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HomeMy Public PortalAboutResolutions-2017-011 DocuSign Envelope ID: 32B0FC7D-E9FA-46F2-ABBB-2E45AF37EC24 st Tiffin/436989-18/1½ -Rev MINUTES TO SET DATE FOR HEARING ON ENTERING INTO A LOAN AND DISBURSEMENT AGREEMENT 436989-18 (N/I) 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, in the City. The Mayor presided and the roll was called showing the following members of the Council present and absent: Present: Upton, Bartels, Havens, Ryan, Kahler. Absent: None. Council Member Ryan introduced the resolution hereinafter next set out and moved its adoption, seconded by Council Member Kahler; and after due consideration thereof by the Council, the Mayor put the question upon the adoption of the said resolution and the roll being called, the following named Council Members voted: Ayes: Upton, Bartels, Havens, Ryan, Kahler. Nays: None. Whereupon, the Mayor declared the resolution duly adopted as follows: -1- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 32B0FC7D-E9FA-46F2-ABBB-2E45AF37EC24 st Tiffin/436989-18/1½ -Rev RESOLUTION NO.2017-007 Resolution to fix a date for a public hearing on a proposal to enter into a Sewer Revenue Loan and Disbursement Agreement and to borrow money thereunder in a principal amount not to exceed $150,000 WHEREAS, the City of Tiffin Johnson County, State of Iowa, did e City which has continuously supplied sanitary sewer service in and to the City and its inhabitants since its establishment; and WHEREAS, the management and control of the Utility are vested in the City Council sts for this purpose; and Series 1999C City has heretofore issued its $521,315 Sewer Revenue Bond, SRF Series 1999C, dated September 30, 1999 Series 1999C Bondhich remains outstanding; and Series 2016 and, the City has heretofore issued its $2,296,000 Sewer Revenue Bond, SRF Series 2016, dated September 30, 2016 Series 2016 Bond, ), a portion of which remains outstanding; and WHEREAS, pursuant to the Outstanding Bond Resolutions, the City reserved the right to issue additional obligations payable from the net revenues of the Utility and ranking on a parity with the Outstanding Bonds under the terms and conditions set forth in the Outstanding Bond Resolutions; and WHEREAS, the City now proposes to enter into a Sewer Revenue Loan and 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 cost, to that extent, of planning, designing and constructing improvements and extensions to the Utility , 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 Agreement and to give notice thereof as required by such law; 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 in the City, at .m., at which time and place a hearing will be held and proceedings will be instituted and action taken to enter into the Agreement. -2- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 32B0FC7D-E9FA-46F2-ABBB-2E45AF37EC24 st Tiffin/436989-18/1½ -Rev Section 2. The City Clerk is hereby directed to give notice of the proposed action on the 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 meeting, in a legal newspaper which has a general circulation in the City. The notice shall be in substantially the following form: -3- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 32B0FC7D-E9FA-46F2-ABBB-2E45AF37EC24 st Tiffin/436989-18/1½ -Rev NOTICE OF PROPOSED ACTION TO INSTITUTE PROCEEDINGS TO ENTER INTO A LOAN AND DISBURSEMENT AGREEMENT IN A PRINCIPAL AMOUNT NOT TO EXCEED $150,000 (SEWER REVENUE) The City Council of the City of Tiffin, Iowa, will meet on March 7, 2017, at the City Hall Council Chambers, in the City, at .m., for the purpose of instituting proceedings to borrow money thereunder in a principal amount not to exceed $150,000, for the purpose of paying the cost, to that extent, of planning, designing and constructing improvements and extensions to the Municipal Sanitary Sewer System. The Agreement will not constitute a general obligation of the City, nor will it be payable Sewer Revenue Bond, SRF Series 1999C, dated September 30, 1999; Sewer Revenue Bond, SRF Series 2016, dated September 30, 2016; and any additional obligations of the City as may be hereafter issued and outstanding from time to time ranking on a parity therewith, will be payable solely and only from the Net Revenues of the Municipal Sanitary Sewer System of the City. At the aforementioned time and place, oral or written objections may be filed or made to the proposal to enter into the Agreement. After receiving objections, the City may determine to enter into the 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 -4- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 32B0FC7D-E9FA-46F2-ABBB-2E45AF37EC24 st Tiffin/436989-18/1½ -Rev Section 3. Pursuant to Section 1.150-2 of the Income Tax Regulations (the City declares (a) that it intends to undertake the Project which is reasonably estimated to cost approximately $4,500,000, (b) that other than (i) expenditures to be paid or reimbursed from sources other than the issuance of bonds, notes or other obligati 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 Project 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 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This resolution shall be in full force and effect immediately upon adoption and approval, as provided by law. Passed and approved this February 21, 2017. Mayor Attest: City Clerk On motion and vote, the meeting adjourned. Mayor Attest: City Clerk -5- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 32B0FC7D-E9FA-46F2-ABBB-2E45AF37EC24 st Tiffin/436989-18/1½ -Rev ATTESTATION CERTIFICATE: STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN 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 with a Sewer Revenue Loan and Disbursement Agreement. WITNESS MY HAND this _____________ day of _______________, 2017. City Clerk -6- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 32B0FC7D-E9FA-46F2-ABBB-2E45AF37EC24 st Tiffin/436989-18/1½ -Rev ORGANIZATION AND ESTABLISHMENT CERTIFICATE: STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN I, 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 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 I further certify that the City established the Municipal Sanitary Sewer System (the as aforesaid in supplying sanitary sewer service to the City and its inhabitants. I further certify that the management and control of the Utility are vested in the Council of the City, and that no board of trustees exists which has any part of the control and management of such Utility. WITNESS MY HAND this _____ day of ______________, 2017. City Clerk -7- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 32B0FC7D-E9FA-46F2-ABBB-2E45AF37EC24 st Tiffin/436989-18/1½ -Rev OUTSTANDING DEBT CERTIFICATE: STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN I, the undersigned, City Clerk of the City of Tiffindo hereby certify that the City has no bonds or other obligations of any kind now outstanding which are secured by and payable from the revenues derived from the operation of the Utility, except as follows: Date Type Principal Amount Maturity Outstanding 09-30-1999 Sewer Revenue Bond $______________ June 1, 2019 09-30-2016 Sewer Revenue Bond $______________ June 1, 2037 (Attach here a separate sheet listing any other outstanding obligations of the City secured by and payable from the revenues of the Utility excluding the proposed issue.) WITNESS MY HAND this _______ day of _______________, 2017. City Clerk -8- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 32B0FC7D-E9FA-46F2-ABBB-2E45AF37EC24 st Tiffin/436989-18/1½ -Rev PUBLICATION CERTIFICATE: (PLEASE NOTE: Please do not date and return this certificate until you have received the 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 JOHNSON SS: CITY OF TIFFIN I, the undersigned, City Clerk of the aforementioned City, do hereby certify that pursuant to the resolution of its City Council fixing a date of meeting at which it is proposed to take action to enter into a loan and disbursement agreement, the notice, of which the printed slip attached to th and in the newspaper specified in such affidavit, 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: 32B0FC7D-E9FA-46F2-ABBB-2E45AF37EC24 February 16, 2017 VIA EMAIL Doug Boldt City Administrator/City Hall Tiffin, IA Re: $150,000 SRF Sewer Revenue Loan and Disbursement Agreement File No. 436989-18 Dear Doug: We have prepared and attach proceedings for the February 21, 2017 City Council meeting to enable the Council to set March 7, 2017, as the date for a hearing on the proposal to enter into the SRF Sewer Revenue Loan an The documents attached include the following items: 1. Resolution fixing the date of meeting at which it is proposed to take action to enter into the Agreement. The form of notice is set out in Section 2 of the resolution. Please print an extra copy for delivery to the newspaper. Please insert the time and place of the hearing in both the resolution and the notice. 2. Attestation Certificate with respect to the validity of the transcript. 3. Organization and Establishment Certificate. 4. Outstanding Debt Certificate with respect to the outstanding debt of the Sewer Utility. 5. Publication Certificate with respect to publication of the notice, to which must be g of the notice as published. The notice must be published at least once, not less than four (4) and not more than twenty (20) days before the 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. As soon as the notice appears in the newspaper, please have a copy faxed to our office at (515) 283-1060. DocuSign Envelope ID: 32B0FC7D-E9FA-46F2-ABBB-2E45AF37EC24 Page 2 Please return one fully executed copy of all completed pages to us as soon as they are available. Please call Emily Hammond, Amy Bjork or me if you have questions. Best regards, John P. Danos Attachments cc: Tracy Scebold Ashley Jay Platz Jeff Heil Randy Krutzfield Certificate Of Completion Envelope Id: 32B0FC7DE9FA46F2ABBB2E45AF37EC24Status: Completed Subject: Please DocuSign: 2017-011 - 1st Half Set Hrg SRF Sewer Rev LDA (Tiffin 18-2017)-v2.doc 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 12:02:21 PM AJAY@TIFFIN-IOWA.ORG Signer EventsSignatureTimestamp Steve BernerSent: 2/22/2017 12:04:25 PM steven.lee.berner@gmail.comViewed: 2/22/2017 12:20:37 PM Security Level: Email, Account Authentication Signed: 2/22/2017 12:21:05 PM (None) Using IP Address: 199.120.90.9 Electronic Record and Signature Disclosure: Accepted: 2/22/2017 12:20:37 PM ID: a1e07d12-9e06-4381-8cc8-c0bbeff34927 Doug BoldtSent: 2/22/2017 12:21:07 PM dboldt@tiffin-iowa.orgViewed: 2/22/2017 12:30:50 PM Security Level: Email, Account Authentication Signed: 2/22/2017 12:32:32 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 12:21:07 PM Certified DeliveredSecurity Checked2/22/2017 12:30:50 PM Signing CompleteSecurity Checked2/22/2017 12:32:32 PM Envelope Summary EventsStatusTimestamps CompletedSecurity Checked2/22/2017 12:32:32 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. 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