(Published in the Stillwater N...
(Published in the Stillwater N...
(Published in the Stillwater News Press on October 24, 2024 1t) ORDINANCE NO. 3547 AN ORDINANCE AUTHORIZING THE RESTATEMENT OF THE LEASE AGREEMENT AND OPERATION AND MAINTENANCE CONTRACT DATED APRIL 1, 1979, AS HERETOFORE AMENDED, INCLUDING THE EXTENSION OF THE LEASE TERM; PROVIDING FOR CITIZEN INITIATED REFERENDUM OF SAID LEASE AGREEMENT IN ACCORDANCE WITH SECTION 4- 2 OF THE CITY CHARTER. WHEREAS, the City of Stillwater, Oklahoma, a municipal corporation (the “City”), and the Stillwater Utilities Authority, a public trust (the “Authority”) have-previously entered into that certain Lease Agreement and Operation and Maintenance Contract dated as of April 1, 1979, duly recorded in the office of the Payne County Clerk at Book 541, Page 819, as amended by that certain Amendment to Lease Agreement and Operation and Maintenance Contract dated as of December 1, 1980, duly recorded in the office of the Payne County Clerk at Book 541, Page 833, as further amended by that certain Amendment to Lease Agreement and Operation and Maintenance Contract dated as of April 1, 1986, duly recorded in the office of the Payne County Clerk at Book 790, Page 059, as further amended by that certain Amendment No. 1, City of Stillwater, Stillwater Utilities Authority, Extension of Lease Agreement and Operation and Maintenance Contract dated May 13, 2013, as further amended by that certain Amendment No. 2, City of Stillwater, Stillwater Utilities Authority, Lease Agreement and Operation and Maintenance Contract dated September 19, 2022, duly recorded in the office of the Payne County Clerk at Book 2733, Page 881, as further amended by that certain Amendment No. 3, City of Stillwater, Stillwater Utilities Authority, Lease Agreement and Operation and Maintenance Contract dated December 5, 2022, duly recorded in the office of the Payne County Clerk at Book 2759, Page 451 (collectively, the “Prior Lease Agreement”); and WHEREAS, pursuant to the Prior Lease Agreement, the City leases its water, sewer and electric systems and improvements thereto (collectively, the “Facilities”), which Facilities are more particularly described in Exhibit A attached to the Prior Lease Agreement, to the Authority to enable the Authority to secure bonds issued by a pledge of its leasehold interest in the Facilities and the proceeds, fees, charges, revenues, income, rents, receipts, issues and benefits; and WHEREAS, the Prior Lease Agreement will expire on June 30, 2069, unless certain enumerated contingencies occur; and WHEREAS, it is necessary to reduce confusion relating to the multiple amendments to the Prior Lease Agreement, and to extend the term of said lease to ensure the continued and uninterrupted operation of the Stillwater Utilities Authority until June 30, 2124; and WHEREAS, the Mayor and City Council deem it appropriate and desirable to restate in full the provisions of the Prior Lease Agreement and to extend the term of said lease until June 30, 2124, and to make other modifications and amendments to the terms of said lease as appropriate by reason of the foregoing; and WHEREAS, the value of the leased property exceeds Two Hundred and Fifty Thousand Dollars ($250,000.00); and WHEREAS, Section 4-2 of the City Charter mandates that the sale or lease of real property wherein the value exceeds Two Hundred and Fifty Thousand Dollars ($250,000.00) shall be done through the adoption of an ordinance; and WHEREAS, the Mayor and City Council deem the lease of this property to be beneficial to and in the best interest of the City of Stillwater; and WHEREAS, it is the intention of the Mayor and City Council to enter into an Amended Lease Agreement and Operation and Maintenance Contract attached hereto as Exhibit “A” for such purpose. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, THAT: SECTION 1: Pursuant to Section 4-2 of the City Charter, the restatement of lease provisions and the extension of the lease term, as reflected in the Amended Lease Agreement and Operation and Maintenance Contract attached hereto as Exhibit “A” is hereby authorized and approved by the Mayor and City Council. The Mayor is further authorized to execute any and all documents necessary to facilitate said transaction(s). SECTION 2: If one or more petitions with signatures of registered qualified voters of the city equal to at least twenty-five (25) percent of the total number of votes cast in the last scheduled general municipal election are filed with the city clerk within thirty (30) days after passage and publication of this ordinance, this ordinance shall not go into effect until the petition or petitions are finally found to be illegal and/or insufficient, or, if any such petition is found legal and sufficient, until the ordinance is approved at an election by a majority of the qualified voters voting on the question. If no petition with signatures is filed, this ordinance shall go into effect thirty (30) days after its passage and publication. SECTION 3: This ordinance shall be published in a newspaper authorized by law to publish legal publications in its entirety within ten (10) days of its passage on second reading by the Mayor and City Council. PASSED, APPROVED, AND ADOPTED THIS 21st DAY OF OCTOBER, 2024. CITY OF STILLWATER, OKLAHOMA WILLIAM H. JOYCE, MAYOR ATTEST: TERESA KADAVY, CITY CLERK (SEAL) Approved as to form and content this 21st day of October, 2024. KIMBERLY CARNLEY, City Attorney First Reading: 10-7-2024 Second Reading: 10-21-2024
(Published in the Stillwater News Press on October 24, 2024 1t) ORDINANCE NO. 3547 AN ORDINANCE AUTHORIZING THE RESTATEMENT OF THE LEASE AGREEMENT AND OPERATION AND MAINTENANCE CONTRACT DATED APRIL 1, 1979, AS HERETOFORE AMENDED, INCLUDING THE EXTENSION OF THE LEASE TERM; PROVIDING FOR CITIZEN INITIATED REFERENDUM OF SAID LEASE AGREEMENT IN ACCORDANCE WITH SECTION 4- 2 OF THE CITY CHARTER. WHEREAS, the City of Stillwater, Oklahoma, a municipal corporation (the “City”), and the Stillwater Utilities Authority, a public trust (the “Authority”) have-previously entered into that certain Lease Agreement and Operation and Maintenance Contract dated as of April 1, 1979, duly recorded in the office of the Payne County Clerk at Book 541, Page 819, as amended by that certain Amendment to Lease Agreement and Operation and Maintenance Contract dated as of December 1, 1980, duly recorded in the office of the Payne County Clerk at Book 541, Page 833, as further amended by that certain Amendment to Lease Agreement and Operation and Maintenance Contract dated as of April 1, 1986, duly recorded in the office of the Payne County Clerk at Book 790, Page 059, as further amended by that certain Amendment No. 1, City of Stillwater, Stillwater Utilities Authority, Extension of Lease Agreement and Operation and Maintenance Contract dated May 13, 2013, as further amended by that certain Amendment No. 2, City of Stillwater, Stillwater Utilities Authority, Lease Agreement and Operation and Maintenance Contract dated September 19, 2022, duly recorded in the office of the Payne County Clerk at Book 2733, Page 881, as further amended by that certain Amendment No. 3, City of Stillwater, Stillwater Utilities Authority, Lease Agreement and Operation and Maintenance Contract dated December 5, 2022, duly recorded in the office of the Payne County Clerk at Book 2759, Page 451 (collectively, the “Prior Lease Agreement”); and WHEREAS, pursuant to the Prior Lease Agreement, the City leases its water, sewer and electric systems and improvements thereto (collectively, the “Facilities”), which Facilities are more particularly described in Exhibit A attached to the Prior Lease Agreement, to the Authority to enable the Authority to secure bonds issued by a pledge of its leasehold interest in the Facilities and the proceeds, fees, charges, revenues, income, rents, receipts, issues and benefits; and WHEREAS, the Prior Lease Agreement will expire on June 30, 2069, unless certain enumerated contingencies occur; and WHEREAS, it is necessary to reduce confusion relating to the multiple amendments to the Prior Lease Agreement, and to extend the term of said lease to ensure the continued and uninterrupted operation of the Stillwater Utilities Authority until June 30, 2124; and WHEREAS, the Mayor and City Council deem it appropriate and desirable to restate in full the provisions of the Prior Lease Agreement and to extend the term of said lease until June 30, 2124, and to make other modifications and amendments to the terms of said lease as appropriate by reason of the foregoing; and WHEREAS, the value of the leased property exceeds Two Hundred and Fifty Thousand Dollars ($250,000.00); and WHEREAS, Section 4-2 of the City Charter mandates that the sale or lease of real property wherein the value exceeds Two Hundred and Fifty Thousand Dollars ($250,000.00) shall be done through the adoption of an ordinance; and WHEREAS, the Mayor and City Council deem the lease of this property to be beneficial to and in the best interest of the City of Stillwater; and WHEREAS, it is the intention of the Mayor and City Council to enter into an Amended Lease Agreement and Operation and Maintenance Contract attached hereto as Exhibit “A” for such purpose. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, THAT: SECTION 1: Pursuant to Section 4-2 of the City Charter, the restatement of lease provisions and the extension of the lease term, as reflected in the Amended Lease Agreement and Operation and Maintenance Contract attached hereto as Exhibit “A” is hereby authorized and approved by the Mayor and City Council. The Mayor is further authorized to execute any and all documents necessary to facilitate said transaction(s). SECTION 2: If one or more petitions with signatures of registered qualified voters of the city equal to at least twenty-five (25) percent of the total number of votes cast in the last scheduled general municipal election are filed with the city clerk within thirty (30) days after passage and publication of this ordinance, this ordinance shall not go into effect until the petition or petitions are finally found to be illegal and/or insufficient, or, if any such petition is found legal and sufficient, until the ordinance is approved at an election by a majority of the qualified voters voting on the question. If no petition with signatures is filed, this ordinance shall go into effect thirty (30) days after its passage and publication. SECTION 3: This ordinance shall be published in a newspaper authorized by law to publish legal publications in its entirety within ten (10) days of its passage on second reading by the Mayor and City Council. PASSED, APPROVED, AND ADOPTED THIS 21st DAY OF OCTOBER, 2024. CITY OF STILLWATER, OKLAHOMA WILLIAM H. JOYCE, MAYOR ATTEST: TERESA KADAVY, CITY CLERK (SEAL) Approved as to form and content this 21st day of October, 2024. KIMBERLY CARNLEY, City Attorney First Reading: 10-7-2024 Second Reading: 10-21-2024
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