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Home My WebLink AboutA006 - Letter from Dorsey & Whitney dated March 27, 2002 - March 26 proceedings � b 1 ' City Clerk's Office 515 Clark Avenue,P. O.Box 811 Ames, IA 50010 Caring People Qualify Promgrarnt Phone: 515-239-5105 &eplinnal Service Fax: 515-239-5142 March 27, 2004- Dorsey& Whitney LLP 801 Grand, Suite 3900 Des Moines, Iowa 50309 Attention Robert H. Helmick RE: Ames, Iowa $3,475,000 General Obligation Corporate Purpose Bonds, Series 2002A Your File No. 419370-26 Dear Bob: Enclosed please find the following documents pertaining to the March 26, 2002, City Council meeting to set April 9, 2002, as the date for the hearing on the issuance and sale of the captioned general obligation bonds. 1. Minutes of the meeting to set date for hearing, sale, and issuance of the Bonds. 2. Resolution No. 02-169 setting April 9, 2002, as the date of public hearing for the sale and issuance of the Bonds. 3. Certificate attesting the transcript. 4. Organization Certificate. If you have any questions, please call. Thank you for your assistance. Sincerely, Diane R. Voss City Clerk /dry Enclosures Ames/419370-26/1°'h GBS MINUTES TO SET DATE FOR HEARING, SALE AND ISSUANCE OF please Return To BONDS 00RSEY &W "'"4EY ATfORNEYS P f LAW 419370-24 801 3 peg la."a ; v Ames, Iowa March 26, 2002 The Council of the City of Ames, Iowa, met on March 26, 2002, at s v n o'clock in., at the Council Chambers, City Hall, in the City. The Mayor presided and the roll was called showing the following Council Members present and absent: Present: Cross, Hoffman, Quirmbach, Vegge Wirth Absent: C;nncihi�P Council Member Cross introduced the resolution hereinafter next set out and moved its adoption, seconded by Council Member Wirth ; and after due consideration thereof by the Council, the Mayor put the question upon the adoption of said resolution, and the roll being called, the following named Council Members voted: Ayes: Cross, Hoffman, Ouirmbach,�V gge, Wirth Nays: None Whereupon, the Mayor declared the said resolution duly adopted, as hereinafter set out. At the conclusion of the meeting, and upon motion and vote, the Council adjourned. ayor Attest: a,1,I City Clerk 1 DORSEY& WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Ames/419370-26/1'1/2 GBS RESOLUTION NO. 02-169 Fixing a date of meeting at which it is proposed to take action for the sale and issuance of $3,475,000 General Obligation Corporate Purpose Bonds, Series 2002A, and providing for the advertisement of such sale WHEREAS, the City of Ames, Iowa (the "City"), has heretofore proposed to contract indebtedness and issue $3,475,000 General Obligation Bonds pursuant to the provisions of Division III of Chapter 384 of the Code of Iowa for the purpose of the acquisition, construction, improvement and equipping of parks and recreation grounds and developing a watershed protection area, necessary and useful for the health and welfare of its citizens, including the acquisition of real estate therefor, on and adjacent to the area known as "Halletts Quarry", and has called a special City election to vote on the question of issuing such bonds, at which election the proposition was adopted by a vote in favor equal to at least 60% of the total votes cast for and against the proposition; and WHEREAS, the City desires to offer the Bonds for public sale and to provide for the advertisement of such sale; NOW, THEREFORE, It Is Resolved by the Council of the City of Ames, Iowa, as follows: Section 1. This Council shall meet on the 9th day of April, 2002, at the Council Chambers , in the City, at seven o'clock_.m., at which time and place proceedings will be instituted and action taken for the sale and issuance of the Bonds. Section 2. Sealed bids for the purchase of the Bonds shall be received and canvassed on behalf of the City at 10:00 o'clock a.m. on the 9th day of April, 2002, at the Council Chambers, City Hall, in the City, and the City Council shall meet on the same date at seven o'clock p.m., at the Council Chambers, City Hall, in the City, for the purpose of considering such bids received and considering and passing a resolution providing for the sale and issuance of the Bonds. Section 3. The City Clerk is authorized and directed to publish notice of said sale, as provided by Chapter 75 of the Code of Iowa, in substantially the following form: 2 DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames/419370-26/1°%:GBS NOTICE OF SALE City of Ames, Iowa $3,475,000 General Obligation Corporate Purpose Bonds Sealed bids will be received on behalf of the City of Ames, Story County, Iowa until 10:00 o'clock a.m. on the 9th day of April, 2002, at the offices of City Clerk, City Hall, 515 Clark Avenue, Ames, Iowa 50010, for the purchase of$3,475,000 General Obligation Corporate Purpose Bonds, of the City, at which time such bids will be opened and canvassed. Thereafter such bids will be presented to the City Council for consideration at its meeting to be held at seven o'clock p.m. on the same date at the Council Chambers, City Hall , Ames, Iowa, at which time the Bonds will be sold to the best bidder for cash. No open bids will be accepted. The Bonds will be issued as fully registered bonds in denominations of $5,000 or any integral multiple thereof, will be dated May 1, 2002, will bear interest payable semiannually on each June I and December 1 to maturity, commencing December 1, 2002, and will mature on June 1 in the following years and amounts: Principal Principal Year Amount Year Amount 2003 $120,000 2013 $185,000 2004 130,000 2014 190,000 2005 135,000 2015 200,000 2006 140,000 2016 210,000 2007 145,000 2017 220,000 2008 150,000 2018 230,000 2009 155,000 2019 240,000 2010 160,000 2020 255,000 2011 170,000 2021 265,000 2012 175,000 The right is reserved to the City to call and redeem all of the said Bonds maturing in the years 2012 to 2021, inclusive, in whole or from time to time in part, in one or more units of $5,000, on June 1, 2011, or on any date thereafter prior to maturity (and within a maturity by lot), upon terms of par and accrued interest. Bidders must specify a price of not less than $3,447,200, plus accrued interest. The legal opinion of Dorsey & Whitney LLP, Attorneys, Des Moines, Iowa, will be furnished by the City. A good faith deposit of$34,750 is required and may be forfeited to the City in the event the successful bidder fails or refuses to take and pay for the Bonds. The City reserves the right to reject any or all bids and to waive irregularities in any bid. 3 DORSEY& WHITNEY LLP, ATTORNEYS,DES MOINES, IOWA Ames/419370-26/1''/z GBS The Bonds are being issued pursuant to the provisions of Division III of Chapter 384 of the Code of Iowa and will constitute general obligations of the City, payable from taxes levied upon all the taxable property in the City without limitation as to rate or amount. In order to permit bidders for the Bonds and other participating underwriters in the primary offering of the Bonds to comply with paragraph (b)(5) of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (the "Rule"), the City will covenant and agree, for the benefit of the registered holders and beneficial owners from time to time of the outstanding Bonds, in the resolution awarding the sale and prescribing the terms of the Bonds, to provide annual reports of specified information and notice of the occurrence of certain events, if material. The City is the only "obligated person" with respect to the Bonds within the meaning of the Rule for the purposes of disclosing information on an ongoing basis. A description of the undertaking is set forth in the Official Statement. Failure of the City to enter into an undertaking substantially similar to that described in the Official Statement would relieve the successful bidder of its obligation to purchase the Bonds. The City has complied in all material respects with any undertaking previously entered into by it under the Rule. Bidders should be aware that the official terms of offering to be published in the Official Statement for the Bonds contain additional bidding terms and information relative to the Bonds. In the event of a variance between statements in this Notice of Sale (except with respect to the time and place of the sale of the Bonds and the principal amount offered for sale) and said official terms of offering,the provisions of the latter shall control. By order of the City Council of Ames, Iowa. Diane R. Voss City Clerk 4 DORSEY& WHITNEY LLP,ATTORNEYS,DES MOINES, IOWA Ames/419370-26/1°'/2 GB S Section 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved March 26, 2002. Mayor Attest: City Clerk 5 DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA I Ames/419370-26/1''h GBS STATE OF IOWA COUNTY OF STORY SS: CITY OF AMES I, the undersigned, Clerk of the aforementioned City, do hereby certify that attached hereto is a true and correct copy of the proceedings of the Council of the City relating to the fixing of a date for the initiation of the sale and issuance of $3,475,000 General Obligation Corporate Purpose Bonds, Series 2002A. WITNESS MY HAND and the seal of the City hereto affixed this 26th day of March , 2002. City Clerk (Seal) 6 DORSEY & WHITNEY LLP,ATTORNEYS,DES MINES,IOWA Ames/419370-26/im Y2 GBS STATE OF IOWA COUNTY OF STORY SS: CITY OF AMES I, the undersigned City Clerk, do hereby certify that the aforementioned City is organized and operating under the provisions of Title IX of the Code of Iowa and not under any special charter and that such City is operating under the Mayor-Council form of government and that there is not pending or threatened any question or litigation whatsoever touching the incorporation of the City, the inclusion of any territory within its limits or the incumbency in office of any of the officials hereinafter named. And I do further certify that the following named parties are officials of the City as indicated: Ted Tedesco , Mayor Steven L. Schainker , Manager Duane Pitcher , Finance Officer Diane R. Voss , Clerk Sherry M. Meier , Treasurer Russ Cross , Council Member Steve Goodhue , Council Member Judie Hoffman , Council Member Herman rn,;rmhach , Council Member Daryle Vegge , Council Member Sharon Wirth , Council Member And I do further certify that the City has provided for the office of Treasurer, and the Council has selected the Treasurer aforementioned. WITNESS MY HAND and the seal of the City hereto affixed this 26th day of March , 2002. Cj'Lagi -- ` [z=jj City Clerk (Seal) 7 DORSEY& WHITNEY LLP,ATTORNEYS, DES MINES,IOWA