Warr Acres approves MOU with Pines HOA and authorizes bids to repair spillway, protect sewer line

Warr Acres city council members unanimously approved a memorandum of understanding with the Pines Homeowners Association and authorized two related bid packages on April 15, directing staff to seek contractors for a sanitary sewer replacement and for dam and spillway repairs.

The actions are aimed at protecting a primary sanitary sewer interceptor that crosses the earthen Pines dam. City engineers and staff told the council the existing spillway and dam have deteriorated and that a failure could cause sewer discharge and regulatory penalties. Amanda (city engineer) told the council, “If you approve this, then we will move forward with soliciting bids starting this—we’ll advertise this Friday, anticipate having the pre‑bid meeting on April 30 and the bid opening on May 9.”

Why it matters: the interceptor is a main trunk line that carries regional wastewater flows to the wastewater plant. The project is split into two contracts because the city is using Oklahoma Water Resources Board (OWRB) state revolving funds (SRF) for the sewer work; OWRB rules limit what federal/state SRF dollars can pay for, so the sanitary work will be a separately funded SRF contract and the spillway/dam repairs will be a second contract funded by other sources and cost‑sharing with the HOA.

Key project budget and funding details discussed at the meeting: the sanitary sewer portion was estimated at about $1.3 million and will be paid from OWRB SRF funds; the spillway—the concrete channel portion that protects the crossing—was estimated at about $400,000; separate repairs to the dam itself were estimated at about $200,000. Under the MOU the Pines HOA has agreed in principle to deposit $200,000 into an escrow account before the city awards the contracts; if they fail to fund the escrow the city indicated it could temporarily fund work from the sewer authority and pursue reimbursement or other remedies under the MOU.

City staff and the council described a prolonged review and permitting history with OWRB. Council members were told that OWRB will not reimburse the full spillway or dam repair costs under the SRF program and that the agency enforces Buy America, prevailing‑wage (Davis‑Bacon) and other federal SRF requirements for reimbursable items. Matt (city staff) summarized the risk: if the dam and spillway are not repaired and the spillway fails, “the sewer line will fail. And then the city of Warr Acres would be responsible for any discharge from the sanitary sewer.”

Council and staff discussed enforcement and payment risk if the HOA cannot raise the full escrow amount; staff said the city has options including placing liens and that the city has cash in its sewer authority fund (including recent rate increases and remaining ARPA dollars) that could temporarily cover shortfalls. Pam (finance director) reported there were about $346,528.06 remaining from the second phase of ARPA funds that could be applied toward the non‑SRF portion of the work if necessary.

The council voted to approve the MOU and both authorizations to bid. Council members also directed staff to complete plans and permit documents; staff said the engineering design and specifications are complete and that bid documents will be advertised on the schedule Amanda described. Under the MOU the city will obtain a broader permanent easement to maintain the spillway and sewer crossing after construction; the HOA will assume long‑term maintenance responsibility for the dam and will be responsible for 75% of ongoing maintenance on the spillway/dam, with the city responsible for 25%.

What’s next: if bid openings proceed as planned, staff expects to return to council with recommended contract awards at the May meeting and begin construction thereafter. The council and staff emphasized the public‑safety and regulatory rationale: the work is intended to remove the sewer line from an unprotected, failing condition and to reduce the chance of a major sanitary discharge.

Ending: the MOU and bid authorizations finish a year‑long sequence of engineering, grant coordination and negotiations with OWRB and the Pines HOA. Council members said they will monitor HOA escrow funding and noted the city will need clear enforcement rights in the contract documents if the HOA cannot meet its funding commitments.