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Home My WebLink AboutRESOLUTION NO. 2018-17 Fairfax 419915-25/SetHmgLease-Purch Agmt(Skid loader) MINUTES TO SET DATE FOR HEARING ON ENTERING INTO A LEASE-PURCHASE AGREEMENT (Skid Loader) 419915-25 Fairfax, Iowa March 13, 2018 The City Council of the City of Fairfax, Iowa, met on March 13, 2018, at 6 o'clock p.m., at the Fairfax City Hall, in the City of Fairfax. The Mayor presided and the roll was called showing the following members of the Council present and absent: Present: Daly, Kell, Wainwright Absent: Volk, Otto Council Member Wainwright introduced the resolution hereinafter next set out related to setting a date for hearing on entering into a lease-purchase agreement for the acquisition of a skid loader, and moved its adoption, seconded by Council Member Daly; 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: Daly, Kell, Wainwright Nays: none Whereupon, the Mayor declared the resolution duly adopted as follows: BOi'e` t ��• As ®� -1- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax 419915-25/SetHmgLease-Purch Agmt(Skid loader) RESOLUTION NO. 2018-17 TO FIX A DATE FOR A PUBLIC HEARING ON A LEASE-PURCHASE AGREEMENT IN A PRINCIPAL AMOUNT NOT EXCEEDING $50,681 FOR THE PURPOSE OF ACQUIRING A SKID LOADER 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 a principal amount not to exceed $50,681, pursuant to the provisions of Section 364.4 of the Code of Iowa, for the purpose of acquiring a skid loader„ 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 10th day of April, 2018, 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 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, 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 419915-25/SetHmgLease-Purch Agmt(Skid loader) NOTICE OF PROPOSED PUBLIC HEARING ON LEASE-PURCHASE AGREEMENT IN A PRINCIPAL AMOUNT NOT TO EXCEED $50,681 (GENERAL OBLIGATION EQUIPMENT LEASE) The City Council of the City of Fairfax, Iowa, will meet on the 10th day of April, 2018, at 300 80th Street Court, Fairfax, Iowa, 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 $50,681, for the purpose of acquiring a skid loader. 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. Kim Donaldson Deputy City Clerk -3- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES, IOWA Fairfax 419915-25/SetHmgLease-Punch Agmt(Skid loader) Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved March 13, 2018. Burnell G. Frieden, Mayor Attest: Kim onaldson, Deputy City Clerk/Treasurer \`�`yy dip ii0i 4Wb 6 n ti y i2 ^° Gds • * :i,' -4- +reiakRrrlts� �a DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax 419915-25/SetHmgI.,ease-Purch Agmt(Skid loader) On motion and vote, the meeting adjourned. urnell G. Frieden, Mayor Attest: Ki Donald on, Deputy City Clerk/Treasurer a�ti��rr€r€a� a Q -5- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax 419915-25/SetI-ImgLease-Pureh Agmt(Skid loader) STATE OF IOWA COUNTY OF LINN SS: CITY OF FAIRFAX 1, the undersigned, Deputy 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 13th day of March, 2018. Kim Donaldson, Deputy City Clerk/Treasurer -6- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax 419915-25/SetHmgLease-Purch Agmt(Skid loader) STATE OF IOWA COUNTY OF LINN SS: CITY OF FAIRFAX 1, 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 10th day of April, 2018. 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 March 9, 2018 Cynthia Stimson City Clerk/City Hall PO Box 337 Fairfax, Iowa 52228-0337 Re: Lease-Purchase Agreement(Skid loader) Our File No. 419915-23 Dear Cynthia: We have prepared and enclose proceedings to be used at the Council meeting on March 13 to set April 10 as the date for a public hearing on the proposed lease-purchase agreement for the acquisition of a skid loader. The materials enclosed include the following items: 1. Resolution setting the date for a hearing, including the notice of hearing. The notice must be published once, not less than 4 nor more than 20 days before April 10. Please scan or fax a copy of the published notice to me. 2. Certificate attesting the transcript. 3. Certificate attesting to publication of the notice. As these proceedings are completed, please return one fully executed copy to our office. If you have any questions, please contact me. Very truly yours, Robert E. Josten CC by email: Maggie Burger