Some of you may know about the city's 120-year-old clay sewage pipeline that collapsed a few weeks ago in the historic homes district flooding some home owner's basements with up to two feet of effluent (i.e. floating poop and toilet paper). One 90+-year-old man is already in St. Francis Muskogee Hospital ICU with ecoli and another gentleman went to the ER last night with 102.3 fever, no doubt caused by the effluent in his basement. There are about two dozen homes impacted by this disaster. Now, the city, being the kind entity that it is, is offering $1,500 to lessen homeowners' out-of-pocket burden when the homeowners purchase an "Approved sewage Backwater Prevention Device."
This program looks great on its face but the City isn't informing homeowners about the significant detriments written into the contract such as (below is an opinion of the contract by a homeowner who is not an attorney):
QUOTE. 1). The (your) cost is more like $5,500 to $12,000 (more expensive if the City's failed main sewer line is deeper, ie: you have a basement or the City line is in an older area like pre-statehood)
2). These old houses are grandfathered in to avoid modern construction cost upgrades. You have to bring your part of the sewage system "up to current City Code" (see Paragraph 6, Page 2) This cost could exceed $50-100k to the homeowner
3). At Page 4, "Property Owner Certification and Release", contains indemnification language that you, the homeowner, agree to hold the City harmless, not to sue, not to pursue any insurance claim, etc. against the City "from any damages due to the discharge of sewage and/or rain or round water onto or on the above property prior to or after installation of said backflow prevention equipment." This means that YOU, the homeowner, cannot sue the City, or hold it at fault from any spillage of storm water sewage caused by the City. You cannot get remediation from the damage they have already caused or will EVER cause in the future, EVER. (my emphasis)
4). At Page 4, same portion: I, (we) certify that all discovered sump pumps, downspouts, and foundation drains have been disconnected from the sanitary lateral and release, indemnify, defend, hold harmless, and agree not to sue the City from flooding due to any unknown or missed connections." This means that if the City screws up your system you have NO RECOURSE and the City can make you upgrade a 1906 house to current codes (you don't have to IF you don't sign this form and accept the $1,500.00 payment "help"). (my emphasis) This has caused two of my plumbing contractors to quit because they can't guarantee any of their work or warranty their work. This has caused numerous homeowners to relive the horror of more sewage coming into their houses as no plumbing contractor wants to work underneath in these putrid conditions, etc.
5). At Page 4, same portion: "I (we) agree also agree to transfer this certification and release to future owners of the above property." (my emphasis)
This means that YOU, the homeowner, AND your plumbing contractor are bound to these deplorable conditions and restrictions FOREVER and if you do sell your home, the future owner/s AND your plumbing contractor are bound to these deplorable conditions and restrictions FOREVER
Some of these comments are my sole opinion, opinions from licensed plumbers, engineers, architects, and other professionals, and attornies and are not construed to be in any way legal advice or proffered to be legal advice. It is suggested that YOU consult with your own legal professional and licensed contractor about this issue and come to your, educated conclusion and decision. END QUOTE.
It looks like the city is covering its rear and taking the coward's way out. Instead of facing the problem they are retreating and duping the homeowners into a sewage/plumbing contract nightmare that will last forever. How do you sell a house with such a contract hanging over the seller's and buyer's heads? Can you sell a house with such restrictions in the contract? City Manager Miller's actions it seem like he is more concerned about covering his rear than he is about preserving the status quo of Muskogee's historical homes, some built pre-statehood.
So let's say a homeowner, who has signed this contract sells their historic home to an enthusiastic buyer who wants to invest in maintaining the historicity of the home then disaster strikes, and the basement floods with water or effluent. The money reserved to upgrade, much less maintain that historic home, is now diverted into a problem that could cost an enormous amount of money. So instead of maintaining the beauty and grandeur of their historic home, they have to deal with a sewer/water system that the city ignored for 120 years but was well aware that it existed. An owner of one of the historic homes had warned city officials over a year ago that the 120-year-old clay pipes were going to collapse and he was ignored. Sure enough, it happened. Now the city, instead of taking responsibility for its actions, wants to make the homeowners pay for the city's irresponsibility.
Is this the way a professional city manager acts/behaves? (I'll post the eight-page document, which is signed by City Manager Mike Miller later on today.) Why can't the city manager and public works face this head-on and tell us, the city council, and the homeowners the truth, what their plans are to fix it, and how much it could cost? Maybe this sewer line repair needs to be placed on the GO Bond/CIP package. Sure sounds like it.
Remember the city news conference in early June where City Manager Mike Miller, Mayor Patrick Cale, and City Councilwoman Melony Cranford said, before all the Tulsa TV stations, that they were for transparency, transparency, transparency. Does this contract, signed by Miller, sound like it's transparent? Does this contract sound like we have an ethical city manager who will be upfront with the citizens he is supposed to be serving? Does this contract sound like the city manager has the best interest of the citizens at heart or is he concerned more about his future as city manager?
Does Miller have a conscious as to what this contract, if signed by homeowners, will financially do to them or is he more concerned about burying the story so the city council will never find out? Does Miller have a heart? A soul? You couldn't tell with this document.
I'm going to say this out loud since the white elephant is in the room. Miller screwed up big time with the rollout of the $77M bond/CIP program basically because he refused to include the public. Now we are back to square one doing what we should have done a long time ago. And now we have Miller refusing to "come clean" about the condition of this 120-year-old sewer pipe, refusing to admit what the city is legally responsible for, and then having an extremely lopsided, heartless, "cover your rear" contract that absolves the city for any liability forever. This is not the action of a city manager operating in a democratic environment. Miller has to remember that kings and dictators don't rule, the people rule. It's time for a peaceful uprising to replace Miller with an International City-County Management Association-certified city manager. One who has a strict code of ethics, who will admit wrong, come up with corrective action, brief the city council, and propose solutions. Good city managers do not hide problems much less place the blame on the limited resources of homeowners. Miller has served his time and must go. Muskogee will be served best by an ICMMA-certified city manager. The good old boys won't like it because they won't be able to control that person, and that, no doubt, is the problem with how Muskogee is being run right now.
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