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HomeMy WebLinkAbout2005-02-01-Resolutions 05-21_Bonds - GO Golf Course Loan Agr - Set PHRESOLUTION NO.05-21 )Resolution to fix a date for a public hearing on a Golf Course Revenue Loan Agreement in the principal amount of $950,000 and a General Obligation Golf Course Loan Agreement in the principal amount of $700,000 WHEREAS,the City of Waukee,Iowa (the "City")proposes to purchase the privately-owned Sugar Creek Golf Course (the "Golf Course")and to operate the Golf Course as a city enterprise;and WHEREAS,the City proposes to enter into a loan agreement (the "Golf Course Revenne Loan Agreement")in the principal amount of $950,000,pursuant to the provisions of Section 384.24A of the Code of Iowa,for the purpose of paying the cost,to that extent,of acquiring the Golf Course,and it is necessary to fix a date of meeting of the Council at which it is proposed to take action to enter into the Golf Course Revenue Loan Agreement and to give notice thereof as required by such law;and WHEREAS,the City also proposes to enter into a loan agreement (the "General Obligation Golf Course Loan Agreement")in the principal amount of $700,000,pursuant to the provisions of Section 384.24A of the Code of Iowa for the general corporate purpose of paying the cost,to that extent,of acquiring the Golf Course,and the City desires to institute proceedings to enter into the General Obligation Golf Course Loan Agreement for such general corporate purpose by causing a notice of such proposal to be published,including notice of the right to petition for an election,under the provisions of Section 384.26 ofthe Code ofIowa;J NOW,THEREFORE,Be It Resolved by the City Council of the City of Waukee, Iowa,as follows: Section 1.The City Council hereby determines that,once acquired,the Golf Course will be operated as a municipal golf course,which is hereby declared to be a City Enterprise as that term is defined in Chapter 384 of the Code ofIowa. Section 2.This Council shall meet on the 14th day of February 2005,at the Council Chambers,City Hall,Waukee,Iowa,at 7:00 o'clock p.m.,at which time and place hearings will be held and proceedings will be instituted and action taken to enter into the Golf Course Revenue Loan Agreement and the General Obligation Golf Course Loan Agreement (together,the "Loan Agreements"). Section 3.The Deputy City Clerk is hereby directed to give notice of the proposed action on the Golf Course Revenue 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 and not less than 4 nor more than 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:I NOTICE OF PROPOSED ACTION TO lNSTITUTE PROCEEDINGS TO ENTER lNTO A LOAN AGREEMENT AND BORROW MONEY IN THE PRINCIPAL AMOUNT OF $950,000 (GOLF COURSE REVENUE) The City Council of the City of Waukee,Iowa,will meet on the 14th day of February,2005,at the Council Chambers,City Hall,Waukee,Iowa,at 7:00 o'clock p.m., for the purpose of instituting proceedings and taking action to enter into a loan agreement (the "Golf Course Revenue Loan Agreement")and borrow money in the principal amount of $950,000 for the purpose of paying the cost,to that extent,of acquiring a golf course (the "Golf Course"). The Golf Course Revenue Loan Agreement will not constitute a general obligation of the City,nor will it be payable in any manner by taxation,but together with 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 Golf Course. The Golf Course Revenue Loan Agreement is proposed to be entered into pursuant to authority contained in Section 384.24A of the Code ofIowa. At the aforementioned time and place,oral or written objections may be filed or made to the proposal to enter into the Golf Course Revenue Loan Agreement.After receiving objections,the Council may determine to enter into the Golf Course Revenue 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 Waukee,Iowa. Mark Arentsen City Administrator/Clerk NOTICE OF PROPOSED ACTION TO INSTITUTE PROCEEDINGS TO ENTER INTO A LOAN AGREEMENT AND BORROW MONEY IN THE PRINCIPAL AMOUNT OF $700,000 (GENERAL OBLIGATION) I The City Council of the City of Waukee,Iowa,will meet on the 14th day of February,2005,at the Council Chambers,City Hall,Waukee,Iowa,at 7:00 o'clock p.m., for the purpose of instituting proceedings and taking action to enter into a loan agreement (the "General Obligation Loan Agreement")and bOlTOWmoney in the principal amount of $700,000 for the purpose of paying the cost,to that extent,of acquiring a golf course, The General Obligation 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 General Obligation Loan Agreement is 7%per annum. Pursuant to the provisions of Section 384.26 of the Code of Iowa,at any time before the date fixed for taking action to enter into the General Obligation Loan Agreement,a petition may be filed with the City Clerk asking that the question of entering into the General Obligation Loan Agreement be submitted to the registered voters of the City. By order of the City Council of the City of Waukee,Iowa.1 Mark Arentsen City Administrator/Clerk Section 4.All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved February 1,2005. I D~ Tonyili~-,M""'-aLy-'o'-'r -------- Attest: cu.._£~ Catherine A.'Paardekooper,epUtY Clerk ROLL CALL VOTE Nicholas C.Gruber Donald L.Bailey,Jf. Bill Peard Jeff V.Mertz Darlene Stanton AYE X X NAY ABSENT X X X