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Home My WebLink AboutRESOLUTION NO. 2004-26 Faurfax1419915-7/1"'/z NII MINUTES TO SET DATE FOR HEARING ON ENTERING INTO A LOAN AGREEMENT f3 yo [jr .s , 419915-7' ........ ......... .. (NII) - GENERAL OBLIGATION Fairfax, Iowa September 14,2004 The City Council of the C y of Fairfax, Iowa, met on September 14, 2004, at & '(-1) o"clock P. .m., at the L F. "Yv P'0 ; in the City. The Mayor presided and the roll was called showing the followi, mcmbers of the Council present and absent: W.� r. ,a t a_. a Present. _ I' �r Absent: `,. Council Member introduced thexesolution hereinafter next set out and moved its adoption, seconded by Council Member ; and after due consideration thereof by the Council, the Mayor put the question upon the adaption of the said resolution and the roll being called, the following{narned Council Members voted: Ayes: % �. r< Nays: - ;s Whereupon, the Mayor declared the resolution duly adopted as hereinafter set out: At the conclusion of the meeting, and upon motion and vote, the Council adjourned. Mayor Attest: City Clerk DORS Y&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfaxf419915-7/1�`%a NII RESOLUTION NO.,- : To fix a date for a public hearing on a loan agreement in a principal amount not to exceed 700000 ... .. ..... WHEREAS, the City of Fairfax, in the County of Linn, State of Iowa (the "City"), proposes to enter into a loan agreement (the "Loan Agreement") in a principal amount not to exceed $700,000 pursuant to the provisions of Section 384.24A of the Code of Iowa for the purpose of paying the cost, to that extent, of constructing a new wastewater treatment lagoon, and it is necessary to fix a date of meeting of the Council at which it is proposed to take action to eater into the Loan Agreement and to give notice thereof as required by such law; NOW, THEREFORE, Be It Resolved by the City Council of the City of Fairfax, Iowa, as follows: Section 1. This Council shall meet on the 12th day of October, 2004, at the ' i .the City, at ;o'clock .m., at which time and place a hearing wiltbe held d proceedings will be instituted a dl action taken to enter into the Loan Agreement. Section 2. The City Clerk is hereby directed to give notice of the proposed action on the Loan Agreement setting forth the amount and purpose thereof, the time when and place where the said meeting will be held by publication at least once.and not less than 4 nor more than 20 days before the meeting, in a legal newspaper which has a general circulation in the City. The notice shall be in substantially the following form: _2_ DORSEY war WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/41991 5-711"''/x NII NOTICE OF PROPOSED ACTION TO INSTITUTE PROCEEDINGS TO ENTER INTO A LOAN AGREEMENT IN A PRINCIPAL AMOUNT NOT TO EXCEED $700,000 . ......... ........ ..... ......... ... ..... ... (GENERAL OBLIGATION) The City Council of the City of Fairfax, Iowa, will meet on the 12th day of October, 2004, at the �)- A p, ``'P°d, Jn the City, at o'clock 9- m., for the purpose of instituting procee4i�gs and to g action to enter into a loan agreem nt (the "Loan Agreement'") in a principal amount not to exceed$700,000 for the purpose of paying the cost, to that extent, of constructing a new wastewater treatment lagoon. The Loan Agreement is proposed to be entered into pursuant to authority contained in Section 384.24A of the Code of'Iowa and will constitute a general obligation of the City. At the aforementioned time and place, oral or written objections may be filed or made to the proposal to enter into the Loan Agreement. After receiving objections, the City may determine to enter into the Loan Agreement, in which case, the decision will be final unless appealed to the District Court within fifteen(15) days thereafter.. By order of the City Council of the City of Fairfax,Iowa.. Connie Frame City Cleric -3- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfaxf419915-7/0%N11 Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict, Passed and approved September 14, 2004. Mayor Attest: m City Clerk rf ^ -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA P'aIrfaxf419915-7/1N/1 STATE OF IOWA COUNTY OF LINN SS: CITY OF FAIRFAX I, the undersigned,-City-Clerk of the aforementioned City, do hereby certify that attached hereto is a true and correct copy of the proceedings of the Council relating to fixing a date for a hearing on the Council's proposal to take action in connection With a loan agreement, as referred to therein. -., WITNESS MY HAND and the seal of the City hereto affixed this A--) day of' 2004. City Clerk (Seal) i -5- DORSE`r' c WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA EaIr'aV419915-7/1`''/z N/1 STATE OF IOWA COUNTY OF LINN S : CITY OF FAIRFAX . . . . ... ...... ......... _ ... ..... I, the undersigned City Clerk, do hereby certify that the aforementioned City is organized and operating under the provisions of Title IX of the Code of Iowa and not under any special charter and that such City is operating under the Mayor-Council form of government and that there is not pending or threatened any question or litigation whatsoever touching the incorporation of the City, the inclusion of any territory within its limits or the incumbency in office of any of the officials hereinafter named. And I do further certify that the following named parties are officials of the City as indicated: J .. Mayor s.jC1erk/Treasurer t Council Member Council Member E : ;a Council Member cil Member p % ' . ' , Council Member -- VV ITNESS MY HAND .and the seal of the City hereto affixed this day sof 2004. ('Seal) _(_ DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-7/1"''/z NII 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 a�wilable.) .... .. ......... ............. STATE OF IOWA COUNTY OF LINN SS: CITY OF FAIRFAX I, the undersigned, City Clerk of the aforementioned City, do hereby certify'that pursuant to the resolution of its Council fixing a date of meeting at which it is proposed to take action to enter into a loan agreement, the notice, of which the pri lip attached to the publisher's affidavit hereto attached is a true and complete copy, ver blished on the date and in the newspaper specified in such affidavit,which newspaper ha cral circulation in the City. WITNESS MY HAND, and the seal of the Ci eto affixed this day of , 2004. N. City Cleric Seal) Attach here the publisher's original affidavit with clipping of the notice,as published.) -7- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA September 10, 2004 Connie Frame City Clerk City Hall 525 Vanderbilt Street Fairfax, Iowa 52228-0337 Re: $700,000 General Obligation Wastewater Treatment Loan Agreement Our File No. 41' 15-7 Dear Connie: At the request of Larry Burger, we have prepared and enclose proceedings for the September 14 Council meeting to enable the City Council to fix October 12 as the date for a hearing on the proposal to enter into the General Obligation Wastewater Treatment Loan Agreement. The documents enclosed include the following items: 1. Resolution fixing the date, time and place of the meeting at which time it is proposed to hold a hearing and take action to enter into the Loan Agreement. The form of notice of hearing is set out under Section 2 of the resolution, and an extra copy is enclosed for delivery to the publisher. Please insert the time and place of the hearing in both the resolution and the notice. 2. Certificate attesting the transcript. 3. Organization certificate. 4. Certificate with respect to publication of the notice, to which must be attached the publisher's affidavit of publication with a clipping of the notice as published. The notice must be published at least once not less than 4 nor more than 20 days before the meeting date set for the hearing, in a legal newspaper which has a general circulation in Fairfax. Please fax a copy of the published notice to our office at (515) 283-1060 as soon as possible. DORSEY & WHITNEY LLP • ATTORNEYS AT LAW . WWW.DORSEY,COM •T 515.283.11000 F 515.983,11060 • 801 GRAND • SUITE 39010 • DES MOINES, IOWA 50309-2790 USA CANADA EURC3PE AS1LA Page ® 0R 'SSY As soon as possible after the Council meeting, please return one fully executed copy of all of the completed pages in these proceedings. If you have any questions,please call me. .... .... ....... .... ... . Very)rly yours, /Robe'.. E. Josten REJ:cf E� Fairfax/419915-7/1st 1/2 N11 Enclosures cc: Larry Burger DORSEY S'WHITNEY LLP