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Home My WebLink About1998.12.15_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY TYPE OF MEETING: Regular DATE: December 15, 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, December 11, 1998. Marc Boutwell, Authority Secretary AGENDA 1. Call to Order 2. Invocation Allan Harder Human Resources Department 3. Flag Salute 4. Roll Call 5. 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. A. Approval of the Minutes of December 1, 1998 Regular Meeting. Attachment #5 -A B. Approval of Claims. Attachment #5 -B Owasso Public Works Authority December 15, 1998 Page 2 Ilk 6. Consideration and Appropriate Action Relating to a Request for Trustee Approval of Resolution ' #98 -07, a Resolution Establishing Per Acre Assessments for Recoupment of Costs Associated FP With the Elm Creek Interceptor Sewer Project. Mr Cates Mr Lutz Attachment #6 ' The staff will recommend Trustee approval of Resolution #98 -07. 7. Consideration and Appropriate Action Relating to Resolution #98 -08, a Resolution Authorizing the Owasso Public Works Authority (the "Authority ") to Issue Its Utility and Sales Tax Revenue Note, Series 1998 (the "Note ") in the Aggregate Principal Amount of $1,200,000; Waiving Competitive Bidding and Authorizing the Note to be Sold on a Negotiated Basis; Ratifying and Confirming the Lease, as Amended by the Amendment to Lease, By and Between the City of Owasso, Oklahoma (the "City ") and the Authority Pertaining to the Leasing of the City's Utility Systems to the Authority; Approving and Authorizing Execution of the Note and Other Documents Relating to the Transaction, Including a Loan Agreement, a Security Agreement and a Sales Tax Agreement; Establishing the Authority's Reasonable Expectation with Respect to the Issuance of Tax - Exempt Obligations by the Authority in Calendar Year 1998, and Designating the Note as Qualified Tax - Exempt Obligation with Respect to the Financial Institution Interest Deduction Provisions Contained in the Internal Revenue Code of 1986, as Amended (the "Code "); and Containing Other Provisions Related Thereto. Ms Bishop Mr Cates Attachment #7 The staff will recommend Trustee approval of Resolution #98 -08. rl I I Owasso Public Works Authority December 15, 1998 Page 3 8. Consideration and Appropriate Action Relating to a Request for Trustee Approval of Resolution #98 -09, a Resolution Evidencing the Owasso Public Works Authority's Intent to Issue Tax - Exempt Notes or Bonds to Reimburse Itself for Expenditures Made in Connection With Phase II of the Wastewater Treatment Plant Improvements, With Said Tax- Exempt Obligations to be Issued in the Principal Amount of Not to Exceed $8,500,000; and Containing Other Provisions Relating Thereto. Ms Bishop Mr Cates Attachment #8 The staff will recommend Trustee approval of Resolution #98 -09. 9. Report from OPWA Manager 10. Report from OPWA Attorney 11. New Business 12. Adjournment u II II OWASSO PUBLIC WORKS AUTHORITY MINUTES OF REGULAR MEETING Tuesday, December 1, 1998 The Owasso Public Works Authority met in regular session on Tuesday, December 1, 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 Wednesday, December 1, 1998, and Addendum to Agenda posted on the City Hall bulletin board at 10:00 a.m. on Monday, November 30, 1998. ITEM 1: CALL TO ORDER Chairman Bode called the meeting to order at 6:40 p.m. IITEM 2: FLAG SALUTE rThe flag salute was given during the City Council meeting preceding this meeting. 1 1 1 ITEM 3: ROLL CALL PRESENT Denise Bode, Chair Mary Lou Barnhouse Trustee Melinda Voss, Trustee Duston Smith, Trustee STAFF Jeff Hancock, City Manager Ronald D Cates, Authority Attorney Marcia Boutwell, Authority Secretary ABSENT Mark Wilken, Vice Chair ITEM 4: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. A. Approval of the Minutes of November 17, 1998 Regular Meeting. B. Approval of Claims Ms Barnhouse moved, seconded by Ms Voss, to approve the consent agenda. The consent agenda included minutes of the November 17, 1998 regular meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) OPWA Fund $30,261.15; (2) OPWA Capital Improvement Fund $28,533.84; (3) OPWA Sales Tax Fund $120,765.41; (4) Payroll $29,024.17. AYE: Barnhouse, Voss, Smith, Bode NAY: None Motion carried 4 -0. Owasso Public Works Authority December 1, 1998 ITEM 5: CONSIDERATION AND APPROPRIATE ACTION RELATING TO TRUSTEE APPROVAL OF A CONSENT ORDER WITH THE OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY Mr Carr said that on June 18, 1998, representatives from the Oklahoma Department of Environmental Quality conducted their yearly compliance evaluation inspection at the wastewater treatment facility. A reported received on July 24, 1998 indicated the following violations: 1. Numerous unpermitted discharges from the collection system have been documented since the last inspection; 2. Sludge handling practices allow sludge to be discharged out of a storm drain. This discharge needs to be eliminated; The supervisor of collection and distribution is required to have a "C" operator's license for both wastewater and water. City staff met with DEQ representatives on September 3, 1998, and some modifications were made to scheduled design/construction activities at the plant. DEQ has now issued a Consent Order detailing actions that need to be taken. The Public Works staff has begun taking action in response to the Consent Order. These actions include elimination of bypasses in the vicinity of the 106th St Lift Station occurring with the construction of the North Owasso Interceptor; location and raising of manholes in low -lying areas, eliminating roof drain connections, and smoke testing to determine possible sources of infiltration in older sections of the collection system; and a plan to transfer a portion of the wastewater flow from Ator to the Ranch Creek Interceptor. Mr Smith moved, seconded by Ms Barnhouse, to approve the Consent Order (Case No 998 -288), and authorize the Chair to execute the document. AYE: Smith, Barnhouse, Voss, Bode NAY: None Motion carried 4 -0. , ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO CHANGE , ORDER #1, A CHANGE ORDER TO A CONTRACT BETWEEN THE OWASSO PUBLIC WORKS AUTHORITY AND HMG FOR CONSTRUCTION OF THE ELM CREEK INTERCEPTOR SEWER PROJECT Mr Lutz presented the item, stating that the Elm Creek Interceptor project is to construct approximately 2.4 miles of 21 -inch sanitary sewer line and associated structures. The contract was awarded to HMG Inc on September 8, 1998 in the amount of S 1,496,469.20. The Notice to Proceed 2 IOwasso Public Works Authority December 1, 1998 ' was issued on October 27`h. In order to obtain an easement along the western portion, a realignment is necessary to comply with landowner requirements. The revised alignment results in deeper ' excavation in stone and requires use of ductile iron pipe rather than the less expensive PVC pipe. The proposed change order also includes items required for easement acquisition on other properties, including minor shifts in alignment, drop manholes and tap risers for future connections. The ' proposed change order amount is $89,560.55 and also allows for a 60 -day time extension. The new completion date is April 26, 1999. No previous change orders have been issued for this project. Ms Voss moved, seconded by Ms Barnhouse, to approve Change Order #I to a contract with HMG Inc, ' increasing the amount by $89,560.55, for a total contract amount of $1,586,029.75; and granting a time extension of 60 days to April 26, 1999. AYE: Voss, Barnhouse, Smith, Bode NAY: None Motion carried 4 -0. ' ITEM 7: REPORT FROM OPWA MANAGER No report. ITEM 8: REPORT FROM OPWA ATTORNEY ' No report. ITEM 9: NEW BUSINESS None. ITEM 10: ADJOURNMENT ' Ms Barnhouse moved, seconded by Ms Voss, to adjourn. AYE: Barnhouse, Voss, Smith, Bode ' NAY: None Motion carried 4 -0, and the meeting was adjourned at 6:50 p.m. 1 1 Marcia Boutwell, Authority Secretary 3 Denise Bode, Chairperson CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY 12/11/98 6:59:15 A/P CLAIMS REPORT APAPVR PAGE_ 13 PO # VENDOR DESCRIPTION AMOUNT - "--- - - - - -- ------------------- - - - - -- --------------- - - - - -- ?WA ADMINISTRATION ----------------------- - - - - -- 990003 RONALD D CATES RETAINER 700.00 vu 990003 RONALD D CATES LEGAL SERVICES 380.00 990214 WESTERN BUSINESS PRODUCTS COPIER MAINTENANCE 316.12 '990215 990215 AT &T WIRELESS SERVICES AT &T WIRELESS SERVICES PHONE USE -CARR PHONE USE - ROBERTS 43.10 15.39 990286 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 84.69 991353 LASERWORKS PRINTER CARTRIDGES 98.00 DOZIER PRINTING OFFICE SUPPLIES 30.00 '991404 991414 BUILDER'S SQUARE VINYL TILES 25.22 991488 TREASURER PETTY CASH OFFICE SUPPLIES 26.33 PSO 11/98 USE 112.83 '991520 991537 MCI TELECOMMUNICATIONS 10/98 USE 56.38 DEPARTMENT TOTAL =___> 1,888.06 UTILITY ----------------------------- BILLING 990723 BRANDON HAMILTON METER READER 282.15 990723 BRANDON HAMILTON METER READER 94.05 990724 OSCAR MCLAURIN METER READER 283.50 990724 OSCAR MCLAURIN METER READER 186.15 990725 RANDY ALEXANDER METER READER 347.40 990726 BRAD SPARKMAN METER READER 256.05 990726 BRAD SPARKMAN METER READER 154.80 990727 TYRONE DINKINS METER READER 262.35 990727 TYRONE DINKINS METER READER 309.60 990775 MARK MEYER METER READER 344.05 991003 ERIC MIKEL METER READER 217.80 991489 RETHERFORD PUBLICATIONS LEGAL NOTICE 205.70 DEPARTMENT TOTAL =___> 2,943 -60 FvATER ------------------------------ 1 990215 AT &T WIRELESS SERVICES PHONE USE -ALL 30.99 990217 YALE UNIFORM RENTAL UNIFORM CLEAN /RENT 120.00 990422 CUNNINGHAM PLUMBING METER SETS 4/21/98 17,989.64 ' 990448 WATER PRODUCTS INC REPAIR /MAINT SUPPLIES 422.65 990450 WATER PRODUCTS INC REPAIR SUPPLIES 20.00 990450 WATER PRODUCTS INC WATER METERS 9/15/98 10,683.60 990663 BROWN FARMS SOD SOD- REPAIRS 35.00 �' 991105 W W GRAINGER INC DEHUMIDIFIER 212.23 CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY 12/11/98 6:59:15 A/P CLAIMS REPORT APAPVR PAGE: 14 PO # VENDOR DESCRIPTION AMOUNT -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- 991345 CITY OF TULSA PURCHASED WATER -10/98 97,777.74 991393 CITY GARAGE REPAIRS 11/98 775.24 991406 OWASSO MOWER CENTER MAINT /REPAIR SUPPLIES 47.19 991520 PSO 11/98 USE 237.31 991537 MCI TELECOMMUNICATIONS 10/98 USE 3.97 DEPARTMENT TOTAL = = = => 128,355.56 WASTEWATER TREATMENT PLANT ------------------------ - - - - -- 990217 YALE UNIFORM RENTAL UNIFORM CLEAN /RENT 62.40 990227 SHERRY LABORATORIES INC SLUDGE ANALYSIS 200.00 990286 OFFICE DEPOT CARD PLAN OFFICE SUPPLIES 79.97 990469 FISHER SCIENTIFIC LAB SUPPLIES 76.28 990470 ADVANCED CHEMICAL CHLORINE 810.00 991230 SAND SPRINGS SAND & GRAVE GRAVEL- SLUDGE BEDS 241.12 991286 OPS SYSTEMS SOFTWARE PACKAGE 900.00 991407 WASTE MANAGEMENT OF OKLA TIPPING FEES 257.02 991520 PSO 11/98 USE 7,003.09 991537 MCI TELECOMMUNICATIONS 10/98 USE 13.43 DEPARTMENT TOTAL = =_ => 9,643.31 WASTEWATER COLLECTION ------------------------ - - - - -- 990215 AT &T WIRELESS SERVICES PHONE USE -ALL 27.69 990217 YALE UNIFORM RENTAL UNIFORM CLEAN /RENT 41.60 991122 WAYEST SAFETY, INC. BACKUP SENSOR 145.00 991231 ERICSSON INC RADIO REPLACEMENT 800.96 991248 W W GRAINGER INC AIR COMPRESSOR /FITTINGS 636.43 991341 HMG INC ELM CREEK SEWER 6/16/98 259,925.00 991354 AMERICAN HOSE & SUPPLY HOSE FOR JETTER 121.75 991393 CITY GARAGE REPAIRS 11/98 486.65 991488 TREASURER PETTY CASH REIMB PETTY CASH 5.85 991488 TREASURER PETTY CASH REIMB PETTY CASH 3.00 991520 PSO 11/98 USE 427.21 DEPARTMENT TOTAL = = = => 262,621.14 REFUSE COLLECTIONS ------------------------ - - - - -- 990217 YALE UNIFORM RENTAL UNIFORM CLEAN /RENT 83.20 990661 WILLIAMS REFUSE EQUIPMENT REFUSE TRUCK 8/18/98 118,400.00 CITY OF OWASSO ' OWASSO PUBLIC WORKS AUTHORITY 12/11/98 6:59:15 A /P.CLAIMS REPORT APAPVR PAGE: ' PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- II RECYCLE CENTER -------- - - - - -- V-990217-YALE-UNIFORM RENTAL 991407 WASTE MANAGEMENT OF OKLA 991520 PSO DEPARTMENT TOTAL = = = => 1 FUND TOTAL = = = => 1 UNIFORM CLEAN /RENT TIPPING FEES 11/98 USE 307.64 485.84 5,730.72 19.00 125,026.40 18.40 2,272.91 125.11 2,416.42 532,894.49 15 991393 CITY GARAGE REPAIRS 11/98 991393 CITY GARAGE REPAIRS 11/98 991407 WASTE MANAGEMENT OF OKLA TIPPING FEES ' 991488 TREASURER PETTY CASH REIMB PETTY CASH DEPARTMENT TOTAL = = = => II RECYCLE CENTER -------- - - - - -- V-990217-YALE-UNIFORM RENTAL 991407 WASTE MANAGEMENT OF OKLA 991520 PSO DEPARTMENT TOTAL = = = => 1 FUND TOTAL = = = => 1 UNIFORM CLEAN /RENT TIPPING FEES 11/98 USE 307.64 485.84 5,730.72 19.00 125,026.40 18.40 2,272.91 125.11 2,416.42 532,894.49 15 VENDOR TRANSFERS CITY GARAGE WORKERS' COMP SELF -INS GENERALFUND 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 12/05/98 MA DEPARTMENT OVERTIME TOTAL EXPENSES EXPENSES OPWA Administration 0.00 $7,101.65 Utility Billing 0.00 1,796.46 Water 224.64 3,065.08 Wastewater 230.27 6,693.43 Wastewater Collection 386.91 4,318.60 Refuse 81.41 5,123.65 Recycle Center 0.00 1,539.06 FUND TOTAL $923.23 $29,637.93 APPROVED: 12/15/98 Chairman Trustee Trustee MEMORANDUM TO: HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY ' HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: RON CATES CITY ATTORNEY SUBJECT: RESOLUTION NO. 98 -07 AND CITY ORDINANCE NO. 5% ESTABLISHMENT OF ASSESSMENTS ELM CREEK INTERCEPTOR SEWER PROJECT M DATE: December 8, 1998 BACKGROUND: Development in Owasso's eastern sector between 76th and 96th Streets North is occurring at a record pace. In order to be proactive to the infrastructure needs generated by such development, the City has begun the first work toward improvements recommended in the Wastewater Master Plan. The Elm Creek Interceptor Sewer will provide service for current and future demands and eliminate the need for interim lift stations and associated piping proposed in the master plan ' short -term analysis. The City has opted through previous Council and OPWA actions to advance the cost for the interceptor line. Provision must now be made for payback of project costs consisting of loan closing and interest costs, engineering, easement acquisition and construction ' which will be allocated on a per -acre basis as future development occurs within the Elm Creek Interceptor basin. Project costs include installation of the interceptor line, a contingency amount for possible future contract modifications, the first phase of upgrading the 117th E. Avenue lift ' station and purchase of The Greens temporary lift station for future City use (see attached Resolution, Exhibit "A "). Trustee action on June 16, 1998 approved award of the Elm Creek Interceptor Sewer project to HMG, Inc., Kansas City, Kansas, in the amount of $1,496,469.20. One Change Order increased the contract amount to $1,586,029.75. The Elm Creek Interceptor drainage basin has been established to define the limits of ' developable acreage subject to payback of project costs (see attached Resolution, Exhibit "B ") Areas identified are differentiated from those already developed with septic systems or served by the City system. Funding via a low- interest private sector loan and a revenue anticipation note was approved by the OPWA on August 4, 1998. 1 RESOLUTION: Staff will propose a resolution to the OPWA to establish an assessment for recoupment of costs for the Elm Creek Interceptor project (see attached Resolution). The assessment shall be $1,580 per acre and will apply to the area defined on Resolution No. 98 -07, Exhibit "B" (Drainage Area map). ORDINANCE: State law requires that any rate structure established by the OPWA be approved by the City Council. An enacting ordinance will fulfill this requirement. RECOMMENDATIONS 1. Staff recommends that the Trustees establish the proposed Resolution No. 98 -07 for recoupment of Elm Creek Interceptor Sewer costs defined in Exhibit "A" and acreage as defined on Resolution Exhibit "B " for a rate of $1,580 per acre. 2. Staff recommends to the City Council Ordinance No. 596 for approval of the Resolution No. 98 -07 rate structure. ATTACHMENTS: 1. Resolution No. 98 -07 2. Ordinance No. 596 1 OWASSO PUBLIC WORKS AUTHORITY OWASSO, OKLAHOMA RESOLUTION NUMBER 98-07 A RESOLUTION OF THE TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY RELATING TO THE ELM CREEK INTERCEPTOR SEWER PROJECT, ESTABLISHING PER ACRE ASSESSMENTS FOR RECOUPMENT OF COSTS ASSOCIATED WITH THE ELM CREEK INTERCEPTOR SEWER PROJECT IN THE ELM CREEK DRAINAGE BASIN, CITY OF OWASSO, COUNTY OF TULSA, STATE OF OKLAHOMA RECITALS WHEREAS, the Trustees of the Owasso Public Works Authority have been requested by developers and land owners in the Elm Creek Drainage Basin to construct a sewer trunk line system for the collection of solid waste in such area; WHEREAS, the construction of the Elm Creek Interceptor Sewer to accomplish such request results in expenditures on the part of the Owasso Public Works Authority in those amounts as set forth on Exhibit "A' hereto, same being incorporated herein by reference thereto; WHEREAS, by virtue of representation on the part of developers and owners of the properties lying within the Elm Creek Drainage Basin, the Owasso Public Works Authority, on behalf of it's beneficiary hereof, the City of Owasso, Oklahoma, should provide for a mechanism for recoupment of the costs associated with the Elm Creek Interceptor Sewer Project; and, ' WHEREAS, the Trustees of the Owasso Public Works Authority by virtue hereof hereby for recoupment of the costs associated with the Elm Creek Interceptor Sewer create a mechanism Project as provided hereinafter. NOW, THEREFORE, BE IT RESOLVED BY THE TRUSTEES OF THE ' OWASSO PUBLIC WORKS AUTHORITY, TO -WIT: Section One: The Trustees of the Owasso Public Works Authority hereby establish the ' Elm Creek Drainage Basin as being that area depicted on the map attached hereto, made a part hereof, and marked as Exhibit "B" hereto. Section Two: That the Trustees of the Owasso Public Works Authority hereby establish ' as the assessment area lying within the Elm Creek Drainage Basin that area as depicted by the portions illustrated on Exhibit `B" hereto in green. ' Section Three: That the portions set forth on Exhibit `B" hereto, same being the assessment area shall be and same hereby are assessed costs in the amount of $1,580.00 per acre for recoupment of the costs associated with the Elm Creek Interceptor Sewer Project. Said assessment shall be due and payable only upon the connection of any development properties located within the Elm Creek Interceptor Sewer assessment area to the Elm Creek Interceptor Sewer trunk line heretofore referred to. Section Four: That insofar as any other properties within the Elm Creek Drainage Basin but not within the above defined assessment area, such property, being depicted by the portions illustrated on Exhibit `B" herein in grey, shall be assessed an amount as determined on a case by ' case basis by the Trustees of the Owasso Public Works Authority. DATED this 15th day of December, 1998. OWASSO PUBLIC WORKS AUTHORITY I By: ATTEST: Marcia Boutwell, Secretary APPROVED AS TO FORM: Ronald D. Cates, Authority Attorney 2780- 362.rpw Denise Bode, Chairman ELM CREEK INTERCEPTOR SEWER COST TABULATION November 1998 1. Contract, HMG. Inc. $1,496,469.20 2. Change Order #1 89,560.55 3. Easement Cost 230,214.00 (See Attached) 4. Elm Creek Engineering 90,000.00 Crafton, Tull & Associates 5. 117th Street Lift Sta. Engineering 40,000.00 Crafton, Tull & Associates 6. 117th Street Lift Sta. Construction, Phase I 50,000.00 7. Temporary Lift Station, The Greens 50,000.00 Subtotal, Estimate Direct Cost $2,046,243.75 Contingency, 10% 200,000.00 Total, Direct Cost and Contingency $2,246,243.75 8. Estimated Interest 262,638.25 (Base on an approximate 7 -year payback) TOTAL ESTIMATE, PROJECT COST $2,508,882.00 PAYBACK PER ACRE OF DEVELOPMENT 1. Elm Creek Drainage Basin $2,508,882.00 at 1,587.9 acres = $1,580 per acre ELM CREEK INTERCEPTOR SEWER COST ESTHviATES FOR ACQUIRING EASEMENTS 1. Cash Payments $135,063 2. Abstract U tes 2,400 3. Com )en ion for Lost Trees 92,751 (Maximum exposure) TOTAL $230,214 � 0 OQ 1 06TH BAILEY RANCH EL RIO ESTATES NSTA KELLEY ANN COMBS COV NTRY CA DENS 96TH CAUDLE ESTA TES Z Q � k¢ FAIRWAYS LAKE R I 86TH SOUTHERN LINKS 0 0 Z_ L 76 66T EXISTING I ITTH E. AVE. LIFT STATION W W :, CT1fiN W COU TRY —1 TTON EST. ] STREET 7 NORTH W C W AREA ACREAGE ND NEW W W Q HUFF D EST. A= 58.5 Z �Q B = 23.9 EAGL£S W C — — 193.0 GLEN —MUR O O L X M HOMES Q D = 14.9 O NEL AQ- CITY HEW U U HTERR NORTH _ .0 E 80 Q F = 139.0 :::............... MORGANS AC G= 85.4 w (n H= 208.7 Q , }{$$«�p� I = 25.8 Q W LEGEND �,QQ K= 40.0 W ;i :Fil s:is::i'i;' �:-: : ;;;;::;..4 .... ;:::: STREET TH NORTH R N 5 ........... .. .. . ... .. E5!:.''!:!::::::::: ...... N= 20.5 M ORGANS AC F DEVELOPED ACREAGE 0= 103.2 N 5i: `_`..... 2ND. P = 5.0 WIND 50.4 LAKE II IO 0 = 17.5 ...... NORTH R= 180.0 S = 178.0 EST. /� L+ �+ CITY OF OWASSO ;;.::�s: r CREEK ELM CREEK INTERCEPTOR DRAINAGE AREA REVISED NOVEMBER 1BOS PUBLIC WORKS DEPARTMENT r CAMDEN PA K . ..... 2ND. is� ..... '. : .......... : :.. :.. :: HUN TER S GLEN ESTATES GREEN MEADO L o.voiur ihr '' ? COLLAR STS. RAM N BRENTNOOD : i.' S: iia;:;:`::'i`:::ir`si:'i::::`::: ?;ii: vAn— LErSTREET NORTH #...#�'`.._......,....� ,...1- :_:�__:::::::.I I I I I . ...._ { :, CT1fiN COU TRY —1 TTON EST. ....,.: .: #`' : ' C AREA ACREAGE HUFF D EST. A= 58.5 B = 23.9 EAGL£S C — — 193.0 N D = 14.9 S NORTH _ .0 E 80 F = 139.0 :::............... G= 85.4 .. H= 208.7 I = 25.8 LEGEND J = 17.3 K= 40.0 DRAINAGE AREA BOUNDRY L= 12.4 OWASSO CITY LIMITS M= 205.0 I UNDEVELOPED ACREAGE N= 20.5 B F DEVELOPED ACREAGE 0= 103.2 N AREA SERVED WITH CITY SEWER P = 5.0 IO 0 = 17.5 STREET NORTH R= 180.0 S = 178.0 EST. /� L+ �+ CITY OF OWASSO TOTAL= 1.587.9 PROPOSED ELM INTERCEPTOR CREEK ELM CREEK INTERCEPTOR DRAINAGE AREA REVISED NOVEMBER 1BOS PUBLIC WORKS DEPARTMENT CITY OF OWASSO, OKLAHOMA ORDINANCE NUMBER 596 AN ORDINANCE APPROVING THE OWASSO PUBLIC WORKS AUTHORITY RESOLUTION NUMBER 98 -07, ESTABLISHING PER ACRE ASSESSMENTS FOR ELM CREEK INTERCEPTOR SEWER PROJECT AND DECLARING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Section One: Resolution Number 98 -07 of the Trustees of the Owasso Public Works Authority, a public trust having the City of Owasso, Oklahoma, as its beneficiary, establishing per acre assessments for recoupment of the costs associated with the Elm Creek Interceptor Sewer Project be, and same hereby is approved. Section Two: This ordinance shall become effective thirty days from the date of first publication as provided by state law. DATED this 15th day of December, 1998. CITY OF OWASSO, OKLAHOMA BY: ATTEST: Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney 2780- 362.ord Denise Bode, Mayor TO: FROM: SUBJECT: DATE: BACKGROUND: CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY SHERRY BISHOP FINANCE DIRECTOR RESOLUTION #98 -08 AUTHORIZING A BANK NOTE December 11, 1998 At the March 17, 1998 meeting, the OPWA Trustees approved a concept plan for the construction and funding of the Elm Creek Sewer Interceptor project. The concept allows the interceptor to be constructed with city - backed financing supported by a private sector "pay- back" as the property develops. A contract for construction was awarded to HMG, Inc. in June and easements were approved in October. Total budget for the project which is currently in progress is $2,508,882. The project will be financed with a combination of a Revenue Anticipation Note (RAN) and a bank loan. The RAN between the OPWA and the City of Owasso for an amount not to exceed $1,800,000 was approved by the Council and OPWA Trustees in July. The bank loan for $1,200,000 has been negotiated with First Bank of Owasso. Documents for the bank financing have been prepared by Allan Brooks who has served as Bond Counsel for the authority on several previous financings. Resolution #98 -08 authorizes the "Note" and other actions necessary to complete the bank financing. RECOMMENDATION• Staff recommends Trustee approval of Resolution #98 -08. ATTACHMENTS: Resolution #98 -08 THE OWASSO PUBLIC WORKS AUTHORITY RESOLUTION NO. 98-08 A RESOLUTION AUTHORIZING THE OWASSO PUBLIC WORKS AUTHORITY (THE "AUTHORITY ") TO ISSUE ITS UTILITY AND SALES TAX REVENUE NOTE, SERIES 1998 (THE "NOTE ") IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,200,000; WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE NOTE TO BE SOLD ON A NEGOTIATED BASIS; RATIFYING AND CONFIRMING THE LEASE, AS AMENDED BY THE AMENDMENT TO LEASE, BY AND BETWEEN THE CITY OF OWASSO, OKLAHOMA (THE "CITY ") AND THE AUTHORITY PERTAINING TO THE LEASING OF THE CITY'S UTILITY SYSTEMS TO THE AUTHORITY; APPROVING AND AUTHORIZING EXECUTION OF THE NOTE AND OTHER DOCUMENTS RELATING TO THE TRANSACTION, INCLUDING A LOAN AGREEMENT, A SECURITY AGREEMENT AND A SALES TAX AGREEMENT; ESTABLISHING THE AUTHORITY'S REASONABLE EXPECTATION WITH RESPECT TO THE ISSUANCE OF TAX - EXEMPT OBLIGATIONS BY THE AUTHORITY IN CALENDAR YEAR 1998, AND DESIGNATING THE NOTE AS QUALIFIED TAX- EXEMPT OBLIGATION WITH RESPECT TO THE FINANCIAL INSTITUTION INTEREST DEDUCTION PROVISIONS CONTAINED IN THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE "CODE "); AND CONTAINING OTHER PROVISIONS RELATING THERETO. NOW, THEREFORE, BE IT RESOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY: SECTION 1. INDEBTEDNESS AUTHORIZED. The Authority is authorized to incur an indebtedness by the issuance of its Utility and Sales Tax Revenue Note, Series 1998, for and on behalf of the City of Owasso, Oklahoma (the "City "), in an aggregate principal amount of $1,200,000 (the "Note ") for the purpose of (i) financing certain sanitary sewer system improvements, and (ii) paying certain costs associated with the issuance of the Note. The Note shall mature on or about December 1, 2003, and shall bear interest at the rate of five percent (5.00 %) per annum, to be amortized as set out in said Note. SECTION 2. COMPETITIVE BIDDING WAIVED. Competitive bidding on the sale of said Note is waived and the Note is authorized to be sold to First Bank of Owasso. SECTION 3. LEAS E. The Authority and the City heretofore entered into a Lease dated July 31, 1973, as amended by an Amendment to Lease dated as of July 1, 1996 (collectively, the "Lease ") whereby the City leased its then existing and thereafter acquired water, sanitary sewer and garbage and trash collection systems and the Bailey Ranch Golf Club to the Authority (collectively, the "System "), and whereby the Authority agreed to operate and maintain the same. The Authority hereby ratifies and confirms the Lease in all respects. ' SECTION 4. APPROVAL OF DOCUMENTS. The documentation authorizin g the issuance of and securing the payment of the Note approved in Section 1 hereof, including ' specifically, but not by way of limitation, a Loan Agreement, a Security Agreement and a Sales Tax Agreement are hereby approved and the Chairperson or Vice Chairperson and Secretary or Assistant Secretary of the Authority are authorized and directed to execute and deliver same for and ' on behalf of the Authority. SECTION 5. EXECUTION OF NECESSARY DOCUMENTS. The Chairperson or Vice- Chairperson and Secretary or Assistant Secretary of the Authority are hereby authorized and directed on behalf of the Authority to execute and deliver the Note to the purchaser upon receipt of the purchase price and are further authorized and directed to execute all necessary documentation and closing and delivery papers required by Bond Counsel; approve the disbursement of the proceeds of the Note, including any costs of issuance; to approve and make any changes to the ' documents approved by this Resolution, for and on behalf of the Authority, the execution and delivery of such documents being conclusive as to the approval of any changes contained therein by the Authority; and to execute, record and file any and all the necessary financing statements and ' security instruments, including but not limited to the documents approved hereby, and to consummate the transaction contemplated hereby. SECTION 6. CERTIFICATE OF DESIGNATION. The Authority anticipates that the total amount of tax- exempt obligations (other than private activity bonds) issued by the Authority or other issuers on behalf of the City, will not exceed $10,000,000 for calendar year 1998, and ' hereby designates the Note to be a qualified tax- exempt obligation with respect to the financial institution interest deduction provisions contained in the Internal Revenue Code of 1986, as amended, and authorizes the Chairperson or Vice Chairperson of the Authority to execute and ' deliver on behalf of the Authority a Certificate of Designation to that effect. FI 1 I I 2 PASSED AND APPROVED THIS 15TH DAY OF DECEMBER, 1998. ATTEST: Name: Marcia Boutwell Title: Secretary (SEAL) APPROVED AS TO FORM: Ronald D. Cates, Authority Attorney THE OWASSO PUBLIC WORKS AUTHORITY Name: Denise Bode Title: Chairperson 3 MEMORANDUM TO: CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: SHERRY BISHOP FINANCE DIRECTOR SUBJECT: RESOLUTION #98 -09 DATE: December 11, 1998 BACKGROUND: The OPWA staff is in the process of hiring an engineering consulting firm to design phase II improvements to the wastewater treatment facility. After those facility improvements are determined, some form of long -term debt will be issued to finance those improvements. Financing will probably be arranged through the Oklahoma Water Resources Board. As the engineering design work progresses, fees will be paid from OPWA operating funds. In order not to deplete the OPWA operating funds, those engineering fees will be reimbursed when the long -term financing for the project is issued. Resolution #98 -09 establishes the OPWA's intent to reimburse these current expenses with a future tax - exempt financing. RECOMMENDATION: Staff recommends Trustee approval of Resolution #98 -09. ATTACHMENT: Resolution #98 -09 THE OWASSO PUBLIC WORKS AUTHORITY 0:111*0110AROXIM • `: 1 ` A RESOLUTION EVIDENCING THE OWASSO PUBLIC WORKS AUTHORITY'S INTENT TO ISSUE TAX - EXEMPT NOTES OR BONDS TO REIMBURSE ITSELF FOR EXPENDITURES MADE IN CONNECTION WITH PHASE II OF THE WASTEWATER TREATMENT PLANT IMPROVEMENTS, WITH SAID TAX - EXEMPT OBLIGATIONS TO BE ISSUED IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $8,500,000; AND CONTAINING OTHER PROVISIONS RELATING THERETO. I � WHEREAS, The Owasso Public Works Authority, Tulsa County, Oklahoma (the , "Authority "), was organized under Title 60, Oklahoma Statutes 1991, Sections 176 - 180.4, as amended, for the purpose of furthering the public functions of the City of Owasso, Oklahoma (the "City"); and WHEREAS, the Authority is authorized and has determined to make expenditures in connection with Phase II of the wastewater treatment plant improvements and related appurtenances serving the City (the "Project "); and WHEREAS, the Authority anticipates ultimately financing the cost of the Project through the issuance of tax- exempt bonds or notes (the "Notes "); and WHEREAS, the Authority anticipates utilizing cash or borrowed funds to pay the cost of the Project prior to the issuance of the Notes; and WHEREAS, it is anticipated that the Notes of the Authority will be issued in the principal amount of not to exceed $8,500,000; and WHEREAS, the Authority desires to declare its official intent to issue the referenced Notes with the proceeds to be utilized to pay the costs associated with the Project or to reimburse the Authority for, and/or retire indebtedness of the Authority incurred in connection with, the payment of costs of the Project; and WHEREAS, the purpose of this Resolution is to satisfy the requirements of 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, which provisions relate to the proceeds of bonds being used for reimbursement (the "Reimbursement Regulations "). NOW, THEREFORE, BE IT RESOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY: Section 1. Cost of Project. The Authority intends to fund any costs of the Project incurred prior to the issuance of the Notes from Authority funds or borrowed funds. To the extent the Authority utilizes Authority funds or borrowed funds for said purposes, it is intended that proceeds F 1 1 1 J 1 1 of the Notes will be utilized to reimburse the Authority and/or repay said borrowed funds. The Authority expects to issue not in excess of $8,500,000 in principal amount of the Notes for the purpose of paying costs of the Project or reimbursing the Authority for, and/or retiring indebtedness of the Authority incurred in connection with, the payment of costs of the Project, including amounts needed to fund a debt service reserve fund, if any, and to pay certain costs of issuance. Section 2. Declaration of Official Intent. This Resolution constitutes a declaration of official intent as is required by the Reimbursement Regulations. Section 3. Necessary Action. The Chairperson or Vice Chairperson and Secretary or Assistant Secretary of the Authority are hereby further authorized on behalf of the Authority to accept, receive, execute, attest, seal and deliver all additional documentation, certifications and instruments and to take such further actions as may be required in connection with the transactions contemplated hereby, and are further authorized to approve and make any changes to the documents approved by this Resolution, for and on behalf of the Authority, the execution and delivery of such documents being conclusive as to the approval of any terms contained therein. PASSED AND APPROVED THIS 15TH DAY OF DECEMBER, 1998. ATTEST: Name: Marcia Boutwell Title: Secretary (SEAL) APPROVED AS TO FORM: Ronald D. Cates, Authority Attorney THE OWASSO PUBLIC WORKS AUTHORITY Name: Denise Bode Title: Chairperson 2