AGENDA

(Minutes are unofficial until approved by Trustees at meeting of 5/4/04)

OKLAHOMA CITY WATER UTILITIES TRUST

MEETING MINUTES

April 20, 2004

The agenda was posted on the Council Chamber Bulletin Board at 8:32 a.m., April 16, 2004

TRUSTEES PRESENT

Guy Liebmann, Chairman

Cody Graves, Vice Chairman

Willa Johnson, Surrogate Trustee

Carl Edwards, Trustee

James D. Couch, Trustee

TRUSTEES ABSENT

Mick Cornett, Trustee

James E. Thompson, Trustee

EMPLOYEES PRESENT

Marsha Slaughter, General Manager

Craig Keith, Municipal Counselor’s Office

Frances Kersey, City Clerk’s Office

Patsy Atkinson, Water & Wastewater Utilities

Jeanette Sheets, Water & Wastewater Utilities

Marla Adams, Water & Wastewater Utilities

Billy Little, Water & Wastewater Utilities

David Burch, Water & Wastewater Utilities

Larry Ogle, Parks and Recreation Department

Wendel Whisenhunt, Parks and Recreation Department

OTHERS PRESENT

Tim Johnson, Johnson & Associates, Inc.

Martha E. Ober, BancFirst

Paul Trimble, Crowe & Dunlevy

Jackie Tillman, Parents for Portland

R. Clarke Humler, Parents for Portland

Ralph A. Sallusti, Ralph A. Sallusti

Jeff Patterson, OKC Outdoor Network

Ross Plourde, McAfee & Taft

I. Call to Order. 2:01 p.m.

Chairman Guy Liebmann presided.

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

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

III. CONSENT DOCKET

A. CONSULTANT REVIEW COMMITTEE REPORTS

1. Approve Preliminary Report, Project MP-0205, Lake Hefner to Lake Overholser Trail, and Authorize City Engineer to direct LandPlan Consultants, Inc., Consulting Engineer, to prepare final plans and specifications.

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

2. Receive Consultant Review Committee Report, Project WM-0094, Engineering and Economic Services for Water Meter Replacement, City-wide, Johnson & Associates/CH2M Hill; and, authorize Public Works Director to negotiate a contract.

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

B. Approve Plans and Specifications, Project WC-0432, Water Main Replacement, Hickory Stick Road to Blue Sage Road along Lamp Post Lane; Wynne Engineering Corporation; and, authorize the Secretary to advertise for bids to be received May 11, 2004.

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

III. C. CONTRACTS and BONDS

1. Adopt Resolution Awarding Contract, in the amount of $962,227.50, to Jordan Contractors, Inc., for Project WC-0455, Water Main Replacement, in the vicinity of NW 14^th Street to NW 19^th Street from Tulsa Avenue to Portland Avenue; Approving Contract and Bonds and, Authorizing execution upon receipt of signed original from contractor.

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

2. Approve Contract for Architectural Services, in the amount of $6,000, to Triad Design Group, Inc., for Project WM-0096, Additions to Lake Draper Concession Building – Shower / Dressing Areas, Lake Stanley Draper.

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

D. AMENDMENTS and ACCEPTANCE OF PROJECTS

1. Approve Amendment No. 1, in the amount of -$100,015.90, for Project SC-0583, in the vicinity of SE 22^nd Street to SE 25^th Street between High Avenue and Interstate 35; Jordan Contractors, Inc.; Accept project and place maintenance bond into effect.

APPROVED, ACCEPTED AND PLACED INTO EFFECT. Moved by Johnson, seconded by Edwards. Ayes: Chairman Liebmann, Johnson, Edwards, Graves and Couch.

2. Accept Project SM-0113 Phase I, Line Maintenance Building: Roofing, Remediation and Interior Repair, 621 North Pennsylvania Avenue, $170,400, Downey Contracting, LLC; and, place maintenance bond into effect.

ACCEPTED AND PLACED INTO EFFECT. Moved by Johnson, seconded by Edwards. Ayes: Chairman Liebmann, Johnson, Edwards, Graves and Couch.

IV. Adopt Resolution declaring emergency; ratifying approval of construction plans; waiver of formal competitive bidding procedures; utilization of informal sealed bidding procedures; determination of lowest responsible bidder; award of contract, in the amount of $39,800, to Urban Contractors, Inc.; for Project SC-0663, in the vicinity of NW 14^th Street to NW 13^th Street between Broadway Avenue and Santa Fe Railroad Tracks; issuance of emergency work order by City Engineer; and, approval of contract and bonds (Four “yes” votes required for approval).

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

V. Adopt Resolution declaring emergency; ratifying approval of construction plans; waiver of formal competitive bidding procedures; utilization of informal sealed bidding procedures; determination of lowest responsible bidder; award of contract, in the amount of $116,752.50, to United Trenching, Inc.; for Project SC-0676, in the vicinity of SW 100^th Street and Brentwood Drive; issuance of emergency work order by City Engineer; and, approval of contract and bonds (Four “yes” votes required for approval).

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

VI. REPORTS

A. Receive status report of the Water and Wastewater Utilities Department for the month of March 2004.

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

B. Receive financial obligations and allocation of unrestricted cash for the month of April 2004.

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

VII. Consider canceling the May 18, 2004 OCWUT regularly scheduled meeting and calling a special meeting for May 25, 2004.

CANCELLED MAY 18, 2004 MEETING AND CALLED A SPECIAL MEETING MAY 25, 2004. Moved by Graves, seconded by Edwards. Ayes: Chairman Liebmann, Johnson, Edwards, Graves and Couch.

VIII. Authorize General Manager to negotiate Utility Relocation Agreement (reimbursement of utility relocation costs) with Oklahoma Department of Transportation, Project WC-0415, 60-inch Atoka Pipeline; State Highway 99, Byng, Pontotoc County, Oklahoma.

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

IX. Recommend Approval of Ordinance relating to the use of canoes on City-operated reservoirs; Amending Chapter 38, Division 2 of the Oklahoma City Municipal Code 2002, Section 38-242 relating to length and size of canoes on City-operated reservoirs; and declaring an emergency.

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

X. Adopt Resolution declaring certain property surplus, releasing any leasehold interest, authorizing the City of Oklahoma City to sell and transfer at fair market value the property to the Oklahoma City School District, Oklahoma City Public School District No. 89 of Oklahoma County, Oklahoma, directing the OCWUT General Manager to notify existing lessees and permit holders, creating an account to receive sale proceeds, authorizing the chairman and secretary of the Oklahoma City Water Utilities Trust to execute any documents necessary to effectuate release, transfer and sale, and restricting use of the sale proceeds to the stated purpose in the general obligation bond proposition.

Mr. Liebmann asked if there were any comments.

Mr. Couch stated he would like to make a few statements for the record in regards to this item. Couch stated: 1) the proposed John Marshall school site is owned by the City of Oklahoma City and leased to the Oklahoma City Water Utilities Trust; 2) the City of Oklahoma City is the sole beneficiary of the Oklahoma City Water Utilities Trust; 3) the proposed John Marshall school site is not currently used for any water utility purpose; 4) the proposed John Marshall school site does not have a water utility purpose in the foreseeable future and our Water Master Plan verifies that; 5) the proposed school site was purchased with 1950 General Obligation Bond Revenues; 6) Oklahoma City is required to sell property purchased with GO Bond funds for fair market value; 7) Oklahoma City may consider other factors in selling land and may include a covenant in the deed restricting its future use. This proposed resolution authorizes sale for public school purposes. We are getting value and getting it for a product that has restrictions; 8) Oklahoma City and the Oklahoma City Water Utilities Trust have the right and authority to sell land by private or public sale, which means that neither the City nor Oklahoma City Water Utilities Trust is required to sell the land by competitive sale and that the City may chose to negotiate a sale with the party whose proposed use is consistent with its municipal purpose; 9) the support for public schools is a municipal purpose; 10) the sale proceeds will be placed in a separate fund and utilized for the same purposes as approved in G.O. Bond Proposition No. 1 of 1950.

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

XI. New Business.

None

XII. Comments from Trustees, Staff and Citizens.

General Manager Marsha Slaughter introduced the new Trust Specialist, Marla K. Adams.

XIII. Adjournment.

CHAIR ADJOURNED, 2:20 p.m.

ATTEST:

Frances Kersey, Secretary Guy Liebmann, Chairman