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Home My WebLink AboutRESOLUTION NO. 2007-72 1~aiv-faV419915-10/11/2 GO LA MINUTES"' 'TO SET DATE FOR HEARING ON ENTERING INTO A LOAN AGREEMENT 419915-10 (NII) - GENERAL OBLIGATION Fairfax, Iowa December 13, 2007 The City Council of the City f Fairfax, Iowa, met on December 13, 2007, at o'clock ,m., at the , in the City. The Mayor presided and the roll was called showing the following rnernbers of the City Council present and absent: Present: , r .. UJ Absent: C3 Council Member introduced the resolution hereinafter next set out and moved its adoption., seconded by Council Member and after due consideration thereof by the City Council, the Mayor put the question upon the adoption of the said resolution and the roll being called, the fallowing named Council Members voted: Ayes Nays: Whereupon, the Mayor declared the resolution duly adopted as hereinafter set out: At the conclusion of the meeting, and upon motion and vote, the City Council adjourned. Mayor Attest: City Clerk -I- DORSEY&WHITNEY LLP, ATTORNEYS,DES MOINES,IOWA Fairfax/419915-10/1"'/2 GO LA RESOLUTION NO., Mj; - Resolution to fix a date for a public hearing on a loan agreement in a principal amount not to exceed $350,000 WHEREAS, the City of Fairfax (the "City"), in Linn County, State of Iowa, proposes to enter into a General Obligation Sanitary Sewer Loan Agreement (the "Loan Agreement") in a principal amount not to exceed '$350,000 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 sanitary sewer improvements, and it is necessary to fix a date of meeting of the City Council at which it is proposed to take 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. The City Council shall meet on the 8'th day of January, 2008, at the Fairfax, Iowa, at I _ o'clock 'T--M, at which time and place a heari g will be held and proceedings will be instituted and 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& WHITNEY LLP, ATTORNEYS,DES MOINES, IOWA Fairfax/419M-10/1`1/2 GO LA NOTICE OF PROPOSED ACTION TO INSTITUTE PROCEEDINGS TO ENTER INTO A LOAN AGREEMENT IN A PRINCIPAL AMOUNT NOT TO EXCEED $350,000 (GENERAL OBLIGATION) The City C_ouncil pf the City of Fairfax, Iowa, will meet on the 8th day of January, 2008, at the Fairfax, Iowa, at o'clock T--.m., for the purpose of instituting l�r ceedings and taking actionto enter into a loan agreement (the "Loan Agreement" in a principal amount not to exceed$350,000 for the purpose of paying the cost, to that extent, of constructing sanitary sewer improvements. 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 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. Vickie Kindl City Clerk- -3- DORSEY&WHITNEY LLP, ATTORNEYS,DES MOINES,IOWA FaiT ax/419915-10/1"'/z GO LA Section 3, All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved December 13, 2007. rt Mayor Attest: D14 City Clerk -4- DORSEY&WHITNEY LLP, ATTORNEYS,DES MOINES, IOWA Fairfax/419915-10/1"%GO LA STATE OF IOWA LINN COUNTY SS: CITY OF FAIRFAX 1, the undersigned, City Cleric of the City of Fairfax, 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 1 da of 2007, y City Clerk (Seal) -5- DORSEY&WHITNEY LLP,ATTORNEYS, DES MOINES,IOWA Fairfa-J419915-10/1""/z GO LA STATE OF IOWA COUNTY OF LINK SS: CITY OF FAIRFAX I, the undersigned City Clerk, do hereby certify that the City of Fairfax, Iowa 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: Mayor w City Clerk I � Finance Administrator IYwla—"W l Council Member/Mayor Pro-Tem Council Member Council Member CA fC � Council Member �`� `-DLA7 Council Member WITNESS MY HAND and the seal of the City hereto affixed this j day of 2007. ILI City Clerk (Seal) -6- DORSEY& WHITNEY LLP, ATTORNEYS,DES',MOINES, IOWA FairfW419915-10/1 % 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 ITN COUNTY SS: CITY OF FAIRFAX I, the undersigned, City Clerk of the City of Fairfax, do hereby certify that pursuant to the resolution of the City 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 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 gencral circulation in the City. rd �-- WITNESS MY HAND! and the seal of the City hereto affixed thisf day of 2008, City Clerk (Seal) (Attach here the publisher's original affidavit with clipping,of the notice, as published.) -7- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES, IOWA STATE OF IOWA Counties of Linn and Johnson ss. 1, Dave Storey, do state that I am the publisher of THE GAZETTE, a daily newspaper of general circulation in Linn and Johnson Counties, in Iowa. The notice, a printed copy of which is attached, was. inserted and published in THE GAZETTE newspaper in the issue(s) of 12/21/07 The reasonable fee for,publishing said notice is $15.79 NO'riCTc OF PRzSPOSED A4TION TO 445TIWTE PROCEEDINGS TO ENTER`NT0 A LOAN AGREEMENT. At A PRIICIPAL'AMOVNTrNOT TO EXCEED]$350,000: ! tt,GFI fERA.L.00LIGATiONl The City Cpuncli of the City of Falriax,Iovda fh#VIII # nChY the sial Fa riax ltsWa,2a�7100 P.M, se for the purpose . InsiltOti'n Prpcee.di.ggs ' and ia9kicgacllon to enter into a loanarea elmt (the'"Lean AgtRef manV n 0:pcipal Irin emo0nt mot to exceed;5350,OOfl for the purpose .Paying the cost,ro;lhal exienli o1 consiruei ing Ia n Agreesower lrnuroyemenls hi This instrument was acknowledged by Dave Storey TLLoan ment is proposed i..beon- lered toto;Pursuani ity to authorcontained In before me on 12 27/07 aecklon 3B4,24A of the Code of;10 a and Will cot 15fitute a general obligation of the City; At the Time and Place,oral ar'wrlllen obiec- tloins maY be filed or:made to the proposal to enter iatto)K6,Loan Ag%6o . nt.After receiving obieclflons, the citv: Ydete mIha to enlar fndo the troan Agreement in which case, Ibe dkisfon_wSll be.tlnal unless aPpaaletl to the KNU 1� Ossir9ct Oo-ur1 wiihlh ilfteen f 5l days ifiereaf- ter y ord$r of�l,e CItY Councu or rho CIry ni Not y ublic in and for the State of Iowa FalQtax,.toV�a. Vl&je Klndl,CITY Clerk Published to Tfie.Gaxette t]ecamber 21,:2007 JODYNOLTE COMMISSION NUMBER 744301 MY COMMISSION EXPIRES: �ow� DECEMBER 7,2009