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Home My WebLink About09-25-2006 Council Minutes ...... . .......... AGENDA FAIRFAX CITY COUNCIL SPEC CIAL MEETING MONDAY, SEPTEMBER 25, 2006 AT 5:30 PM FAIRFAX CITY HALL—525 VANDERBILT STREET Tentative Agenda with possible action on the following items: 1. Call to Order/Roll Call 2. Approval of Agenda 3. Resolution setting public hearing on a loan agreement in a principal amount not to exceed $850,000 4. Discussion a. Opportunity for citizens not on agenda 5, Mayor Comments 6. Clerk Comments 7. Adjournment i I I i STATE OF IOWA Counties of Linn and Johnson ss. 1, Joe Hlad1cy, do state that I am the publisher of r 'v x � 111.E CxAZET'1'l , a daily newspaper of general circulation in Linn and Johnson Counties, in Iowa. aa�W arnsscaltedttrespecia4r�teetiig4asrder The notice, a printed Ctf''/4?f Wh1Cl]1S attached,was r�Prrv.Council merrt�lZers pre�ento de rieden Mag.rs �u €nwr€5ht. et,t sett. inserted and published in THE GAZETTE C)C�[�r5 frtesett# LerrX B rp�et rFanGx Fhckt�t n newspaper in the issues of October 7 2006. e '�mo�ed tax appro�e,[Ete a9end�seco�tded � � rx� �eKS r�olt�ati vote R�res,eee[ �€teden i kdrs� Uta€RUVF[ ht Tats tare 4ktsent- CvSGteef6lartrsd en 51'noak'10a 1f 't0w«g, 1064- The reasonable fee for publishing said notice is 4 ow..,FtS ecteption 5ecgndg[1 P Heer. �atk Cef€ rate:dues deer 1 rredefi Mayers, 18.3 5 ;t In-Wfi'Oht.Nam None,:4txe Scott.MOW c r[7ed WheF3Upon.the'W or &cNred the' sljf rrkd dulg:adotxiect:'€ suF€t4'wR Na.M06-77' SOLUTION TQ 5ET A QAT5 f4t'x9Wb M. A LOAN La>�CY f6W'+�i��l�€��1��ldS�o�d�t4t 5ei^vCce WOW. tS,�€TiSt Y4t�t#8%U�k'I€1b 7f�s�t�S[Se4€�i ttaeP7CuP9.yin`. ',�W11tlCtt�dY Y}EfolnBr'�, �. elder rains,wiere d€sdussed zhrr tzeirlg na turiher haslness deers radi°�rf~"�e�t at&' e°au': This instrument was acknowledged by Joe Hladky Ptra€a�atr8gtet Atf n fa nor,; tw1�r » ill.r r sT before me on October 112,2006. ozinre t rarrre city Clerk ly Notary Public in and fog:the Stat4 of Iowa A*�: a �4 SHARON K.KEYS COMMISSION NUMBER 708957 4 My CMMJSSION a�cy� CITY OF FAIRFAX SPECIAL COUNCIL MEETING MONDAY, SEPTEMBER 25, 2006 AT 5:30 PM Mayor Voss called the special meeting to order at 5:30 PM. Council members present: Beer, Frieden, Magers, Wainwright. Absent: Scott. Others present: Larry Burger,Nancy Flickinger Beer moved to approve the agenda, seconded by Magers. Roll call vote: Ayes: Beer, Frieden, Magers, Wainwright. Nays: None. Absent: Scott. Motion carried. Frieden introduced the following and moved its adoption, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Magers, Wainwright. Nays: None, Absent: Scott. Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution No. 2006-77 entitled, "A RESOLUTION TO SET A DATE FOR A PUBLIC HEARING ON A LOAN AGREEMENT IN A PRINCIPAL AMOUNT NOT TO EXCEED $850,000.00". Passed and approved this 25th day of September 2006. A discussion was held on the term of the loan. Larry Burger will draft optional debt service schedules for council review with a decision being made on the term at a special meeting on Monday, October 2, 2006. Sewer rates were discussed. There being no further business, Magers moved adjournment at 6:12 PM, seconded by Wainwright. All in favor. MAYOR: Bill Voss ATTEST: Connie Frame, City Clerk Fairfax/419915-9 1I"V GO UR LA MINUTES TO SET DATE FOR HEARING ON ENTERING INTO A LOAM" AGREEMENT 419915-9 (N/I) - GENERAL OBLIGATION Fairfax, Iona September 25„ 2006 The City Counc'1 of the ity of Fairfax, Iowa, met on September 25, 2006, at o'clock m., at the }� j , in. the City. The Mayor presided and the roll was called sioWing the followi g members ofthe Council present and absent: Present: CiAbsent: Council Member i' //'� introduced tlA resolution hereinafter next set out and moved its adoption, seconded by Council Member 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 foll.owing named Council:Members voted: Ayes: Nays: Whereupon, the Mayor,declared the resolution duly adopted as hereinafter set out: $ s a n a At the conclusion of the meeting, and upon motion and vote, the Council adj ourned. & Mayor Attest: City Clerk -1- DORSEY&:WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-9/1g% GO TJR LA RESOLUTION NO. JoNz-77 Resolution to fax a date for a public hearing on a loan agreement in a principal amount not to exceed $850,000 WHEREAS, the City of Fairfax, in the County of Linn, State of Iowa (the "City"), proposes to enter into a General Obligation Urban Renewal Land Acquisition Loan Agreement (the "Loan Agreement") in a principal amount not to exceed $8,50,000 pursuant to the provisions of Section 384.24A of the Code of Iowa for the purpose of planning, undertaking, and carrying out an urban renewal project within the Fairfax Urban Renewal Area, consisting of the acquisition of certain real property for the development and enhancement of city park and recreational facilities, and the City must institute proceedings to enter into the Loan Agreement for such purpose pursuant to Section 384.24(3)(q) of the Code of Iowa by causing a notice of such proposal to be published, including notice of the right to petition for an election as provided by Section 384.26 of the Code of Iowa; NOW, THEREFORE, Be It Resolved by the City Council of the City of Fairfax, Iowa, as follows: Ai n 1 This Council shall meet on the 11th day of October, 2006, at the in the City, at o'clock_j9 ..in., at which time and place a hearing 'ec' will�eheld. and proceedings will be instituted. aJd--, action taken to enter. bito 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 not less than 10 and not 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 MINES,IOWA Fairfax/419915-0"'/2 GO UR LA NOTICE OF PROPOSED ACTION TO INSTITUTE PROCEEDINGS TO ENTER INTO A LOAN AGREEMENT IN A PRINCIPAL AMOUNT NOT TO EXCEED $850,000 (GENERAL OBLIGATION): The City,)Cpuncill of the City of Fairfax, Iowa, will meet on the I Ith day of October, 2006, at the in the City, at o'clock O m., for the purpose of instituting proceed ng2s and taking action to enter into a loan agreeme Vt (the "Loan Agreement") in a principal amount not to exceed $850,000 for the purpose of paying the cost, to that extent, of planning, undertaking, and carrying out an urban, renewal project within the Fairfax, 'Urban Renewal Area, consisting of acquiring certain real property for the development and enhancement of city park and recreational facilities. The Loan Agreement is proposed to be entered into pursuant to authority contained in Section 384.24A of the Code of Iowa and will constitute a general obligation of the City. At any time before the aforementioned date fixed for taking action to enter into the Loan Agreement, a petition may be filed with the City Clerk of the City asking that the question of entering into the Loan Agreement be submitted to the registered voters of the City, pursuant to the provisions of Sections 384.24(3)(q) and 384.26 of the Code of Iowa. By order of the City Council of the City of Fairfax, Iowa, Connie Franic City Clerk -3- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax1419915-9116`%x GO UR LA Section 3. All resolutions or paps of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved September 25, 2006. Mayor Attest: City Clerk -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA FairfiYJ419915-91151%a 00 UR LA STATE OF IOWA. COUNTY OF LI.NN SS: CITY OF FA.IRFAX I, the undersigned, City Clerk of the aforementioned City, 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 an the Council's proposal to take action in connection with a loan agreement, as referred to therein. WITNESS MY HAS this J5 day of > 2006. City Clerk. -5- DORSEY&:WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-9/1"/2 GO UR LA STATE OF IOWA COUNTY OF LINN SS: CITY OF FAIRFAX 1, the undersigned City Clerk, do hereby certify that the aforementioned City is organized and operating under the provisions of Title IX of the Code of Iowa and not Under any special charter and that such City is operating under the Mayor-Council form of government and that there is not pending or threatened any question or litigation whatsoever touching the incorporation of the City, the inclusion of any territory within its limits or the incumbency in office of any of the officials hereinafter nam..ed. And I do further certify that the following muned parties are officials of the City as indicated: Mayor City Clerk Finance Administrator Council Member/Mayor Pro-Tern 0 Council Member Council Member Council Member Council Member N&E MY and the seal of the City hereto affixed this C WIT SS day of 2006. City Clerk i(Seal} -6- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-9/1�'/3 GO URLA ('LEASE NOTE; Do not date and. return this certificate until you have received the publisher's affidavit and have verified that the notice was published on the date indicated in the affidavit but please return all other completed pages to us as soon as they are available.) STATE OF IOWA COUNTY OF LINK SS: CITY OF FAIRFAX 1, the undersigned, City Clerk of the aforementioned City, do hereby certify that pursuant to the resolution of its Council fixing a date of meeting at which it is proposed to take action to enter into a loan 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 J 200 &A City Clerk (Attach here the publisher's original affidavit with clipping of the notice, as published.) -7- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA STATE OF IOWA Counties of Linn and Johnson ss. I, Joe Hladky, do state that I am the publisher of THE GAZETTE, a daily newspaper of general NOTICE OF P'ROPOSE'D ACTION circulation,in Linn and Johnson Counties, in Iowa. TO INSTITUTE PROCEEDINGS TO ENTER The y y INTO A LOAN AGREEMENT IN The notice, a printed copy of which is attached, Was A PRINCIPAL AMOUNT NOT inserted and published in THE GAZETTE TO EXCEED$830,000 p (GENERAL OBLIGATION) The City Council of the City of Fairfax, Iowa, newspaper in the issue(s) of September 29, 2006. will meet on the filth day of October,2006,at the Fairfax City Nall,in the City,at 7 o'clock p.m.,for the purpose of instituting proceedings and taking action to enter into a loan agree- ment (the "Loan Agreement') in a principal The reasonable fee for publishing said notice is amount not t4 exceed$850,600 for the purpose 17.36 o€paying the cost,to that extent,of Planning, undertaking, and carrying out an urban re- newat protect within the Fairfax Urban Re- newat Area,consisting of acquiring certain re- st property for the development and entrancement of city park and recreational fa- cliities, � j The Loan Agreement is proposed to be entered Into pursuant to authority contained ih Section 34.24A of the Code of Iowa and will constitute a general obligation of the City. At ap' time before the aforementioned date fixed for taking action to enter into the Loan Agreement, a Petition may be filed with the City Clerk of the City asking that the question of entering into the Loan Agreement be sub This instrument was acknowledged by Joe Hladky milted to the registered voters of the City,, Pursuant to'the provisions of Sections 364364.243)(g)and 384.26 of the Code of Iowa. before me on October 2. 200nf� 6. By order of the City Council of the City of Fairfax,Iowa. Connie Frame, City Clerk Published in the Cedar Rapids Gazette on September 29, 2006. o pry Public in and for the State cif Iowa :'F• {+' SHAF#ON K.KEYS COM MYSSI ON NUMBER 7080157 s MY COMM$SK)N EMF ES ow► :r