Loading...
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 RFcF�V�o FEB2,; Zp14 C/t 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 i r klqf*. sk R N FA R T �- t•A 0.nN I�� w: 1 r AK � b �, r C JJlli tar �pj AA' t r i I 4 Imo_ - " F ------ I SEWFR INMItCEPTCR EXISTING PROPOSED crt of own so. oxl oN SANITARY SEWER SANITARY SEWER aueuc wUa JEP IMLNI ENGINEG%NL LmPLN 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