HomeMy WebLinkAboutA006 - Letter to Dorsey & Whitney dated February 10, 2010 515 Clark Avenue,P. O.Box 811
CadngPeopk Ames,IA 50010
EtQuality Programs
wepdonal Service Phone: 515-239-5105
Fax: 515-239-5142
February 10, 2010
Dorsey& Whitney LLP
801 Grand, Suite 3900
Des Moines, Iowa 50309
Attention Robert E. Josten
RE: Ames, Iowa
2010 General Obligation Loan Agreements
Your File No. 419370-43
Dear Mr. Josten:
Enclosed please find an Organization Certificate and a fully executed transcript of the proceedings
of the February 9, 2010, meeting wherein the Council set February 23, 2010, as the date of hearing
for action to be taken on the Loan Agreements.
If you have any questions, please call. Thank you for your assistance.
Sincerely,
Diane R. Voss
City Clerk
/dry
Enclosures
,Ames 419370-43/151 Vz G.O.LA's
MINUTES TO SET DATE FOR
Please Return To: HEARINGS ON LOAN AGREEMENTS
DORSEY & WHITNEY
ATTORNEYS AT L/11 ^! 419370-43
Des hlic�lncs, ;c,,vo L—I-) Ames, Iowa
February 9, 2010
The City Council of the City of Ames, Iowa, met on February 9, 2010, at seven o'clock
-.m., at the Council Chambers , in the City. The Mayor presided and the roll was called
showing the following members of the Council present and absent:
Present: Davis, Goodman, Larson, Mahayni, Orazem, Wacha
Absent: None
Council Member Mahayni introduced the resolution hereinafter next set
out, related to setting a date for hearings on general obligation loan agreements, and moved its
adoption, seconded by Council Member Davis
and after due consideration
thereof by the Council, the Mayor put the question upon the adoption of the said resolution and
the roll being called, the following named Council Members voted:
Ayes: Davie Goodman, Larson, Mahayni , Orazem, Wachn
Nays: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
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Dorsey&Whitney LLP,Attorneys,Des Moines,Iowa
Ames 419370-43/11'%G.O.LA's
RESOLUTION NO. 10_036
To fix a date for public hearings on general obligation loan agreements
WHEREAS, pursuant to the provisions of Section 384.24A of the Code of Iowa, the City
of Ames, in the County of Story, State of Iowa (the "City"), proposes to enter into a loan
agreement (the "Essential Corporate Purpose Loan Agreement") in a principal amount not to
exceed $6,600,000, for the essential corporate purposes of paying the cost, to that extent, of
construction of improvements to streets and bridges and acquisition of fire equipment, and it is
necessary to fix a date of meeting of the Council at which it is proposed to take action to enter
into the Essential Corporate Purpose Loan Agreement and to give notice thereof as required by
such law; and
WHEREAS, pursuant to the provisions of Section 384.24A of the Code of Iowa, the City
also proposes to enter into a loan agreement (the "General Corporate Purpose Loan Agreement")
in a principal amount not to exceed $90,000 for the general corporate purpose of paying the cost,
to that extent, of constructing improvements to the City Hall, and, in lieu of calling an election
therefor, the City desires to institute proceedings to enter into such loan agreement by causing a
notice of such proposal to be published, including notice of the right to petition for an election,
under the provisions of Section 384.26 of the Code of Iowa;
NOW, THEREFORE, Be It Resolved by the City Council of the City of Ames, Iowa, as
follows:
Section 1. This Council shall meet on February 23, 2010, at the
Council Chambers , in the City, at seven o'clock �.m., at which time and place the
hearings will be held and proceedings will be instituted and action taken to enter into the loan
agreements.
Section 2. The City Clerk is hereby directed to give notice of the proposed action on
the Essential Corporate Purpose Loan Agreement, setting forth the amount and purpose thereof,
the time when and place where the said meeting will be held, by publication at least once and not
less than 4 nor more than 20 days before the meeting, in a legal newspaper which has a general
circulation in the City. The notice shall be in substantially the following form:
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Dorsey&Whitney LLP,Attorneys,Des Moines,Iowa
Ames 419370-43/1S`'/2 G.O.LA's
NOTICE OF PROPOSED ACTION TO INSTITUTE PROCEEDINGS TO ENTER INTO
A LOAN AGREEMENT IN A PRINCIPAL AMOUNT
NOT TO EXCEED $6,600,000
(GENERAL OBLIGATION ESSENTIAL CORPORATE PURPOSE)
The City Council of the City of Ames, Iowa, will meet on February 23, 2010, at the
C:ounci 1 Chambpre , in the City, at seven o'clock __p_.m., for the purpose of instituting
proceedings and taking action to enter into a loan agreement (the "Essential Corporate Purpose
Loan Agreement") in a principal amount not to exceed $6,600,000 for the purpose of paying the
cost, to that extent, of construction of improvements to streets and bridges and acquisition of fire
equipment.
The Essential Corporate Purpose Loan Agreement is proposed to be entered into pursuant
to authority contained in Section 384.24A of the Code of Iowa and will constitute a general
obligation of the City.
At that time and place, oral or written objections may be filed or made to the proposal to
enter into the Essential Corporate Purpose Loan Agreement. After receiving objections, the City
Council may determine to enter into the Essential Corporate Purpose Loan Agreement, in which
case, the decision will be final unless appealed to the District Court within fifteen (15) days
thereafter.
By order of the City Council of the City of Ames, Iowa.
Diane R. Voss
City Clerk
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Dorsey&Whitney LLP,Attorneys,Des Moines,Iowa
Ames 419370-43/1"%:G.O.LA's
Section 3. The City Clerk is hereby directed to give notice of the proposed action on
the General Corporate Purpose Loan Agreement setting forth the amount and purposes thereof,
the time when and place where the meeting will be held, by publication at least once and not less
than 10 nor more than 20 days before the meeting, in a legal newspaper which has a general
circulation in the City. The notice shall be in substantially the following form:
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Dorsey&Whitney LLP,Attorneys,Des Moines,Iowa
J
Ames 419370-43/1"%G.O.LA's
NOTICE OF PROPOSED ACTION TO INSTITUTE PROCEEDINGS TO ENTER INTO
A LOAN AGREEMENT IN A PRINCIPAL AMOUNT
NOT TO EXCEED $90,000
(GENERAL OBLIGATION GENERAL CORPORATE PURPOSE)
The City Council of the City of Ames, Iowa, will meet on February 23, 2010, at the
Council Chambers , in the City, at seven o'clock p.m., for the purpose of instituting
proceedings and taking action to enter into a loan agreement (the "General Corporate Purpose
Loan Agreement") in a principal amount not to exceed $90,000 for the purpose of paying the
cost, to that extent, of constructing improvements to the City Hall.
This Loan Agreement is proposed to be entered into pursuant to authority contained in
Section 384.24A of the Code of Iowa and will constitute a general obligation of the City.
The maximum rate of interest which may be payable under this Loan Agreement is 6%
per annum.
At any time before the date fixed for taking action to enter into this Loan Agreement, a
petition may be filed with the City Clerk of the City asking that the question of entering into this
Loan Agreement be submitted to the registered voters of the City, pursuant to the provisions of
Section 384.26 of the Code of Iowa.
By order of the City Council of the City of Ames, Iowa.
Diane R. Voss
City Clerk
s
Dorsey&Whitney LLP,Attorneys,Des Moines,Iowa
Ames 41 9370-43/1 51%G.O.LA's
Section 4. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Passed and approved February 9, 2010.
Mayor
Attest:
1 • U 1
City Clerk
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Dorsey&Whitney LLP,Attorneys,Des Moines,Iowa
J
Ames 449370-43/151 j/.G.O.LA's
On motion and vote, the meeting adjourned.
A.
Mayor
Attest:
City Clerk
Dorsey&Whitney LLP,Attorneys,Des Moines,Iowa
Ames 419370-43/1"1/z G.O.LA's
STATE OF IOWA
COUNTY OF STORY SS:
CITY OF AMES
I, the undersigned, City Clerk of the City of Ames, Iowa, do hereby certify that attached
hereto is a true and correct copy of the proceedings of the Council relating to fixing a date for
hearings on the Council's proposal to take action in connection with certain loan agreements, as
referred to therein.
WITNESS MY HAND this q day of Cb vuGL v , 2010.
� r
City Clerk
s
DorseyWhitney&Whitne LLP,Attorneys,Des Moines,Iowa
J
Ames 41,9370-43/1"'/z G.O.LA's
STATE OF IOWA
COUNTY OF STORY SS:
CITY OF AMES
I, the undersigned City Clerk of the City of Ames, Iowa, do hereby certify that the 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:
Ann H. Campbell Mayor
StPVpn T._ Schainkpr City Manager
Diane R. Voss City Clerk
.Terpm>> Mavis Council Member
Matthew Goodman Council Member
Jami Larson Council Member
Riad Mahayni Council Member
Peter Orazem Council Member
`Thomas Wacha Council Member
WITNESS MY HAND this 9 day of February , 2010.
City Clerk
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Dorsey&Whitney LLP,Attorneys,Des Moines,Iowa