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HomeMy WebLinkAbout2022-193-04.04.2021 $14,200,000 2022A Taxable Sewer SRFITEMS TO INCLUDE ON AGENDA CITY OF WATERLOO, IOWA Not to Exceed $14,200,000 Taxable Sewer Revenue Capital Loan Notes (State of Iowa Revolving Fund Loan) • Public hearing on the authorization of one or more Loan and Disbursement Agreements and the issuance of Notes to evidence the obligation of the City thereunder. • Resolution instituting proceedings to take additional action. April 4, 2022 The City Council of the City of Waterloo, State of Iowa, met in regular session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at 5:30 P.M., on the above date. There were present Mayor Quentin Hart, in the chair, and the following named Council Members: Boesen, Nichols, Amos, Chiles, Grieder, Wilder and Feuss Absent: None -2 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the authorization of one or more Loan and Disbursement Agreements by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority of not to exceed $14,200,000 Taxable Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreements, in order to provide funds to pay costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with Phase IV A2 of the Collection System Improvements CIPP project, Phase 1 of the US Highway 63 South Interceptor Sanitary Sewer Upgrade project, and Sanitary Sewer Gatewell Repairs, and that notice of the proposed action by the City Council to institute proceedings for the authorization of the Loan and Disbursement Agreements and the issuance of the Notes had been published pursuant to the provisions of Sections 384.24A and 384.83, 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 City 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. 3 The City Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Amos introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF ONE OR MORE LOAN AND DISBURSEMENT AGREEMENTS AND THE ISSUANCE OF NOT TO EXCEED $14,200,000 SEWER REVENUE CAPITAL LOAN NOTES", and moved: ® that the Resolution be adopted. ❑ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings to the meeting to be held at o'clock .M. on the day of , 2022, at this place. Council Member Grieder seconded the motion. The roll was called and the vote was, AYES: Boesen, Nichols, Amos, Chiles, Grieder, Wilder and Feuss NAYS: None Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. 2022-193 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF ONE OR MORE LOAN AND DISBURSEMENT AGREEMENTS AND THE ISSUANCE OF NOT TO EXCEED $14,200,000 SEWER REVENUE CAPITAL LOAN NOTES WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of one or more Loan and Disbursement Agreements by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority of not to exceed $14,200,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreements, for the purpose of paying costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with Phase IV A2 of the Collection System Improvements CIPP project, Phase 1 of the US Highway 63 South Interceptor Sanitary Sewer Upgrade project, and Sanitary Sewer Gatewell Repairs, and has considered the extent of objections received from residents or property owners as to said proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: -4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the authorization of one or more Loan and Disbursement Agreements by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority in the manner required by law of not to exceed $14,200,000 Sewer Revenue Capital Loan Notes for the foregoing purpose. Section 2. That this Council does hereby consent to the terms and conditions of the SRF Loan Program, which terms and conditions and the disclosures provided with respect thereto are hereby acknowledged, accepted and approved. Section 3. That the Clerk, with the assistance of the City Attorney and bond counsel, is hereby authorized and directed to proceed with the preparation of such documents and proceedings as shall be necessary to authorize the City's participation in the SRF Loan Program, to select a suitable date for final Council authorization of the required Loan and Disbursement Agreements and issuance of the Note to evidence the City's obligations thereunder, and to take such other actions as the Clerk shall deem necessary to permit the completion of a loan on a basis favorable to the City and acceptable to this Council. Section 4. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that sewer fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above loan agreements. The amounts so advanced shall be reimbursed from the proceeds of the Loan Agreements not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the loan amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. PASSED AND APPROVED this 4th day of April, 2022. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor -5 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the 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 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 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 the 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. SEAL i WITNESS my hand and the seal of the Council hereto affixed this 4th day of April, 2022. 1# Kelley Felchle, City Clerk, City of Waterloo, State of Iowa