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HomeMy WebLinkAbout1994-12-19-Regular Minutes.L 110 - The December 19,1994 Waukee City Council meeting was called to order at 5:30pm by Mayor Chet Chedester with Toni Lestina taking minutes. A roll call vote was taken and the following City Council members were present:Frank Duroy,Nick Gruber,Monica Lihs and Terry Strain.Absent: Don Bailey,Jr. Personnel Committee: Interview City Administrator Finalist.Motion by Councilwoman Lihs,seconded by Councilman Gruber,to enter into closed session pursuant to Iowa Code Section 21.5(c)"To discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would b e likely to prejudice or disadvantage the position of the governmental body in that litigation".The Mayor asked for a roll call vote:Ayes:Lihs,Gruber,Strain and Duroy.Nays:None.Motion carried 4 to O. Councilman Bailey arrived at 5:34pm. Motion by Councilwoman Lihs,seconded by Councilman Bailey,to leave closed session at 6:45pm.The Mayor asked for a roll call vote:Ayes:Lihs, Bailey,Strain,Duroy and Gruber.Nays:None.Motion carried 5 to O. The Council recessed at 6:45pm. Motion by Councilwoman Lihs,seconded by Councilman Gruber,to come out of recess at 7:01pm,The Mayor asked for a voice vote.Motion carried 5 to 0,on a voice vote. A roll call vote was taken and the following Council Members were present:Don Bailey,Jr.,Frank Duroy,Nick Gruber,Monica Lihs and Terry Strain. Agenda Additions.Change agenda item #7 from Northern Natural to Library Report;Item #4 add #4A Open Forum.The Mayor asked for a voice vole.Motion carried 5 10 0,on a voice vote. Open Forum.None. Guests: -111 - Paul Bratney -Hickman West Industrial Park.Mr.Bratney has not arrived.Item tabled until later in the meeting.IPhilKausalik-Daycare Center.Mr.Kausalik spoke to the Council explaining his plans to open a Daycare Center in Waukee.He discussed the location and asked the Council for the City's assistance in paying for the cost of paving the street in front of the Daycare Center.There was a brief question and answer session.Councilman Bailey advised Mr.Kausalik to check with Mr.Myers regarding the agreement on Windfield Plat IV. Rick Ross -All-State Gutter Driveway.Mr.Ross spoke to the Council explaining the plans for a new driveway.John Kursitus,Veenstra &Kimm,suggested a more detailed plan be submitted. Motion by Councilman Strain,to approve preliminary drawing and have a more detailed drawing submitted to the City Engineer,Veenstra &Kimm, for their approval.Councilman Strain withdrew the motion. Motion by Councilman Strain,seconded by Councilman Gruber,to approve the proposed driveway and to work with the City Engineer,Veenstra & Kimm,regarding the approach.The Mayor asked for a roll call vote:Ayes: Strain,Gruber,Lihs,Duroy and Bailey.Nays:None.Motion carried 5 to O. ] Consent Agenda: A)12-5-94 Council Meeting Minutes;B)Bill Presentation _ $44,117.04.Motion by Councilman Duray,seconded by Councilman Gruber,to approve the Consent Agenda.The Mayor asked for a roll vote: Ayes:Duroy,Gruber,Bailey,Lihs and Strain.Nays:None.Motion carried 5 to O. VENDOR AGGREGATE EQUIP &SUPPLY ARNOW MOTOR SUPPLY ATLANTIC BOTILING CO. BANKERS TRUST COMPANY BEACON MICRO CENTER CARPENTER UNIFORM co CEDAR RAPIDS DEVELOPMENT COMPETITIVE EDGE CONTEQ-l CaNST PRODUCTS PURPOSE AMOUNT HI-VAC SUCTION SUPPLIES SUPPLIES BOND REGISTRAR FEE POWERBOOK 1 50 JUMPSUITS G.O.WATER NOTE NEON PENCILS SUPPLIES $199.75 $33.18 $33.30 $750.00 $1,404.00 $73.95 $730.00 $126.23 $104.40 I , :------------- -112 - :,/1l; I \ I CONTRY AlR FURNACEREPAIR DALLAS COUNTY NEWS PUB MINUTES OM PAPER &SUPPLY OFFICESUPPLIES DORSEY &WHllNEY LEGAL SERVICES FARMER'S COOP ELEVATOR 11 (94 PURCHASES FULLER STANDARD SERVICE 11 (95 PURCHASES G &L CLOTHING UNIFORMS GOlDEN CIRClE MUNICIPAL 1995 DUES FASTPRO INTERNATIONAL INC.FIRST AIDE SUPPLIES I A ASSOCIATION OF 0 &M MANUAL INTERSTATE BATTERY SYSTEM BATTERIES MIDWEST POWER MONTHLY SERVICE IA (]IE CALL 11f94 LOCATES I A PRISON INDUSTRIES SUPPLIES K-LAUTOPARTS MISCPART LEAGUEOF IOWA SALARY SURVEY LGI TESTING MENARDS PARTS MIDWEST BUSINESS PRODUCTS HON LOCKS NATIONAL CLIMATIC OATA lOCAL CUMATOLOGICAL NEWMAN TRAFFIC SIGNS STREET SIGNS OFACE OEPOT INC COPY PAPER OlSON BROTHERS 11 (94 PURCHASES PEOPlES SAVINGS BANK G.O.WATER NOlE PLUMB SUPPLY COMPANY MISC PARTS POLLY &COMPANY G.O.WATER NOTE PRECISION COMPUTER SYSTEM UPDATE DISKETTE PRUDENTIAL SECURITIES WARRANT INTEREST QUALITY FOFO OF W.D.M.CAR MAl NT. GENEX OXYGEN,ACETYLENE SUPERIORSIGNALS,INC WHElEN STROBE TRIPLETT OFF ESSENTIALS OFFICE SUPPLIES UNITED STATES CRLULAR CELLULAR SERVICE US ENER:3YSERVICES,INC GAS PURCHASE US WEST COMMUNICATIONS MONTHLY SERVICE UTILITY CONSULTANTS INC 11 (94 TESTING WASTE MANAGEMENT OF I A CONTAINER PICKUP WATERPRO SUPPLIES CORP MISC PARTS WAUKEE HARDWARE &VARIETY 1 1 (94 PURCHASES TOTAL $50.00 $520.62 $122.00 $1,474.89 $1,826.52 $273.53 $133.92 $25.00 $23.80 $73.50 $145.85 $521.41 $73.20 $43.10 $60.03 $55.00 $49.50 $25.06 $125.00 $22.00 $184.92 $35.98 $408.69 $528.75 $210.81 $340.00 $9.00 $3,440.00 $62.72 $59.70 $656.85 $157.32 $125.31 $25,708.41 $476.37 $200.00 $375.00 $1,574.88 $457.59 $44,117.04 Library Report -Bailey.Motion by Councilman Bailey,seconded by Councilman Strain,to except the Library Report.The Mayor asked for a roll call vote:Ayes:Bailey,Strain,Uhs,Duray and Gruber.Nays:None. Motion carried 5 to O. -113 - Personnel Committee: City Administrator Selection.Councilman Strain moved that the Waukee City Council offer Kurt Rueckel the position of City Clerkl Administrator.Mr.Rueckel to be compensated at the rate of $36,000 per year.In addition Mr.Rueckel will qualify for all city benefits per City Policy Handbook.Mr.Rueckel shall have a probation period of 12 months (January 95 through January 96).With salary elevation at 6 months intervals.Also Mr.Rueckel shall be allowed up to $2,000 relocation expense and to be reimbursed for mileage to 2 interviews at $.26 per mile. The Mayor asked for a roll call vote:Ayes:Strain,Lihs,Gruber,Bailey and Duray.Nays:None.Motion carried 5 to O. I Robert Herrick &John Wesselmann -Permanent Employment Status.Motion by Councilman Duray,seconded by Councilman Gruber,to make Robert Herrick a full-time permanent employee.The Mayor asked for a roll call vote:Ayes:Duray,Gruber,Strain,Bailey and Lihs.Nays:None. Motion carried 5 to O. Motion by Councilman Duray,seconded by Councilman Lihs,to make John Wesselmann a full-time permanent employee with a $1,000 increase in salary.The Mayor asked for a roll call vote:Ayes:Duray,Lihs,Bailey, Strain and Gruber.Nays:None.Motion carried 5 to O. Public Works Report.Motion by Councilman Gruber,seconded by Councilman Bailey,to receive the Public Works Report.The Mayor asked for a voice vote.Motion carried 5 to 0,on a voice vote. Utility Committee: Curb-Side Trash &Recycling. Cory regarding grant applications. after the first of the year. Mayor Chedester contacted Simmery & Mr.Simmery will stop by City Hall Organic Technologies Contract. AGREEMENT THIS AGREEMENT made and entered into by and between the City of Waukee,Dallas County,Iowa,herein referred to as "City",and Organic Technologies Corporation,Myron Hirschman,President,of Van Meter,Iowa, herein referred to as "Contractor",and, I I -114 - WHEREAS,City is required to regulate removal of yard waste within its corporate limits;and, WHEREAS,said requirements include the use of biodegradable containers to be approved by City;and, WHEREAS,Contractor is in the business of supplying said biodegradable containers;and, WHEREAS,City has been furnished said containers,has examined same, and does,by reason of this agreement,approve said containers for use in City;and, WHEREAS,it is anticipated that Contractor will sell and furnish said containers within City;and, WHEREAS,it is a City requirement 1hat said containers be serviced and removed from premises within City within a specific time; IT IS,THEREFORE,MUTUALLYAGREEDAS FOLLOWS: 1.Contractor shall have the right of removal of biodegradable containers sold and distributed by Contractor to be used within time periods established by City,presently not more than one week. 2.A commercial supplier will charge for bags for trash pickup as agreed by the contractor and commercial supplier bag. 3.Contractor shall provide once a week service April through November, each year,and the first week in January,February and March each year. 4.Services shall be provided on the following basis: A.Residents of Waukee,Iowa,choosing to use the services of the contractor shall: (1)Purchase the designated bag or bags. (2)Place the yard waste in the bag,or attach a bag to the -115 - yard waste. (3)Limit bundled brush to 4 feet in length,with a bag attached. (4)Limit the weight of yard waste to no more than 50 pounds per bag. (5)Attach a bag to each Christmas tree,or put the Christmas tree in the bag. B.Contractor shall prepare and furnish to City for distribution,a newsletter informing residents of Waukee of the terms and conditions of services as provided herein. 5.Contractor shall either furnish services provided for herein,or subcontract services for the pickup and collection of said containers,and equipment and manner of collection shall be subject to inspection and approval by City. 6.In event complaints are received by City relative to the service of Contractor as herein defined,City shall promptly forward such complaints to Contractor in writing by ordinary mail;and Contractor shall satisfy said complaint and furnish a written statement to City outlining the solution within six (6)days of the mailing by City of such complaint. 7.Nothing in this Agreement shall be deemed to require servicing by Contractor of containers not furnished by Contractor;and nothing herein shall be deemed a commitment by City to prevent any other party from furnishing and disposing of containers to persons within the City.It is agreed and understood,however,that Contractor shall have no responsibility for servicing any containers other than those purveyed by Contractor. 8.Services herein described shall commence on the 19th day of December,1994.Contractor agrees to repeat services during the first week of January of each year in which this agreement is in force for collection of yard waste and Christmas trees. 9.This Agreement may be terminated without cause by either party ) giving thirty (30)days written notice to the other party by certified mail, -116 - return receipt requested,at the address of such party listed herein. 10.Contractor shall furnish evidence of insurance from time to time as City may request showing Contractor to be insured in the following minimum amounts: General liability: Bodily Injury $500,000.each occurrence 1,000,000.aggregate Property Damage 50,000.each occurrence 50,000.aggregate Automobile Liability Bodily Injury 500,000.each person 1,000,000.each occurrence Properly Damage 50,000.each occurrence 11.Contractor is an independent contractor,and shall be responsible for establishing agendas and procedures for services it performs,for payment of all wages,insurance premiums,workers compensation,and any other employee righ1s or benefits. 12.Contractor shall indemnify and hold City harmless from any liability for any claim against City in any manner arising out of services herein agreed to be performed by Contractor,and Contractor specifically agrees 10 indemnify City for all expense of defending any claims,suits,or actions. City of Waukee,Iowa: Waukee Cily hall Waukee,Iowa 50263 Organic Technologies Corporation: A.R.1,Box 191 Van Meter,Iowa 50261 By _ Claire L.Chedester,Mayor By ~_ Myron Hirschman,President Attest :_~_ Robert Barrett,Clerk Pro-tern -117 - Motion by Councilwoman Lihs,seconded by Councilman Bailey,to present this contract to Organic Technologies regarding yard waste pickup and also includes Christmas tree pickup.The Mayor asked for a roll call vote: Ayes:Lihs,Bailey,Strain,Duray and Gruber.Nays:None.Motion carried 5 to O. Planning and Zoning: Country Club Woods Plat 4 -Preliminary Plat.Brad Cooper,Civil Engineering Consultants,spoke to the Council regarding the preliminary plat of Country Club Woods Plat 4.After a lengthy question and answer session,the Council requested Mr.Cooper to talk with Mr.Grubb and come up with an agreement for the paving of Boone Drive. Eighth &Cherry Rezoning A-1 to R-3 Restricted -Rick Ross.Mr. Ross represented the Council with plans for this area.After a brief discuss,motion by Councilman Duroy,seconded by Councilwoman Lihs,to set January 9,1995 for a hearing to rezone Eighth Street and Cherry Street.The Mayor asked for a roll call vote:Ayes:Duray,Lihs,Strain, Bailey and Gruber.Nays:None.Motion carried 5 to O.] Motion by Councilman Duroy,seconded by Councilwoman Lihs,to amend the motion to set hearing for January 23,1995.The Mayor asked for a roll call vote:Ayes:Duray,Lihs,Strain,Bailey and Gruber.Nays:None. Motion carried 5 to O. Public Safety Report -Gruber.Motion by Councilman Gruber, seconded by Councilman Duray,to except the Public Safety Report.The Mayor asked for a voice vote.Motion carried 5 to 0,on a voice vote. City Attorney Report -Huscher.Tabled until later in the meeting. Mayor's Report.The Mayor asked the advise of the Council regarding the situation with Paul Bratney. Motion by Councilman Bailey,seconded by Councilwoman Lihs,to direct Paul Huscher,City Attorney,to contact Paul Bratney's Attorney.The Mayor asked for a roll call vote:Ayes:Bailey,Lihs,Gruber,Duroy and Strain.Nays:None.Motion carried 5 to O.I -118 - Motion by Councilwoman Lihs,seconded by Councilman Gruber,to change the January Council meetings to January 9th and January 23rd.The Mayor asked for a roll call vote:Ayes:Lihs,Gruber,Strain,Duray and Bailey. Nays:None.Motion carried 5 to O. The Mayor asked that a notice be placed on the front door to City Hall stating the Holiday Office Closings. The Mayor updated the Council regarding a meeting held at Des Moines Water Works. Ruan Securities -Public Hearing on $440,000 General Obligation Bonds.The Council investigated and found that a notice of intention to institute proceedings to enter into a loan agreement had been duly published as provided by law and that this is the time and place at which the Council shall receive oral or written objections from any resident or property owner of the City.The City Clerk Pro Tem announced that no written or oral objections,and there being none,the Mayor announced that the Council may authorize the loan agreement in the amount as published. Whereupon,the Mayor declared the hearing closed. After due consideration and discussion,Council Member Gruber introduced the resolution next hereinafter set out and moved its adoption, seconded by Council Member Lihs.The Mayor put the question upon the adoption of said resolution,and the roll being called,the following Council Members voted:Ayes:Gruber,Lihs,Strain,Bailey and Duroy.Nays: None.Motion carried 5 to O. Whereupon,the Mayor declared the resolution duly adopted as hereinafter set out. RESOLUTIONNO.327 Approving and authoriZing a Loan Agreement and providing for the issuance of $440,000 General Obligation Corporate Purpose Notes and providing for the levy of taxes to pay the same WHEREAS,pursuant to the provisions of Section 384.24A of the Code of Iowa,the City of Waukee,Iowa (the "City"),has heretofore proposed to -119 - contract indebtedness and enter into a loan agreement (the "Loan Agreement")in the principal amount of $440,000 to provide funds to pay the cost,to that extent,of the 1993 Alice's Road Grading and Paving Improvements Project;the Mary Ann Estates Drainage Improvements Project;and the 1993 Street Program,including the refunding of outstanding Warrants previously issued to pay costs in connection therewith,and has published notice of the proposed action and has held a hearing thereon,and the Council may now authorize the Loan Agreement in an amount not exceeding the amount as published; NOW,THEREFORE,Be It Resolved by the City Council of the City of Waukee,Iowa,as follows: Section 1.The City hereby determines to enter into the Loan Agreement with Ruan Securities Corporation,Des Moines,Iowa,Iowa,as lender (the "Lender"),in substantially the form as has been placed on file with the Council,providing for a loan to the City in the principal amount of $440,000,at a discount of $8,800,for the purpose or purposes set forth in the preamble hereof. The Mayor and City Clerk are hereby authorized and directed to sign the J Loan Agreement on behalf of the City,and the Loan Agreement is hereby approved. Section 2.General Obligation Corporate Purpose Notes (the "Notes") are hereby authorized to be issued in evidence of the obligation of the City under the Loan Agreement,in the total aggregate principal amount of $440,000,to be dated December 1,1994,in the denomination of $5,000 each,or any integral multiple thereof,maturing on June 1 in each of the years,in the respective principal amounts and bearing interest at the respective rates,as follows: Principal Interest Rate Principal Interest Rate Year Amount Per Annum Year Amount Per Annum 1996 $35,000 5.50%2001 $45,000 6.20% 1997 $35,000 5.65%2002 $45,000 6.25% 1998 $40,000 5.85%2003 $50,000 6.40%I1999$40,000 6%2004 $55,000 6.55% 2000 $40,000 6.10%2005 $55,000 6.65% -120 - Bankers Trust Company of Des Moines,Iowa,Iowa,is hereby designated as the Registrar and Paying Agent for the Notes and may be hereinafter referred to as the "Registrar"or the "Paying Agent". The City reserves the right to prepay part or all of the Notes maturing in each of the years 2003 to 2005,inclusive,prior to and in any order of maturity on June 1,2002,or on any date thereafter upon terms of par and accrued interest.If less than all of the Notes of any like maturity are to be redeemed,the particular part of those Notes to be redeemed shall be selected by the Registrar by lot.The Notes may be called in part in one or more units of $5,000.If less than the entire principal amount of any Note in a denomination of more than $5,000 is to be redeemed,the Registrar will issue and deliver to the registered owner thereof,upon surrender of such original Note,a new Note or Notes,in any authorized denomination,in a total aggregate principal amount equal to the unredeemed balance of the original Note.Notice of such redemption as aforesaid identifying the Note or Notes (or portion thereof)to be redeemed shall be mailed by certified mail to the registered owners thereof at the addresses shown on the City's registration books not less than 30 nor more than 45 days prior to such redemption date,All of such Notes as to which the City reserves and exercises the right redemption and as to which notice as aforesaid shall have been given and for the redemption of which funds are duly provided, shall cease to bear interest on the redemption date. All of the interest on the Notes shall be payable June 1,1995,and semiannually thereafter on the first day of June 1 and December 1 in each year.Payment of interest on the Notes shall be made to the registered owners appearing on the registration books of the City at the close of business on the fifteenth day of the month next preceding the interest payment date and shall be paid by check or draft mailed to the registered owners at the address shown on such registration books.Principal of the Notes shall be payable in lawful money of the United States of America to the registered owners or their legal representatives upon presentation and surrender of the Note or Notes at the office of the Paying Agent. The Notes shall be executed on behalf of the City with the official manual or facsimile signature of the Mayor and attested with the official manual or facsimile signature of the City Clerk and shall have the City's seal impressed or printed thereon,and shall be fully registered Notes -121 - without interest coupons.In case any officer whose signature or the facsimile of whose signature appears on the Notes shall cease to be such officer before the delivery of the Notes,such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes,the same as if such officer had remained in office until delivery. The Notes shall not be valid or become obligatory for any purpose until the Certificate of Authentication thereon shall have been signed by the Registrar. The Notes shall be fully registered as to principal and interest in the names of the owners on the registration books of the City kept by the Registrar,and after such registration,payment of the principal thereof and interest thereon shall be made only to the registered owners or their legal representatives or assigns.Each Note shall be transferable only upon the registration books of the City upon presentation to the Registrar, together with either a written instrument of transfer satisfactory to the Registrar or the assignment form thereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner.] The record and identity of the owners of the Notes shall be kept confidential as provided by Section 22.7 of the Code of Iowa. Section 3.The Notes shall be i substantially the following form: UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DALLAS CITY OF WAUKEE GENERAL OBLIGATION CORPORATE PURPOSE NOTE No.__$-- RATE MATURITY DATE NOTE DATE CUSIP December 1,1994 The City of Waukee (the "City"),in the County of Dallas,State of Iowa, for value received,promises to pay on the maturity date of this Note to I -122 - or registered assigns,the principal sum of DOLLARS in lawful money of the United States of America upon presentation and surrender of this Note at the office of Bankers Trust Company,Des Moines, Iowa,Iowa (hereinafter referred to as the "Registrar"or the "Paying Agent"),with interest on said sum,until paid,at the rate per annum specified above from the date of this Note,or from the most recent interest payment date on which interest has been paid,on June 1 and December 1 of each year,commencing June 1,1995,except as the provisions hereinafter set forth with respect to redemption prior to maturity may be or become applicable hereto.Interest on this Note is payable to the registered owner appearing on the registration books of the City at the close of business on the fifteenth day of the month next preceding the interest payment date,and shall be paid by check or draft mailed to the registered owner at the address shown on such registration books. This Note shall not be valid or become obligatory for any purpose until the Certificate of Authentication hereon shall have been signed by the Registrar. This Note is one of a series of notes (the "Notes")issued by the City to evidence its obligation under a certain Loan Agreement,dated as of December 1,1994 (the "Loan Agreement")entered into by the City for the purpose of providing funds to pay costs in connection with the 1993 Alice's Road Grading and Paving Improvements Project;the Mary Ann Estates Drainage Improvements Project;and the 1993 Street Program, including the refunding of Warrants previously issued to pay costs in co nnectio n therewith. The Notes are issued pursuant to and in strict compliance with the provisions of Chapter 384 and Chapter 76 of the Code of Iowa,1993,and all other laws amendatory thereof and supplemental thereto,and in conformity with a resolution of the City Council authorizing and approving the Loan Agreement and providing for the issuance and securing the payment of the Notes (the "Resolution"),and reference is hereby made to -123 the Resolution and the Loan Agreement for a more complete statement as to the source of payment of the Notes and the rights of the owners of the Notes. The City reserves the right to prepay part or all of the Notes maturing in each of the years 2003 to 2005,inclusive,prior to and in any order of maturity on June 1,2002,or on any date thereafter upon terms of par and accrued interest.If less than all of the Notes of any like maturity are to be redeemed,the particular part of those Notes to be redeemed shall be selected by the Registrar by lot.The Notes may be called in part in one or more units of $5,000.If less than the entire principal amount of any Note in a denomination or more than $5,000 is to be redeemed,the Registrar will issue and deliver to the registered owner thereof,upon surrender of such original Note,a new Note or Notes,in any authorized denomination,in a total aggregate principal amount equal to the unredeemed balance of the original Note.Notice of such redemption as aforesaid identifying the Note or Notes (or portion thereof)to be redeemed shall b e mailed by certified mail to the registered owners thereof at the addresses shown on the City's registration books not less than 30 nor more than 45 days prior to such redemption date.All of such Notes as to which the City reserves and exercises the right of redemption and as to which notice as aforesaid shall have been given and for the redemption of which funds are duly provided,shall cease to bear interest on the redemption date. j This Note is fully negotiable but shall be fully registered as to both principal and interest in the name of the owner on the books of the City in the office of the Registrar,after which no transfer shall be valid unless made on said books and then only upon presentation of this Note to the Registrar,together with either a written instrument of transfer satisfactory to the Registrar or the assignment from hereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner. The City,the Registrar and the Paying Agent may deem and treat the registered owner hereof as the absolute owner for the purpose of receiving payment of or on account of principal hereof,premium,if any, and interest due hereon and for all other purposes,and the City,the Registrar and the Paying Agent shall not be affected by any notice to the contrary. -124 - And It Is Hereby Certified and Recited that all acts,conditions and things required by laws and Constitution of the State of Iowa,to exist,to be had,to be done or to be performed precedent to and in the issue of this Note were and have been properly existent,had,done and performed in regular and due form and time;that provisions has been made for the levy of a sufficient continuing annual tax on all the taxable property within the City for the payment of the principal of and interest on this Note as the same will respectively become due;that the faith,credit,revenues and resources and all the real and personal property of the City are irrevoca- bly pledged for the prompt payment hereof,both principal and interest; and that the total indebtedness of the City,including this Note,does not exceed any constitutional or statutory limitations. IN TESTIMONY WHEREOF,the City of Waukee,Iowa,by its City Council, has caused this Note to be sealed with the facsimile of its official seal, to be executed with the duly authorized facsimile signature of its City Clerk Pro Tem,all the first day of December,1994. CITY OF WAUKEE,IOWA Attest: By _ Claire L.Chedester,Mayor Robert P.Barrett,City Clerk Pro Tem (Facsimile Seal) Registration Date:__ REGISTRAR'SCERTIFICATEOF AUTHENTICATION This Note is one of the Notes described in the within-mentioned Resolution. BANKERSTRUST COMPANY Des Moines,Iowa,Iowa Registrar -125 - By _ Authorized Officer I ABBREVIATIONS The following abbreviations,when used in this Note,shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -as tenants in common U T M A _ TEN ENT -as tenants by the entireties (Custodian) JT TEN -as joint tenants with As Custodian for _ right of survivorship and (Minor) not as tenants in common under Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the list above.] ASSIGNMENT For valuable consideration,receipt of which is hereby acknowledged, the undersigned assigns this Note to --------------------------------------------------------- (Please print or type name and address of Assignee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE and does hereby irrevocably appoint __~_ Attorney,to transfer this Note on the books kept for registration thereof with full power of substitution. Dated :_ Signature guaranteed:I -126 - (Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent.Such standards and procedures may require signatures to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program.) NOTICE:The signature to this Assignmentmust correspondwith the name of the registered owner as it appears on this Note in every particular,without alteration or enlargement or any change whatever. Section 4.The Notes shall be executed as herein provided as soon after the adoption of this resolution as may be possible,and thereupon they shall be delivered to the Registrar for reg1stration,authentication and delivery to the Lender,upon receipt Of the loan proceeds,and all action heretofore taken in connection with the Loan Agreement is hereby ratified and confirmed in all respects. Section 5.For the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the principal of and interest on the Notes as the same become due,there is hereby ordered levied on all the taxable property in the City in each of the years while the Notes are outstanding,a tax sufficient for that purpose,and in furtherance of this provisions,but not in limitation thereof,there is hereby levied on all the taxable property in the City the following direct annual tax for collection in each of the following fiscal years,to-wit: For collection in the fiscal year beginning July 1 ,1995, sufficientto produce the net annual sum of $75,718; For collection in the fiscal year beginning July 1 ,1996, sufficient t a produce the net annual sum 0 f $60,220; For collection in the fiscal year beginning July 1,1997, -127 - sufficient to produce the net annual sum of $63,243;IForcolIectioninthefiscaIyearbeginningJuly1,1998, suffici e nt to produce the net annual sum 0 f $60,903; For co lIectio n in the fisc a I year beginning July 1 ,1999, s uffic i e nt to produce the net annual sum 0 f $58,503; For collection in the fiscal year beginning July 1 ,2000, sufficient to produce the net annual sum 0 f $61 ,063; For co Ilectio n in the fisc a I year beginning July 1 ,2001 , sufficient to produce the net annual sum of $58,273; For collection in the fiscal year beginning July 1,2002, sufficient to produce the net annual sum 0 f $60,460; For collection in the fiscal year beginning July 1,2003, s uffici ent to produce the net annual sum 0 f $62,260; For collectio n in the fiscal year beginning July 1 ,2004, sufficient to produce the net annual sum of $48,658.J Section 6.A certified copy of this resolution shall be filed with the County Auditor of Dallas County,and said Auditor is hereby instructed to enter for collection and assess the tax hereby authorized.When annually entering such taxes for collection,the County Auditor shall include the same as a part of the tax levy for Debt Service Fund purposes of the City and when collected,the proceeds of the taxes shall be converted into the Debt Service Fund of the City and set aside therein as a special account to be used solely and only for the payment of the principal of and interest on the Notes hereby authorized and for no other purpose whatsoever.Any amount received by the City as accrued interest on the Notes Shall be deposited into such special account and used to pay interest due on the Notes on the first interest payment date. Section 7.The interest or principal and both of them falling due in any year or years shall,if necessary,be paid promptly from current funds I on hand in advance of taxes levied and when the taxes shall have been collected,reimbursement shall be made to such current funds in the sum -128 - thus advanced. The City hereby pledged the faith,credit,revenues and resources and all of the real and personal property of the City for the full and prompt payment of the principal of and interest on the Notes. Section 8.I t is the intention 0 f the City that interest on the Notes be and remain excluded from gross income for federal income tax purposes pursuant to the appropriate provisions of the Internal Revenue Code of 1986,as amended,and the Treasury Re.gulations in effect with respect thereto (all of the foregoing herein referred to as the "Internal Revenue Code"}.In furtherance thereof,the City COvenantsto comply with the provisions of the Internal Revenue Code as they may from time to time be in effect or amended and further convenants to comply with the applicable future laws,regulations,published rulings and court decisions as may be necessary to insure that the interest on the notes will remain excluded from gross income for federal income tax purposes.Any and all of the officers of the City are hereby authorized and directed to take any and all actions as may be necessary to comply with the covenants herein contained. The City hereby designates the Notes as "Qualified Tax Exempt Obligations"as that term is used in Section 265{b)(3)(B)of the Internal Revenue Code. Section 9.All resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved December 1 9,1994. Claire L.Chedester,Mayor Attest: ----------------~--------------_.-- Robert P.Barrett,City Clerk Pro Tem Supplemental Auditing Bill.After a brief discussion,motion by -129 - I I I I' IIi I Councilman Strain,seconded by Councilman Gruber,to report to Martens & Company that the City payment $9,500.00 is considered payment in full. The Mayor asked for a roll call vote:Ayes:Strain,Gruber,Lihs,Bailey and Duroy.Nays:None.Motion carried 5 to O.I City Attorney Report .Huscher.Motion by Councilwoman Lihs, seconded by Councilman Bailey,to enter into closed session pursuant to Iowa Code Section 21.5(c)"To discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation".The Mayor asked for a roll call vote: Ayes:Lihs,Bailey,Gruber,Duroy and Strain.Nays:None.Motion carried 5 to O.The Council enter into closed session at 9:00pm. The Council came out of closed session at 9:21pm. Motion by Councilman Duroy,seconded by Councilman Strain,to adjourn. The Mayor asked for a voice vote.Motion carried 5 to 0,on a voice vote. The meeting adjourned at 9:22pm. ~vdb2_______j Claire L.Chedester,Mayor Attested: //A 'fL*--~-----~----~------------------Robert P.Barrett,City Clerk Pro Tem I