HomeMy WebLinkAbout~Master - Special Election for issuance of bonds for Hallett's Quarry Ames/419370-New/Election Proc
RESOLUTION NO. 01_424
Resolution calling an election on the proposition of issuing general obligation bonds
WHEREAS, the City of Ames (the "City") intends to contract indebtedness and issue
general obligation bonds for the purpose of the acquisition, construction, improvement and
equipping of parks and recreation grounds, and developing a watershed protection area,
necessary and useful for the health and welfare of its citizens, including the acquisition of real
estate therefor, on and adjacent to the area known as "Halletts Quarry" (the "Project") in
accordance with the provisions of Chapter 384 of the Code of Iowa; and
WHEREAS, pursuant to Section 384.26 of the Code of Iowa, before the City may
institute proceedings for the issuance of general obligation bonds for the Project, the City must
hold a special election upon the proposition of issuing such bonds and receive a favorable vote
from at least sixty percent 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 Tuesday, the 6th day of November, 2001, in conjunction with the regular election
on that date, at which there will be submitted to the voters of the City the following proposition
to wit:
Shall the City of Ames, in Story County, Iowa, issue its bonds in
an amount not exceeding the amount of$4,970,000 for the purpose
of paying the cost, to that extent, of the acquisition, construction,
improvement and equipping of parks and recreation grounds, and
developing a watershed protection area, necessary and useful for-
the health and welfare of its citizens, including the acquisition of
real estate therefor, on and adjacent to the area known as
"Halletts Quarry" in and for the City?
Section 2. The polls for the said election shall be kept open from 7:00 o'clock a.m.
until 8:00 o'clock p.m.
Section 3. The 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 4. 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 5:00 o'clock p.m. on the last day for filing of nomination papers 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
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DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
Ames/419370-New/Election Proc
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 5. All resolutions or parts of resolutions in conflict herewith be and the same
are hereby repealed, to the extent of such conflict.
Passed and approved September 18, 2001.
a� —
ayor
Attest:
City Clerk
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DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
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Ames/419370-New/Election Proc
On motion and vote, the meeting adjourned.
Mayor
Attest:
City Clerk
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DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
Ames/419370-New/Election Proc
STATE OF IOWA
COUNTY OF STORY SS:
CITY OF AMES
I, the undersigned, City Clerk of the aforementioned City, 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 the aforesaid
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
issuing bonds, as referred to therein, 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 said bonds.
I do further certify that on the 21st day of September, 2001 (being no later than 5:00
o'clock p.m. on the last day for filing of nomination papers), 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 and the seal of the City hereto affixed this �t day of
September, 2001.
City Clerk
(Seal)
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DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
Ames/419370-New/Election Proc
ORDER REGARDING CONDUCT OF ELECTION
I, the undersigned, County Auditor of Story County, Iowa, 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 18, 2001, 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 and the seal of the County liereto affixed this 21 st day of
September, 2001.
Countyt� r o
(Seal)
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DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
City Clerk's Office
515 Clark Avenue,P. O.Box 811
Caring People Ames,IA 50010
Qualily Programs Phone: 515-239-5105
F-veplional.lnvire
Fax: 515-239-5142
November 28, 2001
Dorsey& Whitney LLP
801 Grand, Suite 3900
Des Moines, Iowa 50309
Attention Robert H. Helmick
RE: Ames, Iowa
General Obligation Bond Proposition(Hallett's)
Dear Bob:
Enclosed please find one fully executed Certificate with respect to the publication of the Notice of
Election by the County Auditor, with attached Affidavit of Publication from the newspaper.
If you have any questions, please call. Thank you for your assistance.
Sincerely,
Diane R. Voss
City Clerk
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Enclosure/Attachment
Ames/419370-New/Election Proc
(PLEASE NOTE: 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
COUNTY OF STORY SS:
CITY OF AMES
I, the undersigned, City Clerk of the aforementioned City do certify that the Notice of
Special Election, 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 and the seal of the City hereto affixed this �g' day of
IfL`e�'V�, 2001.
City Clerk
(Seal)
(Attach here publisher's original affidavit with clipping of the notice of election as
published.)
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DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
r�
Proof Of Publication In
THE TRIBUNE
STATE OF IOWA,STORY COUNTY,ss.
I,Tom Hawley/Kristine A.Strum,on oath depose
and say that I am President/Controller
of THE TRIBUNE,a daily newspaper,printed
at Ames,Story County,Iowa;that the annexed
printed
CITY OF AMES NOTICE OF ELECTION
AND SAMPLE BALLOT
was published in said newspaper for 1
consecutive week(s)October 23,2001
and the last of said publication was on the
23rd day of October 2001.
sworn to before me and subs ibed in my
presence by Tom Hawley/Kristine A.Strum
this the 23rd day of October,2001.
P�A� F9 VIRGWA A. BRANNAN
* * MY COMt",AISSiO EXPIR
i p
Notary Public
in and for the State Of Iowa
My commission expires 11/28/2003
$44.01 AMES ELECTION NOTICE
$250 95 AMES SAMPLE BAI I OT
$294.96 TOTAL COST
LEGAL NO. 43787
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John R Klaus To: Duane R Pitcher/COA
cc: Steve Schainker/COA@COA
09/14/01 09:53 AM Subject: Halletts Bond Issue
We will need to have the resolution to call the election and state the proposition for the September
18 meeting. I called bond counsel yesterday to put them on alert. My idea for the bond
proposition is based on section 384.24(4)(b) Code of Iowa, and would read as follows:
"Should the City of Ames issue its bonds in the amount of $ for the acquisition,
construction, reconstruction, extension, improvement, and equipping of park and recreation
grounds and recreation building on and adjacent to that land area and body of water commonly
called "Halletts Quarry" and the acquisition of real estate therefore."
1
Duane R Pitcher To: John R Klaus/COA@COA
cc: Steve Schainker/COA@COA
09/14/01 11:27 AM Subject: Re: Halletts Bond Issue
Steve and John,
I have forwarded the proposed wording to Dorsey & Whitney and reviewed dates and council action
needed. They will be e-mailing required resolutions this afternoon.
Duane
Duane Pitcher, CPA
Director of Finance
515 Clark Avenue
P.O. Box 811
Ames, Iowa 50010
"Harrison,Jeane" To: "'DPitcher@city.ames.ia.us"'<DPitcher@city.ames.ia.us>
Y i <Harrison.Jeane@dors cc: "'dvoss@city.ames.ia.us"'<dvoss@city.ames.ia.us>
;9 eylaw.com> Subject: RE: Halletts Bond Issue
09/14/2001 12:51 PM
Attached are draft election proceedings. Bob Helmick expects to be back in the office around 2:30 this afternoon
and will review them after that.
I don't appear to have an email address for John Klaus,but if someone can get that to me,I will email a copy of the
draft proceedings to John,as well. Thanks.
-----Original Message-----
From: DPitcher@city.ames.ia.us [mailto:DPitcher a,city.ames.ia.us]
Sent: Friday, September 14,2001 11:24 AM
To:harrison.jeane@dorseylaw.com
Subject: Halletts Bond Issue
Duane Pitcher,CPA
Director of Finance
515 Clark Avenue
P.O.Box 811
Ames,Iowa 50010
-----Forwarded by Duane R Pitcher/COA on 09/14/01 11:23 AM-----
John R Klaus
To: Duane R Pitcher/COA@COA
09/14/01 09:53 cc: Steve Schainker/COA@COA
AM Subject: Halletts Bond Issue
We will need to have the resolution to call the election and state the
proposition for the September 18 meeting. I called bond counsel yesterday
to put them on alert. My idea for the bond proposition is based on section
384.24(4)(b)Code of Iowa, and would read as follows:
"Should the City of Ames issue its bonds in the amount of$ for
the acquisition,construction,reconstruction, extension,improvement,and
equipping of park and recreation grounds and recreation building on and
adjacent to that land area and body of water commonly called"Halletts
Quarry" and the acquisition of real estate therefore."
FI
Election Proc.doc
"Harrison,Jeane" To: dvoss@city.ames.ia.us <dvoss@city.ames.ia.us>
<Harrison.Jeane@dors cc:
eylaw.com> Subject: Election Proceedings
09/20/2001 03:02 PM
Diane, here are the final proceedings, Again, I apologize for not making sure these were sent to you
lost night. You will need to file a certified copy of the resolution with the County Auditor today and
obtain the Auditor's (or a Deputy's)signature on the Order for Conduct of Election.
Let me know if you have any questions or if there is anything else you need from us.
IMPORTANT: Emails to clients of this firm presumptively and normally contain confidential and privileged material
for the sole use of the intended recipient.Emails to non-clients are normally confidential and may be privileged. The
use, distribution,transmittal or re-transmittal by an unintended recipient of any communication is prohibited without
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recipient please contact the sender and delete all copies.
F1
Final Rev'd Election Proc.dc