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HomeMy WebLinkAbout1996.05.21_OPGA AgendaNOTICE OF PUBLIC MEETING OF THE OWASSO PUBLIC GOLF AUTHORITY TYPE OF MEETING: Regular DATE: May 21, 1996 TIME: 7:00 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, May 17, 1996. A24 Marc a Boutwell, Authority Secretary AGENDA 1. Call to Order 2. Invocation 3. Flag Salute 4. Roll Call 5. Election of Chairperson Owasso Public Golf Authority May 21, 1996 Page 2 6. Election of Vice Chairperson 7. Discussion of Financial Reports Ms Bishop 1 8. Consideration and Appropriate Action Relating to OPGA Resolution #96-01, a Resolution Naming the City Manager as Ex Officio Chief Administrative Officer and Head of the , Administrative Branch of the Owasso Public Golf Authority. Mr Ray Mr Cates Attachment #8 The staff will recommend Trustee approval of OPGA Resolution #96-01. ' 9. Consideration and Appropriate Action Relating to OPGA Resolution #96-02 Authorizing Amendment to the Declaration of Trust Creating the Owasso Public Golf Authority Providing for Terms that Coincide With Terms of the Owasso City Council, and Authorizing Execution of All Documents Pertaining Thereto. Mr Ray Mr Cates Attachment #9 The staff will recommend Trustee approval of OPGA Resolution #96-02 amending the OPGA Trust Indenture providing that members of the City Council are automatically Trustees of the Authority and that terms of Trustees are the same as Council terms. Owasso Public Golf Authority May 21, 1996 Page 3 10. Consideration and Appropriate Action Relating to a Request for Trustee Adoption of a Schedule of Regular Meetings for the Remainder of Calendar Year 1996. Mr Ray Attachment # 10 The staff will recommend Trustee adoption of a schedule of regular i eetings that conforms with the Open Meeting Act and calls such meetings for the tti� Tuesday of each month immediately following the City Council and OPWA meetings. 11. Report from OPGA Manager 12. Report from OPGA Attorney 13. Report from OPGA Trustees 14. Unfinished Business Owasso Public Golf Authority May 21, 1996 Page 4 15. New Business 16. Adjournment I MEMORANDUM TO: THE HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC GOLF AUTHORITY FROM: RODNEY J RAY CITY MANAGER SUBJECT: RESOLUTION NAMING CITY MANAGER AS CHIEF ADMINISTRATIVE OFFICER DATE: May 17, 1996 BACKGROUND: OPGA Resolution $96-01, if adopted will formalize the previously discussed organizational changes for the golf course management and require all management decisions for conform to the same policies, procedures and fiscal regulations of the city and public works operations. A similar resolution has been in place for the OPWA since 1986. RECOMMENDATION: The staff recommends Trustee adoption of OPGA Resolution #96-01. ATTACHMENTS: 1. Resolution #96-01 2. Organizational Chart OWASSO PUBLIC GOLF AUTHORITY RESOLUTION NO 96-01 ' A RESOLUTION NAMING THE CITY MANAGER AS EX OFFICIO CHIEF ' ADMINISTRATIVE OFFICER AND HEAD OF THE ADMINISTRATIVE BRANCH OF THE OWASSO PUBLIC GOLF AUTHORITY ' BE IT RESOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC GOLF AUTHORITY, THAT: SECTION ONE: The City Manager of the City of Owasso, Oklahoma, shall be ex officio Chief Administrative Officer and Head of the Administrative Branch of The Owasso Public Golf Authority, responsible therefore to the Trustees of The Owasso Public Golf Authority, Owasso, Oklahoma, and possessing the powers in respect to the management of the trust estate of The Owasso Public Golf Authority to the same extent as the powers and duties possessed by the City Manager of the City of Owasso, Oklahoma, as set forth in Section 3-3 of the Charter of the City of Owasso, Oklahoma. SECTION TWO: That all resolutions in conflict herewith are expressly repealed APPROVED AND ADOPTED this 21st day of May, 1996 by the Trustees of The Owasso Public Golf Authority. Danny Ewing, Chair ATTEST: Marcia Boutwell, Authority Secretary APPROVED AS TO FORM: Ronald D Cates, Authority Attorney AIL CITY OF OWAS SO ORGANIZATIONAL CHART CITIZENS COUNCIL r. . . . . . . . . . . . . . . . . OPWA , OPGA ' CITY MANAGER Golt Capital City OEDA Munloipal Z1. •Stdfmg. ABo� OY ImDro e- Watchdog Par soon ei Clerk Judge tCittee eoerd • Acquislti on Com mitts• Commission Adju stm en • eve munit QNI Fire Court Flnan oe Gol} Publla Economlo Recre atlon Support pmen Police Defe s CIe k Course Works Development Center Services to t Street Cemetery Drainage En ginaerinq Infra stru star Inspections R eta se/ Water Wa te- Recycle waLr Building I lC Cen terltyl I Garage Main,. Insurance a Control Dispatch mbulano Budget B�Ilintq Personnel Man 9iment I I MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL ' CITY OF OWASSO THE HONORABLE CHAIR AND TRUSTEES iOWASSO PUBLIC GOLF AUTHORITY FROM: RODNEY J RAY CITY MANAGER SUBJECT: REQUEST TO AMEND OPGA DECLARATION OF TRUST ' AND REQUEST FOR CITY COUNCIL APPROVAL OF THAT AMENDMENT 1 DATE: May 17, 1996 BACKGROUND: ' In August of 1989, the Owasso Public Golf Authority was created as a public trust with the City of Owasso as its beneficiary. The five original Trustees were provided with unlimited terms, effectively allowing them to serve until they individually resigned (or were removed for cause). In 1992 (January 6), the Authority amended its "Declaration of Trust" to provide for fifteen year terms of the Trustees and staggered those terms so all would not expire in the same year. 1 On April 2, 1996, the OPGA Trustees resigned, en masse, and the City Council appointed the members of their body as replacement Trustees. That action was taken to facilitate the ' refinancing of the existing debt, and address the issue of a default as declared by the trustee bank. It was the intention of that action to follow up with an action that would amend the "Declaration of Trust" again to provide that terms of office of Trustees would coincide with the individual Trustee's City Council term. OPGA Resolution #96-02, if approved will implement that intention by: - 1. Recreating the Authority with City Council members as Trustees by virtue of their election to the City Council; 2. Require terms of Trustees that are the same as the individual Trustee's City Council ' term; and OPGA TRUST AMENDMENT MAY 18, 1996 PAGE 2 3. Authorize the Chair to execute all necessary documents required to implement such amendment. Owasso City Council Resolution #96-08, if approved during the City Council meeting, is required by law to document the approval of the beneficiary public body and will: 1. Approve the OPGA action amending the "Declaration of Trust"; and 2. Reaccept beneficial interest in the newly recreated authority. RECOMMENDATION: The staff recommends the following actions: ON OPGA AGENDA ITEM #9, THE STAFF RECOMMENDS TRUSTEE ADOPTION OF OPGA RESOLUTION #96-02. ON CITY COUNCIL AGENDA ITEM #26, THE STAFF RECOMMENDS COUNCIL ADOPTION OF CITY COUNCIL RESOLUTION #96-08. ATTACHMENTS: 1. Amendment to OPGA Declaration of Trust 2. OPGA Resolution #96-02 3. City Council Resolution #96-08 SECOND AMENDMENT TO DECLARATION OF TRUST KNOW ALL MEN BY THESE PRESENTS: ' THIS SECOND AMENDMENT TO DECLARATION OF TRUST dated as of the 21 st day of May, 1996, by Sherry Bishop, hereinafter referred to as the "Trustor" and Danny Ewing, Joe B. Ramey, Mary Lou Barnhouse, Michael Helm and Tracy L. Standridge to be known as Trustees of ' "The Owasso Public Golf Authority", and hereinafter referred to as "Trustees" is entered into as an Amendment to that certain Declaration of Trust dated August 8, 1989, recorded in Book 5210, Page 138 of the records of Tulsa County, Oklahoma, as amended by Amendment to Declaration of Trust dated the 6th day of January, 1992. WITNESSETH: (1) Article VI, paragraph (a) of the Declaration of Trust dated August 8, 1989, as ' amended by Amendment to Declaration of Trust dated the 6th day of January, 1992, by and between the above mentioned Trustor and Trustees, is hereby amended to read as follows: ' THE TRUSTEES (a) The trustees of this trust, except as hereinafter provided, shall, ex officio, be the same persons who currently shall be the acting members of the legally constituted governing body of the beneficiary municipality without distinction as to the office held. Provided: ' (1.) Each undersigned trustee shall continue as such, unless temporarily replaced pursuant to (d) of this section, until succeeded and replaced by some other person as an officer of the beneficiary municipality, above designated, ex officio, to be a trustee and such other person shall have qualified as a trustee hereunder as provide in (e) of this section; (2.) Each person who shall become such an above designated officer of the beneficiary municipality shall be entitled to qualify as, and to become, a trustee hereunder and to continue as such, unless temporarily replaced pursuant to (d) of this section, until succeeded and replaced by some other person who shall have qualified as a trustee hereunder as provided in (e) of ' this section. Provided, that in the event the number of persons constituting the governing body of 3 671-009. owa/sad the beneficiary municipality shall be reduced by or pursuant to applicable law, any person who shall cease to be a member of the governing body of the beneficiary municipality shall, forthwith, cease to be a trustee of this trust, and, (3) All of the legal rights, powers, and duties of each trustee shall terminate when he shall cease to be a trustee hereunder and all of such legal rights, powers and duties shall devolve upon his successor and successors, with full right and power of the latter to do or perform any act or thing which his predecessor or any predecessor could have done or performed. (4.) The Trust shall select one of its members to be Chairperson of the Trustees and he or she shall preside at al meetings and perform other duties designated by the Trustees. The Trust shall also select an individual or individuals to serve as Secretary and Treasurer of the Trust. It is at the discretion of the Trustees as whether the Secretary and Treasurer are required to be ' member of the Trust. The Trustees shall designate the time and place of all regular meetings. All actions by the Trustees pursuant to the provisions of this Declaration of Trust shall be approved by the affirmative vote of at least a majority of the Trustees qualified to act as such under the provisions ' of this Declaration of Trust. The Trust shall select one of its members to be Vice -Chairperson who shall act in the place of the Chairperson during the latter's absence or incapacity to act. (2.) Otherwise the Declaration of Trust shall remain in full force and effect. IN WITNESS WHEREOF, the Trustor and the Trustees have hereunto set their hands on the 1 day and year indicated. Sherry Bishop, Trustor Danny Ewing, Trustee Joe B. Ramey, Trustee 3 671-009. owalsad 2 Mary Lou Barnhouse, Trustee Michael Helm, Trustee Tracy L. Standridge, Trustee 16 1 1 1 1 1 1 STATE OF OKLAHOMA ) ss. COUNTY OF TULSA ) On this day of May, 1996, before me, the undersigned, a Notary Public in and for the County and State aforesaid, personally appeared SHERRY BISHOP, to be known to be the identical person who signed her name as Trustor to the within and foregoing instrument, and acknowledged ' . to me that she executed the same as her free and voluntary act and deed for the uses and purposes therein mentioned and set forth. ' GIVEN UNDER MY HAND AND SEAL the day and year last above written. Notary Public ' My Commission Expires: .. STATE OF OKLAHOMA ) ss. COUNTY OF TULSA ) On this day of May, 1996, before me, the undersigned, a Notary Public in and for the County and State aforesaid, personally appeared MARY LOU BARNHOUSE, DANNY EWING, JOE B. RAMEY, MICHAEL HELM and TRACY L. STANDRIDGE, to be known to be the identical persons who signed their names as Trustees to the within and foregoing instrument, and acknowledged to me that she executed the same as her free and voluntary act and deed for the uses and purposes therein mentioned and set forth. ' GIVEN UNDER MY HAND AND SEAL the day and year last above written._ IMy Commission Expires: I3671-009.owa/sad 3 Notary Public A ft ACCEPTANCE KNOW ALL MEN BY THESE PRESENTS: That the City Council of the City of Owasso, Oklahoma, hereby re -accepts the beneficial interest in and to the Trust created by the Declaration of Trust, as amended, within and including the foregoing Second Amendment to Declaration of Trust, for and on behalf of said City in all respect in accordance with the terms of said Second Amendment to Declaration of Trust. WITNESS my hand as Mayor of said City Council, attested by the City Clerk of said City, pursuant to direction of the City Council of said City, this 21 st day of May, 1996. [SEAL] ATTEST: Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney 3 671-009. owalsad 4 CITY COUNCIL CITY OF OWASSO, OKLAHOMA Danny Ewing, Mayor il- � I OATH OF OFFICE f We, the undersigned, do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States of America and the Constitution of the State of Oklahoma and that ' we will not, knowingly receive, directly or indirectly, any money or other valuable think, for the performance or nonperformance of any act or duty pertaining to our office, other than the compensation allowed by law. We further swear (or affirm) that we will faithfully discharge our duties as Trustee of the Owasso Public Golf Authority to the best of our ability. Mary Lou Barnhouse Joe B. Ramey Danny Ewing Michael Helm ITracy L. Standridge AFFIDAVIT OF ADMINISTERING OFFICER I, the undersigned Officer, designated under Title 51, Oklahoma Statutes Annotated, Section 21, as authorized to administer oaths to the public officers in the State of Oklahoma, hereby aver and ' affirm that I administered the foregoing Oath of Office orally to the aforesaid Trustees and that in my presence, each of them did orally repeat, take and subscribe to the foregoing Oath of Office, and executed copy of which has been filed in my office. ' DATED this day of May, 1996. (SEAL) Marcia Boutwell, City Clerk City of Owasso, Oklahoma ACKNOWLEDGED BEFORE ME this day of May, 1996.. r - Notary Public My Commission Expires: I(Seal) 3 671-009. owalsad 5 OWASSO PUBLIC GOLF AUTHORITY RESOLUTION NO 96-02 A RESOLUTION AUTHORIZING THE APPROVAL AND EXECUTION OF AN AMENDMENT TO THE DECLARATION OF TRUST FOR THE OWASSO PUBLIC GOLF AUTHORITY BE IT RESOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC GOLF , AUTHORITY, THAT: SECTION ONE: The Amendment to the Declaration of Trust by and among Sherry Bishop as Trustor and Danny Ewing, Joe B Ramey, Mary Lou Barnhouse, Michael Helm, and Tracy Standridge, Trustees, dated as of May 21, ' 1996, which amends Article VI, paragraph (a) of the Declaration of Trust dated August 8, 1989, creating The Owasso Public Golf Authority, and Amendment to Declaration of Trust dated January 6, 1992, concerned with the selection and term of office of the individual Trustees of said Authority, a copy of which is on file in the office of the City Clerk of the City of Owasso, Oklahoma, is hereby approved. APPROVED AND ADOPTED this 21st day of May, 1996 by The Owasso Public Golf Authority. Danny Ewing, Chair ATTEST: Marcia Boutwell, Authority Secretary APPROVED AS TO FORM: Ronald D Cates, Authority Attorney CITY OF OWASSO, OKLAHOMA RESOLUTION NO 96-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, APPROVING AN AMENDMENT TO THE DECLARATION OF TRUST AND REACCEPTING BENEFICIAL INTEREST IN THE OWASSO PUBLIC GOLF AUTHORITY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: SECTION ONE: The Amendment to the Declaration of Trust of The Owasso Public Golf Authority by and among Sherry Bishop as Trustor, and Danny Ewing, Joe B Ramey, Mary Lou Barnhouse, Michael Helm, and Tracy Standridge as Trustees, dated as of May 21, 1996, which amends Article VI, paragraph (a) of the Declaration of Trust dated August 8, 1989, creating The Owasso Public Golf Authority, and amended January 6, 1992, concerned with the selection and term of office of the individual Trustees of said Authority, a copy of which is on file in the office of the City Clerk of the City of Owasso, Oklahoma, is hereby approved. SECTION TWO: The City of Owasso hereby reaccepts beneficial interest in and to The IOwasso Public Golf Authority. M PASSED AND APPROVED this 21st day of May, 1996. ATTEST: 9 Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D Cates, City Attorney THE CITY OF OWASSO, OKLAHOMA by Danny Ewing, Mayor I The schedule of regular meetings of The Owasso Public Golf Authority for the calendar year 1996, filed with the City Clerk on December 8, 1995, is amended as follows: The meeting place for meetings of the Trust Authority for the remainder of the calendar year is changed from the Golf Course Maintenance Facility to the Council Chambers, 301 S Cedar, Owasso, OK. The date is changed to the third Tuesday of each month, and the time is changed to 7:00 p.m. Date Time Location May 21 7:00 p.m. to June 18 11it July 16 It it August 20 " to September 17 it October 15 it November 19 " to December 17 toit To be completed by person filing notice: Marcia Boutwell Title: Authority Secretary Address: 207 South Cedar Owasso, Oklahoma 74055 Phone: 918-272-2251 Filed in the office of the City Clerk at on , 1996. Marcia Boutwell, City Clerk