Empathy List Archives

LV

Larry Vickers

Mon, Dec 28, 2020 7:55 PM

Group:

Hypothetically, if you represented a public trust that attempted to amend its Declaration of Trust to change the make-up of the Trust Board and when doing so failed to get the Board's signatures and obtain the Governor's signature as required by the statutes, and this was done over 10 years ago, how would you go about fixing it....hypothetically...???

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.com http://www.lvickerslaw.com/

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

Group: Hypothetically, if you represented a public trust that attempted to amend its Declaration of Trust to change the make-up of the Trust Board and when doing so failed to get the Board's signatures and obtain the Governor's signature as required by the statutes, and this was done over 10 years ago, how would you go about fixing it....hypothetically...??? Larry Vickers, Jr. Attorney At Law, P.L.L.C. 600 Emporia Street, Suite B Muskogee, Oklahoma 74401 Phone: 918-682-5900 & 303 South Thornton Vian, Oklahoma 74962 Phone: 918-773-4004 http://www.lvickerslaw.com<http://www.lvickerslaw.com/> E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

TC

Toni Capra

Mon, Dec 28, 2020 8:11 PM

Following.

Toni Himes Capra

Attorney at Law

802 SW D Avenue

Lawton, OK 73501

580-355-5551 telephone

580-357-8811 facsimile

From: Larry Vickers
Sent: Monday, December 28, 2020 1:56 PM
To: oama@lists.imla.org
Subject: [Oama] Public Trust

Group:

Hypothetically, if you represented a public trust that attempted to amend its Declaration of Trust to change the make-up of the Trust Board and when doing so failed to get the Board's signatures and obtain the Governor's signature as required by the statutes, and this was done over 10 years ago, how would you go about fixing it....hypothetically...???

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.com

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

DD

david davis

Mon, Dec 28, 2020 8:33 PM

Under 60 os 176 E, the approval of governor is not required unless the state is the beneficiary of the trust. I am assuming the municipality is the beneficiary of the trust. To fix the lack of signatures I would prepare a resolution for the trustees that states that through an oversight the amendments were not signed and have the resolution authorize the trustee to execute the amendment.
The governing body of the beneficiary should also approve the amendment, by 2/3 vote.

CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.com mailto:ddavislaw@live.com

From: Oama oama-bounces@lists.imla.org on behalf of Larry Vickers larry@lvickerslaw.com
Sent: Monday, December 28, 2020 1:55 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Public Trust

Group:

Hypothetically, if you represented a public trust that attempted to amend its Declaration of Trust to change the make-up of the Trust Board and when doing so failed to get the Board's signatures and obtain the Governor's signature as required by the statutes, and this was done over 10 years ago, how would you go about fixing it....hypothetically...???

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.com https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=04%7C01%7C%7C0e32bab3533349facdf908d8ab6a9e02%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637447821709477322%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=soCy3NwxmXj7dqtrK%2B6%2BV9GLv7%2BODAbP2RQezVM3MkA%3D&reserved=0

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

Under 60 os 176 E, the approval of governor is not required unless the state is the beneficiary of the trust. I am assuming the municipality is the beneficiary of the trust. To fix the lack of signatures I would prepare a resolution for the trustees that states that through an oversight the amendments were not signed and have the resolution authorize the trustee to execute the amendment. The governing body of the beneficiary should also approve the amendment, by 2/3 vote. CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message. s/ David A. Davis LAW OFFICE OF DAVID A. DAVIS 4312 N. Classen Blvd. OKLAHOMA CITY, OK 73118 405 840-6353 405 557-0777 (FAX) ddavislaw@live.com<mailto:ddavislaw@live.com> ________________________________ From: Oama <oama-bounces@lists.imla.org> on behalf of Larry Vickers <larry@lvickerslaw.com> Sent: Monday, December 28, 2020 1:55 PM To: oama@lists.imla.org <oama@lists.imla.org> Subject: [Oama] Public Trust Group: Hypothetically, if you represented a public trust that attempted to amend its Declaration of Trust to change the make-up of the Trust Board and when doing so failed to get the Board's signatures and obtain the Governor's signature as required by the statutes, and this was done over 10 years ago, how would you go about fixing it....hypothetically...??? Larry Vickers, Jr. Attorney At Law, P.L.L.C. 600 Emporia Street, Suite B Muskogee, Oklahoma 74401 Phone: 918-682-5900 & 303 South Thornton Vian, Oklahoma 74962 Phone: 918-773-4004 http://www.lvickerslaw.com<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=04%7C01%7C%7C0e32bab3533349facdf908d8ab6a9e02%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637447821709477322%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=soCy3NwxmXj7dqtrK%2B6%2BV9GLv7%2BODAbP2RQezVM3MkA%3D&reserved=0> E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

LV

Larry Vickers

Mon, Dec 28, 2020 8:47 PM

Excellent!

One more hypothetical, the amendment was to add a member to the Trust that was outside the municipality, soooo, that person or persons has been voting and going through the motions of a Trustee, without technically being a Trustee. Therefore, hypothetically, the votes taken over the last 10 years could be invalid...

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.com http://www.lvickerslaw.com/

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

From: david davis ddavislaw@live.com
Sent: Monday, December 28, 2020 2:33:50 PM
To: Larry Vickers; oama@lists.imla.org
Subject: Re: Public Trust

Under 60 os 176 E, the approval of governor is not required unless the state is the beneficiary of the trust. I am assuming the municipality is the beneficiary of the trust. To fix the lack of signatures I would prepare a resolution for the trustees that states that through an oversight the amendments were not signed and have the resolution authorize the trustee to execute the amendment.
The governing body of the beneficiary should also approve the amendment, by 2/3 vote.

CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.com mailto:ddavislaw@live.com

From: Oama oama-bounces@lists.imla.org on behalf of Larry Vickers larry@lvickerslaw.com
Sent: Monday, December 28, 2020 1:55 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Public Trust

Group:

Hypothetically, if you represented a public trust that attempted to amend its Declaration of Trust to change the make-up of the Trust Board and when doing so failed to get the Board's signatures and obtain the Governor's signature as required by the statutes, and this was done over 10 years ago, how would you go about fixing it....hypothetically...???

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.com https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=04%7C01%7C%7C0e32bab3533349facdf908d8ab6a9e02%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637447821709477322%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=soCy3NwxmXj7dqtrK%2B6%2BV9GLv7%2BODAbP2RQezVM3MkA%3D&reserved=0

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

Excellent! One more hypothetical, the amendment was to add a member to the Trust that was outside the municipality, soooo, that person or persons has been voting and going through the motions of a Trustee, without technically being a Trustee. Therefore, hypothetically, the votes taken over the last 10 years could be invalid... Larry Vickers, Jr. Attorney At Law, P.L.L.C. 600 Emporia Street, Suite B Muskogee, Oklahoma 74401 Phone: 918-682-5900 & 303 South Thornton Vian, Oklahoma 74962 Phone: 918-773-4004 http://www.lvickerslaw.com<http://www.lvickerslaw.com/> E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you. ________________________________ From: david davis <ddavislaw@live.com> Sent: Monday, December 28, 2020 2:33:50 PM To: Larry Vickers; oama@lists.imla.org Subject: Re: Public Trust Under 60 os 176 E, the approval of governor is not required unless the state is the beneficiary of the trust. I am assuming the municipality is the beneficiary of the trust. To fix the lack of signatures I would prepare a resolution for the trustees that states that through an oversight the amendments were not signed and have the resolution authorize the trustee to execute the amendment. The governing body of the beneficiary should also approve the amendment, by 2/3 vote. CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message. s/ David A. Davis LAW OFFICE OF DAVID A. DAVIS 4312 N. Classen Blvd. OKLAHOMA CITY, OK 73118 405 840-6353 405 557-0777 (FAX) ddavislaw@live.com<mailto:ddavislaw@live.com> ________________________________ From: Oama <oama-bounces@lists.imla.org> on behalf of Larry Vickers <larry@lvickerslaw.com> Sent: Monday, December 28, 2020 1:55 PM To: oama@lists.imla.org <oama@lists.imla.org> Subject: [Oama] Public Trust Group: Hypothetically, if you represented a public trust that attempted to amend its Declaration of Trust to change the make-up of the Trust Board and when doing so failed to get the Board's signatures and obtain the Governor's signature as required by the statutes, and this was done over 10 years ago, how would you go about fixing it....hypothetically...??? Larry Vickers, Jr. Attorney At Law, P.L.L.C. 600 Emporia Street, Suite B Muskogee, Oklahoma 74401 Phone: 918-682-5900 & 303 South Thornton Vian, Oklahoma 74962 Phone: 918-773-4004 http://www.lvickerslaw.com<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=04%7C01%7C%7C0e32bab3533349facdf908d8ab6a9e02%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637447821709477322%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=soCy3NwxmXj7dqtrK%2B6%2BV9GLv7%2BODAbP2RQezVM3MkA%3D&reserved=0> E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

MS

Mike Segler

Mon, Dec 28, 2020 8:54 PM

Might not hurt to have the Resolution ratify the acts, contracts, etc taken (entered into) by the Board.

Michael D. Segler
Wheatley, Segler & Osby, LLC
501 W. Main
P. O. Box 850126
Yukon, OK 73085
Telephone: (405) 354-5276
Facsimile: (405) 350-0537

This message is confidential and is intended for the addressee(s) only. It may contain material protected by the attorney-client and/or work product privileges. All applicable rights and privileges are expressly reserved. If you received this email in error, please reply to inform the sender of the error and delete this message from your system. Your cooperation is appreciated. This email address is not to be distributed to any entity without written consent.

From: Oama oama-bounces@lists.imla.org On Behalf Of Larry Vickers
Sent: Monday, December 28, 2020 2:47 PM
To: david davis ddavislaw@live.com; oama@lists.imla.org
Subject: Re: [Oama] Public Trust

Excellent!

One more hypothetical, the amendment was to add a member to the Trust that was outside the municipality, soooo, that person or persons has been voting and going through the motions of a Trustee, without technically being a Trustee. Therefore, hypothetically, the votes taken over the last 10 years could be invalid...

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.com http://www.lvickerslaw.com/

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

From: david davis <ddavislaw@live.com mailto:ddavislaw@live.com>
Sent: Monday, December 28, 2020 2:33:50 PM
To: Larry Vickers; oama@lists.imla.org mailto:oama@lists.imla.org
Subject: Re: Public Trust

Under 60 os 176 E, the approval of governor is not required unless the state is the beneficiary of the trust. I am assuming the municipality is the beneficiary of the trust. To fix the lack of signatures I would prepare a resolution for the trustees that states that through an oversight the amendments were not signed and have the resolution authorize the trustee to execute the amendment.
The governing body of the beneficiary should also approve the amendment, by 2/3 vote.

CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.com mailto:ddavislaw@live.com

From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org> on behalf of Larry Vickers <larry@lvickerslaw.com mailto:larry@lvickerslaw.com>
Sent: Monday, December 28, 2020 1:55 PM
To: oama@lists.imla.org mailto:oama@lists.imla.org <oama@lists.imla.org mailto:oama@lists.imla.org>
Subject: [Oama] Public Trust

Group:

Hypothetically, if you represented a public trust that attempted to amend its Declaration of Trust to change the make-up of the Trust Board and when doing so failed to get the Board's signatures and obtain the Governor's signature as required by the statutes, and this was done over 10 years ago, how would you go about fixing it....hypothetically...???

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.com https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=04%7C01%7C%7C0e32bab3533349facdf908d8ab6a9e02%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637447821709477322%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=soCy3NwxmXj7dqtrK%2B6%2BV9GLv7%2BODAbP2RQezVM3MkA%3D&reserved=0

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

Might not hurt to have the Resolution ratify the acts, contracts, etc taken (entered into) by the Board. Michael D. Segler Wheatley, Segler & Osby, LLC 501 W. Main P. O. Box 850126 Yukon, OK 73085 Telephone: (405) 354-5276 Facsimile: (405) 350-0537 ***************************************************************************** This message is confidential and is intended for the addressee(s) only. It may contain material protected by the attorney-client and/or work product privileges. All applicable rights and privileges are expressly reserved. If you received this email in error, please reply to inform the sender of the error and delete this message from your system. Your cooperation is appreciated. This email address is not to be distributed to any entity without written consent. From: Oama <oama-bounces@lists.imla.org> On Behalf Of Larry Vickers Sent: Monday, December 28, 2020 2:47 PM To: david davis <ddavislaw@live.com>; oama@lists.imla.org Subject: Re: [Oama] Public Trust Excellent! One more hypothetical, the amendment was to add a member to the Trust that was outside the municipality, soooo, that person or persons has been voting and going through the motions of a Trustee, without technically being a Trustee. Therefore, hypothetically, the votes taken over the last 10 years could be invalid... Larry Vickers, Jr. Attorney At Law, P.L.L.C. 600 Emporia Street, Suite B Muskogee, Oklahoma 74401 Phone: 918-682-5900 & 303 South Thornton Vian, Oklahoma 74962 Phone: 918-773-4004 http://www.lvickerslaw.com<http://www.lvickerslaw.com/> E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you. ________________________________ From: david davis <ddavislaw@live.com<mailto:ddavislaw@live.com>> Sent: Monday, December 28, 2020 2:33:50 PM To: Larry Vickers; oama@lists.imla.org<mailto:oama@lists.imla.org> Subject: Re: Public Trust Under 60 os 176 E, the approval of governor is not required unless the state is the beneficiary of the trust. I am assuming the municipality is the beneficiary of the trust. To fix the lack of signatures I would prepare a resolution for the trustees that states that through an oversight the amendments were not signed and have the resolution authorize the trustee to execute the amendment. The governing body of the beneficiary should also approve the amendment, by 2/3 vote. CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message. s/ David A. Davis LAW OFFICE OF DAVID A. DAVIS 4312 N. Classen Blvd. OKLAHOMA CITY, OK 73118 405 840-6353 405 557-0777 (FAX) ddavislaw@live.com<mailto:ddavislaw@live.com> ________________________________ From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> on behalf of Larry Vickers <larry@lvickerslaw.com<mailto:larry@lvickerslaw.com>> Sent: Monday, December 28, 2020 1:55 PM To: oama@lists.imla.org<mailto:oama@lists.imla.org> <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: [Oama] Public Trust Group: Hypothetically, if you represented a public trust that attempted to amend its Declaration of Trust to change the make-up of the Trust Board and when doing so failed to get the Board's signatures and obtain the Governor's signature as required by the statutes, and this was done over 10 years ago, how would you go about fixing it....hypothetically...??? Larry Vickers, Jr. Attorney At Law, P.L.L.C. 600 Emporia Street, Suite B Muskogee, Oklahoma 74401 Phone: 918-682-5900 & 303 South Thornton Vian, Oklahoma 74962 Phone: 918-773-4004 http://www.lvickerslaw.com<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=04%7C01%7C%7C0e32bab3533349facdf908d8ab6a9e02%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637447821709477322%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=soCy3NwxmXj7dqtrK%2B6%2BV9GLv7%2BODAbP2RQezVM3MkA%3D&reserved=0> E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

LV

Larry Vickers

Mon, Dec 28, 2020 9:13 PM

Sounds good. Would anyone happen to have an example of what Mr. Segler is describing??

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.com http://www.lvickerslaw.com/

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

From: Mike Segler MSegler@yukonlaw.net
Sent: Monday, December 28, 2020 2:54:51 PM
To: Larry Vickers; david davis; oama@lists.imla.org
Subject: RE: Public Trust

Might not hurt to have the Resolution ratify the acts, contracts, etc taken (entered into) by the Board.

Michael D. Segler
Wheatley, Segler & Osby, LLC
501 W. Main
P. O. Box 850126
Yukon, OK 73085
Telephone: (405) 354-5276
Facsimile: (405) 350-0537

This message is confidential and is intended for the addressee(s) only. It may contain material protected by the attorney-client and/or work product privileges. All applicable rights and privileges are expressly reserved. If you received this email in error, please reply to inform the sender of the error and delete this message from your system. Your cooperation is appreciated. This email address is not to be distributed to any entity without written consent.

From: Oama oama-bounces@lists.imla.org On Behalf Of Larry Vickers
Sent: Monday, December 28, 2020 2:47 PM
To: david davis ddavislaw@live.com; oama@lists.imla.org
Subject: Re: [Oama] Public Trust

Excellent!

One more hypothetical, the amendment was to add a member to the Trust that was outside the municipality, soooo, that person or persons has been voting and going through the motions of a Trustee, without technically being a Trustee. Therefore, hypothetically, the votes taken over the last 10 years could be invalid...

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.com http://www.lvickerslaw.com/

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

From: david davis <ddavislaw@live.com mailto:ddavislaw@live.com>
Sent: Monday, December 28, 2020 2:33:50 PM
To: Larry Vickers; oama@lists.imla.org mailto:oama@lists.imla.org
Subject: Re: Public Trust

Under 60 os 176 E, the approval of governor is not required unless the state is the beneficiary of the trust. I am assuming the municipality is the beneficiary of the trust. To fix the lack of signatures I would prepare a resolution for the trustees that states that through an oversight the amendments were not signed and have the resolution authorize the trustee to execute the amendment.
The governing body of the beneficiary should also approve the amendment, by 2/3 vote.

CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.com mailto:ddavislaw@live.com

From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org> on behalf of Larry Vickers <larry@lvickerslaw.com mailto:larry@lvickerslaw.com>
Sent: Monday, December 28, 2020 1:55 PM
To: oama@lists.imla.org mailto:oama@lists.imla.org <oama@lists.imla.org mailto:oama@lists.imla.org>
Subject: [Oama] Public Trust

Group:

Hypothetically, if you represented a public trust that attempted to amend its Declaration of Trust to change the make-up of the Trust Board and when doing so failed to get the Board's signatures and obtain the Governor's signature as required by the statutes, and this was done over 10 years ago, how would you go about fixing it....hypothetically...???

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.com https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=04%7C01%7C%7C0e32bab3533349facdf908d8ab6a9e02%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637447821709477322%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=soCy3NwxmXj7dqtrK%2B6%2BV9GLv7%2BODAbP2RQezVM3MkA%3D&reserved=0

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

Sounds good. Would anyone happen to have an example of what Mr. Segler is describing?? Larry Vickers, Jr. Attorney At Law, P.L.L.C. 600 Emporia Street, Suite B Muskogee, Oklahoma 74401 Phone: 918-682-5900 & 303 South Thornton Vian, Oklahoma 74962 Phone: 918-773-4004 http://www.lvickerslaw.com<http://www.lvickerslaw.com/> E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you. ________________________________ From: Mike Segler <MSegler@yukonlaw.net> Sent: Monday, December 28, 2020 2:54:51 PM To: Larry Vickers; david davis; oama@lists.imla.org Subject: RE: Public Trust Might not hurt to have the Resolution ratify the acts, contracts, etc taken (entered into) by the Board. Michael D. Segler Wheatley, Segler & Osby, LLC 501 W. Main P. O. Box 850126 Yukon, OK 73085 Telephone: (405) 354-5276 Facsimile: (405) 350-0537 ***************************************************************************** This message is confidential and is intended for the addressee(s) only. It may contain material protected by the attorney-client and/or work product privileges. All applicable rights and privileges are expressly reserved. If you received this email in error, please reply to inform the sender of the error and delete this message from your system. Your cooperation is appreciated. This email address is not to be distributed to any entity without written consent. From: Oama <oama-bounces@lists.imla.org> On Behalf Of Larry Vickers Sent: Monday, December 28, 2020 2:47 PM To: david davis <ddavislaw@live.com>; oama@lists.imla.org Subject: Re: [Oama] Public Trust Excellent! One more hypothetical, the amendment was to add a member to the Trust that was outside the municipality, soooo, that person or persons has been voting and going through the motions of a Trustee, without technically being a Trustee. Therefore, hypothetically, the votes taken over the last 10 years could be invalid... Larry Vickers, Jr. Attorney At Law, P.L.L.C. 600 Emporia Street, Suite B Muskogee, Oklahoma 74401 Phone: 918-682-5900 & 303 South Thornton Vian, Oklahoma 74962 Phone: 918-773-4004 http://www.lvickerslaw.com<http://www.lvickerslaw.com/> E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you. ________________________________ From: david davis <ddavislaw@live.com<mailto:ddavislaw@live.com>> Sent: Monday, December 28, 2020 2:33:50 PM To: Larry Vickers; oama@lists.imla.org<mailto:oama@lists.imla.org> Subject: Re: Public Trust Under 60 os 176 E, the approval of governor is not required unless the state is the beneficiary of the trust. I am assuming the municipality is the beneficiary of the trust. To fix the lack of signatures I would prepare a resolution for the trustees that states that through an oversight the amendments were not signed and have the resolution authorize the trustee to execute the amendment. The governing body of the beneficiary should also approve the amendment, by 2/3 vote. CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message. s/ David A. Davis LAW OFFICE OF DAVID A. DAVIS 4312 N. Classen Blvd. OKLAHOMA CITY, OK 73118 405 840-6353 405 557-0777 (FAX) ddavislaw@live.com<mailto:ddavislaw@live.com> ________________________________ From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> on behalf of Larry Vickers <larry@lvickerslaw.com<mailto:larry@lvickerslaw.com>> Sent: Monday, December 28, 2020 1:55 PM To: oama@lists.imla.org<mailto:oama@lists.imla.org> <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: [Oama] Public Trust Group: Hypothetically, if you represented a public trust that attempted to amend its Declaration of Trust to change the make-up of the Trust Board and when doing so failed to get the Board's signatures and obtain the Governor's signature as required by the statutes, and this was done over 10 years ago, how would you go about fixing it....hypothetically...??? Larry Vickers, Jr. Attorney At Law, P.L.L.C. 600 Emporia Street, Suite B Muskogee, Oklahoma 74401 Phone: 918-682-5900 & 303 South Thornton Vian, Oklahoma 74962 Phone: 918-773-4004 http://www.lvickerslaw.com<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=04%7C01%7C%7C0e32bab3533349facdf908d8ab6a9e02%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637447821709477322%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=soCy3NwxmXj7dqtrK%2B6%2BV9GLv7%2BODAbP2RQezVM3MkA%3D&reserved=0> E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.