City of Norman, OK - File #: K-1617-139

• File #: K-1617-139
• Version: 1
• Name: 10 Mile Flat Drainage Structure Contract
• Type: Contract
• Status: Passed
• File created: 6/21/2017
• In control: City Council
• On agenda: 6/27/2017
• Final action: 6/27/2017
• Title: CONTRACT K-1617-139: A PARTICIPATION AGREEMENT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, ARBUCKLE PROPERTIES, INC.; STEVEN RICH; AND BELLAROSE, L.L.C., FOR THE FUNDING AND CONSTRUCTION OF THE WEST MAIN STREET DRAINAGE STRUCTURE AND SPAN BRIDGE AND BUDGET APPROPRIATION FROM THE CAPITAL FUND BALANCE IN THE AMOUNT OF $200,000 FOR THE CITY'S SHARE OF THE PROJECT.

Date	Ver.	Action By	Action	Result
6/27/2017	1	City Council

Title
CONTRACT K-1617-139: A PARTICIPATION AGREEMENT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, ARBUCKLE PROPERTIES, INC.; STEVEN RICH; AND BELLAROSE, L.L.C., FOR THE FUNDING AND CONSTRUCTION OF THE WEST MAIN STREET DRAINAGE STRUCTURE AND SPAN BRIDGE AND BUDGET APPROPRIATION FROM THE CAPITAL FUND BALANCE IN THE AMOUNT OF $200,000 FOR THE CITY'S SHARE OF THE PROJECT.

Body
BACKGROUND: In 1988 the City of Norman initiated litigation concerning the area west of 48th at West Main Street in the area known as Ten Mile Flat Creek. This litigation was the result of the property owner conducting earth work in the form of a levy on West Main Street which ultimately caused an impoundment of storm water from the Ten Mile Flat Creek. The City of Norman instituted legal action in January of 1988 in Cleveland County District Court, Case No. CJ-1988-58, alleging that the earth work conducted by the property owner on West Main Street west of 48th Avenue constituted a public nuisance. The City requested that the Court find that there was a public nuisance and that the property owner be required to abate the alleged nuisance.

In February of 1989 the Court determined that the earth work was a public nuisance and the City was granted an injunction prohibiting the property owner to perform any additional work on the property. The property owner appealed that finding and a hearing on the abatement issue was ordered. In February of 1990 an abatement order was entered requiring the property owner, i.e. Frederick Spitz, to abate the nuisance.

The Order provides that the property owner is to remove the Main Street extension fill materials; there shall be installed ten 72" pipes for Main Street extension for the Ten Mile Flat Creek Waterway to carry 2500 cu.ft. per second; the City will provide five 10" pipes for this purpose; to continue the Ten Mile Flat Creek Waterway south of Main Street and southeasterly to the South Canadian River; the owner may construct a low water cross...