Broken Arrow Municipal Authority
Meeting of: 05-05-2026
Title:
title
Approval of and authorization to execute the Utility Crossing Agreement with Mayes Solar, LLC
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Background:
This agreement establishes the terms under which the City of Broken Arrow, as the easement holder, allows a third party to install and operate solar transmission equipment across a raw water pipeline easement in Mayes County. The existing easement supports infrastructure (OOWA waterline) that is currently inactive but can deliver raw water to the Verdigris River Water Treatment Plant, making its protection a top priority. The agreement acknowledges that the proposed project can coexist with the City’s facilities, provided it is constructed and maintained in a way that does not increase risk to public safety or damage to the City’s water transmission infrastructure.
At its core, the intent of the agreement is to permit the crossing of the City’s waterline easement while maintaining full control over how that work is designed, reviewed, and constructed. The City retains authority to review and approve all plans in advance, require proper notice before construction, and ensure that strict engineering standards, such as minimum vertical separation from the waterline are met. These provisions are designed to protect the integrity of the City’s infrastructure and ensure that any new installations are compatible with long-term operations and maintenance needs.
The agreement also clearly assigns responsibility to the project developer (Mayes Solar, LLC) for all costs, risks, and ongoing obligations associated with their facilities. This includes construction, maintenance, repairs, regulatory compliance, and restoration of the site after work is completed. The developer is required to carry insurance, provide financial assurances for restoration, and indemnify the City against claims arising from their activities. These terms ensure that taxpayers are not exposed to financial liability or operational risk as a result of the private project.
Finally, the agreement preserves the City’s long-term flexibility to operate and maintain its water system. If the installed facilities ever interfere with the City’s pipeline, the City retains the right to require relocation or modification at the developer’s expense. Additional requirements, such as as-built documentation and compliance with Oklahoma law, ensure accurate records and enforceability. Overall, the agreement is structured to allow economic development to proceed while safeguarding critical public infrastructure and maintaining the City’s authority over its utility systems.
Cost: $0.00
Funding Source: Utilities Department
Requested By: Timothy S. Robins, P.E., C.F.M., Utilities Director
Approved By: City Manager’s Office
Attachments: Utility Crossing Agreement with Mayes Solar, LLC
Recommendation:
recommend
Approve and execute the Utility Crossing Agreement with Mayes Solar, LLC
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