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HomeMy WebLinkAboutRESOLUTION NO. 2005-29 Fairfax/419915-8/1"1A LA MINUTES TO SET DATE FOR HEARING ON ENTERING INTO A LOAN AGREEMENT 419915- (NII) - GENERAL OBLIGATION Fairfax, Iowa August 9, 2005 The City Council of the City of Fairfax, Iowa, met on August 9, 2005, at `% o'clock f . m., at the in the City. The Mayor presided and the roll was called -s'howing the followinA members of the Council present and absent: Present: I Absent: _ �_ 1 1 „ .,_ Council Memberintroduced the resolution 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 adoption of the said resolution and the roll being called, the following named Council Members voted:. Ayes: Nays: Alone 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 Cleric -1- DOTiSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-8)1"%z LA RESOLUTION NO. Resolution to fix a date for a public hearing on a loan agreement in a principal amount not to exceed$950,000 WHEREAS, the City of Fairfax (the "City"), in the County of Linn, State of Iowa, proposes to enter into a loan agreement (the "Loan Agreement") in a principal amount not to exceed $950,000 pursuant to the provisions of Section 384.2.4A of the Code of Iowa for the purpose of paying-the cost, to that extent, of constructing improvements and extensions to the ][Municipal Sanitary Sewer System, and it is necessary to fix a date of meeting of the City Council at which it is proposed to tape action to enter 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 13th day of September, 2005, at the r�I I , in the City, at '7 o'clock m., at which time and place a hearing will ge held and proceedings will be instituted anT-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; _2e DORSE"k"&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-8/1�'`/�LA NOTICE OF PROPOSED ACTION TO INSTITUTE PROCEEDINGS TO ENTER INTO A LOAN AGREEMENT IN A PRINCIPAL AMOUNT NOT TO EXCEED $950,000 (GENERAL OBLIGATION) The City, Council of the City of Fairfax, Iowa, will meet on the 13th day of September, 2005, at the , in the City, at __7 _ o'clock m., for the purpose of instituting proceedinks and taking action to enter into a loan agreemefit (the "Loan Agreement") in a principal amount not to exceed $950,000 for the purpose of paying the cost, to that extent, of constructing improvements and extensions to the Municipal Sanitary Sewer System, The Loam Agreement is proposed to be entered into pursuant to authority contained in Section 384.24A of the Code of Iowa and will constitute a general obligation of the City. At the aforementioned time and place, oral or written objections may be filed or made to the proposal to enter into the Loan Agreement. After receiving objections, the City may determine to enter into the Loan Agreement, in which case, the decision will be final unless appealed to the District Court within fifteen(15) days thereafter. By order of the City Council of the City of Fairfax, Iowa. Connie Fume City Cleric 3 DORSE"Y&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Paur£ax/419915-8/1$`V2 LA Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved August 9, 2005. Mayor Attest: City Clerk -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-8/1"V.LA 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 City Council relating to fixing a date for a hearing on the City 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 q day of 2005. City Clerk (Seal) -5- DORSEY WHITNEY LLP,ATTORNEYS,DES1vIONES,IOWA Fairfax/419915-8116`%LA STATE OF IOWA COUNTY OF LINN SS: 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: V l I Q SS Mayor __ a Ili a i e, Fra m Clerk/Treasurer Council Member Council Member Council Member Council Member Man' a U)al'awrigi Council Member WITNESS MY HAND and the seal of the City hereto affixed this day of 2005. City Clerk (Seal) -6- DORSEY WHITNEY LLP,ATTORNEYS,DES MINES,IOWA Fairfax/419915-8/1'1/Z LA (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 LINN S S: CITY OF FAIRFAX I, the undersigned, City Clerk of the aforementioned City, do hereby certify that pursuant to the resolution of its Councils faring a date of meeting at which it is proposed to take action to enter into a loan agreement, the notice, 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 day of 2005. City Clerk (Seal) (attach here the publisher's original affidavit with clipping of the notice, as published.) _7- DORSEY WHITNEY LLP,ATTORNEYS,DES M,OlNES,IOWA STATE OF IOWA Counties of Linn and Johnson ss. CITY OF FAIRFAX NOTICE OF PUBLIC HEARING NOTICE OF PROPOSED ACTION TO iNSTI- TUTE PROCEEDINGS TO ENTER INTO A LOAN AGREEMENT IN A PRINCIPAL t AMOUNT NOT TO EXCEED $950,000 (GENERAL OBLIGATION) Will Meet Council yiof SeFairfax,12005; I, Joe' Hladky, being duly sworn on i oath, do state that I am t at the Fairfax City Hall,In the City,at 7 o'clock I P.M,,for the purpose of instituting proceedings the Publisher of THE GAZETTE, a. daily newspaper of and taking action to enter into a loan agree- mens (thenot to ex ed$950,001) In a principal general circulation in Linn and Johlnson Counties, Iowa. The amount not to exceed(950,000 for the purpose of paying the cost,to that extent,of construct Ing improvements and extensions to the Mu- notice, a printed copy of which is attached, was inserted and nlclpal Saimftary Sewer System, The Loan Agreement Is proposed to beentered' published in THE GAZETTE newspaper in the issue(s) of into pursuant to authority contained In SeCllon 384.24A of time Code of Iowa and will constltule a general obligation of the City. At the aforementioned time and place,oral or written objections may be filed or made fo the proposal to enter into the Loan Agreement. After receiving oblections,the City may deter- Aug. 29 20 fly mine to anter into the Loan Agreement, in which case„ the decision will be final unless appealed to the District Court within fliteen The reasonable fee for publishing said notice is $ 15.81 (75}days thereafter. By order of the City Councif of the City of Fairfax, Iowa. Connie Frame,City Clerk Published in the Gazette on August 29,2005 Signed and sworn to be ore me on, Aug. 31 20 05 1 9' by Joe Hladky. Noty Public in a for the State of Iowa Received payment for above from , 20 GAZETTE COMMUNICATIONS, INC. By +� JEAN EWII©LIO CO MSSWN RUiMBER �23� • r A!1 C4MIM1$E111H EXPIRES ow FEBRUARY 18, 2008 August 4,2005 Connie Frame City Clerk/City Hall 52.5 Vanderbilt St. Post Office Box 337 Fairfax, Iowa 52228-0337 Re: $950,000 General Obligation Sanitary Sewer Improvement Loan Agreement Our File No. 419915-8 Dear Connie: We have prepared and enclose proceedings for the August 9,,, 2005 City Council meeting to enable the City Council to set September 13, 2005 as the date for a hearing on the proposal to enter into the General Obligation Sanitary Sewer Improvement Loan Agreement. The documents enclosed include the following items: I, 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 after the City Council meeting, please return one fully executed copy of all of the completed pages in these proceedings. If you have any questions,please call Bob Josten or me. Very truly yours,. John P. Danos Page 2 Enclosures ce; Larry Burger