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Home My WebLink AboutA080 - Letter to Dorsey & Whitney dated November 26, 2014 l3r- � Ames" Smart Choice November 26, 2014 Dorsey & Whitney LLP 801 Grand, Suite 4100 Des Moines, Iowa 50309 Attention Robert E. Josten RE: Ames, Iowa Water Revenue Loan a"sbursement Agreement Your File No. 419376-42 Dear Mr. Josten: Enclosed please find a fully executed transcript of the proceedings of the November 25, 2014, meeting wherein the Council set December 9, 2014, as the date of hearing for entering into a SRF Water Revenue Loan for planning, designing, and constructing a new Water Plant. I have sent the Notice of Hearing to the Ames Tribune, requesting same be published on December 2, 2014. A copy of the Proof of Publication will be faxed as soon as I receive it. If you have any questions, please call. Thank you for your assistance. Sincerely, Diane R. Voss City Clerk /dry Enclosure Ames/419370-42/Set Hrg Water Rev LDA MINUTES TO SET DATE FOR HEARING ON ENTERING INTO A LOAN AND DISBURSEMENT AGREEMENT 419370-42 (N/I) Ames, Iowa November 25, 2014 The City Council of the City of Ames, Iowa, met on November 25, 2014, at seven o'clock p.m., in 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: Betcher, Corrieri, Gartin, Goodman,Nelson, Orazem Absent: None. Council Member Nelson introduced a resolution hereinafter next set out and moved its adoption, seconded by Council Member Goodman; 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: Betcher, Corrieri, Gartin, Goodman, Nelson, Orazem Nays: None. Whereupon, the Mayor declared the resolution duly adopted as follows: -1- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA [DORSEY November 25, 2014 VIA EMAIL Diane R. Voss City Clerk/City Hall Ames, IA Re: ENo. SRF Water Revenue Loan and Disbursement Agreement 370-42 Dear Diane: We have prepared and attach proceedings for the November 25, 2014 City Council meeting to enable the Council to set December 9, 2014, as the date for a hearing on the proposal to enter into the SRF Water Revenue Loan and Disbursement Agreement (the "Agreement"). The documents attached include the following items: Resolution fixing the date of meeting at which it is proposed to take action to enter �tothe Agreement. The form of notice is set out as part of Section 2 of the resolution. Please insert the time and place of the hearing in both the resolution and the notice. Certificate attesting the transcript. Organization certificate. 4. Certificate with respect to publication of the notice, to which must be attached the publi s affidavit of publication with a clipping of the notice as published. The notice must be published at least once, not less than 4 nor more than 20 days before �A the meeting date set for the hearing, in a legal newspaper which has a general circulation in ,o Ames. As soon as the notice appears in the newspaper, please have a copy faxed to our office at (515) 283-1060. cY VdIi) r:UE L ' VY'YdW' C,, .,>_Y.i., )MF T �u. 0 .)0 � F 51t�. 83. 106'v SI C i C Rr;ND S(_!I T.... Ct ( ' DES '1 OINES, IOWA 5,0-`09-27 C. USA CANA[DA EUROPE ASIA-PACIFIC Page 2 Please return one fully executed copy of all completed pages to us as soon as they are available. Please call me if you have questions. Y Very truly yours, Robert E. Josten Attachments cc: Duane Pitcher John Dunn Tracy Scebold, Iowa Finance Authority Public Financial Management Ames/419370-42/Set Hrg Water Rev LDA �Ccj P P STATE OF IOWA ._.., COUNTY OF STORY SS: CITY OF AMES —f- ) P I, the undersigned, Clerk of the City of Ames, do hereby certify that pursuant to the resolution of its Council fixing a date of meeting at which it is proposed to take action to enter into a loan and disbursement agreement, the notice, of which the printed slip attached to the publisher's affidavit hereto attached is a true and complete copy, was published on the date and in the newspaper specified in such affidavit, which newspaper has a general circulation in the City. WITNESS MY HAND this day of December, 2014. City Clerk (Attach here the publisher's original affidavit with clipping of the notice, as published.) _7_ DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames/419370-42/Set Hrg Water Rev LDA RESOLUTION NO. 14-596 To fix a date for a public hearing on a Water Revenue Loan and Disbursement Agreement WHEREAS, the City of Ames (the "City"), in the County of Story, State of Iowa, did heretofore establish a Municipal Waterworks System (the "Utility") in and for the City which has continuously supplied water and water service in and to the City and its inhabitants since its establishment; and WHEREAS, the management and control of the Utility are vested in the City Council (the "Council") and no board of trustees exists for this purpose; and WHEREAS, the City now proposes to enter into a Water Revenue Loan and Disbursement Agreement (the "Agreement") in a principal amount not to exceed $76,606,000 pursuant to the provisions of Section 384.24A of the Code of Iowa for the purpose of paying the cost, to that extent, of planning, designing and constructing improvements and extensions to the Utility, 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 Agreement and to give notice thereof as required by such law; NOW, THEREFORE, Be It Resolved by the City Council of the City of Ames, Iowa, as follows: Section 1. This Council shall meet on the 91" day of December, 2014, in the City Council Chambers, in the City, at seven o'clock p.m., at which time and place a hearing will be held and proceedings will be instituted and action taken to enter into the Agreement. Section 2. The City Clerk is hereby directed to give notice of the proposed action on the 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 four nor more than twenty 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: -2- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames/419370-42/Set Hrg Water Rev LDA NOTICE OF PROPOSED ACTION TO INSTITUTE PROCEEDINGS TO ENTER INTO A LOAN AND DISBURSEMENT AGREEMENT IN A PRINCIPAL AMOUNT NOT TO EXCEED $76,606,000 (WATER REVENUE) The City Council of the City of Ames, Iowa, will meet on the 9th day of December, 2014, in the City 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 and disbursement agreement (the "Agreement") and borrow money in a principal amount not to exceed $76,606,000 for the purpose of paying the cost, to that extent, of planning, designing and constructing improvements and extensions to the Municipal Waterworks System. The Agreement will not constitute a general obligation of the City, nor will it be payable in any manner by taxation but, together with any additional obligations of the City as may be hereafter issued and outstanding from time to time ranking on a parity therewith, will be payable solelyand only from the Net Revenues of the Municipal Waterworks System of the City. Y P At that time and place, oral or written objections may be filed or made to the proposal to h it may determine to enter into the enter into the Agreement. After receiving objections, t e C � gY Y 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 -3- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames/419370-42/Set Hrg Water Rev LDA Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed and approved this November 25, 2014. Mayor Attest: City Clerk On motion and vote, the meeting adjourned. Cam' ' Mayor Attest: City Clerk -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames/419370-42/Set Hrg Water Rev LDA STATE OF IOWA COUNTY OF STORY SS: CITY OF AMES I, the undersigned, Clerk of the City of Ames, do hereby certify that attached hereto is a true and correct copy of the proceedings of the City Council relating to fixing a date for hearing on the City Council's proposal to take action in connection with a Water Revenue Loan and Disbursement Agreement. WITNESS MY HAND this 25 day of November, 2014. w City Clerk -5- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA 1 Ames/419370-42/Set Hrg Water Rev LDA STATE OF IOWA COUNTY OF STORY SS: CITY OF AMES I, the undersigned City Clerk, 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 Diane R. Voss City Clerk Steven L. Schainker City Manager Roger Wisecup City Treasurer Duane Pitcher Finance Director Matthew Goodman Council Member/Mayor Pro-Tem Gloria Betcher Council Member Amber Corrieri Council Member Tim Gartin Council Member Chris Nelson Council Member Peter Orazem Council Member WITNESS MY HAND this 25 day of November, 2014. City Clerk -6- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA