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Home My WebLink AboutRESOLUTION NO. 2016-15 Fairfax 419915-23/SetHmgLease-Purch Agmt MINUTES TO SET DATE FOR HEARING ON ENTERING INTO A LEASE-PURCHASE AGREEMENT 419915-23 Fairfax, Iowa March 8, 2016 The City Council of the City of Fairfax, Iowa, met on March 8, 2016, at 6:00 o'clock p.m., at 525 Vanderbilt Street, in the City. The Mayor presided and the roll was called showing the following members of the Council present and absent: Present: JoAnn Beer, Mike Daly, Joe Kell, Nick Volk, and Marianne Wainwright Absent: None. Council Member Beer introduced the resolution hereinafter next set out related to setting a date for hearing on entering into a lease-purchase agreement for acquisition of an excavator for the maintenance department, and moved its adoption, seconded by Council Member Volk; 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: Beer, Daly, Kell, Volk, and Wainwright Nays: None. Whereupon, the Mayor declared the resolution duly adopted as follows: -1- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax 419915-23/SetHmgLease-Purch Agmt I RESOLUTION NO. 2016-15 TO FIX A DATE FOR A PUBLIC HEARING ON A LEASE-PURCHASE AGREEMENT IN THE PRINCIPAL AMOUNT NOT EXCEEDING $98,025 FOR THE PURPOSE OF ACQUIRING AN EXCAVATOR FOR THE MAINTENANCE DEPARTMENT WHEREAS,the City of Fairfax(the"City"),in the County of Linn, State of Iowa,proposes to enter into a lease-purchase agreement (the "Lease Agreement") in the principal amount not to exceed $98,025, pursuant to the provisions of Section 364.4 of the Code of Iowa, for the purpose of acquiring an excavator for the maintenance department, 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 Lease 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 12th day of April, 2016, at 525 Vanderbilt Street, in the City, at 6:00 o'clock p.m., at which time and place a hearing will be held and proceedings will be instituted and action taken to enter into the Lease Agreement. Section 2. The City Clerk is hereby directed to give notice of the proposed action on the Lease Agreement setting forth the amount and purpose thereof,the time when and place where the 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 419915-23/SetHmgLease-Purch Agmt NOTICE OF PROPOSED PUBLIC HEARING ON LEASE-PURCHASE AGREEMENT IN A PRINCIPAL AMOUNT NOT TO EXCEED $98,025 (GENERAL OBLIGATION EQUIPMENT LEASE) The City Council of the City of Fairfax, Iowa, will meet on the 12th day of April, 2016, at 525 Vanderbilt Street, in the City, at 6:00 o'clock p.m., for the purpose of holding a public hearing and taking action to enter into a lease-purchase agreement (the "Lease Agreement") in a principal amount not exceeding $98,025, for the purpose of acquiring an excavator for the maintenance department. The Lease Agreement will constitute a general obligation of the City and is proposed to be entered into pursuant to authority contained in Section 364.4 of the Code of Iowa. At that time and place, oral or written objections may be filed or made to the proposal to enter into the Lease Agreement. After receiving objections, the City may determine to enter into the Lease 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. Cynthia Stimson City Clerk/Treasurer -3- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax 419915-23/SetHmgLease-Purch Agmt Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved March 8, 2016. Burnell G. Frieden, Mayor 1,',,111,1. . ..„,,I. Attest: �F ,,X 1 g i ti Q. Cynt a Stimson, City Clerk/Treasurer r•. o !;1/4 ,itis se N ,y -4- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax 419915-23/SetHmgLease-Purch Agmt On motion and vote,the meeting adjourned. Burnell G. Frieden, Mayor Attest: k . 1 ' 9. Cynthia Stimson, City Clerk/Treasurer -5- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax 419915-23/SetHmgLease-Purch Agmt STATE OF IOWA COUNTY OF LINN SS: CITY OF FAIRFAX I, the undersigned, City Clerk 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 hearing on the City Council's proposal to take action in connection with a Lease Agreement, as referred to therein. WITNESS MY HAND this 9th day of March, 2016. fa,L ,4)1(14,4A, Cynt a Stimson, City Clerk/Treasurer -6- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax 419915-23/SetHmgLease-Purch Agmt STATE OF IOWA COUNTY OF LINN SS: CITY OF FAIRFAX I, the undersigned, City Clerk of the City of Fairfax, do hereby certify that pursuant to the resolution of its City Council fixing a date of meeting at which it is proposed to take action to enter into a lease-purchase 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 , 2016. Cynthia Stimson, City Clerk/Treasurer (Attach here the publisher's original affidavit with clipping of the notice, as published.) -7- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA