Loading...
HomeMy WebLinkAboutA007 - Proceedings from September 14, 2004 meeting City Clerk's Office 515 Clark Avenue,P.0.Box 811 AG�nghopLe Ames,IA 50010 Quality Pmgmins Phone: 515-239-5105 Exceptions(.Service Fax: 515-239-5142 September 15, 2004 Dorsey& Whitney LLP 801 Grand, Suite 3900 Des Moines, Iowa 50309 Attention Robert E. Josten RE: Ames, Iowa General Obligation Corporate Purpose Bonds, Series 2004 Your File No. 419370-32 Dear Mr. Josten: Enclosed please find the proceedings from our September 14, 2004, meeting wherein the Council held the hearing on the above-mentioned Bonds and passed Resolution No. 04-414 approving issuance of same. I have sent the Notice of Sale for publication and will forward the Proof of Publication to you as soon as I receive same. If you have any questions,please call. Thank you for your assistance. Sincerely, Diane R. Voss City Clerk /dry Enclosure Ames/419370-32/2nd'/2Bond Hrg/1"'/z GBS 419370-32 (2"d %Bond Hrg/1" 1/2 Bond Sale) Ames, Iowa September 14, 2004 The City Council met on September 14, 2004, at 7:00 o'clock p.m., at the Council Chambers, City Hall, Ames, Iowa, pursuant to prior action of the Council and to law, for the purpose of instituting proceedings to issue General Obligation Corporate Purpose Bonds and for the transaction of such other business as may come before the meeting. The meeting was called to order by the Mayor, and the roll being called, the following named Council Members were present and absent: Present: Cross, Goodhue, Goodman,Vegge Absent: Mahayni, Wirth The Council investigated and found that a notice of intention to institute proceedings for the issuance of the aforementioned bonds had been duly published as provided by law and that this is the time and place at which the Council shall receive oral or written objections from any resident or property owner of the City. The City Clerk announced that no written objections had been previously filed; the Mayor called for any oral or written objections from any resident or property owner of the City and there were none. Council Member �nn�h„P introduced the resolution next hereinafter set out, and moved that the resolution be adopted, seconded by Council Member Cross After due consideration, the Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes: Cross, Goodhue, Goodrhan, Vegge Nays: - - Whereupon, the Mayor declared the resolution duly adopted, as hereinafter set out. DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames/419370-32/2°''/2Bond Hrg/1''/z GBS At the conclusion of the meeting, and upon motion a vote, the_Coouncil adjourned. Mayor Attest: City Clerk -2- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames/419370-32/2°'%Z Bond Hrg/1"'/z GBS RESOLUTION NO. 04_414 Resolution combining and taking additional action for the issuance and fixing the time and place for the sale of General Obligation Corporate Purpose Bonds, Series 2004, and providing for the advertisement of such sale WHEREAS, on June 26, 2001, the City of Ames, in the County of Story, State of Iowa (hereinafter referred to as the "City"), held a special City election to vote on the question of issuing general obligation corporate purpose bonds in a principal amount not exceeding $4,970,000 (the "Authorized Issue"), to provide funds to pay costs of the acquisition, construction, improvement and equipping of parks and recreation grounds and the developing of 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" (the "Parks and Recreation Project"), 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, under date of May 1, 2002, the City issued $3,475,000 General Obligation Corporate Purpose Bonds, Series 2002A, of the Authorized Issue, and under date of September 1, 2003, the City included an additional $1,425,000 of the Authorized Issue in its General Obligation Corporate Purpose Bonds, Series 2003; and WHEREAS, the City deems it necessary and advisable at this time to issue the remaining $70,000 of the Authorized Issue to pay the cost, to that extent, of carrying out its Ada Hayden Heritage Park project as part of the Parks and Recreation Project; and WHEREAS, pursuant to notice of the proposed action of the City Council to institute proceedings for the issuance of $5,960,000 General Obligation Corporate Purpose Bonds (the "Essential Corporate Purpose Bonds") for the purpose of funding the construction of various street and storm sewer improvements; bridge rehabilitation; and the acquisition of equipment for the fire department, heretofore given in strict compliance with the provisions of Chapter 384 of the Code of Iowa and hearing held thereon, the Council may now take additional action to issue such bonds; and WHEREAS, pursuant to Section 384.28 of the Code of Iowa, the Council may include in a single resolution any number or combination of essential corporate purposes and general corporate purposes and sell a single issue of bonds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, as follows: Section 1. The City Council hereby determines to combine the Essential Corporate Purpose Bonds and the remaining $70,000 of the Authorized Issue into a single issue of General Obligation Corporate Purpose Bonds, Series 2004 (hereinafter referred to as the `Bonds"), in the aggregate principal amount of$6,030,000. Section 2. Pursuant to Section 75.14 of the Code of Iowa, the City Council hereby authorizes the use of electronic bidding procedures for the sale of the Bonds through Parity, and hereby finds and determines that the Parity competitive bidding system will provide reasonable -3- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames/419370-32/2°d j/2 Bond Hrg/1s''h GBS security and maintain the integrity of the competitive bidding process and will facilitate the delivery of bids by interested parties under the circumstances of this bond sale Section 3. 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 28t' day of September, 2004, at the office of the Director of Finance, City Hall, Ames, Iowa, and the City Council shall meet on the same date at 7:00 o'clock p.m., at the Council Chambers, City Hall, Ames, Iowa, for the purpose of considering such bids received and considering and passing a resolution providing for the award and issuance of the Bonds, and the City Clerk is hereby authorized and directed to publish notice of said sale, as provided by Chapter 75 of the Code of Iowa, in substantially the following form: -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames/419370-32/2°d%Bond Hrg/1#%GBS NOTICE OF SALE City of Ames, Iowa $6,030,000 General Obligation Corporate Purpose Bonds, Series 2004 Bids will be received on behalf of the City of Ames, Iowa, until 10:00 o'clock a.m. on September 28, 2004, for the purchase of $6,030,000 General Obligation Corporate Purpose Bonds, Series 2004, of the City. Any of the methods set forth below may be used, but no open bids will be accepted: Sealed Bidding: Sealed bids will be received at the office of the Director of Finance, City Hall, Ames, Iowa. Electronic Internet Bidding: Electronic internet bids will be received at the office of the Director of Finance, City Hall, Ames, Iowa, and must be submitted through Parity. Electronic Facsimile Bidding: Electronic facsimile bids will be received at the office of the Director of Finance, City Hall,Ames, Iowa, and will be sealed and treated as sealed bids. After the deadline for receipt of bids has passed, sealed bids will be opened and announced, and electronic internet bids will be accessed and announced. All bids will be presented to the City Council for consideration at its meeting to be held at 7:00 o'clock p.m. on September 28, 2004, at the Council Chambers, City Hall, Ames, Iowa, at which time the Bonds will be sold to the best bidder for cash. The Bonds will be issued as fully registered bonds in denominations of $5,000 or any integral multiple thereof, will be dated October 15, 2004, will bear interest payable semiannually on each June 1 and December 1 to maturity, commencing June 1, 2005, and will mature on June 1 in the following years and amounts: Principal Principal Year Amount Year Amount 2005 $600,000 2010 $595,000 2006 $535,000 2011 $620,000 2007 $545,000 2012 $640,000 2008 $560,000 2013 $665,000 2009 $580,000 2014 $690,000 The right is reserved to the City to call and redeem all of the said Bonds maturing in the years 2013 and 2014 in whole or from time to time in part, in one or more units of$5,000, on June 1, 2012, or on any date thereafter prior to and in any order of maturity (and within a maturity by lot),upon terms of par and accrued interest. -5- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOMES,IOWA Ames/419370-32/2od%2 Bond Hrg/1'%2 GBS Bidders must specify a price of not less than $5,993,820, 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$60,300 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. 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. 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 Voss City Clerk -6- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames/419370-32/2 d 1/2 Bond Hrg/V%z GBS Section 4. All resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved September 14, 2004. Mayor Attest: City Clerk -7- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA • Ames/419370-32/2°d'/2 Bond Hrg/1'1/z GBS STATE OF IOWA COUNTY OF STORY SS: CITY OF AMES I, the undersigned, City 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 hearing on the issuance and the fixing of a date for the sale of$6,030,000 General Obligation Corporate Purpose Bonds, Series 2004. WITNESS MY HAND and the seal of the City hereto affixed this 14th day of September ,2004. City Clerk (Seal) -8- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA