HomeMy WebLinkAboutRESOLUTION NO. 2006-61 Fairfax/419915-3/1 Sewer Rev
MINUTES 'TO SET DATE FOR HEARING
ON ENTERING INTO A LOAN AND
DISBURSEMENT AGREEMENT
419915-8 (N/1)
Fairfax, Iowa
August 8, 2005
The City o�ncil of/the City of Fairfax, Iowa, met on August 8, 2006, at --7— o'clock
.m., at the l �, in the City. The Mayor presided and the roll was called
hawing the followin members of the Council present and absent:
Present: 5,,A�
t
Absent: �0�
Council Member ` introduced solutio hereinafter next set
out and moved its adoption, second4ky. Council Members ; 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:
Whereupon, the Mayor declared the resolution duly adopted as follows:
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DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
1#'air£ax/419915-811"%2-Sewer Rev
RESOLUTION NO. d -°
To fix a date for a public hearing on a loan and disbursement agreement for a
Sewer Improvement Project
WHEREAS, the City of Fairfax (the "City"), in the County of Linn, State of Iowa, did
heretofore establish a Municipal Sanitary Sewer System (the "Utility")in and for the City which
has continuously supplied sanitary sewer service in and to the City and its inhabitants since its
establishment; and
WHEREAS, the management and control of the Utility are vested in the City Council
(the "Council") and no board of trustees exists for this purpose; and
WHEREAS, the City now proposes to enter into a Sewer Revenue Loan and
Disbursement Agreement (the "'Agreement") in a principal amount not to exceed $2,400,000
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 improvements and extensions to the Utility, and it is
necessary to fix a date of meeting of the Council at which it is proposed to take action to enter
into the 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:
um,
This Council shall meet on the 12th day of September, 2006, at the
in the City, at o'clock ,m,, at which time and place a
hearing 4vill be held and proceedings will be instituted aid action taken to enter into the
Agreement,
Section 2. The City Clerk is hereby directed to give notice of the proposed action on
the 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 four nor more than
twenty 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:
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DORSEY&'`►VMTNEY LLP,ATTORNEYS,DES MOMS,IOWA
Fairfax/419915-8/1 '/z-Sewer Rev
NOTICE OF PROPOSED ACTION TO INSTITUTE
PROCEEDINGS TO ENTER INTO A LOAN AND DISBURSEMENT AGREEMENT'
IN A PRINCIPAL AMOUNT NOT TO EXCEED $2,400,000
(SEWER REVENUE)
The Cit Counci f the City of Fairfax, Iowa, will meet on the 12th day of September,
2006, at the , in the City, at "`7 o'clock �. .m,' for the purpose
of instituting proce clings and taking action to enter into a loan and disbufsement agreement(the
"Agreement") and borrow money in a principal amount not to exceed $2,400,000, for the
purpose of paying the cost, to that extent, of constructing improvements and extensions to the
Municipal Sanitary Sewer System.
The Agreement will not constitute a general obligation of the City, nor will it be payable
in any manner by taxation but,, together with any additional obligations of the City as may be
hereafter issued and outstanding from time to time ranking on a parity therewith, will be payable
solely and only from the Net Revenues of the Municipal Sanitary Sewer System of the City.
At the aforementioned time and place, oral or written objicctions may be filed or made to
the proposal to enter into the Agreement. After receiving objections, the City may determine to
enter into the 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 Clerk
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Fairfax/419915-911"%-Sewer Rev
Section 3. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Passed and approved this August S, 2006.
Mayor
Attest:
City Clerk
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DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
Fairfax/419915-8/1"%-Sewer Rev
o r b r
On motion and vote, the meeting adjourned.
Mayor
Attest:
City Clerk
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DORSEY&WMTNEY LLP,ATTORNEYS,DES MOINES,IOWA
Fairfax/419915-8/151'/z-Sewer Rev
STATE OF IOWA
COUNTY OF LIMN SS:
CITY OF FAIRFAX
I, the undersigned, 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 hearing on the Council's proposal to take action in connection with a loan and disbursement
agreement.
WITNESS MY HAND this day of , 2006.
City Clerk
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DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
Fairfax/419915-8/1 'Ft-Sewer Rev
STATE OF IOWA
COUNTY OF LINK 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:
rg d Mayor
ttF City Clerk
Finance Administrator/Treasurer
�(_bj
o Council Member
Council Member
Council Member
3
Council Member
J Council MemberrMayor Pro-Tem
And I do further certify that the City has provided for the office of Treasurer, and the
Council has selected the Treasurer aforementioned.
WITNESS MY HAND and the seal of the City hereto affixed this day of
006.
fi A
City Clerk
(Seal)
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DORSEY&WHITNEY LLP,ATTORNEYS,DES MOIlVES,IOWA
STATE OF IOWA
COUNTY OF LINK SS:
CITY OF FAIRFAX
I, the undersigned, City Clerk of the City of Fairfax, Iowa (the "City"), do hereby
certify that the City established the Municipal Sanitary Sewer System (the "Utility") and
that the Utility has been in continuous operation by the City since its establishment as
aforesaid in supplying sanitary sewer service to the City and its inhabitants.
I further certify that the management and control of the Utility are vested in the
Council of the City, and that no board of trustees exists which has any part of the control
and management of such Utility.
I further certify that the City has no bonds or other obligations of any kind now
outstanding which are secured by and payable from the revenues derived from the
operation of the Utility, except as follows:
Date Type Amount Maturity
(Attach here a separate sheet listing any other outstanding obligations
of the City secured by and payable from the revenues of the Utility
excluding the proposed issue.)
I further certify that the annual earnings and annual operating expenses in
connection with the operation of the Utility for each of the years indicated have been as
follows:
Operation and Net Revenues,from
Maintenance Expenses Operation Before
Fiscal (do not include Bond Payment of Capital
Year Debt Service and Capital Expenditures and Bond Capital Bond Debt
Ending Gross Revenues Expense Items) Debt Service Expenditures Service
2003 $108,578 $90,079 $18,499 $ $
2004 $112,159 $87,326 $24,835 $ $
2005 $107,157 $116,013 $(8,856) $ $
2006 $129,685 $131,096 $(1,411) $ $14,672
2007 $149,300 $149,300 $ 0.00 $ $
(projected to
Md of fiscal
year)
I do further certify that the rates which were in effect for services furnished to
customers by the Utility during the aforementioned fiscal years were as follows:
(Attach here a copy of each of the rate schedules in effect during such fiscal
years).
CHAPTER 99
SEWER SERVICE CHARGES
99.01 Sewer Service Charges Required 99.05 Payment of Bills
99.02 Rate 99.06 Lien for Nonpayment
99.03 Special Rates 99.07 Special l Agreements Permitted
99.04 Private Water Systems
99.01 SEWER SERVICE CHARGES REQUIRED. Every customer shall
pay to the City sewer service fees as hereinafter provided.
(Code of Iowa, Sec. 384.84)
99.02 RATE. Each customer shall pay sewer service charges for the use of
and for the service supplied by the municipal sanitary sewer system based upon
the amount of water consumed and a flat charge for the construction of a
Wastewater Treatment.Facility as follows:
1. Amount of Water Consumed:
A. 0 to 1,000 gallons or lesser amount per month - $3.00
(minimum bill).
B. 1,001 to 25,000 gallons of water usage - $3.00 plus an
additional $.30 for each 100 gallons of water usage.
C. 25,001 gallons of water usage and up - $75.00 plus an.
additional $.15 for each 100 gallons of water usage.
2. Flat charge of $6.00 per month for the construction of the
Wastewater Treatment Facility.
(Ord. 46-Jun. 06 Supp.)
99.03 SPECIAL RATES. Where, in the judgment of the Superintendent and
the Council, special conditions exist to the extent that the application of the
sewer charges provided in Section 99.02 would be inequitable or unfair to either
the City or the customer, a special rate shall be proposed by the Superintendent
and submitted to the Council for approval by resolution.
(Code of Iowa, Sec, 384.84)
99.04 PRIVATE WATER SYSTEMS. Customers whose premises are
served by a private water system only and in a benefited district and who elect
not to install a City-approved water meter at their expense shall pay sewer
charges in the amount of twenty-four dollars ($24.00)per month.
(Code of Iowa, Sec. 384.84)
CODE OF ORDINANCES,FAIRFA ,IOWA
- 493 -
CHAPTER 99 SEWER SERVICE CHARGES
99.05 PAYMENT OF BILLS. All sewer service charges are due and
payable under the same terms and conditions provided for payment of a
combined service account as contained in Section 92.04 of this Code of
Ordinances. Sewer service may be discontinued in accordance with the
provisions contained in Section 92.05 if the combined service account becomes
delinquent, and the provisions contained in Section 92.08 relating to lien notices
shall also apply in the event of a delinquent account.
99.06 LIEN FOR NONPAYMENT. The owner of the premises served and
any lessee or tenant thereof shall be jointly and severally liable for sewer service
charges to the premises. Sewer service charges remaining unpaid and
delinquent shall constitute a lien upon the premises served and shall be certified
by the Clerk to the County Treasurer for collection in the same manner as
property taxes.
`Code of.Iowa, Sec. 384.84)
99.07 SPECIAL AGREEMENTS PERMITTED. No statement in these
chapters shall be constnued as preventing a special agreement, arrangement or
contract between the Council, and any industrial concern whereby an industrial
waste of unusual strength or character may be accepted subject to special
conditions, rate and cost as established by the Council.
[The next page is 505]
CODE OF ORDINANCES,FAIRFAX,IOWA
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CHAPTER 99
SEWER SERVICE CHARGES
99.01 Sewer Service Charges Required 99.05 Payment of Bills
99.02 Rata 99.06 Lien for Nonpayment
99.03 Special Rates 99.07 Special Agreements Permitted
99.04 Private Water Systems
99.01 SEWER SERVICE CHARGES REQUIRED. Every customer shall pay to
the City sewer service fees as hereinafter provided.
(Code of Iowa, Sec. 384.84)
99.02 RATE. Each customer shall pay sewer service charges for the use of and for
the service supplied by the mlmicipal sanitary sewer system based upon the amount of
water consumed as follows.
0 to 1,000 gallons or lesser amount per month $3.00 (minimum bill).
1,001 to 25,000 gallons of water usage-- $3.00 plus an additional $.30 for each
100 gallons of water usage.
25,001 gallons of water usage and up — $75.00 plus an additional $.15 for each
100 gallons of water usage.
99.03 SPECIAL RATES. Where, in the judgment of the Superintendent and the
Council, special conditions exist to the extent that the application of the sewer charges
provided in Section 99.02 would be inequitable or unfair to either the City or the
customer, a special rate shall be proposed by the Superintendent and submitted to the
Council for approval by resolution.
(Code of Iowa, Sec. 384.84)
99.04 PRIVATE WATER SYSTEMS. Customers whose premises are served by a
private water system only and in a benefited district and who elect not to install a City-
approved water meter at their expense shall pay sewer charges in the amount of
twenty-four dollars ($24,.00)per month.
(Code of Iowa, Sec. 384.84)
99.05 PAYMENT OF SILLS. All sewer service charges are due and payable under
the same terms and conditions provided for payment of a combined service account as
contained in Section 92.04 of this Code of Ordinances. Sewer service may be
discontinued in accordance with the provisions contained in Section 92.05 if the
combined service account becomes delinquent, and the provisions contained in
Section 92.08 relating to lien notices shall also apply in the event of a delinquent.
account.
CODE OF ORDINANCES,FAIRFA ,IOWA
- 493 -
CHAPTER 99 SEWER SERVICE CHARGES
99.06 LIEN FOR NONPAYMENT. The owner of the premises served and any
lessee or tenant thereof shall be jointly and severally liable for sewer service charges to
the premises. Sewer service charges remaining unpaid and delinquent shall constitute
a lien upon the premises served and shall be certified by the Clerk to the County
Treasurer for collection in the same manner as property taxes,
(Code of Iowa, Sec. 384.84)'
99.07 SPECIAL AGREEMENTS PERMITTED. No statement in these chapters
shall be construed as preventing a special agreement, arrangement or contract between
the Council, and any industrial concern whereby an industrial waste of unusual
strength or character may bye accepted subject to special conditions, rate and cost as
established by the Council.
[The next page is 505]
CODE OF ORDINANCES,FAIRFAX,IOWA
- 494 -
Fairfax/419915-9/15L'h-Sewer Rev
I do further certify that attached hereto is a true, correct and complete copy of the present
rate ordinance for the Utility.
(Attach here a copy of'the current rate ordinance).
WITNESS MY HAND .and the seal of the City this �_ day of
2006.
>ty Clerl� ',
(Seal)
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DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
i
CHAPTER 99
SEWER SERVICE CHARGES
99.01 Sewer Service Charges Required 99.05 Payment of Bills
99.02 Rate 99.06 Lien for Nonpayment
99.03 Special Rates 99.07 Special l.Agreements Permitted
99.04 Private Water Systems
99.01 SEWER SERVICE CHARGES REQUIRED. Every customer shall
pay to the City sewer service fees as hereinafter provided.
(Code of Iowa, Sec. 384.84)
99.02 RATE. Each customer shall pay sewer service charges for the use of
and for the service supplied by the municipal sanitary sewer system based upon
the amount of water consumed and a flat charge for the construction of a
Wastewater Treatment Facility as follows:
1. Amount of Water Consumed:
A. 0 to 1,000 gallons or lesser amount per month -- $3.00
(minimum bill).
B. 1,001 to 25,000 gallons of water usage — $3.00 plus an
additional $.30 for each 100 gallons of water usage.
C. 2.5,001 gallons of water usage and up — $75.00 plus an
additional $.15 for each 100 gallons of water usage.
2. Flat charge of $6.00 per month for the construction of the
Wastewater Treatment Facility.
(Ord. 46—Jan. 06 Super.)
99.03 SPECIAL RATES. Where, in the judgment of the Superintendent and
the Council, special conditions exist to the extent that the application of the
sewer charges provided in Section 99.02 would be inequitable or unfair to either
the City or the customer, a special rate shall be proposed by the Superintendent
and submitted to the Council for approval by resolution.
(Code of Iowa, Sec. 384.84)
99.04 PRIVATE WATER SYSTEMS. Customers whose premises are
served by a private water system only and in a benefited district and who elect
not to install a City-approved water meter at their expense shall pay sewer
charges in the amount of twenty-four dollars ($24.10'0)per month.
(Code of Iowa, Sec. 384.84)
CODE OF ORDINANCES,FAIRF°A ,IOWA
- 493 -
CHAPTER 99 SEWER SERVICE CHARGES
99.05 PAYMENT OF' :BILLS. All sewer service charges are due and
payable under the same terms and conditions provided for payment of a
combined service account as contained in Section 92.04 of this Code of
Ordinances. Sewer service may be discontinued in accordance with the
provisions contained in Section 92.05 if the combined service account becomes
delinquent, and the provisions contained in Section 92.08 relating to lien notices
shall also apply in the event of a delinquent account.
99.06 LIEN FOR NONPAYMENT. The owner of the premises served and
any lessee or tenant thereof shall be jointly and severally liable for sewer service
charges to the premises. Sewer service charges remaining unpaid and
delinquent shall constitute a lien upon the premises served and shall be certified
by the Clerk to the County Treasurer for collection in the same manner as
property taxes.
(Code of Iowa, Sec. 384.84)
99.07 SPECIAL AGREEMENTS PERMITTED. leo statement in these
chapters shall be construed as preventing a special agreement, arrangement or
contract between the Council, and any industrial concern whereby an industrial
waste of unusual strength or character may be accepted subject to special
conditions, rate and cost as established by the Council.
[The next page is 505]
CODE OF ORDINANCES,FAIRFAX,10WA
- 494 -
1?a'orrax/419915-811 %-Sewer Rev
(PLEASE NOTE: Please 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 SS:
CITY OF FAIRFAX
I, the undersigned, 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 and disbursement 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 this day of , 2006.
City Clerk
(Attach here the publisher's original affidavit with clipping of the notice, as published.)
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DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
STATE OF IOWA
Counties of Linn and Johnson ss.
I, Joe Hladky, do state that I am the publisher of
THE GAZETTE, a daily newspaper of general
circulation in Linn a�y d Johnson.Counties, in Iowa.
NOTICE OF PROPOSED ACTION
To INSTITUTE PROCEEDING TO ENTER The notice, a printed copy of which is attached,was...
INTO A LOAN AND DISBURSPRINCIPAL
NT
OU inserted and published.in THE GAZETTE
AGREEMENT IN A PRINCIPAL AMOUNT
NOT TO EXCEED$2,400,000
(SEWER REVENUE) newspaper in the issue(s) of August 30, 2006.
The City Council of theeCity City of Fairfax,,
Iowa,will meet on the 12th day of September,
2006;at the Fairfax City Mall,,in the City,at 7
o'clock p.m.,for the purpose of instituting pro-
anddidis and taking gree to soler into a loan The reasonable fee for publishing said notice is
and disbursement agreement (the "Agree-
meht") and borrow money In a principes Q 1 g g�
amount not to exceed$2,400,000,for the pur- w
pose of paying the.cosi,to that extent,of con-
siructing improvements and extensions to the
Municipal Sanitary Sewer System.
The Agreement will no;constitute a general
,obligation of the City,nor will payable in
any manner by taxation but,together
er ane
additional obligations of the City as may be
(hereafter Issued and outstanding from time to
time ranking on a parity therewith, will be
payable solely and oNy from the Net Revenues
of the Imnicipal Sanitary Sewer System of the
Cltty.
At the aforementioned time and place,oral =
or written objections may be filed or made to
the proposal 10 enter into the Agreement.Atter Thus instrument was acknowledged by Joe Hladky
receiving objections, Ihe,City may determine
to enter Into the Agreement,In which case,the n!�<
decision will be final unless appealed to the before me on August 1, 20!!��06.
District Court within fifteen(15)days ihereaf-
ter.
BY order of the City Council of the.City of
Fairfax, Iowa.
Connfe Frame;City Clerk
Published an the Gazette on August 30,2006
ary Public in and for the Stalrof Iowa
SHARON K.KEYS
i : COMMMION Mt IMBER 708987
• r MY MSSC)N DRP ES