HomeMy WebLinkAboutRESOLUTION NO. 2016-67 Fasrfax419915-23/SetHmg2016Sewer Rev LA
SET DATE FOR HEARING ON SEWER
REVENUE LOAN AGREEMENT
419915-23
Fairfax, Iowa
July 12, 2016
The City Council of the City of Fairfax, Iowa, met on July 12, 2016, at 6:00 o'clock p.m.,
at the Fairfax City Hall at 525 Vanderbilt Street, in Fairfax. The Mayor presided and the roll was
called showing the following members of the City Council present and absent:
Present: JoAnn Beer, Mike Daly, and Nick Volk
Absent: Joe Kell and Marianne Wainwright,
Council Member Daly introduced the resolution hereinafter next set out, setting a date for
hearing on a sewer revenue loan agreement, and moved its adoption, seconded by Council
Member Volk; 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 following named
Council Members voted:
Ayes: Beer, Daly, and Volk
Nays: None.
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.
Burnell G. Frieden, Mayor
Attest:
Cynia K. Stimson, City Clerk/Treasurer
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DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
Fairfax419915-23/SetHmg26l6Sewer Rev LA
RESOLUTION NO. 2016-67
SETTING DATE FOR HEARING ON SEWER REVENUE LOAN
AGREEMENT IN AN AMOUNT NOT TO EXCEED $1,300,000,
RELATED TO IMPROVEMENTS TO THE MUNICIPAL SANITARY
SEWER SYSTEM
WHEREAS, the City of Fairfax, in Linn County, State of Iowa (hereinafter referred to as
the "City"), did heretofore establish a Municipal Sanitary Sewer System (the "Utility") in and for
the City which has continuously supplied 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 and
no board of trustees exists for this purpose; and
WHEREAS, the City proposes to enter into a Sewer Revenue Loan Agreement (the
"Loan Agreement") in a principal amount not to exceed $1,300,000 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 to the Utility, and it is necessary to fix a date of meeting of the City
Council at which it is proposed to hold a hearing and 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 26th day of July, 2016, at the Fairfax
City Hall at 300 80' Street Court, Fairfax, Iowa, 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 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 date of said 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&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
Fairfax419915-231SetHmg2016Sewer Rev LA
NOTICE OF PROPOSED ACTION TO HOLD A HEARING ON A LOAN
AGREEMENT IN A PRINCIPAL AMOUNT NOT TO EXCEED $1.,300,000
(SEWER REVENUE)
The City Council of the City of Fairfax, Iowa, will meet on the 26th day of July, 2016, at
the Fairfax City Hall at 300 80th Street Court, Fairfax, Iowa, at 6:00 o'clock p.m. for the purpose
of holding a hearing and taking action to enter into a loan agreement (the "Loan Agreement") in
a principal amount not to exceed $1,300,000 for the purpose of paying the cost, to that extent, of
constructing improvements to the Municipal Sanitary Sewer System.
The Loan 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.
The Loan Agreement is proposed to be entered into pursuant to authority contained in
Section 384.24A 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 Loan Agreement. After receiving objections, the City Council 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.
Cynthia Stimson
City Clerk/Treasurer
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DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
Fairfax419915-23/SetHmg2016Sewer Rev LA
Section 3. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Passed and approved July 12, 2016.
Burnell G. Frieden, Mayor
Attest:
,•`,t`H"��yB.,.rerHhrrrasepa
x
Cyn is K. Stimson, City ClerklTreasurer 0-
0
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DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
Fairfax419915-231SetHmg2016Sewer Rev LA
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 a hearing on the City Council's proposal to take action in connection with a loan agreement,
as referred to therein.
WITNESS MY HAND this 18th day of July, 2016.
Cyntha K, Stimson, City Clerk/Treasurer
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DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
Fairfax419915-231SetHmg2616Sewer Rev LA
STATE OF IOWA
COUNTY OF LIMN 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 Ioan 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.
;e
r { ,
Cynthia Stimson, City Clerk/Treasurer
(Attach here the publisher's original affidavit with clipping of the notice, as published.)
Thedaze tie,Tftrrsd�Y,3u1 ,.2€l
0.
.4TI
HOLD A Hr=ARING.014 A LOAN. .
AGREEMIEE TIN A PRINCIPAL
AMOUNT NOT.TO E3.CCEE6
(SEWE REVENUP
The City Cauncif of the City of Vairfax,
lowa,wilt meet on the 26th day of Juiv,.
2016•,'at the,.Fairfax City:-Hall at 306
80th weel Court, Fairfax lova, at
6:00.o'clock..,P-mi .for.the',pumo.se..jof
holding a hearing and taking ac€ion to
enter info a Ioan agreement Mt "Lca
Agreement")in:a princioal amount hot'.
#o exceed 01,3OOM far.lh'e purpose bf'
p&Y.Jhj the co0_fa chat extent,of coif-
stru fittg imRl4VementS to The Muhlc.i
pal 56nrtary Sealer Systerrt,.
The Loan AgrueMent will not constitute
..a..gbn&at obliga1.7on of the C€tY,not Wtll
it be payable in.anxv manner by taxa-
tiorr hut, together wNith dny additidtiai':
obR6111ans of iho CIN as may be here-
after:issued and:outstanding from time`
to time rankim on a parity therewith,
en
velli be payahie.5alely and,ionly fromaho
Nef revues of the.Municipal 5antfa
tY Sewer System ;: ':
The Loan Agreement Is Proposed to lie'
entered€nto Pursuant to aWharity can-'
tamed in Section 3R4.24A of the Code''of
Iowa,
At fhai t€me and place,oral or wriften
obiect€ons may befiled or made to the'
proposal to enter€nto Ihe.Loan Agree-
meat: Affer Eecelving'otiiecltdns t�ei::
City;Counul rRaY deferrriine to onier'
inlo?the Lgan;'.Agreement, fn which,::
Case;:the decision will be 081 unless:"
appealed to th'e District Court MOIR`
fiffeeh(15)days fhereafler:
13Y.order'af 4he Cify t ourrc€I of the CIN
of Fairfax,loxa.:
Cunth€a Stimson
city ClerkfTreasurer
DORSEY&WH1TN �. .� r ,1llES Iv1O1NE5,IOWA
July 5, 2016
Cynthia Stimson
City Clerk/City Hall
P.O. Box 337
Fairfax, Iowa 52228-0337
Re: $1,300,000 Sewer Revenue Loan Agreement
Our File No. 419915-23
Dear Cynthia:
In response to information provided by Maggie Burger, I have prepared and enclosed proceedings
to be used by the Fairfax City Council on July 12 to set July 26 as the date for a hearing on the proposal
to enter into the Sewer Revenue Loan Agreement.
The documents enclosed include the following items:
1. Resolution fixing the date, time and place of the meeting at which it is proposed to hold a
hearing and take action to enter into the Loan Agreement.
The form of notice of hearing is set out in Section 2 of the resolution. Please insert the time and
place of the hearing in both the resolution and the notice.
2. Certificate attesting the transcript.
3. Certificate with respect to publication of the notice, to which must be attached the publisher's
affidavit of publication with a clipping of the notice as published.
The notice must be published at least once not less than 4 not more than 20 days before the
meeting date set for the hearing, in a legal newspaper which has a general circulation in Fairfax. Please
scan and email or fax a copy of the published notice to our office at(515)283-1060.
As soon as possible after the City Council meeting, please return one fully executed copy of all of
the completed pages in these proceedings.
If you have any questions,please contact me.
Very truly yours,
Robert E. Josten
cc by email: Maggie Burger