HomeMy Public PortalAboutResolutions-2017-008
DocuSign Envelope ID: 9EC8E2B8-49B3-45E1-B3E3-44FAB3545CE0
Tiffin/ 436989-19/ Set Hrg GO LAs(part rr)
MINUTES TO SET DATE FOR
HEARINGS ON PROPOSALS TO ENTER
INTO LOAN AGREEMENTS
436989-19
Tiffin, Iowa
February 21, 2017
The City Council of the City of Tiffin, Iowa, met on February 21, 2017, at
p.m., at the City Hall Council Chambers, Tiffin, Iowa. The Mayor presided and the roll was
called showing the following members of the City Council present and absent:
Present: Upton, Bartels, Havens, Ryan, Kahler.
Absent: None.
Council Member Upton introduced the resolution hereinafter next set out and moved its
adoption, seconded by Council Member Bartels; and after due consideration thereof by the City
Council, the Mayor put the question upon the adoption of the said resolution and the roll being
called, the following named Council Members voted:
Ayes: Upton, Bartels, Havens, Ryan, Kahler.
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 City Council adjourned.
Mayor
Attest:
City Clerk
-1-
DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
DocuSign Envelope ID: 9EC8E2B8-49B3-45E1-B3E3-44FAB3545CE0
Tiffin/ 436989-19/ Set Hrg GO LAs(part rr)
RESOLUTION NO. 2007-008
Resolution setting the date for public hearings on proposals to enter into General
Obligation Loan Agreements and to borrow money thereunder
WHEREAS, the City of Tiffin Johnson County, State of Iowa, pursuant to
the provisions of Section 384.24A of the Code of Iowa, proposes to enter into a loan agreement
and to borrow money thereunder in a principal
amount not to exceed $5,100,000 for the purpose of paying the costs, to that extent, of (1)
constructing street, water system, sanitary sewer system, sidewalk, storm water drainage, park
trails and improvements in existing municipal parks; (2) acquiring vehicles and equipment for
the municipal public works department; and (3) acquiring and installing street lighting and
signalization improvements , and it is necessary to fix a date of
meeting of the City Council at which it is proposed to take action to enter into the Essential
Purpose Loan Agreement and to give notice thereof as required by such law; and
WHEREAS, the City also proposes to enter into a loan agreement City Hall Loan
and, togeth
and to borrow money thereunder in a principal amount not to exceed $150,000, pursuant to the
provisions of Section 384.24A of the Code of Iowa, for the purpose of paying the costs, to that
extent, of constructing, furnishing and equipping an addition and improvements to City Hall (the
City Hall
now necessary to fix a date of meeting of the City Council at which it is proposed to take action
to enter into the City Hall Loan Agreement and to give notice thereof as required by such law,
including notice of the right to petition for an election on such proposal;
NOW, THEREFORE, Be It Resolved by the City Council of the City of Tiffin, Iowa, as
follows:
Section 1. This City Council shall meet on March 7, 2017, at the City Hall Council
Chambers, Tiffin, Iowa, at .m., at which time and place hearings will be held and
proceedings will be instituted and action taken to enter into the Loan Agreements described in
the preamble hereof.
Section 2. The City Clerk is hereby directed to give notice of the proposed action on
the Essential Purpose 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
four (4) and not more than twenty (20) days before the date of said meeting, in a legal newspaper
which has a general circulation in the City. The notice shall be in substantially the following
form:
-2-
DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
DocuSign Envelope ID: 9EC8E2B8-49B3-45E1-B3E3-44FAB3545CE0
Tiffin/ 436989-19/ Set Hrg GO LAs(part rr)
NOTICE OF PROPOSED ACTION TO INSTITUTE PROCEEDINGS TO
ENTER INTO A LOAN AGREEMENT AND TO BORROW MONEY
THEREUNDER IN A PRINCIPAL AMOUNT NOT TO EXCEED $5,100,000
(GENERAL OBLIGATION)
The City Council of the City of Tiffin, Iowa , will meet on March 7, 2017, at
the City Hall Council Chambers, Tiffin, Iowa, at .m., for the purpose of
instituting proceedings and taking action on a proposal
and to borrow money thereunder in a principal amount not to exceed $5,100,000
for the purpose of paying the costs, to that extent, of (1) constructing street, water system,
sanitary sewer system, sidewalk, storm water drainage, park trails and improvements in existing
municipal parks; (2) acquiring vehicles and equipment for the municipal public works
department; and (3) acquiring and installing street lighting and signalization improvements.
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 that time and place, oral or written objections may be filed or made to the proposal to
enter into the Loan Agreement. After receiving objections, the City may determine to enter into
the Loan Agreement, in which case, the decision will be final unless appealed to the District
Court within fifteen (15) days thereafter.
By order of the City Council of the City of Tiffin, Iowa.
Doug Boldt
City Clerk
-3-
DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
DocuSign Envelope ID: 9EC8E2B8-49B3-45E1-B3E3-44FAB3545CE0
Tiffin/ 436989-19/ Set Hrg GO LAs(part rr)
Section 3. The City Clerk is hereby directed to give notice of the proposed action on
the City Hall 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 ten (10) and
not more than twenty (20) days before the date of said meeting, in a legal newspaper which has a
general circulation in the City. The notice shall be in substantially the following form:
-4-
DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
DocuSign Envelope ID: 9EC8E2B8-49B3-45E1-B3E3-44FAB3545CE0
Tiffin/ 436989-19/ Set Hrg GO LAs(part rr)
NOTICE OF PROPOSED ACTION TO INSTITUTE PROCEEDINGS TO
ENTER INTO A LOAN AGREEMENT AND TO BORROW MONEY
THEREUNDER IN A PRINCIPAL AMOUNT NOT TO EXCEED $150,000
(GENERAL OBLIGATION)
The City Council of the City of TiffinMarch 7, 2017, at
the City Hall, Tiffin, Iowa, at 7:00 p.m., for the purpose of instituting proceedings and
money thereunder in a principal amount not to exceed $150,000 for the purpose of paying the
costs, to that extent, of constructing, furnishing and equipping an addition and improvements to
City Hall.
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.
The maximum rate of interest which may be payable under the Loan Agreement is 7%
per annum.
At any time before the 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
Section 284.26 of the Code of Iowa.
By order of the City Council of the City of Tiffin, Iowa.
Doug Boldt
City Clerk
-5-
DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
DocuSign Envelope ID: 9EC8E2B8-49B3-45E1-B3E3-44FAB3545CE0
Tiffin/ 436989-19/ Set Hrg GO LAs(part rr)
Section 4. Pursuant to Section 1.150-2 of the Income Tax Regulations (the
City declares (a) that it intends to undertake
the Projects which are reasonably estimated to cost approximately $5,250,000, (b) that other than
(i) expenditures to be paid or reimbursed from sources other than the issuance of bonds, notes or
), or (ii) expenditures made not earlier than 60 days prior to the
date of this Resolution or a previous intent resolution of the City, or (iii) expenditures amounting
to the lesser of $100,000 or 5% of the proceeds of the Bonds, or (iv) expenditures constituting
preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations, no expenditures
for the Projects have heretofore been made by the City and no expenditures will be made by the
City until after the date of this Resolution or a prior intent resolution of the City, and (c) that the
City reasonably expects to reimburse the expenditures made for costs of the City out of the
proceeds of the Bonds. This declaration is a declaration of official intent adopted pursuant to
Section 1.150-2 of the Regulations.
Section 5. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 6. This resolution shall be in full force and effect immediately upon its
adoption and approval, as provided by law.
Passed and approved February 21, 2017.
Mayor
Attest:
City Clerk
-6-
DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
DocuSign Envelope ID: 9EC8E2B8-49B3-45E1-B3E3-44FAB3545CE0
Tiffin/ 436989-19/ Set Hrg GO LAs(part rr)
ATTESTATION CERTIFICATE
STATE OF IOWA
COUNTY OF JOHNSON SS:
CITY OF TIFFIN
I, the undersigned, City Clerk of the City of Tiffin, 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
additional action s to enter into certain loan agreements, as referred to
therein.
WITNESS MY HAND this _____ day of __________________, 2017.
City Clerk
-7-
DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
DocuSign Envelope ID: 9EC8E2B8-49B3-45E1-B3E3-44FAB3545CE0
Tiffin/ 436989-19/ Set Hrg GO LAs(part rr)
ORGANIZATION CERTIFICATE
STATE OF IOWA
COUNTY OF JOHNSON SS:
CITY OF TIFFIN
I, the undersigned City Clerk, do hereby certify that the City of Tiffin is organized and
operating under the provisions of Title IX of the Code of Iowa and not under any special charter
and that the 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 named.
And I do further certify that the following named parties are officials of the City as
indicated:
Steve Berner, Mayor
Doug Boldt, City Administrator/Clerk
Ashley Platz, Deputy City Clerk
Mike Ryan, Council Member/Mayor Pro Tem
Peggy Upton, Council Member
Jim Bartels, Council Member
Al Havens, Council Member
Jo Kahler, Council Member
WITNESS MY HAND this ____ day of _____________, 2017.
City Clerk
-8-
DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
DocuSign Envelope ID: 9EC8E2B8-49B3-45E1-B3E3-44FAB3545CE0
Tiffin/ 436989-19/ Set Hrg GO LAs(part rr)
PUBLICATION CERTIFICATE
(PLEASE NOTE: Do not date and return this certificate until you have received the
s and have verified that the notices were published on the dates
indicated in the affidavits but please return all other completed pages to us as soon as they
are available.)
STATE OF IOWA
COUNTY OF JOHNSON SS:
CITY OF TIFFIN
I, the undersigned, City Clerk of the City of Tiffin, do hereby certify that pursuant to the
resolution of the City Council fixing a date of meeting at which it is proposed to take action to
enter into certain loan agreements, the notices, of which the printed slips attached to the
s hereto attached are true and complete copies, were published on the dates
and in the newspaper specified in such affidavits, which newspaper has a general circulation in
the City.
WITNESS MY HAND this ______ day of ________________, 2017.
City Clerk
-9-
DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
DocuSign Envelope ID: 9EC8E2B8-49B3-45E1-B3E3-44FAB3545CE0
February 16, 2017
Via Email
Doug Boldt
City Administrator/City Hall
Tiffin, Iowa
Re: General Obligation Corporate Purpose Loan Agreements
Our File No. 436989-19
Dear Doug:
st
We have prepared and attach proceedings to be used at the February 21 City Council
th
meeting to enable the City Council to set March 7 as the date for the hearings on the General
Obligation Loan Agreement.
The documents attached include the following items:
1. Resolution fixing the date, time and place of the meeting at which it is proposed
to hold the hearings and take action to enter into the Loan Agreements.
The forms of notice of hearing are set out in Section 2 and 3 of the resolution. Please
print extra copies for delivery to the publisher. Please insert the time and place of the hearings in
both the resolution and the notices.
2. Attestation Certificate with respect to the validity of the transcript.
3. Organization Certificate.
4. Publication Certificate with respect to publication of the notices, to which must be
atts of publication with the clippings of the notices as published.
The notice of hearing on the Essential Purpose Loan Agreement must be published at
th
four (4) and not more than twenty (20) days
least once, not less than before the March 7
meeting date set for the hearing, in a legal newspaper which has a general circulation in Tiffin.
The last date on which this notice can be effectively published is March 3, 2017.
The notice of hearing on the City Hall Loan Agreement must be published at least once
th
ten (10) and not more than twenty (20) days
not less than before the March 7 meeting date
set for the hearing, in a legal newspaper which has a general circulation in Tiffin. The last date
on which this notice can be effectively published is February 25, 2017.
Please fax a copy of the published notices to our office at (515) 283-1060 as soon as each
appears in the newspaper.
DocuSign Envelope ID: 9EC8E2B8-49B3-45E1-B3E3-44FAB3545CE0
Page 2
As soon as possible after the City Council meeting, please return one fully executed copy
of these proceedings.
If you have any questions, please contact Rebecca Donaldson or me.
Best regards,
John P. Danos
Attachments
cc: Ashley Jay Platz
Jeff Heil
Diana VanVleet
Certificate Of Completion
Envelope Id: 9EC8E2B849B345E1B3E344FAB3545CE0Status: Completed
Subject: Please DocuSign: 2017-008 - Set Hrg GO CP LAs (part rr) (Tiffin 19-2017)-v3.docx
Source Envelope:
Document Pages: 11Signatures: 7Envelope Originator:
Supplemental Document Pages: 0Initials: 0ASHLEY PLATZ
Certificate Pages: 5
AutoNav: EnabledPayments: 0300 Railroad St
EnvelopeId Stamping: EnabledPO Box 259
Time Zone: (UTC-08:00) Pacific Time (US & Tiffin, IA 52340
Canada)AJAY@TIFFIN-IOWA.ORG
IP Address: 162.248.184.11
Record Tracking
Status: OriginalHolder: ASHLEY PLATZLocation: DocuSign
2/22/2017 11:58:56 AM AJAY@TIFFIN-IOWA.ORG
Signer EventsSignatureTimestamp
Steve BernerSent: 2/22/2017 12:00:57 PM
steven.lee.berner@gmail.comViewed: 2/22/2017 12:22:28 PM
Security Level: Email, Account Authentication Signed: 2/22/2017 12:22:47 PM
(None)
Using IP Address: 199.120.90.9
Electronic Record and Signature Disclosure:
Accepted: 2/22/2017 12:22:28 PM
ID: 42dfda39-509a-489b-88aa-7ee98696b5c8
Doug BoldtSent: 2/22/2017 12:22:48 PM
dboldt@tiffin-iowa.orgViewed: 2/22/2017 12:35:01 PM
Security Level: Email, Account Authentication Signed: 2/22/2017 12:35:11 PM
(None)
Using IP Address: 69.63.16.128
Electronic Record and Signature Disclosure:
Accepted: 11/15/2016 7:19:16 AM
ID: e71e6fed-796e-4f6c-b8a2-9a25882d8617
In Person Signer EventsSignatureTimestamp
Editor Delivery EventsStatusTimestamp
Agent Delivery EventsStatusTimestamp
Intermediary Delivery EventsStatusTimestamp
Certified Delivery EventsStatusTimestamp
Carbon Copy EventsStatusTimestamp
Notary EventsTimestamp
Envelope Summary EventsStatusTimestamps
Envelope SentHashed/Encrypted2/22/2017 12:22:48 PM
Certified DeliveredSecurity Checked2/22/2017 12:35:02 PM
Signing CompleteSecurity Checked2/22/2017 12:35:11 PM
Envelope Summary EventsStatusTimestamps
CompletedSecurity Checked2/22/2017 12:35:11 PM
Payment EventsStatusTimestamps
Electronic Record and Signature Disclosure
CONSUMER DISCLOSURE
From time to time, CITY OF TIFFIN, IOWA (we, us or Company) may be required by law to
provide to you certain written notices or disclosures. Described below are the terms and
conditions for providing to you such notices and disclosures electronically through the
DocuSign, Inc. (DocuSign) electronic signing system. Please read the information below
carefully and thoroughly, and if you can access this information electronically to your
satisfaction and agree to these terms and conditions, please confirm your agreement by clicking
the âI agreeâ button at the bottom of this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after signing session and, if you
elect to create a DocuSign signer account, you may access them for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign âWithdraw Consentâ form on the signing page
of a DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn
your consent to receive required notices and disclosures electronically from us and you will no
longer be able to use the DocuSign system to receive required notices and consents electronically
from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact CITY OF TIFFIN, IOWA:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: AJAY@TIFFIN-IOWA.ORG
To advise CITY OF TIFFIN, IOWA of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at AJAY@TIFFIN-IOWA.ORG and
in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in the DocuSign system.
To request paper copies from CITY OF TIFFIN, IOWA
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to AJAY@TIFFIN-IOWA.ORG and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with CITY OF TIFFIN, IOWA
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign session, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to AJAY@TIFFIN-IOWA.ORG and in the body of such request you
must state your e-mail, full name, US Postal Address, and telephone number. We do not
need any other information from you to withdraw consent.. The consequences of your
withdrawing consent for online documents will be that transactions may take a longer time
to process..
Required hardware and software
Operating Systems: Windows® 2000, Windows® XP, Windows
Vista®; Mac OS® X
Browsers: Final release versions of Internet Explorer®
6.0 or above (Windows only); Mozilla Firefox
2.0 or above (Windows and Mac); Safariâ¢
3.0 or above (Mac only)
PDF Reader: Acrobat® or similar software may be required
to view and print PDF files
Screen Resolution: 800 x 600 minimum
Enabled Security Settings: Allow per session cookies
** These minimum requirements are subject to change. If these requirements change, you will be
asked to re-accept the disclosure. Pre-release (e.g. beta) versions of operating systems and
browsers are not supported.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you were
able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to e-mail
this disclosure and consent to an address where you will be able to print on paper or save it for
your future reference and access. Further, if you consent to receiving notices and disclosures
exclusively in electronic format on the terms and conditions described above, please let us know
by clicking the âI agreeâ button below.
By checking the âI agreeâ box, I confirm that:
I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC CONSUMER DISCLOSURES document; and
I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
Until or unless I notify CITY OF TIFFIN, IOWA as described above, I consent to receive
from exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by CITY OF TIFFIN, IOWA during the course of my relationship with
you.