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HomeMy WebLinkAbout1982.02.02_OPWA MinutesOn Tuesday, February 2, 1982, the Owasso Public Works Authority met in regular session in the Council Chambers at City Hall per the Notice of Public Meeting and Agenda hosted on City Hall bulletin board at 2:00 P.M. on January 29, 1982, and by reference is made a part hereof. ITEM l: CALL TO ORDER. The meeting was called to order at 7:00 P.M. with Chairman Wasserman presiding. ITEM 2: FLAG SALUTE. Flag salute was led by Chairman Wasserman. ITEM 3: ROLL CALL. PRESENT: Lyle Wasserman, Chairman Phyllis Gross, Vice Chairman Boyd Spencer, Trustee John Stadler, Trustee Jim Smalley, Trustee Ron Cates, City Attorney Kenneth Thomason, City Manager Sue Shelley, City Clerk ABSENT: None ITEM 4: APPROVE MINUTES OF JANUARY 19, 1982 REGULAR OWASSO PUBLIC WORKS AUTHORTTY NTF.ETTNG _ Mr. Hale cautioned the Authority about administratively changing the minutes of the meetings, in violation of the oven meeting law. Mr. Spencer stated "I would like to go on record as far as I am concerned I have not violated the open meeting law in no respect, shape or form or fashion." Motion was made by Boyd Spencer, seconded by Phyllis Gross to approve the Minutes of February 2, 1982. AYES: Messrs. Wasserman, Spencer, Stadler, Smalley and Mrs.. Gross NAYS: None Motion carried. At 7:15 an Executive Session was called to discuss some items under litigation with the City Attorney. Meeting was resumed at 7:25. Owasso Public Works Authority Page Two February 2, 1982 ITEM 5: PAYMENT BY CITY OF OWASSO, FOR WATER LINES IN HALE ACRES I. Bob Green, attorney for Mr. Hale distributed to each council member a packet of information containing a cover letter and an affidavit from Mr. Hale regarding his costing out of the water line that was placed in Hale I. The records involved were destroyed by fire and this affidavit was intended to provide the necessary information under oath. If the City wants to accept it at this time they would be willing to compromise Mr. Hale's claim based on 1970 prices. The method of payment would be as set forth in the contract. If the proposal was not acceptable then Mr. Hale would proceed in another direction. Mr. Cates questioned if Mr. Hale had sole interest in Owasso Builders Supply, if that could be verified and releases obtained. Mr. Green stated that they could be obtained. Mr. Cates questioned if this was presented on a package deal or a piece -meal basis? Mr. Green stated a niece -meal basis. Mr. Cates that some could be settled and some could end up in court. Mr. Green stated that he sure hoped not but it could. Mr. Cates advised that the City should look at the figures that relate to Hale I and see how they corresponded with the offer to compromise. Then he stated that he would give the Council his recommendation in the form of an acceptance, rejection or suggestion. Motion was made by Jim Smalley, seconded by John Stadler to table until a future meeting to give the Council time to go through it. AYES: Messrs. Wasserman, Spencer, Stadler, Smalley and Mrs. Gross. NAYS: None Motion carried. Owasso Public Works Authority Page Three February 2, 1982 ITEM 6: HALE'S OFFER TO SELL WATER LINES IN HALE ACRES II. Bob Green, attorney for Mr. Hale offered to sell the water distribution system in Hale Acres II, which was completed in 1981. An appraisal was made stating the current value and cost of replacement. Ile stated that this proposal was the term on which Mr. Hale would be willing to convey it by Bill of Sale. If that was not acceptable, then Mr. Hale would make such other business determinations as he deems proper. Mr. Cates questioned when the appraisal was made. Mr. Green stated that it was made the latter part of last year. Motion was made by Boyd Spencer, seconded by John Stadler to table this until a future meeting. AYES: Messrs Wasserman, Spencer, Stadler, Smalley and Mrs. Gross NAYS: None Motion carried. ITEM 7: MORITORIUM ON SEWER CONNECTIONS IN HALE ACRES II, INVOLVING CONDEMNATION CASE NO. C-80-2639, TULSA COUNTY DISTRICT COURT. City Manager stated that he had publicly stated that he would withdraw the moritorium, if that was the term for it, the letter he wrote January 29, 1980 provided Mr. Hale could give the City a release that was satisfactory to our attorney, that there would be no further liability concerning the letter. He stated that he would do so immediately. Mr. Cates stated that in as much as litigation has been threatened against the City of Owasso regarding this issue, he recommended to the Council, prior to the issuance of a letter that he could discuss with Mr. Green the possibility of obtaining a release of any claim that would arise out of this matter. Mr. Green stated his request was for immediate release of any moritorium on sewer connections in Hale II, and he said he felt that the letter had nothing to do with the condemnation action that he stated was the predicate for the letter from Mr. Thompson. He stated that he would not suggest to Mr. hale at this time that he agree to any such release. Ile stated he was not a person who recommends to their client that they sue haphazardly. But the moritorium need to immediately be released, then whatever the past problems are, we can address those at some other time. But the failure to release is not going to help us in the future. It will continue to cause problems. Owasso Public Works Authority Page Four Feburary 2, 1982 City Manager questioned if Mr. Green was requesting the Council to take action. Mr. Green stated yes, that is what he asked. Mr. Cates stated that he did think it was important in as much as the City of Owasso has been threatened with a lawsuit concerning this,that any action taken on the letter at this time could be subsequently deemed to be an admission of wrong doing, admission or negligence. This is the reason he advised as to a release, due to the threat of a lawsuit in open meeting. City Manager stated that the letter was just an administrative action on my part, lie stated that he did consult with the City Attorney at that time, and it was something that the Council could have overruled at any time if the occasion had ever arisen. He stated as far as he knew there had never been any requests for additional sewer connections in Hale II since this letter was written. So as a result the letter has been of no significance as far as any delay to Mr. Hale. If he had made a request and it would have been refused, then he could have appealed to the council. But the letter has had no significance as no requests have been made. He stated that he was just trying to getwith Mr. Hale and sit down and see what the problem was, Mr. Cates questioned if the letter addressed itself to the houses on the northern boundary of the property. City Manager stated that it set outthe conditions that were found and asked that before any additional sanitary sewer connections were provided he would like to resolve the matter since the City provided the service to the lines, Motion was made by Boyd Spencer, seconded by Jim Smalley upon advice of council that it was in the best interest of the City not to rescind the letter at the present time. AYES: Messrs, Wasserman, Spencer, Stadler and Smalley NAYS: None ABSTAIN: Mrs. Gross Motion carried, Owasso Public Works Authority Page Five February 2, 1982 ITEM 8: APPROVE WARRANTS FOR PAYMENT. AN ADDITIONAL PAGE WITH WARRANTS #794 AND #804 WERE ADDED, Mr. Spencer asked on warrant #894 what did the Oklahoma Utility Construction change order consist of? City Manager stated that it was a connection, an elbow that © was put in the waterline on the highway north of 86th street. Oklahoma Utility Construction billed us and it was never put on the agenda, and they submitted another bill. Our Engineer verified that this part was not included in the original bid price. Mr. Spencer questioned what about your contracts on your bid? Is it going to affect anything there? City Manager stated that it was just a change order, and increases and reductions had occurred. The City paid less than the original bid price because this bill was not included when the final payment was made. Mr. Spencer stated that he would like a note in the minutes that this change order does not refelct anything to be changed in price on the bidding on Oklahoma Utility Construction. Motion was made by Boyd Spencer, seconded by John Stadler to approve the warrants for payment ;'Y745-803 and 794-804 noting that the Oklahoma Utility Construction did not change the price on the bidding. AYES: Messrs, Wasserman, Spencer, Stadler, Smalley and Mrs. Gross NAYS: None Motion carried. Being no further business before the Owasso Public Works Authority the meeting was adjourned at 7:55 by Chairman Wasserman. LYLE WASSERMAN, CHAIRMAN SUE SH42LEY, R CORDI SECRETARY