Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
10-25-2011 Council Meeting
Fairfax/419915-1712"d% Iss RESOLUTION AUTHORIZING ISSUANCE OF GENERAL OBLIGATION BONDS 419915-17 Fairfax,Iowa October 25„ 2011 - The City Council of the City of Fairfax, Iowa, met on October 25, 2011, at 6:00 o'clock p.m.,at the city hall, at 525 'Vanderbilt Street, Fairfax, Iowa. The meeting was called to order by the Mayor, and the roll was called showing the following Council Members present and absent: Present: JoAnn Beer Bernie Frieden Travis Otto and Marianne Wainwri ht Absent: Marc Ma ers.. The City Clerk reported that, on October 11, 2011, the City Council had approved the sale of the City's $2,260,000 General Obligation Bonds to Northland Securities, and that it was necessary that the Council take further action to authorize the issuance of those bonds. After due consideration and discussion, Council Member Frieden introduced the resolution next hereinafter set out and moved its adoption, seconded by Council Member Otto. The Mayor put the question upon the adoption of said resolution, and the roll being called, the following Council Members voted: Ayes: Beer, Frieden, Otto, and Wainwright Nays: None. Whereupon, the Mayor declared the resolution duly adopted as hereinafter set out. • • At the conclusion of the meeting, and upon motion and vote,the Council adjourned. Jason abe,Mayor Attest: J S Cyn,fhi Stimson, City Clerk/Treasurer -1- DORSEY WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-17/2"d'/z Iss RESOLUTION NO, 2011-75 RESOLUTION AUTHORIZING THE ISSUANCE OF $2,260,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 20111B,AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE SANTE WHEREAS, the City of Fairfax (the "City"), in Linn County, State of Iowa, has heretofore proposed to enter into a General Obligation Loan Agreement (the "Loan Agreement'") in a principal amount not to exceed $2,260,000 pursuant to the provisions of Section 384.2A of the Code of Iowa for the purpose of paying the costs, to that extent, of constructing water main improvements and developing and constructing the Fairfax Athletics and Park Complex, and has published notice of the proposed action and has held a hearing thereon; and WHEREAS, pursuant to advertisement of sale, bids for the purchase of $2,260,000 General Obligation Corporate Purpose Bonds, Series 20118 (the "Bonds") to be issued in evidence of the City's obligation under the Loan Agreement were received and canvassed on behalf of the City and the bid of Northland Securities, Minneapolis, MN (the "Purchaser"), was determined to be the best, such bid proposing the lowest interest cost to the City; and WHEREAS, it is now necessary to take final action for the issuance of the Bonds; NOW, THEREFORE, Be It Resolved by the City Council of the City of Fairfax, Iowa, as follows: Section 1. The Bonds are hereby authorized to be issued in evidence of the obligation of the City under the Loan Agreement, in the total aggregate principal amount of$2,260,000, to be dated November 10, 2011, in the denomination of $5,000 each, or any integral multiple thereof, maturing on June 1 in each of the years, in the respective principal amounts and bearing interest at the respective rates, as follows: Principal Interest Rate Principal Interest Rate Year Amount Per Annum Year Amount Per Annurn 2013 $175,000 2,00% 2019 $185,000 2.00% 2014 $175,000 2.00% 2020 $190,000 2.20% 2015 $175,000 2.00% 2021 $195,000 2.40% 2016 $175,000 2.00% 2022 $200,000 2.60% 2017 $18000 2.00% 2023 $210,000 2.80% 2018 $185,000 2.00% 2024 $215,000 3.00% Section 2. Bankers Trust Company, Des Moines, Iowa, is hereby designated as the Registrar and Paying Agent for the Bonds and may be hereinafter referred to as the "Registrar" or the "Paying Agent." The City shall enter into an agreement (the "Registrar/Paying Agent Agreement") with the Registrar, in substantially the form as has been placed on file with the Council; the Mayor and City Cleric are hereby authorized and directed to sign the -2- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax 1419915.1712id j/2 Iss Registrar/Paying Agent Agreement on behalf of the City, and the Registrar/Paying Agent Agreement is hereby approved, The City reserves the right to prepay part or all of the Bands maturing in each of the years 2020 through 2024, inclusive, prior to and in any order of maturity, on June 1, 2019, or on any date thereafter upon terms ofpar and accrued interest. If'less than all of the Bonds of any like maturity are to be redeemed, the particular part of those Bonds to be redeemed shall be selected by the Registrar by lot. The Bonds may be called in part in one or more units of$5,000. If less than the entire principal amount of any Bond in a denomination of more than $5,000 is to be redeemed, the Registrar will issue and deliver to the registered owner thereof, upon surrender of such original Bond, a new Bond or Bonds, in any authorized denomination, in a total aggregate principal amount equal to the unredeemed balance of the original Bond. Notice of such redemption as aforesaid identifying the Bond or Bonds (or portion thereof) to be redeemed shall be sent by electronic means or mailed by certified mail to the registered owners thereof at the addresses shown on the City's registration books not less than 30 days prior to such redemption date. All of such Bonds as to which the City reserves and exercises the right of redemption and as to which notice as aforesaid shall have been given and for the redemption of which funds are duly provided, shall cease to bear interest on the redemption date. Accrued interest on the Bonds shall be payable semiannually on the first day of June and December in each year, commencing June 1, 2012, Interest shall be calculated on the basis of'a 360-day year comprised of twelve 30-day months. Payment of interest on the Bonds shall be made to the registered owners appearing on the registration books of the City at the close of business on the fifteenth day of the month next preceding the interest payment date and shall be paid to the registered owners at the addresses shown on such registration books. Principal of the Bonds shall be payable in lawful money of the United States of America to the registered owners or their legal representatives upon presentation and surrender of the Bond or Bonds at the office of the Paying Agent. The Bonds shall be executed on behalf of the City with the official manual or facsimile signature of the Mayor and attested with the official manual or facsimile signature of the City Clerk, and shall be fully registered Bonds without interest coupons. In case any-officer whose signature or the facsimile of whose signature appears on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The Bonds shall not be valid or become obligatory for any purpose until the Certificate of Authentication thereon shall have been signed by the Registrar, The Bonds shall be fully registered as to principal and interest in the name of the owners on the registration books of the City kept by the Registrar, and after such registration, payment of the principal thereof and interest thereon shall be made only to the registered owners or their legal representatives or assigns, Each Bond shall be transferable only upon the registration books of the City upon presentation to the Registrar, together with either a written instrument of -3- DORSEY WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-1712Id transfer satisfactory to the Registrar or the assignment form thereon completed and duty executed by the registered owner or the duly authorized attorney for such registered owner. The record and identity of the owners of the Bonds shall be kept confidential as provided by Section 22.7 of the Code of Iowa. Section 3. Notwithstanding anything above to the contrary, the Bonds shall be issued initially as Depository Bonds, with one fully registered Bond for each maturity date, in principal amounts equal to the amount of principal maturing on each such date, and registered in the name of Cede & Co., as nominee for The Depository Trust Company,New York,New York ("DTC'). On original issue, the Bonds shall be deposited with DTC for the purpose of maintaining a book- entry system for recording the ownership interests of its participants and the transfer of those interests among its participants (the "Participants"). In the event that DTC determines not to continue to act as securities depository for the Bonds or the City determines not to continue the book-entry system for recording ownership interests in the Bonds with DTC, the City will discontinue the book-entry system with DTC. If the City does not select another qualified securities depository to replace DTC (or a successor depository) in order to continue a book- entry system, the City will register and deliver replacement Bonds in the form of fully registered certificates, in authorized denominations of$5,000 or integral multiples of$5,000, in accordance with instructions from Cede & Co., as nominee for DTC. In the event that the City identifies a qualified securities depository to replace DTC, the City will register and deliver replacement Bonds, fully registered in the name of such depository, or its nominee, in the denominations as set forth above, as reduced from time to time prior to maturity in connection with redemptions or retirements by call or payment, and in such event, such depository will then maintain the book- entry system for recording ownership interests in the Bonds. Ownership interests in the Bonds may be purchased by or through Participants. Such Participants and the persons for whom they acquire interests in the Bonds as nominees will not receive certificated Bonds, but each such Participant will receive a credit balance in the records of DTC in the amount of such. Participant's interest in the Bonds, which will be confirmed in accordance with DTC's standard"procedures. Each such person for which a Participant has an interest in the Bonds, as nominee, may desire to make arrangements with such Participant to have all notices of redemption or other communications of the City to DTC, which may affect such person, forwarded in writing by such Participant and to have notification made of all interest payments. The City will have no responsibility or obligation to such Participants or the persons for whom they act as nominees with respect to payment to or providing of notice for such Participants or the persons for whom they act as nominees. As used herein, the term "Beneficial Owner" shall hereinafter be deemed to include the person for whom the Participant acquires an interest in the Bonds. DTC will receive payments from the City, to be remitted by DTC to the Participants for subsequent disbursement to the Beneficial Owners. The ownership interest of each Beneficial Owner in the Bonds will be recorded on the records of the Participants whose ownership interest will be recorded on a computerized book-entry system kept by DTC. -4- DORSEY cYc WHITNEY LLP,ATTORNEYS,DES MO,INES,IOWA Fairfax/419915-1712"d% Iss When reference is made to any action which is required or permitted to be taken by the Beneficial Owners, such reference shall only relate to those permitted to act (by statute, regulation or otherwise) on behalf of such Beneficial Owners for such purposes. When notices are given, they shall be sent by the City to DTC, and DTC shall forward (or cause to be forwarded) the notices to the Participants so that the Participants can forward the same to the Beneficial Owners. Beneficial Owners will receive written confirmations of their purchases from the Participants acting on behalf of the Beneficial Owners detailing the terms of the Bonds acquired. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and the Participants who act on behalf of the Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interest in the Bonds, except as specifically provided herein. Interest and principal will be paid when due by the City to DTC, then paid by DTC to the Participants and thereafter paid by the Participants to the Beneficial Owners. Section 4. The Bonds shall be in substantially the following form: -5- DORSEY WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax t 419915-1712" V, Iss (Form.of Bond) UNITED STATES OF AMERICA STATE OF IOWA LINN COUNTY CITY OF FAIRFAX GENERAL OBLIGATION CORPORATE PURPOSE BOND, SERIES 2011B No. $ RATE MATURITY DATE DATE CUSIP % June 1, November 10�, 2011 303898 The City of Fairfax (the "City"), in Linn County, State of Iowa, for value received, promises to pay on the maturity date of this Bond to Cede & Co. New York,NY or registered assigns,the principal sum of THOUSAND DOLLARS in lawful money of the United'States of America upon presentation and surrender of this Bond at the office of Bankers Trust Company, Des Moines, Iowa (hereinafter referred to as the "'Registrar" or the "Paying Agent"), with interest on said sum, until paid, at the rate per annum specified above, from the date of this Bond, or from the most recent interest payment date on which interest has been paid, on~lune 1 and December 1 of each year,commencing June 1, 2012, except as the provisions hereinafter set forth with respect to redemption prior to maturity may be or become applicable hereto. Interest on this Bond is payable to the registered owner appearing on the registration books of the City at the close of business on the fifteenth day of the month next preceding the interest payment date, and shall be paid to the registered owner at the address shown on such registration books. Interest shall be calculated on the basis of a•360-day year comprised of twelve 30-day months. This Bond shall not be valid or become obligatory for any purpose until the Certificate of Authentication hereon shall have been signed by the Registrar. This Bond is one of a series of General Obligation Corporate Purpose Bonds, Series 2011B (the "Bonds") issued by the City in the aggregate principal amount of $2,260,000, to evidence its obligation under a certain loan agreement, dated as of November 10, 2011 (the `'Loan Agreement"), entered into by the City for the purpose of paying the cost, to that extent, of constructing water main improvements and developing and constructing the Fairfax Athletics and Park Complex, -6- DORSE ro'&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/4I9915-17 121d'/z I55 The Bonds are issued pursuant to and in strict compliance with the provisions of Chapters 76 and 384 of the Code of Iowa, 2011, and all other laws amendatory thereof and supplemental thereto, and in conformity with a resolution of the City Council adopted and approved on October 25, 2011, authorizing and approving the Doan Agreement and providing for the issuance and securing the payment of the Bonds (the "Resolution"), and reference is hereby made to the Resolution and the Doan Agreement for a more complete statement as to the source of payment of the Bonds and the rights of the owners of the Bonds. The City reserves the right to prepay part or all of the principal of the Bonds maturing in each of the years 2020 through 2:024, inclusive, prior to and in any order of maturity, on June 1, 2019, or on any date thereafter upon terms of par and accrued interest. If less than all of the Bonds of any like maturity are to be redeemed, the particular part of those Bonds to be redeemed shall be selected by the Registrar:by lot. The Bonds may be called in part in one or more units of$5,000. If less than the entire principal amount of any Bond in a denomination of more than $5,000 is to be redeemed, the Registrar will issue and deliver to the registered owner thereof, upon surrender of such original Bond, a new Bond or Bonds, in any authorized denomination, in a total aggregate principal amount equal to the unredeemed balance of the original Bond. Notice of such redemption as aforesaid identifying the Bond or Bonds dor portion thereof) to be redeemed shall be sent by electronic means or mailed by certified mail to the registered owners thereof at the addresses shown on the City's registration books not less than 30 days prior to such redemption date. All of such Bonds as to which the City reserves and exercises the right of redemption and as to which notice as aforesaid shall have been given and for the redemption of which funds are duly provided, shall cease to bear interest on the redemption date, This Bond is fully negotiable but shall be fully registered) as to both principal and interest in the name of the owner on the books of the City in the office of the Registrar, after which no transfer shall be valid unless made on said books and then only upon presentation of this Bond to the Registrar, together with either a written instrument of transfer satisfactory to the Registrar or the assignment form hereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner, The City, the Registrar and the Paying Agent may deem and treat the registered owner hereof as the absolute owner for the purpose of receiving payment of or on account of principal hereof, premium, if any, and interest due hereon and for all other purposes, and the City, the Registrar and the Paying Agent shall not be affected by any notice to the contrary. And It Is Hereby Certified and Recited that all acts, conditions and things required by the laws and Constitution of the State of Iowa, to exist, to be had, to be done or to'be performed precedent to and in the issue of this Bond were and have been properly existent, had, done and performed in regular and due form and time; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the City for the payment of the principal of and interest on this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the City are irrevocably pledged for the prompt payment hereof, both principal and interest, and that the total _7_ DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-17/2""'/, Iss indebtedness of the City, including this Bond, does not exceed any constitutional or statutory limitations. IN TESTIMONY WHEREOF, the City of Fairfax, Iowa, by its City Council, has caused this Bond to be executed with the duly authorized facsimile signature of its Mayor and attested with the duly authorized facsimile signature of its City Clerk, as of November 10, 2011. CITY OF FAIRFAX, IOWA By(DO NOT SIGN)__ Mayor _ Attest: (DO NOT SIGN) City Clerk Registration Date: (Registration Date) REGISTRARS CERTIFICATE OF AUTHENTICATION This Bond is one of the Blonds described in the within-mentioned Resolution. BANKERS TRUST COMPANY Des Moines, Iowa Registrar By Authorized Signature) ..g. DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-17 2nd'12 Iss ABBREVIATIONS The following abbreviations, when used in this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common UTMA TEN ENT - as tenants by the entireties (Custodian) JT TEN - as joint tenants with right of As Custodian for survivorship and not as (Minor) tenants in common under Uniform Transfers to Minors Act . (State) Additional abbreviations may also be used though not in the list above. ASSIGNMENT For valuable consideration, receipt of which is hereby acknowledged, the undersigned assigns this Bond to (Please print or type name and address of Assignee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE and does hereby irrevocably appoint , Attorney, to transfer this Bond on the books kept for registration thereof with full power of substitution. Dated: 'Signature guaranteed: (Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signatures to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program.) NOTICE, The signature to this Assignment must correspond With the name of the registered owner as it appears on this Bond in every particular, without alteration or enlargement or any change Whatever. -9- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax 1419915-1712°d V. Iss Section 5. The Bonds shall be executed as herein provided as soon after the adoption of this resolution as may be possible, and thereupon they shall be delivered to the Registrar for registration, authentication and delivery to or on behalf of the Purchaser, upon receipt of the loan proceeds, and all action heretofore taken in connection with the Loan Agreement is hereby ratified and confirmed in all respects. Section 6. For the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the principal of and interest on the Bonds as the same become due, there is hereby ordered levied on all the taxable property in the City in each of the years while the Bonds are outstanding, a tax sufficient for that purpose, and in furtherance of this provision, but not in limitation thereof, there is hereby levied on all the taxable property in the City the following direct annual tax for collection in each of the following fiscal years, to-wit: For collection in the fiscal year beginning July 1, 2012, sufficient to produce the net annual sum of$2.26,390; For collection in the fiscal year beginning July 1, 2013, sufficient to produce the net annual sum of$22 ,$90; For collection in the fiscal year beginning July 1, 2014, sufficient to produce the net annual sum of$219,390; For collection in the fiscal year beginning July 1, 2015, sufficient to produce the net annual sum of$215,'890; For collection in the fiscal year beginning July 1, 2016, sufficient to produce the net annual sum of$217,390; For collection in the fiscal year beginning July 1, 2017, sufficient to produce the net annual sum of$218,790; For collection in the fiscal year beginning July 1, 2018, sufficient to produce the net annual sum of$215,090; For collection in the fiscal year beginning July 1, 2019, sufficient to prod-Lice the net annual sum of$216,390; For collection in the fiscal year beginning July 1, 2020, sufficient to produce the net annual sum of$217',210; For collection in the fiscal year beginning July 1, 2021, sufficient to produce the net annual sum of$217,530; For collection in the fiscal year beginning July 1, 2022, sufficient to produce the net annual sum of$222,330; For collection in the fiscal year beginning July 1, 2023, sufficient to produce the net annual sum of$221,450, -10- DORSEY&WVHITNEY LLP,ATTORNEYS,DPS MOINES,IOWA Fairfax/419915-17/2'N, Tss Section 7. A certified copy of this resolution shall be filed with the County Auditor of Linn County, and the County Auditor is hereby instructed to enter for collection and assess the tax hereby authorized. When annually entering such taxes for collection, the County Auditor shall include the same as a part of the tax levy for Debt Service Fund purposes of the City and when collected, the proceeds of the taxes shall be converted into the Debt Service Fund of the City and set aside therein as a special account to be used solely and only for the payment of the principal of and interest on the Bonds hereby authorized and for no other purpose whatsoever. Any amount received by the City as accrued interest on the Bonds shall be deposited into such special account and used to pay interest due on the Bonds on the first interest payment date. Section 8. The interest or principal and both of them falling due in any year or years shall, if necessary, be paid promptly from current funds on hand in advance of taxes levied and when the taxes shall have been collected, reimbursement shall be made to such current funds in the sum thus advanced, The City hereby pledges the faith, credit, revenues and resources and all of the real .and personal property of the City for the full and prompt payment of the principal of and interest on the Bonds. Section 9, It is the intention of the City that interest on the Bonds be and remain excluded from gross income for federal income tax purposes 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 the applicable future laws,regulations,published rulings and court decisions as may be necessary to insure that the interest on the Bonds will remain excluded from gross income for federal income tax purposes. 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 Bonds as "Qualified 'Tax Exempt Obligations" as that term is used in Section 265(b)(3)�(B) of the Internal Revenue Code. Section 10. The Securities and Exchange Commission (the "SEC") has promulgated certain amendments to Rule 15c2-12 under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12) (the "Rule") that make it unlawful for an underwriter to participate in the primary offering of municipal securities in a principal amount of $1,000,000 or more unless, before submitting a bid or entering into a purchase contract for such securities, an underwriter has reasonably determined that the issuer or an obligated person has undertaken in writing for the benefit of the holders of such securities to provide certain disclosure information to prescribed information repositories on a continuing basis so long as such securities are outstanding. On the date of issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Certificate pursuant to which the City will undertake to comply with the -11- DORSEY his WHITNEY LLP,ATTORNEYS,DES MOMS,IOWA Fairfax/419965-17 2"d'/] Iss Rule. The City covenants and agrees that it will comply with and carry out the provisions of the Continuing Disclosure Certificate. 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 Rule and the Continuing Disclosure Certificate. Section 11. All resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved October 25, 2011. J` , Jason abe,Mayor Attest: Cynthia Stimson, City ClerldTreasurer -12- DORSEY&,WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax 1419915.17/2 Id V Iss STATE OF IOWA COUNTY OF LINN SS: CITY OF FAIRFAX I, the undersigned, City Clerk of the City of Fairfax, do hereby certify that as such City Clerk I have in my possession or have access to the complete corporate records of the City and of its Council and officers and that I have carefully compared the transcript hereto attached with those corporate records and that the transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of a resolution providing for the issuance of$2,260,000 General Obligation Corporate Purpose Bonds, Series 2011B, of the City evidencing the City's obligation under the Loan Agreement and that the transcript hereto attached contains a true, correct and complete statement of all the measures adopted and proceedings, acts and things had,done and performed up to the present time with respect thereto. I further certify that no appeal has been taken to the District Court from the decision of the City Council to enter into the Loan Agreement, to issue the Bonds or to levy taxes to pay the principal of and interest on the Bonds, WITNESS MY HAND this 26#x'day of October, 2011, LIZ -,ZV Cy is Stimson, City Clerk/Treasurer -13- DORSEY&WH"BY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax l419915-1'7/2"a'/z Iss STATE OF IOWA SS: COUNTY OF LINN I, the undersigned, County Auditor of Linn County, in the State of Iowa, do hereby certify that on the me - day of Cc --c,V,L a- , 2011, the City Clerk of the City of Fairfax filed in my office a certified copy of a resolution of such City shown to have been adopted by the City Council and approved by the Mayor thereof on October 25, 2011, entitled.: "`Resolution authorizing the issuance of $2,260,000 General Obligation Corporate Purpose Bonds, Series 201113, and providing for the levy of taxes to pay the same" and that I have duly placed the copy of the resolution on file in my records. I further certify that the taxes provided for in that resolution will in due time, manner and season be entered on the State and County tax lists of this County for collection in the fiscal year beginning July 1,2012, and subsequent years as provided in the resolution. WITNESS MY HALAL}this day of L` C k& 11C�;,. . , 201 P�I ty Audi or I s L i I. -14- DORSEY WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA ; i Uo let €' J (Jcell #if' ¢ ,- w�en✓ �" Ike 3 • u, ...m�.-d-,...:.u,•,,.»„«.::,. __.am. �1 .,.......:.-.:».._ --._.u««,,.,:..........»,�..-.. --.�_..:..,.,»« ,..,,.-.,�..m,.m..._.m•m...�..,.....M:..,�.,«.,« _""®..�,..��:®�.:...,�.,, ���..-,.>-�..a .«.:»::..»«--..-.-:���„a..�„�.�.........:....::.........»,:,.�,-...,:«..»-:�-�-...,,e.,.�e._.--.._.,.».:».«:-,.,..«...�...A. :.:.v.... -...�._......,...,:,.m..mm.:.:�,.:�-,:�.�•y ...a.v...,._.:...«,».,«««,.-..-,..._.w�•.s�a�--..«..._:.:..:...«.-.._.w.., ®.�,.....�._.......,:,:»........_...«._,,..e .:......•«.«,«::«.�,h,..., ��...�,.,�......,.,,. ,....�..a,..,®,..m...w�..M.«..»««....,...,.m.d...,m..�.me..�m._....«..,«..:�«�:.,r-,d.-..m•,..�.e.,�.••.�.�Y,_.:.««:....:. 3 ..«..e.., ,:...--....�:..-..e.....�� �.«...........e,.,�,,,��_..,_. «:...,««..«.»..... .,...,����,n...-.-....,,...._�,..e,..�.d�,._.....,��,:..:, .�.e,,,,...e..b.�:.�..,..,.,....�.«,.�, ...._.�,.�..g,ma....m:.._.:..•.«..:«»..-.v_..�.,�„mm..__._...»,»..w.«.,«,«•„�,..-.�-,.��,�...,....®., _..u�.....««.,»�,.,«:..,.....-.�.q I ` s o 7: 1 � Fairfax Planning and Zoning Commission Regular Meeting Minutes October I8th, 2011 Chairman Kell called the imeeting to order at 7:05pm. Members present: Kell, Kunze, Nurre, Sobaski and Soukup. Absent: Boxa and (Meyers. Motion to approve minutes from September 20th, 2011 was motioned by Kunze and seconded by Sobaski.. All ayes. Motion carried. Discussion was held of rescheduling the commission's end of year meetings. It was decided that the meetings will be held as scheduled for the remainder of the year. Discussion was held regarding the property at 100 Wes,t Cemetery Road to try and determine the front, slides and back property lines of the land. It was determined that in the boards opinion at this time, the front of the property line would be the south side of the lot. There was question about some inconsistencies between the city zoning map and the aerial view map. There was no discussion held of the city's comprehensive plan. Citizens present were Gordon Sevig and Bob Moenk with inquiries regarding restruction of previous zoining requests. They were directed to speak with city clerk Cynthia Stimson. Motion to adjourn by Nurre and seconded by Soukup„ All ayes. Motion carried. Chairman Keil adjourned the meeting at 8:07pm. Annie Sobaski Acting Secretary City of Fairfax From: Shane Wicks [chane@halleng.com] Sent: Friday, October 14, 2011 1:11 PM To: City of Fairfax Cc: Kathy Everett, Subject: 100 W. Cemetery Road Attachments: Zoning Map,pdf; Setback Exhibits.pdf; Zoning Limits - 100 W. Cemetery Road.pdf Cynthia, I have attached two exhibits for the P&Z,. The first is just the zoning map with the property in question highlighted, The second is two sheets,each sheet with a different.Yard Setback scenario (one with the front yard/ rear yard at the north and south ends of the lot,the second with the front yard/rear yard at the east and west ends of the lot. Because this is a "flag" lot, and it could possibly be considered either way, I would like the P&Z to consider this item and make a recommendation to the council'. Other items related to this property that need to be addressed, but not at the upcoming P&Z meeting: --- Annexation Process: Don Murphy is planning to recommend to the Bank to work with the farmer (Boland)to have the entire parcel (10+1- acres) annexed to the City. Can you get Don the Annexation submittal requirements and a schedule for the Annexation submittal process? --- The Bank will likely need a Plat of Survey to split the ag. property to the north so it can add a portion of the ag property to the property at 100 W, Cemetery Road to bring it into compliance with the current zoning code: This is why Don needs to know what the setbacks will be so he can determine how much property needs to be split. Can you get Don any requirements for a Plat of Survey submittal and a schedule for a Plat of Survey submittal process? --- We will likely need to Rezone the parcel that will be added to the property at 100 W. Cemetery Road(I believe current Code has all property annexed coming in as ag.) Can you get Don the Rezoning submittal requirements and a schedule for the Rezoning submittal process? Some or all of this may be able to go simultaneously. Also,,l have tached the"zoning exhibit"that Don had found and sent to me that split the zoning for the property at 100 W. m ery Road. l do not know if this is the officiall document that split the zoning of this parcel. Could you or Kathy check ur files to see if you have any documentation that establishes the boundary of the two different zonings on thi p rcel. In talking with hick and Marianne Wainwright,the think this likely took place in the mid 90's,and Marianne s me to retail the Ms. Shakespeare had done this rezoning when she was on the City Council. Thank you for your help, Shane Linn County Assessor- General Parcel Info Page I of 3 Linn County Assessor == General Information Pin: 20092-76002-00000 Deed: Contract: SHAKESPEARE ALISA A & MICHAEL D MC DOWELL Property 100 WEST CEMETERY (ROAD Address: FAIRFAX Class: Commercial Map Area: Fairfax City C&I Plat Map: 2 - SE NW 9-82-8 N41 USE SE NW-EX W508.73' E600' 5230' & EX W60' 5244' & EX BENTON JONES& E66' Legal: S250.15' SE NW-EX RD Section, Township, Range, 9 82 8 Lot, and Block Tax District 032 Homestead No Military Q Current Value Information Land Value Dwelling Value Improvement Value Total Value 42,937 0 240,921 283,858 Prior Year Value Information Year Land Value ©welling Value (Improvement Value Total Value 2011 42,937 0 240,921 283,858 2010 42,937 0 240,921 283,858 Commercial Building Information Building or Addition Occupancy Year Built Building/Addition Area Building 613 Metal Retail Store - Pole Frame 1995 2,250 Yard Extra Information Description Item Count Year Buillt. Garage 1 1995 Sheds 1 1995 http:/Minn.iowaassessors.com/parcel-pf.php?gid=137443 10/25/2011 Linn County Assessor - General Parcel Info Page of 3 Sleds 1 1995 F"awing 1 1995 Land Information Lot Basis Square Feet Acres Acres x Rate 147,233 3.38 Sale Information Salle Date Amount NUTC Recording 9/2011995 0 038 No Consideration 32331350 112711993 25,000 000 Normal Armes-Length Transaction 3067/153 Tax History Information Tax:Year Assessed Value Taxabl'e'iJalue Gross Tax Net Tax 2010 283,858 283,858 9,185 9,186 2009 283,858 283„858 9,330 9,330 2008 258,053 258,053 8,601 8,602 2007 258,053 257,359 8,649 8,650 2006 234,593 234,593 7,637 7,638 Sketch GPN: T ; 20092-76001-00000 HED Y1 ' EA ---_- ----------- _ S --- ' BLDG Y rJ- I , Y3 ' ❑SHED i PAV'G I ' f!RLPERTY LINE I r-----------I , GPM: I GPN: I GPN: I GPM I 211l 20052- 20032• 20092- 760015-1 76005- I 76004• I 76009• I 000010; 00000 00000 00000 I I I I I I WEST CEMETERY ROAD http.//Linn.iowaassessors.com/parcel-pf.php?gid=137443 10/25,/2011 Linn County Assessor - General Parcel Info Page 3 of 3 Photos F ttp:/Minn.iowaassessors.com/parcel-pfphp?gid=137443 10/25/2011 October, 2011 - New Project Ideas for the Capital Improvement Project (CIP) List (Street Projects) Fairfax Road (North End to south of Linin Street) $520,000.00 Linin'Street $1,250,000.00 Vanderbilt Street (Linn Street to Church Street) $400,000.00 Church Street (Hwy 151 to east of Vanderbilt Street) $550,000.00 Street Scape (Church Street to Railroad Street)**** $125,000.00 (Drainage Projects) Fairfax Road/ Union Pacific Railroad $500,000.00 Church Street/Hwy 151 $400,000.00 Siepman Street $80,000.00 (Sanitary Sewer Projects) Sanitary Sewer Line Inspection/Video .++ $15,000.00 Miscellaneous Sanitary Sewer Extension +++ $50,000.00 (Water Main Projects) Maintenance on the Existing Water Tower ... $10,000.00 Miscellaneous Water Main Extension .++ $50,000.00 (Park,/Recreation Projects) Trail)from S. Front Street to Railroad Street $250,000.00 Trail from Railroad Street to Church Street**** $125,000.00 Splash Pad (Murphy Property) Splash Pad (Hawks Ridge Park) Basketball Courts (Murphy Property) Basketball Courts (Hawks Ridge Park) Tennis Courts (Miscellaneous) GIS $20,000.00 ***'* Projects Completed Together +++ ,annually Funded City of Fairfax From: Randy Scholer[rscholer@simmonsperrine.com] :Sent: Tuesday, October 18, 2011 4:51 PM To: 'City of Fairfax' Cc: Dick Ransom Subject: Waste Water Treatment Facility Issues [SPMB-SPIMI3.17I1311842] Cynthia„ I had a good conversation with Dick Ransom today regarding the waste water treatment tactility issues. He indicated: 1. EDIsaid they will be out there the first week of November to take care of the issue (confirmed what Shane indicated in his email of last Friday); 2. He is very confident the issue will be fixed) (Shane outlined the fix in his email); and 3. The fix will not cost the City, as those involved will deicide how to cover the costs. With that, it appears they have a remediation plan in place. I don't know that there is much more an attorney can do at this time. I assume the city wants to hold off on getting an attorney involved, unless the work either isn't timely performed or doesn'tfix the problem. If an attorney needs to get involved, we will need to address conflict of interest issues as, I believe„we have previously done work for the general contractor and Hall and Hall. I am copying Dick on this email so he can Ilet us know if I misstated our conversation. Let's hope this is soon resolved. If Jason or you have any questions or you would like to further address these issues, please call.We will assume that no news is good news and will not do anything further until we hear from you. Hope all else is well with the city. Randy Randal L'Scholer Simmons Perrine Moyer Bergman PLC 115 Third Street SE,Suite 1200 Cedar Rapids,Iowa 52401-1266 Telephone: (319)366-7641 Ext.254 Direct Line.: (319)896-4054 Facsimile.: (319)366-1917 E-mail: rscholer@SimmonsPerrine.com Website:www.SimmonsPerrine.com Bio:www.SitnmonsPerrine.com/R Scholer.htm This message is intended only for the use of the person to whom it is addressed and may contain information that is confidential and subject to the attorney-client privilege. It should not be forwarded to anyone else without the consent of the sender. If you received this message and are not the intended recipient, you have received this message in error, Please inotify the person sending the message and destroy your copy and attachments. Since email messages sent between you and,Simmons Perrine Moyer Bergman PLC, and its employees are sent over the Internet, Simmons Perrine Moyer Bergman PLC, cannot assure that such messages are secure. You shouild therefore be careful in transmitting information to Simmons Perrine Moyer Bergman PLC, that you consider confidential. If you are uncomfortable with such risks, you may decide not to use email to communicate with Simmons Perrine Moyer Bergman PLC. To comply with U.S. Treasury Department regulations, we also inform you that any U.S. federal tax advice contained in his email, including attachments, is not intended to be used, and cannot be used, by any person for the purposes of(1) avoiding, penalties that may be imposed by the Internal Revenue Service or(21) promoting, marketing, or recommending to anotherparty any transaction or matter addressed herein. Thank you. 1 City of Fairfax From: Box, Tim [Tim.Brax@linncounty.org] Sent: Friday, October 21, 2011 10:21 AM To: City of Alburnett; City of Cedar Rapids; City of Center Point; City of Central City; City of Coggon; City of!Ely; City of Fairfax; City of Hiawatha; City of Lisbon; City of Marion; City of Mt Vernon; City of Palo; City of Prairieburg; City of Robins; City of Springville; City of Walford; City of Waller Subject: absentee ballots now available Attachments: Press Release City&Special_baIlots available,doo City Clerks, Hello. T!he attached press release is going out today. We received ballots mlid-week and were able to get all the absentee requests that were processed up to that point mailed out at the end of the day yesterday (Thursday the 20th). Ballotsshould start arriving at the homes of those who requested them this weekend. Moving forward, ballots will be mailed on a daily basis as requests are processed. Also, our office is now open for in-person absentee voting. Please let me know if you have any questions or concerns. Tim Box Deputy Commissioner of Elections tim.boxlinncounty.org 319-892-5313 Go to: www.linncountyelections.or Your Portal to the World of Elections? t FOR IMMEDIATE RELEASE October 21, 2011 CONTACT: Tarin Box Deputy Commissioner of Elections (319) 892-5313 ti:m.box linncount .or Absentee Ballots Now Available for Regular City Elections and State Special Election (CEDAR RAPIDS,IA–October 2]1,.2011)—Absentee ballots for the November 8, 2011 Regular City Elections and the State Senate Special Election are available now in the Linn County Elections Office at Linn County West,2500 Edgewood Rd. SW.Office hours for absentee voting are Monday through Friday Sam to Spm. The Elections Office will also be open for voting on Saturday,November 5 from Sam to 5pm. Elections Web Portal Go to www.linncountyelections.org for access to all election-related information for Linn County. The following can be viewed or downloaded from the"Election Now"website(linncountyelections,org/novwr): • Absentee Ballot Request,forms • Voter Registration forms 0 Candidate Lists + Sample Ballots • Polling Locations • Election Day Information CitV Elections Administered b Limn County Alburnett Ely Palo Bertram Fairfax Prairicbur Cedar Rapids Hiawatha Robins Center Point Lisbon Springville Central Ci Marion Walford in Linn County) Coggon Mount Vernon Walker - more - Dates &Deadlines Event 1 Deadline City Dates State Dates Last Day to Pre-Re ister to Vote Friday,Oct.28 Friday,Oct 28 Last D4y to Request an Absentee be Mailed Frida ,Nov 4 Friday,Nov 4 Auditor's Office Open(8am-5 m)(due to Senate Race) Saturday,Nov 5 Saturday,Nov 5 Last Day to Vote Absentee at Elections Office Monda Nov 7 Monda ,Nov 7 ELECTION DAY Tuesday,Nov 8 Tuesda ,Nov 8 Canvass of Votes for Senate Race and Cedar Rapids Thursday,Nov 10 Thursday,Nov 10 Veteran's Day Holiday-Offices Closed Friday, Nov 11 Friday, Nov 11 Last Da to Request a Recount Senate Race&CR Monday,Nov 14 Monday,Nov 14 Canvass of Votes for Remainder of Cities Tuesday,Nov 15 n/a Last Day to Request a Recount(Remaining Cities) Friday,Nov 18 n/a Last Day to Contest the Election Cities Friday,Nov 1.8 n/a State Canvass of Votes(Senate Race) n/a TBD(mid-Nov) Lust Day to Contest the Election Senate Race n/a TBD(early-Dee) Contested Races -State Senate District 18 Hiawatha Mayor Mount Vernon Mayor Cedar Rapids Council At Large Lisbon Mayor Mount Vernon Council Member Cedar Rapids Council District 2 Lisbon Council Member Palo Mayor Cedar Rapids Council District 4 Marion Mayor Palo Council Member Co on Council Member Marion Council at Large Prairieburg Council Member -Ely Mayor Marion Council Ward 1 Robins Council Member Fairfax Council Member Marian Council Ward 3 Walford Council Member Public Measures City of Coggon-Increase number of Trustees City of Marion-Increase number of Trustees to Electric Power&UgM System to Water Board • All the above Public Measures require a simple majority to pass.. Mediacom October 20, 2011 Ms. Cynthia Stimson City of Fairfax PO 18ox 337 Fairfax, Iowa 52228-0337 Dear Ms. Stimson Effective November 21, 2011, Mediacom will no longer be offering the Digital Plus tier and Sports Pak tier to new customers, Current Digital Plus and Sports Pak customers will continue to receive this content at the current monthly rate. Beginning October 24, 2011, current and new Mediacom customers may subscribe to any or all of the following new digital tiers: Di ital Tier Name Month! Rate S orts.and information $7.95 Fids and Variety $7.95 Movies and Music . $7.95: Kids and Variety/ Movies and Music $13.95 Kids and Variety/ Sports and Information $13:95 Movies and Music/ Sports and Information $13.95 Kids and Variety/ Movies and Music Sports and.Information $1.7.95 If you have any questions, please do not hesitate to call me at 319-268-5033, or contact me via e-mail at Igrassley@mediacomcc.com. Thank you for allowing us to serve your community. Sincerely, Lee Grassley Senior Manager, Government Relations The new digital channel tiers will be packaged as follows: Kids&Varied Music& Movies Sports& Information PBS KIDS Sprout G4 CBS College Sports Boomerang Style FOX College Sports Atlantic qubo IFC FOX College Sports Central The Hub FOX Movies Channel FOX College Sports Pacific Science Channel REELZChannel GOLTV OWN MTV 2 Sportsman Channel Discovery PlanetGreen MTV Hits ESPNU Investigation Discovery VH1 Classic Fuel TV The Military Channel Centric ESPN Classic Youtoo Fuse YES Network Halogen Cloo NFL Network BBC America CMT Pure Country Boomerang National Geographic Wild VH1 Soul ESPNews Nick Jr. Ovation Golf Channel TeenNick Lifetime Real Women FOX Soccer Channel Nicktoons Network TV Guide Network Outdoor Channel RFD Chiller ABC News Now ION Life Sundance Channel Fox Business bio IFC HD TVG H2 CCN Disney XD NFL Network HD bio HD Golf Channel HD H2 HD ESPNU HD Investigation Discovery HD ESPNews HD Science Channel HD Outdoor Channel HD 2 �11 ri a aC ..... ('"!dt_._ # —. — —.—_ Y 1 tt x Sly $ t ., Not j R k ?. g':f >(./ji �..L✓ ..!f.j �x `i F z� Fj 3 � � __ - -_.._ _. ............. ....... ......... .................. ........._... _.....--- ........_.. t — 1 � �� �'% ir'_ Car ✓y _!1' '_ 'lp Mc— f son AJ I Ging.1tilk A) ... ...... ..... r i �i Ji u� i r: q. 9a c ........... .......... . ............... m ,m ow w X` v c a _ — .. ............ ,w p _ .... ......... . r .... ........................ ........ .. . to ." _ . ......_ ...... ......... is ........ ........ ....." 7 ........ j Y. t/ CO ............. .......... ......... ..... ..... .. I .�... ... F( .......... ...__..... ........... ...... G. AGENDA FAIRFAX CITY COUNCIL SPECIAL MEETING TUESDAY,OCTOBER 25,2011 AT 6:00 PM FAIRFAX CITY HALL—525 VANDERBILT STREET I. Call to order 2. Roll call . Approval of agenda . Consider RESOLUTION authorizing issuance of$2,260,000 General Obligation Corporate Purpose Bonds 5. Presentation of TIF Report by-Speer Financial 6. Mayoral Appointment to the Library Board of Trustees 7. Review P&Z Commission's Recommendation regarding setbacks at 100 West Cemetery Road g. Discussion and possible motion regarding setbacks at 100 West Cemetery Road 9, Discussion of Capital Improvements Plan 10. Discussion a. Opportunity for citizens not on agenda 1.1. Clerk's comments 12. Mayor's comments 13. Adjournment Fairfax City Council Agenda- October 25, 2011 Page 1