HomeMy WebLinkAbout2014.03.04_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO PUBLIC WORKS AUTHORITY
TYPE OF MEETING: Regular
DATE: March 4, 2014
TIME: 6:30 pm
PLACE: Council Chambers, Old Central Building
109 N. Birch
A Notice of the meeting and agenda filed in the office of the City Clerk
at 6:00 pm on Friday, February 28, 2014. /_-) I r' rn /
M. Stevens, City
AGENDA
Call to Order
Chairman Doug Bonebroke
2. Roll Call
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posted at City Hall
3. Consideration and appropriate action relating to a request for approval of the Consent
Agenda. All matters listed under "Consent' are considered by the Trustees to be routine
and will be enacted by one motion. Any Trustee may, however, remove an item from the
Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable
A. Approval of the Minutes of the February 18, 2014 Regular Meeting
Attachment #3A
B. Approval of Claims
Attachment #3B
4. Consideration and appropriate action relating to items removed from the Consent Agenda
5. Consideration and appropriate action relating to the purchase of sanitary sewer easement
for the Ranch Creek Sanitary Sewer Improvement Project
Roger Stevens
Attachment #5
Staff recommends approval of the purchase of a permanent utility easement in the
amount of $30,000 from John and Wendy McCarty and authorization for payment.
6. Consideration and appropriate action relating to adoption of Resolution No. 2014 -02, a
resolution approving the removal of the Bank of New York Mellon Trust Company, N.A., as
Trustee Bank, and appointing a successor Trustee Bank, with respect to certain obligations
of indebtedness of the Authority; and containing other provisions relating thereto
Linda Jones
Attachment #6
Staff recommends adoption of Resolution No. 2014 -02, removing the Bank of New York
Mellon Trust Company, N.A., as Trustee Bank, and appointing BancFirst, as successor
Trustee Bank and other related provisions.
Owasso Public Works Authority
March 4, 2014
Page 2
7. Report from OPWA Manager
8. Report from OPWA Attorney
9. New Business (New Business is any item of business which could not have been foreseen
at the time of posting of the agenda)
10. Adjournment
OWASSO PUBLIC WORKS AUTHORITY
MINUTES OF REGULAR MEETING
Tuesday, February 18, 2014
The Owasso Public Works Authority met in regular session on Tuesday, February 18, 2014 in the
Council Chambers at Old Central per the Notice of Public Meeting and Agenda filed in the
office of the City Clerk and posted on the City Hall bulletin board at 6:00 pm on Friday, February
14, 2014.
Call to Order
Chairman Doug Bonebrake called the meeting to order at 6:49 pm.
2. Roll Call
Present
Chairman - Doug Bonebrake
Vice- Chairman - Chris Kelley
Trustee - Charlie Brown
Trustee - Jeri Moberly
Trustee - Patrick Ross
A quorum was declared present.
Staff:
Authority Manager - Warren Lehr
Authority Attorney - Julie Lombardi
3. Consideration and appropriate action relating to a request for approval of the Consent
Agenda. All matters listed under "Consent" are considered by the Trustees to be routine
and will be enacted by one motion. Any Trustee may, however, remove an item from the
Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable
A. Approval of the Minutes of the February 4, 2014 Regular Meeting and Minutes of the
February 11, 2014 Work Session
B. Approval of Claims
C. Acknowledge Receipt of Monthly Budget Status Report
Mr. Brown moved, seconded by Ms. Moberly to approve the Consent Agenda with claims
totaling $324,358.09. Also, included for review was the payroll report for 2/08/14.
YEA: Brown, Kelley, Moberly, Ross, Bonebrake
NAY: None
Motion carried: 5 -0
4. Consideration and appropriate action relating to items removed from the Consent Agenda
No action required
Owasso Public Works Authority
February 18, 2014
Page 2
5. Consideration and appropriate action relating to Resolution No. 2014 -01, adopting the
Recycle Master Plan as a policy statement for the expansion and development of the
recycling program
Dwayne Henderson presented the item recommending approval of Resolution No, 2014-
01.
After discussion, Dr. Kelley moved, seconded by Ms. Moberly to approve Resolution No.
2014 -01, as recommended.
YEA: Brown, Kelley, Moberly, Ross, Bonebrake
NAY: None
Motion carried: 5 -0
6. Report from OPWA Manager
No report
7. Report from OPWA Attorney
No report
8. New Business
None
9. Adjournment
Mr. Brown moved, seconded by Mr, Ross to adjourn the meeting.
YEA: Brown, Kelley, Moberly, Ross, Bonebrake
NAY: None
Motion carried 5 -0 and the meeting adjourned at 7:01 pm.
Doug Bonebrake, Chairman
Lisa Wilson, Minute Clerk
Claims List
3/04/2014
Budget Unit Title
Vendor Name
Payable Description
Payment Amount
OPWA
TREASURER PETTY CASH
UB OVERPMT /COMPADRES
10.00
AMERICAN MUNICIPAL SERVICES CORP.
COLLECTION FEES
351.32
TOTAL OPWA
361.32
OPWA ADMINISTRATION
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
47.01
JPMORGAN CHASE BANK
WALMART- SUPPLIES
8.91
UNITED STATES CELLULAR CORPORATION
CELL BILL
62.77
CITY OF OWASSO
ADMIN OVERHEAD
15,416.00
AT &T LONG DISTANCE
LONG DISTANCE PHONE BILL
99.13
JPMORGAN CHASE BANK
LOCKE SUPPLY- TOILET PARTS
22.65
JPMORGAN CHASE BANK
LOWES -PARTS
3.36
AEP /PSO
ELECTRIC USE
1,230.48
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
46.91
SAV -ON PRINTING & SIGNS LLC
PUBLIC MEETING SIGNS
24.00
STANDLEY SYSTEMS, LLC
COPIER MAINTENANCE AGREEM
298.24
JPMORGAN CHASE BANK
LOCKE SUPPLY - SOFFIT LAMPS
30.44
JPMORGAN CHASE BANK
WALMART- SUPPLIES
50.42
JPMORGAN CHASE BANK
CHARACTER LUNCH
201.52
TOTAL OPWA ADMINISTRATION 17,541.84
UTILITY BILLING TECHNICAL PROGRAMMING SERVICES INC BILLING SERVICES 1,528.54
TYRONE EUGENE DINKINS METER READER 235.35
TRACY HARLIN METER READER 216.00
KATHLEEN A BALSIGER METER READER 148.50
TODD C. KIMBALL METER READER 684.60
KATHLEEN A BALSIGER METER READER 480.60
TOTAL UTILITY BILLING
3,293.59
WATER
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
55.02
JPMORGAN CHASE BANK
HD SUPPLY - SHOVEL
24.15
JPMORGAN CHASE BANK
HD SUPPLY -METER
3,450.00
JPMORGAN CHASE BANK
HD SUPPLY - COUPLINGS
160.71
JPMORGAN CHASE BANK
HD SUPPLY - SUPPLIES
1,48825
TWIN CITIES READY MIX, INC
CONCRETE
475.00
JPMORGAN CHASE BANK
MILL CREEK - LUMBER
5520
JPMORGAN CHASE BANK
ACE HARDWARE - PROPANE
65.99
JPMORGAN CHASE BANK
LOWES -PART
0.97
JPMORGAN CHASE BANK
HD SUPPLY - METERS
360.00
JPMORGAN CHASE BANK
HD SUPPLY -METER
429.87
JPMORGAN CHASE BANK
HD SUPPLY -METER REGISTERS
3,542.00
JPMORGAN CHASE BANK
RADIOSHACK- CHARGER
19.99
JPMORGAN CHASE BANK
YALE CLEANER -DRY CLEANING
8.50
JPMORGAN CHASE BANK
TRANSCO -PPE
40.78
JPMORGAN CHASE BANK
TRANSCO -PPE
11.14
Page 1
Claims List
3/04/2014
Budget Unit Title
Vendor Name
Payable Description
Payment Amount
WATER...
JPMORGAN CHASE BANK
HD SUPPLY -WATER PUMP
1,156.00
254.9
USA MOBILITY WIRELESS, INC
PAGER USE
89.20
JPMORGAN CHASE BANK
SPRINT SOLUTIONS, INC.
SPRINT CARDS
13.33
TRAVEL EXPENSE
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
55.02
61.5
AEP /PSO
ELECTRIC USE
548.62
AT &T LONG DISTANCE
CITY OF TULSA DEPT OF FINANCE
LABORATORY SERVICES
500.00
HUTHER -LAB TESTING
JPMORGAN CHASE BANK
KIMS INTL- HYDRAULIC HOSE
30.92
65,2
JPMORGAN CHASE BANK
EQUIP ONE - PROPANE REFILL
75.86
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
GRAINGER- SUPPLIES
70.56
TRANSCO -PPE
JPMORGAN CHASE BANK
GRAINGER - SUPPLIES
8.30
WATER 12
JPMORGAN CHASE BANK
WASTE MGMT- SLUDGE REMOVAL
2,071.6
JPMORGAN CHASE BANK
TRAVEL EXPENSE
11.5
JPMORGAN CHASE BANK
NCL -LAB SUPPLIES
254.9
JPMORGAN CHASE BANK
METRO MACH WORK- ROLLER
955.0
JPMORGAN CHASE BANK
TRAVEL EXPENSE
6.8
JPMORGAN CHASE BANK
TRAVEL EXPENSE
9.2
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
61.5
USA MOBILITY WIRELESS, INC
PAGER USE
25.5
AT &T LONG DISTANCE
LONG DISTANCE PHONE BILL
25.2
JPMORGAN CHASE BANK
HUTHER -LAB TESTING
925.0
JPMORGAN CHASE BANK
GRAINGER- GLOVES
65,2
JPMORGAN CHASE BANK
GRAINGER- SUPPLIES
2051
JPMORGAN CHASE BANK
TRANSCO -PPE
11.1
JPMORGAN CHASE BANK
TRANSCO -PPE
40.7
JPMORGAN CHASE BANK
LOWES -PARTS
71.0
JPMORGAN CHASE BANK
LOWES -PART
0.2
JPMORGAN CHASE BANK
TRAVEL EXPENSE
8.E
JPMORGAN CHASE BANK
TRAVEL EXPENSE
14.1
JPMORGAN CHASE BANK
LOWES-2 TON POWER PULLS
77.<-
WALLACE ENGINEERING STRUCTURAL
ENGINEERING SERVICES
525.(
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
12.£
JPMORGAN CHASE BANK
ROSE COLLEGE -LAB SCHOOL
273.0
JPMORGAN CHASE BANK
FORT BEND- POLYMER
1,422.(
JPMORGAN CHASE BANK
LOWES -PARTS
95.£
AEP /PSO
ELECTRIC USE
24,477.' -
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
82
TREATMENT
31,730.4
;TION£
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
40.:
SPRINT SOLUTIONS, INC.
SPRINT CARDS
13.
JPMORGAN CHASE BANK
LOWES -DOOR HANDLE
24.
JPMORGAN CHASE BANK
LOWES -PARTS
27,
JPMORGAN CHASE BANK
TRANSCO -PPE
40.
Page 2
Claims List
3/04/2014
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
WASTEWATER COLLECTION:
JPMORGAN CHASE BANK
TRANSCO -PPE
11.14
USA MOBILITY WIRELESS, INC
PAGER USE
53.22
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
146.28
JPMORGAN CHASE BANK
SMITH & LOVELESS -PUMP
96324
LOT MAINTENANCE OF OKLAHOMA, INC.
CLEANED LINE AT LIFT STAT
1,650.00
AEP /PSO
ELECTRIC USE
4,130.21
TOTAL WASTEWATER COLLECTIONS 7,100.08
SANTA FE LIFT STATION JOLIE, INC. THE UPS STORE SHIPPING CHARGES -SANTA FE 74.96
TOTAL SANTA FE LIFT STATION 74.96
RANCH CREEK INTERCEPTOI SEVEN C'S ENTERPRISES, INC ACQUISITION OF SEWER LINE 900.00
TOTAL RANCH CREEK INTERCEPTOR
900.00
REFUSE COLLECTIONS
LENOX WRECKER SERVICE INC
TOWING
385.00
JPMORGAN CHASE BANK
JOE COOPER -SIDE MIRROR
20929
JPMORGAN CHASE BANK
CUMMINS - ENGINE REPAIR
1,376.83
JPMORGAN CHASE BANK
BUMPER2BUMPER -PARTS
10.65
USA MOBILITY WIRELESS, INC
PAGER USE
65.92
JPMORGAN CHASE BANK
TRANSCO -PPE
11.14
JPMORGAN CHASE BANK
TRANSCO -PPE
4038
JPMORGAN CHASE BANK
CUMMINS- ENGINE REPAIR
574.73
JPMORGAN CHASE BANK
BUMPER2BUMPER -PARTS
10.70
UNITED STATES CELLULAR CORPORATION
CELL BILL
62.77
JPMORGAN CHASE BANK
ZEP SALES - SUPPLIES
27.99
JPMORGAN CHASE BANK
BUMPER26UMPER- FITTINGS
3.98
UNIFIRST HOLDINGS LP
JUNIFORM RENTAL
45.31
TOTAL REFUSE COLLECTIONS 2,825.09
RECYCLE CENTER UNIFIRST HOLDINGS LP UNIFORM RENTAL 10.98
UNIFIRST HOLDINGS LP UNIFORM RENTAL 10.98
JPMORGAN CHASE BANK WASTE MGMT -REC TIPPING 1,642.66
NATIONAL WASTE & DISPOSAL, INC. GLASS ROLLOFF 200.00
UNIFIRST HOLDINGS LP UNIFORM RENTAL 45.31
AEP IPSO ELECTRIC USE 67.15
TOTAL RECYCLE CENTER 1,977.08
OPWA DEBT SERVICE THE BANK OF NEW YORK TRUST CO 618719/ORF990008 -U99B 3,582.72
OKLAHOMA WATER RESOURCES BOARD ORF -13- 0005 -CW113 368.05
THE BANK OF NEW YORK TRUST CO 618733106 NOTE 36.269.17
THE BANK OF NEW YORK TRUST CO 618713/FAP010003 -L /01 C 6,414.35
THE BANK OF NEW YORK TRUST CO 618708/FAP040006 -U04 21,181.79
THE BANK OF NEW YORK TRUST CO 2124231FAP100002 -U10 7,159.14
Page 3
Claims List
3/04/2014
Budget Unit Title
Vendor Name
Payable Description
Payment Amount
OPWA DEBT SERVICE...
THE BANK OF NEW YORK TRUST CO
618710/ORF010002 -1-1016
11,827.11
THE BANK OF NEW YORK TRUST CO
799420/ORF090007CW/09C
23,361.35
THE BANK OF NEW YORK TRUST CO
799413/FAP12001 1 -L/12-02B
10,440.00
THE BANK OF NEW YORK TRUST CO
875013/ORF -09- 0003 -CW 1098
55,960.40
THE BANK OF NEW YORK TRUST CO
693844113 -06DW
35,000.00
OKLAHOMA WATER RESOURCES BOARD
ORF -10- 0014 -CW /11
108,021.84
TOTAL OPWA DEBT SERVICE 319,585.92
ND GRAND TOTAL
398,125
VA STF DEBT SERVICE RCB TRUST SERVICES SERIES 2008 NOTE
100,311
THE BANK OF NEW YORK TRUST CO 628924/07 NOTE
138,60
AL OPWA STF DEBT SERVICE
238,921
FUND GRAND TOTAL 238,921.
OPWA ST SUB - DEBT SERV ISE SHOPS INVESTORS, L.P. DEVELOPMENT AGREEMENT 69,941
TOTAL OPWA ST SUB - DEBT SERV rQ QA1
GRAND TOTAL `
GRAND TOTAL $7061
Page 4
OWASSO PUBLIC WORKS AUTHORITY
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING DATE 02/22/14
Department Payroll Expenses Total Expenses
OPWA Administration
8,039.33
11,551.09
Utility Billing
4,720.80
7,991.99
Water
12,358.54
20,465.73
Wastewater
8,992.40
15,750.49
Wastewater Collection
7,556.63
12,482.90
Santa Fe Lift Station
-
-
Ranch Creek Interceptor
37.50
41.73
Refuse
10,112.28
16,112.80
Recycle Center
958.40
1,856.45
FUND TOTAL
52,775.88
86,253.18
OTh.-oy—w-7-t out Limits.
TO: The Honorable Chair and Trustees
Owasso Public Works Authority
FROM: Roger Stevens
Public Works Director
SUBJECT: John and Wendy McCarty Permanent Utility Easement
Ranch Creek Interceptor Improvements
DATE: February 28, 2014
BACKGROUND:
Over the past four months, city staff and a consultant have been involved in the acquisition of
utility easements for the Ranch Creek Interceptor Improvements. As part of those acquisitions,
negotiations with John and Wendy McCarty have been successfully completed for the
permanent utility easement of 29,360 square feet.
After several meetings with the property owners, the proposed contract (Attachment B) is based
on the negotiated amount between the two parties. As mentioned, this particular parcel
contains 29,360 square feet of easement. This amount reflects 12,000 square feet in the flood
zone at .20 cents per square foot, for the purchase price of $2,400. In addition, 17,360 square
feet out of the flood zone at approximately $1.30 per square foot, for the purchase price of
$22,600. Lastly, approximately 20 mature trees will be affected resulting in a compensation of
$250 per tree, for a purchase price of $5,000. Therefore, the total contract amount is $30,000.
FUNDING:
Funding is through the Oklahoma Water Resources Board (OWRB) via a loan from the Clean
Water State Revolving Fund.
RECOMMENDATION:
Staff recommends approval to purchase a permanent utility easement from John and Wendy
McCarty in the amount of $30,000 and authorization for payment of easement purchase.
ATTACHMENTS:
A. Location Map
B. Contract - John and Wendy McCarty
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ATTACHMENT B
February 18, 2014
John C. McCarty
9495 East 86 °i Street North
Owasso, OK 74055
RE: City of Owasso Sewer Line Project
Ranch Creels Sewer Line — Parcel
Dear Mr, McCarty:
It was a pleasure to review and discuss this project and how it affects the land tract with
you.
I am working under contract with the City of Owasso to obtain the easements for the
sewer line. Therefore, they have authorized me to offer you the following for obtaining
the needed documents for the easement. The City of Owasso will pay to you the amount
of JIQ 000.00 for the needed easements. in addition the City will do the following;
1. This amount reflects that there are 12,000 square feet in the Flood Zone and
17,360 square feet out of Flood Zone and 20 trees that will be affected.
2. At station 75 there is an existing concrete pipe. This pipe will be replaced
with litre concrete pipe as this is the access point to the north portion of tract,
3. At station 70 there is an existing slight pond or drainage area and it will be
returned to like elevation after work is completed.
4. The contractor /City will haul off all trees and debris from the land.
'5. Any and all fencing that is disturbed will be replaced with like fencing.
..............
Please acknowledge your acceptance with your signature below and return a copy along
with the W -9 to me. It will take about three weeks to obtain a check and I will contact
you when it is available.
I look forward to discussing the project so please feel free to contact me at the number
listed above to discuss this project,
Sincerely, Agreed and Accepted this date _�lC y
Mike R, Craddock
Terra Acquisition Services
co Roger Stevens,
Public Works Director
New Address: 8301 East 74 °i Place, Tulsa, OK 74133
The City Wit out Limits.
TO:
The Honorable Chair and Trustees
Owasso Public Works Authority
FROM:
Linda Jones, Finance Director
SUBJECT:
Resolution No. 2014 -02 - Trustee Bank Services
DATE:
February 28, 2014
BACKGROUND:
The Oklahoma Water Resources Board (OWRB) operates the State Revolving Fund (SRF) loan
program and the Financial Assistance Program (FAP). For the past twenty years, all of the
OPWA's major water and wastewater projects except one have been financed by the OWRB.
On February 10, 2014, the Oklahoma Water Resources Board (OWRB) notified the City that The
Bank of New York Mellon Trust Company, N.A. will no longer have trust offices in the State of
Oklahoma as of March 31, 2014. OPWA loan agreements require the trustee institution to have
"corporate trust powers domiciled in the State." Other trustee requirements are as follows:
+ Minimum of $100,000,000 in assets
• Capital, surplus and undivided profits of at least $10,000,000
• A full -time trust officer
• Experience as a trustee on similar municipal revenue bond financings
The OWRB communication further requested that we notify them by March 14, 2014, as to our
selection of a replacement trustee and to provide them with a new trustee agreement by
March 31, 2014.
PROPOSED ACTION:
After soliciting fee quotes from multiple qualified trustees, the staff recommends appointing
BancFirst as the trustee for outstanding OPWA loans currently held with The Bank of New York
Mellon Trust Company,
RECOMMENDATION:
Staff recommends Trustees adoption of Resolution No. 2014 -02, approving the removal of The
Bank of New York Mellon Trust Company, N.A., as trustee bank, and appointing a successor
trustee bank with respect to certain obligations of indebtedness of the authority; and containing
other provisions relating thereto.
ATTACHMENT:
Resolution 2014 -02
OWASSO PUBLIC WORKS AUTHORITY
RESOLUTION NO. 2014-02
A RESOLUTION OF THE OWASSO PUBLIC WORKS AUTHORITY (THE
"AUTHORITY ") APPROVING THE REMOVAL OF THE BANK OF NEW YORK
MELLON TRUST COMPANY, N.A., AS TRUSTEE BANK, AND APPOINTING
BANCFIRST, AS SUCCESSOR TRUSTEE BANK, WITH RESPECT TO CERTAIN
OBLIGATIONS OF INDEBTEDNESS OF THE AUTHORITY; AND CONTAINING
OTHER PROVISIONS RELATING THERETO.
WHEREAS, The Owasso Public Works Authority, Tulsa County, Oklahoma (the
"Authority "), was organized under Title 60, Oklahoma Statutes 2011, Sections 176- 180.4, as
amended, for the purpose of furthering the public functions of the City of Owasso,
Oklahoma (the "City "); and
WHEREAS, the Authority heretofore issued and has partially outstanding its (i)
Amended Series 1999B Promissory Note to Oklahoma Water Resources Board dated April
2, 2009, issued in the original principal amount of $380,000.00; (ii) Amended Series 2001 B
Promissory Note to Oklahoma Water Resources Board dated April 2, 2009, issued in the
original principal amount of $1,255,000.00; (iii) Amended Series 2001C Promissory Note to
Oklahoma Water Resources Board dated April 2, 2009, issued in the original principal
amount of $680,000.00; (iv) Series 2004 Promissory Note to Oklahoma Water Resources
Board dated May 12, 2004, issued in the original principal amount of $2,350,000.00; (v)
Utility System and Sales Tax Revenue Note, Series 2006 dated November 27, 2006, issued
in the original principal amount of $3,865,000.00; (vi) Series 2010 Promissory Note to
Oklahoma Water Resources Board dated June 16, 2010, issued in the original principal
amount of $655,000; (vii) Series 2012 Promissory Note to Oklahoma Water Resources Board
dated March 28, 2012, issued in the original principal amount of $1,005,000.00; and (viii)
Utility System and Sales Tax Revenue Note, Series 2013 dated December 13, 2013, issued
in the original principal amount of $2,915,000.00 (collectively, the "Senior Lien Utility
Debt "); and
WHEREAS, the Senior Lien Utility Debt was issued pursuant to the terms of a General
Bond Indenture dated as of December 1, 1997, as heretofore supplemented and
amended (collectively referred to herein as the "Senior Lien Indenture "), all by and
between the Authority and The Bank of New York Mellon Trust Company, N.A., as
successor in interest to Bank One Trust Company, NA (collectively referred to herein as
"Bank of New York "); and
WHEREAS, the Authority heretofore issued and has partially outstanding its (i) Series
1999A Clean Water SRF Promissory Note to Oklahoma Water Resources Board dated June
30, 1999, issued in the original principal amount of $931,609.92; (ii) Series 2001A Clean
Water SRF Promissory Note to Oklahoma Water Resources Board dated June 27, 2001,
issued in the original principal amount of $1,029,535.03; (iii) Series 2002A Clean Water SRF
Promissory Note to Oklahoma Water Resources Board dated June 30, 1999, issued in the
original principal amount of $886,417.88; (iv) Utility System and Sales Tax Revenue Note,
Subordinate Series 2007 dated September 10, 2007, issued in the original principal
amount of $10,000,000.00; (v) Series 2009B Clean Water SRF Promissory Note (Wastewater
Treatment Plant) to Oklahoma Water Resources Board dated December 8, 2009, issued in
2
the original principal amount of $10,795,000.00; (vi) Series 2009C Clean Water SRF
Promissory Note (76th Street Interceptor) to Oklahoma Water Resources Board dated
December 8, 2009, issued in the original principal amount of $4,510,000.00; and (vii) Series
2011 Clean Water SRF Promissory Note to Oklahoma Water Resources Board dated
November 17, 2011, issued in the original principal amount of $3,115,000.00; and (vii)
Series 2013 Clean Water SRF Promissory Note to Oklahoma Water Resources Board dated
December 13, 2013, issued in the original principal amount of $3,425,000.00 (collectively,
the "Subordinate Lien Utility Debt "); and
WHEREAS, the Subordinate Lien Utility Debt was issued pursuant to the terms of a
General Bond Indenture dated as of September 1, 2007, as supplemented and
amended by a Series 2007 Supplemental Note Indenture dated as of September 1, 2007,
both by and between the Authority and Bank of New York; various Trust Agreements by
and between the Authority and Bank of New York; and a Parity Agreement dated as of
September 10, 2007, by and among the Authority, Bank of New York, and the Oklahoma
Water Resources Board (the General Bond Indenture, as supplemented and amended,
the Trust Agreements, and the Parity Agreement are all collectively referred to herein as
the "Subordinate Lien Indenture "); and
WHEREAS, the Authority heretofore issued and has partially outstanding its
Promissory Note, Series 2006 dated December 14, 2006, issued in the original principal
amount of $1,865,000.00 (the "Promissory Note "); and
WHEREAS, the Promissory Note was issued pursuant to the terms of a Note
Indenture dated as of December 1, 2006, by and between the Authority and Bank of
New York (the "Note Indenture ", and collectively with the Senior Lien Indenture and the
Subordinate Lien Indenture, referred to herein as the "Indentures "); and
WHEREAS, the Oklahoma Water Resources Board, by letter dated February 10,
2014, has advised the Authority that Bank of New York intends to close its corporate trust
operations located within the State of Oklahoma, and as a result, the Oklahoma Water
Resources Board has determined that Bank of New York will no longer be eligible to serve
as trustee bank with respect to loans originated by the Oklahoma Water Resources
Board; and
WHEREAS, the provisions of the respective Indentures provide that the Authority
may at its own discretion remove the existing trustee and appoint a successor trustee
provided that no event of default exists under the provisions of the respective Indentures;
and
WHEREAS, the Authority desires to appoint BancFirst, as successor trustee, pursuant
to the respective terms of the respective Indentures; and
WHEREAS, the Oklahoma Water Resources Board has advised the Authority that
BancFirst is eligible to serve as trustee bank with respect to loans originated by the
Oklahoma Water Resources Board; and
WHEREAS, it is the desire of the Authority to authorize the execution and delivery of
any and all documents necessary or attendant to the appointment of said successor
trustee.
NOW, THEREFORE, BE IT RESOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC WORKS
AUTHORITY, TULSA COUNTY, OKLAHOMA:
Section 1. Removal of Trustee and Appointment of Successor Trustee, The
Authority hereby approves the removal of The Bank of New York Mellon Trust Company,
N.A., as trustee bank under the respective Indentures, and hereby appoints BancFirst, as
successor trustee bank, to assume the roles and responsibilities of trustee bank under the
respective Indentures in accordance with the terms thereof. BancFirst, as successor
trustee bank, is further directed to give any such notices and take any other actions as
may be required to facilitate the transition of trustee bank responsibilities in accordance
with the respective Indentures.
Section 2. Necessary Action. The Chairman or Vice Chairman and Secretary or
Assistant Secretary of the Authority are hereby further authorized on behalf of the
Authority to accept, receive, execute, attest, seal and deliver any and all such
documentation, certifications and instruments and to take such further actions as may be
required in connection with the transactions contemplated hereby, and are further
authorized to approve and make any changes to the documents approved by this
Resolution, for and on behalf of the Authority, the execution and delivery of such
documents being conclusive as to the approval of any terms contained therein.
[Remainder of Page Left Blank Intentionally]
4
ADOPTED AND APPROVED THIS 4T" DAY OF MARCH, 2014.
THE OWASSO PUBLIC WORKS AUTHORITY
Doug Bonebrake, Chairman
ATTEST:
Sherry Bishop, Secretary
(SEAL)
March 4, 2014
Notice to The Bank of New York Mellon Trust Company, N.A. (the "Bank of New York ")
In connection with the following Obligations issued by The Owasso Public Works Authority (the
"Authority'):
• (i) Amended Series 1999B Promissory Note to Oklahoma Water Resources Board dated
April 2, 2009, issued in the original principal amount of $380,000.00; (ii) Amended Series
2001 E Promissory Note to Oklahoma Water Resources Board dated April 2, 2009, issued in
the original principal annount of $1,255,000.00; (iii) Amended Series 2001C Promissory
Note to Oklahoma Water Resources Board dated April 2, 2009, issued in the original
principal amount of $680,000.00; (iv) Series 2004 Promissory Note to Oklahoma Water
Resources Board dated May 12, 2004, issued in the original principal amount of
$2,350,000.00; (v) Utility System and Sales Tax Revenue Note, Series 2006 dated
November 27, 2006, issued in the original principal amount of $3,865,000.00; (vi) Series
2010 Promissory Note to Oklahoma Water Resources Board dated June 16, 2010, issued in
the original principal amount of $655,000; (vii) Series 2012 Promissory Note to Oklahoma
Water Resources Board dated March 28, 2012, issued in the original principal amount of
$1,005,000.00; and (viii) Utility System and Sales Tax Revenue Note, Series 2013 dated
December 13, 2013, issued in the original principal arnount of $2,915,000.00 (collectively,
the "Senior Lien Utility Debt "); all issued pursuant to the terms of a General Bond
Indenture dated as of December 1, 1997, as heretofore supplemented and amended
(collectively referred to herein as the "Senior Lien Indenture "), all by and between the
Authority and The Bank of New York Mellon Trust Company, N.A., as successor in
interest to Bank One Trust Company, NA (collectively referred to herein as `Bank of New
York ")
• (i) Series 1999A Clean Water SRF Promissory Note to Oklahoma Water Resources Board
dated June 30, 1999, issued in the original principal amount of $931,609.92; (ii) Series
2001A Clean Water SRF Promissory Note to Oklahoma Water Resources Board dated June
27, 2001, issued in the original principal amount of $1,029,535.03; (iii) Series 2002A Clean
Water SRF Promissory Note to Oklahoma Water Resources Board dated June 30, 1999,
issued in the original principal amount of $886,417.88; (iv) Utility System and Sales Tax
Revenue Note, Subordinate Series 2007 dated September 10, 2007, issued in the original
principal amount of $10,000,000.00; (v) Series 2009B Clean Water SRF Promissory Note
(Wastewater Treatment Plant) to Oklahoma Water Resources Board dated December 8,
2009, issued in the original principal amount of $1.0,795,000.00; (vi) Series 2009C Clean
Water SRF Promissory Note (76th Street Interceptor) to Oklahoma Water Resources Board
dated December 8, 2009, issued in the original principal amount of $4,510,000.00; and (vii)
Series 2011 Clean Water SRF Promissory Note to Oklahoma Water Resources Board dated
November 17, 2011, issued in the original principal amount of $3,115,000.00; and (vii)
Series 2013 Clean Water SRF Promissory Note to Oklahoma Water Resources Board dated
Notice of Removal and Appointment of Successor Trustee
Page - 1
December 13, 2013, issued in the original principal amount of $3,425,000.00 (collectively,
the "Subordinate Lien Utility Debt "); all issued pursuant to the terms of a General Bond
Indenture dated as of September 1, 2007, as supplemented and amended by a Series 2007
Supplemental Note Indenture dated as of September 1, 2007, both by and between the
Authority and Bank of New York; various Trust Agreements by and between the Authority
and Bank of New York; and a Parity Agreement dated as of September 10, 2007, by and
among the Authority, Bank of New York, and the Oklahoma Water Resources Board (the
General Bond Indenture, as supplemented and amended, the Trust Agreements, and the
Parity Agreement are all collectively referred to herein as the "Subordinate Lien Indenture")
• Promissory Note, Series 2006 dated December 14, 2006, issued in the original principal
amount of $1,865,000.00 (the "Promissory Note ", and collectively with the Senior Lien
Utility Debt and the Subordinate Lien Utility Debt, referred to herein as the "Obligations"): ;
issued pursuant to the teens of a Note Indenture dated as of December 1, 2006, by and
between the Authority and Bank of New York (the "Note Indenture", and collectively with
the Senior Lien Indenture and the Subordinate Lien Indenture, referred to herein as the
"Indentures ")
The Bank of New York Mellon Trust Company, N.A., is hereby removed as trustee bank in
connection with the above referenced Obligations, and BancFirst is hereby appointed as successor
trustee bank under each of the Indentures, all to be effective as of the date written herein below.
Both The Bank of New York Mellon Trust Company, N.A., and BaneFirst are hereby directed to
take such actions and give such notices necessary to effect the transfer of trusteeship, as may be
required by the particular provisions of each of the respective Indentures.
WITNESS our hands and seal this 4 °i day of March, 2014.
(SEAL)
ATTEST:
Sherry Bishop, Secretary
THE OWASSO PUBLIC WORKS AUTHORITY
Doug Bonebrake, Chairman
Notice of Removal and Appointment of Successor Trustee
Page - 2