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HomeMy WebLinkAbout2005-07-11-Resolutions 05-122_Bonds - Water Capacity Loan Agr - Set PH----------------------- RESOLUTION NO.05-122 To fix a date for a public hearing on a loan agreement in the principal amount not to exceed $3,800,000 WHEREAS,the City of Waukee (the "City"),in the County of Dallas,State of Iowa,did heretofore establish a Municipal Waterworks System (the "Utility")in and for the City which has continuously supplied water 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 Council and no board of trustees exists for this purpose;and WHEREAS,the City previously issued its Water Revenue Refunding Notes, dated November 1,1999,a portion of which remains outstanding (the "Outstanding Notes");and WHEREAS,pursuant to the resolution authorizing the issuance of the Outstanding Notes,the City reserved the right to issue additional obligations payable from the same source as and subordinate to,the Outstanding Notes;and WHEREAS,the City proposes to enter into a loan agreement authorizing installment payment obligations under the Wholesale Water Service Master Agreement and corresponding Installment Payment Agreement (the "Loan Agreement")with Des Moines Water Works in a principal amount not to exceed $3,800,000 pursuant to the provisions of Section 384.24A of the Code of Iowa for the purpose of paying the cost,to that extent,of purchasing long-term water capacity for 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 Loan Agreement and to give notice thereof as required by such law; NOW,THEREFORE,Be It Resolved by the City Council ofthe City of Waukee, Iowa,as follows: Section 1.This Council shall meet on the 1st day of August,2005,at the Waukee City Hall,in the City,at 7:00 o'clock p ..m.,at which time and place a hearing will be held and proceedings will be instituted and action taken to enter into the Loan Agreement. Section 2.The City Clerk is hereby directed to give notice of the proposed action on the 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 four nor more than twenty 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: NOTICE OF PROPOSED ACTION TO INSTITUTE PROCEEDINGS TO ENTER INTO A LOAN AGREEMENT IN A PRINCIPAL AMOUNT NOT TO EXCEED $3,800,000 (WATER REVENUE) The City Council of the City of Waukee,Iowa,will meet on the 1st day of August,2005,at the Waukee City Hall,in the City,at 7:00 o'clock p ..m.,for the purpose of instituting proceedings and taking action to enter into a loan agreement:(the "Loan Agreement")in a principal amount not to exceed $3,800,000 for the purpose of paying the cost,to that extent,of purchasing long-term water capacity from Des Moines Water Works. \The Loan Agreement will not constitute a general obligation of the City,nor will it be payable in any manner by taxation,but together with the City's outstanding Water Revenue Refunding Notes to which the Loan Agreement shall be subordinate,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 Waterworks System of the City. The 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 Loan Agreement.After receiving objections,the Council 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 Waukee,Iowa. Mark Arentsen City Clerk ] Section 3.All resolutions or parts of resolutions ill conflict herewith are hereby repealed to the extent of such conflict. Passed and approved July II,2005.J*pk--~Ton Obe an,Mayor Attest: ROLL CALL VOTE Nicholas C.Gruber Donald L.Bailey,Jr. Bill Peard JeffV.Mertz Darlene Stanton AYE X X X X X NAY ABSENT