HomeMy WebLinkAboutA006 - Proceedings from Bond Counsel dated August 14, 2012 Ames/419370-47/1"'h-Rev
MINUTES TO SET DATE FOR HEARING
ON ENTERING INTO A LOAN AND
DISBURSEMENT AGREEMENT
419370-47 (N/1)
Ames, Iowa
August 14, 2012
The City Council of the City of Ames, Iowa, met on August 14, 2012, at seven o'clock
p.m., at the City Hall Council Chambers, 515 Clark Avenue, 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, Orazem, Szopinski, Wacha
Absent: None
Council Member Davis introduced a resolution hereinafter next set out and moved its
adoption, seconded by Council Member Larson; 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: Davis, Goodman, Larson, Orazem, Szopinski, Wacha
Nays: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
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DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES, IOWA
Ames/419370-47/1"'/z-Rev
RESOLUTION NO. 12-446
To fix a date for a public hearing on a Sewer 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 Sanitary Sewer System (the "Utility") in and for the City which
has continuously supplied sanitary sewer 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 Sewer Revenue Loan and
Disbursement Agreement (the "Agreement") in a principal amount not to exceed $3,121,000
pursuant to the provisions of Section 384.24A of the Code of Iowa for the purpose of paying the
cost, to that extent, of 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 28th day of August, 2012, at the City Hall
Council Chambers, 515 Clark Avenue, 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 date of said 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/41937047/1"1/,-Rev
NOTICE OF PROPOSED ACTION TO INSTITUTE
PROCEEDINGS TO ENTER INTO A LOAN AND DISBURSEMENT AGREEMENT
IN A PRINCIPAL AMOUNT NOT TO EXCEED $3,121,000
(SEWER REVENUE)
The City Council of the City of Ames, Iowa, will meet on the 28th day of August, 2012,
at the City Hall 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 $3,121,000, for the
purpose of paying the cost, to that extent, of constructing improvements and extensions to the
Municipal Sanitary Sewer System (the "Utility").
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
solely and only from the Net Revenues of the Utility.
At that time and place, oral or written objections may be filed or made to the proposal to
enter into the Agreement. After receiving objections, the City may determine to enter into the
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 Voss
City Clerk
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DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
Ames/419370-47/1"'/-Rev
Section 3. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Passed and approved August 14, 2012.
Mayor
Attest:
V
City Clerk
On motion and vote, the meeting adjourned.
Mayor
Attest:
City Clerk
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DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
Ames/4 1 93 70-47/1 "h-Rev
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 City Council relating to fixing a date
for hearing on the City Council's proposal to take action in connection with a Sewer Revenue
Loan and Disbursement Agreement.
WITNESS MY HAND this 14 day of August, 2012.
C��A AA
City Clerk
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DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES, IOWA
Ames/419370-47/1"'/-Rev
STATE OF IOWA
COUNTY OF STORY SS:
CITY OF AMES
I, the undersigned City Clerk, do hereby certify that the City of Ames, Iowa 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 City Finance Director
Jami Larson Council Member/Mayor Pro-Tem
Jeremy Davis Council Member
Matthew Goodman Council Member
Peter Orazem Council Member
Victoria Szopinski Council Member
Tom Wacha Council Member
WITNESS MY HAND this 14 day of August, 2012.
City Clerk
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DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES, IOWA
Ames/419370-47/1"'A-Rev
STATE OF IOWA
COUNTY OF STORY SS:
CITY OF AMES
I, the undersigned, City Clerk of the City of Ames, Iowa (the "City"), do hereby certify
that the City established the Municipal Sanitary Sewer System (the "Utility") and that the Utility
has been in continuous operation by the City since its establishment as aforesaid in supplying
sanitary sewer service to the City and its inhabitants.
I further certify that the management and control of the Utility are vested in the Council
of the City, and that no board of trustees exists which has any part of the control and
management of such Utility.
I further certify that the City has no bonds or other obligations of any kind now
outstanding which are secured by and payable from the revenues derived from the operation of
the Utility, except as follows:
Date Type Amount Maturity
(Attach here a separate sheet listing any other outstanding obligations of the
City secured by and payable from the revenues of the Utility excluding the
proposed issue.)
I further certify that the annual earnings and annual operating expenses in connection
with the operation of the Utility for each of the years indicated have been as follows:
Operation and Net Revenues from
Maintenance Expenses Operation Before
Fiscal (do not include Bond Payment of Capital
Year Debt Service and Capital Expenditures and Bond Capital Bond Debt
Ending Gross Revenues Expense Items) Debt Service Expenditures Service
2011 s7C/"Z o?1 $ �" .�_o ' $ 1, `l �s;o3L $
2012 $�,a2p� 2 7� $ 5_{�_,- e C��� $ /.7� -2f/ $ 2�13 $
I do further certify that the rates which were in effect for services furnished to customers
by the Utility during the aforementioned fiscal years were as follows:
(Attach here a copy of each of the rate schedules in effect during such fiscal
years).
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DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
Ames/4 1 93 70-4 7/l S1'/a-Rev
I further certify that the budgeted annual earnings and annual operating expenses in
connection with the operation of the Utility for the Fiscal Year ending June 30, 2013 are as
follows:
Operation and Net Revenues from
Maintenance Expenses Operation Before
Fiscal (do not include Bond Payment of Capital
Year Debt Service and Capital Expenditures and Bond Capital Bond Debt
Ending Gross Revenues Expense Items) Debt Service Expenditures Service
2013 $ 1731 69'3 $ `>', 63k
I do further certify that attached hereto is a true, correct and complete copy of the present
rate ordinance for the Utility.
(Attach here a copy of the current rate ordinance).
WITNESS MY HAND this 14 day of August, 2012.
City Clerk
DORSEY&WHITNEY LLP, ATTORNEYS,DES MOINES, IOWA
ORDINANCE NO.4112
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY
OF AMES, IOWA, BY AMENDING SECTION 28.201(1)(b)(ii)(a)(b),
(2)(b)(ii)(a)(b), (3)(b)(ii)(a)(b), (4)(b)(ii)(a)(b), (5)(b)(ii)(a)(b), (7), (8),
SECTION 28.304(3), THEREOF, FOR THE PURPOSE OF WATER
AND SEWER RATE REVISIONS; REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE
EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN
EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
amending Section 28.201(1)(b)(ii)(a)(b), (2)(b)(ii)(a)(b), (3)(b)(ii)(a)(b), (4)(b)(ii)(a)(b), (5)(b)(ii)(a)(b), (7), (8),
Section 28.304(3)as follows:
"Sec.28.201.WATER RATES AND CHARGES
The rates and charges for water supplied to consumers by the water utility of the city, to be billed on or after July 1,
2012 are as follows:
(1) Residential Rates.
(a) Availability. The residential rate shall apply to all customer accounts within the Ames
corporate limits serving properties that are intended for occupancy by a single family as defined
by the Ames Zoning Ordinance,provided that such accounts consist of no more than two dwelling
units served by a single water meter or to multiple unit residential structures (such as apartment
buildings) where every dwelling unit is separately metered. The rate does not apply to domestic
uses that consist of more than two dwelling units served by a single meter or to water accounts
that provide service for common areas such as shared laundry facilities or for general property
maintenance.
(b) Rate per billing period.For each monthly billing period a residential rate customer:
(i) shall be charged a minimum charge based on meter size,and in addition
(ii) shall be charged for water usage during the billing periods as follows:
(a)for bills mailed on or between July 1 and October 31 (summer period):
$0.0195 per cubic foot for the first 1000 cubic feet of usage
$0.0344 per cubic foot for the next 1500 cubic feet of usage
$0.0517 per cubic foot for all usage over 2500 cubic feet
(b)for bills mailed on or between November 1 and June 30(winter period):
$0.0195 per cubic foot
(2) Non-residential(Commercial)Rates
(a) Availability. The non-residential rate shall apply to all accounts that do not meet the
criteria for residential,irrigation and yard water,rural water,or preferred industrial rates.
(b) Rate per billing period:For each monthly billing period a non-residential customer:
(i)shall be charged a minimum charge based on meter size,and in addition
(ii)shall be charged for water usage during the billing periods as follows:
(a) for bills mailed on or between July 1 and October 31 (summer period):
$0.0255 per cubic foot
(b) for bills mailed on or between November 1 and June 30(winter period):
$0.0195 per cubic foot
(3) Non-Peaking Industrial Rate.
(a) Availability. The non-peaking industrial rate shall be available to all non-residential rate
customers who meet the following criteria:
(i)Average winter usage greater than 100,000 cubic feet per billing period.
Average winter usage per billing period will be calculated by taking the sum of the usage
during the most previous December, January, and February billing periods and dividing
by three.
(ii) The summer peaking factor shall be computed by taking the largest consumption
billed during the most recent summer billing periods (bills mailed July, August,
September, and October) and dividing it by the average winter usage, with the result
expressed as a percentage.
(b) Rate per Billing Period. For each monthly billing period a non-peaking industrial rate
customer:
(i)shall be charged a minimum charge based on meter size,and in addition
(ii)shall be charged for water usage during the billing periods as follows:
(a)for bills mailed on or between July 1 and October 31 (summer period):
$0.195 per cubic foot
(b)for bills mailed on or between November 1 and June 30(winter period):
$0.0195 per cubic foot
(4) Irrigation and Yard Water Service Rate.
(a) Availability. The irrigation and yard water rate shall apply to all separately metered
water uses that meet one of the following criteria:
(i) Serves primarily outdoor water uses, such as irrigation systems and outside hose bibs.
(ii) Serves cooling towers, spray ponds, evaporative condensers, chillers, or such similar
uses where water is used as a medium for cooling.
(iii) Serves as a temporary water service, whether for irrigation purposes or for other
outdoor uses.
(b) Rate per Billing Period.For each monthly billing period an irrigation and yard water rate
customer:
(i)shall be charged a minimum charge as described below, and in addition
(ii)shall be charged for water usage during billing periods as follows:
(a) for bills mailed on or between July 1 and October 31 (summer period):
$0.0281 per cubic foot for the first 2000 cubic feet of usage
$0.0517 per cubic foot for the next 3000 cubic feet of usage
$0.0861 per cubic foot for all usage greater than 5000 cubic feet.
(b)for bills mailed on or between November 1 and June 30(winter period):
$0.0195 per cubic foot
(5) Rural Water Rate.
(a) Availability.The rural water rate shall apply to all customer accounts outside the Ames
corporate limits,except those covered by a separate wholesale contract or agreement for service.
(b) Rate per billing period.For each monthly billing period,a rural water rate customer:
(i) shall be charged a Rural water minimum charge based on meter size.
(ii) shall be charged for water usage during billing periods as follows:
(a)for bills mailed on or between July 1 and October 31 (summer period):
$0.0323 per cubic foot for the first 2000 cubic feet of usage
$0.0594 per cubic foot for the next 3000 cubic feet of usage
$0.0989 per cubic foot for all usage greater than 5000 cubic feet.
(b)for bills mailed on or between November 1 and June 30(winter period):
$0.0224 per cubic foot for all consumption.
(6) Water Rate and Charge Adjustments. It shall be the duty of the director of water and pollution
control to review and recommend to the city council revisions of the rates and charges established and set out in this
division at intervals appropriate to provide for the funding needs of the utility.
(7) Minimum charges. For each monthly billing,each customer shall be charged a minimum
monthly charge based on the size of the water meter(s)and/or irrigation meter(s)at each location. The minimum
monthly charge may be prorated,based on a 30-day billing period,for the customer's initial and/or final bills,
provided that in no case shall the minimum monthly charge be less than four dollars and seventy-eight cents($4.78).
The minimum monthly charge for each water meter location shall be as follows:
Residential,
Non-residential,
Size of Non-peaking Industrial, Yard Water Rural Water
Meter and Irrigation Accounts Accounts Accounts
5/8"or 5/8"x3/4" 9.96 3.77 11.48
3/4 inch 19.92 5.86 22.90
1 inch 39.84 8.16 45.81
1-1/2 inch 79.67 11.25 91.66
2 inch 159.35 14.96 183.32
2 inch,battery of 2 308.74 -- 355.28
2 inch,battery of 3 458.14 -- 527.18
3 inch 318.71 19.46 366.75
4 inch 537.81 24.20 618.83
6 inch 896.35 28.98 1,031.39
8 inch 1,792.70 33.76 2,062.34
10 inch 2,689.05 38.49 3,094.74
(8) Multiple dwellings-Mobile home parks.Multiple dwellings,including mobile home parks,
may be serviced from a single water meter. However,there shall be a surcharge added to the water rates set forth
above,to be calculates as follows:
For a 5/8 inch meter serving 2 or more dwelling units............................... 2.87/month/unit
For a'/,inch meter serving 4 or more dwelling units................................. 2.87/month/unit
For a 1 inch meter serving 8 or more dwelling units.................................. 2.87/month/unit
For a 1-1/2 inch meter serving 16 or more dwelling units.......................... 2.87/month/unit
For a 2 inch meter serving 30 or more dwelling units..................................... 85.81/month
for the first 30 units plus$4.45/month per unit for each
additional unit in excess of 30 units
For a 3 inch or larger meter serving any number of dwelling units............ 3.94/month/unit
For the purposes of this section, a dwelling unit is defined as a self-contained living facility(i.e., including
kitchen and bath)such as an apartment or a licensed independent mobile home space.
(a) For rural customer accounts outside the Ames corporate limits,the multiple unit
charges shown above shall be multiplied by a factor of 1.15.
Sec.28.304. SEWER RATES ESTABLISHED.
(1) Each user shall pay for the services provided by the City based on his use of the treatment works
as determined by water meter readings or other appropriate methods acceptable to the City.
(2) For all users,monthly user charges shall be based on actual water usage,except where a practical
method of wastewater measurement is available. If a user has a consumptive use of water, or in some other manner
uses water which is not discharged into the wastewater collection system,the user charge for that contributor may be
based on readings of a wastewater meter(s)or separate water meter(s) installed and maintained at the user's expense
and in a manner acceptable to the City.
(3) For each monthly billing on or after July 1,2012,each customer shall be charged a minimum
monthly charge. The minimum charge for each location shall be eight dollars and sixty-six cents ($8.66). The
minimum monthly charge may be prorated,based on a 30-day billing period, for the customer's initial and/or final
bills,provided that in no case shall the prorated minimum monthly charge be less than three dollars and thirty-three
cents($3.33). In addition, for all water metered beginning with the first cubic foot each month, each user shall pay
two dollars and twenty-one cents($2.21)per 100 cubic feet.
(Ord. No. 3168, Sec. 1, 4-28-92; Ord. No. 3326, Sec. 2, 5-9-95; Ord. No. 3834, 5-24-05; Ord. No. 3956, 06-10-08)
Section Two.All ordinances,or parts of ordinances, in conflict herewith are hereby repealed to the extent
of such conflict,if any.
Section Three. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this 22ad day of May , 2012.
Ann H.Campbell,May
Diane R.Voss, City Clerk