HomeMy WebLinkAboutRESOLUTION NO. 2022-99Fairfax / 419915 / ROI
MINUTES TO ADOPT RESOLUTION
EXPRESSING INTENT TO PROVIDE
ECONOMIC DEVELOPMENT SUPPORT
419915
Fairfax, Iowa
November 15, 2022
The City Council of the City of Fairfax, Iowa, met on November 15, 2022, at 6:00 0' clock,
p.m., at the Fairfax City Hall, at 300 80th St Ct, in the City. The meeting was called to order and
there were present the Mayor Pro Tempore in the chair, and the following named Council
Members:
Present: Tom Nurre Mike Daly Kate Pacha Nick Volk and Marianne Wainwright.
Absent: None.
Council Member Nurre moved the adoption of the following resolution entitled
"Resolution expressing intent to provide economic development support to Convergen Energy,"
and the motion was seconded by Council Member Pacha. Following due consideration, the Mayor
Pro Tempore put the question on the motion and the roll being called, the following named Council
Members voted:
Ayes: Nurre, Daly, Pacha, Volk, and Wainwright.
Nays: None.
Whereupon, the Mayor Pro Tempore declared the resolution duly adopted as follows:
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
4886-6363-2951\1
Fairfax / 419915 / ROI
RESOLUTION NO. 2022-99
RESOLUTION EXPRESSING INTENT TO PROVIDE ECONOMIC
DEVELOPMENT SUPPORT TO CONVERGEN ENERGY
WHEREAS, Convergen Energy (the "Company") has proposed to undertake the
development and operation of new industrial facilities (the "Project") on real property in the City
of Fairfax, Iowa (the "City"); and
WHEREAS, the Company intends to hire workforce for employment at the completed
Project; and
WHEREAS, the Company intends to submit an application (the "Business Financial
Assistance Application") to the Iowa Economic Development Authority for financial assistance
through certain IEDA financial assistance programs, and such programs require a certain level of
local government support for the Project (the "Local Contribution Requirement"); and
WHEREAS, the City Council deems it advisable to express the City's support of the
Project and its intent to meet the Local Contribution Requirement; and
NOW, THEREFORE, Be It Resolved by the City Council of the City of Fairfax, Iowa, as
follows:
Section 1. The City hereby expresses its intent to support the Project in the future. The
City will in good faith undertake the statutory steps necessary to provide the Local Contribution
Requirement to the Project in an amount equal to or greater than the benefit offered via the five-
year, sliding-scale (75%, 60%, 45%, 30%, 15%) property tax exemption for new value added by
the Project, as provided in Section 427B.3 of the Code of Iowa.
Section 2. The City hereby agrees to use its best efforts to complete the statutory
requirements of the Code of Iowa in order to provide the Local Contribution Requirement. The
City's commitment reflected in this Resolution is merely a present statement of intent. The City
Council must exercise its ordinary political discretion in the completion of the statutory processes
referenced herein. The City will not be held liable in the event that the City Council, through the
exercising of its ordinary political discretion, determines to not approve any of the actions outlined
herein.
Section 3. Nothing in this Resolution shall prevent the parties from negotiating
additional terms, not set forth herein, with respect to the development of the Project.
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
4886-6363-2951\1
Fairfax / 419915 / ROI
Section 4. All resolutions and orders or parts thereof in conflict with the provisions of
this resolution, to the extent of such conflict, are hereby repealed.
Passed and approved this November 15, 2022.
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Marianne Wai�� ri ht
Mayor Pro Tempore
Attest:
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nthia Stimson, City Clerk/Treasurer
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
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4886-6363-295tU
Fairfax / 419915 / ROI
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On motion and vote the meeting adjourned. �� ,.
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Marianne Wac`in�vright
Mayor Pro 1�empore
Attest:
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t ia Stimson, City Clerk/Treasurer
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
4886-6363-2951\1
Pairfax / 419915 / ROi
STATE OF IOWA
LINN COUNTY
CITY OF FAIRFAX
SS:
I, the undersigned, City Clerk of the aforementioned City, do hereby certify that as such I
have in my possession or have access to the complete corporate records of the City and of its
officers; and that I have carefully compared the transcript hereto attached with the aforesaid
records and that the attached is a true, correct and complete copy of the corporate records relating
to the action taken by the City Council preliminary to and in connection with adopting a resolution
expressing intent to provide economic development support to the Convergen Energy project.
WIT`NESS my hand this �"�day of �{%�)��'V+��a" , 2022.
R��,�' = ✓�
Cy thia Stimson, City Clerk/Treasurer
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
4886-6363-2951\I