legal; OAMA@lists.imla.org
Subject: Re: City Agreement with Rural Water District
This statute covers the situation you described.
klahoma Statutes Citationized
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11 Title 11. Cities and Towns
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode Chapter 1 - Oklahoma Municipal Code
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleXXII-GeneralPowersofMunicipalities Article Article XXII - General Powers of Municipalities
[https://www.oscn.net/Images/Applications/search/WDDocument.gif] Section 22-112.5 - Termination of Water Services When Different Public Entities Provide Water and Waste Services
Cite as: O.S. §, __ __
A. Where water service is provided to real property by one public entity but that property receives sewer or waste water service from another public entity, and where the sewer or waste water account for the property has been found to be delinquent as determined by the policies adopted by the public entity regarding nonpayment, the governing body of the public entity providing sewer or waste water service to that property may request that the public entity providing water service terminate water service. Until the delinquency has been resolved, the governing body of the public entity providing sewer or waste water service requesting the termination of water service shall provide a proposed date for termination and notice to the public entity providing water service, and to the account holder and property owner of the subject property at least thirty (30) days prior to the proposed date for termination. The public entity providing water service may terminate water service at the subject property on the proposed date for termination or within thirty (30) days thereafter. Should the sewer or waste water delinquency be resolved during the pendency of the termination of water service, or sometime thereafter, the public entity which requested termination of water service shall provide the public entity providing water service notice of the resolution of delinquency no later than the first business day following resolution. The public entity providing water service shall renew water service no later than the first business day following the notice. Should the sewer or waste water delinquency be resolved during the pendency of the termination of water service, or sometime thereafter, the public entity which requested termination of water service shall provide the account holder and the property owner notice of the resolution of the delinquency, upon request.
B. Each public entity desiring to utilize the termination provision authorized in subsection A of this section shall enact, in accordance to law and as required by this act, notice and hearing procedures to ensure account holders and property owners receive adequate notice and opportunity for hearing prior to commencement of the procedures authorized in subsection A of this secti
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.commailto:ddavislaw@live.com
From: Tammy Ewing <tammy@ewing.legalmailto:tammy@ewing.legal>
Sent: Wednesday, December 14, 2022 3:09 PM
To: OAMA@lists.imla.orgmailto:OAMA@lists.imla.org <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] City Agreement with Rural Water District
All,
I haven't had a lot of experience with rural water districts, but now I am addressing a scenario in two cities which I'm sure some of you have seen before. A developer wants to develop land located within (or outside) the city limits and within a rural water district. The City would like to see the development and is amenable to providing sewer service only. However, if all the city provides is sewer service, what does it do if it doesn't get paid for that service? If a city or RWD doesn't get paid for water which has been previously provided, the indebted customer's water service is shut off - but we can't shut off sewer service. It seems to me the only way to collect moneys owed would be through the normal debt collection routes.
An option might be to enter into an agreement with the RWD (and the customers) that the RWD will collect the sewer payments, remit them to the city, and shut off water if the water and sewer bills aren't paid in full. Another option would be an agreement with the RWD and customers that, upon receipt of notice from the city that the sewer bill hasn't been paid, the RWD will shut off the water. Does anyone have any type of agreement with a RWD which addresses this situation? Do you have a better idea for solving this problem?
As always, I appreciate you guys!
Tammy
[cid:image001.jpg@01D90FCF.AADCE330]
Tammy Ewing
Attorney & Mediator
Ewing Law Office, PLLC
Phone: (918) 752-9550
Email: tammy@ewing.legalmailto:tammy@ewing.legal
751 West 150th Street
Glenpool, OK 74033
Now Scheduling Mediations through DRC!
http://www.drc-ok.com/schedulinghttps://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.drc-ok.com%2Fscheduling&data=05%7C01%7C%7Cd811f05e24ce4d805da608dade178ba5%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C638066489960588297%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=uz0xGHsJh1kZpmIWojMAxMMNX3dJnc2YXjyUi31Co9Q%3D&reserved=0
