The URL can be used to link to this page

Home My WebLink About1998.09.01_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY TYPE OF MEETING: Regular DATE: September 1, 1998 TIME: 6:30 p.m. PLACE: Council Chambers, Owasso Community Center Notice and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 p.m. on Friday, August 28, 1998. Marci outwell, Authority Secretary AGENDA 1. Call to Order 2. Flag Salute 3. Roll Call 4. Request By Citizen to Address the Authority. Mr Bill Witt Attachment #4 Mr Witt has provided the City Clerk with a written request to address the Authority relating to the water rates in Pleasant View Estates. t5. 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 consent by request. A motion to adopt the Consent Agenda is non - debatable. Owasso Public Works Authority September 1, 1998 Page 2 A. Approval of the Minutes of August 18, 1998 Regular Meeting. Attachment #5 -A B. Approval of Claims. Attachment #5 -B 6. Consideration and Appropriate Action Relating to a Request for Trustee Approval of a Supplemental Appropriation Increasing Transfer Revenues from the General Fund by $375,000 and Increasing Expenses in the Administration Department by $375,000. Ms Bishop Attachment #6 ' The staff will recommend a supplemental appropriation in the amount of $375,000 through a transfer from the General Fund, and an increase in expenses in the Administration ' Department of $375,000 for the purpose of purchasing a building located at 301 W Second Ave. is 7. Consideration of Approval of Contract for Sale to the Owasso Public Works Authority, ' Owasso, Oklahoma, Acquisition from Public Service Company of Oklahoma, of PSO Real Property, Authorizing the Chair to Execute Such Contract for Sale, Authorizing the City Treasurer to Expend the Sum of $10,000 as and for Earnest Money, as Well as Authorizing t a Final Payment of $365,000 Upon Closing of the Real Estate Transaction. Mr Hancock Mr Cates ' Attachment #7 The staff will recommend approval of the above - mentioned contract, authorization for the ' Chair to execute the document, and authorization for payment. Owasso Public Works Authority September 1, 1998 Page 3 8. Consideration and Appropriate Action Relating to a Request for Trustee Authorization for the Transfer of 1998 Revenue Bond Proceeds and Interest Accrued Thereon to the City of Owasso. Ms Bishop Attachment #8 The staff will recommend that the Trustees authorize the transfer of the 1998 Revenue Bond proceeds in the amount of $7,342,751.51, and interest accrued in the amount of $120,636.99, to the City of Owasso. 9. Report from OPWA Manager 10. Report from OPWA Attorney 11. New Business 12. Adjournment MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY ASSISTANT CITY MANAGER SUBJECT: CITIZEN REQUEST TO ADDRESS THE COUNCIL MR. BILL WITT DATE: August 27, 1998 BACKGROUND: Approximately six weeks ago, I met with Mr. Witt who had come to City Hall to inquire about the water rates being charged to our customers that do not currently reside within the city limits of Owasso. Mr. Witt voiced concerns regarding the differences in rates charged to customers that did not reside in the city limits and his understanding that the City had previously given an indication that the rate structure was going to be revised to address the differences in the rates charged. I told Mr. Witt that I would review previous correspondence and action regarding his concern and also address his concern with the Council. Originally, water customers that did not live in the City of Owasso were charged a rate that was the equivalent to double the amount that was charged to city residents. This was largely due to the fact that water system improvements were funded through property taxes and the City's inability to collect for those system improvements on water customers that did not reside in the city. In approximately 1987, when rate changes were necessary due to rate increases from the City of Tulsa, those increases were not doubled for customers that resided outside of the city in order to address the differences. More recently, no rate increases have been passed on to customers outside of the city. Other than a continuation of that practice, there is no other plan currently in place to address Mr. Witt's concerns. While their has been discussion regarding the need to address the different rates, there has been no Council action regarding the rate structure. I responded to Mr. Witt that it was possible that the City would be performing a rate study in the late fall or early spring and that it was likely that a large portion of his concern would be addressed at that time. OWASSO PUBLIC WORKS AUTHORITY MINUTES OF REGULAR MEETING Tuesday, August 18, 1998 The Owasso Public Works Authority met in regular session on Tuesday, August 18, 1998 in the Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Friday, August 14,_1998. ITEM 1: CALL TO ORDER Chairman Bode called the meeting to order at 7:25 p.m. ITEM 2: FLAG SALUTE The flag salute was given during the City Council meeting preceding this meeting. ITEM 3: ROLL CALL PRESENT ABSENT Denise Bode, Chair Melinda Voss, Trustee Mark Wilken, Vice Chair Mary Lou Barnhouse Trustee Tracy Standridge, Trustee STAFF Jeff Hancock, City Manager Ronald D Cates, Authority Attorney Marcia Boutwell, Authority Secretary ITEM 4: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. A. Approval of the Minutes of August 4, 1998 Regular Meeting. B. Approval of Claims Ms Barnhouse moved, seconded by Dr Standridge, to approve the consent agenda. The consent agenda included minutes of the August 4, 1998 regular meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) OPWA Fund $189,540.88; (2) Payroll $28,905.44. AYE: Barnhouse, Standridge, Wilken, Bode NAY: None Motion carried 4 -0. Owasso Public Works Authority August 18, 1998 ITEM 5: CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE AWARD OF A CONTRACT FOR THE PURCHASE OF A REFUSE COLLECTION VEHICLE BY THE PUBLIC WORKS DEPARTMENT Mr Roberts said that the FY 98 -99 Public Works Department Refuse Collection Division budget includes funds for the purchase of a new refuse collection vehicle. The vehicle is needed to supplement the present fleet so that routes may be completed in a timely manner. It is also anticipated that the Division may require an additional collection route by FY 99 -00. Specifications for a collection vehicle were developed and mailed to 25 prospective bidders, and advertised in the Owasso Reporter as prescribed by law. Only one vendor submitted bids. Williams Refuse submitted a bid for a 1998 single -axle Lodal and a 1998 dual -axle Lodal. The dual -axle vehicle was bid at a cost above the budgeted amount. The staff believes that a single - axle vehicle will have a minimal impact on the refuse collections. Following a clarification by Mr Carr that specifications were open to all bidders, Mr Wilken moved, seconded by Ms Barnhouse, to approve the purchase of a 1998 Lodal Single -Axle Refuse Collection Vehicle from Williams Refuse Equipment Co, Owasso, Ok, in the amount of $118,400. AYE: Wilken, Barnhouse, Standridge, Bode NAY: None Motion carried 4 -0. ITEM 6: REPORT FROM OPWA MANAGER No report. ITEM 7: REPORT FROM OPWA ATTORNEY No report. ITEM 8: NEW BUSINESS None. ITEM 9: ADJOURNMENT Mr Wilken moved, seconded by Dr Standridge, to adjourn. AYE: Wilken, Standridge, Barnhouse, Bode NAY: None Owasso Public Works Authority Motion carried 4 -0, and the meeting was adjourned at 7:34 p.m. Denise Bode, Chairperson August 18, 1998 Owasso Public Works Authority Motion carried 4 -0, and the meeting was adjourned at 7:34 p.m. Marcia Boutwell, Authority Secretary 3 Denise Bode, Chairperson August 18, 1998 CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY 28/98 8:25.48 A/P CLAIMS REPORT APAPVR PAGE_ 15 PO it VENDOR DESCRIPTION AMOUNT "'A ADMINISTRATION DEPARTMENT TOTAL in LITY BILLING 990281 990286 990527 990528 990529 990530 990531 990722 01 SAM'S CLUB OFFICE DEPOT CARD PLAN BRAD SPARKMAN RANDY ALEXANDER OSCAR MCLAURIN TYRONE DINKINS BRANDON HAMILTON US POSTMASTER DEPARTMENT TOTAL = = = => 990013 990126 '990215 990217 990231 990422 990448 990450 990452 990453 AT &T WIRELESS SERVICES W W GRAINGER INC AT &T WIRELESS SERVICES YALE UNIFORM RENTAL GEORGE & GEORGE SAFETY CUNNINGHAM PLUMBING WATER PRODUCTS INC WATER PRODUCTS INC KIMBALL ACE HARDWARE GEORGE & GEORGE SAFETY COMPUTER PAPER OFFICE SUPPLIES METER READER METER READER METER READER METER READER METER READER UTILITY BILL POSTAGE PAGER USE SUMP PUMP PHONE USE -ALL UNIFORM CLEAN /RENT SAFETY BOOTS -ALL METER SETS 4/21/98 REPAIR /MAINT SUPPLIES REPAIR SUPPLIES REPAIR /MAINT SUPPLIES SAFETY SUPPLIES 150.00 7.22 221.94 65.54 12.64 253.95 150.00 16.88 65.00 2.16 27.38 93.56 60.71 287.18 1,414.16 47.98 86.95 256.05 195.60 283.50 477.90 290.25 1,500.00 3,138.23 28.88 185.02 25.24 94.00 213.00 23,987.40 1,543.95 246.30 102.97 195.82 990006 HOWARD STAMPER RETAINER /SERVICES '990013 AT &T WIRELESS SERVICES PAGER USE 990214 WESTERN BUSINESS PRODUCTS COPIER MAINTENANCE 990215 AT &T WIRELESS SERVICES PHONE USE -CARR 990215 990286 AT &T WIRELESS SERVICES OFFICE DEPOT CARD PLAN PHONE USE- ROBERTS OFFICE SUPPLIES 990420 EMTEC, INC. EXTERMINATE TERMITES 990584 WAL -MART UTILITY CART 990636 COMPUTER CITY CORPORATE S MODEM -CARR 990650 TREASURER PETTY CASH REIMB PETTY CASH 990734 OKLAHOMA NATURAL GAS 7/98 USE '990735 SOUTHWESTERN BELL TELE 7/98 PLEXAR 990736 MCI TELECOMMUNICATIONS 7/98 USE 990737 PSO 7/98 USE DEPARTMENT TOTAL in LITY BILLING 990281 990286 990527 990528 990529 990530 990531 990722 SAM'S CLUB OFFICE DEPOT CARD PLAN BRAD SPARKMAN RANDY ALEXANDER OSCAR MCLAURIN TYRONE DINKINS BRANDON HAMILTON US POSTMASTER DEPARTMENT TOTAL = = = => 990013 990126 '990215 990217 990231 990422 990448 990450 990452 990453 AT &T WIRELESS SERVICES W W GRAINGER INC AT &T WIRELESS SERVICES YALE UNIFORM RENTAL GEORGE & GEORGE SAFETY CUNNINGHAM PLUMBING WATER PRODUCTS INC WATER PRODUCTS INC KIMBALL ACE HARDWARE GEORGE & GEORGE SAFETY COMPUTER PAPER OFFICE SUPPLIES METER READER METER READER METER READER METER READER METER READER UTILITY BILL POSTAGE PAGER USE SUMP PUMP PHONE USE -ALL UNIFORM CLEAN /RENT SAFETY BOOTS -ALL METER SETS 4/21/98 REPAIR /MAINT SUPPLIES REPAIR SUPPLIES REPAIR /MAINT SUPPLIES SAFETY SUPPLIES 150.00 7.22 221.94 65.54 12.64 253.95 150.00 16.88 65.00 2.16 27.38 93.56 60.71 287.18 1,414.16 47.98 86.95 256.05 195.60 283.50 477.90 290.25 1,500.00 3,138.23 28.88 185.02 25.24 94.00 213.00 23,987.40 1,543.95 246.30 102.97 195.82 CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY '28/98 8:25:48 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT 990471 CELLULAR & MOBILE TELEPHO CELLULAR PHONE CASES 19.99 990535 MIDWESTERN EQUIP CO SHORING RENTAL 150.00 990540 MILL CREEK LUMBER & SUPPL REPAIR SUPPLIES - 22.00 990542 RAINBOW CONCRETE CO CONCRETE 126.00 990573 UTILITY SUPPLY CO FIRE HYDRANT PARTS 111.50 990578 AUTOMATIC ENGINEERING INC REBUILD KIT 56.00 990578 AUTOMATIC ENGINEERING INC REBUILD KIT 90.00 990579 EQUIPMENT ONE RENTAL & SA MAINT /REPAIR SUPPLIES 108.15 990582 LARSEN ELECTRONICS, INC. 2 -WAY RADIO PARTS 56.40 990584 WAL -MART TARP 24.96 990650 TREASURER PETTY CASH REIMB PETTY CASH 13.91 990658 WATER PRODUCTS INC WATER METERS 3/18/97 2,781.60 990735 SOUTHWESTERN BELL TELE 7/98 PLEXAR 48.88 990736 MCI TELECOMMUNICATIONS 7/98 USE 6.05 990737 PSO 7/98 USE 347.76 DEPARTMENT TOTAL =___> 30,585.78 iSTEWATER TREATMENT PLANT 990013 AT &T WIRELESS SERVICES PAGER USE 21.66 990163 WASTE MANAGEMENT OF OKLA TIPPING FEES 811.62 990208 APAC - OKLAHOMA, INC. TYPE B ASPHALT -WWTP 230.59 990217 YALE UNIFORM RENTAL UNIFORM CLEAN /RENT 130.00 990227 SHERRY LABORATORIES INC SLUDGE ANALYSIS 145.00 990231 GEORGE & GEORGE SAFETY SAFETY BOOTS -ALL 213.00 990281 SAM'S CLUB MAINT SUPPLIES 72.43 990425 DATASTREAM SYSTEMS INC UPGRADE SOFTWARE 1,013.00 990453 GEORGE & GEORGE SAFETY SAFETY SUPPLIES 95.75 990456 HACH CHEMICAL COLONY COUNTER 1,115.00 990468 WAL -MART OFFICE SUPPLIES 176.90 990484 W W GRAINGER INC POWER WASHER 2,161.25 990536 TEX -PACK EXPRESS DALLAS SHIPPING CHARGES 38.09 990539 WATER ENVIRONMENT FEDERAT MEMBERSHIP RENEWAL 107.00 990645 METRO BUILDERS SUPPLY DISHWASHER 830.00 990735 SOUTHWESTERN BELL TELE 7/98 PLEXAR 44.88 990736 MCI TELECOMMUNICATIONS 7/98 USE 15.20 990737 PSO 7/98 USE 9,258.90 DEPARTMENT TOTAL =___> 16,480.27 .)TEWATER COLLECTION 990013 AT &T WIRELESS SERVICES PAGER USE 19.54 990172 DEPT OF ENVIRONMENTAL QUA DEQ EXAM FEE -DUGAN 40.00 CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY 128/98 8:25:48 A/P CLAIMS REPORT APAPVR PAGE: 17 "'PO # VENDOR DESCRIPTION AMOUNT '990433 PIONEER SUPPLY REPLACEMENT VALVE 2,140.80 990446 WATER PRODUCTS INC REPAIR /MAINT SUPPLIES 130.85 990452 KIMBALL ACE HARDWARE REPAIR /MAINT SUPPLIES 58.76 990453 CELLULAR & MOBILE TELEPHO 990211 USUABLE STEEL YARD HEADACHE RACK MATERIALS 108.43 INSTALL LT /REPAIR RADIO 990215 AT &T WIRELESS SERVICES PHONE USE -ALL 24.34 144.00 990217 YALE UNIFORM RENTAL UNIFORM CLEAN /RENT - 102.60 990737 990231 GEORGE & GEORGE SAFETY SAFETY BOOTS -ALL 213.00 '990433 PIONEER SUPPLY REPLACEMENT VALVE 2,140.80 990446 WATER PRODUCTS INC REPAIR /MAINT SUPPLIES 130.85 990452 KIMBALL ACE HARDWARE REPAIR /MAINT SUPPLIES 58.76 990453 GEORGE & GEORGE SAFETY SAFETY SUPPLIES 138.82 990471 CELLULAR & MOBILE TELEPHO CELLULAR PHONE CASES 19.99 990580 HOWARD STAMPER INSTALL LT /REPAIR RADIO 110.00 990657 WASTE MANAGEMENT SVS RENT VACTOR TRUCK 144.00 990734 OKLAHOMA NATURAL GAS 7/98 USE 135.62 990737 PSO 7/98 USE 628.77 a DEPARTMENT TOTAL =___> 4,015.52 7VUSE COLLECTIONS W W GRAINGER INC A/C REPLACEMENT 363.00 990163 WASTE MANAGEMENT OF OKLA TIPPING FEES 10,539.92 dm 990211 USUABLE STEEL YARD HEADACHE RACK MATERIALS 108.43 990217 YALE UNIFORM RENTAL UNIFORM CLEAN /RENT 104.00 990225 W W GRAINGER INC POLYCART REPAIR PARTS 838.81 990231 GEORGE & GEORGE SAFETY SAFETY BOOTS -ALL 317.50 990452 KIMBALL ACE HARDWARE REPAIR /MAINT SUPPLIES 81.95 990453 GEORGE & GEORGE SAFETY SAFETY SUPPLIES 180.54 990461 W W GRAINGER INC POLYCART PARTS 58.60 990582 LARSEN ELECTRONICS, INC. 2 -WAY RADIO PARTS 40.20 990584 WAL -MART FILM /BATTERY 15.91 990589 WAL -MART FILM DEVELOPING 6.82 990644 WILLIAMS REFUSE EQUIPMENT POLYCART PARTS 183.72 990665 DOZIER PRINTING ROUTE CHANGE NOTICES 111.65 DEPARTMENT TOTAL = = = => 12,588.05 ECYCLE CENTER IF-------------------------- 990013 AT &T WIRELESS SERVICES PAGER USE 7.22 '990163 WASTE MANAGEMENT OF OKLA TIPPING FEES 2,279.12 990217 YALE UNIFORM RENTAL UNIFORM CLEAN /RENT 23.00 990231 GEORGE & GEORGE SAFETY SAFETY BOOTS -ALL 71.01 990426 W W GRAINGER INC A/C REPLACEMENT 363.00 990452 KIMBALL ACE HARDWARE REPAIR /MAINT SUPPLIES 47.75 990544 WASTE MANAGEMENT OF OKLA RECYCLE - REFUSE 2,777.42 990581 MORTON MARINE INC REPAIR PARTS -GATE 164.00 990650 TREASURER PETTY CASH REIMB PETTY CASH 14.00 CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY 28/98 8:25:48 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT 990735 SOUTHWESTERN BELL TELE 990737 PSO DEPARTMENT TOTAL FUND TOTAL =___> 7/98 PLEXAR 7/98 USE 22.44 ----- ------ 5,946.34 ------------- 74,168.35 CITY OF OWASSO OPWA CAPITAL IMPROVEMENT FUND ,28/98 8:25:48 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT PT SERVICE 990=i 9068,W 90681 90681 BANK ONE BANK ONE OKLAHOMA OKLAHOMA OKLAHOMA DEPARTME! TRUST CO, NA TRUST CO, NA WATER WATER WATER 9T TOTAL IMPROVEMENTS OWRB LOAN OWRB LOAN SEMI ANNUAL PYMT SEMI ANNUAL INTEREST ADMIN FEE 990122 WALTERS MORGAN CONSTRUCTI WWTP IMP 11/5/96 DEPARTMENT TOTAL FUND TOTAL = =_ => 21,116.11 3,390.24 24,310.59 24,621.99 2,896.71 76,335.64 110,987.37 110,987.37 187,323.01 CITY OF OWASSO OPWA SALES TAX FUND '28/98 8:25:48 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT IMENUE BONDS 990001 BANK ONE TRUST CO, NA 990001 BANK ONE TRUST CO, NA DEPARTMENT TOTAL = = = => FUND TOTAL GRAND TOTAL 1997 REVENUE BONDS 1998 REVENUE BONDS 44,775.00 79,018.13 123,793.13 123,793_13 499,055.47 VENDOR TRANSFERS CITY GARAGE WORKERS' COMP SELF -INS GENERAL FUND TRANSFERS TOTAL CITY OF OWASSO OPWA A/P TRANSFER REPORT DESCRIPTION TRANSFER FROM OPWA TRANSFER FROM OPWA TRANSFER FROM OPWA AMOUNT 6,041.67 3,841.67 30, 000.00 39, 883.34 OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 08/15/98 DEPARTMENT OVERTIME TOTAL EXPENSES EXPENSES 6 52841 PW. dnnrusfraton Utility Billin,Q 0.00 1,796.46 Wastewater 450.02 5,728.10 24 APPROVED: 09/01/98 Chairman Trustee Trustee MEMORANDUM TO: CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: SHERRY BISHOP FINANCE DIRECTOR SUBJECT: SUPPLEMENTAL APPROPRIATION DATE: August 28, 1998 BACKGROUND: At the August 4, 1998 meeting, the City Council authorized the City Manager to pursue the purchase of two buildings, the PSO building and the Health Department building. Contracts for the purchase of those buildings by the City and the OPWA will be considered at the September 19 1998 meetings. Before contracts are approved, budgeted funds must be available. Both purchases will be funded from the General Fund unappropriated fund balance. The PSO building is proposed to be purchased by the OPWA Fund, Administration Department budget funded by a transfer from the General Fund. A supplemental appropriation increasing the transfer revenues and Administration Department expenses is requested. RECOMMENDATION: Staff recommends Trustee approval of a supplemental appropriation increasing transfer revenues by $375,000 and increasing Administration Department expenses by $375,000. MEMORANDUM TO: THE HONORABLE CHAIR & TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: JEFF HANCOCK CITY MANAGER SUBJECT: PURCHASE OF PSO BUILDING AT 310 WEST SECOND AVENUE DATE: August 28, 1998 BACKGROUND: Recently it was communicated to the City that the PSO building at 310 West Second Avenue was being offered for sale and that the City of Owasso would have the first opportunity to purchase said property. On June 3, 1997, the Owasso Facilities Planning Team communicated to the City Manager several facility needs of the City. Members of the Team consisted of Owasso citizens Susan Kimball, Paul Shireman, Melinda Voss, and Charles Wiley. City Councilors serving on the team were Mary Lou Barnhouse and Michael Helm. In addition, several City staff participated. One of the conclusions reached by the Team in their report was that the Public Works field operations should be relocated. "One option that was discussed was that of trying to obtain the PSO land and buildings for Public Works operations, but this possibility is uncertain at this time." On August 4, 1998, the Owasso City Council authorized the City Manager or his designee to make an offer of $375,000 on the PSO building on behalf of the City of Owasso, subject to the appropriate environmental audit. The City Attorney has been in contact with PSO's attorney and has proposed a few changes to their most recent proposed contract. As of this date we have not finalized the final contract, but anticipate agreement before the Authority meeting. RECOMMENDATION: Subject to an appropriate contract meeting approval of the City Attorney, staff recommends Trustee approval of said contract, authorization for the Chair to execute the document, and authorization for the City Treasurer to issue checks in the amount of $10,000 for earnest money and $365,000 for final payment at closing. RONALD D. CATES ATTORNEY AT LAW SUITE 680, PARKCENTAC: S25 SOUTH MAIN TULSA, OKI.AHONIA'74103 918/562 -7447 FACSIMILE TRANSMISSION DATE TIME TO FRO SUB NO. FAX: 016 / 682 -0t66 The information contained in the accompanying transmission is or may be protected by the attorney - client and /or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient, you are hereby noti- fied that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending the accompanying documents. If you have received this communication in error, please notify us immediately by tele- phone collect and return the original message to us at the above address via the U.S. Postal Service. We will reimburse you for postage. Thank you. PLEASE CALL (918) -182_7447 IF ALL PAGES ARE NOT RECEIVED OR IF THERE ARE ANY QUESTIONS. THANK YOU. MESSAGE CATES UNDERWOOD 9185820166 P.02 RONALD D. CATES Attorney at tjw Suite 080. ParkCentrc 525 South Main Tulsa. Oklahoma 74103 918 -582 -7447 Augusr 25, 1998 Mr Kevin C. Coutant Doerner, Saunders, Daniel & Andersor. 320 South Boston Tulsa, Oklahoma 74103 FAX 918 -5$2 -0100 via facsimile - 9181591 -5360 original in snail In Re: Your Client - Public Service Company of O::la.homa My Client - City of Owasso, Oklahoma Contract for Sale of Real Estate Dear Kevin: On the 21 st day of August, 1998, I received from Tulsa Properties, Inc, a facsimile transmittal of a proposed revised Contract for Sale of Real Estate between our clients I appreciate the modifications that were made as a result of our discussions, however, I have one remaining question as well as suggested alternative wording relating to such contract_ Initially, on paragraph one, item two, there is reserved a .right- of-way easement for all existing fiber optic and electricity transmission or distribution lines in, on or under the Property, all in the form satisfactory to Seller. My question is such phrase utilizes the word "existing" and therefor I am inquiring merely for purposes of confirmation of my interpretation that the reserved right -of -way easement does not contemplate any new easement which would in any way additionally burden the subject matter property. Likewise, in this regard, I would appreciate being provided a copy of a survey showing the existing right-of-way easement for the fiber optic and electricity transmission or distributions lines, on the tract for ray clients edification if such is readily available. Please accent my zpologies however, I continue to find paragraph three relating to title tsomewhat confusing In that regard, I am suggesting for your consideration the following modification. Beginning at the end of paragraph A I would recommend inclusion of the following, to -wit. "Buyer shall, upon receipt of such Owner's policy of Title Jnsurance from Seiler, have ten (10) days to have such title insurance commitment reviewed by an attornev of Buver's choice. Euyer, on or before expiration of such ten (10) day time period shall notify ,Seller in writing cf any exceptions or exclusions to title insurance appearing in the commitment which Buyer is requesting Seller to cure " I would recommend revision of B to provide as follows, to -wit CATES�UNDERWOOD P.03 Mr. Kevin C. Coutant ,August 25, 1998 Page 2 "Seller shall at it's option remove or cure ail items which constitute any exceptions or exclusions to title insurance coverage appearing in the commitment, (other than standard exceptions) such items being additionally defined in "Exceptions ". If Seller fails to remove or cure all exceptions within ten (10) days of having received written notification thereof from Buyer, then Buyer, at it's option may' (1) terminate this Contract by giving written notice thereof to Seller and the Title Company within five (5) days after expiration of the cure period allowed to Seller as set forth above, whereupon the a:!rnest money deposited hereunder shall be refunded to Buyer and neither party shall have any further rights or obligations hereunder, or (2) consummate the purchase of the property, subject to such exceptions " It is respectfully submitted that the foregoing eliminates the uncertainty at least to the extent experienced by myself, that arises by virtue of utilization of "effective date" and "inspection period" and sets forth certainty in terms of time frame for actions to be taken on behalf of the respective parties. If my understanding as to the right -of -way easement is correct and so confirmed as well as the foregoing suggested modifications are acceptable. I am prepared to recommend approval of the Contract for Sale of Real Estate to the City Council of the City of Owasso, Oklahoma. In that respect, it is the desire of the Adminstration of the City of Owasso, Oklahoma, that this contract be presented to the City Council at its next regular meeting on the I st day of September, 1998, beginning at 6:30 p.m. Hopefully, the foregoing requests will not prove problematical and we can have this Contract for Sale of Real Estate in revised farm for acceptance by the City Councit on such date. If, however, there are any problems with my question or recommendation, please do not hesitate to contact at your earliest convenience. 4 Sine r y, Ronald D Cates City Attorney RDC /nhc via facsimile: J Jeff Hancock w/ encl. - 9181272 -4999 Rob Stephens, Tulsa Properties, Inc. - 918/663 -6402 2780- 369.1kc 8/21/98 13:32 To:Ron Cates CATESiUNDERWUUD From:Oebby Coppage 7 1 t35tiLN 1 bb Y. H CONTRACT FOR SALE OF REAL ESTATE Page 2/9 THIS CONTRACT, entered into between PU13I,IC SF,RVICF COMPA-N�' Ol= OKLAHOMA a corporation ( "Seller "). and CITY OF OWASSO. ( "Buyer "), provides for the purchase and sale of certain real property ill accordance with the following terms and couditiolis: 1. SALE: Seller agrees to sell and convey to Buyer by warranty deed and Buyer agrees to purchase the following described real estate (tile "Property ") located at 310 West Second Street. Owasso. Oklahoma 74055: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN. together with all improvements thereon. (except the transmission tower acid relzi(ed building and equipment which shall be removed by Seller prior to Closing) if any, stibject to the reservation by Seller at closing of (1) a perpetual, eXclusive easenietit not larger than 50 feet by 50 feet which will be used for fiber optics facilities with appropriate access thereto, the exact location of which will be determined by survey prior to closing and be subject to the inut,al approval of Buyer and Seller and (2) a right of way easement for all fiber optic and electricity transmission or distributioli lines itt, on or under flue Property, all in form satisfactory to Seller. 2. PURCHASE PRICE: The total purchase price is _Three Hundred Seventy Five_ Thousand Dollars ($_375,000.00) payable by Buyer as follows: A. Teti Thousand Dollars ($ 10.000.00) on execution of tills Contract, receipt of which is acknowledged by Seller. as earnest nioney and part pa�-tiieni of the purchase price; B. The balance of the purchase price ill cash. cashier's elieck or certified check upon delivery of the deed (the "Closille "). 3, TITLE: Within Ten (1c ) days aller the complete execution of this Contract: A. Seller shall. at Sellers sole cost and expense. cause a title company of its choice (the "Title Company'') to issue and deliver to Seller its cull,clit commitment for alt Owner's Policy of Title Insurance specifying Buyer as prospective Owner, showing the Purchase Price as the prospective policy amoutit of the Ov,vier's Title Insurance Policy, showing the status of title to the property. mid : homog. all eXception5 (including. but not limited to. eaSeli1c:111S, rCS11101OnS. 1'1211ts-or-vvay- covenants. reservations. encumbrances, liens and other conditions. if anm aflectiuv- the property) which would appear ill an Owner's Policy of Title Insurance, if issued. 10/21/90 13:32 j0:Ron Cotes From :0ebby Coppage Page 3/9 1 B. At or prior to tell (10) dav:s atier the F.11ective Date . Seller shall at its option remove or cure all items which constitute any exceptions or exclusions to title insurance coverage appearing in the Cotlmlltnical (olllcr than standard exceptions). such items being additionally defined in "Exceptions." It' Seller. by not later than '-the end of the inspection period . fails to reluovc or cure all Exceptions, then Buyer, at its option, rnay: , (1) terminate this Contract by giving written notice thereof to Seller and the Title Company on or before live (5) days alter the Effective Dale_. whereupon the earnest money deposited lterewtder shall be refunded to Buyer and neither party shall have any further rights or obligations hereunder, or (2) consunlniate the purchasa of the Property, subject to such Exceptions. 4. TAXES AND PRORA.TIONS: A. Tile Seller shall pay ill full: (i) all special assassntents against the Property upon the date of Closing, whether or not payable in installments; (ii) all taxes, other than genet,tl ad valorem taxes for the current calendar year, which are a lien vn the Property upon the date of Closing; 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 Properly. B. The following items shall be prorated between the Seller and 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 then been tixrd. the proration shall be based upon the rate of levy for the previous calendar year. Any closing fees charged by the Title Company will be shared equally by Seller and Buycr. The title insurance premium will be paid by Buyer. If this tale or Buyer's uxe of tine Property after closing results in the assessment of additional taxes for periods prier- to closing. the additional taxes shall be the obligation of Buyer. If Seller's change ill use of the Property prior to closing or denial of a special use valuation on the Property claimed by Seller results in the assessment of additional taxes for period prior to closing. the additional takes shall be the obligation of Seller. Obligations imposed by this paragraph shall survive closing. C. Seller will pay (1) the cost (including recording fees) of ally title curative documents; (2) one -half (r /-,) the Closing fee of the Title Conlpan,•; and (3) documentary stamps or any other transfer taxes required in connection with tiling of the deed. Buyer Nvill pay (1) one -half (' /z) the Closing fee of the Title Company; (2) the cost of recording the warranty deed; and (3) the premium due 1013 the title insurance policy. Each party will pay the cost of its own legal counsel incurred in connection with negotiating and closing this Agreement_ 5. CONDITION OI= I'ROPF,RTY": A. The Property is being sold AS IS — WHERE IS without representation or warranty. express or implied. Buyer acknowledges that Buyer.lias conducted its own inspection of the Property and is relying solely trport such inspection to determine the condition of the Properfi B. Until Closing or transfer of possession, risk of loss to Property_ ordinary wear mid tear excepted, shall be upon Seller. After Closing or transfer of possession, such risk shall be upon Buyer. 6. NOTICE TO BUYER: A. Seller advises Buyer to ha,,-e the title insurance cominibrrent promptly reviewed by an attorney of Buyer's choice due to the time liatlitations orr Buyer's right to object. B. If the Property is situated in the State of Texas and in au utility or other statutorily created district providing water. sewer, drainage. or flood control facilities and services, Chapter 50 of the Texas Water Code requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate. bonded indebtedness. or standby fee of the district prior to final execution of this Contract. 7. CLOSING: The Closing shall be held on or- before Qetober 30, 1998 . At or prior to Closing, Seller shall deliver to Boyer a duly executed and acknowledged warranty deed conveying the ,Property subject to uncured Exceptions. easements and restrictions of record and taxes not yet due to Buyer for delivery to Buyer upon paytttent of the Purchase Price. Unless otherwise agreed in writing, possession shall be transferred at Closing. 8. BREACH OR FAILURE TO CLOSE: If after fire Scller has performed Seller's obligations tinder this Contract, the Buyer fails to Make (lie payments or to perform any other obligation of the Buyer under this Contract. then all sunis theretofore paid oil the purchase price sliall, at the option of the Seller, be retained for luluidatcd damages for the breach of this Contract by the Buyer. The Seller and Buyer agree that such amount is a reasonable amoturt for liquidated damages and that it would be unpractical and extremely difficult to determine actual damages. If Seller breaches this Contract or fails to perform any of Seller's obligations hereunder, then Buyer shall be entitled. as all exclusive remedy, to cancel and terminate this Contract, return the abstract to Seller. and receive a refined of the earnest money. 9. SPECIAL CONDITIONS: Tlie obligations of tite Seller are expressly contingent upon the follo,virtg: 09/21/98 13:32 To:Ron Cates From:Debby Cappagc Page 5/9 A. The approval of this Contract by the Board of Directors ol, Seiler scheduled for late October. 1998. MISCELLANEOUS: A. This Contract. Nvben eNecuted by both Seller and Buyer, shall be binding upon and inure to t11e henetit of Seiler and Buyer. their Heirs. legal representative. successors and assigns. This Contract sets forth the complety undarstanding cif Seller and ' Buyer and supersedes all preVious tnegotiations and agreements between them and their agents. This Contract can only be intended or Modified by a writtetl agreement signed by ' Seller and Buyer. The prevailing party in any action based upon this Contract shall he entitled to recover judgment for its reasonable attorneys fees and costs. rime is oi' the essence of this Contract. B. The following supplemental agreements, if arty, are attached and become part of this Contract: Exhibit " ,A " tbrough Exhibit " C " C. As referred to herein. isle terns "EtIective hate" shall refer to tliQ date upon which this Contract is executed by Seller and Buyer. APPROVED BY BUYER: This day of _ 1998. CITY OF OWASSO By: Name: Title: Mailing Address: APPROVED BY SELLER: This -- day of 1998• PUBLIC SERVICE COMPANY Or OKLAHOMA By: Name: Tiila: Mailing Address: CSWSI060 08/21/98.13:32 To:Ron Cates CATES- UNDERWOOD From:Oebby Coppage E'XIIJBIT "A" 91882 66 P.09 Page 7/9 A tract of 3.7 acres, nwre or less, lactated in Section 30. TONVtiship 21 North Range 14 East, to the City of Owasso. Tulsa County. Oklahot11a, as described in Mat dead from Larkin Bailey to PUBLIC SERVICE COMPANY OF OKLAHOMA recorded in l3opk 3955, Page 1035, less 0.828 acres as per deed from PUBLIC SERVICE COMPANY OF OKLAHOMA to Phillips recorded in Book 4749, Page 781. and less the South 50 .lcel for road purposes_ CM1060 8/21/98 13:32 To:Ron Cates CATESiUNDERWOOD 4185820166 P.10 From:Oebby Coppage Page 8/9 E"NIIIBIT • 13" Agency Disclosure /Conuniasaon M The parties to this tranxaction hereby acknowledge that, prior to the parties entering into tills Contract. the following disclosures were clearly made to each of the parties. " The Listing Brokers, Tulsa Properties, Inc. is acting as the agent of the Seller. The Buyer and Seller mutually warrant aid represent that Tulsa Properties, Inc. is tbe only Broker involved in this transactiou. CSWS1060 88/21/98 ,13:3Z To:Ron Cates From:Oebby Coppage Page 9/9 1. Within ten (10) days after the Fffective Date. Seller shall supply 13uyer—N"1111 ' copies of environmental studies which Seller has had done on the property within the last two (2) years. 2. Within ten (10) days after the Effective Date, Seller shall supply tv , , Bt , er wail an appraisal completed May 23. 1997. 3. Seller expressly disclaims any and all mpresentativtts and wacrattties. express or implied, regarding the environmental studies and appraisal described above. Buyer acknowledges and agrees that it is obtaining the game for information purposes only and that it is relying exclusively upon its Own itivestigation(s) of the allatters covered by the same in connection with the purchase cif the Property. 4. If within twenty (20) days after the Effective hate, Buyer determines (bat the condition of the Property is not satisfactory to Buyer, itl its sole iudgment, Buyer niav terntinate this Contract by giving written notice thereof to Seller within said twenty (20) day period ( "Inspection Period "). CSNVS l O60 OWASSO FROM; RKS AUMORr,Y SHERRY OR 1998 REVERE BOND P DATE: ROCEEDS August 28, 1998 After a vote of the to fund capital irn citizens in October Project F Provement of 1997 revenue bond' aPProved a bud rOJects. In Jams the OPWA issued ants s were ed get and the transfer ary 1998, the $8.5 million in the Project r the ppWA per the ppWA in r of sales tax caY.Council authorizvenue bonds Account. he Bond Inden March and the T Plta1 future fund ed the Bond ture. The rustee Bank monies. The Dung the fiscal Proceeds of the bonds we staff realized close ) established eahzed that the bonds were deposited in se out and the The ppWet has been aPp bond pro the' o ration Of the Cit 's by the Project Account Y consolidated City Council ant' are still financial re but the cash has not beent ansffance sheet. erred from SStaff rec the Ommends that the e amOunt of Trustees authorize Bond Projects Fund' 342, 7 nze and. 51.51, and interest accrued in of the 199$ R n the amount of $120,636.99 evenue Bond proceed to s the City,