Loading...
HomeMy WebLinkAbout2018.05.15_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY Council Chambers, Old Central Building 109 N Birch, Owasso, OK 74055 Regular Meeting Tuesday, May 15, 2018 - 6:30 pm 1. Call to Order Chair Chris Kelley 2. Roil Call Gee 3. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (Ail 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. Approve minutes • May 1, 2018, Regular Meeting • May 8, 2018, Regular Meeting B. Approve claims 4. Consideration and appropriate action relating to items removed from the Consent Agenda 5. Consideration and appropriate action relating to Resolution 2018 -05, authorizing the Owasso Public Works Authority (the "Authority ") to issue its Sales Tax Revenue Note, Series 2018 (the '.Note ") in the aggregate principal amount of $9,800,000; waiving competitive bidding and authorizing the Note to be sold on a negotiated basis; ratifying and confirming a Sales Tax Agreement by and between the City and the Authority pertaining to a year -to -year pledge of certain sales tax revenue; approving and authorizing execution of a Supplemental Note Indenture authorizing the issuance and securing the payment of the Note; providing that the organizational document creating the Authority is subject to the provisions of the Note Indenture; authorizing and directing the execution of the Note and other documents relating to the transaction; and containing other provisions relating thereto Linda Jones Staff recommends approval of Resolution 2018 -05. 6. Consideration and appropriate action relating to a budget amendment Linda Jones Staff recommends approval of a budget amendment increasing estimated revenues and the appropriation for expenditures by $9,800,000 (Sales Tax Revenue Note, Series 2018. 7. Consideration and appropriate action relating to a budget amendment and the acquisition of property for the Coffee Creek Lift Station Improvement Project Roger Stevens Staff recommends approval of a budget amendment increasing the appropriation for expenditures by $129,500; approval of a land purchase agreement between the OPWA and Warren Smith, Julie Smith, Scott Golightly, and Holly Golightly; authorization for the Authority Manager to execute the agreement; and authorization for payment to Commercial Title and Escrow Services, Inc. OPWA May 15, 2018 Page 2 8. Consideration and appropriate action relating to Resolution 2018 -06, declaring the intent of the Owasso Public Works Authority to expend certain funds in connection with land acquisition for certain Coffee Creek Lift Station improvements with said expenditures to be reimbursed from the proceeds of debt to be incurred by the Authority; and containing other provisions relating thereto Linda Jones Staff recommend approval of Resolution 2018 -06. 9. Report from OPWA Manager 10. Report from OPWA Attorney 11. Official Notices to Authority (documents for acknowledgment or information only, no discussion or action will be taken) • Payroll Payment Reports - Pay Period Ending Date 4/28/18 • Monthly Budget Status Report - April 2018 12. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 13. Adjournment Notice of Public Meeting filed in the office of the City Clerk and the Agenda posted at City Hall, 200 S Main St, at 6:00 pm on Friday, May 11, 2018. qM. Stevens, C The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918- 376 -1502 or by email to Lstevens@citvofawasso.com OWASSO CITY COUNCIL OWASSO PUBLIC WORKS AUTHORITY (OPWA) OWASSO PUBLIC GOLF AUTHORITY (OPGA) MINUTES OF REGULAR JOINT MEETING Tuesday, May 1, 2018 The Owasso City Council Owasso, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in regular, joint session on Tuesday, May 1, 2018, in the Council Chambers at Old Central, 109 N Birch, Owasso, Oklahoma per the Notice of Public Meeting and Agenda filed in the office of the City Clerk and posted at City Hall, 200 S Main St, at 6:00 pm on Friday, April 27, 2018. I . Call to Order Mayor /Chair Lyndell Dunn called the meeting to order at 6:31 pm. 2. Invocation The invocation was offered by Campus Pastor Richie Leber of Life Church Owasso. 3. Flag Salute Councilor Jeri Moberly led the flag salute. 4. Presentation of the Character Trait of Availability Kathy Curtis, Character Council Member, presented the Character Trait of Availability for the month of Availability. 5. Oath of Office Julie Lombardi administered the Oath of Office for Ward 1, City Councilor /Trustee Kelly Lewis and Ward 2, City Councilor /Trustee Chris Kelley. 6. Roll Call Present Absent Mayor /Chair- Lyndell Dunn None Vice - Mayor /Vice -Chair - Chris Kelley Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Bill Bush Councilor /Trustee - Kelly Lewis A quorum was declared present. Staff: City Manager /Authority Manager - Warren Lehr City Attorney /Authority Attorney - Julie Lombardi Election of Mayor /OPWA Chair /OPGA Chair Mayor /Chair Lyndell Dunn called for a nomination for the position of Mayor. Mr. Bonebrake moved, seconded by Mr. Bush to nominate Chris Kelley for Mayor /OPWA Chair /OPGA Chair. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 8. Election of Vice - Mayor /OPWA Vice - Chair /OPGA Vice -Chair Mayor /Chair Chis Kelley called for a nomination for the position of Vice - Mayor /OPWA Vice - Chair/OPGA Vice- Chair. Mr. Dunn moved, seconded by Mr. Bonebrake to nominate Bill Bush for Vice - Mayor /OPWA Vice- Chair /OPGA Vice - Chair. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 Owasso City Council /OPWA /OPGA May 1, 2018 Page 2 9. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the City Council /Authorities to be routine and will be enacted by one motion. Any Councilor /Trustee may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve Owasso City Council minutes - April 17, 2018 Regular Meeting B. Approve Owasso Public Works Authority minutes - April 17, 2018 Regular Meeting C. Approve Owasso Public Golf Authority minutes - April 17, 2018 Regular Meeting D. Approve City of Owasso claims E. Approve Owasso Public Works Authority claims F. Approve Owasso Public Golf Authority claims G. Appoint Juliann M. Stevens as City Clerk and Chris Garrett as Deputy City Clerk H. Accept public infrastructure improvements including two concrete approaches, sidewalk, and waterline extension at Casey's General Store, located at 9699 E 86 St N (City Council) Mr. Bush moved, seconded by Mr. Bonebrake to approve Council claims totaling $1,198,385.51 and addendum total Authority claims totaling $612,202.54, and Owasso Public $15,872.32. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 the Consent Agenda with City of $20.02, Owasso Public Works Golf Authority claims totaling 10. Consideration and appropriate action relating to items removed from the Consent Agenda None 11. Consideration and appropriate action relating to City Council Resolution 2018 -05, adopting the Owasso Economic Development Strategic Plan Chelsea Feary presented the item recommending Council approval of Resolution 2018 -05. There were no comments from the audience. After discussion, Mr. Bush moved, seconded by Mr. Bonebrake to approve City Council Resolution 2018 -05, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 12. Consideration and appropriate action relating to City Council authorization to submit a request to the Tulsa County Vision Authority for the allocation of Excess Vision 2025 funds and requesting a Capital Improvement Agreement for the 76th Street North and Main Street Utility Relocation Project Linda Jones presented the item recommending Council authorization for the City Manager to execute a letter requesting the Tulsa County Vision Authority amend their Resolution, dated November 2, 2016, by increasing the listed project cost amount from $148,363 to $157,056 for the 76th Street North and Main Street Utility Relocation project, and requesting the Tulsa Board of County Commissioners to issue a Capital Improvements Agreement for the same project. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn for City Council authorization for the City Manager to execute the letter, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 Owasso City Council /OPWA /OPGA May 1, 2018 Page 3 13. Report from City Manager /Authority Manager Roger Stevens presented the Monthly Public Works Project Status Report. Mr. Lehr expressed appreciation to Sherry Bishop and congratulated her on retirement; and commented on upcoming community events: Yard waste - May 5 and May 12 and Owasso CARES - May 12, 2018. 14. Report from City Attorney /Authority Attorney None 15. Report from City Councilors /Trustees Councilors /Trustees welcomed Councilor /Trustee Kelly Lewis; expressed appreciation to Jeri Moberly; and commented about upcoming community events: The Gathering on Main - May 3 and Trail Days - May 4 and May 5, 2018. 16. Official Notices to Council /Authority (documents for acknowledgment or information only, no discussion or action will be taken) The Mayor /Chair acknowledged receipt of the following: • Owasso City Council: - Payroll Payment Reports Pay Period Ending Date 4/14/18 - Health Care Self- Insurance Claims - dated as of 4/26/18 - Permit No. WL000072170646 for the construction of 777 linear feet of six (6) inch PVC potable water line and all appurtenances to serve the Lifepoint Baptist Church, Tulsa County, Oklahoma (11225 N Garnett Rd) • Owasso Public Works Authority - Payroll Payment Reports Pay Period Ending Date 4/14/18 • Owasso Public Golf Authority - Payroll Payment Reports Pay Period Ending Date 4/14/18 17. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None 18. Adjournment Mr. Dunn moved, seconded by Ms. Lewis to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried 5 -0 and the meeting adjourned at 7:05 pm. Chris Kelley, Mayor /Chair Lisa Wilson, Minute Clerk OWASSO CITY COUNCIL, OPWA & OPGA MINUTES OF JOINT REGULAR MEETING Tuesday, May 8, 2018 The Owasso City Council, Owasso Public Works Authority, and Owasso Public Golf Authority met in a joint regular meeting on Tuesday, May 8, 2018, in the Council Chambers at Old Central, 109 N Birch Street, Owasso, Oklahoma, per the Notice of Public Meeting and Agenda filed in the office of the City Clerk and posted at City Hall, 200 S Main (west side), at 6:00 pm on Friday, May 4, 2018. 1. Call to Order Mayor /Chair Chris Kelley called the meeting to order at 6:00 pm. Present Mayor /Chair- Dr. Chris Kelley Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Lyndell Dunn Councilor /Trustee - Kelly Lewis A quorum was declared present. Absent Vice- Mayor /Vice -Chair - Bill Bush 2. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing personnel matters of the City Attorney and City Manager as provided for in Title 25, O.S. § 307(B)(1) Councilor Bonebrake moved, seconded by Councilor Dunn to enter into executive session to discuss the annual evaluation of the City Attorney and City Manager. YEA: Bonebrake, Dunn, Lewis, Kelley NAY: None Motion carried: 4 -0 At 6:01 pm, the Council, along with Jim and Jeanine Rhea of Greenwood Performance entered into executive session. At 7:48 pm, the Council returned to open session. 3. Discussion relating to Community Development items A. Proposed amendments to the Owasso Zoning Code B. Annexation /Rezoning (OA 18 -02 /OZ 18 -03) - 10920 N Garnett Rd Bronce Stephenson presented each item and discussion was held. It was further explained that Item 3A would be placed on the June 19, 2018, Council agenda and Item 3B would be placed on the May 15, 2018, Council agenda for consideration and action. 4. Discussion relating to proposed amendments to the Owasso Code of Ordinances A. Part 11, Parks and Recreation, establishing a Special Events Permit- Larry Langford B. Part 13, Public Safety, Section 13 -102 Fire Department Enforcement - David Hurst Larry Langford presented Item 4A and discussion was held. It was further explained that an item would be placed on the June worksession for additional discussion. David Hurst and Johnny Peterson presented Item 4B and discussion was held. It was further explain that an item would be submitted in June for Council consideration and action. 5. Discussion relating to Data Storage Area Network Teresa Willson presented the item and discussion was held. It was further explained that an item seeking a budget amendment and authorization to purchase would be placed on the May 15, 2018, Council agenda for consideration and action. Owasso City Council, OPWA & OPGA May 8, 2018 Page 2 6. Discussion relating to Citizen Board & Committee Appointments Warren Lehr presented the item and discussion was held. It was further explained that an item would be placed on the June worksession agenda for additional discussion. 7. Discussion relating to City Manager items • Presentation of FY 2018 -2019 Annual Operating Budget • Monthly sales tax report • City Manager report Warren Lehr and Linda Jones presented the Proposed FY 2018 -2019 Annual Operating Budget and discussion was held. Linda Jones presented the monthly sales tax report and discussed was held Warren Lehr reported on the Spring Owasso C.A.R.E.S. day has been rescheduled to Saturday, May 12, 2018; and the city's application for Surface Transportation Funding for the E 96 +h St N and N 145 E Ave Intersection Improvement Project has been denied. 8. City Councilor /Trustee comments and inquiries Councilor Bonebrake expressed appreciation for the city staff's participation with a city information booth at the Gathering on Main Street events; Councilor Dunn advised that Owasso would be represented at the U.S. Capitol during the Annual Tulsa Chamber D.C. Fly - In; and Mayor Kelley commented on the successes of the Owasso High School Sports Teams for this school year. 9. Adjournment Councilor Lewis moved, seconded by Councilor Bonebrake to adjourn the meeting. YEA: Bonebrake, Dunn, Lewis, Kelley NAY: None Motion carried: 4 -0 The meeting adjourned at 7:48 pm. Chris Kelley, Mayor /Chair Juliann M. Stevens, City Clerk Claims List - 5/1512018 Fund Vendor Name Payable Description Payment Amount 61 OPWA AT &T CONSOLIDATED PHONE $146.65 AT &T LONG DISTANCE PHONE $4.23 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES -APRI $74.54 CITY GARAGE LABOR/OVERHEAD - MAY, 201 $141.58 CITY GARAGE VEH PARTS PURCH - APRIL, $172.18 CLEAN UNIFORM COMPANY UNIFORM SERVICE $82.23 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $55.98 JPMORGAN CHASE BANK CHARACTER TRAINING $234.09 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES $73.45 JPMORGAN CHASE BANK OFFICE EVERYTHING -SUP $104.06 JPMORGAN CHASE BANK SAMS- SUPPLIES $139.96 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $657.50 OPWA ADMINISTRATION -Total BUMP2BUMP -HOSE $1,886.45 AT &T CONSOLIDATED PHONE $12.03 CITY GARAGE LABOR /OVERHEAD - MAY, 201 $530.58 CITY GARAGE VEH PARTS PURCH - APRIL, $365.04 CLEAN UNIFORM COMPANY UNIFORM SERVICE $13.83 JPMORGAN CHASE BANK ATWOODS -BOOTS $79,99 JPMORGAN CHASE BANK ATWOODS -TOOLS $39.99 JPMORGAN CHASE BANK LOWES -PARTS $77,94 JPMORGAN CHASE BANK LOWES- RETURN ($19,98) JPMORGAN CHASE BANK LOWES - SUPPLIES $34.15 JPMORGAN CHASE BANK QUALITY HITCH -LOCK $44.90 JPMORGAN CHASE BANK QUALITY HITCH -PARTS $193.25 JPMORGAN CHASE BANK WASTE MGMT -REC TIP FE $959.69 TERMINIX MONTHLY PEST CONTROL AT $59.00 R RECYCLE CENTER -Total $2,390.41 AT &T CONSOLIDATED PHONE $12.03 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - APRI $2,724.48 CITY GARAGE LABOR/OVERHEAD - MAY, 201 $4,576.67 CITY GARAGE VEH PARTS PURCH - APRIL, $2,563.28 CLEAN UNIFORM COMPANY UNIFORM SERVICE $90.57 COVANTA LANCASTER, INC REFUSE TIPPING FEES $10,749.28 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2018 $3,462.61 JPMORGAN CHASE BANK ACADEMY -BOOTS $74.99 JPMORGAN CHASE BANK ACADEMY -PPE $349,97 JPMORGAN CHASE BANK ACADEMY - SUPPLIES $22,99 JPMORGAN CHASE BANK AWTI- CABLES $65.36 JPMORGAN CHASE BANK BUMP2BUMP- GREASE $77.00 JPMORGAN CHASE BANK BUMP2BUMP -HOSE $37.08 1 Claims List - 5/15/2018 Fund Vendor Name Payable Description Payment Amount 61 OPWA JPMORGAN CHASE BANK BUMP2BUMP- WASHERS $25.00 JPMORGAN CHASE BANK CUMMINS - REPAIRS $538.16 JPMORGAN CHASE BANK KIMS INT'L -HOSE $54.34 JPMORGAN CHASE BANK KIMS INT'L -HOSES $330.11 JPMORGAN CHASE BANK PIKEPASS -FEES $22.15 JPMORGAN CHASE BANK SEMI TRUCK -WASH $130.00 REHRIG PACIFIC CO. REFUSE CONTAINERS $17,752.30 THE METROPOLITAN ENVIRONMENTAL DISPOSAL $200.00 TRUS HOME DEPOT - BATTERIES $25.96 REFUSE COLLECTIONS -Total HOME DEPOT - MATERIALS $43,858.37 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $14.24 JPMORGAN CHASE BANK OFFICE EVERYTHING -TON $48.58 TECHNICAL PROGRAMMING SERVICES INC BILLING SERVICES $3,759.82 TODD C. KIMBALL METER READER $109.50 TYRONE EUGENE DINKINS METER READER $983.25 UTILITY BILLING -Total $4,915.39 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES -APR[ $222.89 CITY GARAGE LABOR/OVERHEAD - MAY, 201 $1,385.42 CITY GARAGE VEH PARTS PURCH - APRIL, $483.77 CLEAN UNIFORM COMPANY UNIFORM SERVICE $76.20 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2018 $124.62 JPMORGAN CHASE BANK CORE &MAIN - MATERIALS $701.08 JPMORGAN CHASE BANK CORE &MAIN -VALVE $2,425.00 JPMORGAN CHASE BANK CORNERSTONE -PARTS $6.28 JPMORGAN CHASE BANK HOME DEPOT - BATTERIES $25.96 JPMORGAN CHASE BANK HOME DEPOT - MATERIALS $43.96 JPMORGAN CHASE BANK LOWES -PAINT $59.76 JPMORGAN CHASE BANK LOWES- SUPPLIES $18.44 JPMORGAN CHASE BANK OREILLY- MATERIALS $80.86 JPMORGAN CHASE BANK OREILLY -PARTS $4,29 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $174.64 VERDIGRIS VALLEY ELECTRIC COOP COFFEE CREEK ELECTRIC $434.43 VERDIGRIS VALLEY ELECTRIC COOP GARRETT CREEK ELECTRI $300.00 VERIZON WIRELESS WIRELESS CONNECTION $80.02 WASTEWATER COLLECTIONS -Total $6,647.62 AT &T CONSOLIDATED PHONE $72.16 AT &T LONG DISTANCE PHONE $3.51 CITY GARAGE LABOR/OVERHEAD - MAY, 201 $1,024.50 CITY GARAGE VEH PARTS PURCH - APRIL, $1,011.13 CLEAN UNIFORM COMPANY UNIFORM SERVICE $189.67 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2018 $692.06 E Claims List - 5/15/2018 Fund Vendor Name Payable Description Payment Amount 61 OPWA JPMORGAN CHASE BANK ADVANCE AUTO- GREASE $5.97 JPMORGAN CHASE BANK ENV RESOURCE- REAGENTS $944.64 JPMORGAN CHASE BANK ENV RESOURCE- SUPPLIES $100.14 JPMORGAN CHASE BANK GRAINGER- GLOVES $92.60 JPMORGAN CHASE BANK GRAINGER- SUPPLIES $68.75 JPMORGAN CHASE BANK GREEN COUNTRY - TESTING $50.00 JPMORGAN CHASE BANK HACH CO- SUPPLIES $235.77 JPMORGAN CHASE BANK HOME DEPOT - LIGHTS $109.94 JPMORGAN CHASE BANK LOWES- EQUIPMENT $557.96 JPMORGAN CHASE BANK LOWES- EXTINGUISHER $49.97 JPMORGAN CHASE BANK LOWES- LADDER $161.15 JPMORGAN CHASE BANK LOWES- LIGHTS $39.98 JPMORGAN CHASE BANK LOWES- MATERIALS $887.82 JPMORGAN CHASE BANK LOWES -PAINT $100.70 JPMORGAN CHASE BANK LOWES-SUPPLIESITOOLS $8972 JPMORGAN CHASE BANK LOWES - WRENCH $16.96 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES $9.89 JPMORGAN CHASE BANK REXEL -PARTS $249.30 JPMORGAN CHASE BANK SAFETY KLEEN - DISPOSAL $1,923.03 JPMORGAN CHASE BANK SAMS - SUPPLIES $8,84 JPMORGAN CHASE BANK WALMART -WATER $15.84 JPMORGAN CHASE BANK WASTE MGMT - SLUDGE REM $8,180.96 VERIZON WIRELESS WIRELESS CONNECTION $80.02 WASTEWATER TREATMENT -Total $16,972.98 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES -APRI $88.86 CITY GARAGE LABOR /OVERHEAD - MAY, 201 $1,720.17 CITY GARAGE VEH PARTS PURCH - APRIL, $1,562.71 CITY OF TULSA UTILITIES WATER $216,997.89 CLEAN UNIFORM COMPANY UNIFORM SERVICE $112.53 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2018 $1,297.12 JPMORGAN CHASE BANK CORE &MAIN -PUMP $400.00 JPMORGAN CHASE BANK DIAMONDBACK AUTO -LATC $26.50 JPMORGAN CHASE BANK LOWES -PINS $95.85 JPMORGAN CHASE BANK. LOWES -WOOD $35.92 JPMORGAN CHASE BANK UTILITY SUPPLY- SUPPLI $1,833.55 TULSA ASPHALT, LLC ASPHALT $358.80 TWIN CITIES READY MIX, INC CONCRETE $768.00 VERDIGRIS VALLEY ELECTRIC COOP WATER CONTROL ELECTRI $30.60 WATER -Total $225,328.50 OPWA -Total $301,999.72 OPWA Grand Total $301,999.72 3 REAL Peopla •PEAL Character •REAL Communiry TO: Honorable Mayor and City Council City of Owasso The Honorable Chair and Trustees Owasso Public Works Authority FROM: Linda Jones, Finance Director SUBJECT: Authorization of Sales Tax Revenue Note, Series 2018 DATE: May 11, 2018 BACKGROUND: In October of 2003, Owasso citizens voted to approve changes to the third -penny sales tax ordinance. According to Ordinance 763, the purpose of the third -penny sales tax is "to provide revenues to finance or fund capital projects and related costs, to include debt service on obligations issued to finance said capital projects." The ordinance includes the requirement that "said capital projects" are to be "review by the Capital Improvements Committee, approved by the City Council by resolution, with oversight given by the Citizens' Watchdog Committee established by the City Council." On September 5, 2017, Council approved Resolution 2017 -15 which identified approximately $98 million in capital improvement projects, of which, $78 million require third -penny sales tax funding. Currently, approximately $42 million remains to be funded from future years' collections. The third -penny sales tax generates approximately $8 million per year, of which, approximately $3 million is currently committed annually for existing debt service. On April 17, 2018, the Owasso Public Works Authority (OPWA) approved Resolution 2018 -04 authorizing execution of professional services agreements for financial advisor and bond counsel services related to the issuance of $9.8 million in bank - qualified debt to be repaid over a 10 -year period for the purposes of funding third -penny capital projects. SALES TAX REVENUE NOTE, SERIES 2018: The proposed $9.8 million Series 2018 Sales Tax Revenue Note would include approximately $3 million for the Police Headquarters Renovation Project and $6.8 million for street projects. The Note would be repaid from the third -penny sales tax over a ten -year period. OPWA Resolution 2018 -05 authorizes the issuance of a bank - qualified $9,800,000 Sales Tax Revenue Note, Series 2018. As a public trust of the City, the OPWA cannot incur debt without the approval of the City Council. City Resolution 2018 -06 authorizes the OPWA to issue its Sales Tax Revenue Note, Series 2018. Both resolutions approve waiver of competitive bidding and authorizes the note to be sold on a negotiated basis. Both resolutions also ratify and confirm existing agreements between the City and the OPWA, provides various other requirements of the financing, and authorizes the execution of all documents related to the transaction including a pledge of certain sales tax revenues and designation of the note as a qualified tax - exempt obligation. CITY COUNCIL RECOMMENDATION: Staff recommends approval of Resolution 2018 -06, authorizing the issuance of debt in the aggregate principal amount of $9,800,000 by the Owasso Public Works Authority. Staff further recommends amendment of the Capital Improvements Fund budget to increase appropriations for both revenues and expenditures by $9,800,000. OPWA RECOMMENDATION: Staff recommends approval of Resolution 2018 -05, authorizing the issuance of a Series 2018 Sales Tax Revenue Note in the aggregate principal amount of $9,800,000. Staff further recommends amendment of the Owasso Public Works Authority budget to increase appropriations for both revenues and expenditures by $9,800,000. ATTACHMENTS: City Council Resolution 2018 -06 OPWA Resolution 2018 -05 CITY OF OWASSO, OKLAHOMA RESOLUTION 2018 -06 A RESOLUTION APPROVING THE INCURRENCE OF INDEBTEDNESS BY THE OWASSO PUBLIC WORKS AUTHORITY (THE "AUTHORITY ") ISSUING ITS SALES TAX REVENUE NOTE, SERIES 2018 (THE "NOTE "); PROVIDING THAT THE ORGANIZATIONAL DOCUMENT CREATING THE AUTHORITY IS SUBJECT TO THE PROVISIONS OF THE NOTE INDENTURE, AUTHORIZING THE ISSUANCE OF SAID NOTE; WAIVING COMPETITIVE BIDDING WITH RESPECT TO THE SALE OF SAID NOTE AND APPROVING THE PROCEEDINGS OF THL AUTHORITY PERTAINING TO THE SALE OF SAID NOTE; RATIFYING AND CONFIRMING A SALES TAX AGREEMENT BY AND BETWEEN THE CITY. OF OWASSO, OKLAHOMA (THE "CITY ") AND THE AUTHORITY PERTAINING TITHE YEAR -TO- YEAR PLEDGE OF CERTAIN SALES TAX REVENUES; ESTABLISHING: THE CITY'S REASONABLE EXPECTATION WITH RESPECT TO THE-ISSUANCE OF TAX - EXEMPT OBLIGATIONS BY OR ON BEHALF OF SAID CITY]MfALENDAR YEAR 2018;`AND DESIGNATING THE NOTE AS A QUALIFIED JTA - EXEMPT OBLIGATION; , BLIGATION; AND CONTAINING OTHER PROVISIONS RELATING THERETO. NOW, THEREFORE, BE IT RESOLVED BY THE OKLAHOMA: SECTION 1. INDEBTEDNESS AtJTF "Authority ") is hereby authorized to Ine_ Revenue Note, Series 2018 in the am conditions of a Note Indenture d< supplemented and amended;aand as 2018 Supplemental Note Indenture, all successor Trustee to RCB Bank>�(collec Note shall never constitute o deht nf the OF THE CITY OF OWASSO, D. The Owasso Public Works Authority (the ihdebtednes "s by the issuance of its Sales Tax of$98Q0,000, according to the terms and as of "December 1, 2004, as previously °r supplemented and amended by a Series ind between the Authority and BancFirst, as the "Note Indenture "), provided that said of Owasso, Oklahoma (the "City "). xwl�ry L VKhf1NILAIIVNAL JUQXMLNI JUBJLCI TO NOTE INDENTURE. The organizational document creating the Authority, is hereby made subject to the terms of the Note'lndenture authorizirjg''the issuance and securing the payment of the Note as more,fu III' described in Section 1 hereof. The waiving of competitive bidding for the sale of the Note and the sale of said Note by the Authority to at a price of par, is hereby approved. SECTION 4. SALES TAX AGREEMENT. The Sales Tax Agreement dated as of December 1, 2004, between the City and the Authority (the "Sales Tax Agreement "), which Sales Tax Agreement pertains to a year -to -year pledge of certain sales fax revenue as security for the Note, is hereby ratified and confirmed. SECTION 5. CITY'S EXPECTATIONS. The City anticipates that the total amount of tax - exempt obligations (other than private activity bonds and certain qualified refunding bonds) issued by the Authority or other issuers on behalf of said City, will not exceed $10,000,000 for calendar year 2018, 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 6. AUTHORIZING EXECUTION. The Mayor or Vice Mayor and City Clerk or Deputy City Clerk of the City representing the City at the closing of the above - referenced note issue are 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. (SEAL) ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO Julie Lombardi, City PASSED AND APPROVED THIS 15TH, DAY OF MAY. 2018. CITY OF 2 OWASSO PUBLIC WORKS AUTHORITY RESOLUTION 2018 -05 A RESOLUTION AUTHORIZING THE OWASSO PUBLIC WORKS AUTHORITY (THE "AUTHORITY ") TO ISSUE ITS SALES TAX REVENUE NOTE, SERIES 2018 (THE "NOTE ") IN THE AGGREGATE PRINCIPAL AMOUNT OF $9,800,000; WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE NOTE TO BE SOLD ON A NEGOTIATED BASIS; RATIFYING AND CONFIRMING A SALES TAX AGREEMENT BY AND BETWEEN THE CITY AND THE AUTHORITY PERTAINING TO A YEAR -TO- YEAR PLEDGE OF CERTAIN SALES TAX REVENUE; APPROVING AND AUTHORIZING EXECUTION OF A SUPPLEMENTAL NOTE , `'INDENTURE AUTHORIZING THE ISSUANCE AND SECURING THE PAYMENT OF THE NOTE; PROVIDING THAT THE ORGANIZATIONAL DOCUMENT `CREATING THE AUTHORITY IS SUBJECT TO THE PROVISIONS OF nTHE NOTE :,INDENTURE; AUTHORIZING AND DIRECTING THE EXECUTION ,OF THE�,NOTE AND OTTER DOCUMENTS RELATING TO THE TRANSAC"ff ; ESTABLISHING THE AUTHORITY'S REASONABLE EXPECTATION WITH - RESPECT TO THE ISSUANCE OF TAX - EXEMPT OBLIGATIONS BY THE AUTHORITY IN C'A'LENDAR YEAR 2018, AND DESIGNATING THE NOTE AS A QUALIFIED 'TAX - EXEMPT OBLIGATION; AND CONTAINING OTHER PROVISIONS RELATING THERETO. NOW, THEREFORE, BE IT AUTHORITY: SECTION 1. INDEBTED Authority ") is authorized to it Note, Series 2018 for and oh aggregate principal amount certain capital improvemen Police Department'` fieadqu Garnett Street Wide nina Proi per a THE TRUSTEES >QF,, HE OWASSO PUBLIC WORKS AUIHORILED The = Owasso Public Works Authority (the an indebtedness by the issuance of its Sales Tax Revenue alf of the: City of Owasso, Oklahoma (the "City "), in the ,9,800,000 00 (the "Note ") for the purpose of (i) financing enefiting. the City, including renovation of the Owasso 's.,,building, the 76'h Street Widening Project, and the all along with related costs; and (ii) paying certain costs e Note. The Note shall bear interest at the rate of _% Tents on the Note shall be paid as set forth on Exhibit "A" SECTION 2. COMPETITIVE BIDDING WAIVED. Competitive bidding on the sale of said Note is-, aived,,ahb the Note is authorized to be sold to at a price of par. SECTIOW:3. SALES TAX AGREEMENT. The Sales Tax Agreement dated as of December 1, 2004, between the City and the Authority (the "Sales Tax Agreement "), which Sales Tax Agreement pertains to a year -to -year pledge of certain sales tax revenue as security for the Note, is hereby ratified and confirmed. SECTION 4. SUPPLEMENTAL NOTE INDENTURE. The Series 2018 Supplemental Note Indenture by and between the Authority and BancFirst, as Trustee, as said Series 2018 Supplemental Note Indenture supplements and amends a Note Indenture dated as of December 1, 2004, as previously supplemented and amended, each by and between the Authority and the Trustee, as successor trustee bank to RCB Bank (collectively, the "Note Indenture "), authorizing the issuance of and securing the payment of the Note approved in Section 1 hereof, is hereby approved and the Chair or Vice Chair and Secretary or Assistant Secretary of the Authority are authorized and directed to execute and deliver same for and on behalf of the Authority. SECTION 5. ORGANIZATIONAL DOCUMENT SUBJECT TO THE NOTE INDENTURE. The organizational document creating the Authority is subject to the provisions of the Note Indenture referenced in Section 4 hereof. SECTION 6. CERTIFICATE OF DESIGNATION. The Authority anticipates that the total amount of tax- exempt obligations (other than private activity,, bond s) issued by the Authority or other issuers on behalf of the City, will not exceed $10;000,000 for calendar year 2018, and 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;fhe Chair or Vice'Chair of the Authority to execute and deliver on behalf of the Authority a Certificate, of>Designation to that effect. SECTION 7. EXECUTION OF NECESSARY DOCUI Secretary or Assistant Secretary of the Authority are-" behalf of the Authority to execute and deliver the receipt of the purchase price and,a necessary documentation and closih- approve the disbursement of the `proc+ approve and make any changes to ti on behalf of the Authority the ex( conclusive as to the approval'rofany < execute, record instruments, inclL consummate the (SE/ ATTEST: I ilrow The Chair or Vice -Chair and authorized and directed on upon ind directed to execute all elivery papers required by Bond Counsel; fi'e Ngte including any costs of issuance; to merits "approved by this Resolution, for and and delivery of such documents being contained therein by the Authority; and to :essary financing statements and security the documents approved hereby, and to hereby. PASSED AND APPROVED THIS 15TH DAY OF MAY, 2018. Juliann M. Stevens, Authority Secretary THE OWASSO PUBLIC WORKS AUTHORITY Chris Kelley, Chair 2 MMMIMM [Principal Payment Schedule] Date Principal Amount June 1, 2019 ;Cember 1, 2019 June 1, 2020 :Cember 1, 2020 June 1, 2021 4 Decen ber- 1, 202-1 4 June 1, 2022 -4 December 1, 2022 June 1, 2023 December 1, 2023 51 June 1, 2024 41 December 1, 2024 ",5 June becerrib June- 1,2( 2629 ®P.12.,KAC51, HE A2 faxnusan #• TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Roger Stevens Public Works Director SUBJECT: Coffee Creek Lift Station and Force Main Improvements Land Purchase DATE: May 11, 2018 BACKGROUND: The Coffee Creek lift station and force main were constructed just south of E 106 St N on the west side of N 145 E Ave in 2002. Per the October 2016 Wastewater Master Plan, the lift station pumps, wet well, and generator, as well as the 8" force main are in need of replacement and upgrade by 2020. The lift station is currently operating at approximately 90% of its rated capacity and provides service to the Lake Valley and Coffee Creek subdivisions, and several commercial developments along the east side of Highway 169. Additional development in this area is anticipated to occur over the next 5 to 15 years, at which time, the projected sanitary sewer flow will exceed the capacity of the lift station and force main. In November 2017, Public Works began discussions with Kellogg Engineering concerning the needed improvements to the lift station and force main in order to accommodate current and future sanitary sewer flows within the basin. The estimated cost of improvements is $3.9 million. Due to inadequate space and wet lands adjacent to the existing site (see Attachment), one option would be to relocate a new lift station on the east side of N 145 Ave. An estimated potential savings of $251,725 could be realized compared to the cost of improvements at the current location. PROPOSED LAND PURCHASE: With the potential cost savings in mind, Terra Acquisition was hired to assist with contacting the property owner and discussing the possibility of purchasing the land. In February 2018, the property owner agreed to an amount of $125,000, and sharing fifty - percent, or $4,500, of the closing cost fees, for a total amount of $129,500. FUNDING: Funding is not included in FY 2017 -2018 OPWA budget for the purchase of land. Therefore, a supplemental appropriation would be necessary in order to fund the purchase. It is also important to mention, the land purchase would be included as part of the assessment fee once construction is complete. RECOMMENDATION: Staff recommends approval of a budget amendment increasing the appropriation for expenditures by $129,500; approval of a land purchase agreement between the OPWA and Warren Smith, Julie Smith, Scott Golightly, and Holly Golightly; authorization for the Authority Manager to execute the agreement; and authorization for payment to Commercial Title and Escrow Services, Inc. ATTACHMENTS: Location Map Agreement Coffee Creek Lift Station - Proposed Site -F 1" =188 ft Land Acquisition 03/01/2018 This map may represents a visual display of related geographic Information. Data provided here on is not guarantee of acutual field conditions. To be sure of complete accuracy, please contact the responsible staff for most up-to-date information, This is a legally binding contract; if not understood seek advice from an attorney CONTRACT FOR SALE OF REAL ESTATE THIS CONTRACT is entered into by and between Warren Stanley III & Idie Smith, Husband & Wife and Scott M. & Holly Golightly, Husband & Wife ( "Seller ") and the City P99wasse, an Oklahoma municipal corporation ('Buyer "). Upon approval by both Seller and Buyer, as evidenced by their signatures hereto, a valid and binding contract of sale, which includes any attachments or documents incorporated by reference, shall exist. The Effective Date of which shall be the latest date for approval by all parties as indicated below, and the terms and conditions of which are as follows: Seller agrees to sell and convey to Buyer by General Warranty Deed and Buyer agrees to accept such deed and purchase the Property on the following terms and conditions: 1. PROPERTY. The Property consist of the following described real estate located in the City of Owasso, Rogers County, Oklahoma; SEE ATTACHED LEGAL DESCRIPTION Together with all fixtures slid improvements, and all appurtenances, subject to existing zoning ordinances, plat or deed restrictions, utility easements serving the Property including all mineral and water rights owned by Seller unless expressly reserved by Seller in the Contract and excluding mineral rights previously reserved or conveyed of record (collectively referred to as "the property'). Buyer shall not rely on any quoted square footage and/or acreage and shall have the right to measure the Property. 2. PURCHASE PRICE AND EARNEST MONEY. The total purchase price is $125.000.00. payable as follows: $1 000 on execution of this Contract, as earnest money and part payment of the Purchase price (tire "Earnest Money "), which has been delivered to the Broker identified below and evidenced by signature under Broker's Receipt. The Earnest Money shall be deposited with Commercial Title & Escrow Services, Inc. C Escrow Agent") in an escrow account within three days from the Effective Date of the Contract, and the balance of the purchase price shall be paid in cash, cashier's or certified check or wire (electronic) transfer of funds upon delivery of the deed (the "Closing "). Buyer and Seller agree that any expenses incurred on their behalf shall be paid by the party incurring such expenses and shall not be paid from earnest money. In the event a dispute arises prior to the release of earnest money held in escrow, the escrow holder shall retain said earnest money until one of the following occur: a) A written release is executed by Buyer and Seller agreeing to its disbursement; b) Agreement of disbursement is reached through Mediation; c) Interpleader or legal action is filed, at which time the earnest money shall be deposited with the Court Clerk; or d) The passage of thirty (30) days from the date of final termination of the Contract has occurred and options a), b) or c) above bas not been exercised. e) Broker escrow holder, at Broker's discretion, may disburse earnest money. Such disbursement may be made only after fifteen (15) days written notice to Buyer and Seller at their last known address stating the escrow holder's proposed disbursement. 3. ACCEPTANCE OF PROPERTY Buyer, by Closing or taking possession of the Property, shall be deemed to have accepted the Property in its then condition, including fixtures and equipment. No representations, warranties or guaranties, express or implied, by Seller, Seller's representatives and agents, Brokers or their sales associates with reference to the Property including condition, age and size of improvements, land area and any fixtures or equipment shall be deemed to survive the Closing. OtdU /S,,SO l°Gial /c. GvairG S 3.1 DUE DILIGENCElFEASTRILITY PERIOD/I'ERIANATION: Within Thirty (30) days from the Effective Date (the "Due DiligenceXeasibility Period "), Buyer, its representatives, mid employees shall have the right to enter upon the Property for the purpose of making such inspections as Buyer may deem appropriate at Buyer's sole risk, cost and expense. All such entries upon the Property shall be at reasonable times during normal business hours and after at least forty -eight (48) hours prior notice to Seller or Sellers Broker. Seller or Seller's representative . shall have the right to accompany Buyer during any activities performed by Buyer on the Property. The Seller or Seller's representative shall cooperate fully with required inspections. If any inspection or test disturbs the Property, Buyer will restore the Property to the same condition as existed prior to the inspection or test. Buyer shall defend, indemnify and hold Seller, Seller's tenants, representatives, and employees and the Property harmless from and against any and all losses, costs, damages, claims, or liabilities, including but not limited to, mechanic's and materialmen's liens and Seller's attorney fees, arising out of or in connection with Buyer's inspection of the Property. In the event Buyer determines, in Buyer's sole discretion, before the expiration of the Due Diligence/Feasibility Period that the Property is unacceptable for Buyer's purposes, Buyer shall have the right to terminate this Contract by giving to Seller written notice of termination before the expiration of the Due Diligence/Feasibility Period. Upon notification by Buyer, both Buyer and Seller hereby agree that this Contract shall be terminated and of no further force or effect and the Seller shall immediately release and instruct the Escrow Agent to refund the Earnest Money to Buyer, less any Buyer's costs incurred, pursuant to this Contract, and neither party shall have any further rights or liabilities hereunder, except for those provisions which survive the termination of this Contract. 4. TITLE INSURANCE AND SURVEY. A. Seller within fourteen (14) days after the Effective Date of this Contract shall furnish to Buyer an Abstract of Title. Buyer, at Buyers expense may update the Abstract for purposes of a Commitment for the title insurance from a title insurance company acceptable to Buyer (the "Title Commitment "). The Title Commitment covering the Property shall be addressed to the Buyer and bind the title company to Issue to Buyer, at Closing, an ALTA standard form Owner's Policy of Title Insurance (the "Title Policy ") in the amount of the Purchase Price. The Title Commitment shall set forth the status of the title to the Property, showing and having attached copies of all liens, 'claims, encumbrances, easements, rights -of- way, encroachments, reservations, restrictions and any other matters affecting the Property. B. Buyer, at Buyer's expense, shall furnish a survey of the Property, prepared by a licensed surveyor, dated or undated no more than six (6) months prior to the Effective Date of this Contract (the "Survey "). The Survey shall show: L The boundary lines, dimensions and area of the land indicated thereon; 2. The location of all fences, building, driveways, monuments and other improvements located within the boundary lines; 3. The location of all setback lines; C The location of all easements, alleys, streets, roads, rights -of -way and other matters of record affecting such land, together with the instrument, book and page number indicated; 5. If the Property is Unplatted, a metes and bounds description of the Property; 6. The scale, the North direction, the beginning point, distance to the nearest intersecting street and point of reference from which the Property is measured; and 7. If the Property is located in (iJ) a floodway; (ii) a 100 -year flood plain; (iii) a "flood prone area', as defined by the United States Department of housing and Urban Development, pursuant to the U.S. Flood Disaster Protection Act of 1973, as amended, or (iv) an area classified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, reflected by flood Insurance Rate Map covering the floodway, 100 -year flood plain, flood prone area or flood hazard area. Such Survey shall be in a form sufficient to permit the title company issuing the Title Policy to remove printed survey exception from the policy. C. The legal description of the Property contained in the Survey, if different from the description contained in this Contract, once approved by Buyer and Seller, shall be substituted for the description of the Property and the Contract shall be deemed amended by the substitution of the legal description of the Property contained in the Survey without the necessity of the parties executing any further amendment to the Contract. D. Buyer shall have twenty (20) days from the receipt of both the Commitment for Title Insurance and the survey referred to above to examine the same and specify to Seller, in writing, those matters which Buyer finds objectionable. No matter in the Title Commitment shall be construed as a valid objection to Title under this Contract unless it is so construed under the "Oklahoma title Examination Standards" of the Oklahoma Bar Association, where applicable. In case of valid objections to the title in the Title Commitment, Seller shall have twenty (20) days, or such additional time as may be agreed to in writing by Seller and Buyer, to make reasonable efforts to cure or remove such objections. If, after receipt of the Title Commitment Buyer does not notify Seller of any objections within the twenty (20) days, then all of the items reflected in the Title Commitment and Survey shall be considered acceptable to Buyer. If such valid objections., cannot be satisfied within the time stipulated in this paragraph, the Earnest money shall be returned to the Buyer, Buyer shall return the abstract to Seller and this Contract shall be of no further force and effect. E. On or before the date of closing of this transaction, as provided in the Contract, Buyer shall have the Title Commitment, fully marked and initialed by the title company issuing the Owner's Title Policy, marked Title Commitment, shall reflect the exceptions and provisions to be contained in the Owner's Title Policy upon issuance thereof. The Title Commitment shall commit to issue to Buyer an owner's policy of title insurance covering all of the Properly, in the sum of the Purchase Price and written on an American Land Title Association(ALTA) Owner's Policy form, or its equivalent, and, except for the objections Buyer has agreed to waive, showing only the standard printed exceptions and exclusions contained in the said ALTA form of Owner's Title Policy. The premium charged by the Title Company and cost closing abstracting expense of providing such Title Policy shall be borne by Buyer. F. The Title Commitment shall permit deletion of the Survey exceptions, at Buyer's sole cost and expense, Additional extended coverage, including waiver of the standard exceptions and an ALTA standard zoning endorsement, which reflects the zoning classification of the Property, shall also be provided by Seller, at Buyer's request, and costs for such extended coverage in excess of the base policy premium shall be reimbursed to Seller by Buyer at Closing. G. Seller shall make reasonable efforts at Seller's sole cost and expense, to cure or remove objections identified in the Survey. If Seller fails to cause all of the objections to be removed or cured prior to the Closing Date, or if Seller notifies Buyer of Seller's decision not to cure or remove some or all of the objections, Buyer's sole remedy shall be to: 1. Terminate the Contract by giving Seller written notice thereof, which notice must be given within five (5) days after Seller notifies Buyer of Seller's decision not to cure or remove the objections, in which event the Eamest Money, together with all interest earned thereon, shall be returned to Buyer and neither party shall have any further rights, duties or obligations hereunder or; 2. Elect to purchase the Property subject to Buyer's objections, not so removed or cured; in which event the objections not removed or cured shall be deemed acceptable to Buyer. IL Notwithstanding anything to the contrary contained in the Contract, in the event the transaction contemplated by this Contract does not close for any reason Buyer shall be responsible for the payment of the cost of the survey. Upon closing, any existing Abstract(s) of Title, owned by Seller, shall become the property of Buyer. 5. RISK OF LOSS. Until Closing or transfer of possession, risk of loss to the Property, ordinary wear and tear excepted, shall be upon Seller, after Closing or transfer of possession, whichever comes first such risk shall be upon Buyer 6. NON - FOREIGN SELLER. Seller represents and warrants that at the time of acceptance hereof and at Closing Seller is not a "foreign person" as such term is defined in Section 1445(1) of the Internal Revenue Code of 1954. At the Closing, and as a condition thereto, Seller shall furnish to Buyer an affidavit, in form and substance acceptable to Buyer, signed under penalty of perjury and containing Seller's United States Social Security and/or taxpayer identification numbers, to the effect that Seller is not a foreign person within the meaning of Sectionl445(1) of the Internal Revenue Code. 7. TAXES AND PRORATIONS. The Seller shall pay in full (i) all special assessments against the Property upon the date of Closing whether or not payable in installments(ii) all taxes, other than general ad valorem taxes for the current calendar year, which are a lien on the Property upon the date of Closing, including the cost of documentary stamps to be attached to the Deed; and (iii) the cost of any item of workmanship or material furnished on or prior to the date of Closing which is or may become a lien on the Property, Unless otherwise specified in Paragraph 13, the following items shall be prorated between the Seller and the Buyer as of the date of Closing. (i) rents, if any; and (ii) general ad valorem taxes for the current calendar year, provided that, if the amount of such taxes has not been fixed the proration shall be based upon the rate of levy for the previous calendar year 8. CLOSING. Subject to the provisions of Paragraph 3 and subject to the fulfillment of any conditions to the Closing specified in Paragraph 11; the Closing shall be held on or before-May Y 2018 (the "Closing Date "). If there are valid objections to title that require correction, the Closing Date shall be extended for the time permitted under Paragraph 6. At or prior to the Closing the Seller shall deliver to the Escrow Agent a duly executed and acknowledged warranty deed conveying the Property, a Non Foreign Affidavit, a Bill of Sale for any personal property, and such other documents as are reasonably necessary to convey the Property and rights therein for delivery to the Buyer upon payment of the purchase price. Possession shall be transferred upon conclusion of Closing process unless otherwise provided in writing. The Buyer shall pay any Escrow or Closing fees charged. 9. BREACH OR FAILURE TO CLOSE. If after the Seller has performed Seller's obligations under this Contract and, if within five (5) days after the date specified above for Closing, the Buyer fails to make payments or to perform any other obligation of the Buyer under this Contract, then the Seller may, at Seller's option, cancel and terminate this Contract and retain all sums paid by the Buyer, but not to exceed five percent (5 0/6) of the purchase price, as liquidated damages or pursue any other legal or equitable remedy. If after the Buyer has performed Buyer's obligations under this Contract and, if within five (5) days after the date specified above for Closing all of the obligations of Buyer and Seller fails to perform any of Seller's obligations, then Buyer may, at Buyer's option cancel and terminate this Contract, return the abstract to Seller and receive a refund of the Earnest Money, or pursue any other legal or equitable remedy. In the event of any court action or proceeding to enforce any provision hereof, the prevailing party shall be entitled to receive from the other party all reasonable costs of the action, including attorneys' fees. 10, EFFECT. This Contract shall be executed by both Seller and Buyer and shall be binding upon and inure to the benefit of Seller and Buyer, their heirs, legal representatives, successors and assigns. This Contract sets forth the complete understanding of Seller and Buyer and supersedes all previous negotiations, representations and agreements between Buyer, Seller and their Brokers. This Contract can only be amended or modified by a written agreement signed by Seller and Buyer. 11. SPECIAL CONDITIONS a. This Contract is subject to final approval by the City Council for the City of Owasso. b. Regardless of any specific paragraphs, the total cost of closing shall be split equally between Buyer and Seller. It is anticipated to be approximately $4,500.00 each. 12. TAX DEFERRED EXCHANGE 1031. In conformance with Section 1031 of the Internal Revenue Code, it may be the intention of the Seller or Buyer or both to affect a tax - deferred exchange. Either the Seller or buyer or both may assign Iris /her rights in this Contract to a qualified 'intermediary for the purpose of effecting a tax - deferred exchange. The parties agree to cooperate and execute the necessary documents to allow either or both parties to affect such exchange at no additional cost or liability to the other party. However, any warranties that may be expressed in this Contract shall remain and be enforceable between the parties executing this document. 13. DISCLOSURE TO SELLER AND BUYER OF BROKERAGE DUTIES, RESPONSIBILITIES AND SERVICES: The Buyer and Seller hereby acknowledge that First Commercial Real Estate Services Corporation is representing the Buyer in this transaction and has fully disclosed their brokerage duties, responsibilities and the services being offered. 13.1 FULL BROKERAGE SERVICES PROVIDED: All brokers identified are providing full brokerage services to the party they represent. 13.2 SELLER ACKNOWLEDGEMENT AND CONFU MATION: By their signature hereto, the Seller acknowledge and confirm that First Commercial Real Estate Services Corporation has described and disclosed their duties and responsibilities to the Seller prior to the execution of this contract and has provided an Estimate of Costs associated with this transaction. Seller acknowledges that this is a "Good Faith" estimate only and is based on the offer terms represented herein. Buyer further acknowledges that this estimate may change throughout the term of this transaction based on possible credits, financing and /or renegotiation ofterms and conditions. 13.3 CONFIRMATION OF DISCLOSURE OF DUTIES AND RESPONSIBILITES: A Broker who provides Brokerage Services to one or both parties shall describe and disclose in writing the Broker's duties and responsibilities prior to the party or parties signing a contract to sell, purchase, option, or exchange real estate. A Broker shall have the following duties and responsibilities which are mandatory and may not be abrogated or waived by a Broker, whether working with one party, or working with both parties: a) treat all parties to the transaction with honesty and exercise reasonable skill and care; b) unless specifically waived in writing by a party to the transaction: 1) receive all written offer and counteroffers; 2) reduce offers or counteroffers to a written form upon request of any party to a transaction; and 3) present timely all written offers and counteroffers. C) inform, in writing, the party for whom the Broker is providing Brokerage Services when an offer is made that the party will be expected to pay certain closing costs, Brokerage Services costs and the approximate amount of the costs; d) keep the party for whom the Broker is providing Brokerage Services informed regarding the transaction; e) timely account for all money and property received by the Broker; flkeep confidential information received from a party or prospective party confidential. The confidential information shall not be disclosed by a Broker without the consent of the party disclosing the information unless consent to the disclosure is granted in writing by the party or prospective party disclosing the information, the disclosure is required by law, or the information is made public or becomes as the result of actions from a source other than the Broker. The following information shall be considered confidential and shall be the only information considered confidential in a transaction. 1 that a party or prospective party is willing to pay more or accept less than what is being offered, 2) that a party or prospective party is willing to agree to financing terms that are different from those offered, 3) the motivating factors of the party or prospective party purchasing, selling, optioning, or exchange the property and, 4) information specifically designated as confidential by a party unless such information is public. g) disclose information pertaining to the Property as required by Residential Property Condition Disclosure Act; h) comply with all requirements of the Oklahoma Real Estate Code and all applicable statutes and rules; 1� when working with one party or both parties to a transaction, the duties and responsibilities set forth in this section shall remain in place for both parties. 13.4 CONFIRMATION OF DISCLOSURE OF DUTIES AND RESPONSIBILITIES: The duties and responsibilities disclosed by the Broker shall be confirmed in writing by each the party in a separate provision, incorporated in or attached to the contract to purchase, option or exchange real estate. 14. SALES COMMISSION: At CIosing, the title company is directed to pay to First Commercial Real Estate Services Corporation, as compensation 5% of the gross sales price; however, the sales commission shall be due and payable only if the transaction contemplated hereby is fully consummated. 15. BINDING EFFECT AND ENFORCEABILITY OF CONTRACT. Before this Contract shall be binding and can be enforced by either party, the following acts of execution and deliveries shall be completed: Execution and Delivery of Contract Documents, Counterparts. The parties agree that the contract between them shall be evidenced by either a single executed Contract upon which each of the parties shall place their signatures or by each of them placing their signatures on separate complete (carbon, photo electronic or fax) copies ("counterpart") of the Contract documents. The Contract shall be binding only upon the delivery to each party, or their Broker (if authorized) of either (i) a Contract containing the original signature of both parties or (ii) a counterpart containing either the original or a copy of signature of the other party. The parties agree that as to all aspects of this transaction involving documents and electronic signature shall have the same force and effect as an original signature pursuant to the provisions of the Uniform Electronic Transactions Act, 12A, Oklahoma Statutes, Section 15,101 et seq. All prior verbal or written negotiations, representations and agreements are superseded by the Contract, which may only be modified or assigned by a further written agreement of Buyer and Seller. 16. NOTICE. Any notice provided for herein shall be given in writing and shall be deemed to be given on the date hand - delivered to the party; or when sent by facsimile transmission to the fax number shown below(provided the sending party obtains a confirmation receipt for such facsimile); or when delivered by national overnight courier (provided the sending party obtains a confirmation receipt for such delivery), or on the second business day following the date when deposited in the United States mail, postage prepaid, addressed to the appropriate parties at: To Escrow/Closing Agent Commercial Title and Escrow Services, Inc. c/o Pam Bewley 4739 E. 91st Street, Ste 200 Tulsa, Olc 74137 Fax No. 918.556.6347 Email address: pbewley(nleommcreialdtleolc.com Phone number: 918.556.6336 To Buyer: Warren Lehr t p„�IR S tuN-I�S �KManager, Gky_osLQwasso 200 South Main Owasso, OK 74055 Copies to Buyer's Broker First Commercial Real Estate Services, Inc. 8301 East 74th Place Tulsa, OK 74133 (918 -495 -1551) To Seller: A 'AOWafren & Julie Smith Scott & $�ly Golightly 7700 E. Old Walnut Canyon Rd Flagstaff, AZ 86004 Either party may change the address to which notices are to be sent by giving the other party notice in themanner herein set forth. APPROVED AND AGREED TO BY BUYER: .APPROVED AND AGREED TO BY SELLER: This- day of This- day of On eople • REAL Character • REAL Community TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Linda Jones, Finance Director SUBJECT: Coffee Creek Lift Station Project Resolution 2018 -06 DATE: May 11, 2018 BACKGROUND: On March 13, staff presented information during the worksession on the need to increase the capacity of the Coffee Creek Lift Station. Funding for the replacement of the Coffee Creek Lift Station will need to come from loan proceeds. In order to acquire land for the Coffee Creek Lift Station prior to securing loan proceeds, a resolution is needed declaring the intent of the Owasso Public Works Authority (OPWA) to have expenditures related to the Coffee Creek Lift Station be reimbursed with future OPWA loan proceeds. RECOMMENDATION: Staff recommends approval of Resolution 2018 -06, declaring the intent of the Owasso Public Works Authority to expend certain funds in connection with land acquisition for certain Coffee Creek Lift Station improvements with said expenditures to be reimbursed from the proceeds of debt to be incurred by the Authority; and containing other provisions relating thereto. ATTACHMENTS: OPWA Resolution 2018 -06 Memorandum dated March 9, 2018 OWASSO PUBLIC WORKS AUTHORITY OWASSO, OKLAHOMA RESOLUTION 2018 -06 A RESOLUTION DECLARING THE INTENT OF THE OWASSO PUBLIC WORKS AUTHORITY (THE "AUTHORITY ") TO EXPEND CERTAIN FUNDS IN CONNECTION WITH LAND ACQUISITION FOR COFFEE CREEK LIFT STATION IMPROVEMENTS WITH SAID EXPENDITURES TO BE REIMBURSED FROM THE PROCEEDS OF DEBT TO BE INCURRED BY THE AUTHORITY; AND CONTAINING OTHER PROVISIONS RELATING THERETO WHEREAS, The Owasso Public Works Authority (the "Authority ") is undertaking certain utility system improvements serving the City of Owasso, Oklahoma (the "City "), as more specifically set out below (the "Project "); and WHEREAS, it is the Authority's intent to eventually fund the cost of the Project through the issuance of tax - exempt debt obligations; and WHEREAS, the Authority desires to initially fund certain costs pertaining to the Project out of the Authority's cash reserves; and WHEREAS, the Authority further desires to declare its official intent to reimburse itself with the proceeds of tax - exempt debt incurred by the Authority, as required by Section 1.150 -2 of the Treasury Regulations promulgated pursuant to Sections 103 and 141 -150 of the Internal Revenue Code of 1986, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY: SECTION 1. The Project. The Project to be designed and constructed by or on behalf of the Authority shall generally include land acquisition, planning, design, engineering and implementation costs associated with the development and construction of a new Coffee Creek lift station serving the wastewater treatment system of the City. SECTION 2. Preliminary Use of Authority Funds. The Authority intends to initially fund certain capital costs relating to land acquisition in connection the Project from the Authority's funds in the estimated amount of $150,000. The Authority reasonably expects to reimburse any amounts expended with the proceeds of debt to be incurred by the Authority. The Authority anticipates issuing debt for the Project in an aggregate amount not to exceed approximately $4,000,000. SECTION 3. Official Intent. This Resolution constitutes a declaration of official intent as is required pursuant to Section 1.150 -2 of the Treasury Regulations promulgated pursuant to Sections 103 and 141 -150 of the Internal Revenue Code of 1986, as amended. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this resolution is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this resolution. PASSED AND APPROVED THIS 15TH day of May 2018. THE OWASSO PUBLIC WORKS AUTHORITY Dr. Chris Kelley, Chair ATTEST: Juliann M. Stevens, Authority Secretary (SEAL) APPROVED as to form and legality this 15th day of May, 2018. Julie Lombardi, Authority Attorney Resolution 2018 -06 Page 2 of 3 CERTIFICATE OF AUTHORITY ACTION I, the undersigned, hereby certify that I am the duly and acting Secretary of The Owasso Public Works Authority. I further certify that the Trustees of the Authority held a Regular Meeting at 6:30 o'clock p.m. on May 15, 2018, 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 Trustees 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 Trustees 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: ABSENT: MOTION MADE BY: MOTION SECONDED BY: AYE: NAY: WITNESS MY HAND THIS 15TH DAY OF MAY, 2018. THE OWASSO PUBLIC WORKS AUTHORITY (SEAL) Juliann M. Stevens, Secretary of Authority Resolution 2018 -06 Page 3 of 3 C9.14, -R," --,-, REAL COmmpnny TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Roger Stevens Public Works Director SUBJECT: Coffee Creek Lift Station and Force Main Improvements Land Purchase DATE: March 9, 2018 BACKGROUND: The Coffee Creek lift station and force main were constructed just south of E 106 St N on the west side of N 145 E Ave in 2002. Per the October 2016 Wastewater Master Plan, the lift station pumps, wet well, generator, and the 8" force main are in need of replacement and upgrades by 2020. The lift station is currently operating at approximately 90 %, of its rated capacity and provides service to the Lake Valley and Coffee Creek subdivisions, as well as several commercial developments along the east side of US HWY 169. Additional development in this area is anticipated to occur over the next 5 to 15 years, at which time, the projected sanitary sewer flow will exceed the capacity of the lift station and force main. In November 2017, Public Works began discussions with Kellogg Engineering concerning the needed improvements to the lift station and force main in order to accommodate current and future sanitary sewer flows within the basin. The estimated cost of improvements is $3.9 million. Due to inadequate space and wet lands adjacent to the existing site (see Attachment), one option would be to relocate a new lift station on the east side of N 145 Ave. The estimated potential savings would be $381,225 compared to the cost of improvements at the current location. PROPOSED LAND PURCHASE With possible cost savings in mind, Terra Acquisition was hired to assist with contacting the property owner and discussing the possibility of purchasing the land. In February 2018, the property owner (Smith Family) agreed to a purchase amount of $125,000 for 4.39 acres or 65 cents per square foot. FUNDING: Funding is not included in FY 2017 -2018 OPWA budget for the purchase of land; therefore, a supplemental appropriation would be necessary to fund the purchase. It is also important to mention, staff anticipates including the land purchase as part of the assessment fee once construction of the lift station is complete. PROPOSED ACTION: Unless Trustees express concern, staff intends to recommend approval of the land purchase agreement between the OPWA and Smith Family in the amount of $125,000 and approval of a supplemental appropriation in the OPWA fund. ATTACHMENT: Location Map Coffee Creek Lift Station - Proposed Site I" =1 88 ft Land Acquisition 03/01/2018 This map may represents a visual display m related geographic information. Data provided here on is not guarantee of acutual field conditions. To be sure of complete accuracy, please contact the responsible staff for most up- todate information. 301 OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 04128/18 Department Payroll Expenses Total Expenses 400 OPWA Administration 11,873.47 17,332.12 405 Utility Billing 6,052.00 11,319.32 420 Water 13,806.06 23,950.98 450 Wastewater 13,289.62 23,294.53 455 Wastewater Collection 10,813.74 18,194.67 480 Refuse 14,342.48 21,881.58 485 Recycle Center 1,200.00 1,836.08 FUND TOTAL 71,377.37 117,809.28 CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY FISCAL YEAR 2017 -2018 Budgetary Basis Statement of Revenues & Expenses As of April 30, 2018 OPERATING REVENUES: Water Wastewater Refuse & recycle Other Utility fees TOTAL OPERATING REVENUES OPERATING EXPENSES: OPWA administration Utility Billing Water Wastewater Refuse & Recycle Debt payments TOTAL OPERATING EXPENSES OPERATING FUND OPERATING REVENUES OVER EXPENDITURES NONOPERATING REVENUES (EXPENSES): Transfers in Transfers out Interest Other revenues /(expenses) TOTAL NONOPERATING REVENUES (EXPENSES) LONG -TERM DEBT PROCEEDS AND EXPENDITURES: Proceeds of long -term debt Expenditures of long -term debt TOTAL LONG -TERM DEBT PROCEEDS AND EXPENDITURES NET INCOME (LOSS) ENCUMBRANCES OUTSTANDING FUND BALANCE (Budgetary Basis) Beginning Balance Ending Balance $ 26,135 $ 68,499 $ (1,243,317) $ (1,233,944) 2,214,177 2,214,177 $ 1,048,732 $ 970,860 MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET $ 424,827 $ 5,102,744 $ 6,338,750 80.50% 371,475 3,769,267 4,511,120 83.56% 168,774 1,748,681 2,073,950 84.32% 19,743 213,177 263,125 81.02% $ 984,819 $ 10,833,868 $ 13,186,945 82.16% $ (61,528) $ (792,233) $ (1,138,847) 69.56% (39,841) (359,715) (483,089) 74.46% (299,840) (3,695,561) (4,542,455) 81.36% (232,608) (1,890,593) (2,706,922) 69.84% (88,050) (1,436,093) (2,151,173) 66.76% (241,448) (2,922,691) (3,406,337) 85.80% $ (963,315) $ (11,096,887) $ (14,428,8231 76.91% $ 21,504 $ (263,019) $ (1,241,878) $ - $ 292,485 $ 292,487 100.00% - - (326,201) 0.00% 3,650.9 24,508.1 20,000.0 122.54% 980 14,524 12,275 118.33% $ 4,631 $ 331,518 $ (1,439) $ 915,659 $ 4,811,651 $ 25,507,746 (915,659) (4,811,651) (25,507,746) $ 26,135 $ 68,499 $ (1,243,317) $ (1,233,944) 2,214,177 2,214,177 $ 1,048,732 $ 970,860