AGENDA

(Minutes are unofficial until approved by the Board of Trustees at the 2/3/04 meeting)

OKLAHOMA CITY WATER UTILITIES TRUST

MEETING MINUTES

January 21, 2004

The agenda was posted on the Council Chamber Bulletin Board at 8:44 a.m., January 16, 2004

TRUSTEES PRESENT

Guy Liebmann, Chairman

Carl Edwards, Trustee

Willa Johnson, Surrogate Trustee

James D. Couch, Trustee

TRUSTEES ABSENT

Cody Graves, Vice Chairman

EMPLOYEES PRESENT

Marsha Slaughter, General Manager

Bret Weingart, Water & Wastewater Utilities

Craig Keith, Municipal Counselor’s Office

Frances Kersey, City Clerk’s Office

James E. Thompson, City Manager’s Office

Jeanette Sheets, Water & Wastewater Utilities

Patsy Atkinson, Water & Wastewater Utilities

Bob Poppe, Water & Wastewater Utilities

Billy Little, Water & Wastewater Utilities

Jae Pfeffer, Water & Wastewater Utilities

OTHERS PRESENT

Tim Johnson, Johnson & Associates, Inc.

Chip Carter, Battelle Oklahoma LLC

Ed DeBee, U S Filter General Counsel

Martha E. Ober, BancFirst

I. Call to Order. 2:00 p.m.

Chairman Guy Liebmann presided.

II. Approve minutes of January 6, 2004 Oklahoma City Water Utilities Trust meeting.

APPROVED. Moved by Edwards, seconded by Couch. Ayes: Chairman Liebmann, Edwards, and Couch. Trustee Johnson was absent when motion was considered.

III. CONSENT DOCKET

A. CONSULTANT REVIEW COMMITTEE REPORTS

1. Receive Consultant Review Committee Report for Project ST-0095, North Canadian Wastewater Treatment Plant Improvements, 12800 North Anderson Road; Triad Design Group; and, authorize Contract negotiations.

RECEIVED AND AUTHORIZED. Moved by Couch, seconded by Edwards. Ayes: Chairman Liebmann, Edwards and Couch. Trustee Johnson was absent when motion was considered.

2. Receive Consultant Review Committee Report for Improvements to Wastewater Treatment Plants, Project ST-0096, Deer Creek, 20600 North Portland Avenue; Project ST-0097, Chisholm Creek, 22000 North Western Avenue; Project ST-0098, South Canadian, 15924 South May Avenue; Tetra Tech/FHC, Inc.; and, authorize Contract negotiations.

RECEIVED AND AUTHORIZED. Moved by Couch, seconded by Edwards. Ayes: Chairman Liebmann, Edwards and Couch. Trustee Johnson was absent when motion was considered.

3. Receive Consultant Review Committee Report for Project WC-0457, 8 Inch Water Main Replacement, NW 14^th Street to NW 20^th Street from Meridian Avenue to Tulsa Avenue, Legacy Engineering, Inc.; and WT-0059, Replacement of underdrain, filter and new baffles, Carollo Engineers PC, 4000 NW 108^th Street; and, authorize Contract negotiations.

RECEIVED AND AUTHORIZED. Moved by Couch, seconded by Edwards. Ayes: Chairman Liebmann, Edwards and Couch. Trustee Johnson was absent when motion was considered.

III. B. Ratify and Approve Addenda Nos.1, clarify and specify items; and No. 2, make corrections to detailed bid form; Water Project WC-0476, Access Manways for Water Mains; South Douglas Boulevard from SE 134^th Street to SE 164^th Street.

RATIFIED AND APPROVED. Moved by Couch, seconded by Edwards. Ayes: Chairman Liebmann, Edwards and Couch. Trustee Johnson was absent when motion was considered.

C. CONTRACTS AND BONDS

1. Ratify and Approve Addendum No. 1, correcting cross-member information; Award and Approve Contract (C49063) for six new, latest model 20,000 lb. gross axle weight rating (GAWR) tandem axle trailers; $51,876, Southwest Trailers and Equipment Company.

RATIFIED, APPROVED AND AWARDED. Moved by Couch, seconded by Edwards. Ayes: Chairman Liebmann, Edwards and Couch. Trustee Johnson was absent when motion was considered.

2. Adopt Resolution Awarding Contract, $246,174; Water Project WC-0476, Access Manways for Water Mains; South Douglas Boulevard from SE 134^th Street to SE 164^th Street; Milestone Utility Contractors, Inc.

ADOPTED. Moved by Couch, seconded by Edwards. Ayes: Chairman Liebmann, Edwards and Couch. Trustee Johnson was absent when motion was considered.

D. AMENDMENTS, CHANGE ORDERS AND ACCEPTANCE OF PROJECTS

1. Approve Amendment No. 1, -$14,822.57, adjusting existing pay items; Project SC-0552, Sanitary Sewer Replacement; Warren Avenue from NW 20^th Street to NW 21^st Street, NW 21^st Terrace from Warren Avenue to Tulsa Avenue, NW 21^st Street from Utah Avenue to Tulsa Avenue, NW 22^nd Street from Utah Avenue to Tulsa Avenue, NW 20^th Street to NW 24^th Street, Meridian Avenue to Utah Avenue; Urban Contractors, Inc.; and, accept the project and place maintenance bond into effect.

APPROVED, ACCEPTED AND PLACED INTO EFFECT. Moved by Couch, seconded by Edwards. Ayes: Chairman Liebmann, Edwards and Couch. Trustee Johnson was absent when motion was considered.

III. D. 2. Approve Amendment No. 2, $29,000, Contract for Architectural services; Project SM-0113, Roof Repair/Replacement at Line Maintenance Facility Building and 11 Other Water Facility Buildings; John T. Robison d.b.a. Robison & Associates Architects.

APPROVED. Moved by Couch, seconded by Edwards. Ayes: Chairman Liebmann, Edwards and Couch. Trustee Johnson was absent when motion was considered.

3. Approve Amendment No. 1, $2,415, increasing plan quantities; and, Change Order No. 1, $16,402, adding new bid items; Project WC-0389, Phase I, Water Main Replacement; Interstate 44 and North May Avenue, between NW 39^th Street and NW 50^th Street, from May Avenue to Grand Boulevard; Bivens Contractors, Inc.

APPROVED. Moved by Couch, seconded by Edwards. Ayes: Chairman Liebmann, Edwards and Couch. Trustee Johnson was absent when motion was considered.

4. Approve Amendment No. 1, -$11,289.15, adjusting existing pay items; Project WC-0434, Water Main Replacement; Warren Avenue from NW 20^th Street to NW 21^st Street, NW 21^st Terrace from Warren Avenue to Tulsa Avenue, NW 21^st Street from Utah Avenue to Tulsa Avenue, NW 22^nd Street from Utah Avenue to Tulsa Avenue, NW 20^th Street to NW 24^th Street, Meridian Avenue to Utah Avenue; Urban Contractors, Inc.; and, accept the project and place maintenance bond into effect.

APPROVED, ACCEPTED AND PLACED INTO EFFECT. Moved by Couch, seconded by Edwards. Ayes: Chairman Liebmann, Edwards and Couch. Trustee Johnson was absent when motion was considered.

5. Approve Amendment No. 1, $8,500, engaging services of Architect to perform bidding services and construction administration services, Contract for Architectural Services; Project WT-0050/ST-0093, Hefner Water Treatment Plant Laboratory Renovations, Hefner Water Treatment Plant, 3827 West Hefner Road; and, Project WM-0091/SM-0117, 420 West Main Street 4^th Floor Office Renovations, 420 West Main Street; Architects in Partnership, P.C.

APPROVED. Moved by Couch, seconded by Edwards. Ayes: Chairman Liebmann, Edwards and Couch. Trustee Johnson was absent when motion was considered.

III. D. 6. Approve Amendment No. 1, $18,163, modifying Draper Water Treatment Plant Supervisory Control and Data Acquisition (SCADA) system, to Consulting Contract; Project WT-0051, 13700 South Douglas Boulevard, Draper Water Treatment Plant; I & C Sales, Inc.

APPROVED. Moved by Couch, seconded by Edwards. Ayes: Chairman Liebmann, Edwards and Couch. Trustee Johnson was absent when motion was considered.

IV. Accept Permanent Easement, Water Project WC-0355, Water Main Construction, NE 21^st Street and Martin Luther King Boulevard; $10.00, City of Oklahoma City, claimant.

ACCEPTED. Moved by Edwards, seconded by Couch. Ayes: Chairman Liebmann, Edwards and Couch. Trustee Johnson was absent when motion was considered.

V. REPORTS

A. Receive Status Report of the Water and Wastewater Utilities Department for the month of December 2003.

RECEIVED. Moved by Edwards, seconded by Couch. Ayes: Chairman Liebmann, Edwards and Couch. Trustee Johnson was absent when motion was considered.

B. Receive Oil and Gas Revenue Report for period ending December 2003.

RECEIVED. Moved by Edwards, seconded by Couch. Ayes: Chairman Liebmann, Johnson, Edwards and Couch.

C. Receive the Rental Revenue Report for twelve months ending December 31, 2003.

RECEIVED. Moved by Johnson, seconded by Couch. Ayes: Chairman Liebmann, Johnson, Edwards and Couch.

D. Receive financial obligations and allocation of unrestricted cash for the month of January 2004.

RECEIVED. Moved by Johnson, seconded by Edwards. Ayes: Chairman Liebmann, Johnson, Edwards and Couch.

VI. Ratify OCWUT payments for the period of December 16, 2003 through January 13, 2004.

RATIFIED. Moved by Edwards, seconded by Johnson. Ayes: Chairman Liebmann, Johnson, Edwards and Couch.

VII. Approve Application for Sanitary Sewer Main Extension under Policy “B”, Sanitary Sewer Project SB-0009; ½ mile north of SW 29^th Street and ¾ mile east of Sara Road crossing Mustang Creek; Winchester Development, LLC, Developer.

APPROVED. Moved by Edwards, seconded by Johnson. Ayes: Chairman Liebmann, Johnson, Edwards and Couch.

VIII. Approve Application for Sanitary Sewer Main Extension under Policy “B”, Sanitary Sewer Project SB-0010; NW 192^nd Street to NW 206^th Street and ½ mile east of Pennsylvania Avenue; Winchester Development, LLC, Developer.

APPROVED. Moved by Edwards, seconded by Johnson. Ayes: Chairman Liebmann, Johnson, Edwards and Couch.

IX. Approve Memorandum of Understanding among Oklahoma Industries Authority, Oklahoma County, City of Oklahoma City, State of Oklahoma, Battelle Oklahoma, LLC, and the Greater Oklahoma City Chamber of Commerce, Inc., regarding development of The Oklahoma Maintenance, Repair and Overhaul Technology Center (MROTC).

APPROVED. Moved by Johnson, seconded by Edwards. Ayes: Chairman Liebmann, Johnson, Edwards and Couch.

X. Authorize the Municipal Counselor to enter an appearance and intervene on behalf of the Trust in the Oklahoma Tax Commission Case case styled: In the Matter of the Sales Tax and Use Tax Protest of Professional Services Group, Inc. d/b/a/ Professional Services Group, and Patrick L. McMahon, as President/CEO and as individual, Kent S. Richardson, as Sr. Vice President/CFO and as individual, and David L. McEwing as Vice President/General Counsel/Secretary and as individual, Case No. P-99-297, and any subsequent appeal thereof;

INSTRUCTIONS GIVEN.

and/or

Enter into executive session with the Municipal Counselor to discuss said litigation and the liability and claims resulting therefrom as authorized by 25 O.S.(2001) § 307 (B)(4).

Moved by Johnson, seconded by Couch, to enter into executive session. Ayes: Chairman Liebmann, Johnson, Edwards and Couch. Trustees entered into executive session at 2:12 p.m.

Meeting reconvened at 2:34 p.m.

XI. New Business.

None

XII. Comments from Trustees, Staff and Citizens.

General Manager Marsha Slaughter gave updates on the improvements of the Lake Draper Chlorine and Ammonia System and the Overholser Dam project.

Trustee Johnson asked if the recent rainfall helped the levels of the lakes. General Manager Marsha Slaughter stated it is still very dry and Lake Canton was the only lake that showed a small difference.

XIII. Adjournment.

CHAIR ADJOURNED, 2:35 p.m.

ATTEST:

Frances Kersey, Secretary Guy Liebmann, Chairman