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HomeMy WebLinkAboutA020 - Closing Certificate dated September 30, 2016 Amesl419370-54/FDC-Rev Please Return To: • R DORSEY & WHITNEY ATTORNEYS AT LAW CLOSING CERTIFICATE 801 Grand, Suite 4100 Des Moines, Iowa 50309 We, the undersigned, Mayor, City Clerk and City Treasurer of the City of Ames, Iowa (the "City"), do hereby certify as of September 30, 2016 (the "Dated Date"), that we are now and were at the time of the execution of the City's $797,000 Taxable Sewer Revenue Bond, Series 2016 (the "Series 2016 Bond"), the officers respectively above indicated of the City; that in pursuance of Chapter 384 of the Code of Iowa, a resolution adopted by the City Council on September 13, 2016 (the "Resolution"), and a certain Loan and Disbursement Agreement (the "Agreement"), by and between the City and the Iowa Finance Authority, Des Moines, Iowa, as lender (the "Lender"), the Series 2016 Bond has been heretofore lawfully authorized and this day by us lawfully issued and delivered to the Lender and pursuant to the Agreement, the Lender shall loan to the City the maximum sum of$797,000. The Series 2016 Bond has been executed by the Mayor and City Clerk; the certificate on the back of the Series 2016 Bond has been executed by the City Treasurer; and the Series 2016 Bond has been fully registered as to principal and interest in the name of the Lender on the registration books of the City. We further certify that the Series 2016 Bond is being issued to evidence the City's obligation under the Agreement entered into by the City for the purpose of providing funds to pay a portion of the cost of planning, designing and constructing improvements and extensions (the "Project")to the Municipal Sanitary Sewer System of the City (the "Utility"). We further certify that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the titles of these officers to their respective positions or the proceedings incident to the authorization of the Series 2016 Bond or in any way concerning the validity of the Series 2016 Bond or the power and duty of the City to appropriate and apply the Net Revenues (as defined in the Resolution) from the operation of the Utility to the full and prompt payment of the principal of and interest on the Series 2016 Bond, and that none of the proceedings incident to the authorization and issuance of the Series 2016 Bond has been repealed or rescinded. We further certify that no appeal of the decision of the City to enter into the Agreement and to issue the Series 2016 Bond has been taken to the district court. We further certify that the City has no other bonds or obligations of any kind now outstanding secured by or payable from the revenues to be derived from the operation of the Utility, except for the City's outstanding Sewer Revenue Bond, SRF Series 2012, dated November 16, 2012. We further certify that no board of trustees has been created for the management and control of the Utility and such management and control are vested in the Council of the City. -1- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames/4193 70.50/FDC-Rev ♦t We further certify that all meetings held in connection with the Series 2016 Bond were open to the public at a place reasonably accessible to the public and that notice was given at least 24 hours prior to the commencement of all meetings by advising the news media who requested notice of the time, date,place and the tentative agenda and by posting such notice and agenda at the City Hall or principal office of the City on a bulletin board or other prominent place which is easily accessible to the public and is the place designated for the purpose of posting notices of meetings. IN WITNESS WHEREOF, we have hereunto affixed our hands on the Dated Date. CITY OF AMES, IOWA Mayor Attest: r City Clerk 4�� City Treasurer l�i� � �`f �a� ✓tc�►'1C����°� r -2- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA