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Home My WebLink AboutA002 - Proceedings from Bond Counsel dated August 9, 2016 Ames/419570-57/1",'h-Sewer Rev MINUTES TO SET DATE FOR HEARING ON ENTERING INTO A LOAN AND DISBURSEMENT AGREEMENT 419370-57 (N/1) Ames, Iowa August 9, 2016 The City Council of the City of Ames, Iowa, met on August 9, 2016, at six o'clock p.m., at the City Hall Council Chambers, in the City. The Mayor presided and the roll was called showing the following members of the Council present and absent: Present: Beatty-Hansen, Betcher, Corrieri, Gartin, Nelson, Orazem Absent: None Council Member Betcher introduced a resolution hereinafter next set out and moved its adoption, seconded by Council Member Corrieri; 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: Beatty-Hansen, Betcher, Corrieri, Gartin,Nelson, Orazem Nays: None. Whereupon, the Mayor declared the resolution duly adopted as follows: -1- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames/419_WO-57/15"!-Sewer Rev RESOLUTION NO. 16-449 Resolution to fix a date for a public hearing on a proposal to enter into a Sewer Revenue Loan and Disbursement Agreement and to borrow money thereunder in a principal amount not to exceed $375,000 WHEREAS, the City of Ames (the "City"), in Story County, 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, pursuant to a prior resolution (the "Outstanding Bond Resolution") of the Council, the City has heretofore issued its Sewer Revenue Bond, SRF Series 2012, dated November 16, 2012 (the "Outstanding Bond") in the principal amount of$3,121,000, a portion of which remains outstanding; and WHEREAS, pursuant to the Outstanding Bond Resolution, the City reserved the right to issue additional obligations payable from the net revenues of the Utility and ranking on a parity with the Outstanding Bond; 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 $375,000 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 (the "Project"), 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 23rd day of August, 2016, at the City Hall Council Chambers, in the City, at six 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/4193;0-57/151/,-Sewer,Rev NOTICE OF PROPOSED ACTION TO INSTITUTE PROCEEDINGS TO ENTER INTO A LOAN AND DISBURSEMENT AGREEMENT IN A PRINCIPAL AMOUNT NOT TO EXCEED $375,000 (SEWER REVENUE) The City Council of the City of Ames, Iowa, will meet on the 23rd day of August, 2016, at the City Hall Council Chambers, in the City, at six 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 $375,000, for the purpose of paying the cost, to that extent, of planning, designing and constructing improvements and extensions to the Municipal Sanitary Sewer 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 the City's outstanding Sewer Revenue Bond, SRF Series 2012, dated November 16, 2012, and 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 Municipal Sanitary Sewer System of the City. 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 R. Voss City Clerk DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES, IOWA Ames/419,70-57/1"/-Sewer.Rev Section 3. Pursuant to Section 1.150-2 of the Income Tax Regulations (the "Regulations") of the Internal Revenue Service, the City declares (a) that it intends to undertake the Project which is reasonably estimated to cost at least $375,000, (b) that other than (i) expenditures to be paid or reimbursed from sources other than the issuance of bonds, notes or other obligations (the "Bonds"), or (ii) expenditures made not earlier than 60 days prior to the date of this Resolution or a previous intent resolution of the City, or (iii) expenditures amounting to the lesser of $100,000 or 5% of the proceeds of the Bonds, or (iv) expenditures constituting preliminary expenditures as defined in Section 1.1 50-2(f)(2) of the Regulations, no expenditures for the Project have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution or a prior intent resolution of the City, and (c) that the City reasonably expects to reimburse the expenditures made for costs of the City out of the proceeds of the Bonds. This declaration is a declaration of official intent adopted pursuant to Section 1.150-2 of the Regulations. Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed and approved this August 9, 2016. ��!°t�dti tom'' �G�.�•t� Mayor Attest: City Clerk On motion and vote, the meeting adjourned. Mayor Attest: City Clerk -4- DORSEY & WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames/419370-57/1 "/2;Sewer 9ev STATE OF IOWA STORY COUNTY SS: CITY OF AMES I, the undersigned, 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 9th day of August, 2016. City Clerk -5- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames/419370-57/15"'/z--Sewer-Rev STATE OF IOWA STORY COUNTY 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 the 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 Peter Orazem Council Member/Mayor Pro Tern Bronwyn Beatty-Hansen Council Member Gloria Betcher Council Member Amber Corrieri Council Member Tim Gartin Council Member Chris Nelson Council Member WITNESS MY HAND this 9th day of August, 2016. City Clerk -6- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA