HomeMy WebLinkAboutRESOLUTION NO. 82886 E
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799: 30
Authorization Proceedings
File No. 4732 (Auth)
FAIRFAX Iowa
_r
August 7, 19.86
The City Council of Fairfax Iowa, met in Regular
session on the 7th day of Ate,_, 1986 , at Seven
oIclock _D_.m. , at the -ity Hall___ in the City. The meeting was
called to order and there were present Rr rr ��, , Mayor in the
chair , and the following named Council Members: W �co'�Tem
Kay Bach, Vernon Cerveny, Harold Shakespeare
Absent: Bullock and Mayor Peters
ACKNOWLEDGEMENT OF NOTICE OF SPECIAL MEETING
We, the undersigned, being all the members of the Council , do
zcknowledge due, timely and legal receipt of Notice of Special Meeting
for the called purpose of considering matters pertaining to authorizing
the execution and delivery of the Application and Agreement to Join in
the League of Iowa Municipalities Capital Improvement Finance Program
Agreement, and for consideration of such other business as may come
before the meeting and do hereby consent that the meeting be held.
SELIN HARRIS HELMICK, ATTORNEYS, DES MOINES, IOWA
-g99: 31
Council Member T,,P P introduced a Resolution
entitled ;
"Resollution authorizing the execution and delivery of the
Application and Agreement to Join in the League of Iowa
Municipalities Capital Improvement Finance Program Agreement , "
and moved its adoption, ;seconded by Council Member Cerveny
After due consideration of said resolution by the Council , the Mayor
put the question on the motion and upon the roll being called the.
following named Council 'Members voted:
Ayes: Bach, Cerveny, Shakespeare & Mayorprotem Balog
Nays :
Whereupon the Mayor declared said Resolution duly adopted and
approval was signed thereto.
Upon motion and vote , the meeting adjourned.
"
Mayor
Attest:
ity erk.
(Sea .)
-2-
BEUN HARRIS HELMICK, ATTORNIEYS, 15ES MOINES, IOWA
799: 32
RESOLUTION
"Resolution authorizing the execution and delivery of an
Application and Agreement to Join in the League of Iowa
Municipalities Capital Improvement Finance Program Agreement"
WHEREAS , the City of Fairfax , in the County of LInn ,
State of Iowa (the "City" ) , is a municipality and political subdivision
authorized and empowered by the provisions of Chapter 28E of the Iowa
Code ("Chapter 28E" ) to enter into an agreement with one or more public
or private agencies for joint or cooperative action;
WHEREAS , cities within the State of Iowa are authorized pursuant
to the provisions of Chapter 384 and Chapter 354 of the Iowa Code and
the home rule provision's of the Iowa Constitution to borrow money and
issue bonds and otherwise finance the acquisition or construction of
certain capital improvements for use by such cities; and
WHEREAS , at the request of the League Of Iowa Municipalities (the
"League" ) , the Cities of Ankeny, Iowa , Chariton, Iowa and Orange City,
Iowa , have joined , pursuant to duly adopted resolutions of their
respective city councils and Chapter 28E , to establish the League of
Iowa, Municipalities Capital Improvement Finance Program (the "Program" )
by entering into the League of Iowa Municipalities Capital Improvement
Finance Program Agreement (the "Program Agreement" ) by which members of
the League may exercise the above powers, privileges and authority
jointly; and
WHEREAS , the City desires to join in the Program Agreement .
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
]Fairfax , Iowa as follows:
Section 1. Authorization and Approval of an__Applicati and
Agreement to Join in the Program_ Agreement .
In order to join in the Program Agreement , the Application and
Agreement to Join in the League of Iowa Municipalities Capital
Improvement Finance Program Agreement, attached hereto -and made a part
hereof (the "Application and Agreement" ) , is hereby approved in all
respects and the Mayor , the Mayor pro tem, the City Clerk or any other
member of the City Council are hereby authorized and directed to
execute , acknowledge and deliver the Application and Agreement in the
name and on behalf of the City.
Section 2 . Miscellaneous. The Mayor , the Mayor pro tem, the City
Clerk or any other member of the City Council are hereby authorized and
directed to execute, seal and deliver any and all documents and do any
and all things deemed necessary to effect the execution and delivery of
the Application and Agreement and to carry out the intent and purposes
of this Resolution.
-3-
BELIN HARRIS HELMICK, ATTORNEYS, DES MOINES. IOWA
799 : 33
Section 3 . Severability. The provisions of this resolution are
hereby declared to be separable and if any section, phrase or
provisions shall for any reason be declared to be invalid , such
declaration shall not affect the validity of the remainder of the
sections, phrases and provisions . 'A.
Section 4 . Repealer. All resolutions and parts thereof in
conflict herewith are hereby repealed to the extent of such conflict .
Passed and approved this 7th day of August 1986 .
Mayes
Attest•..
City Cler
(Seal.)
-4-
BELIN HARRIS HELMICK, ATTORNEYS, DES MUNES, IOWA
"799: 34
State of Iowa )
SS.
County ofLINN )
I, the undersigned, do hereby certify that I am the duly
appointed, qualified and acting City Clerk of the City of �.
FAirfax State of Iowa , and as such I have in my possession ,
or have access to, the official records of said City and ' its City
Council and officers; that I have carefully compared the transcript
hereto attached with the aforesaid official records and that said
transcript hereto attached is a true, correct and complete copy of all
the official records in relation to the adoption of the resolution
therein set out.
WITNESS my hand and the official seal of said City hereto
affixed this 7thday of August 1986 .
Cit C Wrk
(Seal)
-5-
BELIN HARRIS HEI-VtiCK, ATTORNEYS, DES MOINES, IOWA
799E: 1
APPLICATION AND AGREEMENT
TO JOIN IN THE
LEAGUE OF IOWA MUNICIPALITIES
CAPITAL IMPROVEMENT FINANCE PROGRAM AGREEMENT
R E C I T A L S
(1) The City of Fairfax in the County of Linn State of
Iowa (the "City" ) is a municipality and political subdivision
authorized and empowered by the provisions of Chapter 28E of the Iowa
Code ( "Chapter 28E" ) to enter into an agreement with one or more public
or private agencies for joint or cooperative action;
(2) Cities within the State of Iowa are authorized pursuant to the
provisions of Chapter 384 and Chapter 354 of the Iowa Code and the Home
Rule provisions of the Iowa Constitution to borrow money and issue
bonds . and otherwise finance the acquisition or construction of certain
capital improvements for use by such cities;
(3) At the request of the League of Iowa Municipalities (the
"League" ) , the Cities of Ankeny, Iowa , Chariton, Iowa and Orange City,
Iowa , have joined, pursuant to duly adopted resolutions of their
respective city councils and Chapter 28E, to establish the League of
Iowa Municipalities Capital Improvement Finance Program (the "Program" )
by entering into the League of Iowa Municipalities Capital Improvement
Finance Program Agreement, a copy of which is attached hereto and made
a part hereof (the "Program Agreement" ) by which members of the League
may exercise the above powers, privileges and authority jointly; and
(4) The City desires to join in the Prolgram Agreement.
NOW THEREFORE, the City hereby makes application to join in the
Program Agreement and hereby agrees to be bound by the terms and
conditions of the Program Agreement.
This Application and Agreement shall be effective upon its
execution and filing with the Secretary of State of Iowa and recording
in the office of the Recorder of the County in which the City is
located.
IN WITNESS WHEREOF, the City has executed this Application and
Agreement by its duly authorized officer .
City of FAIRFAX
Iowa
By
"9,9E; 2
STATE OF IOWA
SS;
COUNTY OF T..TNN
On this day of August '
198 5 , before. nie, a Notary
Public in and f6e said) county in the state aforesaid , personally
appeared BryanBalo, , to me personally known to be the
mor Proal-tem of the City of VairfA , the City described
in and whichexecuted the within and foregoing instrument to which this
is attached; who being by me duly sworn did say that said instrument
was executed and signed on behalf of said City by authority of its City
Council ; and that said. , as such officer , acknowledged
the execution of said ins rumen�o e the voluntary act and deed of
said City , by it and by him/her voluntarily executed.
IN WITNESS WHEREOF, I have hereunto spt my hand and official seal
this 7th day of August 198
i
Not ar Public
(SEAL)
IM WrTNE.'SS"WHrs£OF, the parties hereto have ■xecuted this '
THE LEkC7.M OF IOWA MUNICIPALITIES CAPITAL, A9reersent by their respective duly ■utharirad officers..,.
IHPiiOVLMENT FINANCE PROGRAM AOREIxIC..NT
i
This A�g'reeiment is entered Into by and among the cAt,lee hereinafter
idRnt Sffed, (Pursuant to Chapter 28E of the Code of lows„ as of CITY OF ANKENY, IOWIx
July 1, 1926. (Seal)
The parties hereto agree as follower By
01711, '2"'EJS9e4, ELM
1,. pt, The parties to this Agreement are the City of - d
Ankeny, Tri &,. .the City of Charlton, Iowa, the City of Of Ange City,
Tors, andany other titive which join in this Agreement (pursuant to STATE Or IOWA:
paragraph [ of this Agreement (the "Cities" or individually a 'City"). ) SS;
COUNTY Or POLK }
q, The purpose of this Agreement Is to 'provide a means
by which t e C'x axes'may jointly and cooperatively proceed under Co. this _'"7 day of 198 (, before me, A
Chapter 2.s IE of the law& Code to make efficient use of their powers to Notary pool ossa in n far A.i un an the state a re a�a i,idM person.liy
finance cappt,al improvements by establishing the League of lows appeared lrt 34r , to me persone'ly known. and to be known
MunlGap0IlLiea Capital Improvement rimari Program tt.he "Program') in to ba the of the City of Ankeny, the City
order to finance the ■cquisltjan or conatructlan of ter"t,a in capital deaertbod in and hick Executed .[thin and Foregoing instrument to
imr•nvements to b¢ used by the Cities. The Cities are authorized which thio. 1..s &ttach:d3 that the creel affixed thereto is the seal of
pur a sant to 'the provisions of Chapter 304 and Chapter 3164 of the Iowa said City; and it,hat said instrument via executed and signed on behalf
Cade and by the home rule provisions of the Iowa Constitution to e[ ■aid City oy authority of lts City Council) and tha..t, the said
finance the ,scqul:ition or construction of such capital Improvements to �-7�+e+•.e. as much officer, acknowledged the execution of said
be !:sed by the CicieA. Pursuant [a this Agreement:., this Cities may instrument to a the voluntary act and deed of said City,. by it and by
exorcism p'oarers, privileges or authority, and mare use. of benefits him/her voluntarily executed.
30tnsly and+ar tyre Program to which each of the Cities separately ix
entitled vnider state and federal law; provided, however, that nothing IN WITNESSWHE F, have hereunto 9 my hand'. and l official seal
herein shall ,prevent any of the Cities from separately Exercising any this day ii:f 198Y.
such powers'» ',pfivll.9e& or authority. U
3. Admntstracor The League of Iowa Municipsl(.itiea is hereby
6ti1gnsted'. ane appo;nted as the Administrator (the "'Administrator') of &ry ku i
the rr egram and is hereby givan all of the powers, Priv i.leges anti
authority necessary sod incidental to manage and sdmigi�g Ker the Program
and to carry out the intent anO purposes of this Agreement. sonort mirex
t... inoncin She Cities hereby delegate to tNwe �C lty of Ankeny, -
]ows t)ie a.... the authority to issue bendex on behalf of the
Citiey,. from time to time ■s the need arises, for the purpose of making _
funds Available to the Program in order to finone
is the acquisition or ,
conitrwe'.t.Ion Of capital improvement: to be used by the Cities. In
addition, ;he proceeds of such bonds shall be ..ad to pay the expenses
of ops re t.a.an and administration of the Program, the costs of the CITY Or CHARITON,: IOWA
issuance of Stich bonds, the establishment of reserve 't�unds, and other (Seal)
c escs and expc.ris&s necessary and incidental to the Issuance of such
tends and the operation and administration of the Pro911am. To
focilitatt the issuance of such bonds and the financing of such capi;el a,,,n x. kvve , t:a �SLY.GIazt–.
imarovemont:s an behalf of the Cities, the Issuer may enter into trust
indentures, agreements, leases, management Contr&Cta and other
documents mind instruments and do any and all things as may be necessary STATE OF IOWA
to carry' out the program and the intent and purposes. of this Agreement.
COUNTY OF LUCAS )
The laaoer and the Administrator ■hall not be obligated by the 148 , before me, •
proves lana (hereof to proceed with the issuance of such bonds but may do on this JLLdal Of
:o in their dilacretion, at the time., in the manner and subject to such Notary Pubi is in ani for aaid county in the state a oiiii personally
:mdit lona, as they determine to be appropriate, The terms and appeared anrty w s ,. _ ___, Co me personally known+� andt the City known
rovtsxone sof all documents relating to the 1.svanc mond sole of any to tre the m' of the City of Cheriton, r
,ueh bonda, sand the use of the proceeds thereof to [i..naince the described in an whit execute the within and foregoing instrument to
acgvLaititn.n or construction of such capital improvement's shall be which this is att•chedl that the seal affixed they+tis fls� idle seal of
auhjrct to approval by CM Issuer and the Administrata�r�. The Issuer se id City: and that said instrument was executed and signed on t:'hxif
and the Administrator shall appoint a bank or other financial of said City Iby authority of its City Councils and that t'ne said
in atltutlon s:s trustee (the "Trustee') for each bond issue to receive �1ry risk ,, as such officer, acknowledged the •meso isles of said
the praciii thereof, use the proceeds thereof in accordance with the instrument co be the voluntary act and deed of said Cityr by it rid by
band docul-ent:s approved by the Lauer and the Administrator', enter into him/her volun'terily executed.
agraements with the Citi&■ with respect to the financing and use of
such capi..ta'�l improvements and the payment of funds try' tlhe.Cities to be IN WTTNE�'SS WHEREOF, I have hereunto set my hand and official scat
used by the 'Trustee for this pe ymerat of the principal of and interest the. 6th day of
on such bonds, and &dministr at 1V& costs and expenses ("r l.hancin9
Agreements"'), And to receive and hold all moneys, make all investments,
pay all exlp&nse■ and perform such other acts and functions as may be Notary PUD CIC s.. W. Aulv.a
dalegatad to the Trustee by the Issuer and Lhe Administrator in the
bond docuii+snts. I(Seall
5fiu,r�st. 1. This Agreement *hall becn:.x effec�t(,ve upon
exaciiI ion try t ea—three Cities listed in pareireph I of this Agreement
and Liiing with the Sear story of State of 701 and recording with the -
Recorders In the counties where such Cities arelocated and shall
curi4A in effect indefinitely until it is terminated as herein -
provided.
4. a ,e eeune+a t g t Cher Citie, Any City which is a member of
the Leaqu¢� �of ,a Municiae sties may join !n this Agreement by Submitting ani application to the AdmtnistrAtor for participation in the CITY Or ORANGE CITY., IOWA
pcagrsm and agreeing to be bound by the term■ o[ this, Agreement. After (seal)
such application and agreement have been ME with thea. 5.cretary of –
state and recorded by the Recorder in the county where. such City is By
locat.d'.. much City ai;all be ■ party to the. Agreement And shall.. be ,ion Scrreur $'ts –CAI-V
bound by them terms and con dition■ oL this A9reemen e..
5TATE OF I7n1lW )
7.
Termination and Oisaas itLon er Assets. This Agreement may ) SS;
not be teriminacvd e�ng as any bond. ii slued by thee.. T,s'aiwerth$'suant COUNTY OF SIOUX )
heretn are outstanding, I[ no such bonds are Outstanding,
Agg AQ%,hnt sway 1:.a terminated by s vote of ■ majority of the Cities. On this 7thd.y of a ,7uly S48„g,, before me, a
Notary public lin ani for mai county in the state a cissoid, personally
If a C'(1ty is not obligated to the Trustee under a Financing appeared poiry Schreur to me perannally known .and to be anown
Aq,terent., much City may withdraw from this Agreement alts any ttme upon to be the Ci..Iy Clerk—_ of the City of Orange. City, the City
giving wriitt�en notice to the Adminrctrator� Withdrawal of a City under described in and vnich execuce3�ihe within and foregoing instrument to
this Agreement shall not constitute termination of. t,hid'a Agreement, which this is attached; that the seal affixed thereto isthe seal Of
said City; and that said instrument was executed and signed an behalf
If this Agreement is terminated, any assets of the Program shall of said City by authority of its City Council; and that the said
be disposed of in accordari with the provisions of the trust CitvCle*k as such officer, Acknowledged the execution of said
indentures relating to any bands issued pursuant to this Agreement, instrument to a the voluntary act and dead of maid City, by it and by
him/her voluntarily executed.
8,. ,Amendments. This Agreement may be amended Iby a written
inatrulsent alpprovea by a ma3orlLY of the Cities which acre a party to IN WITNESS WHEREOF, I have hereunto &et my hand And official seal
this Agreement at the time of amendment. this 7th day of ruly
No[ety Publ ac
ri`, r i
DEMAND SURVEY FOR
LEAGUE OF IOWA MUNICIPALITIES
CAPITAL IMPROVEMENT FINANCE PROGRAM
July 1986 a`
µ`
TO: LEAGUE OF IOWA MUNICIPALITIES
We hereby submit our es''timated need to finance certain capital impr�Yements for
the periods indicated below. We understand that these estimates will be used by you
in determining the size of the Bond issue necessary to provide sufficient funds for
the 'League of Iowa Municipalities Capital Improvement Finance Program (the "Pr'ogram")
to meet the capital financing needs of your member cities. We also understand that by
giving you these estimates, the city is in no way obligated to use the Program to
finance its capital improvements.
PROJECTED CAPITAL FINANCING NEEDS
Estimated Annual.
Estimated Annual Borrowing for
Discal Borrowing for Construction and
Year E ui ment 1 Property Purcchases(2) Total
1986-87 _ - _
1 nn 1. nnni
1987-88 _ 250, 000
1988-89 50, 000
PLEASE CHECK ITEMS PROPOSED 'TO BE FINANCED:
Equipment( l.) Construction/Property(2)
refinancing of tax-exempt debt refinancing of tax-exempt debt
refinancing of leases or other debt refinancing of leases and other
automobiles debt
trucks streets and roads
street maintenance equipment public buildings (new)
construction equipment airport
. fire trucks park and recreation
amublances - sanitary or storm sewer
police cars improvements
office equipment water improvements
computers renovations
street lighting real property acquisitions
traffic control \ _ other (specify)
other (specify)„
Has your city ever issued general obligation debt? `eyes ,no
If yes, what was the year of last issuance?
What was the rating of this issue (if applicable)? not applicable
Virginia Soukup City Clerk
Name Title
FAirfax Iowa
City
8/7/86 - - --
Date