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HomeMy WebLinkAbout2009-56 ADDITIONAL ACTION GO WATER IMPROVEMENT LOAN AND DISBURSEMENT AGREEMENT 1,?airffax/419915-13/2nd''/a Hrg Only General Obligation Water RESOLUTION NO. _ �� Taking additional action to enter into a General Obligation Water Improvement Loan and Disbursement Agreement WHEREAS, the City of Fairfax (the "City"), in the County of Linn, State of Iowa, has heretofore proposed to enter into a General Obligation Water Improvement Loan .and Disbursement Agreement (the "Agreement") and to issue General Obligation Water Improvement Bonds (the "Bonds") in evidence thereof 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 improvements and extensions to the Municipal Waterworks System, and has published notice of the proposed action and has held a hearing thereon, NOW, THEREFORE, It Is Resolved by the City Council of the City of Fairfax, Iowa, as follows: Section 1. The Council hereby determines to enter, into the Agreement in the future and orders the Bonds to be issued at such time in evidence thereof, The Council further declares that this resolution constitutes the "additional action" required by Section 3 84.24A of the Code of Iowa. Section 2. All resolutions and orders or parts thereof in conflict with the provisions of this resolution, to the extent of such conflict, are hereby repealed. -2- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/2nd%Hrg Only General obligation Water Section 3. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed and approved November 10, 2009. Mayor Attest: pity Cl rk • • • • On motion and vote, the meeting adjourned. Mayor Attest: City C-erk -3- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/2nd%:FIrg Only GeneralObligation Water STATE OF IOWA COUNTY OF LINN S'S: 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 the hearing on the City Council's intention to enter into a General Obligation Water Improvement Loan and Disbursement Agreement in a principal amount not to exceed 3 50,000. 15 WITNESS MY HAND this day of j, , 2009. C1tyi lerk -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/1"half GO Wtr (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 1, 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 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 _, 2009. City Clerk (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. NOTICE OF PROPOSED.ACTION TO tINSTITUTE EPROCE ED:INGS TO BORROW MONEY ANITENTER INTO A LOAN AND DIS13URSEIAENTAGP- E RWNT I, Dave Storey, do state that I am the publisher of IN A,PRINCIPAL AMOUNT nOTTO EXCEED$350,000 THE GAZETTE, a daily newspaper of general (GrENERAL OBLIGATION) The CIIy.Council of the CIIY of Fairfax, circulation in Linn and Johnson Counties in Iowa. ill Iowa,wmeet on the I01h daY of No- City,4r :,009, l k: city ball, in the The notice, a printed copy of which is attached,was CI1Y�at 7rso o'clock p.m.,for;the put- :: pose of frlstitutinsiptviceedlnO and tak- Ing actlan to enter,l.nto a loan`and dis- inserted and published in THE GAZETTE newspaper ibuusemeTit agreemen4 (the Agree- ment').and borrow money in-a prfnci- in the issue(s) of November 2nd, 2009 pai amount not to exceed$350,000 for IIPae pu noise of:vaYl.hg the cost,to that extent, of constructing improvements and extensions 10 the llrlunlcipal Water- warksW-Stem. The reasunable fee for publishing su.::i riu�i°:e , The Agreement will`con.Mitute a gener.- at obligation allthe'City and Is,proposed $17.69 to be entered inrn:pursuant.to aulhorlly canteihed In 5eclto6 394;24A of:the: . Code oflowa. At thea time and place, oral or*rttten obiectlons may be filed.... our made to the proposal to enter Into the Agreemmr.'=A€ter recei.vins oblec- lions„the City may:determine to enter Into the'AgrWnent,In whI6:.case,.the decuslon Will beflnel unless appealed to: the District Court wllhiri fifteen f15) dales thefeafter. fay order of the City Council of the Clry *f,Fairfax,Iowa. on No rrS be son,009.Clerk Pubilshed in the Cedar Rapids Gazette on November,2009 This instrument was acknowledged by Dave Storey before me on November 21", 2009 Notary Public in and for the State of Iowa Diane ousta Cwtith'a Number 753222 Nay Commission Expires: June 11,2011