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HomeMy WebLinkAbout1998 10_Approve Incurrance of indebtedness OPWA_1998.12.15NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: SECTION 1. Indebtedness Authorized. The Owasso Public Works Authority (the "Authority") is hereby authorized to incur an indebtedness by the issuance of its Utility and Sales Tax Revenue Note, Series 1998, in the amount of $1,200,000, according to the terms and conditions of (i) a Loan Agreement dated as of December 1, 1998, by and between the Authority and First Bank of Owasso (the "Loan Agreement") and (ii) a Sales Tax Agreement dated as of December 1, 1998, by and between the City and the Authority pertaining to a year-to-year pledge of certain sales tax revenue, provided that said Note shall never constitute a debt of the City of Owasso, Oklahoma (the "City"). SECTION 2. Waiving Competitive Bidding; Approval of Sale Proceedings, The waiving of competitive bidding for the sale of the Note and the sale of said Note by the Authority to First Bank of Owasso, is hereby approved. SECTION 3. Lease. The Authority and the City heretofore entered into a Lease dated July 31, 1973, as amended by an Amendment to Lease dated as of July 1, 1996 (collectively, the "Lease"), whereby the City leased its then existing and thereafter acquired water, sanitary sewer and garbage and trash collection systems and the Bailey Ranch Golf Club to the Authority (collectively, the "System"), and whereby the Authority agreed to operate and maintain the same, which Lease, as amended, amends and supersedes all prior lease agreements between the City and the Authority pertaining to said systems. The City hereby ratifies and confirms the Lease in all respects. SECTION 4. City's Expectations. The City anticipates that the total amount of tax-exempt obligations (other than private activity bonds) issued by The Owasso Public Works Authority, or other issuers on behalf of said City, will not exceed $10,000,000 for calendar year 1998, and the City hereby designates the Note to be a qualified tax-exempt obligation with respect to the financial institution interest deduction provisions contained in the Internal Revenue Code of 1986, as amended, and authorizes the Mayor or Vice Mayor to execute and deliver on behalf of the City a Certificate of Designation to that effect. SECTION 5. Authorizing Execution The Mayor or Vice Mayor of the City, representing the City at the closing of the above-referenced note issue, is hereby authorized to execute and deliver on behalf of the City any and all certifications and documentation necessary or attendant to the delivery of the Note, as directed by Bond Counsel. NamMarcia Boutweft Title: City Clerk =6 5411 Name: Denise Bode Title: Mayor 2 CERTIFICATE OF CITY COUNCIL ACTION I, the undersigned, hereby certify that I am the duly qualified and acting City Clerk of the City of Owasso, Oklahoma. I further certify that the City Council of the City of Owasso, Oklahoma, held a Regular Meeting at 6:30 o'clock P.M., on December 15, 1998, after due notice was given in full compliance with the Oklahoma Open Meeting Act. I further certify that attached hereto is a full and complete copy of a Resolution that was passed and approved by said City Council at said meeting as the same appears in the official records of my office and that said Resolution is currently in effect and has not been repealed or amended as of this date. I further certify that below is listed those Council Members present and absent at said meeting; those making and seconding the motion that said Resolution be passed and approved; and those voting for and against such motion: PRESENT: Melinda Voss, Duston Smith, Mary Lou Barnhouse, Mark Wilken, Denise Bode ABSENT: None MOTION MADE BY: Mark Wilken MOTION SECONDED BY: Duston Smith AYE: Wilken, Smith, Voss, Barnhouse, Bode NAY: None 111111, 11gqJ1,1111, 'N; IN M1111111 4i 16 k1g: Marc0outwell, City Clerk (SEAL) 3