HomeMy WebLinkAboutA005 - Letter from Dorsey Whitney dated November 15, 2022 - November 22 proceedings HORSEY"
always ahead
iJ��k-
November 15, 2022 I
VIA EMAIL
Renee Hall
City Clerk/City Hall
Ames, Iowa
Re: $12,700,000 SRF Sewer Revenue Loan and Disbursement Agreement
Our File No. 419370-71
Dear Renee:
We have prepared and attach proceedings related to the public hearing and additional action on
the Sewer Revenue Loan and Disbursement Agreement (the "Agreement") for the November 22, 2022
City Council meeting.
The proceedings attached include the following items: ✓
1. Minutes of th mee ' coverin the public hearing, followed by the resolution taking
additional action ' ec ion e A ent. This resolution simply sets forth the City Council's
determination to enter into the Agreement in the future and its adoption constitutes the "additional action"
required by the Iowa Code.
2. Attestation Certificate with respect to the validity of the transcript.
On November 22, the City Council should meet as scheduled and hold the hearing on its intention
to enter into the Agreement. The minutes as drafted assume that no objections will be filed or made.
Please return one fully executed copy of these proceedings to our office as soon as possible.
Please call Emily Hammond, Lauren Baker or me if you have questions.
Best regards,
John P. Danos
Attachments
cc: Steven Schainker
Roger Wisecup
Kara Nady
Susanne Gerlach
Tracy Scebold
Tony Toigo
Lee Wagner
8oi Grand Avenue I Suite 41001 Des Moines,IA 150309-8002 IT 53-5.283.1000 I F 515.283.so6o I dorsey.com
Ames/419370-71/Hrg Only Sewer Rev LDA
�"cz
/-v (Hearing - Sewer Revenue)
419370-71
yt-
Ames, Iowa
November 22, 2022
The City Council of the City of Ames, Iowa, met on November 22, 2022, at 6:00 p.m., in
the City Hall — Council Chambers, in the City. The meeting was called to order by the Mayor,
and the roll was called showing the following members of the Council present and absent:
Present: Beatty-Hansen Betcher, Corrieri Gartin Junck Rollins
Absent: None.
This being the time and place specified for holding the public hearing and taking action
on the proposal to enter into a Sewer Revenue Loan and Disbursement Agreement, the City
Clerk announced that no written objections had been placed on file. Whereupon, the Mayor
called for any written or oral objections, and there being none, the Mayor declared the public
hearing closed.
After due consideration and discussion, Council Member Betcher introduced the
following resolution and moved its adoption, seconded by Council Member Gartin. The Mayor
put the question upon the adoption of said resolution, and the roll being called, the following
Council Members voted:
Ayes: Beatty-Hansen, Betcher, Corrieri, Gartin, Junck, Rollins
Nays: None.
Whereupon, the Mayor declared the resolution duly adopted, as follows:
-1-
DORSEY & WHITNEY LLP,ATTORNEYS,DES MOINES, IOWA
Ames/419370-71 /Hrg Only Sewer Rev LDA
RESOLUTION NO. 22-609
Resolution taking additional action on proposal to enter into a Sewer Revenue
Loan and Disbursement Agreement
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 of the Council, the City has heretofore issued
its $3,121,000 Sewer Revenue Bond, SRF Series 2012, dated November 16, 2012 (the "Series
2012 Bond"), a portion of which remains outstanding; and
WHEREAS, pursuant to a prior resolution of the Council, the City has heretofore issued
its $797,000 Taxable Sewer Revenue Bond, SRF Series 2016, dated September 30, 2016 (the
"Series 2016 Bond"), a portion of which remains outstanding; and
WHEREAS, pursuant to a prior resolution of the Council, the City has heretofore issued
its $1,001,000 Taxable Sewer Revenue Bond, SRF Series 2018, dated February 16, 2018 (the
"Series 2018 Bond"), a portion of which remains outstanding; and
WHEREAS, pursuant to a prior resolution of the Council, the City has heretofore issued
its $5,107,055.19 Taxable Sewer Revenue Improvement and Refunding Bond, SRF Series 2021,
dated February 19, 2021 (the "Series 2021 Bond"), a portion of which remains outstanding; and
WHEREAS, pursuant to the resolutions (the "Outstanding Bond Resolutions")
authorizing the issuance of the Series 2012 Bond, the Series 2016 Bond, the Series 2018 Bond
and the Series 2021 Bond (collectively, the "Outstanding Bonds"), 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 Bonds under the terms and conditions set forth in the Outstanding Bond
Resolutions; and
WHEREAS, the City has heretofore proposed to contract indebtedness and enter into a
Sewer Revenue Loan and Disbursement Agreement (the "Agreement") and to borrow money
thereunder in a principal amount not to exceed $12,700,000, 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 has
published notice of the proposed action and has held a hearing thereon on November 22, 2022;
and
WHEREAS, the City has determined to split its authority to borrow under the Agreement
into a tax-exempt loan and disbursement agreement "Series 2023A Agreement" and a taxable
loan and disbursement agreement "Series 2023B Agreement";
-2-
DORSEY & WHITNEY LLP,ATTORNEYS,DES MOINES, IOWA
Ames/419370-71/Hrg Only Sewer Rev LDA
NOW, THEREFORE, Be It Resolved by the City Council of the City of Ames, Iowa, as
follows:
Section 1. The City Council hereby determines to enter into the Agreement in the
future and orders that Sewer Revenue Bonds be issued at such time in evidence thereof. The
City Council further declares that this resolution constitutes the "additional action" required by
Section 384.24A of the Code of Iowa. The City's authority to borrow under the Agreement is
hereby divided into the Series 2023A Agreement and the Series 2023B Agreement.
Section 2. All resolutions or parts thereof in conflict herewith are hereby repealed to
the extent of such conflict.
Section 3. This resolution shall be in full force and effect immediately upon its
adoption and approval, as provided by law.
Passed and approved November 22, 2022.
Mayor
Att
City Clerk
On motion and vote, the meeting adjourned.
Mayor
Attest:
City Cler
DORSEY & WHITNEY LLP,ATTORNEYS,DES MOINES, IOWA
Ames/419370-71 /Hrg Only Sewer Rev LDA
ATTESTATION CERTIFICATE:
STATE OF IOWA
STORY COUNTY SS:
CITY OF AMES
I, the undersigned, City 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 the hearing on the
City Council's intention to enter into a Sewer Revenue Loan and Disbursement Agreement in a
principal amount not to exceed $12,700,000.
WITNESS MY HAND this ))— day of (� , 2022.
r
City C erk
-4-
DORSEY & WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA