HomeMy WebLinkAbout12/02/1987 Council Minutes i
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;v.ci, vat 93
CITY COUNCIL MEET'INGG WEDNESDAY 1212 / 87. -7 : 00-01--
PLEASE NO'T'E DATE CHANGE
TENATIVE ADGENDA:
1 . APPROVAL OF MINUTES , BUDGET & FINANCIAL
REPORTS
2 . MR BOB LEVI , IOWA ILL GAS PUBLIC RELATION
RERRESENTATIVE .�
3 . RESOLUTION 12257 APPROVAL OF CONSTRUCTION
BILLS FROM SCHMITT CONSTRUCTION & WEBER.
BROTHERS CONST, HALL ENCrINEERSNO & ETC.
APPROVAL OF LIQUOR PERMIT FOR AMERICAN LEGION
S . DISCUSS.ION WITH POSSIBLE ACTION ON SEWER
MAIN REPLACEMENT" WITH POSSIBLITY OF
TELEVISING CERTAIN LINES .
6 . APPROVAL OF BILLS PRI.SENTi D FOR PAYMEXT.
7 . OFPOR°l_UNITY FOR CITIZENS A7 ENDING MEETING, BUT
NOT ON THE ADCENDA, TO ADDRESS THE COUNCIL
R., SWEARING IN OF NEW COt+NCII.. MEMBERS .
9 . ADJOIRNMENT
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llae FaL?-�ax Cz -ty Council met bz rte�u.Lan Ae,,,,Loln at 7PA on 1.213187
Mayors. I etekl prce., LdLnq. CouncLl present, Ba.Lo , Bach, Shahelpe.ake.,
CvurzLLmen CerrrveaY anrcced at 8: 05. {��ihent. BuCLvcf .
MLnute& a� pn.evLOUll meetLnq� apprcoved on mot Lon v� Shahe�peane, 2nd
Ba:Lo CatLtLLed.
BUC19,et & f Ln.ancLa.L rcepo&s-a_ &eceLved and placed on �L4e.
ReceLpt& to be accounted 1orz as �o.l.low&. . Geners.a- fund $31, 911 . 67,
I fund: $2, 068. 60, GUate'r� Dept $.L, 959. 03, �a bage eel $1, 506. 00,
Sewe,rz fund $3, 497, 37.
B06 �evL, kepAeaentLve ,:om Iowa Ml no LA (raA, dLAcuAh.ed WLth counCLZ
theL ae-ILV L ce.,i, and advLaed CouncL'I that the 2 5 yea/L �n.anchLie e,Lect-.on
0 ,Ll ve he.Ld La 1989 ho plan.& wLZZ have to 've made Ln the comLnq, cyearc
of. Lt.
eio.lut on 12387 and 1238M 1Ll uance o� Wak'Lanta Ln cvnectLon wLth.
Lagoon I rco ject and vara.Lou.a_ others aeweri and waters. pno e.c-L cnbzoduced
and rrzotLon to appxove. 6p P)aLoy,, 2nd Mach Ca),c.rs.Led. VotLnq arse: Mach,
13a.Loy, Shaheapean.e, Na i None. 46,ien:t Cercven ,, & 13u lLoch
DLAcu&aLon held on add LtLona,l iewen maLn lzep.Lacemeat and the I VLn
o cerLtaLn iewen. ma.Ln.a..
On rrzotLon o� Ba.Loq, 2nd Bach, We6erc ConitrcuctLon comp ncy to 7eplace.
an adLtonal. 520 �eet oewen maLnorz $9, S20. 00 and IuaLcLpal %Lpe
S Ioul to te.LevL,ie apkrzoxLzrzaf-CLY /, 000 eet o icwerc main �orc 85o
a vvt. Cax/tL, ed. Vot Lnp. acye; Ba.log, Bach SIlakeapeaxe, Na i none
21 er2t Cen.veary & Bu l.lock.
BL.Lbi prceient fort payment on mot Lon o� Shake.a.pea,�.e, 2nd BaloQ,. 41J-
vot Lnrq ache.
l�? 3dvr 1 eten� then auo/?-n La the new CLtY CvuncL.L mem6en'l-, lull'. Nadi n
kathrl Bullock, Venn Cercvenr , LudurL� Svvbvda, Ken Bannell. CLtY
CCe � then �wvna Ln I'ICLLyol/t f eten./J..
a ors %eterci announced that the next neq-u,la& councLl meetLnc� wLLI
ve Y ganual'Ly 7th and budget aA Laament- wL.L.L 6e Lven to new couacL.L
mepz6 e&.,i at that t Lme.
MeetLa� ad'ourr_ned on mot Lon o� Bcc.Loq, at 8:3011 , 2nd Bach. Ca/L/ted'.
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�I.L�zq-LnLa Souhup, CLtY C.lerzh C— aLlel M. / etekl) Mayors
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the FaWax Cite Council met_ in negu.lar aeaAWn on yanuancg 8, / 988
at 7 PA. Mayon %etenA presiding. Council prze?aent, Bann.e&L Bullock,
Cervenrg, Nading & S OW A.
Rgena approved as poafed on motion of Cerveney, 2nd Banne&
Anutev of pnevioua meetin appkoved on motion of Cenveny , 2nd Anne&
City C.lenka Anaactal and udgetancy neponts approved on motion of
Cenvenry, 2nd Nailing,
appointment of committee membevA 6 Won Wen, on motion of
Cenven 2nd Svo6oda. I & Z Comm. ang Stockton, Lad of {djus.tment,
Began ha.log, Abrarg Board, Carol .SStaRman, Cano.l. Song S Karen Schulte
Cite., Afonneg, Scott Mcleod, Five Chief Ronald Stallman & City C.lenk.
Rk inia Soukup.
Mayo& Mena appointed Vennon Cenvenzg, Aargor-1 no-Fempone
Sulan Fair.lie, appointed to a poo6ationang peniod on the FainTax
Volunteer Fine Dept on motion of Cenveay 2nd Skodola
j Update nepont given on Sewers pro jectn. Bill 06ney adviaed Council
that the contractor had gone a :conWenable Rafance OKA& e of AN
eane,ment on An pnopent City Cngineer to 6e infoxmed and he will
contact We.r Bros the contractor.
Decision on Storm Sewen P to ject and g.nouting of necenil TAY sewers
lineA to 6e made at Special Council meeting to be held f anuang lath.
Budget aAaLkament2 iven to Council members.
Xacu.�a pion held on
table le L I, Snowmob i lea in park and on private
properties, ChristmaA deconationA fors uptown, enforcement of Aeweo
ondtnance in rzegard to &loom water tWea.
Ally preaent /on payment approved on motion of �°��rading, 2nd Bullock.
An i6nery ark that a deten.mznation be made if ''Iowa Stwe.e.t" runj
north and mouth through the. pank,
Aot ion to ad jounn made at 9:00%x? by Svoboda, 2nd Banne.l.l. Caroled.
Ving..inla Soukup, Cite Clerk. Charles A %etena, Aargon
The F ain fax City Council me.t in Apecia.l 2e2� LOO on yanuang /j, 1988
at . 30PA- NO, 1 eten� pneaAng. Council pn,esent Barne.l.l, Bu.l.lock.
CenveRy, Nadi, & Svoboda.
Qgenda appnove.d as pouted.
On motion of Nailing 2nd Svo6oda, Gnouting. of the TAW aewen ,lines
to be done. 6g Runicipa,l Pipe X 1 oo.l of AAA, la. Ca&xied. 411
voting Yea.
Sto n„m Sewers pool cct d iacu s&ed. Aa contract han been Aign.ed to do
tAla pooled it Aa.l.l progya& a& nchedu.led.
Bud ,et wook nenAOR hAd. Date of public hearing will 6e Act
at e.bnua&y council meetia�zg.
Bond Lanue to covert all water & sewers pro jest. CLAW completed on
in pnogneAn will have date o-1 sale net at f e6unang 014 Council
meet ing.
AOI ion_to ad ounn made at 7: 45PA 6g Nading, 2nd Bullock.
vingtnia Soukup, Citg Clerk CharleA A %eterA, Aacgor
City 0j '_Fr o(A .Cmp>loeyee. SalanieA loo ca,lenden Bean. 1987
Linda Bd to a 3, 422. 13
Kne d av is 48. 00
Donald Nail 26, 176. 29
Betty; l anek 1, 794. 00
Aang d 1 etera 1, 446. O1
Canoz Song 157. 50
V inginia Soukup 15, 994. 00
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4861
PROCEEDINGS TO AUTHORIZE THE
ISSUANCE OF A WARRANT
Fairfax, Iowa
d e, e PI 11 e /c___ 198
�a iL session at the
The City Council met in
4 L�� 11c, 1� o ' clock m
�,q-I ax in the City, 00
ors the fl- d t-)
meeting was ca o
7 day of /)C- 26e-�L- I 1 The mthere were present the
order by -he Mayor and the roll being called, o-
Mayor , in the chair , and the foilowing named Council Members :
Present : —ael
Absent :
The Mayor filed the following acknowledgement of Notice of this
Special Meeting , signed by all members of the Council:
ACKNOWLEDGEMENT OF NOTICE OF SPECIAL MEETING
We the undersigned , being all the members of the Council , do
acknowledge due, timely and legal- receipt of Notice of Special Meeting
for the called purpose of considering all matters p ertaining to the
issuance of a Warrant and for the consideration of such other business
as may come before the meeting and do hereby consent that the meeting
be held .
BELIN HARRIS HELMICK, ATTORNEYS, DES MONES, IOWA
Council Member irtroduced the resolution
entitled, ",Resolution providi � for the issuance of a Warrant in
connection with the construction of the Wastewater Treatment Lagoon
Improvement Project" , and mov d that said resolution be adopted,,
seconded by Council Member After due consideration
thereof by the Council, the Mayor put the question on the motion and j
the roll being called., the following named Council Members voted:
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Ayes : (L �- --
Nays :
Whereupon, the Mayor declared the resolution duly adopted, as
follows .
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BEUN HARRIS HELMICK, ATTORNEYS, DES MOINES, IOWA
ASMACT OF ELECTION Farm 156-K
(Sections$0,24,277.20 and 280A.1S,Codip of 1*w ) O-481
IS HEREBY CERTIFIED THAT, on the ____9th. day of ----NQVLMER- A. D., 19-
r .
the undersigned LINN COUNTY BOARD OF SUPERVISORS:
--- ---- -- --------------------- ----------------- --------- ----- -------- - --------
(NAMES AND TITLE Of OFFICE OF THE CANM�SERS)
JEAN
_ - -- X=, B. JOSEPH RTNAS & KENNETH SCHRINER
--------- -------------------------------- --------------------- --------- -- ---- me', as a,
CEDAR RAPIDS, IOWA
Board of Canvassers, as provided by law, in -------- - ----- ------------ ---------------- - I
in- - LINN -turns from all the
County, Iowa, and canvassed the election re voting precincts in
said'aid Clounty, for votes cast at the election held therein on the 3rd day of NOVEMBER - A. D., 19 V
for each office on the ballot and the number of votes for and against each question submitted by said - FAJRFAX
the result of said canvass being as follows: (Coun?y,chry of S,h.01)
FOR 'THE OFFICE CIF MAYOR OP rAIRFAX 1)_ One_ _
to be elected) I
(Number) iE
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There were -NIN=
- -- ------- -- -C93 ballots cost, of which
(88)
QiARLES M. PETERS had EIGHTY EIGHT
- --------- - ----------- votes
SCATTERING
had __FIVE--- -(5) votes
had votes
---------- ----- votes
---- -----had votes
- -had votes
-- - - --------- --- ---------- had --- --- votes
had -- votes
---------- -------- had --- rotes
had VOIC,
and.... -CHARLES M. PETERS fed,
and- - -was/were elected.
FOR THE OFFICE OF -FA-TRF'AN-- ------- --- ---- -- - - - - (5) F,iVe .. to be sle0el)
THREE HUNDRED NINETY FIVE (395)
There were ------------------- -- - - ballots cast, �of which
KA== M. BULLOCK
had EIGHTY
VERNON F. CERVENY NINETY TWO 2
votes
RUSSELL D. NADINE FIGFTI1Y THREE
hod A83) e s
--- ----------- - -- -- - vc I
LUDW-IG J®.. SVOBOD.A had ---SEVENTY NINE (79) votes
MZ= BARNLELL had THIRTY ONE WRITE IN VO—IES (3 1)
vole.,
SCATTERING THIRTY (301
Kathleen Bullock,' Vernal CerverLy, Rg�,sell -Nadinq, Ludwig-Svoboda & Kenneth Barnell .elected li III
There, were - -- - - - ----- - ballots cost, of which
-had votes
votes
votes
--- ----- ---------------- ------- - --- -- ------ - ---- voies
votes----- --had ------------- -------------------------------- - -
and ------------ ----------------- -- -------- - ----- was/were eIected,
FOR THE OFFICE OF - ----- --- ---- - ---- -- - -- in be elected)
There were --------------- -- --- ----------------- --- -- - - - baii�'!-, rMtof %which
-------------had -------- ----- ---- - ----_. _- --sates
-------- -
------------------------------had ------------ ------- --- ---- -
---------------- --- ---- ---- ------- ------- ---- a ------- ------- . - ---
had `t
- - --' - - --- -----. - -- - - -had -- - Vote-,
- - -
-- _..----- ---------------- -------..------'--.... _had ---- -- -- --_ - - - - . . ,
Votes
and -------------- ------------------------- ----- --- --- ----- - -- -- --- was/were. eirecead.
FOR THE SPECIAL PROPOSITION: - - ------ -_ --_-
There were -----. _ . . . ballots cast, of Which
votes were for the proposition, and
votes were against the pI°opositior-.
FOR THE SPECIAL PROPOSITION: --- -_-_ _ _ .._ - - -- - -- ___---..
There were --.---- - _- _ - - --._- . .- ballots cast, of wh;ci
votes were for the proposition, on d
--.__. __--.------- ----------- .. __--- _ - votes were against the proposit:ian.
FOR THE SPECIAL PROPOSITION; __ ___ ------- --------
There were - - ------ . ballots cast, of which
_votes were for the pro.positiolru, wand
votes were against the proposiii<on.
FOR THE SPECIAL PROPOSITION: - - - -
'here were - - - . __._ - - . . - - - - - - -- ----- - ---- - 'ballots cast, of w�ii;:h
votes were for the propositioln, and
----------------- --- -- ---- -- votes we a against the proposition.
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WITNESS our signatures, this 9th -day of NOVFMBER 87
i'SIGNATUAFS) (OFFICIAL TIN65]
- - '
`
CHAIRPERSON
-SUPERVT SQK
SUPERVISOR ! Canvassers
II
- --- - --- --- _. .- -- --- 1
• 95 C ✓aJ , y L C C m C r s� t o m "-
o
0 G u nE °
I 4A I t ��ua O N s L o 2 0 H a w o. ° n U �ca
L L7- 1g w y — 0 4 C O b O r 6 0 A V (- t
/l� O 1= W C '' •E L0 O a p Ca K O
to c^ — a m 0.0
> p ffy 7 ca h $ mo ✓ n— r
CL
o ° -6-
! 3 �' �,:E C 8 a O a N 9 ❑ p Ca C Z7., �, �4[
C� fi O 13 11 w `L
a C_ l rv " C} o
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C •12 ff a; i a� v .-—•� E H ? m a� �� II
ll �11, I ua C O Lij , U it
Ilk
E
RESOLUTION NO. !? `
Resolution providing for the issuance of a Tarrant in connection with
the construction of the Wastewater Treatment Lagoon Improvement Project
WHEREAS , the City os Fairfax, Iowa , has authority to issue
warrants for the purpose of defraying costs in connection with the
construction of the Wastewater Treatment Lagoon Improvement Project
(hereinafter referred to as the "Project" ) and
WHEREAS , to nay for authorized costs of the Project it is
necessary to issue a warrant in the amount of
pursuant to the provisions of Section 384 . 57 of the Code of Iowa ,,
NOW, THEREFORE, It Is Resolved by the City Council of
Fairfax, Iowa , as follows!
Section 1 . The Clerk is authorized and directed to issue a
warrant (the "Warrant''' ) , as authorized by Section 384 . 57 of the Code
of Iowa , to Fairfax State Savings Bank , Fairfax, Iowa {the "Bank"' ) ,
in the aforementioned amount , to be drawn on any fund or funds from
which payment for such Project may be made, including but not limited
to, the proceeds of the sale of General Obligation. Bonds and/or Sewer
Revenue Bonds , and/or the net revenues of the Municipal Sanitary Sewer
System of the City. The Warrant shall be signed by the Mayor and
attested by the Clerk with the seal of the City affi:ed, dated as of
the date of its delivery to the Bank , bear interest at the rate of
Per Cent -_' %) per annum, and
S k�v e_n cG o rz e -A a_.1. -717 —
will mature on June 1 , 1988
Section 2 . The Warrant shall be in substantially the form as
attached to this resolution and shall be payable as to princzpal and
interest in accordance with the terms set forth therein.
Section 3 . It is the intention of the City that interest on the
Warrant be and remain exempt from federal income taxes pursuant to the
appropriate provisions of the Internal Revenue Code of 1986 , as
amended, and the Treasury Regulations in effect with respect thereto
(all of the foregoing herein referred to as the "Internal Revenue
Code" ) . in furtherance thereof the City covenants to comply Frith the
al Revenue Code as they may from time to time
provisions of the Intern
be in effect or. amended and further covenants to comply with applicable
future laws , regulations, published rulings and court decisions as may
be necessary to maintain the tax exempt status of the interest on the
Warrant. Any and all of the officers of the City are hereby
authorized and directed to take any and all actions as may be necessary
to comply with the covenants herein contained .
The City hereby designates the Warrant as a "Qua!
_ified Tax. Exempt
Obligation" as that term is used in Section 265 (b) ( 3 ) (B) of the
Internal Revenue Code.
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BELIN HAIF R' S HELMICK, ATTORNEYS, DES MOINES, IOWA
Section 4 . All resolutions or orders o parts thereof in
such
herewith be and the same are hereby repealed,
conflict ,
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Passed and approved this _ day of
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Mayor
Attest .
City C rk
On motion and vote , the meeting ad-l+eul,ned .
7 7
Mayor
AtteFt .
Cler!c
Seal)
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BELIN HARRIS HELMICK, ATTORNEYS, DES MOINES, IOWA
No. >
UNITED STATES OF AMERICA
STATE OF IOWA
COUNTY OF LINN CTTY OF FAIRFAX
WASTEWATER TREATMENT LAGOON IMPROVEMENT PROJECT
WARRANT
This instrument is evidence that the City of Fairfax, Iowa (the
"City" ) , hereby promises to pay to Fairfax State Savings Bank , Fair ax
Iowa, its successors or assigns , the sum of X
4�, ----_ Dollars ($ a S�7�r. ) pay le on
or befo e J ne 1 , 1988 , with interest ther11on from the date hereof at
the rate of )_even & an?_-.A
Per Cent (_Z _o) per annui payable at maturity of this instrument or
upon prepayment of this instrument as hereinafter provided .
This instrument is one of a series of similar instruments issued
by the City for the purpose of paying the costs in connection with
the construction of improvements and extensions to the Municipal
Sanitary Sewer System of the City, designated as Wastewater Treatment
Lagoon Improvement Project, is issued under authority of Section 3€ 4 . 57
of the Code of Towa , 1987, and is payable from any fund or funds from
which payment for such work may be made, including but not limited to ,
the proceeds- of the sale of General Obligation Bonds and/or Sesser
Revenue Bonds and/or the net revenues of the Municipal Sanitary Sewer
System of the City.
The City reserves the right to prepay the amount represented.
hereby at any time prior to maturity hereof , with accrued interest to
the date of such prepayment. Both principal and interest of this
Warrant are payable at the office of the City Clerk, Fairfax, Iowa .
IN WITNESS WHEREOF, the City has caused this instrument to be
executed by its Mayor , and attested by its pity Clerk, with the seal of
said City affixed as of the day <�f �J 19 .
CITY OF FAIRFAX,,�IQWA
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By���
Mayor
Attest:
ity lerk
(Seal)
SELIN HARRIS HELMICK, ATTORNEYS, DES MOINES, IOWA
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STATE OF IOWA
COUNTY OF LINN SS:
CITY OF FATRFAX
I , the undersigned, being the duly qualified and acting Clerk of
the aforementioned City, do hereby certify that as such Clerk I have in
my possession or have access to the complete records of the Council of
such City; that I have carefully compared the transcript hereto
attached with the aforesaid records and that said transcript hereto
attached is a true. correct and complete copy of all the corporate
records relating to the issuance a warrant ,, as shown therein.
WITNESS my o icial sig tune and he seal of the City hereto
affixed this day of
y r
Cler
(Seal)
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BELIN HARRIS HELMICK, ATTORNEYS, ROES MOINES, IOWA
ARBITRAGE CERTIFICATE
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We , Charles M. Peters, Mayor, and Virginia Soukup, City Clerk, of
the City of Fairfax, Towa (the "City" ) , do hereby--certify , with respect
to the City' s Warrant ;# � {the "Warrant" presently being delivered
by the City, as follows:
1 . The City is issuing and delivering the Warrant simultaneously
with the delivery of this certificate.
2 . The Warrant is being issued for the purpose of paying costs in
connection with the construction of-the-City' s Wastewater- Treatment
Lagoon Improvement Project (hereinafter referred to as the "Project" ) .
3 . The City has entered into contracts for engineering services ,
construction materials and construction contracts for the Project, -and
the fees and costs to be paid thereunder are equal to at least 2 1/2o
of the total cost of the Project.
4 . The work on the Project has begun and is -expected to proceed
hereafter with due diligence to completion.
5 . At least 85 per cent of the proceeds of the Warrant will have
been expended for costs of the Project within three years from the date
of the Warrant .
6 . The amount received from the sale of the Warrant is ?2,1
(purchase price) , and is necessary for and will be used to pay costs of
the Project . The outstanding aggregate principal amount of warrants ,
project notes , or other tax exempt, obligations previously issued with
respect to the Project is $
7 . The total cost of the Project is estimated to be approximately
$341, 270 .
8 . To our best knowledge and belief, there are no facts ,
estimates or circumstances which would materially change the foregoing
conclusions .
9 . on the basis of the foregoing , it is not expected that the
proceeds of the Warrant will be used in a manner that would cause the
Warrant to be an "arbitrage bond" under Section 148 of the Internal
Revenue Code of 1986 , as amended, and the regulations promulgated under
that section or any predecessor section.
10 . The City has not been notified of any listing or proposed
listing of it by the ,Internal Revenue Service as a bond issuer whose
arbitrage certifications may not be relied upon.
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BELIN HARRIS HELMICK, ATTORNEYS, DES (MOINES, IOWA
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11. The City doses not currently have outstanding tax exempt
obligations including the Warrant , issued during 1987 equal to or in
excess of $5 , 000 , 000 , nor will the City issue additional tax exempt
obligations during the remainder of 1987 whit=h, when added to the
City ' s current tax exempt obligations , including the Warrant, would be
equal to or in excess of $5 , 000 , 000 .
IN WITNESS WHEREOF, we have hereunto aXfixed our ands and the
seal of the aforementioned City, this day of
198-2-.
MM r
Clerk
(Seal)
*This Certificate should be dated as of the date of delivery of the
Warrant . )
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BELIN HARRIS HELMICK, ATTORNEYS, DES Ir OINES, IOWA
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(AMENDED)
486! J
PROCEEDINGS TO AUTHORIZE THE
ISSUANCE OF A WARRANT'
Fairfax, Iowa
1.98 t
The City Council met in session at the
�(� , in
th4 City, at ;p o ' clock .m.
on the 614 ay of am. ✓ 19_U. The meeting was called to
order by the Mayor and the roll being called, there were present the
Mayor , in the chair, and the following named Council Members :
Present: 'j,
Absent: f"
The Mayor filed the following acknowledgement of Notice of this
Special Meeting, signed by all members of the Council :
ACKNOWLEDGEMENT OF NOTICE OF SPECIAL MEETING
We, the undersigned , being all the members of the Council , do
acknowledge due, timely and legal receipt of Notice of Special Meeting
for the called purpose of considering all matters pertaining to the
issuance of a Warrant and for the consideration of such other business
as may come before the meeting and do hereby consent that the meeting
be held.
BFLIN HARRIS HEL",LICK. 'TTORNEYS. C ES `AOINES. 10WA
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Council Member �� _ introduced the resolution
entitled , "Resolution providi g for the issuance of a Warrant in
connection with the construction of various sewer and water k
improvements" , and moved that said resolution be adopted; seconded b-
Council Member l }, _ After due consideration thereof by
Council, the Mayor put the question on the motion and the roll being
called, the following named Council Members voted :
Ayes : n
Nays :
Whereupon, the Mayor declared the resolution duly adopted, as
follows :
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SEL€N HIIARRIS HELMICK. ATTORNEYS. DES MOINES, IOWA
RESOLUTION NO.
Resolution providing for the issuance of a Warrant in connection with
the construction of various sewer and water improvements
WHEREAS , the City of Fairfax, Iowa , has authority to issue
warrants for the purpose of defraying costs in connection with the
construction of various sewer and water improvements (hereinafter,
collectively referred to as the "Project" ) ; and
WHEREAS ,. to pay for authorized costs of the Project it is
necessary to issue a warrant in the amount of $ o1a, �, (�2. ,
pursuant to the provisions of Section 384 . 157 of the Code of Iowa;
NOW, THEREFORE,, It Is Resolved by the City Council of
Fairfax, Iowa , as follows :
Section 1 . The Clerk is authorized and directed to issue a
warrant (the "Warrant" ) , as authorized by Section 384 . 57 of the Code
of Iowa, to Fairfax 'State Savings Bark, Fairfax, Iowa (the "Bank" ) ,
in the aforementioned amount, to be drawn on any fund or funds from
which payment for such Project may be made, including but not limited
to, the proceeds of the sale of General Obligation Bonds . The Warrant
shall be signed by the Mayor and attested by the Clerk with the seal of
the City affixed, dated as of the date of its delivery to the Bank,
bear interest at the rate of ctxe -
Per Cent ( ) per annum, and will mature o June 1 , 1988 .
Section 2 . The Warrant shall be in substantially the form as
attached to this resolution and shall be payable as to principal and
interest in accordance with the terms set forth therein.
Section 3 . It is the intention of the City that interest on the
Warrant be and remain exempt from federal income taxes pursuant to the
appropriate provisions of the Internal Revenue Code of 1986, as
amended, and the Treasury Regulations in effect with respect thereto
(all of the foregoing herein referred to as the "Internal Revenue
Code" ) . In furtherance thereof the City covenants to comply with the
provisions of the Internal Revenue Code as they may from time to time
be in effect or amended and further covenants to comply with applicable
future laws , regulations , published rulings and court decisions as may
be necessary to maintain the tax exempt status of the interest on the
Warrant. Any and all of the officers of the City are hereby
authorized and directed to take any and all actions as may be 'necessary
to comply with the covenants herein contained.
The City hereby designates the Warrant as a "Qualified Tax Exempt
Obligation" as that term is used in Section 265 (b) ( 3 ) (B) of the
Internal. Revenue Code.
-3-
BELIN HARRIS HEL�f11CK, ATTORNEYS, DES MOINES, IOWA
i
f
I
Section 4 . All 'resolutions or orders or parts thereof in conflict
herewith be and the same are hereby repealed , to the extent of such
conflict,
Passed and approved this ,2 day of 198 7
Mayor
Atte t:
City Olerk
On motion and vote, the meeting ad ouiirned. /+
Mayor
Atte t:
Clerk _
(Seal)
I
i
a
i
_4-
BELIN HAIRRlS HELMICK. ATTORNEYS. DES MOINES, IOWA
No. � sC2� .
UNITED STATES OF AMERICA
STATE OF IOWA
COUNTY OF LINN CITY OF FAIRFAX
VARIOUS SEWER AND. WATER IMPROVEMENTS
i
WARRANT
This instrument is evidence that the City of Fairfax, Iowa (the
"City" ) , hereby promises to pay to Fairfax S / te Savings Bank, Fairfax,
Iowa , its successors or ass ' gns, the sum of
/CC,) Dollars ($ p?�. 5✓��. Gam) pays le on
or before Jun 1 , 1988 , with interest thereon from the date hereof at
the rate of
Per Cent { 7 ' o) per annum payable at aturity of this instrument or
upon prepayment of this instrument as hereinafter provided.
This instrument is one of a series of similar instruments issued
by the City for the purpose of paying the costs in connection with
the construction of various sewer and water improvements of the City,
is issued under authority of Section 384 .. 157 of the Code of Iowa , 1987 ,
and is payable from any fund or funds from which payment for such work
may be made, including but not limited to, the proceeds of the sale of
General Obligation Bonds.
The City reserves the right to prepay the amount represented
hereby at any time prior to maturity hereof, with accrued interest to
the date of such prepayment . Both principal and interest of this
Warrant are payable at the office of the City Clerk, Fairfax, Iowa.
IN WITNESS WHEREOF, the City has caused this instrument to be
executed by its Mayor , and attested by its City Clerk, with the seal of
said City affixed as of the 9 -'—` day of 1.918_.
CITY OF F RFAkn�OWF
By
"%.
Mayor
Att St.
City 51erk
(Seal )
BELIN HARRIS HELMICK. ATTORNEYS, DES MOMES. IOWA
r
STATE OF IOWA
COUNTY OF FINN SS;
CITY 0� FAIRFAX
T , the undersigned, being the duly qualified and acting Clerk of
the aforementioned City, do hereby certify that as such Cleric I. have in
my possession or have access to the complete records of the Council C' -
such City; that I have carefully compared the transcript hereto
attached with the aforesaid records and that said transcript hereto
attached is a true, correct and complete copy of all the corporate
records relating to the issuance a Warrant, as shown therein.
WITNESS my o icial sign tore and the seal of the City hereto
affixed this day of 198 -
Cler
(Seal)
I
i
E13ELIN HARRIS HELMICK, ,ATTORNEYS. DE'S MOINES. IOWA
11. The City does not currently have outstanding tax Exempt
obligations including the Warrant, issued during the current calendar
year equal to or in excess of $5 , 000 , 000, nor will the City issue
additional tax exempt obligations during the remainder of the current
calendar year , which, when added to the City ' s current tax exempt
obligations, including the Warrant , would be equal to or in excess of
$5,000 , 000 .
IN WITNESS WHEREOF, we have hereunto ffixed our h nds and the
seal of the aforementioned City, this _ day of
7.98 . *
Mayo
C]_er
(Seal)
( *`Phis Certificate should be dated as of the date of delivery of the
Warrant. )
7-
BELIN HARRIS HEL I,MCK. ATTORNEYS. DES PAGINLS. IOWA
ARBITRAGE CERTIFICATE
We, Charles M. Peters, Mayor , and 'Virginia Soukup, City Clerk, r
the City of Fairfax,, Iowa (the "City" ) , do hereby certify, with respe- -
to the City' s Warrant # �¢--- (the "Warrant" ) , presently being delivered
by the City, as follows:
1. The City is issuing and delivering the Warrant simultaneousl
with the delivery of this certificate.
2. The Warrant is being issued for the purpose of paying costs
connection with the construction of various sewer and water
improvements (hereinafter collectively referred to as the "Project" ) .
3 . The City has entered into contracts for engineering services ,
construction materials and construction contracts for the Project, and
the fees and costs to be paid thereunder are equal to at least 2 1f2o
of the total cost of the Project .
4 . The work on the Project has beguin and is expected to proceed
hereafter with due diligence to completion.
5 . At least 85 per cent of the proceeds of the Warrant will have
been expended for costs of the Project within three years from the date
of the Warrant.
6 . The amount received from the sale of the Warrant is
(purchase price) , and is necessary for and will be used to pay costs of
the Project. The outstanding aggregate principal amount of warrants ,
project notes , or other tax exempt obligations previously issued wit'
respect to the •Project . is
7 . The total cost of the Project is estimated to be approximately
$341 , 270 .
8 . rno our best knowledge and belief,. there are no facts,
estimates or circumstances which would materially change the foregoing
conclusions .
9 . On the basis of the foregoinge it is not expected that the
proceeds of the Warrant will be used in a manner.' that would cause the
Warrant to be an "arbitrage bond" under 'Section 148 of the Internal
Revenue Code of 1986, as amended , and the regulations promulgated under
that section or any predecessor section.
10 . The City has not been notified of any listing or proposed
listing of it by the Internal Revenue Service as a bond issuer F, hose
arbitrage certifications may not be relied upon .
-6-
BELIN HARRIS HEL11.1ICK, ATTORNEYS, DES MOINES IOWA
�ene�a.L Fund:
?on enL&heh �F. D. / '' 6. 52 Iowa 1.-1 (aA 51. 46
?hLllL pA 66 4. 07 %oitmait e& 3. 85
ILnn Count ?econ.derz 30. 00 Iowa State Exten/1LOn 30. 00
C a le I eterLl 200. 00 W W GkaLa9,etL Co 08. 81
Qrc�(an Balo y- 180. 00 la M Lu acu.Loahe.Leta.L 45- 50
lea list ch 160. 00 Wm ?o 6.i on 21 - 75
UeInon Ce.nvency /80. 00 SouthS.l`_ope 127. 8.L
llarco.Ld Shakeapearce /90. 00 Iowa Clec 557. 39
lave Bullock 30. 00 Iowa C.Lec 125. 00
?onald Sfa.L.Lman 41.5. 5"0 C/�Lty o ' CR 251. 09
?uaae.L.L Carcven. 41'.5. 50 BabLketL SanLfat i on 1, 269. 00
Yoe ff&ahmen. 410. 50 Mc Lin Maxi-etta 17. 35
d. C. Ncuhau i 213. 00 Sanho t« qaa Cage 6o. 84
qa/ Stoclzton 212. 50 State : w1A 26- 72
?Lchai.d Flahetc-y 102. 00 IPC? 44. /3
Bohn #anoven 1416. 00 Fed w1A & Feca 259'. i7
?aV Zamai. -L-,L 206. 00 Croat Cea,t,za.L CL6kal�,q 150- 00
Warne Yol. feh 133;50 State lbiton.Lca.L Soc 50. 50
Ye/.,' V ZenL&ek 194. 00 Iowa. M. qaA 26. 23
?orzz nL,aeh 297- 50 CA1IdLena NeIA 130- 15
?on dU,4 L1 93- 00 Q. ba.L-on Booha 128. 08
Dan Shaken pean.e 57- 00 I owcl i�j 'el_- A5. 26
5. 26
Dave Cc%harL- 68. 00 Chel iea 11oulie I u6.L 19. 30
To /N p 76. 00 ?ouhe Publ, ah Lnq, 241. 55
�?L e FkLahere.ty 200. 00 Bu-ke-i d �"ayl.on. X13/. 98
L'en 'axae.L.L 204 . 50 L Lnn Cry sken.L�f Con-, 3, 510- 00
I LmeaLnLLe
15V- 00 C ? qia e-te 89- 93
?Lchakd SChWC&-�egerc, ,�rc 78- 84 L ynch, a.UaA, SML-h & llarcmoa 315. 63
CtLaLc Dol-a.L 138- 95 Q.Lue CkoAa 157. 66
bola Vemeu.Lenaerce 121. 22 W W GlLaLn c iLCo 80
dourg, Cx.LLne 98. 55 flawheye F Le. Sa�ety 36. 00
Lion S-ockz -on. 47. 80 C 2 We.LdLny 13. 5'6
#a&Old ze.nblek 31. 54 M� d-Con-Lnen- 102. 00
QuL,L.L 32. 14 ! Lnn Co ?CC 16. 20
I atelea, Caahwacj 98. 28 Sa, a/LLeA 872_34
RUT Fund
Iowa ILL qaa 56. 91 Iowa Uec 41. 36
Newlllethod EquLp 36. 88 Ed 14 FeldEquLp 157. 25
_S�-o .m Stee.L 28. 97
Iowa Ill qaa 15. 28 State w h 25- 02
Iowa C.Lec 156. 38 Fed w/{�h 174<. 82
Nat-al Le KLch 30- 00 Acco Gf nl Ln?t fed 294. 00
Sa.La.itLelj 406. 16
SEWER Depf:
South Slope I eLe 78. 85" Iowa e1ec 112. 67
LU ?ai ngerc 42: 80 State w/�h /0/. 86
I pe-I ra 124. 30 Fed w/`h N F Lca 7'37. 53
Sa.LalLzeA. 2, 787. 24
CONSTRUCTION P?OYCCIS:
have. Schm�ft Con&-t 1, 956. 00 Cxaw�oltd Quatcrcry 173'. 05
/Wave Schmct- Con/i- Ston.m Steel 45. 79
Webex L3rcol Cons- rzeZne Well 270. 75
G & /B C.Lec 3412. 37 #a.L.L & #aL4 Cn x 4) 25-5. 29
wa-efL %lzod 269. 00 SChmc-t CoaAL 3, 229. 15
STATE OF IOWA
County of Linn ss.
�AtaeF�x�lry co�rrc€e.. f
Tlhre Fcrrrfax Crty COuncr!mref:€n regular:sessFan '
a! an 12Y2F$7 $boyar Peters Presld3n9. I s F'J. F. HLAD f III, being duly sworn on my oath, do say, that am
Cesrerrract6�resent ealOg Bach Shairespearse own-
`trWmam Cervenv�arrFved at 8(!�AlY5errt i3wl€atk.
!14rtrfates of rxrovrausmeetrrsg apPrae'ed are rrlaf€an
at Shakespeare,sers�tnded��Ha#ag Carrred publisher of THE CEDAR RAPIDS GAZETTE, a Newspaper issued
4f&,Financial ceParts received and Placed-
daily and printed at Cedar Rapids, in said County of Linn; that the
Reap# to be detori. far as fa[SOVts :General
Ftlrwc! "&334T1d7 f$u7 Funds 926$8 d6 Mater
Rrt 31,45N3 Garbage loos 9Flz .11 r Salver
Fundy Notice of which the annexed printed copy, was inserted d pub
Bdt# Ley r;:Yepre5enta#ive from lawad Illhaei5 Ga
rs Ussed.vrrth Gaua1'T their serwces rind,advisot
£awmrclf:189§6e ldn-%0 1 franchise eiec#tatc tYrll 4e lished in said newspaper in the issues of.
:gaeabe�,aL2 14,89 sa pfarts w�+€#haVe to Ffo�ma6e in tha, .- . . . . .
ccrrrx'f,ng<°Year for ilf.: . . . . , , , . . .
ResafutTod 12287 aril 722855:`:[ssuaafce`t On
ram pn connettran with Lagean Pr tee: and
+M"ikrtaws a#her sewer and WateC PrOfer.I iR.tra
duced Ond motion to aPProve-by i3%tag,secarfded
'il�f Carried.:VotTn9 Cate aRr Bgiag,
Sal esperaro, Nays Nane, Apsent Cerveny & . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . ,
BwlRotk. �.
fyisrnrssion #geld an'addC!€ort09 sewer mairr re December 1c A. I .,I
Ptacernerit and the F..€rig of aerIain severer tnairas. . . . . . . , . . . . , . . . . , .
Ca tgtotioa of salosr seeatldec! bv,BacFi hlemeY ✓
Canstrwt er cil y fa reclace an ftrfdr.i 1 01 and the reasonable fee for publishi ld ice iS . . 5 '
-5 feetalso wer and€h far59,H24.66and hJluneeto€
Plpe&Iaol to televise aPS�roxi:matety 1Ai.feet of
sewaer rrsurn for 11 foot,Carriod tFoting aver
EaGag Bch&ShofrespGore,Nays h rm. tssent: /
.CecYesrW':8. Bu€lack:: s
BHIS,Presented ffor payment on motion Of Shake
siaeare,seconded by Bolag Atl Yo#frig aye �,.
.General FVnd
,R.on Zenishek(F❑} 4407
Ohill 56$
L#nn ounty Recorder 2 €,D
py'Oes Pe#ers pp J. F. HLADKY, III, in my presence, and by him sworn to before me at
ftrvan Ba1ag T86.p4 �°� 11
'€4ay Batty Fda a6
Vernon Cervenv 1864tS
Hbratd SttakesPeare 7 Cedar Rapids, Linn County, Iowa, on this . . . . . . . .day
dove Bullock 41,554 . . . . . .
Ranaid Staltman 415.514 of . ,D ce mber. ,A. D. 19. 87
Ruxssell ear�ler . . . . . . . . . . . . . . . . . . . ,
J'ae firoh�ra[er : - ...213m
G C t�lSt6icaus 27296
Gary 5taekfan 74244 Given under m hand and
0ahrilrorOverrtY Notarial Seal.
Jotrentfarover X4$96 y
F€ay J.Zamasti€ 26$®4 .
Wayne Jos:fek 733541
-Jerry Zeriksek 144 66
ftn aen sek 247 st! ublic in rl for Linn County Ran f7wsri 93 a6 '
tiara 5ltake5geare $� Iowa
�.Lay¢ECkharf '
,yam Aria ;�0� ern. . . . . . . . . . . . . . . . . . . . . . 19.
Mike,F#txfierty
'teen adenell " ' '
v€irne Falrlre
ichard;Schwertfevor Jr 7884
Craig lJlistai 17984. RAPIDS GAZETTE INC.
DQn Demerdlenaere. 121 22 �p
P,a Exlirre - y .
Do #ackfan k
Hlarotd Z
4'4wit1 .�, 98.28
P'avless.Gash MY 53Rd
Iowa"I Gas 3.89
P'OStrsta5ter ':
:, taws State Exterrsron -
1fW'w Grainger Ce..-- ,. S.ila
#a dhlsaaecarlOSkeleta€ 21.59 :
Win Robson 72781
sodttr Slope 557 39
liaMwo E 16 125.416!.
Iowa Elec 253.6
City of GR 1,26900...
.
barker Sdh tation. 1535
Martin Marietta -.
state tcatsGarOge 2d 72
State wrFh da
1PER - 4413
- Fedw/h&FtCA 256.7 :
East Ceritrdl Library 56.96
State Histor#cal Sac 2d.23
low�+a flt:Gas .. 13035
Cta114rerisPress 128.68
H Dolton Books
taw+aa's Best 19,3a
Chetsea House Puht 24195
Rouke Publrshrng 43T 98....
Baker&.7avlor
Limp to Sheriff Coref 351466
C R Gazette ... 8R 93
L, ncfR Dallas Sm i.th&Harmon 115 d3 -
B ue Cross
W'W Gfdinger Ca 3�
Howketie F€re Safety 135$
1 dd
C R Wie dif!4 ::
htld-Corjtinent 162.66
1L9nn CO'R EC 16.24
Satariec,. ....
RUT Fund 5d 91 .
I rpw'a I it
hteW Method Equip. 2597
5tairrn sfoot 41 3d
I owuar E tea 157.29
Ed%Feld EciviP :.
WATER.DePt 152:3
toava lit.Gas 15$38
Iowa Elec
Natotle Kick
40676
`Salaries' .25.92..
state,u1h 1x482; .
Fed wth
Alto 116JI Ited ..24446
SIEWER:pDeft :.
Grnineeele ..: 42886.
'. 124.35#'
54rlaw'ies.= 2.767.24-.
Id wa E lec --112 67
State veti� .. ;: 161 86
Fed er1b.&F.1 CA 737.53
CZ#1dS1i.R41CY1DN�PR6.IEC7S 145&46 .
gave Schmilf Const - 1454`4.72
C7avie Schmitt Const - !8 a74.85
94tober BrasConst 34237
81�Ft 6tet 2d9 64
Seater Prod 173 a5'
CrQwford Quarry 4579.
Star'"
5tee1 279.75
Gminer:Weld .. .. .. _
I
' rv,Fklll5GYf
srvrcr k�0k5SOCF ,2I'75
- 5o[d&e xYOrsa .T2?at
ka�rar�c 55X 39
1tS 'krC t25.p� i
273"R...of ...: 269
- . itafltln 1�G�QU '.
a AhtlrFin Marreffa - tZ:33r
aahfeofsaCa® !ft?ad p
St�fe WXha .7&.X2
kt 8e PiC1s, E.E 9��7
ErafCerdral�Ibrtliry w t5eE:6fi
sfrr�e(FrrSffPYrCnY:SO ^M 5F�i5fl
tdwci. lress .aa 2(x23
epEr�lre[rs PYess � f5
gat.0rx gana�� t2saa
kpW lip ge k 1452ff.
rrherse :putr� t43f�
"P Putllrshiatia 24r s5
�aCc�t&gay[at
€.krtrr
erk�3 CuSh �anf 35a��a
C FstY�tfe 893
Bkrieassl
on,
YtNttarmad ?76�
Uff lSt 6Ct5 iiz9er C� 5381E
era nkey>=r we 5 f�w UAW
OR
L{nn'Ga 1�EC .,.762Q
5GfkcFi�'� ..872:34
]uwa yak Gus 56 9t
trFYr5f pit4tariar �
Pceuuctt�c 4r36
E=d l�Ftrci E4S#i6r tSX45
�€t�TE?FE Oe�Y
�diYi� .r4g�
. Nr�fYf��e r61ck 31k
- St}1cttYFeS gtfGF
F vYh 174:4$2 4
h[ttLlnlrrtterC.a: 2 .
s�urfer� necr
SnufkC.Srtlpe #e, 78.5
Vs�1M arc rktaer 42 @t#
rds 276?
t [e[ 172X i
{i�SN�h Tlkt Br€
Ct3H5Tl�.1fGTkt7N9 �' t}��CT5
- C�irw!e-8[r5dk7ctP�teou�k _ t�"58.1wt
- C]m�5[fyCtllrif'GaalF _ r9,B9A,02
1lr1272e1"�YCS i.[stf'84 ttd 85
SNtrfer"�COCt 264(k0
tit'rrwifrtrd Quarry tX3"05
51irr I
r Sfeef 4529
airteriNelk 270J5
..:-
Fltai�F` Freter5 '� tt �we kp fht; rreW. CIfY
C119%tierhher:,,1 u55 t itskttb9( scgNYrr BrLrkrsCk,
kf14Yr��er�r�Y'e Lu�p'Wi �ecafaedcr.&-Keri Bd'rnei k,
GrfY'C(�Y6c,&hen� aYZ ait'(�taVar Petkrs ,'
1NW5�or° F'eteY�[nrarmya�ced:i�Gi`tk�next Cegrukur
crrun[�'&rrteef�t�vw�¢ire.Ituauur�7ff�;and-hlydg�t
G5;5L,rS$b� glf5!6,lrV1 GFk"91Y@iR,'fa PI$YP 46FlikiCrlrrr
krers :t fktcrf fart . -
lNeebi � rrdiatrrCV tln'arstilfnr� a# Bdla4 tlf 8.34}
PM .. ... ... &d:bti'6Yech.Garrre f.
Chokes!Vr Fefer9 hAalor
jrgin tf SoulraaPa Caf9_ kern