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Home My WebLink AboutRESOLUTION NO. 2016-40 Fairfax 419915-23/SetF[mgCityl1a11Lease MINUTES TO SET DATE FOR HEARING ON LEASE FOR CITY HALL 419915-23 Fairfax, Iowa May 10, 2016 The City Council of the City of Fairfax, Iowa, met on May 10, 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. The City Clerk reported that Guaranty Bank & Trust planned to move to other property and would be willing to enter into a sublease of their current space with the City for use as the City Hall. Council Member Kell introduced the resolution hereinafter next set out related to setting a date for hearing on entering into a lease for City Hall space and moved its adoption, seconded by Council Member Wainwright; 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/SetI-ImgCityHa11Lease RESOLUTION NO. 2016-40 TO FIX A DATE FOR A PUBLIC HEARING ON A LEASE OF PROPERTY IN A PRINCIPAL AMOUNT NOT EXCEEDING $350,000 FOR USE AS CITY HALL WHEREAS,the City of Fairfax(the"City"),in the County of Linn, State of Iowa,proposes to enter into a lease with Guaranty Bank & Trust Company of certain property located at 300 — 80th Street Court, Fairfax (the "Lease") in a principal amount not to exceed $350,000, pursuant to the provisions of Section 364.4 of the Code of Iowa, for use as City Hall, 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 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 14th day of June,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. Section 2. The City Clerk is hereby directed to give notice of the proposed action on the Lease 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/SetHmgCityHa11Lease NOTICE OF PROPOSED PUBLIC HEARING ON LEASE IN A PRINCIPAL AMOUNT NOT TO EXCEED $350,000 (GENERAL OBLIGATION CITY HALL LEASE) The City Council of the City of Fairfax, Iowa, will meet on the 14th day of June, 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 with Guaranty Bank & Trust Company of certain property located at 300 — 80th Street Court, Fairfax (the "Lease") in a principal amount not to exceed $350,000, pursuant to the provisions of Section 364.4 of the Code of Iowa, for use as City Hall. The Lease 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. All payments under the Lease will be subject to annual appropriation. At that time and place, oral or written objections may be filed or made to the proposal to enter into the Lease. After receiving objections, the City may determine to enter into the Lease, 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/SetHrngCityHa11Lease Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved May 10, 2016. Burnell G. Frieden, Mayor Attest: Log Ce Cyn t is K. Stimson, City Clerk/Treasurer o ; N J tl00<aee®aesllMtAE1� -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax 419915-23/SetHmgCityHa11Lease On motion and vote, the meeting adjourned. Burnell G. Frieden, Mayor Attest: Cyn is K. Stimson, City Clerk/Treasurer -5- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax 419915-23/SetF[mgCityHa11Lease 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, as referred to therein. WITNESS MY HAND this I It" day of May, 2016. Cynt is K. Stimson, City Clerk/Treasurer -6- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax 419915-23/SetHmgCityHa11Lease 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, 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. qyhia K. 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 i e Y 3 thegazette.com t INVOICE DATE ACCOUNT# ACCOUNT NAME LINES TIMES 6/1/16 2698 CITY OF FAIRFAX 1.00 x 36 Li 1 DESCRIPTION legals-$350,000 GO City Hall Lease 3 PROOF OF PUBLICATION i I, James Burke, do state that I am the publisher of THE GAZETTE, a daily newspaper of general circulation in Linn and Johnson, in Iowa. The notice, a printed copy of which is attached,was inserted and published in THE GAZETTE in the E issue(s)of 6/1/2016 The reasonable fee for publishing said notice is $17.41 i By (L STATE OF IOWA, 1 Counties of Linn and Johnson f SS: This instrument was acknowledged by James Burke NOTICE OF PROPOSED PUBLIC before me this 1 st day of June,2016 HEARING ON LEASE IN A PRINCIPAL AMOUNT NOT TO I EXCEED$350,000 (GENERALC TY HALL LEAS,OBLIGATION The City Council of the City of Fairfax, Iowa,will meet on the 14th day of June, i 2016, at 525 Vanderbilt Street, in the City,at 6:00 o'clock p.m:,for the pur- pose of holding a public hearing and taking action to enter into a lease with r Guaranty Bank & Trust Company of certain property located at 300—80th Street Court,Fairfax(the"Lease")in a principal amount not to exceed p, $350,000,pursuant to the provisions of Nota Public in and for the State of Iowa p, Section 364.4 of the Code of Iowa, for Notary use as City Hall. The Lease will constitute a general ob- ligation of the City and is proposed to be;entered into pursuant to authority contained in Section 364.4 of the Code of F Iowa. All payments'under the Lease will be subject to annual appropriation. At that time and place,oral or written objections may be filed or made to the — —�-- — Proposal to enter into the Lease. After wnc Sandra K.Smith receiving objections,the City may de- termine to enter into the Lease, in Commission Number 7532.3 which case, the decision will be final �e unless appealed to the District Court My Commission Expires:/ within fifteen 05)days thereafter. /pWp June 11,2017 By order of the City Council of the City of Fairfax,Iowa. Cynthia Sttmspn;City Clerk/Treasur i i �II I' it I' II ISI