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HomeMy WebLinkAbout1981.01.06_OPWA MinutesOn Tuesday, January 6, 1981, the Owasso Public Works Authority met in regular session, in the CouAcdl Chambers at City Hall, per the Notice of Public Meetng and Agenda posted on City Hall Bulletin Board at 5:00 PM on January 2, 1981, and by reference made a part hereof. ITEM 1 - CALL TO ORDER. The meeting was called to order at 8:52 PM, with Chairman Spencer presiding. ITEM 2 - ROLL CALL. Present: Boyd Spencer, Chairman Robbie Fickle, Vice Chairman Al Lambert, Trustee Robbie Fickle, Trustee Harold Charney, City Attorney Kenneth Thompson, City Manager Wauhilleau Webb, Recording Secretary Absent: None ITEM 3 - APPROVE CONSENT AGENDA ITEMS. Motion was made by Al Lambert, seconded by Robbie Fickle, to approve Consent Agenda items, as follows, deleting Warrants 502 through 543 for $27,528.73 which have been duplicated under Item 9, as published in the Owasso Reporter on De- cember 30, 1980, and by reference made a part hereof. A. Approve Minutes of December 22, 1980 Special Meeting. B. Approve Cancellation of Warrant 358 for $55.16. Ayes - Messrs. Spencer, Lambert, Burke, Mrs. Fickle Nays - None Motion carried. ITEM 4 - REVIEW STATUS OF 76TH STREET NORTH WATER LINE PROJECT. Mr. Thompson said he has contacted contracting firms and has been assured addi- tional firms will bid and would like to change it to one project going all the way to Cedar and delete pressure reducing valve at Atlanta. He said he con- tacted the firms that were invited as to why they did not bid and received every excuss possible. Motion was made by Robbie Fickle, seconded by Al Lambert, to readvertise for bids for the construction of water line from 76th Street North to Cedar and ask for alternate bid for tie in at 4th and Main, with bids to be opened February 3, 1981. Ayes - Messrs. Spencer, Lambert, Burke, Mrs. Fickle Nays - None Motion carried. Owasso Public Works Authority January 6, 1981 Page Two ITEM 5 - REVIEW BIDS FOR INVENTORY MATERIAL FOR WATER AND SEWER LINE REPAIRS. Mrs. Fickle left the room for the discussion and action of this item and re- quested the minutes reflect same. Mr. Thompson recommended awarding bid to Water Products as low bidder. Bids received are as follows: Water Products $10,458.40 Cooper Supply $ 8,698.50 (Did not bid on all items) Utility Supply $12,552.85 Amfac $12,129.50 Mr. Lambert questioned what kind of controls would be established as far as security and Bill Williams said it would be under lock with supervisors and lead - men having keys. He said the items would not be replaced as used, but they would come back to the Council with a new bid list. Mr. Spencer said Steve Jay has commented he is concerned with our inventory control and Mr. Spencer said he feels it is a good idea, but not at this time. Motion was made by Dennis Burke, seconded by Al Lambert, to accept the low bid of Water Products for $20,458.40 for material for surplus inventory for water and sewer line repairs, with the understanding an inventory control will be established, and by reference made a part hereof. Ayes - Messrs. Spencer, Lambert, Burke, Mrs. Fickle Nays - None Motion carried. ITEM 6 - REVIEW STATUS OF NEGOTIATIONS WITH WASHINGTON COUNTY RURAL WATER DIS- TRICT NO. 3. Mr. Charney said in his opinion we have negotiated just about as far as we can negotiate and feels Rural Water District No. 3, in their opinion, has offered us a compromise. The Judge had indicated to him that we had not offered them any kind of compromise and if we didn't do so he would "let the axe fall" on De- cember 14th. Mr. Charney said he said to the Judge that the way he is talking we have already lost, but the Judge said he was not saying that, but that both sides will be greatly disappointed if he has to decide it. Mr. Charney said he suggested that they give us that tip that lies South. He suggested to the Council that we accept what they offered us, and try to get that tip on the South, and what they have offered us is only a quarter of a mile along the road instead of a half mile. They have agreed that we do not need to be responsible for paying them any money, that they will look to the developers and land owners for that money. MA Owasso Public Works Authority January 6, 1981 Page Three The alternatives are to appeal to the Tenth Circuit which is costly, possibly $20,000 to $25,000. He said in his opinion we can get along with our business, although he does not like losing it. The other factor is he told them his Board is morally committed not to let the Judge overrule our Motion 60B as we felt we were right. The District Attorney sitting in said he could appreciate how the Board feels, so why don't we agree to withdraw our motion with preju- dice, if we can reach a settlement, that way the Judge has not ruled against us and we can settle it between ourselves. Withdrawing the motion with prejudice means that under the same set of facts we cannot file again for relief under Rule 60B, but can some day in the future refile if there is sufficient change. Mr. Charney said what the City Manager felt we should have has been offered except we have a quarter mile less and we haven't been offered the tip down below that is Larkin Bailey's, which should not stand in the way of settlement if we get everything else but he still held out for it and if Mr. Johnson can't get it he will say we're not going to settle whether we have it or not because we don't want to do it. His recommendation is we settle the case if we can, agree to dismiss our motion under Rule 60B with prejudice, and let the Judge set the attorney fees. Mr. Burke asked Mr. Charney if he had made the statement that he felt like there might not have been enough information in the demographics that we presented to the Judge that would warrant his ruling in our favor on 60B and that is why if we dismiss it with prejudice that as the area grows if we acquire the other 330 homes then we could go back and say this is an urban area. Mr. Charney said we could but would have to prove the change of circumstances. Mr. Charney said he believes we can deal with these people if we settle this and buy out additional territory from them. Air. Thompson said he reluctantly agreed with Mr. Charney in that we have reached as far as we can. He said if we were ruled against we could appeal it but he would rather go through the Municipal League and try to get some legislative changes rather than going through the court system. In this way other communi- ties would share the cost. He said the only way it will ever work right is to be abel to fairly purchase improvements. Mrs. Fickle asked what would happen if this is not settled and the Judge does makes a decision in the matter. Mr. Charney said the Judge will probably not hold in our favor but might give us some partial relief such as giving us Rio Vista and medium size attorney fees to Mr. Johnson. Airs. Fickle asked what would be a medium size attorney fee and Mr. Charney replied around $5,000.00. Mr. Lambert asked what would be the worst possible thing that could happen and Mr. Charney said $8,500 attorney fees and an order for us to cease and desist from furnishing any more water in their territory, and we have already been found in contempt and charged $1.00. Mr. Lambert said in that case we are al- most at the worst possible point. Mr. Burke said that under the terms that they agreed to that we never really answered, they agreed to let us serve water if Owasso Public Works Authority January 6, 1981 Page Four the property owners would pay them $50.00 per lot or $200.00 an acre, so we are not at that worst possible point. Mr. Charney said believe it or not we have halfway won this case and it is not a total loss as we have gotten them to give us a large territory which;we wanted, except that quarter mile along the highway. They gave us everything the City Manager asked for and that is a monumental thing, at least to them, as they and the Judge feel they have done something and we have done nothing. Mr. Burke said he feels we are just sitting and if the Judge overrules us and we ask Harold to appeal it, in the meantime that property is setting there with nothing happening to it, we are not getting any revenue from it and questioned what we are gaining by just sitting here, except the satisfaction of saying to the Rural Water District that they can't charge them money. Mr. Thompson said the worst thing he sees happening is that we cannot plan any growth and said as soon as this decision is made he is going to recommend we undertake planning to upgrade the system where we do not have any restrictions for water or sewer uses. Mrs. Fickle questioned if their pride was more important or the growth of the City more important, and the fact that we do not have to pay the $50.00. Mr. Burke commented on his statement at an earlier meeting that he didn't want to pay them a cent of tribute and he doesn't think we will under this present offer, but his pride does not stand in the way. Motion was made by Dennis Burke, seconded by Al Lambert, to accept a negotiated settlement of the Rural Water District problem with the understanding that the Larkin Bailey property should not stand in the way of settlement, but also the understanding that the Judge will set Mr. Johnson's fee, and it be dismissed with prejudice so that we may some day in the future either on our own or with someone file a new Rule 60B motion should conditions change sufficient. Ayes - Messrs. Lambert,and Burke, Mrs. Fickle Nays - Mr. Spencer Motion carried. ITEM 7 - APPROVE FINANCIAL REPORT FOR NOVEMBER 1980. Mr. Thompson said the revenue and expenditures in OPWA are going to have to be watched closely. Motion was made by Dennis Burke, seconded by Robbie Fickle, to approve Novem- ber 1980 Financial Report, and by reference made a part hereof. Ayes - Messrs. Spencer, Lambert, Burke, Mrs. Fickle Nays - None Owasso Public Works Authority January 6, 1981 Page Five Motion carried. ITEM 9 - APPROVE ADDITIONAL WARRANTS FOR PAYMENT. Motion was made by Robbie Fickle, seconded by Dennis Burke, to approve addition- al warrants 502 through 545 for $27,849.08, and authorize Chairman to sign same, and by reference made a part hereof. Ayes - Messrs. Spencer, Lambert, Burke, Mrs. Fickle Nays - None Motion carried. ITEM 10 - NEW BUSINESS Item Mr. Thompson asked if he was to arrange the meeting with Claremore, Jenks and Broken Arrow regarding going to our own treatment system. Mr. Spencer suggested asking them if they could meet at 6:00 PM on January 20, 1981. Item Board directed a letter be written to the Council on Aging thanking them for their $500.00 donation to the Community Center fund. Being no further business before the Owasso Public Works Authority, Chair ad- journed at 9:52 PM. /1-S tr/ '/'� AL4 A.C.64 , Boyd . SpenceY, Chairman Wauhi4lea�u Webb, Recording Secretary