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Home My WebLink About1996.12.17_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY TYPE OF MEETING: Regular DATE: December 17, 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, December 13, 1996. .A h A 1' 1 ( ozl�� - Marcia Boutwell, City Clerk AGENDA 1. Call to Order 2. Invocation Jim McElrath Support Services Department 3. Flag Salute 4. Roll Call 5. Request Approval of the Minutes of December 3, 1996 Regular Meeting. Attachment #5 Owasso Public Works Authority December 17, 1996 Page 2 6. Request Approval of Claims Attachment #6 7. Consideration and Appropriate Action Relating to OPWA Resolution #96 -05 Authorizing a Loan from the Oklahoma Water Resources Board in the Amount of Not to Exceed $1,520,000; Approving the Issuance of a Note in the Amount of Not to Exceed $1,520,000, Secured by a Pledge of Revenues and Authorizing its Execution; Approving and Authorizing the Execution of a WFCRLA Loan Agreement for Interim Financing; Approving and Authorizing the Execution of a Security Agreement and a Sales Tax Agreement; Ratifying and Confirming a Lease, as Amended by an Amendment to Lease Pertaining to Certain Proprietary Revenue - Producing Utility Systems Serving the City of Owasso, Oklahoma; Approving Various Covenants; Approving and Authorizing Execution of Legal and Financial Advisory Service Agreements and Payment of Fees and Expenses; and Containing Other Provisions Relating Thereto. Mr Ray Attachment #7 The staff will recommend Trustee approval of OPWA Resolution #96 -05. 8. Consideration and Appropriate Action Relating to the Presentation of an Independent Audit of Financial Transactions for the OPWA Fund for FY 1995 -96, and a Request for the Trustees to Receive the Audit Report. Ms Bishop Attachment #8 The staff will present the 1995 -96 annual audit to the Authority and will recommend the ' Trustees "receive" the audit for review and information. Owasso Public Works Authority December 17, 1996 Page 3 9. Report from OPWA Manager 10. Report from OPWA Attorney 11. Unfinished Business 12. New Business 13. Adjournment OWASSO PUBLIC WORKS AUTHORITY MINUTES OF REGULAR MEETING Tuesday, December 3, 1996 The Owasso Public Works Authority met in regular session on Tuesday, December 3, 1996 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, November 27, 1996. ITEM 1: CALL TO ORDER Chairman Ewing called the meeting to order at 8:43 p.m. ITEM 2: FLAG SALUTE IThe flag salute was given during the City Council meeting preceding this meeting. ITEM 3: ROLL CALL PRESENT Danny Ewing, Chair Joe Ramey, Vice Chair Mary Lou Barnhouse, Trustee Michael Helm, Trustee Tracy Standridge, Trustee STAFF Rodney J Ray, City Manager Ronald D Cates, Authority Attorney Marcia Boutwell, Authority Secretary ABSENT ITEM 4: REQUEST APPROVAL OF THE MINUTES OF NOVEMBER 19, 1996 REGULAR MEETING. Mr Ramey moved, seconded by Ms Barnhouse, to approve the minutes as submitted, by reference made a part hereto. AYE: Ramey, Barnhouse, Standridge, Helm, Ewing NAY: None Motion carried 5 -0. ITEM 5: REQUEST APPROVAL OF THE CLAIMS. Mr Ramey moved, seconded by Mr Standridge, that the following claims be approved as submitted: (1) OPWA Fund $68,315.29; (2) OPWA Capital Improvements Fund $36,718.74; (3) Interfund Transfers $35,329.75; (4) Payroll $25,924.54. Owasso Public Works Authority AYE: Ramey, Standridge, Barnhouse, Helm, Ewing NAY: None Motion carried 5 -0. ITEM 6: REPORT FROM OPWA MANAGER No report. ITEM 7: REPORT FROM OPWA ATTORNEY No report. ITEM 8: UNFINISHED BUSINESS None. ITEM 9: NEW BUSINESS None. ITEM 10: ADJOURNMENT Mr Standridge moved, seconded by Mr Ramey, to adjourn. AYE: Standridge, Ramey, Barnhouse, Helm, Ewing NAY: None Motion carried 5 -0, and the meeting was adjourned at 8:44 p.m. Marcia Boutwell, Authority Secretary 2 December 3, 1996 Danny Ewing, Chairperson CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY OPWA ADMINISTRATION 12/13/96 8:27:27 A/P CLAIMS REPORT APAPVR PAGE: 700.00 PO # VENDOR ---- - - - - -- ------------------------- DESCRIPTION ------------------------- AMOUNT ------- - - - - -- OPWA ADMINISTRATION DEPARTMENT TOTAL = = = => 2,344.61 WATER •" ------------------------ - - - - -- 970985 970001 RONALD D CATES RETAINER 700.00 ' 970071 AT&T WIRELESS SERVICES PHONE USE -CARR 60.24 METER -FIRST BANK 970071 AT &T WIRELESS SERVICES PHONE USE -BOGLE 37.56 970348 MEMBER SERVICE LIFE MONTHLY FEE 50.00 970985 GO SYSTEMS FUEL 11/96 20.47 970986 CITY GARAGE REPAIRS 11/96 4.26 t971304 971171 PADGETT THOMPSON SEMINAR- THERIAULT 139.00 971174 SAM'S CLUB CLEANING /OFFICE SUPPLIES 21.05 DEPARTMENT TOTAL =___> 1,032.58 UTILITY BILLING ------------------------------- 970004 US POSTMASTER UTILITY BILL POSTAGE 1,000.00 970977 DEREK RAVERT METER READING 107.10 t 970985 GO SYSTEMS FUEL 11/96 70.75 970986 CITY GARAGE REPAIRS 1106 124.58 971104 TYRONE DINKINS METER READING 337.65 971105 OSCAR MCLAURIN METER READING 217.05 971106 BRAD SPARKMAN METER READING 151.20 971107 JOHNNY ROGERS METER READING 175.60 971174 SAM'S CLUB COMPUTER PAPER 54.78 ` 971299 TREASURER, PETTY CASH REIMB PETTY CASH 9.00 971304 PALACE OFFICE SUPPLY COMPUTER PAPER 71.90 971325 CSC CREDIT SERVICES, INC 11/96 COLLECTIONS 25.00 DEPARTMENT TOTAL = = = => 2,344.61 WATER •" ------------------------ - - - - -- 970985 GO SYSTEMS FUEL 11/96 151.00 970986 CITY GARAGE REPAIRS 11/96 647.11 971023 WATER PRODUCTS INC METER -FIRST BANK 299.46 r 8 971091 KIMBALL ACE HARDWARE MAINT /REPAIR SUPPLIES 45.96 ' 971117 WATER PRODUCTS INC METER SET MATERIALS 597.00 971152 YALE UNIFORM RENTAL UNIFORM CLEAN /RENT 112.80 971153 971286 CITY OF TULSA WATER PRODUCTS INC WATER PURCHASE 10/96 METER SUPPLIES 88,621.09 271.28 971290 WATER PRODUCTS INC WATER METERS 12/5/95 1,539.00 971299 TREASURER PETTY CASH REPAIR SUPPLIES 25.32 t971304 PALACE OFFICE SUPPLY OFFICE SUPPLIES DEPARTMENT TOTAL =___> -- - - - - -- -4_40 92,314.42 r 8 CITY OF OWASSO OWASSO PUBLIC WORKS AUTHORITY 12/13/96 8:27:27 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ---- - - - - -- ------------------- - - - - -- ------------------- - - - - -- ------- - - - - -- WASTEWATER TREATMENT PLANT ------------------------ - - - - -- 9/0228 FHC, INC. WW MASTER PLAN 12/5/95 600.00 970590 HANES SHOE & ARCH SHOP SAFETY BOOTS 100.00 970807 INDIAN SPRINGS SPECIALTY CHLORINE CYL REPAIR KIT 1,500.08 970898 WAL -MART UNIFORM PANTS 99.80 970985 GO SYSTEMS FUEL 11/96 37.97 970986 CITY GARAGE REPAIRS 11/96 82.09 971091 KIMBALL ACE HARDWARE MAINT /REPAIR SUPPLIES 74.08 971115 SHERRY LABORATORIES, INC. SLUDGE ANALYSIS 200.00 971152 YALE UNIFORM RENTAL UNIFORM CLEAN /RENT 88.80 971213 WAL -MART LAB SUPPLIES 94.81 971272 MICHAEL KNEBEL REPLACE DAMAGED COAT 115.12 971304 PALACE OFFICE SUPPLY OFFICE SUPPLIES 6.93 DEPARTMENT TOTAL = = = =? 2,999.68 WASTEWATER COLLECTION 970985 GO SYSTEMS FUEL 11/96 205.55 970986 CITY GARAGE REPAIRS 1106 16.45 971074 LARSEN ELECTRONICS, INC. KITS -RADIO INSTALL 20.50 971091 KIMBALL ACE HARDWARE MAINT /REPAIR SUPPLIES 308.80 971091 KIMBALL ACE HARDWARE MAINT /REPAIR SUPPLIES 95.44 971152 YALE UNIFORM RENTAL UNIFORM CLEAN /RENT 39.20 971217 MARTEC SYSTEMS PARTS -LIFT STATION 110.00 971233 WARREN CLINIC HEPATITIS SHOTS -DUGAN 75.00 DEPARTMENT TOTAL = = = => 870.94 REFUSE COLLECTIONS ------------------------ - - - - -- 970851 WILLIAMS REFUSE EQUIPMENT GREEN POLYCARTS 8/6/96 5,700.00 970897 WAL -MART UNIFORM PANTS 98.40 970985 GO SYSTEMS FUEL 11/96 438.24 970986 CITY GARAGE REPAIRS 11/96 66.89 970986 CITY GARAGE REPAIRS 11/96 2,927.62 971074 LARSEH ELECTRONICS, INC. KITS -RADIO INSTALL 23.40 971091 KIMBALL ACE HARDWARE MAINT /REPAIR SUPPLIES 26.37 971146 WASTE MANAGEMENT OF OKLA COMM REFUSE 11/96 13,635.21 971152 YALE UNIFORM RENTAL UNIFORM CLEAN /RENT 61.60 971190 EQUIPMENT ONE RENTAL & SA WINTER COVERALLS 200.86 DEPARTMENT TOTAL = = = => 23,178.59 E CITY OF OWASSO IOWASSO PUBLIC WORKS AUTHORITY 12/13/96 8:27:27 A/P CLAIMS REPORT APAPVR PAGE: -_ -PO # --- - - - - -- VENDOR---- - - - - -- DESCRIPTION --- AMOUNT - - -- ----- ------------------- - - - - -- ' RECYCLE - CENTER ' 970985 GO SYSTEMS FUEL 11/96 971147 WASTE MANAGEMENT OF OKLA RECYCLE REFUSE 971152 YALE UNIFORM RENTAL UNIFORM CLEAN/RENT DEPARTMENT TOTAL = = = => ■ FUND TOTAL = = = =) ib 170.94 2,557.80 18.40 2,747.14 125,487.96 10 OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING D 12/07/96 OVERTIME TOTAL DEPARTMENT EXPENSES EXPENSES Utility Billinv 0.00 2,918.23 Wastewater 237.75 6,565.02 Refuse 77.52 3,904.20 APPROVE 12/17/96 Chairman Trustee Trustee MEMORANDUM TO: RODNEY J. RAY CITY MANAGER FROM: F. ROBERT CARR, JR., P.E. PUBLIC WORKS DIRECTOR SUBJECT: OPWA RESOLUTION 96 -05 CITY OF OWASSO RESOLUTION 96 -15 PERTAINING TO STATE REVOLVING FUND LOAN FOR WASTEWATER TREATMENT PLANT PHASE I IMPROVEMENTS DATE: BACKGROUND: December 13, 1996 The Trustees, at the November 5, 1996 meeting, made tentative award of contract for the construction of the Wastewater Treatment Plant Improvements contingent upon receiving final r approval and closing the loan with the Oklahoma Water Resources Board (OWRB). It was indicated various contract - related and other legal instruments needed to be submitted to OWRB in conformance with requirements of the State Revolving Fund (SRF) loan program. Attached to this memorandum are two Resolutions that need to be executed by the Trustees and Council. These Resolutions are summarized as follows: OPWA Resolution 96 -05 A Resolution authorizing a loan from the Oklahoma Water Resources Board (Direct SRF Interim Construction Promissory Note) in the amount of $1,520,000 for construction of the wastewater treatment plant improvements approved by the OWRB. The loan will be secured by a pledge of revenue derived from the City of Owasso water, sanitary sewer and refuse collection systems and specific sales taxes and shall bear interest at a rate of four and three quarters percent (4.75 %) per annum. (This note will be for the construction period of the plant improvements only. Upon completion of construction, the final construction expenditures will be converted to a zero percent (0.00 %) loan.) The Resolution authorizes the Chairman or Vice Chairman and Secretary or Assistant Secretary of the OPWA to take actions as may be required in connection with the execution and delivery of the necessary documents. Page 2 Resolutions OPWA 96 -05 and City of Owasso 96 -15 City of Owasso Resolution 96 -15 A Resolution approving the action taken by the OPWA pertaining to OPWA Resolution ' 96 -05. RECOMMENDATION: Staff recommends Trustees approval of OPWA Resolution 96 -05 and Council approval of Resolution 96 -15 as stated in the attachments. I ATTACHMENTS: 1. Owasso Public Works Authority Resolution 96 -05 2. City of Owasso Resolution 96 -15 THE TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY, TULSA COUNTY, OKLAHOMA, MET IN REGULAR SESSION ON THIS 17TH DAY OF DECEMBER, 1996, AT 7:00 O'CLOCK P.M. PRESENT. ABSENT: Thereupon, the Chairman introduced a Resolution which was read by the Secretary. Trustee moved that the Resolution be adopted and Trustee seconded the motion. The motion carrying with it the adoption of the Resolution prevailed by the following vote: AYE: NAY: The Resolution as adopted is as follows: RESOLUTION NO. A RESOLUTION AUTHORIZING A LOAN FROM THE OKLAHOMA WATER RESOURCES BOARD IN THE AMOUNT OF $-1,5200000—; APPROVING THE ISSUANCE OF A NOTE IN THE AMOUNT OF $ p , SECURED BY A PLEDGE OF REVENUES AND AUTH RIZ NG ITS EXECUTION; APPROVING AND.AUTHORIZING THE EXECUTION OF A 1 WFCRLA LOAN AGREEMENT FOR INTERIM FINANCING; APPROVING AND AUTHORIZING THE EXECUTION OF A SECURITY AGREEMENT AND A SALES TAX AGREEMENT; RATIFYING AND CONFIRMING A LEASE, AS AMENDED BY AN AMENDMENT TO LEASE PERTAINING TO CERTAIN PROPRIETARY REVENUE- PRODUCING UTILITY SYSTEMS SERVING THE CITY OF OWASSO, OKLAHOMA; APPROVING VARIOUS COVENANTS; APPROVING AND AUTHORIZING EXECUTION OF LEGAL AND FINANCIAL ADVISORY SERVICE AGREEMENTS AND PAYMENT OF FEES AND EXPENSES; AND CONTAINING OTHER PROVISIONS RELATING THERETO. WHEREAS, The Owasso Public Works Authority, Tulsa County, Oklahoma (the "Borrower "), 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 Borrower is authorized and has determined to construct improvements to the Borrower's wastewater system including specifically, but not by way of limitation, the removal of an intrachannel boat clarifier, construction of two (2) final clarifiers, the refurbishment and upgrading of a pump station for phase I project capacity, construction of a waste /return activated sludge pumping station for phase I project capacity; the upgrading of an oxidation ditch, the upgrading of a UV disinfection system; construction of new sludge beds, the acquisition of sludge handling equipment and installation of a grinder at the headworks (collectively, the "Project ") , all in order to better serve the customers of said Borrower and in payment of part of the cost thereof, to seek money in the form of a $ I� 52 a, 000 direct SRF interim construction loan from the Oklahoma Water Resources Board (the "Board "); and WHEREAS, the Board has approved a loan application of the Borrower and the Borrower has determined to borrow money from the Board to accomplish the Project and to evidence such loan by the issuance of its note in the amount of $ 1.5J0.nn& , payable to the Board, secured by a pledge of revenue derived from Borrower's water, sanitary sewer and garbage and trash collection systems (hereinafter collectively the "System "), and certain sales tax revenues received by the Borrower from the City which sales tax is levied pursuant to Ordinance No. 103 of the City, as amended by Ordinance No. 153 of said City (the "Sales Tax Revenue "); and WHEREAS, said pledge of Sales Tax Revenue and said pledge of revenues derived from the System establishes a lien on said Sales Tax Revenue and revenues derived from the System, which lien is subject to and subordinate in all respects to the lien on said revenues in favor of (i) the Borrower's Public Improvement Revenue Bonds, Series 1988, issued in the original aggregate principal amount of $6,100,000, (ii) the Borrower's Series 1993A Promissory ' Note to Oklahoma Water Resources Board, issued in the original principal amount of $3,630,000, (iii) the Borrower's Series 1993B Promissory Note to Oklahoma Water Resources Board, issued in the original principal amount of $970,000, and (iv) the Borrower's Utility Revenue Bonds, Series 1996 (collectively, the "Prior Debt"). NOW, THEREFORE, BE IT RESOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY: Section 1. Issuance of Note. The Borrower is hereby authorized to accept said loan and issue its Direct SRF Interim Construction Promissory Note in the amount of $ (the "Note ") payable to the Board and secured by a pledge of revenue derived from the operation of the System and the Sales Tax Revenue, said pledge of System revenue and Sales Tax Revenue being subject and subordinate in all respects to the pledge of said revenues in favor of the Prior Debt, all as referenced above. Said Note shall 6 bear interest at a rate of four and three quarters percent (4.75 %) per annum inclusive of a one -half percent (1/2 %) per annum administrative fee. The officers of the Borrower are hereby ' authorized and directed to execute said Note in a principal amount of $ /, ,520,000 , and to do any and all lawful things to effect said loan and secure said loan from the Board. ' 2 Section 2. Execution of WFCRLA Loan Agreement for Interim Financing. The WFCRLA Loan Agreement for Interim Financing (the ' "Loan Agreement "), by and between the Borrower and the Board is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary are hereby authorized to execute same for and on behalf of the Borrower, and to do all other lawful things to carry out the terms and conditions of said Loan Agreement. Section 3. Execution of Security Agreement. The Security Agreement, by and between the Board and the Borrower (the "Security Agreement ") , whereby the Borrower gives a security interest in certain revenues of the System to the Board to secure payment on the Note, is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary are hereby authorized to execute same for and on behalf of the Borrower, and do all other lawful things to carry out the terms and conditions of said Security ' Agreement. Section 4. Covenants of Borrower. Until payment in full of T' the Note and performance of all obligations owing to the Board under the Loan Agreement and the instruments executed pursuant hereto, unless the Board shall otherwise consent in writing, the Borrower hereby represents its intent to abide by and carry out the covenants contained in the Security Agreement, the hereinafter referenced Sales Tax Agreement and the Loan Agreement, which covenants are incorporated herein in their entirety. ' Section 5. Lease. The Lease dated July 31, 1973, as amended, between the City of Owasso, Oklahoma, and the Borrower, whereby the City leased certain proprietary revenue - producing utility systems to the Borrower and whereby the Borrower agreed to operate and maintain said systems, is hereby ratified and confirmed and the term of said Lease, as amended, shall extend until the Note is paid. Section 6. Sales Tax Agreement. The Sales Tax Agreement, by and between the Borrower and the City pertaining to a year -to -year pledge of the Sales Tax Revenue, is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary of the Borrower are hereby authorized to execute same for and on behalf of the Borrower, and do all other lawful things to carry out the terms and conditions of said Sales Tax Agreement. Section 7. Execution of Legal and Financial Advisory Service Agreements and Payment of Fees and Expenses. The Chairman or Vice Chairman and Secretary or Assistant Secretary of the Borrower are authorized (i) to execute a Legal Services Agreement with Fagin, Brown, Bush, Tinney & Kiser, as Bond Counsel, and Ronald D. Cates, as counsel to the Borrower and (ii) a Financial Advisory Agreement with Leo Oppenheim & Co., Inc. Upon closing of the referenced loan, the officers of the Borrower are hereby authorized to disburse (from loan proceeds or other available funds of the 3 Borrower) unto the Borrower's Financial Advisor, Bond Counsel and Counsel to the Borrower their fees and expenses as set forth on Exhibit "A" hereto and said officers are further authorized to execute a requisition for said fees and expenses and planning and design allowance and are authorized to make payment in connection with certain expenses relative to the issuance of the Note. Section 8. Necessary Action. The Chairman or Vice Chairman and Secretary or Assistant Secretary of the Borrower are hereby further authorized on behalf of the Borrower to accept, receive, execute, attest, seal and deliver the above mentioned documents and 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 Borrower, the execution and delivery of such documents being conclusive as to the approval of any terms contained therein. 4 ADOPTED AND APPROVED THIS 17TH DAY OF DECEMBER, 1996. THE OWASSO PUBLIC WORKS AUTHORITY Chairman ATTEST: Secretary (SEAL) APPROVED AS TO FORM: Ronald D. Cates, Borrower's Attorney 5 STATE OF OKLAHOMA ) COUNTY OF TULSA ) I, the undersigned, Secretary of The Owasso Public Works Authority, Tulsa County, Oklahoma, an Oklahoma public trust, do ' hereby certify that the above and foregoing is a true, full and correct copy of an excerpt from the minutes of a meeting of the Board of Trustees of said public trust held on the date above stated, all as recorded in the official minutes of such meeting. I further certify that the "Open Meeting Law" was complied with for such meeting. , GIVEN UNDER MY HAND THIS 17TH DAY OF DECEMBER, 1996. Secretary (SEAL) 6 EXHIBIT "A" Fees and Expenses Paid at Closing Leo Oppenheim & Co., Inc. Financial Advisory Fee and Reimbursement of Expenses Fagin, Brown, Bush, Tinney & Kiser Representing the Legal Fees and Out -of- Pocket Expenses of Fagin, Brown, Bush, Tinney and Kiser a-nd - Rv'rnald- D. Gates MEMORANDUM TO: CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: SHERRY BISHOP FINANCE DIRECTOR SUBJECT: AUDIT REPORT FOR FISCAL 1995 -96 DATE: December 13, 1996 BACKGROUND: An independent audit, performed by a certified accountant, is required by City Charter and state statutes. The report of the independent auditor must be filed with the governing body and with the office of the State Auditor and Inspector. On May 19, 1995, the City Council and OPWA Trustees selected the firm of Carlson & Cottrell CPA's to perform an audit for the city and its trust authorities. This the City's second year with Carlson & Cottrell as auditors and the first since the OPGA was added to the scope of the city audit. All audit work is complete and the financial statements are enclosed. Joe Carlson will represent the accounting firm and will present the audit to the City Council at the meeting Tuesday night. If the Council has any questions or would like additional information after that presentation, I would be glad to address those requests. RECOMMENDATION: Staff recommends that the OPWA Trustees receive the audit report and direct it to be filed as required by statute. ENCLOSURE: Report on Audit of Financial Statements Year Ended June 30, 1996