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HomeMy WebLinkAboutA003 - Email correspondence from May, 2022 regarding amount and date of hearingr Voss, Diane From: Baker.Lauren@dorsey.com Sent: Monday, May 16, 2022 12:54 PM To: Voss, Diane Cc: hammond.emily@dorsey.com Subject: RE: Agenda Title (Ames #66) [External Email] Thanks, Diane! Please use the updated "not to exceed" amount. "Resolution to fix a date for a public hearing on proposal to enter into a Water Revenue Loan and Disbursement Agreement and to borrow money thereunder in a principal amount not to exceed $3,500,000" Have a nice afternoon! Lauren Baker Public Finance Paralegal DORSEY & WHITNEY LLP 8oi Grand Avenue Suite 4100 1 Des Moines,IA 50309 P:(515)699-3z84 F(515)864-0207 CONFIDENTIAL COMMUNICATION E-mails from this firm normally contain confidential and privileged material,and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited,and may be a violation of law.If you believe that you received this e-mail in error,please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof,and inform the sender that you have deleted the e-mail,all attachments and any copies thereof. Thank you. Please help reduce paper and ink usage.Print only if necessary. From:Voss, Diane <diane.voss@Cityofames.org> Sent: 16 May, 2022 12:39 PM To: Baker, Lauren <Baker.Lauren@dorsey.com> Subject: RE: Agenda Title (Ames#66) EXTERNAL FROM OUTSIDE DORSEY. BE CAUTIOUS OF LINKS AND ATTACHMENTS. Lauren: So noted. I will add this item to the Council's May 24th Agenda. Thank you. 1 Voss, Diane From: Weiss, Neil Sent: Monday, May 16, 2022 11:24 AM To: Baker.Lauren@dorsey.com; Voss, Diane Cc: Pitcher, Duane; Wisecup, Roger; Nady, Kara; Geesman, Ashley; Dunn, John; Bjork.Amy@dorsey.com; Danos.John@dorsey.com; hammond.emily@dorsey.com; lemke.susan@DORSEY.com; orngard.severie@dorsey.com; Regan.Erin@dorsey.com; ritter.cheryl@dorsey.com; vaught.jessica@dorsey.com Subject: RE: Agenda Title (Ames #66) Hi Lauren, I believe the amount not to exceed should be $3,500,000. Thanks, Neil Weiss, P.E. Assistant Director Ames Water & Pollution Control Department 515.239.5150 main 1 515.370.4431 cell 1 515.239.5251 fox From: Baker.Lauren@dorsey.com <Baker.Lauren @dorsey.com> Sent: Monday, May 16, 2022 10:58 AM To: Voss, Diane <diane.voss@cityofames.org> Cc: Pitcher, Duane <duane.pitcher@cityofames.org>; Wisecup, Roger<roger.wisecup@cityofames.org>; Nady, Kara <kara.nady@cityofames.org>; Geesman, Ashley<ashley.geesman@cityofames.org>; Weiss, Neil <neil.weiss@cityofames.org>; Dunn,John <john.dunn@cityofames.org>; Bjork.Amy@dorsey.com; Baker.Lauren@dorsey.com; Danos.John@dorsey.com; hammond.emily@dorsey.com; lemke.susan@DORSEY.com; orngard.severie@dorsey.com; Regan.Erin@dorsey.com; ritter.cheryl@dorsey.com; vaught.jessica@dorsey.com Subject: Agenda Title (Ames#66) [External Email] Good morning, Below please find the agenda title for the May 24'h City Council meeting in connection with the City's SRF Water Revenue Loan: "Resolution to fix a date for a public hearing on proposal to enter into a Water Revenue Loan and Disbursement Agreement and to borrow money thereunder in a principal amount not to exceed $2,700,000" We will send the proceedings separately. Please contact us with any questions. Thank you, Lauren Baker i Voss, Diane From: Baker.Lauren@dorsey.com Sent: Monday, May 16, 2022 2:06 PM To: Voss, Diane Cc: Pitcher, Duane; Wisecup, Roger; Nady, Kara; Geesman, Ashley; Weiss, Neil; Dunn, John; Bjork.Amy@dorsey.com; Danos.John@dorsey.com; hammond.emily@dorsey.com; lemke.susan@DORSEY.com; orngard.severie@dorsey.com; Regan.Erin@dorsey.com; ritter.cheryl@dorsey.com; vaught.jessica@dorsey.com; Baker.Lauren@dorsey.com; tracy.scebold@iowafinance.com; Tony.Toigo@IowaFinance.com; Gerlachs@pfm.com Subject: Proceedings (Ames #66) Attachments: 1st Half Set Hrg Water Rev LDA (Ames #66 2022)-v2.docx [External Email] Good afternoon, Attached please find proceedings for the May 24, 2022 City Council meeting to enable the Council to set June 14, 2022 as the date for a hearing on the proposal to enter into the SRF Water Revenue Loan and Disbursement Agreement. We have included a letter at the end of the proceedings with additional details and instructions. Please e-mail us with a fully executed scanned copy as soon as they are available. The notice of hearing on the loan agreement must be published at least once, not less than four (4) and not more than �twe days before the June 14th meeting date in a egat-i evT&pa-er ich has a general circulation in Ames. The st date on which this notice can be effectively published is June 10, 2022. If you have questions, please don't hesitate to contact us. Have a nice afternoon! Lauren Baker Public Finance Paralegal 00RSE' Y DORSEY & WHITNEY LLP 8o1 Grand Avenue Suite 4100 l Des Moines,IA 50309 P:(S15)699-3z84 F(515)864-0207 CONFIDENTIAL COMMUNICATION E-mails from thisfirm normally contain confidential and privileged material,and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited,and maybe a violation of law.If you believe that you received this e-mail in error,please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof,and inform the sender that you have deleted the e-mail,all attachments and any copies thereof. Thankyou. Please help reduce paper and ink usage.Print only if necessary. 1 From: Baker, Lauren <Baker.Lauren@dorsey.com> Sent: 16 May, 2022 10:58 AM To:Voss, Diane <diane.voss@cityofames.org> Cc: duane.pitcher@cityofames.org; roger.wisecup@cityofames.org; kara.nady@cityofames.org; ashley.geesman@cityofames.org; neil.weiss@cityofames.org;john.dunn@cityofames.org; Bjork, Amy <Bjork.Amy@dorsey.com>; Baker, Lauren <Baker.Lauren @dorsey.com>; Danos, John <Danos.John@dorsey.com>; Hammond, Emily <hammond.emily@dorsey.com>; Lemke, Susan <lemke.susan@DORSEY.com>; Orngard, Severie <orngard.severie@dorsey.com>; Regan, Erin <Regan.Erin@dorsey.com>; Ritter, Cheryl <ritter.cheryl@dorsey.com>; Vaught, Jessica <vaught.jessica@dorsey.com> Subject: Agenda Title (Ames#66) Good morning, Below please find the agenda title for the May 241h City Council meeting in connection with the City's SRF Water Revenue Loan: "Resolution to fix a date for a public hearing on proposal to enter into a Water Revenue Loan and Disbursement Agreement and to borrow money thereunder in a principal amount not to exceed $3,500,000" We will send the proceedings separately. Please contact us with any questions. Thank you, Lauren Baker Public Finance Paralegal ED0RSEY DORSEY & WHITNEY LLP 8o1 Grand Avenue Suite 4100 1 Des Moines,IA 50309 P:(515)699-3z84 F(S1S)864-0207 CONFIDENTIAL COMMUNICATION E-mails from this firm normally contain confidential and privileged material,and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited,and may be a violation of law.If you believe that you received this e-frail in error,please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof,and inform the sender that you have deleted the e-mail,all attachments and any copies thereof. Thonkyou. Please help reduce paper and ink usage.Print only if necessary. 2 Ames/419370-66/1s"/2-Water 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 approximately $3,500,000, (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 1.150-2(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 May 24, 2022. -NAI Mayo Attest: City Clerk On motion and vote, the meeting adjourned. Mayor Attest: �)6,-A a City Clerk -4- DORSEY& WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames/419370-66/151/z-Water Rev ATTESTATION CERTIFICATE: STATE OF IOWA STORY COUNTY 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 Water Revenue Loan and Disbursement Agreement. WITNESS MY HAND this day of , 2022• City Clerk -5- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames/419370-66/151 h-Water Rev ORGANIZATION AND ESTABLISHMENT CERTIFICATE: STATE OF IOWA STORY COUNTY SS: CITY OF AMES I, the undersigned City Clerk, do hereby certify that the City of Ames 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 1 do further certify that the following named parties are officials of the City as indicated: Mayor City Manager City Clerk City Treasurer Finance Director Council Member/Mayor Pro Tern Council Member Council Member Council Member Council Member Council Member I further certify that the City established the Municipal Waterworks Utility System (the "Utility") prior to January 1, 1961, and that the Utility has been in continuous operation by the City since its establishment as aforesaid in supplying water service to the City and its inhabitants. -6- DORSEY & WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames/419370-66/1"%2-Water Rev I further certify that the management and control of the Utility are vested in the City Council of the City, and that no board of trustees exists which has any part of the control and management of such Utility. WITNESS MY HAND this day of 32022. City Clerk -7- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames/419370-66/1s1/z-Water Rev OUTSTANDING DEBT CERTIFICATE: STATE OF IOWA STORY COUNTY SS: CITY OF AMES 1, the undersigned, City Clerk of the City of Ames, Iowa (the "City"), do hereby 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 Municipal Waterworks Utility System (the "Utility"), except as follows: Date Type Principal Amount Maturity Outstanding 01-30-2015 Water Revenue $ 06-01-2037 (Attach here a separate sheet listing any other outstanding obligations of the City secured by and payable from the revenues of the Utility, if any, excluding the proposed issue.) WITNESS MY HAND this day of , 2022. City Clerk -8- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames/419370-66/151%-Water Rev PUBLICATION CERTIFICATE: (PLEASE NOTE: Please do not date and return this certificate until you have received the publisher's affidavit and have verified that the notice was published on the date indicated in the affidavit, but please return all other completed pages to us as soon as they are available.) STATE OF IOWA STORY COUNTY SS: CITY OF AMES 1, the undersigned, City Clerk of the City of Ames, Iowa (the "City"), do hereby certify that pursuant to the resolution of its City 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 , 2022• City Clerk (Attach here the publisher's original affidavit with clipping of the notice, as published.) -9- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA