Dear Editor,

I have read with interest the recent issues with whether the costs of the electrical services in a recent housing development should be borne by the City of Kingfisher (ultimately the taxpayers) or by the developer (ultimately the people buying the homes.)

I have read the 2018 ordinance (May I recommend that the KT&FP publish this ordinance so everyone has a chance to see the language for themselves?) that changed the way the city of Kingfisher worked with developers, namely that the burden of costs for electrical service shall be placed on the developer.

( Editor’s note: We took Mr. Altman’s recommendation and are publishing the ordinance in question on this page.)

The ordinance, 2018016, section 12-4-11 ‘A’ clearly states that the City of Kingfisher SHALL provide services and materials for expansion or extension of the distribution system and that the charge to the developer SHALL be the actual costs incurred for installation and materials used… In laws and ordinances, the term “shall” means there is no room for question. It is written in stone and must be followed.

But then section ‘B’ of the ordinance takes away some of the force of the word “shall” by allowing the City or the Public Works Authority to waive or partially waive all or part of the costs if there is demonstrated a “significant benefit” to the City or the Public Works Authority.

So the first question becomes: Does the building of a housing addition in and of itself represent a “significant benefit?”

Based on section ‘A,’ I submit that the default position of the City should be that this type of building or development does not in and of itself represent a significant benefit.

In the event a developer wants to make this claim, then the claim needs to be backed up by positive proof, such as an economic study, to prove that “significant benefit.”

And this proof needs to be provided by the developer.

It should not be a burden placed on the taxpayers of the city to prove or disprove the “significant benefit.”

The second question that follows is this: Since the passage of this ordinance, has the City of Kingfisher provided to a developer of a new housing addition these services and/or materials without charge or at a reduced charge? If the City has provided these services and materials without evidence of a “significant benefit,” then the City would be on shaky ground in denying these services and materials to one developer and granting them to another.

You must either follow the law or ignore the law; not just follow it when the mood suits you.

So this is a question that needs to be answered.

Regarding the fact that the law has changed in the last six years and the developer was not aware of that fact, I can only say that by the laws of the country, ignorance of the law is not an excuse.

It is your duty as a citizen to know and follow the laws, just as it is the duty of the city (or state or country) to equally apply these laws.

It is my hope that, until these questions can be answered, the city will continue to deny paying for the costs of the electric service to any new development in the City of Kingfisher.

The costs of development should not be placed on the shoulders of the tax paying citizens.

It should be placed onto the shoulders of the persons directly benefitting from the development.

Steve Altman

( Editor’s note: Following is Ordinance No. 2018-016 in reference to the “Letter to the Editor” written by Steve Altman in this edition. It was passed and adopted by the Kingfisher City Commission on Nov. 13, 2018, and signed by then-mayor Steve Richards.)

ORDINANCE NO. 2018-016

AN ORDINANCE OF THE CITY OF KINGFISHER, OKLAHOMA CREATING RULES FOR THE EXPANSION OF THE CITY OF KINGFISHER ELECTRICAL SYSTEM IN NEW SUBDIVISIONS AND DEVELOPMENTS AND PROVIDING FOR REPEALER, SAVINGS AND SEVERABILITY.

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF KINGFISHER, Oklahoma: Section 1: New language. Section 12-4-11 of the Kingfisher City Code shall be created to consist of the following language:

12-4-11: Expansion and/or Extension of Electric Distribution System: A. The City and/or the Kingfisher Public Works Authority shall provide services and materials for the expansion or extension of the municipal distribution system in new subdivisions or developments. The charge to the developer for such services shall be the actual costs incurred for the installation and materials used, including the time spent by the employees performing the installation.

B. In the event that a new addition to or extension of the electric distribution system would, in the sole discretion of the City and the Kingfisher Public Works Authority, provide a significant economic benefit to the City and/or Kingfisher Public Works Authority, which would substantially offset the costs of installation, the charge described in 12-4-11(A) can be waived, or partially waived, by the City and/or the Kingfisher Public Works Authority.

Section 2: Repealer. All ordinances or parts thereof which are inconsistent with this ordinance are hereby repealed.

Section 3: Savings Clause. Nothing in this ordinance hereby adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired or liability incurred nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this ordinance.

Section 4: Severability. If any one or more of the sections, sentences, clauses or parts of this ordinance, chapter or section shall for any reason be held invalid, the invalidity of such section, clause or part shall not affect or prejudice in any way the applicability and validity of any other provision of this ordinance. It is hereby declared to be the intention of the Board of Commissioners of the City of Kingfisher, Oklahoma, that this Ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.