City Council

REGULAR MEETING DUNCAN CITY COUNCIL CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA SEPTEMBER 28, 2021 5:15 P.M. AMENDED AGENDA/ADDENDUM INVOCATION FLAG SALUTE ROLL CALL ITEM #1: CONSIDER APPROVAL OF CONSENT AGENDA. a) Minutes of September 14, 2021. b) List of Claims c) Renewal of insurance for the Oklahoma Municipal Assurance Group (OMAG) Municipal Liability Protection Plan (MLPP) in the amount of $175,485.00 and renewal of the Municipal Property Protection Plan (MPPP) in the amount of $182,483.00. th d) Renewal of lease agreement for City property located at 1110 N. 7 Street with Delta Community Action Foundation for their operation of the Senior Nutrition Project. e) Authorize the City Manager to enter into an agreement with Honeywell Technologies to mutually terminate the parties’ contractual obligations. f) Interlocal Governmental Agreement between Stephens County and the City of Duncan for repairs to roads in the vicinity of the Fuqua Lake area. g) Recognize the resignation of Ward 1 Councilwoman Jennifer Smith effective September 27, 2021.  Council Comments/Questions  Motion ______________________  Second ______________________  Roll Call ITEM #2: Consider Presentation and open discussion by Nate Schacht, Community Development Director, regarding a CDBG-CV19 grant opportunity through a City of Duncan and ASCOG partnership. The grant request is for $450,000.00 and can be used for utility bill assistance, nutritional support, and mental health for the City of Duncan as impacted by the Covid-19 pandemic.  Public Comments  Council Comments/Questions ITEM #3: Consider authorizing the purchase of twelve (12) traffic controllers from Econolite in the amount of $35,716.56 to be used on U.S. 81 Highway.  Public Comments  Council Comments/Questions  Motion ______________________  Second ______________________  Roll Call ITEM #4: Consider and take action with respect to a Resolution of the City of Duncan, Oklahoma (the “City”) approving action taken by the Duncan Public Utilities Authority (the “Authority”) authorizing issuance, sale and delivery of a promissory note of the Authority to the Oklahoma Water Resources Board; ratifying and confirming a lease by and between the City and the Authority pertaining to certain water, sanitary sewer, garbage and electric systems, and authorizing the execution and delivery of an amended lease agreement and operation and maintenance contract; authorizing the execution and delivery of a sales tax agreement by and between the City and the Authority pertaining to a year-to-year pledge of certain sales tax revenue; and containing other provisions related thereto. (Series 2021A CWSRF Note – Wastewater Line Improvements)  Public Comments  Council Comments/Questions  Motion ______________________  Second ______________________  Roll Call ITEM #5: Consider and take action with respect to a Resolution of the City of Duncan, Oklahoma (the “City”) approving action taken by the Duncan Public Utilities Authority (the “Authority”) authorizing issuance, sale and delivery of a promissory note of the authority to the Oklahoma Water Resources Board; ratifying and confirming a lease by and between the City and the Authority pertaining to certain water, sanitary sewer, garbage and electric systems, and authorizing the execution and delivery of an amended lease agreement and operation and maintenance contract; authorizing the execution and delivery of a sales tax agreement by and between the City and the Authority pertaining to a year-to-year pledge of certain sales tax revenue; and containing other provisions related thereto. (Series 2021B CWSRF Note – AMI Meter System Improvements)  Public Comments  Council Comments/Questions  Motion ______________________  Second ______________________  Roll Call ITEM #6: Consider and take action with respect to a Resolution of the City of Duncan, Oklahoma (the Ccity”) approving action taken by the Duncan Public Utilities Authority (the “Authority”) authorizing issuance, sale and delivery of a promissory note of the authority to the Oklahoma Water Resources Board; ratifying and confirming a lease by and between the City and the Authority pertaining to certain water, sanitary sewer, garbage and electric systems, and authorizing the execution and delivery of an amended lease agreement and operation and maintenance contract; authorizing the execution and delivery of a sales tax agreement by and between the City and the Authority pertaining to a year-to-year pledge of certain sales tax revenue; and containing other provisions related thereto. (Series 2021D OWRB Note – Water Line Improvements)  Public Comments  Council Comments/Questions  Motion ______________________  Second ______________________  Roll Call ITEM #7: OTHER COMMENTS: a) By the Public Per State Statute the Mayor and Council will not be able to respond to any issues brought forward during this part of the agenda. The City Manager or the Staff will take your information and address the situation then reconnect with you. The Council Members are available before and after the meeting to address concerns on an individual basis. b) By the Council c) By the City Manager ITEM #8: Adjournment  Motion ______________________  Second ______________________  Roll Call  REGULAR MEETING DUNCAN PUBLIC UTILITIES AUTHORITY CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA SEPTEMBER 28, 2021 5:15 P.M. AMENDED AGENDA/ADDENDUM ROLL CALL ITEM #1: CONSIDER APPROVAL OF CONSENT AGENDA a) Minutes of September 14, 2021. b) Renewal of the agreement for the sale of lakes permits between the Duncan Public Utilities Authority and Murf’s Guns. c) Resolution adopting administrative fees for certain City lake lot leases.  Public Comments  Trustee Comments/Questions  Motion ______________________  Second ______________________  Roll Call ITEM #2: Consider awarding the bid to Davey Tree Surgery for Items A, B, C, F, G and I in the combined total amount of $211,367.00 for the Trimming and Removal of Trees in the Duncan Power electric system.  Public Comments  Trustee Comments/Questions  Motion ______________________  Second ______________________  Roll Call ITEM #3: Consider authorizing the use of Mutual Aid from Oklahoma Municipal Power Authority (OMPA) in the approximate amount of $90,000.00.  Public Comments  Trustee Comments/Questions  Motion ______________________  Second ______________________  Roll Call ITEM #4: Consider approving Portland Utilities Construction Co., LLC Pay Request No. 1 in the total amount of $37,077.36 for services rendered in conjunction with the Sanitary Sewer Rehabilitation Project.  Public Comments  Trustee Comments/Questions  Motion ______________________  Second ______________________  Roll Call ITEM #5: Consider approving PM Construction & Rehab LLC Pay Request No. 2 in the total amount of $363,080.02 for services rendered in conjunction with the Sanitary Sewer Rehabilitation Project.  Public Comments  Trustee Comments/Questions  Motion ______________________  Second ______________________  Roll Call ITEM #6: Consider approving Horseshoe Construction Pay Request No. 2 in the total amount of $225,191.80 for services rendered in conjunction with the Sanitary Sewer Rehabilitation Project.  Public Comments  Trustee Comments/Questions  Motion ______________________  Second ______________________  Roll Call ITEM #7: Consider Tetra Tech Inc. Pay Request No. 14 in the amount of $49,479.11 for services rendered in conjunction with the Sewer Rehabilitation Design Phase 1 Project.  Public Comments  Trustee Comments/Questions  Motion ______________________  Second ______________________  Roll Call ITEM #8: Consider Freese and Nichols Pay Request No. 28 in the total amount of $18,312.62 for services rendered in conjunction with the Clear Creek Lake Spillway Replacement Project.  Public Comments  Trustee Comments/Questions  Motion ______________________  Second ______________________  Roll Call ITEM #9: Consider ratifying the action of the General Manager in in authorizing the Sanitary Sewer Main repair as an emergency expenditure and authorize payment to Miller Construction in the amount of $25,288.02.  Public Comments  Trustee Comments/Questions  Motion ______________________  Second ______________________  Roll Call ITEM #10: Consider and take action with respect to a Resolution of the Duncan Public Utilities Authority (the “borrower”) approving and authorizing a clean water SRF loan from the Oklahoma Water Resources Board in the total aggregate principal amount of not-to-exceed $8,200,000; approving the issuance of a promissory note in the total aggregate principal amount of not-to-exceed $8,200,000, secured by a pledge of revenues and authorizing its execution; approving and authorizing the execution of a loan agreement for Clean Water SRF loan; designating a local trustee and approving and authorizing the execution of a trust agreement; approving and authorizing the execution of a security agreement; ratifying and confirming a lease by and between the City of Duncan, Oklahoma and the borrower pertaining to certain water, sanitary sewer, garbage and electric systems, and authorizing the execution and delivery of an amended lease agreement and operation and maintenance contract; authorizing the execution and delivery of a sales tax agreement by and between the city and the borrower pertaining to a year-to-year pledge of certain sales tax revenue; approving various covenants; approving and authorizing application to the Oklahoma Water Resources Board; approving and authorizing professional services agreements; approving and authorizing the establishment of a project costs disbursement account and the payment of fees and expenses; and containing other provisions relating thereto. (Series 2021A CWSRF Note – Wastewater Line Improvements)  Public Comments  Trustee Comments/Questions  Motion ______________________  Second ______________________  Roll Call ITEM #11: Consider and take action with respect to a Resolution of the Duncan Public Utilities Authority (the “borrower”) approving and authorizing a Clean Water SRF loan from the Oklahoma Water Resources Board in the total aggregate principal amount of not-to-exceed $6,200,000; approving the issuance of a promissory note in the total aggregate principal amount of not-to-exceed $6,200,000, secured by a pledge of revenues and authorizing its execution; approving and authorizing the execution of a loan agreement for clean water SRF loan; designating a local trustee and approving and authorizing the execution of a trust agreement; approving and authorizing the execution of a security agreement; ratifying and confirming a lease by and between the City of Duncan, Oklahoma and the borrower pertaining to certain water, sanitary sewer, garbage and electric systems, and authorizing the execution and delivery of an amended lease agreement and operation and maintenance contract; authorizing the execution and delivery of a sales tax agreement by and between the City and the borrower pertaining to a year-to-year pledge of certain sales tax revenue; approving various covenants; approving and authorizing application to the Oklahoma Water Resources Board; approving and authorizing professional services agreements; approving and authorizing the establishment of a project costs disbursement account and the payment of fees and expenses; and containing other provisions relating thereto. (Series 2021B CWSRF Note – AMI Meter System Improvements)  Public Comments  Trustee Comments/Questions  Motion ______________________  Second ______________________  Roll Call ITEM #12: Consider and take action with respect to a Resolution of the Duncan Public Utilities Authority (the “borrower”) authorizing a loan from the Oklahoma Water Resources Board in the total aggregate principal amount of not to exceed $16,200,000; approving the issuance of a promissory note in the total aggregate principal amount of not to exceed $16,200,000, secured by a pledge of revenues and authorizing its execution; designating a local trustee; approving and authorizing the execution of a trust agreement; approving and authorizing the execution of a loan agreement; approving and authorizing the execution of a security agreement; authorizing the execution and delivery of a lease agreement and operation and maintenance contract pertaining to the leasing of the City of Duncan utility systems to the borrower; authorizing the execution and delivery of a sales tax agreement by and between the City of Duncan, Oklahoma and the borrower pertaining to a year-to-year pledge of certain sales tax revenue; approving and authorizing a note purchase agreement; approving various covenants; approving and authorizing application to the Oklahoma Water Resources Board; approving and authorizing professional services agreements; approving and authorizing payment of fees and expenses; and containing other provisions relating thereto. (Series 2021D OWRB Note – Water Line Improvements)  Public Comments  Trustee Comments/Questions  Motion ______________________  Second ______________________  Roll Call ITEM #13: OTHER COMMENTS: a) By the Public Per State Statute the Chairman and Trustees will not be able to respond to any issues brought forward during this part of the agenda. The General Manager or the Staff will take your information and address the situation then reconnect with you. The Chairman and Trustees are available before and after the meeting to address concerns on an individual basis. b) By the Chairman and Trustees c) By the General Manager ITEM #14: Adjournment  Motion ______________________  Second _____________________  Roll Call  REGULAR MEETING DUNCAN ECONOMIC DEVELOPMENT TRUST AUTHORITY CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA SEPTEMBER 28, 2021 5:15 P.M. AGENDA ROLL CALL ITEM #1: CONSIDER APPROVAL OF CONSENT AGENDA a) Minutes of August 24, 2021.  Public Comments  Trustee Comments/Questions  Motion ______________________  Second ______________________  Roll Call ITEM 2: OTHER COMMENTS: a) By the Public Per State Statute the Chairman and Trustees will not be able to respond to any issues brought forward during this part of the agenda. The General Manager or the Staff will take your information and address the situation then reconnect with you. The Chairman and Trustees are available before and after the meeting to address concerns on an individual basis. b) By the Chairman and Trustees c) By the General Manager ITEM #3: ADJOURNMENT  Motion ______________________  Second _____________________  Roll Call  SPECIAL MEETING DUNCAN ENHANCEMENT TRUST AUTHORITY CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA SEPTEMBER 28, 2021 5:15 P.M. AGENDA ROLL CALL ITEM #1: CONSIDER APPROVAL OF CONSENT AGENDA a) Minutes of August 24, 2021. (Special Meeting) b) Acknowledge the appointment of Ritchie Dennington to the Duncan Enhancement Trust Authority for the remainder of a term that expires on March 8, 2024 and the appointment of Ben Doyle to the Duncan Enhancement Trust Authority the remainder of a term expiring March 8, 2022, and the removal of Sandra Jackson from the Duncan Enhancement Trust Authority, whose term expired March 8, 2021.  Public Comments  Trustee Comments/Questions  Motion ______________________  Second ______________________  Roll Call ITEM 2: OTHER COMMENTS: a) By the Public Per State Statute the Chairman and Trustees will not be able to respond to any issues brought forward during this part of the agenda. The General Manager or the Staff will take your information and address the situation then reconnect with you. The Chairman and Trustees are available before and after the meeting to address concerns on an individual basis. b) By the Chairman and Trustees c) By the General Manager ITEM #3: ADJOURNMENT  Motion ______________________  Second _____________________  Roll Call