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:
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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
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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.
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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,
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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
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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,
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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
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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
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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
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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%
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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
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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
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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
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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.
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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
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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
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(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
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(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,
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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
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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:
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Robert P.Barrett,City Clerk Pro Tem
Supplemental Auditing Bill.After a brief discussion,motion by
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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.
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Claire L.Chedester,Mayor
Attested:
//A 'fL*--~-----~----~------------------Robert P.Barrett,City Clerk Pro Tem
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