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HomeMy WebLinkAboutA024 - Letter to Dorsey & Whitney dated September 23, 2011 - transcript of September 13, 2011 Council Meeting Caring People 515 Clark Avenue,P. O. Box 811 Quality Programs Ames,IA 50010 6acephonal Service Phone: 515-239-5105 Fax: 515-239-5142 September 23, 2011 Dorsey & Whitney LLP 801 Grand, Suite 3900 Des Moines, Iowa 50309 Attention Robert E. Josten RE: Ames, Iowa $18,000,000 Library Bond Proposition Dear Mr. Josten: Enclosed please find the transcript pertaining to the September 13, 2011, City Council meeting wherein Resolution No. 11-438 was adopted. That Resolution called an election on the proposition of issuing Bonds for expanding, renovating, and equipping the Ames Public Library. The signed County Auditor's Order Regarding Conduct of Elections is also enclosed. Thank you for your assistance. Sincerely, Diane R. Voss City Clerk /dry Enclosures Ames 419670-44/Flection Proc MINUTES OF MEETING TO SET DATE Please Return To: FOR ELECTION DORSEY & WHITNEY ATTORK-YS AT L[AW 419370-44 801 Grand, Suite Des Moines, Iowa 5U309 Ames, Iowa September 13, 2011 The City Council of the City of Ames, Iowa, met at the City Council Chambers , in the City, at seven o'clock p m., on September 13, 2011. The meeting was called to order and there were present the Mayor and the following named Council Members: Present: Davis, Goodman, Larson, Mahayni, Orazem, Wacha Absent: None The Council took up and considered the matter of calling a special election on the proposition of entering into a loan agreement and issuing bonds for the purpose of expanding, renovating and equipping the Ames Public Library. Council Member Mahayni introduced and moved the adoption of the resolution next hereinafter set out, seconded by Council Member ,00di nan After due consideration of the resolution by the Council, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Ayes: navi Goodman 7 LA 7 Mahayni, Ora zem, Wacha Nays: None Whereupon, the Mayor declared the motion duly carried and the resolution adopted in substantially the following form: DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA i Ames 419.370-44ii.lection Proc RESOLUTION NO. 11-438 Resolution calling an election on the proposition of entering into a loan agreement and issuing Bonds for the purpose of expanding, renovating and equipping the Ames Public Library WHEREAS, it is deemed advisable that the City of Ames, Iowa (the "City"), enter into a loan agreement and issue bonds in an amount not exceeding $18,000,000 to provide funds to pay the cost, to that extent, of expanding, renovating and equipping the Ames Public Library (hereinafter referred to as the "Project"); and WHEREAS, pursuant to Chapter 384 of the Code of Iowa, before the City may enter into the loan agreement and issue bonds for such purpose, the City must hold a special election upon such proposition and receive a favorable vote from at least 60% of the total votes cast at such special election; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, as follows: Section 1. A special municipal election is hereby called and ordered to be held in and for the City, on November 8, 2011, in conjunction with the regular city election, at which there will be submitted to the voters of the City the following proposition: Shall the City of Ames, in Story County, Iowa, enter into a loan agreement and issue bonds in an amount not exceeding $18,000,000 for the purpose of paying the cost, to that extent, of expanding, renovating and equipping the Ames Public Library? Section 2. The County Commissioner of Elections is hereby authorized and requested to issue a proclamation and notice of the election on the proposition and of the time and place thereof and to take all other actions necessary pursuant to state law to conduct the election. Section 3. All of the foregoing matters are adopted and resolved by this Council, and the City Clerk is hereby directed to give written notice thereof by submitting a copy of this resolution no later than five p.m. on the last day on which nomination papers may be filed for the regular city election to the Story County Commissioner of Elections,who has the duty to conduct this election, for approval, ratification and confirmation to the extent required by Iowa law, and such County Commissioner of Elections shall signify such approval, ratification and confirmation and shall order the election to be conducted in the manner set forth herein by signing the order attached to this resolution. Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed, to the extent of such conflict. -2- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames 419670-44 k1ection Proc Passed and approved September 13, 2011. ayor Attest: City Clerk On motion and vote, the meeting adjourned. v Mayor Attest: City Clerk -3- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames 419.470-44/Filection Proc ORDER REGARDING CONDUCT OF ELECTION As County Auditor of Story County, Iowa, I do hereby approve, ratify and confirm all action taken by the City Council of the City of Ames, Iowa, incorporated in the attached and foregoing resolution, adopted on September 13, 2011, by such Council, and as Commissioner of this election, do hereby order that the special election referred to in such resolution shall be administered and conducted in the manner provided in such resolution and as required by state law. WITNESS MY HAND this zA3 day of , 2011. County Auditor of Story County, Iowa -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Ames 41 Q 70-44 lection Proc STATE OF IOWA COUNTY OF STORY SS: CITY OF AMES 1, the undersigned, City Clerk of the City of Ames, do hereby certify that as such Clerk I have in my possession or have access to the complete corporate records of the City and of its officials and that I have carefully compared the transcript hereto attached with those corporate records and that the transcript hereto attached is a true, correct and complete copy of all of the corporate records in relation to the calling of a special election on the proposition of entering into a loan agreement and issuing bonds for the purpose of expanding, renovating and equipping the Ames Public Library, and that the transcript hereto attached contains a true, correct and complete statement of all the measures adopted and proceedings, acts and things had, done and performed up to the present time in relation to the loan agreement. I do further certify that on the 9.� day of_ Pnt,�m�,, , 2011 (being no later than five p.m. on the last day on which nomination papers may be filed for the regular city election), I caused written notice of the proposed date of election to be mailed or delivered to the County Commissioner of Elections and did thereafter receive written approval from the Commissioner of such date. WITNESS MY HAND this 23 day of September , 2011. City Clerk -5- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA