Commissioners approve agreement with ONEOK

Alexis Barker
NLJ Reporter
 
On a 3-2 vote, the Weston County Commissioners approved a road use and fire agreement with ONEOK Inc. during their regular meeting on Oct. 16. ONEOK has not yet issued a response to the approved agreement. 
The road use and fire agreement has been in the works since September. Three of the county’s five commissioners approved having the chairman sign the document. Under the agreement, ONEOK will provide funds to help repair and maintain county roads they may use during the construction of a pipeline. 
The company will be completing a 900-mile pipeline from Montana to Kansas, a portion of which will run through Weston County. ONEOK operates and/or owns natural gas pipelines in Montana, North Dakota, South Dakota, Minnesota, Wisconsin, Iowa, Illinois, Indiana, Kentucky, Tennessee, Oklahoma, Texas and New Mexico. 
ONEOK reported on Feb. 6 that construction of the pipeline was expected to begin in 2018 with completion by the end of 2019. 
Before preparing the road use and fire agreement, Rick Williams, the county’s road and bridge supervisor, and Brooke Weigel, the county’s administrative assistant, traveled the estimated 72 miles of county road that ONEOK will use during the pipeline work. 
The agreement states that ONEOK will provide Weston County with $386,650 for gravel and magnesium chloride, $14,000 to be used to complete two cattle guards, and $177,350 to be used to complete the current dust mitigation project on Morrissey Road. 
“The following roads will have spotted gravel and spotted magnesium chloride applied as the road and bridge superintendent sees fit: Green Mountain Road, Dry Creek Road, Skull Creek Road, Seeley Road, Oil Creek Road, Morrissey Road, Cheyenne River Road, and any other affected county road,” the agreement states. 
ONEOK will also provide repairs and maintenance to the roads to keep them safe and in adequate condition for use, according to the agreement. 
When ONEOK’s work on the pipeline is complete, the county or its contractors will rebuild affected county roads to county road standards at the expense of ONEOK, the agreement says. 
The same roads already listed will have spotted gravel and spotted magnesium chloride applied after the completion of the project as seen fit, the document states. 
“During construction of the pipeline, the company shall pay the county to maintain and repair damage caused by their trucks, contracted trucks, vendors and all pipeline related traffic as a result of its use, including reasonable wear and tear of the county road,” the agreement stipulates. 
Upon completion of the project, ONEOK is required, if it signs the agreement, to meet with the road and bridge superintendent to view the damage to any county roads, culverts or any other potentially damaged items caused by the company, its employees, contractors, sub-contractors, vendors and all pipeline related traffic. This includes reasonable wear and tear to the roads or materials.  
In addition to the funds provided for road maintenance and the liability for any road damages, ONEOK, per the agreement, will be required to post a performance bond in the amount of $500,000. The bond will be held by the county clerk for damage claims by the county against ONEOK. 
“The bond, letter of credit or cash deposit shall be released two years after completion of the construction of the pipeline, or, if there are damage claims, upon settlement of all damage claims, whichever is later,” according to the agreement. 
The agreement also outlines potential dispute resolutions for both ONEOK and the county. The document also addresses wildfire prevention and states that ONEOK will plan for wildfire prevention and comply with any county resolutions regarding open burn restrictions and bans. 
Commissioner Tracy Hunt questioned the urgency of signing the agreement. He said that he had concerns over some of the language in the document, which he called “awkward and ambiguous.” 
“I think it needs a review, and because of that, I speak against the motion,” Hunt said. “I think some language contradicts other. … I wouldn’t sign that agreement without taking much more time on it.” 
Chairman Tony Barton reported that County Attorney William Curley had reviewed the document and made changes to the draft agreement. 
“It seems like time is probably of the essence to come to a decision as soon as possible,” Commissioner Bill Lambert said. “ONEOK is pushing pretty hard from the easement side, and I assume this is the same. I would like to have something; waiting two weeks is probably not the best scenario.” 
Williams noted that ONEOK still may reject the whole agreement and that they had not seen the most recent copy. 
“I don’t want to hold up the whole ball game, but I’m not comfortable signing the document,” Hunt said. 
Barton spoke in favor of the agreement, noting that the document had been in front of the commission for a while. 
“The county attorney reviewed it, and at some point, we have to trust him to do his job, whether it’s right or wrong,” Barton said before the vote. 
The motion to approve the agreement with ONEOK was approved on a 3-2 vote, Commissioners Marty Ertman and Hunt voted against the motion, with Barton, Lambert and Commissioner Ed Wagoner voting in favor.