Loading...
HomeMy WebLinkAbout2019 15_Debt Issuance OWRB_2019.07.16CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2019-15 A RESOLUTION OF THE CITY OF OWASSO, OKLAHOMA (THE "CITY ") APPROVING ACTION TAKEN BY THE OWASSO PUBLIC WORKS AUTHORITY (THE "AUTHORITY ") AUTHORIZING ISSUANCE, SALE AND DELIVERY OF THE AUTHORITY'S SERIES 2019 PROMISSORY NOTE TO OKLAHOMA WATER RESOURCES BOARD; RATIFYING AND CONFIRMING A LEASE AGREEMENT, AUTHORIZING DOCUMENTS PERTAINING TO A YEAR -TO -YEAR PLEDGE OF CERTAIN SALES TAX REVENUE; AND CONTAINING OTHER PROVISIONS RELATED THERETO WHEREAS, The Owasso Public Works Authority (the "Authority ") did, by its Resolution adopted on July 16, 2019, authorize the issuance, sale and delivery of its Series 2019 Promissory Note to Oklahoma Water Resources Board, in order to finance the costs of certain improvements to the Authority's sanitary sewer system (the "Project "); and WHEREAS, the City Council of the City of Owasso, Oklahoma (the "City ") hereby determines that the actions taken by the Authority should be authorized and approved; and WHEREAS, the City hereby determines that such other action necessary or attendant to accomplishment of the referenced financing should be considered by the City Council of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: SECTION 1. ISSUANCE OF NOTE. That the issuance, sale and delivery of the Authority's Series 2019 Promissory Note to Oklahoma Water Resources Board in the principal amount of not to exceed $26,750,000.00 (the "2019 Note "), all as approved by said Authority on July 16, 2019, be and hereby is authorized, approved and ratified. SECTION 2. APPROVAL. That all actions heretofore taken by the Authority in connection with the issuance, sale and delivery of the 2019 Note, and all other aspects of the transaction be and are hereby authorized, approved and ratified. SECTION 3. LEASE AGREEMENT. The Lease dated July 31, 1973, as amended by an Amendment to Lease dated as of July 1, 1996, between the City and the Authority (collectively, the "Lease Agreement "), whereby the City leases its water, sanitary sewer, garbage and trash collection systems and the Bailey Ranch Golf Club to the Authority, is hereby ratified and confirmed and the term of said Lease, as amended, shall extend until the 2019 Note is paid. SECTION 4. SALES TAX PLEDGE. That the Mayor or Vice Mayor and City Clerk or Deputy City Clerk be and are hereby authorized to execute and deliver any and all documentation on behalf of the City pertaining to a year -to -year pledge of certain sales tax revenue levied by the City. SECTION 5. NECESSARY ACTION. 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 for and on behalf of the City any and all other documents or instruments reasonably necessary to accomplish the issuance, sale and delivery of the 2019 Note and all other aspects of the transaction. Resolution 2019 -15 Page 1 of 2 (SEAL) PASSED AND APPROVED THIS 16TH DAY OF July, 2019. CITY OF OWASSO, OKLAHOMA -ro,�Chris Kelley, Mayor r no,�r4, O tevens, City Clerk APPR VIED AS TO FORM: Juli ombardi, City Attomey Resolution 2019 -15 Page 2 of 2 sd REAL Rooalo • RFAL CM1araclec • RFAL Cwm�W {y TO: The Honorable Mayor and City Council The Honorable Chair and Trustees Owasso Public Works Authority FROM: Linda Jones, Finance Director APPROVED BY COUNCIL JUL 16 2019 SUBJECT: Resolutions - Oklahoma Water Resources Board (OWRB) Promissory Note, Series 2019 DATE: July 12, 2019 BACKGROUND: On Tuesday, March 19, the Owasso Public Works Authority (OPWA) Trustees approved bond council and financial advisor professional service agreements needed to file an application with the Oklahoma Water Resources Board (OWRB) for financing certain OPWA water and wastewater system improvements. OWRB SERIES 2019 PROMISSORY NOTE: The proposed Promissory Note would finance the following water and stormwater projects: • Upgrade of the Wastewater Treatment Plant • Upgrade of Coffee Creek sewer lift station • Upgrade Smith Farm gravity sewer line • Upgrade Ranch Creek sewer interceptor, 96th to 116th As a public trust of the City, the OPWA cannot incur debt without the approval of the City Council. City Resolution 2019 -15 authorizes the OPWA to issue its Promissory Note, Series 2019. The resolution also ratifies and confirms existing agreements between the City and the OPWA and provides various other requirements of the financing. OPWA Resolution 2019 -04, authorizes the issuance of Promissory Note, Series 2019 up to $26,750,000. The resolution also ratifies and confirms 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. CITY COUNCIL RECOMMENDATION: Staff recommends approval of Resolution 2019 -15, a Resolution of the City of Owasso, Oklahoma (the "City ") approving action taken by The Owasso Public Works Authority (the "Authority ") authorizing issuance, sale and delivery of the Authority's Series 2019 Promissory Note to Oklahoma Water Resources Board; ratifying and confirming a Lease Agreement; authorizing documents pertaining to a year -to -year pledge of certain sales tax revenue; and containing other provisions related thereto. OPWA RECOMMENDATION: Staff recommends OPWA Trustee approval of OPWA Resolution 2019 -04, a Resolution of The Owasso Public Works Authority (the "Borrower ") authorizing a loan from the Oklahoma Water Resources Board in the total aggregate principal amount of not to exceed $26,750,000; approving the issuance of a Series 2019 Promissory Note to Oklahoma Water Resources Board in the total aggregate principal amount of not to exceed $26,750,000, secured by a pledge of revenues and authorizing its execution; designating a Local Trustee; approving and authorizing the execution of a Trust Agreement; approving and authorizing the execution of a Loan Agreement; approving and authorizing the execution of a Security Agreement; ratifying and confirming a Lease Agreement; approving and authorizing a Note Purchase Agreement; authorizing documents pertaining to a year -to -year pledge of certain sales tax revenue; approving various covenants; approving and authorizing payment of fees and expenses; and containing other provisions relating thereto. ATTACHMENTS: City Council Resolution 2019 -15 OPWA Resolution 2019 -04