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HomeMy WebLinkAbout2012-329-04/16/2012(This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo, Iowa. Date of Meeting: April 16, 2012. Time of Meeting: 5:30 o'clock P.M. Place of Meeting: Council Chambers, City Hall, Waterloo, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: X Public hearing on proposed Lease Purchase Agreement between the City of Waterloo and Waterloo Development Corporation, for the purpose of acquiring a multi -use recreational and athletic facility complex to be known as the Cedar Valley Sportsplex. X Resolution approving form of Lease Purchase Agreement and authorizing its execution and delivery. Such additional matters as are set forth on the additional 6 page(s) attached hereto. This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. Suzy Schares, City Clerk, Waterloo, Iowa 1 April 16, 2012 The City Council of Waterloo, Iowa, met in regular session, in the Council Chambers, City Hall, Waterloo, Iowa, at 5:30 o'clock P.M., on the above date. There were present Mayor Ernest G. Clark, in the chair, and the following named Council Members: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart Absent: none 2 The Mayor announced that this was the time and place for the public hearing and meeting for the proposal to enter into a Lease Purchase Agreement with Waterloo Development Corporation, and that notice of the proposed action by the Council to institute proceedings for the authorization of the Lease Purchase Agreement had been published pursuant to the provisions of Section 364.4 of the City Code of Iowa, as amended. The Mayor then asked the Clerk whether any written objections had been filed by any City resident or property owner to the proposal. The Clerk advised the Mayor and the City Council that no written objections had been filed. The Mayor then called for oral objections to the proposal and none were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) 3 The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Getty introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION APPROVING THE FORM OF LEASE PURCHASE AGREEMENT BETWEEN THE CITY OF WATERLOO AND WATERLOO DEVELOPMENT CORPORATION FOR THE PURPOSE OF ACQUIRING A MULTI -USE RECREATIONAL AND ATHLETIC FACILITY COMPLEX TO BE KNOWN AS THE CEDAR VALLEY SPORTSPLEX, AND AUTHORIZING EXECUTION AND DELIVERY OF SAID LEASE PURCHASE AGREEMENT", and moved: that the Resolution be adopted. Eto ADJOURN and defer action on the Resolution to the meeting to be held at o'clock .M. on the day of , 2012, at this place. Council Member Hart seconded the motion. The roll was called and the vote was, AYES: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart NAYS: none Whereupon, the Mayor declared the measure duly adopted. 4 RESOLUTION NO. 2012-329 RESOLUTION APPROVING THE FORM OF LEASE PURCHASE AGREEMENT BETWEEN THE CITY OF WATERLOO AND WATERLOO DEVELOPMENT CORPORATION FOR THE PURPOSE OF ACQUIRING A MULTI -USE RECREATIONAL AND ATHLETIC FACILITY COMPLEX TO BE KNOWN AS THE CEDAR VALLEY SPORTSPLEX, AND AUTHORIZING EXECUTION AND DELIVERY OF SAID LEASE PURCHASE AGREEMENT WHEREAS, the City of Waterloo, Iowa ("City") and Waterloo Development Corporation ("Developer") are parties to a Development and Property Transfer Agreement dated December 19, 2011, under which it is proposed that the City enter into a Lease Purchase Agreement with the Developer ("Lease Purchase Agreement"), as authorized by Section 364.4 of the City Code of Iowa, for the purpose of acquiring a multi -use recreational and athletic facility complex to be known as the Cedar Valley Sportsplex to be constructed by the Developer on property located generally on the two City blocks bounded by Jefferson Street, West 1st Street, Washington Street and West 3rd Street, including the portion of West 2nd Street between those two blocks, as hereinafter described; and WHEREAS, the term of the proposed Lease Purchase Agreement does not exceed the economic life of the property to be acquired; and WHEREAS, the lease payments due under the Lease Purchase Agreement shall be payable solely and only from the net revenues of the proposed Sportsplex facility; and WHEREAS, before a lease or lease -purchase agreement may be authorized, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the lease or lease -purchase agreement and to receive oral and/or written objections from any resident or property owner of said City to such action; and WHEREAS, pursuant to notice published as required by law, this Council now has held a public hearing on the proposed Lease Purchase Agreement and has determined to approve the same. 5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. The form and content of the Lease Purchase Agreement, the provisions of which are incorporated herein by reference, hereby are in all respects authorized, approved and confirmed. The Mayor and City Clerk are authorized, empowered and directed to execute, attest and deliver the Lease Purchase Agreement and all related closing documents and certifications for and on behalf of the City, including necessary counterparts and in substantially the form and content now before this meeting but with such changes, modifications, additions or deletions therein as shall to them, upon the advice of special counsel to the City, seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the Council's approval of any and all changes, modifications, additions or deletions therein from the form and content of the Lease Purchase Agreement now before this meeting, and from and after the execution and delivery of the Lease Purchase Agreement, the Mayor and City Clerk are hereby authorized, empowered and directed to do all such acts and things and execute all such documents as may be necessary to carry out and comply with the provisions of the Lease Purchase Agreement as so executed. PASSED AND APPROVED this 16th day of April, 2012. ATTEST: Suzy Schares, City Clerk Ernest G. Clark, Mayor 6 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 16th day of April, 2012. Suzy Schares, City Clerk, Waterloo, Iowa SEAL 00846363-1\11310-093