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HomeMy WebLinkAbout2021-04-19-I02B Issuance of GO Loan Agr, Amending ResolutionI2B RESOLUTION 2021-___ RESOLUTION AMENDING RESOLUTION 2020-062 AUTHORIZING ISSUANCE OF GENERAL OBLIGATION LOAN AGREEMENT, AND LEVYING A TAX FOR THE PAYMENT THEREOF WHEREAS, the City of Waukee, State of Iowa ("Issuer"), is a municipal corporation, organized and existing under the Constitution and laws of the State of Iowa, and is not affected by any special legislation; and WHEREAS, on May 20, 2019, the City of Waukee, State of Iowa approved a 28E Agreement with the City of West Des Moines, Iowa relative to their joint participation in the Ashworth Road Reconstruction Project – Phase 3. Under the 28E Agreement, West Des Moines serves as the lead agency responsible for bidding out and overseeing construction of the improvements. Both cities shared in the cost – 65% payable by West Des Moines, 35% payable by Waukee per the terms outlined in the 28E Agreement. The Project is nearing completion, and payment obligations under the 28E Agreement (the “Loan Agreement”) will commence in fiscal year 2020/21; and WHEREAS, on February 18, 2020, the Issuer passed and approved Resolution 2020-062 authorizing issuance of not to exceed $1,200,000 General Obligation Loan Agreement, Series 2020, and levying a tax for the same; and WHEREAS, the Project has been completed and final costs allocated in accordance with the Loan Agreement; and WHEREAS, the City Council now seeks to modify the levy of taxes to conform to the final Loan Agreement. NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE, STATE OF IOWA: Section 1.Levy of Annual Tax. A General Obligation Loan Agreement, in the amount of not to exceed $1,200,000 was previously approved by the City, and said amount is hereby amended to $879,703.53. For the purpose of providing funds to pay the principal and interest as required under Chapter 76.2, there is levied for each future year the following direct annual tax upon all the taxable property in the City of Waukee, State of Iowa, to wit: AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION $175,940.71* 2020/2021 $175,940.71* 2021/2022 $175,940.71 2022/2023 $175,940.71 2023/2024 $175,940.71 2024/2025 *Payable per the levies previously imposed by Resolution No. 2020-062, amended hereby. Principal and interest coming due at any time when the proceeds of the tax on hand are insufficient to pay the amount due shall be promptly paid when due from current funds available for that purpose and reimbursement must be made. Section 2.Filing. A certified copy of this Resolution shall be filed with the County Auditor of County of Dallas, State of Iowa, who shall, pursuant to Iowa Code Section 76.2, levy, assess and collect the tax in the same manner as other taxes and, when collected, these taxes shall be used only for the purpose of paying principal and interest on the Agreement. Section 3.Except as amended herein, all of the other terms and conditions of the Resolution and Loan Agreement are in all respects ratified, confirmed and approved and shall remain in full effect. PASSED AND APPROVED this 19th day of April, 2021. Mayor ATTEST: City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair