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HomeMy Public PortalAboutResolutions-2017-092 DocuSign Envelope ID: 815EAC64-0721-4EBA-AC68-C85DEE52C31B Tiffin / 436989-22 / Set Hrg GO LAs (part rr) MINUTES TO SET DATE FOR HEARINGS ON PROPOSALS TO ENTER INTO LOAN AGREEMENTS 436989-22 Tiffin, Iowa October 3, 2017 The City Council of the City of Tiffin, Iowa, met on October 3, 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 Havens 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: 815EAC64-0721-4EBA-AC68-C85DEE52C31B Tiffin / 436989-22 / Set Hrg GO LAs (part rr) RESOLUTION NO. 2017-092 Resolution setting the date for public hearings and additional action on proposals to enter into General Obligation Loan Agreements and to borrow money thereunder son 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 $4,650,000 for the purpose of paying the costs, to that extent, of (1) constructing street, water system, storm water drainage, sanitary sewer system and sidewalk improvements; and (2) installing street lighting and street signalization (collectively, the 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 propo $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 acquiring real estate for public uses, including fire protection services at which it is proposed to take action to enter into the General Purpose Loan Agreement #1 and to give notice thereof as required by such law, including notice of the right to petition for an election on such proposal; and Loan Agreemen $230,000, 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 parking improvements for the municipal baseball and soccer recreational facilities meeting of the City Council at which it is proposed to take action to enter into the General Purpose Loan Agreement #2 and to give notice thereof as required by such law, including notice of the right to petition for an election on such proposal; and Agreement, the General Purpose Loan Agreement #1, the General Purpose Loan Agreement #2 and the General Purpose Loan money thereunder in a principal amount not to exceed $245,000, 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 recreation trails the Land Project, the Parking Project and the Trail Project are sometimes referred to hereinafter is proposed to take action to enter into the General Purpose Loan Agreement #3 and to give notice thereof as required by such law, including notice of the right to petition for an election on such proposal; -2- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 815EAC64-0721-4EBA-AC68-C85DEE52C31B Tiffin / 436989-22 / Set Hrg GO LAs (part rr) 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 October 17, 2017, at the 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: -3- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 815EAC64-0721-4EBA-AC68-C85DEE52C31B Tiffin / 436989-22 / 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 $4,650,000 (GENERAL OBLIGATION) at the City Council Chambers Tiffin, Iowa, at .m., for the purpose of instituting for the purpose of paying the costs, to that extent, of (1) constructing street, water system, storm water drainage, sanitary sewer system and sidewalk improvements; and (2) installing street lighting and street signalization. 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. Ashely Jay Platz City Clerk -4- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 815EAC64-0721-4EBA-AC68-C85DEE52C31B Tiffin / 436989-22 / Set Hrg GO LAs (part rr) Section 3. The City Clerk is hereby directed to give notice of the proposed action on the General Purpose Loan Agreement #1 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: -5- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 815EAC64-0721-4EBA-AC68-C85DEE52C31B Tiffin / 436989-22 / 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) will meet on October 17, 2017, at the , for the purpose of instituting in a principal amount not to exceed $150,000 for the purpose of paying the costs, to that extent, of acquiring real estate for public uses, including fire protection services. 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. Ashely Jay Platz City Clerk -6- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 815EAC64-0721-4EBA-AC68-C85DEE52C31B Tiffin / 436989-22 / Set Hrg GO LAs (part rr) Section 4. The City Clerk is hereby directed to give notice of the proposed action on the General Purpose Loan Agreement #2 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: -7- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 815EAC64-0721-4EBA-AC68-C85DEE52C31B Tiffin / 436989-22 / 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 $230,000 (GENERAL OBLIGATION) at the for the purpose of instituting proceedings and taking action on a proposal to enter into a loa the purpose of paying the costs, to that extent, of constructing parking improvements for the municipal baseball and soccer recreational facilities. The Loan Agreement is proposed to be entered into pursuant to authority contained in Section 384.24A of the Code of Iowa and will constitute a general obligation of the City. 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. Ashely Jay Platz City Clerk -8- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 815EAC64-0721-4EBA-AC68-C85DEE52C31B Tiffin / 436989-22 / Set Hrg GO LAs (part rr) Section 5. The City Clerk is hereby directed to give notice of the proposed action on the General Purpose Loan Agreement #3 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: -9- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 815EAC64-0721-4EBA-AC68-C85DEE52C31B Tiffin / 436989-22 / 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 $245,000 (GENERAL OBLIGATION) at the ., for the purpose of instituting procee the purpose of paying the costs, to that extent, of constructing recreation trails. 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. Ashely Jay Platz City Clerk -10- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 815EAC64-0721-4EBA-AC68-C85DEE52C31B Tiffin / 436989-22 / Set Hrg GO LAs (part rr) Section 6. Pursuant to Section 1.150-2 of the Income Tax Regulations (the he Internal Revenue Service, the City declares (a) that it intends to undertake the Projects which are reasonably estimated to cost approximately $5,275,000, (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 7. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 8. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed and approved October 3, 2017. Mayor Attest: City Clerk -11- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 815EAC64-0721-4EBA-AC68-C85DEE52C31B Tiffin / 436989-22 / 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 therein. WITNESS MY HAND this _____ day of __________________, 2017. City Clerk -12- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 815EAC64-0721-4EBA-AC68-C85DEE52C31B Tiffin / 436989-22 / 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 Ashley Platz, 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 -13- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 815EAC64-0721-4EBA-AC68-C85DEE52C31B Tiffin / 436989-22 / Set Hrg GO LAs (part rr) PUBLICATION CERTIFICATE (PLEASE NOTE: Do not date and return this certificate until you have received the 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 , 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 its with clippings of the notices, as published.) -14- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: 815EAC64-0721-4EBA-AC68-C85DEE52C31B September 29, 2017 Via Email Doug Boldt City Administrator/City Hall Tiffin, Iowa Re: General Obligation Loan Agreements Our File No. 436989-22 Dear Doug: rd We have prepared and attach proceedings to be used at the October 3 City Council th meeting to enable the City Council to set October 17 as the date for the hearings on the General 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 Sections 2, 3, 4 and 5 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 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 October 17 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 October 13, 2017. The notices of hearing on the General Purpose Loan Agreement #1, the General Purpose Loan Agreement #2 and the General Purpose Loan Agreement #3 must be published at least th ten (10) and not more than twenty (20) days once not less than before the October 17 meeting date set for the hearings, in a legal newspaper which has a general circulation in Tiffin. The last date on which these notices can be effectively published is October 7, 2017. 801 Grand Avenue | Suite 4100 | Des Moines, IA | 50309-8002 | 4 515.283.1000 | & 515.283.1060 | dorsey.com DocuSign Envelope ID: 815EAC64-0721-4EBA-AC68-C85DEE52C31B Page 2 Please fax a copy of the published notices to our office at (515) 283-1060 as soon as each appears in the newspaper. 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: Jeff Heil Diana VanVleet Ashley Jay Platz Cindy Tebbitt Certificate Of Completion Envelope Id: 815EAC6407214EBAAC68C85DEE52C31BStatus: Completed Subject: Please DocuSign: 2017-092 - Set Hrg GO CP LAs (part rr) (Tiffin 22-2017)-v2.docx Source Envelope: Document Pages: 16Signatures: 5Envelope Originator: Certificate Pages: 5Initials: 0ASHLEY PLATZ AutoNav: Enabled300 Railroad St EnvelopeId Stamping: EnabledPO Box 259 Time Zone: (UTC-08:00) Pacific Time (US & Canada)Tiffin, IA 52340 AJAY@TIFFIN-IOWA.ORG IP Address: 69.63.16.128 Record Tracking Status: OriginalHolder: ASHLEY PLATZLocation: DocuSign 10/16/2017 10:02:05 AM AJAY@TIFFIN-IOWA.ORG Signer EventsSignatureTimestamp Steve BernerSent: 10/16/2017 10:10:49 AM steven.lee.berner@gmail.comViewed: 10/16/2017 10:42:03 AM Security Level: Email, Account Authentication Signed: 10/16/2017 10:42:40 AM (None) Using IP Address: 199.120.90.9 Electronic Record and Signature Disclosure: Accepted: 10/16/2017 10:42:03 AM ID: b5f7dfd7-ff18-41af-93b4-eefc3a48f5c9 ASHLEY PLATZSent: 10/16/2017 10:42:41 AM ajay@tiffin-iowa.orgViewed: 10/16/2017 11:15:55 AM Deputy City ClerkSigned: 10/16/2017 11:16:54 AM CITY OF TIFFIN, IOWA Using IP Address: 69.63.16.128 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted10/16/2017 10:42:42 AM Certified DeliveredSecurity Checked10/16/2017 11:15:55 AM Signing CompleteSecurity Checked10/16/2017 11:16:54 AM CompletedSecurity Checked10/16/2017 11:16:54 AM 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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