HomeMy WebLinkAbout2020.03.17_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO PUBLIC WORKS AUTHORITY (OPWA)
Council Chambers, Old Central Building
109 North Birch, Owasso, OK 74055
Regular Meeting
Tuesday, March 17, 2020 - 6:30 pm
1. Call to Order
Chair Chris Kelley
2. Roll Call
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3. 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. Approve minutes - March 3, 2020, and March 10, 2020, Regular Meetings
B. Approve claims
4. Consideration and appropriate action relating to items removed from the Consent Agenda
5. Consideration and appropriate action relating to Resolution 2020 -01, authorizing the
execution of professional services agreements pertaining to financing professionals;
authorizing the Authority's financial advisor to distribute bid packages to prospective
financial institutions in connection with the financing of capital improvements benefiffing the
City of Owasso, Oklahoma; and containing other provisions relating thereto
Linda Jones
Staff recommends approval of Resolution 2020 -01.
6. Consideration and appropriate action relating to Resolution 2020 -02, declaring the intent of
the Owasso Public Works Authority (the "Authority ") to expend certain funds in connection
with the acquisition of certain real property 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 recommends approval of Resolution 2020 -02.
7. Report from OPWA Manager
8. Report from OPWA Attorney
9. Official Notices to Authority (documents for acknowledgment or information only, no
discussion or action will be taken)
• Payroll Payment Report - pay period ending date February 29, 2020
• Monthly Budget Status Report - February 2020
10. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
OPWA
March 17, 2020
Page 2
11. Adjournment
Notice of Public Meeting filed in the office of the City Clerk on Friday, December 13, 2019, and
the Agenda posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, March 13, 2020.
J iann M. Stevens, Ci y Clerk
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
istevens§citvofowasso. com
OWASSO PUBLIC WORKS AUTHORITY (OPWA)
MINUTES OF REGULAR MEETING
Tuesday, March 3, 2020
The Owasso Public Works Authority (OPWA) met in regular session on Tuesday, March 3, 2020, in
the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma, per the Notice of
Public Meeting filed Friday, December 13, 2019; and the Agenda filed in the office of the City
Clerk and posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, February 28, 2020.
1. Call to Order
Chair Chris Kelley called the meeting to order at 7:18 pm.
2. Roll Call
Present
Vice Chair- Bill Bush
Trustee - Doug Bonebrake
Trustee - Lyndell Dunn
Trustee - Kelly Lewis
A quorum was declared present.
Staff:
Authority Manager- Warren Lehr
Absent
Chair - Chris Kelley
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 Authority 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 - February 18, 2020, Regular Meeting
B. Approve claims
Mr. Dunn moved, seconded by Ms. Lewis to approve the Consent Agenda, as
presented, with claims totaling $774,409.38.
YEA: Bonebrake, Dunn, Lewis, Bush
NAY: None
Motion carried: 4 -0
4. Consideration and appropriate action relating to items removed from the Consent Agenda
None
5. Report from OPWA Manager
None
6. Report from OPWA Attorney
None
7. Official Notices to Council (documents for acknowledgment or information only, no
discussion or action will be taken)
The Chair acknowledged receipt of the following:
• Payroll Payment Report- pay period ending date February 15, 2020
8. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
None
9. Adjournment
Ms. Lewis moved, seconded by Mr. Dunn to adjourn the meeting.
Owasso Public Works Authority
March 3, 2020
Page 2
YEA: Bonebrake, Dunn, Lewis, Bush
NAY: None
Motion carried: 4 -0 and the meeting adjourned at 7:19 pm.
Bill Bush, Vice Chair
Juliann M. Stevens, Authority Clerk
OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND
PUBLIC GOLF AUTHORITY
MINUTES OF JOINT REGULAR MEETING
Tuesday, March 10, 2020
The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority
(OPGA) met in a joint regular meeting on Tuesday, March 10, 2020, in the Council Chambers at Old
Central, 109 North Birch Street, Owasso, Oklahoma, per the Notice of Public Meeting filed Friday,
December 13, 2019; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200
South Main Street, at 6:00 pm on Friday, March 6, 2020.
1. Call to Order /Roll Call
Mayor /Chair Chris Kelley called the meeting to order at 6:00 pm.
Present Absent
Mayor /Chair - Chris Kelley None
Vice Mayor /Vice Chair- Bill Bush
Councilor /Trustee- Doug Bonebrake
Councilor /Trustee - Lyndell Dunn
Councilor /Trustee - Kelly Lewis
A quorum was declared present.
2. Discussion relating to Finance Department Items
A. Proposed professional service agreements for financial advisors and bond counsel
related to a Sales Tax Revenue Note for Capital Improvement Project funding and a
Reimbursement Resolution
B. Annual review of the five -year Utility Rate Plan
Linda Jones presented item A and introduced Jered Davidson of the Public Finance Law Group
and Ben Ogelsby of Municipal Finance Services, Incorporated, discussion was held. Linda Jones
presented item B and discussion was held. It was further explained that item A would be placed
on the March 17, 2020, City Council and OPWA agendas for consideration and action.
3. Discussion relating to Community Development Items
A. Request for Easement Closure - 1 1426 North 134th East Avenue
B. Request for Final Plat - Hawthorne at Stone Canyon Phase I, located south and
west of the East 761h Street North and North 193rd East Avenue intersection
C. Request for Final Plat - Time to Shine Car Wash, located at 11515 East 961h Street
North
D. Request for a Re -Plat - Kum and Go, located at 502 East 2nd Street
E. Application for the 2020 Community Development Block Grant (CDBG) funding
and project selection
Brian Dempster and Karl Fritschen presented items A, B, C, D, and E and discussion was held. It
was further explained that all items would be placed on the March 17, 2020, City Council
agenda for consideration and action.
4. Discussion relating to the evaluation process and employment contracts for the City Manager
and City Attorney
Michele Dempster presented the item and discussion was held.
5. Discussion relating to City Manager items
A. Monthly sales tax report
B. City Manager report
Warren Lehr introduced Linda Jones to present item A and discussion was held. Mr. Lehr
reported on upcoming city events.
Owasso City Council, OPWA & OPGA
March 10, 2020
Page 2
6. Discussion relating to the 2020 Mayor /Chair Elections Process
Mayor /Chair Chris Kelley presented the item and discussion was held.
7. City Councilor /Trustee comments and inquiries
None
8. Adjournment
The meeting adjourned at 7:21 pm.
Chris Kelley, Mayor /Chair
Juliann M. Stevens, City Clerk
Actual Claims List - 03/17/20
Fund Vendor Name
Payable Description
Payment
Amount
61 OPWA JPMORGAN CHASE BANK
DEQ- PERMIT FEE
$5,973.09
TYANN DEVELOPMENT COMPANY
ROW /EASEMENT ACQUISITION
$10,289.06
COFFEE CREEK LIFT STATION - Total
NATURAL EVOL- RECYCLE
$16,262.15
AT &T
CONSOLIDATED PHONE
$150.23
AT &T
LONG DISTANCE PHONE
$16.95
BLUE ENERGY FUELS, LLC
CNG FUEL PURCHASES - FEB,
$36.58
CITY GARAGE
LABOR/OVERHEAD - MARCH, 2
$160.58
CITY GARAGE
VEHICLE PARTS PURCH - FEB
$534.18
CITY OF OWASSO
GENERAL LIABILITY SELF -IN
$150,000.00
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - FEB, 2
$34.78
JPMORGAN CHASE BANK
ATLAS AIR LLC- SWITCH
$385.00
JPMORGAN CHASE BANK
BRAUMS- MEETING EXP
$15.52
JPMORGAN CHASE BANK
INTERSTATE - BATTERIE
$12.00
JPMORGAN CHASE BANK
INTERSTATE - BATTERIES
$54.80
JPMORGAN CHASE BANK
OFFICE DEPOT - NOTARY
$24.99
JPMORGAN CHASE BANK
OFFICE DEPOT - OFFICE S
$61.16
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
$199.96
JPMORGAN CHASE BANK
OFFICE DEPOT -TONER
$129.99
JPMORGAN CHASE BANK
OFFICE EVERY -TONER
$85.00
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$99.32
JPMORGAN CHASE BANK
TULSA BEEF - MEETING EX
$235.61
JPMORGAN CHASE BANK
WALMART- MEETING EXP
$93.95
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
$596.98
RICH & CARTMILL, INC
NOTARY BOND - JULIE GOINS
$30.00
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
$72.88
OPWA ADMINISTRATION -Total
$153,030.46
AT &T
CONSOLIDATED PHONE
$12.32
CITY GARAGE
LABORIOVERHEAD - MARCH, 2
$856.51
JPMORGAN CHASE BANK
NATURAL EVOL- RECYCLE
$666.64
NATIONAL WASTE & DISPOSAL, INC.
MONTHLY RECYCLING
$201.79
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
$35.56
YELLOWHOUSE MACHINERY CO OF OK
BACKHOE REPAIR - RECYCLE
$782.44
RECYCLE CENTER -Total
$2,555.26
AT &T
CONSOLIDATED PHONE
$12.32
BLUE ENERGY FUELS, LLC
CNG FUEL PURCHASES - FEB,
$2,983.69
CITY GARAGE
LABORIOVERHEAD - MARCH, 2
$5,215.42
CITY GARAGE
VEHICLE PARTS PURCH - FEB
$3,628.87
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - FEB, 2
$1,650.57
JPMORGAN CHASE BANK
COVANTA- REFUSE TIPPIN
$11,371.59
JPMORGAN CHASE BANK
OFFICE EVERY -TONER
$64.00
JPMORGAN CHASE BANK
SOLID WASTE- TRAINING
$193.60
1
Actual Claims List - 03/17/20
Fund Vendor Name Payable Description Payment
Amount
61 OPWA UNIFIRST HOLDINGS LP UNIFORM SERVICE $132.04
REFUSE COLLECTIONS -Total
$25,252.10
JPMORGAN CHASE BANK
DLX- DEPOSIT SLIPS
$111.38
JPMORGAN CHASE BANK
DLX- REFUND
($9.12)
JPMORGAN CHASE BANK
OFFICE DEPOT- SUPPLIES
$7.29
TECHNICAL PROGRAMMING SERVICES
BILLING SERVICES
$3,177.80
INC
TYRONE EUGENE DINKINS
METER READER
$804.30
UTILITY BILLING -Total
$4,091.65
BLUE ENERGY FUELS, LLC
CNG FUEL PURCHASES - FEB,
$121.06
CITY GARAGE
LABOR/OVERHEAD - MARCH, 2
$1,853.08
CITY GARAGE
VEHICLE PARTS PORCH - FEB
$23.91
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - FEB, 2
$409.19
JAMES A. OZBUN
RELIEF PUMP STATION
$330.00
JPMORGAN CHASE BANK
AMERIFLEX -HOSE
$19.98
JPMORGAN CHASE BANK
CORE & MAIN - MANHOLE
$163.00
JPMORGAN CHASE BANK
CORE & MAIN - CONCRETE
$62.50
JPMORGAN CHASE BANK
CORE & MAIN - RISERS /MA
$600.50
JPMORGAN CHASE BANK
JOHNSTONE -OIL
$187.65
JPMORGAN CHASE BANK
LOWES -BOLTS
$1.96
JPMORGAN CHASE BANK
LOWES- SUPPLIES
$92.14
JPMORGAN CHASE BANK
PIKEPASS - PIKEPASS
$9.30
JPMORGAN CHASE BANK
SOUTHLAND- MANHOLE TOO
$526.86
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
$223.38
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
$106.52
VERDIGRIS VALLEY ELECTRIC COOP
COFFEE CREEK ELECTRIC
$398.64
VERDIGRIS VALLEY ELECTRIC COOP
GARRETT CREEK ELECTRI
$192.23
VERIZON WIRELESS
WIRELESS CONNECTION
$80.02
WASTEWATER COLLECTIONS -Total
$5,401.92
AT &T
CONSOLIDATED PHONE
$61.60
CITY GARAGE
LABORIOVERHEAD - MARCH, 2
$1,154.00
CITY GARAGE
VEHICLE PARTS PURCH - FEB
$13.54
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - FEB, 2
$402.25
JAMES A. OZBUN
REPAIR DRAIN PUMP #2
$3,396.00
JPMORGAN CHASE BANK
AMAZON - BATTERIES
$25.00
JPMORGAN CHASE BANK
BUMP TO BUMP -GLUE
$9.63
JPMORGAN CHASE BANK
COLE -E- COLT -E -COLT CO
$830.67
JPMORGAN CHASE BANK
CORE & MAIN -LINE PART
$441.07
JPMORGAN CHASE BANK
GRAINGER- AUTOCLAVE UN
$7,615.82
JPMORGAN CHASE BANK
GRAINGER- INDICATOR
$43.94
JPMORGAN CHASE BANK
HACH- REAGENT
$584.63
2
Actual Claims List - 03/17/20
Fund Vendor Name
Payable Description
Payment
Amount
61 OPWA JPMORGAN CHASE BANK
HAYNES EQUIP -SEALS
$3,152.48
JPMORGAN CHASE BANK
HAYNES EQUIP- SERVICE
$227.01
JPMORGAN CHASE BANK
LOWES - LADDER
$94.98
JPMORGAN CHASE BANK
LOWES- SCREWS DRIVERS
$12.96
JPMORGAN CHASE BANK
LOWES - SUPPLIES
$121.40
JPMORGAN CHASE BANK
NCL- FILTERS FOR TSS T
$574.73
JPMORGAN CHASE BANK
O'REILLY - GASKET
$7.90
JPMORGAN CHASE BANK
O'REILLY- HEADLIGHT
$7.42
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
$10.78
JPMORGAN CHASE BANK
OOWP- MANUALS
$213.00
JPMORGAN CHASE BANK
TRACKER -UTIL VEHICLE
$15,644.60
JPMORGAN CHASE BANK
WASTE MGMT -SLUDGE RM
$8,900.49
JPMORGAN CHASE BANK
WASTE MGMT - SLUDGE REM
$6,856.11
TREASURER PETTY CASH
SUPPLIES
$83.52
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
$128.14
VERIZON WIRELESS
WIRELESS CONNECTION
$80.02
WASTEWATER TREATMENT •Total
$50,693.69
BLUE ENERGY FUELS, LLC
CNG FUEL PURCHASES - FEB,
$48.41
CITY GARAGE
LABORIOVERHEAD - MARCH, 2
$2,945.33
CITY GARAGE
VEHICLE PARTS PURCH - FEB
$444.50
CITY OF TULSA DEPT OF FINANCE
WQA LABORATORY SERVICES
$500.00
CITY OF TULSA UTILITIES
WATER
$202,591.75
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - FEB, 2
$1,197.53
JPMORGAN CHASE BANK
BROWN FARMS -SOD
$100.00
JPMORGAN CHASE BANK
HARD HAT SAFETY -JACKE
$35.00
JPMORGAN CHASE BANK
LOWES - HYDRANT /FITT
$88.80
JPMORGAN CHASE BANK
O'REILLY -BLUE DEF
$27.98
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
$161.13
VERDIGRIS VALLEY ELECTRIC COOP
WATER CONTROL ELECTRI
$30.60
WATER -Total $208,171.03
CP &Y INC DESIGN SERVICES W WTP $3,238.21
WWTP UPGRADE -Total $3,238.21
OPWA -Total $468,696.47
OPWA Grand Total $468,696.47
3
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ORo., •R EALLM1arac,vr•flEAL Communlry
TO:
The Honorable Chair and Trustees
Owasso Public Works Authority
FROM:
Linda Jones, Finance Director
SUBJECT:
Resolution 2020 -01, Capital Improvement Planned Financing
DATE:
March 13, 2020
BACKGROUND:
On June 18, 2019, Council approved Resolution 2019 -13 which identified approximately $98 million
in capital improvement projects, of which, $78 million require third -penny sales tax funding. The
third -penny sales tax generates approximately $9 million per year, of which, approximately $4
million is currently committed annually for existing debt service. Currently, approximately $28
million remains to be funded from future years' collections.
As has been discussed with Council on multiple occasions, authorized Capital Improvement
Projects (CIP) will require approximately six years of sales tax revenues to fund. At the October
2017 work session, staff outlined the need for future financing of capital projects to enable the City
to advance the progress of approved CIP projects without delay. The financing would include
approximately $1.5 million for the 11301 North Mingo Road and 10000 East 116th Street North land
purchase due to be paid by April 1, 2020, as well as, funds for various street projects including the
Garnett Road widening from East 106th Street North to East 116th Street North, and the intersection
of East 106th Street North and North 1451h East Avenue.
Contracts with Municipal Finance Services, Inc. (Financial Advisor) and The Public Finance Law
Group, PLLC (Bond Counsel) are proposed to ascertain the most advantageous method and
timing for financing capital projects, and to proceed with preparing a recommendation of
financing.
RECOMMENDATION:
Staff recommends approval of Resolution 2020 -01, authorizing contracts with Municipal Finance
Services, Inc. and The Public Finance Law Group, PLLC, for professional services related to
financing capital projects.
ATTACHMENTS:
Authority Resolution 2020 -01
Municipal Finance Services, Inc. contract
Public Finance Law Group, PLLC contract
OWASSO PUBLIC WORKS AUTHORITY
RESOLUTION 2020 -01
A RESOLUTION OF THE OWASSO PUBLIC WORKS AUTHORITY (THE "AUTHORITY ")
AUTHORIZING THE EXECUTION OF PROFESSIONAL SERVICES AGREEMENTS
PERTAINING TO FINANCING PROFESSIONALS; AUTHORIZING THE AUTHORITY'S
FINANCIAL ADVISOR TO DISTRIBUTE BID PACKAGES TO PROSPECTIVE
FINANCIAL INSTITUTIONS IN CONNECTION WITH THE FINANCING OF CAPITAL
IMPROVEMENTS BENEFITTING THE CITY OF OWASSO, OKLAHOMA; AND
CONTAINING OTHER PROVISIONS RELATING THERETO
WHEREAS, The Owasso Public Works Authority (the "Authority ") has under
consideration the issuance of its Sales Tax Revenue Note, Series 2020 in the principal amount
of not to exceed $12,000,000 (the "Note ") for the purpose of (i) financing certain capital
improvements, along with related costs (collectively, the "Project "), and (ii) paying costs
associated with the issuance of the Note; and
WHEREAS, it is deemed desirable for the Authority to give preliminary authorization
for the issuance of the Note.
NOW, THEREFORE, BE IT RESOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC WORKS
AUTHORITY:
SECTION 1. PROFESSIONAL SERVICES AGREEMENTS. The Authority is authorized to
enter into professional services agreements with Municipal Finance Services, Inc., as
Financial Advisor, and The Public Finance Law Group PLLC, as Bond Counsel. The Chairman
or Vice Chairman and Secretary or Assistant Secretary of the Authority are authorized to
execute and deliver said professional services agreements on behalf of the Authority and
take all such other action in connection therewith.
SECTION 2. PRELIMINARY AUTHORIZATION. The Authority authorizes Municipal
Finance Services, Inc., as the Authority's Financial Advisor, to distribute bid packages to
financial institutions in connection with the proposed sale of the Note.
(SEAL) By:
ATTEST:
By:
PASSED AND APPROVED THE 17th DAY OF March, 2020.
THE OWASSO PUBLIC WORKS AUTHORITY
Juliann M. Stevens, Authority Secretary
Chris Kelley, Chair
Y
MUNICIPAL
FINANCE
SERVICES, INC.
est. 1990
March 3, 2020
PROFESSIONAL SERVICES AGREEMENT
m6ok.com
P: 405.340.1727
F: 405.340.3607
3933 E. Covell Road
Edmond, OK 73034
P.O. Box 747
Edmond, OK 73083 -0747
THIS AGREEMENT is entered by and among MUNICIPAL FINANCE SERVICES, INC. ("MESOK ") and
the City of Owasso, Oklahoma, and its public trusts including the Owasso Public Works Authority (collectively, the
"Client ").
The Client desires to engage MESOK and agrees as follows:
L Scope of Services.
Some or all of the following services listed below shall be provided under this Agreement and pertain to the
Client's new and outstanding debt obligations, including general obligation bonds, revenue bonds, bank notes, lease
financings, and loans from the Oklahoma Water Resources Board or other state or federal agencies during the term of
the Agreement (the "Issues "). The Client designates MFSOK as the Client's independent registered municipal advisor
( "IRMA ") for purposes of SEC Rule 15Ba1- l(d)(3)(vi) (the "IRMA Exemption "),
A. New Issue and Refunding of Existing Client Issues
1. Evaluate options or alternatives with respect to the proposed new Issue.
2. Provide financial analysis to the Client to assist in understanding the benefits, costs, and risks
of the proposed new Issue.
3. Review recommendations made by other parties to the Client.
4. Assist Client in preparing a plan of finance.
5. Advise Client on structure, terms and timing of the proposed new Issue.
6. Prepare financing schedule.
7. Attend meetings as requested by the Client.
8. Assist the Client in preparation of their loan applications, loan proposals, offering documents,
notices of sale, instructions to bidders, or official statements, as appropriate.
9. Coordinate as appropriate with Client staff, legal representatives, government agencies,
accountants, auditors, engineers, consultants, rating agencies, banks, lenders, placement agents,
trustees, paying agents, escrow agents, bond insurers and other credit enhancers, to facilitate
the plan of finance.
10. If new Issue is a competitive bond sale, assist Client in collecting and analyzing bids submitted
by underwriters and selecting the winning bidder.
11. If new Issue is a loan, assist Client in collecting and analyzing proposals submitted by banks.
12. Ifthe new Issue is a negotiated bond sale, assist client in selecting an underwriter and coordinate
the bond sales process.
13. Coordinate closing of the new Issue with Client and other parties.
14. Evaluate potential refunding opportunities on outstanding Issues.
B. Other Services Under Separate Agreement. If requested by Client, MFSOK may provide other services
including but not limited to:
1. Utility rate analysis.
2. Estimate of Needs review or preparation.
3. Verification of compliance with bond /loan covenants such as debt service coverage ratio
covenants and utility rate covenants for lenders, bond insurers, and others.
4. Debt capacity analysis.
5. Cash defeasance or redemption services.
C. Continuing Disclosure Assistance
1. Assisting the Client annually in compiling the financial information and operating data set forth
in their Continuing Disclosure Agreement ( "CDA ") included in any Official Statement; and
2. If necessary, assisting the Client in preparing their "Failure to File Notice" should documents
not be available for filing within the prescribed time frame designated in the CDA; and
3. Upon request, assisting the Client in their submission of the aforementioned information to the
Electronic Municipal Marketplace Access system ( "EMMA" ).
MFSOK and the Client acknowledge that the Client will engage Bond Counsel and other legal service
providers under separate contracts. MFSOK may rely on opinions and advice from legal representatives of the Client
and will not be held responsible for any legal advice, directly or indirectly, rendered by the legal representatives.
Neither MFSOK as Municipal Advisor nor its Municipal Advisor Representatives are licensed to engage in
the practice of law and, consequently, will offer no legal advice. None of the fee for services under this Agreement
relates to legal services. If such legal services are necessary, it shall be the responsibility of the Client to obtain them.
MFSOK's services are limited to those specifically set forth herein.
Il. Compensation and Reimbursements
A. New Issues and Refundin Issues. sues. MFSOK shall be paid at the time of closing a fee calculated as
follows:
1. For a bank loan or lease financing, 0.75% of par amount for the first $10 million for each series
of notes issued, and 0.50% of any amount over $10 million, with a minimum fee of $20,000.00.
2. For a loan through the Oklahoma Water Resources Board, including the Clean Water State
Revolving Fund (CWSRF), the Drinking Water State Revolving Fund (DWSRF), or the
Financial Assistance Program (FAP), 1.00% of the principal amount of the loan for the first $4
million and 0.50% of any amount over $4 million, with a minimum fee of $25,000.00.
3. For revenue bonds, 1.00% of par amount for the first $4 million for each series of bonds issued,
and 0.75% of any amount over $4 million, with a minimum fee of $25,000.00.
4. For general obligation bonds, 1.00% of par amount for the first $4 million for each series of
bonds issued, and 0.75% of any amount over $4 million, with a minimum fee of $25,000.00.
B. Compensation for Continuing Disclosure Assistance. MFSOK will receive a fee annually of $500.00
if Client requests that MFSOK assist in the filing of the Client's continuing disclosure information
on the Electronic Municipal Market Access (EMMA) website, with the understanding that Client will
compile and prepare the required continuing disclosure information and present the continuing
disclosure information within the Client's Consolidated Annual Financial Report (CAFR). If the
Client elects to file its own continuing disclosure information on the EMMA website, MFSOK will
not charge the Client for continuing disclosure services.
_01,2'. Mi1�II,�
2
C. Expenses for New Issues and Refunding Issues. MSFOK shall also be paid a fixed amount of
$2,500.00 per transaction to cover expenses incurred as part of the transaction, provided that any
filing, publication, recording or printing costs or similar third -party costs required in connection with
the Issue shall be paid directly by the Client.
D. Payment and Contingency for New Issues and Refunding Issues. Payment for all fees and expenses
shall be made at closing from proceeds of the Issue or from other available funds of the Client and
shall be contingent upon closing of the Issue.
E. Other Services Under Separate Agreement. If requested by Client, MFSOK may provide other
services including but not limited to:
1. Utility rate analysis.
2. Estimate of Needs review or preparation.
3. Verification of compliance with bond/loan covenants such as debt service coverage ratio
covenants and utility rate covenants for lenders, bond insurers, and others.
4. Debt capacity analysis.
5. Cash defeasance or redemption services.
III. Term and Termination
A. Term of Agreement. Unless terminated as provided herein, the terms of this Agreement shall
be in place from the date approved by the Client until March 31, 2025.
B. Termination of Agreement and Services. This Agreement and all services to be rendered
hereunder may be terminated at any time by written notice from either party, with or without
cause, with at least thirty (30) days' notice. In that event, all finished and unfinished documents
prepared for the Client, shall, at the option of Client, become its property and shall be delivered
to it or any party it may designate, provided that MFSOK shall have no liability whatsoever for
any subsequent use of such documents.
IV.. Successors and Assigns
MFSOK may not assign its obligations under this Agreement without the written consent of Client except
to a successor partnership or corporation to which all or substantially all of the assets and operations of MFSOK
are transferred. Client may assign its rights and obligations under this Agreement to (but only to) any other public
entity that incurs the loan. Client shall not otherwise assign its rights and obligations under this Agreement without
written consent of MFSOK. All references to MFSOK and Client in this Agreement shall be deemed to refer to
any successor of MFSOK and to any such assignee of Client and shall bind and inure to the benefit of such
successor and assignee whether so expressed or not.
V Municipal Advisor Reeistration and Acknowledgement
Pursuant to Municipal Securities Rulemaking Board Rule (MSRB) G -10, on Investor and Municipal
Advisory Client Education and Protection, Municipal Advisors are required to provide certain written information
to their municipal advisory client and/or obligated person clients which include the following:
Municipal Finance Services, Inc. is currently registered as a Municipal Advisor with the U.S. Securities
and Exchange Commission (SEC) and the MSRB. MFSOK is also registered as an Investment Advisor with the
State of Oklahoma.
Within the MSRB website at www.msrb.org, the Client may obtain the Municipal Advisory client
brochure that is posted on the MSRB website. The brochure describes the protections that may be provided by
the MSRB Rules along with how to file a complaint with financial regulatory authorities.
VI. Conflict of Interest Statement
As of the date of this agreement, MFSOK has performed a reasonable diligence to determine if there are
any conflicts of interest that should be brought to the attention of the Client. During the diligence process,
MFSOK has determined that no material conflict of interest has been identified, however, would like to provide
the following disclosures:
MFSOK serves a wide variety of other clients that may from time to time have interests that could have
a direct or indirect impact on the interests of another MFSOK client. For example, MFSOK serves as municipal
advisor to other clients and, in such cases, owes a regulatory duty to such other clients just as it does to the Client.
These other clients may, from time to time and depending on the specific circumstances, have competing interests.
In acting in the interests of its various clients, MFSOK could potentially face a conflict of interest arising from
these competing client interests. MFSOK fulfills its regulatory duty and mitigates such conflicts through dealing
honestly and with the utmost good faith with its clients.
The compensation arrangement included in Section II includes a component that is based on the
completion of a transaction. Consistent with certain regulatory requirements, MFSOK hereby discloses that such
contingent and/or transactional compensation presents a conflict of interest, because it may cause MFSOK to
recommend a transaction that is unnecessary or in a size that be larger than is necessary. This may be viewed as
a conflict of interest regarding our ability to provide unbiased advice to enter into such transaction. This viewed
conflict of interest will not impair MFSOK's ability to render unbiased and competent advice or to fulfill its
fiduciary duty. The fee paid to MFSOK increases the cost of borrowing to the Client. The increased cost occurs
from compensating MFSOK for municipal advisory services provided.
IfMFSOK becomes aware of any other actual or potential conflict of interest not mentioned above during
this agreement, MFSOK will promptly provide the Client a supplement written disclosure with sufficient details
of the change, if any, which will allow the Client to evaluate the situation.
VII Legal Events and Disciplinary History
A regulatory disclosure action has been made on MFSOK's Form MA and on Form MA -I for two of
MFSOK's municipal advisory personnel relating to a 2017 U.S. Securities and Exchange Commission ( "SEC ")
order. The details of which are available in Item 9; C (2), C (4), C (5) and the corresponding regulatory action
DRP section on Form MA and Item 6: C (2), C (4), C (5), C (6) and the corresponding regulatory action DRP
section on Form MA -I for both Rick A. Smith and Jon Wolff. In addition, the Oklahoma Department of Securities
adopted the above proceedings which are identified in Item 9; D (2), D (4) and the corresponding regulatory
action DRP section on Form MA.
The Client may electronically access MFSOK's most recent Form MA and each most recent Form MA-
I filed with the Commission at the following website:
www.sec.Ezov/edear/searchedear/comi3anysearcii.html.
There has been no change to any legal or disciplinary event that has been disclosed on MFSOK's SEC
registration for MA filings since December 18, 2017.
VIII. Fiduciary Duty
MFSOK is registered as a Municipal Advisor with the SEC and MSRB. As such, MFSOK has a
Fiduciary duty to the Client and must provide both a Duty of Care and aDuty of Loyalty that entails the following.
Duty of Care:
A. exercise due care in performing its municipal advisory activities;
B. possess the degree of knowledge and expertise needed to provide the Client with informed
advice;
C. make a reasonable inquiry as to the facts that are relevant to the Client's determination as
to whether to proceed with a course of action or that form the basis for any advice provided
to the Client; and
D. undertake a reasonable investigation to determine that MFSOK is not forming any
recommendation on materially inaccurate or incomplete information; MFSOK must have
a reasonable basis for:
a. any advice provided to or on behalf of the Client;
b. any representations made in a certificate that it signs that will be reasonably
foreseeably relied upon by the Client, any other party involved in the municipal
securities transaction or municipal financial product, or investors in the Client's
securities; and
C. any information provided to the Client or other parties involved in the municipal
securities transaction in connection with the preparation of an official statement.
Duty of Loyalty:
MFSOK must deal honestly and with the utmost good faith with the Client and act in the Client's best
interests without regard to the financial or other interests of MFSOK. MFSOK will eliminate or provide full and
fair disclosure (included herein) to Client about each material conflict of interest (as applicable). MFSOK will
not engage in municipal advisory activities with the Client as a municipal entity, if it cannot manage or mitigate
its conflicts in a manner that will permit it to act in the Client's best interests. As of the date of receipt of this
attachment, MFSOK has performed a reasonable diligence to determine if there are any conflicts of interest that
should be brought to the attention of the Client.
IX. Recommendations
If WSOK makes a recommendation of a municipal securities transaction or municipal financial product
or if the review of a recommendation of another party is requested in writing by the Client and is within the scope
of the engagement, MFSOK will determine, based on the information obtained through reasonable diligence of
MFSOK whether a municipal securities transaction or municipal financial product is suitable for the Client. In
addition, MFSOK will inform the Client of:
A. the evaluation of the material risks, potential benefits, structure, and other characteristics of
the recommendation;
B. the basis upon which MFSOK reasonably believes that the recommended municipal securities
transaction or municipal financial product is, or is not, suitable for the Client; and
Ww
5
C. whether MFSOK has investigated or considered other reasonably feasible alternatives to the
recommendation that might also or alternatively serve the Client's objectives.
If the Client elects a course of action that is independent of or contrary to the advice provided by
MFSOK, MFSOK is not required on that basis to disengage from the Client.
X. Record Retention
Pursuant to SEC, MSRB and the Oklahoma Department of Securities record retention regulations,
Municipal Finance Services, Inc. will maintain in writing, all communication and created documents between
Municipal Finance Services, Inc. and the Client for six (6) years.
Notices
Any and all notices pertaining to this Agreement shall be sent by U.S. Postal Service, first class, postage
prepaid to:
-UTWlq
Municipal Finance Services, Inc.
Attn: Rick A. Smith
3933 E. Covell Road
Edmond, OK 73034
CLIENT:
City of Owasso
Attn: Mayor
200 S Main Street
Owasso, OK 74055
Acceptance
If there are any questions regarding the above, please do not hesitate to contact MFSOK. If the foregoing
terms meet with your approval, please indicate your acceptance by executing all original copies of this letter and
keeping one copy for your file.
By signing this agreement, the Client acknowledges the provisions set forth in the agreement and understands
its respective rights, duties, and responsibilities. Furthermore, the Scope of Services contained herein have been
reviewed and are hereby approved. In addition, the Client acknowledges receipt of the Form ADV Part 2A Brochure
and Part 2B Brochure Supplement.
Client and MFSOK have entered into this Agreement by the duly authorized representatives which was
approved on March 17, 2020. at a meeting duly called and held in full compliance with the Oklahoma Open Meeting
Act.
MUNICIPAL FINANCE SERVICES, INC.
By:
Rick A. Smith. President
CITY OF OWASSO
am
Chris Kelley, Mayor
OWASSO PUBLIC WORKS AUTHORITY
LE
Chris Kelley, Chair
7
THE
PUBLIC FINANCE
LAW GROUP PLLC
ATTORNEYS AND COUNSELORS AT LAW
1405.2 35.3413 •f405- 235.2507
5657 N. CLASSEN BOULEVARD, SUITE 100 • OKLAHOMA CITY, OK 73113
AGREEMENT FOR BOND COUNSEL SERVICES
THE OWASSO PUBLIC WORKS AUTHORITY
SALES TAX REVENUE NOTE, SERIES 2020
THIS AGREEMENT is entered into as of March 17, 2020, by and between THE PUBLIC
FINANCE LAW GROUP PLLC ( "PFLG ") and THE OWASSO PUBLIC WORKS AUTHORITY
(the "Issuer "), a public trust with the City of Owasso, Oklahoma (the "City") as its beneficiary, as
follows:
RECITALS
WHEREAS, the Issuer desires to engage PFLG as bond counsel in connection with the
financing of certain capital improvements, along with related costs (the "Project "); and
WHEREAS, to finance all or a portion of the costs of the Project, the Issuer intends to issue
its Sales Tax Revenue Note, Series 2020 in a principal amount that has not yet been determined (the
"Note "); and
WHEREAS, PFLG possesses the necessary professional capabilities and resources to
provide the legal services required by Issuer as described in this Agreement.
AGREEMENTS
1. Scope of Services.
A. Bond Counsel Services. PFLG will render the following services as bond counsel
to the Issuer:
(1) Consultation with representatives of the Issuer and the City, including the City
Manager, City Attorney, Issuer's Counsel, Finance Director, financing and
accounting staff, financial advisors, and others, with respect to the timing, terms
and legal structure of the proposed financing.
(2) Preparation of loan, security and other authorizing documents (the "Financing
Documents ").
(3) Review of documentation with respect to any letter of credit, bond insurance and/or
reserve fund surety policy provided in connection with the Note, if any.
(4) Attendance at such meetings or hearings of the Issuer and the City and working
group meetings or conference calls as the Issuer may request, and assistance to the
Issuer staff in preparation of such explanations or presentations to the governing
body of the Issuer and the City as they may request.
(5) Preparation of final closing papers to be executed by the Issuer required to effect
delivery of the Note and coordination of the Note closing.
(6) Rendering of bond counsel's customary final legal opinion on the validity of the
securities and, with respect to the tax - exempt securities, the exemption from gross
income for federal income tax purposes and from Oklahoma personal income tax
of interest thereon.
PFLG and Issuer acknowledge that Issuer shall be represented by Julie Lombardi, Esq., City
Attorney ( "Issuer's Counsel ") for the purpose of rendering day -to -day and ongoing general counsel
legal services. PFLG shall circulate documents to and coordinate its services with Issuer's Counsel
to the extent requested by Issuer or Issuer's Counsel.
PFLG and Issuer further acknowledge that the Issuer shall be represented by Municipal
Finance Services, Inc., a municipal advisor pursuant to the terms of SEC Rule 1513al -1 (referred
to herein as an "Independent Registered Municipal Advisor" or "IRMA "). PFLG is a firm of
attorneys who provide legal advice or services of a traditional legal nature to a client, and PFLG
and its attorneys do not represent themselves to be a financial advisor or financial expert.
Therefore, PFLG is excluded from the definition of Municipal Advisor, and PFLG does not intend
to provide any advice with respect to municipal financial products or the issuance of municipal
securities outside of the scope of traditional legal services and advice customarily rendered by
bond counsel in public finance transactions. Notwithstanding the foregoing, in the event certain
advice may be construed as beyond the scope of traditional legal services, the Issuer specifically
acknowledges that PFLG may avail itself of the IRMA exemption under SEC Rule 1513al -1 on
the basis that (i) the Issuer is represented by an Independent Registered Municipal Advisor not
associated with PFLG, (ii) the Issuer hereby advises PFLG that the Issuer is represented by and
will rely on the advice of its duly retained Independent Registered Municipal Advisor, and (iii) the
Issuer has been advised that PFLG is not a municipal advisor and PFLG owes no federal statutory
fiduciary duty to the Issuer.
In rendering opinions and performing legal services under this Agreement, PFLG shall be
entitled to rely on the accuracy and completeness of information provided, certifications made by,
and opinions provided by counsel to, Issuer, the Independent Registered Municipal Advisor,
property owners and other parties and consultants, without independent investigation or
verification.
PFLG's services are limited to those specifically set forth above. PFLG's services do not
include representation of Issuer or any other party to the transaction in any litigation or other legal
or administrative proceeding involving the Note, the Project or any other matter. PFLG's services
2
also do not include any responsibility for compliance with state blue sky, environmental, land use,
real estate or similar laws or for title to or perfection of security interests in real or personal
property. PFLG will not be responsible for preparing, reviewing, or opining with respect to the
Issuer's Official Statement and /or any Continuing Disclosure Undertakings for the Note, including
but not limited to the accuracy, completeness or sufficiency of the Official Statement, Continuing
Disclosure Undertaking, or other offering material relating to the Note. PFLG's services do not
include any financial advice or analysis. PFLG will not be responsible for the services performed
or acts or omissions of any other participant. Also, PFLG's services will not extend past the date
of issuance of the Note and will not, for example, include services related to rebate compliance or
continuing disclosure or otherwise related to the Note, proceeds of the Note, or the Project after
issuance of the Note.
2. Compensation and Reimbursements.
A. Compensation for Bond Counsel Services. For services as bond counsel to the
Issuer, PFLG shall be paid a fixed fee at the time of issuance of the Note of one percent
(1.0 %) of the principal amount of the Note.
B. Expenses. PFLG shall also be paid a fixed amount of $2,500.00 to cover expenses
and transcript production and distribution, provided, that any filing, publication, recording
or printing costs or similar third party costs required in connection with the Note shall be
paid directly by the Issuer, but if paid by PFLG on behalf of the Issuer, shall be reimbursed
to PFLG on demand.
C. Payment. Fees and expenses shall be payable by Issuer at the time of issuance of
the Note. Payment of all fees and expenses hereunder shall be made at closing from
proceeds of the Note and shall be entirely contingent upon issuance of the Note.
D. Termination of Agreement and Legal Services. This Agreement and all legal
services to be rendered under it may be terminated at any time by written notice from either
party, with or without cause. In that event, all finished and unfinished documents prepared
for adoption or execution by Issuer, shall, at the option of Issuer, become its property and
shall be delivered to it or to any party it may designate; provided that PFLG shall have no
liability whatsoever for any subsequent use of such documents. In the event of termination
by Issuer, PFLG shall be paid for all satisfactory work, unless the termination is made for
cause, in which event compensation, if any, shall be adjusted in the light of the particular
facts and circumstances involved in the termination. If not sooner terminated as aforesaid,
this Agreement and all legal services to be rendered under it shall terminate upon issuance
of the Note; provided that Issuer shall remain liable for any unpaid compensation or
reimbursement due under Section 2 hereof. Upon termination, PFLG shall have no future
duty of any kind to or with respect to the Note or the Issuer.
3
3. Nature of Engagement; Relationships With Other Parties.
The role of bond counsel, generally, is to prepare or review the procedures for issuance of
the bonds, notes or other evidence of indebtedness and to provide an expert legal opinion with
respect to the validity thereof and other subjects addressed by the opinion. Consistent with the
historical origin and unique role of such counsel, and reliance thereon by the public finance market,
PFLG's role as bond counsel under this Agreement is to provide an opinion and related legal
services that represent an objective judgment on the matters addressed rather than the partisan
position of an advocate.
In performing its services in connection with the Note, PFLG will act as special counsel to
Issuer with respect to issuance of the Note; i.e., PFLG will assist the Issuer's Counsel in
representing Issuer but only with respect to validity of the Note and the Financing Documents, and
the tax status of interest on the Note, in a manner not inconsistent with the role of bond counsel
described above.
Issuer acknowledges that PFLG regularly performs legal services for many private and
public entities in connection with a wide variety of matters. For example, PFLG has represented,
is representing or may in the future represent other public entities, underwriters, trustees, rating
agencies, insurers, credit enhancement providers, lenders, contractors, suppliers, financial and
other consultants /advisors, accountants, investment providers/brokers, providers /brokers of
derivative products and others who may have a role or interest in the Note financing or the Project
or that may be involved with or adverse to Issuer in this or some other matter. PFLG agrees not
to represent any such entity in connection with the Note financing, without the consent of Issuer.
Given the special, limited role of bond counsel described above, Issuer acknowledges that no
conflict of interest exists or would exist, and waives any conflict of interest that might appear
actually or potentially to exist, now or in the future, by virtue of this Agreement or any such other
attorney - client relationship that PFLG may have had, have or enter into, and Issuer specifically
consents to any and all such relationships.
4. Limitation of Rights to Parties; Successor and Assigns.
Nothing in this Agreement or in any of the documents contemplated hereby, expressed or
implied, is intended or shall be construed to give any person other than Issuer and PFLG any legal
or equitable right or claim under or in respect of this Agreement, and this Agreement shall inure
to the sole and exclusive benefit of Issuer and PFLG.
PFLG may not assign its obligations under this Agreement without written consent of
Issuer except to a successor partnership or corporation to which all or substantially all of the assets
and operations of PFLG are transferred. Issuer may assign its rights and obligations under this
Agreement to (but only to) any other public entity that issues the Note (if not the Issuer). Issuer
shall not otherwise assign its rights and obligations under this Agreement without written consent
of PFLG. All references to PFLG and Issuer in this Agreement shall be deemed to refer to any
M
such successor of PFLG and to any such assignee of Issuer and shall bind and inure to the benefit
of such successor and assignee whether so expressed or not.
5. Counterparts.
This Agreement may be executed in any number of counterparts and each counterpart shall
for all purposes be deemed to be an original, and all such counterparts shall together constitute but
one and the same Agreement.
6. Notices.
Any and all notice pertaining to this Agreement shall be sent by U.S. Postal Service, first
class, postage prepaid to:
PFLG:
The Public Finance Law Group PLLC
5657 North Classen Boulevard, Suite 100
Oklahoma City, OK 73118
Attention: Allan A. Brooks, III or Nathan D. Ellis
ISSUER:
The Owasso Public Works Authority
200 South Main
Owasso, OK 74055
Attention: City Manager
[Remainder of Page Left Blank Intentionally]
Issuer and PFLG have executed this Agreement by their duly authorized representatives
as of the date provided above.
THE PUBLIC FINANCE LAW GROUP PLLC
Allan A. Brooks, III
THE OWASSO PUBLIC WORKS AUTHORITY
By:
Title: Chris Kelley, Chair
Date: March 17, 2020
REAL Paoplo •REAL Character • REAL Commwlry
TO: The Honorable Chair and Trustees
Owasso Public Works Authority
FROM: Linda Jones, Finance Director
SUBJECT: Resolution 2020 -02
Public Works, Support Services, and Parks Facility Land Purchase
DATE: March 13, 2020
BACKGROUND:
On April 16, 2019, Council approved entering into a contract to purchase 62 acres at 11301 North
Mingo Road and 10000 East 116th Street North for the purpose of constructing city facilities, such
as Public Works, Support Services, and Parks, as well as, construction of a regional stormwater
detention area.
In order to utilize loan proceeds for the land purchase, a resolution is needed declaring the intent
of the Authority to have expenditures related to the land purchase be reimbursed with future
OPWA loan proceeds.
RECOMMENDATION:
Staff recommends approval of Resolution 2020 -02, declaring the intent of the Owasso Public Works
Authority (The "Authority ") to expend certain funds in connection with land acquisition for
construction of City facilities and for construction of a regional stormwater detention facility with
said expenditures to be reimbursed from the proceeds of debt to be incurred by The Authority;
and containing other provisions relating thereto.
ATTACHMENT:
Authority Resolution 2020 -02
OWASSO PUBLIC WORKS AUTHORITY
RESOLUTION 2020 -02
A RESOLUTION DECLARING THE INTENT OF THE OWASSO PUBLIC WORKS
AUTHORITY (THE "AUTHORITY ") TO EXPEND CERTAIN FUNDS IN CONNECTION
WITH THE ACQUISITION OF CERTAIN REAL PROPERTY 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 to
purchase land as the site of a proposed public works building at the intersection of 11301
North Mingo Road and 10000 East 1 16th Street North at a cost of $1,500,000 (cost of land
only) which amount is expected to be paid by April 1, 2020 and which amount will be
reimbursed as part of a larger financing that will include up to $10,500,000 for various street
improvements to include the Garnett Road widening (collectively, 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 financed by the Authority shall generally
include land acquisition as the site of a proposed public works building at the intersection
of 11301 North Mingo Road and 10000 East 116th Street North at a cost of $1,500,000 (cost of
land only) and up to $10,500,000 for various street improvements to include a portion of the
Garnett Road widening project.
SECTION 2. Preliminary Use of Authority Funds. The Authority intends to initially fund
certain capital costs associated with the Project from the Authority's funds. 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 $12,000,000.
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.
(SEAL) By:
ATTEST:
PASSED AND APPROVED THIS 17TH DAY OF MARCH, 2020.
THE OWASSO PUBLIC WORKS AUTHORITY
Chris Kelley, Chair
Juliann M. Stevens, Authority Secretary
Resolution 2020 -02
Page 2 of 2
CITY OF OWASSO
OWASSO PUBLIC WORKS AUTHORITY - OPERATING FUND
FISCAL YEAR 2019 -2020
Budgetary Basis
Statement of Revenues & Expenses
As of February 29, 2020
MONTH
YEAR
PERCENT
TO -DATE
TO -DATE
BUDGET
OF BUDGET
OPERATING REVENUES:
Water
$
494,388
$
4,416,773
$
6,652,106
66.40%
Wastewater
439,729
3,339,763
5,059,107
66.01%
Refuse & recycle
186,184
1,568,803
2,320,564
67.60%
Other Utility fees
19,086
240,440
294,076
81.76%
TOTAL OPERATING REVENUES
$
1,139,386
$
9,565,780
$
14,325,853
66.77%
OPERATING EXPENSES:
OPWA administration
$
(165,910)
$
(712,376)
$
(1,214,450)
58.66%
Utility Billing
(40,960)
(331,962)
(566,128)
58.64%
Water
(429,046)
(2,655,269)
(5,097,064)
52.09%
Wastewater
(182,013)
(2,352,800)
(3,644,252)
64.56%
Refuse & Recycle
(116,615)
(851,886)
(1,609,681)
52.92%
Debt payments
(203,967)
(1,644,082)
(2,371,949)
6931%
TOTAL OPERATING EXPENSES
$
(1,138,510)
$
(8,548,374)
$
(14,503,524)
58.94%
OPERATING REVENUES OVER /(UNDER) EXPENDITURES
$
876
$
1,017,406
$
(177,671)
NONOPERATING REVENUES (EXPENSES):
Interest
$
7,349
$
54,438
$
57,935
93.96%
Other revenues /(expenses)
4,436
16,387
20,807
78.76%
Transfers in
-
-
-
0.00%
Transfers out
-
(326,201)
(326,201)
100.00%
TOTAL NONOPERATING REVENUES (EXPENSES)
$
11,785
$
(255,376)
$
(247,459)
LONG -TERM DEBT PROCEEDS AND EXPENDITURES:
Proceeds of long -term debt
$
177,317
$
2,771,492
$
36,154,177
Expenditures of long -term debt
(237,214)
(1,098,924)
(35,678,846)
TOTAL LONG -TERM DEBT PROCEEDS AND EXPENDITURES
$
(59,897)
$
1,672,569
$
475,331
NET INCOME (LOSS)
$
(47,236)
$
2,434,599
$
50,201
ENCUMBRANCES OUTSTANDING
$
(1,239,670)
FUND BALANCE (Budgetary Basis)
Beginning Balance
2,830,301
2,830,301
Ending Balance
$
4,025,230
$
2,880,502
OWASSO PUBLIC WORKS AUTHORITY
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING DATE 02/29/2020
Department Payroll Expenses Total Expenses
400
OPWA Administration
15,859.95
23,258.82
405
Utility Billing
6,576.00
12,069.85
420
Water
15,745.73
25,885.63
450
Wastewater
12,988.85
21,265.29
455
Wastewater Collection
12,302.48
20,874.58
480
Refuse
13,207.49
23,013.78
485
Recycle Center
1,359.20
2,058.17
FUND TOTAL
78,039.70
128,426.12