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Home My WebLink AboutA012 - Letter to Dorsey & Whitney dated July 19, 2019 - transcription of May 28, 2019 meeting with attachments July 19, 2019 Dorsey & Whitney LLP 801 Grand, Suite 4100 Des Moines, Iowa 50309 Attention Robert E. Josten RE: General Obligation Healthy Life Center Ballot Proposition Your File No. 419370-62 Dear Mr. Josten: Enclosed please find the transcript pertaining to the May 28, 2019, City Council meeting wherein Resolution No. 19-268 was adopted. That Resolution called an election on the proposition of entering into a loan agreement and issuing General Obligation Bonds in principal amount not to exceed $29,065,000 for a Healthy Life Center. Thank you for your assistance. Sincerely, Diane R. Voss City Clerk /dry Enclosure City Clerk's Office 515.239.5105 main 515 Clark Ave.,P.O.Box 811 515.239.5142 fax Ames,IA 50010 www.CityofAmes.org MINUTES OF MEETING TO SET DATE FOR ELECTION 419370-62 Ames, Iowa May 28, 2019 The City Council of the City of Ames, Iowa, met at the City Hall Council Chambers, at 6:00 o'clock p.m., on May 28, 2019. The meeting was called to order and there were present the Mayor and the following named Council Members: Present: Beatty-Hansen, Betcher, Corrieri, Gartin, Martin Nelson 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 general obligation bonds for the purpose of constructing, furnishing and equipping a Healthy Life Center. Council Member Gartin introduced and moved the adoption of the resolution next hereinafter set out, seconded by Council Member Nelson. 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: Beatty-Hansen, Betcher, Corrieri, Gartin, Martin Nelson Nays:None. Whereupon, the Mayor declared the motion duly carried and the resolution adopted in substantially the following form: -t- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA RESOLUTION NO. 19-268 Resolution calling an election on the proposition of entering into a loan agreement and issuing general obligation bonds in a principal amount not to exceed $29,065,000 for a Healthy Life Center WHEREAS, it is deemed advisable that the City of Ames, Iowa(the "City"), enter into a loan agreement and issue its general obligation bonds in an amount not exceeding $29,065,000 to provide funds to pay the cost, to that extent, of constructing, furnishing and equipping a Heathy Life Center and associated public infrastructure (hereinafter referred to as the "Project"); and WHEREAS, pursuant to Chapter 384 of the Code of Iowa, before the City may enter into a loan agreement and issue its general obligation 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 September 10, 2019, at which there will be submitted to the voters of the City the following proposition: "Shall the City of Ames, in Story County, State of Iowa, enter into a loan agreement and issue its general obligation bonds in an amount not exceeding the amount of$$29,065,000 for the purpose of paying the cost, to that extent, of constructing, furnishing and equipping a Healthy Life Center, including an aquatic center and therapy pool, exercise facilities, child care and activity areas, physical therapy and medical rehabilitation facilities, facilities providing care and services for senior citizens, and public meeting spaces and constructing necessary public infrastructure improvements?" Section 2. The Story County Commissioner of Elections is hereby authorized and requested to issue a proclamation and notice of the election on the aforementioned 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 City Council, and the City Clerk is hereby directed to give written notice thereof by submitting a copy of this resolution at least 46 days before the date of the 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. 2 DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Section 4. 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 $29,065,000, (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 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed, to the extent of such conflict. Passed and approved May 28, 2019. Mayor Attest: 7� City Clerk -3- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA On motion and vote, the meeting adjourned. Mayor Attest: City Clerk -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA 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 as such Clerk I have in my possession or have access to the complete corporate records of such 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 connection with a meeting of the City Council held on May 28, 2019, at which a resolution was adopted calling for a special election on the proposition of entering into a loan agreement and issuing bonds for the purpose of constructing, furnishing and equipping a Health Life Center. I do further certify that on the 15th day of July, 2019, being at least 46 days before the date of the proposed election, I caused written notice of the proposed date of the election to be mailed or delivered to the Story County Commissioner of Elections and did thereafter receive written approval from the Commissioner of such date. *11 WITNESS MY HAND this �� day of <�LU(.� , 2019. City Clerk -6- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA