HomeMy Public PortalAboutResolutions-2017-011
DocuSign Envelope ID: 32B0FC7D-E9FA-46F2-ABBB-2E45AF37EC24
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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:
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
DocuSign Envelope ID: 32B0FC7D-E9FA-46F2-ABBB-2E45AF37EC24
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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.
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
DocuSign Envelope ID: 32B0FC7D-E9FA-46F2-ABBB-2E45AF37EC24
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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:
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
DocuSign Envelope ID: 32B0FC7D-E9FA-46F2-ABBB-2E45AF37EC24
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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
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
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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
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
DocuSign Envelope ID: 32B0FC7D-E9FA-46F2-ABBB-2E45AF37EC24
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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
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
DocuSign Envelope ID: 32B0FC7D-E9FA-46F2-ABBB-2E45AF37EC24
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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
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
DocuSign Envelope ID: 32B0FC7D-E9FA-46F2-ABBB-2E45AF37EC24
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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
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
DocuSign Envelope ID: 32B0FC7D-E9FA-46F2-ABBB-2E45AF37EC24
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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
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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
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