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HomeMy WebLinkAbout2022-440-07.18.2022 Special Election on issuance ITEMS TO INCLUDE ON AGENDA FOR JULY 18, 2022 CITY OF WATERLOO,IOWA Not to Exceed $20,000,000 General Obligation Capital Loan Notes. • Resolution calling special election on the issuance. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. JUL 2 5 2022 July 18,2022 The City Council of the City of Waterloo, Iowa, met in regular session, in the Council Chambers, City Hall, 715 Mulberry St, Waterloo, Iowa, at 5:30 P.M., on the above date. There were present Mayor Pro Tern,Ray Feuss, in the chair, and the following named Council Members: Dave Boesen, Rob Nichols, Jerome Amos, John Chiles,Nia Wilder and Johathan Grieder Absent: None Vacant: None * * * * * * * * * -1- JUL 2 5 2027 The City Council then proceeded to discuss the matter of calling a special City election. Council Member: Boesen introduced the following Resolution entitled 'RESOLUTION CALLING A SPECIAL CITY ELECTION ", and moved its adoption. Council Member: Chiles seconded the motion to adopt. The roll was called and the vote was, AYES: Boesen, Nichols,Amos, Chiles, Grieder, Wilder and Feuss NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 2022-440 RESOLUTION CALLING A SPECIAL CITY ELECTION WHEREAS, the City of Waterloo, Iowa,proposes to contract indebtedness and issue general obligation capital loan notes to provide funds to pay costs of a general corporate purpose project hereinafter described; and WHEREAS, Section 384.26 of the Code of Iowa, provides that before the Council may institute proceedings for the issuance of notes for a general corporate purpose, it shall call a special city election to vote upon the proposition of issuing notes in accordance with the provisions of such statute; and WHEREAS,neither the proposal for the issuance of the notes hereinafter set forth,nor any other proposal incorporating any portion of it, has or will have been submitted to the registered voters of the City for a period of more than six months prior to the date of election hereinafter provided; and WHEREAS, "Waterloo/Cedar Falls Courier", is a legal newspaper, printed wholly in the English language, as defined by Section 618.3 of the Code of Iowa, and is published in the City and of general circulation therein. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CITY OF WATERLOO, IOWA: Section 1. That there is hereby called a special City election on Tuesday, the 13th day of September,2022, at which election there shall be submitted to the registered voters of the City the following question,to-wit: "Shall the City of Waterloo, Iowa, enter into a loan agreement and issue its General Obligation Capital Loan Notes in an amount not exceeding the amount of$20,000,000 for the purpose of paying costs of designing, acquiring, constructing, installing and equipping all or part of a fiber optic backbone and fiber to the premise broadband communications system and related infrastructure, equipment and facilities, including the -2- JUL 2 5 7f 7? connection of key City facilities to support the City's current and future functions and services and for the provision of Municipal Communications Utility services?" Section 2. That the voting place or places for the election, and the hours the polls shall be opened and closed shall be as set out in the notice of election, such notice to be prepared and approved by the County Commissioner of Elections. Section 3. That the form of ballot to be used at the election shall be of the type authorized by the Code of Iowa that will permit the use of electronic counters and will be in substantially the form set forth in the Notice of Election. That, if more than one public measure shall be submitted to the electors at the time of the election, all such measures shall be printed upon one ballot. Section 4. That the Election Board for the voting precinct or precincts shall be appointed by the County Commissioner of Elections, not less than 15 days before the date of said election, a certified copy of which appointment shall be officially placed on file in the office of the Clerk of the City. Section 5. That the Auditor of Black Hawk County, Iowa, being the County Commissioner of Elections, is hereby directed to publish the notice of election once in the "Waterloo/Cedar Falls Courier",being a legal newspaper,printed wholly in the English language, as defined by Section 618.3 of the Code of Iowa, published in the City and of general circulation therein, the publication to be not less than four clear days nor more than twenty days prior to the date of the election. Section 6. That the County Commissioner of Elections shall cause to be prepared all such ballots and election registers and other supplies as may be necessary for the proper and legal conduct of said election. The Clerk is hereby authorized and directed to cooperate with said Commissioner of Elections and to do and prepare all necessary matters in order to make said election legal and valid. Section 7. That the Clerk is hereby directed to file a certified copy of this Resolution in the office of the County Commissioner of Elections,which filing shall also constitute the "written notice" to the County Commissioner of Elections of the election date required to be given by the governing body under the provisions of Chapter 47 of the Code of Iowa. PASSED AND APPROVED this 18th day of July, 2022. kc. Feu.55 Ray Feuss, Mayor Pro Tem ATTEST: Kelley Fe(chfe S,C4E Kelley Felchle, City Clerk -3- JUL 2 5 2022 2�Receipt of a certified copy of the foregoing resolution is hereby acknowledged this day of 3 -( , 2022. l Black Hawk County uditor and County Commissioner of Elections -4- JUL 2 5 2022 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of the City of Waterloo, Iowa, 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; 1 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. WITNESS my hand and the seal of the Council hereto affixed this 18th day of July, 2022. Kelley F'eCcf(eCNEq City Clerk, City of Waterloo, Iowa, State of SEAL Iowa 0 * 0 t 424 .00.+ w j 02077466-1\11310-134 Al 5 7022