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HomeMy WebLinkAbout1981-522-10.19.1981 RESOLUTION 1981-522 RESOLUTION MAKING AWARD OF CONTRACT TO LEHMAN TRUCKING & EXCAVATING, INC. OF WATERLOO, IOWA FOR F.Y. 1981 WARREN DRIVE STORM SEWER OUTLET, CONTRACT NO. 209 IN THE AMOUNT OF $34,003. 00. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the bid of Lehman Trucking & Excavating, Inc. of Waterloo, Iowa, in the amount of $34,003.00, for the construction of the Waterloo, Iowa, F.Y. 1981 Warren Drive Storm Sewer Outlet, (Contract No. 209) , described in the plans and specifications heretofore adopted by this Council for said project, after public hearing on published notice required by law, be and is hereby accepted, the same being the lowest bid received for said work. The Mayor and Clerk are hereby directed to execute contract with the said contractor for the construction of said improvements, said contract not to be binding on the City until approved by this Council. Passed and approved, this 19th day of October, 1981. Leo P. Rooff, Mayor ATTEST: 'mar y P. urger, Ci Clerk • t O L'i H C) CII t17 t=7O ?COHO C) N s CD 3 O QJ O O H <4 <4 • � t ��'. H D tz H HOHOC) H H H H t j H 0 3 � R , ELA 0 O <4 H • O • so HZ c) ti [-iC) H s • Of 7 H eD <4 ooLi sOtiH trl a7 3 H tr" " C) Hs W rG trJ01H = OH lz; v L'� Ot7 :) o vI OtHw oR H • t11 0 0 Memorandum of Agreement Waterloo, Iowa October 15 , 1981 The City Council of Waterloo, Iowa, met in special session on the 15th day of October , 1981, at 11: 15 o' clock, a .m. , at the City Hall Council Chambers , in Waterloo, Iowa. The meeting was called to order and there were present Leo P. Rooff , Mayor, in the chair, and the following named Council Members: Getty, Wilharm, Roehr, Dowi P , Ppnaljiha and Rtirtnn Absent: RnwPr.s Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Code of Iowa. Whereupon, Council Member D9wj.e introduced a resolution entitled "A Resolution authorizing the execution of a Memorandum of Agreement with Keiper-Ilten Partnership" and moved its adoption; seconded by Council Member Wilharm, After due consideration of said resolution by the Council, the Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes : Getty, Wilharm, Roehr, Dowie, Penaluna and Burton. Absent: Bowers Nays: None Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. * * * * Upon motion and vote, the meeting adjourned. (74. 444?-164 Mayor , Leo P. Ro f Attest: Ci Cl , La P urger (Seal -1- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA 1981-517A RESOLUTION A Resolution authorizing the execution of a Memorandum of Agreement with Keiper-Ilten Partnership WHEREAS, the City of Waterloo, Iowa, in the County of Black Hawk, State of Iowa (the "Issuer" ) is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act" ) to issue revenue bonds or notes for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any commercial enterprise or non- profit organization which this Council finds is consistent with an urban renewal plan for an urban renewal area which has been designated by the City, pursuant to. Chapter 403 of the Code of Iowa, 1981, as amended ( "Chapter 403" ) ;- and WHEREAS, the Issuer has designated a certain area within the City as an urban renewal area, known as the City of Waterloo Downtown Urban Renewal and Redevelopment Area, and has adopted an urban renewal plan for such area, all in conformity with the provisions of Chapter 403; and WHEREAS, the Issuer has been requested by Keiper-Ilten Partnership (the "Company" ) to issue its revenue bonds pursuant to the Act for the purpose of financing the acquisition by construction or purchase of land, buildings, equipment and improvements suitable for the rehabilitation and renovation of an existing commercial building for use as office space, retail space and other commercial space (the "Project" ) ; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto has been presented to the Issuer, under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1 . It is hereby determined that the Project is located within the City of Waterloo Downtown Urban Renewal and Redevelopment Area and is consistent with the urban renewal plan approved for said Area. Section 2. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. -2- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA Section 3 . Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 4. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 15th day of October , 1981 . Mayor , Leo P. R o f Attest: City ler , Larry P. urger (Seal) -3- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Waterloo, Iowa, (the "Issuer" ) and Keiper-Ilten Partnership (the "Company" ) . 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1981, as amended (the "Act" ) to issue revenue bonds or notes for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any commercial enterprise or non- profit organization which this Council finds is consistent with the urban renewal plan for an urban renewal area which has been designated by the City, pursuant to Chapter 403 of the Code of Iowa, 1981, as amended ( "Chapter 403" ) . (b) The Company wishes to obtain satisfactory assurance from the Issuer that, subject to the public hearing required by the Act, such bonds will be issued by the Issuer and will be available to finance the costs of the acquisition by construction or purchase of land, buildings, equipment and improvements suitable for the rehabilitation and renovation of an existing commercial building for use as office space, retail space and other commercial space (the "Project" ) , which costs are presently estimated to be in an aggregate principal amount not to exceed $1, 000,000. (c) The Issuer considers that the acquisition and construction of the Project and the financing of the same will promote the welfare and prosperity of the Issuer and its citizens and secure the public purposes set forth in the Act. 2 . Undertakings on the Part of the Issuer. (a) The Issuer has established an urban renewal area, has adopted an urban renewal plan for such area and has determined that the Project is within such area and is consistent with such plan. (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act, it will cooperate with the Company in the issuance and sale of such bonds , and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. -4- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA 3 . Undertakings on the Part of the Company. (a) It will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) It will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemption premium, if any, on such bonds as and when the same shall become due and payable. (c) It will reimburse the Issuer for all reasonable and necessary direct out-of-pocket expenses which the Issuer may incur at the Company' s request arising from the execution of this Agreement and the performance by the Issuer of its obligation hereunder, whether or not such bonds are issued. 4. General Provisions . (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds . (b) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers . Dated this 15th day of October , 1981. City of Waterloo, Iowa Mayor, Leo P. Roo f Attest Cle , ry P. Bu r (Seal) Keiper-Ilten Partnership By -5- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA State of Iowa County of Black Hawk SS: City of Waterloo I , the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete official records of said City and of its Council and officers; and that I have carefully compared the transcript hereto attached with the aforesaid official records and that said transcript hereto attached is a true, correct and complete copy of all of the official records showing the action taken by the City Council of said City to authorize the execution of a Memorandum of Agreement by and between Keiper-Ilten Partnership and said City. WITNESS my hand and the seal of said City hereto affixed this 17th day of October , 1981. C. y C k, Larry . Burger (Seal) -6- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA Proceedings Fixing Date for Hearing Waterloo, Iowa October 15• , 1981 The City Council of Waterloo, Iowa, met in Special session on the 15th day of October , 1981, at 11:45 o' clock, a .m. , at the City Hall , in Waterloo, Iowa. The meeting was called to order and there were present Leo P. Rooff Mayor, in the chair, and the following named Council Members: Dowie, Burton, Getty Penaluna, Roehr, Wilharm Absent: RowPrs • Matters were discussed concerning the issuance of Industrial Development Revenue Bonds . Whereupon, Council Member Wilharm introduced a resolution entitled: "Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds, Series 1981 (Keiper-Ilten Partnership Project) " , and moved its adoption, seconded by Council Member Roehr . After due consideration of the said resolution by the Council, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Ayes: Dowie, Burton, Getty, penaluna, Roehr, Wilharm Nays: Absent: Bowers Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. * * * * On motion and vote, the meeting adjourned. 7-0-7( '.ICE Mayor Leo P. Rooff Attest: C ' y ler Larry P• rger (Seal) -1- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA 1981-517B RESOLUTION Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds, Series 1981 (Keiper-Ilten Partnership Project) WHEREAS, the City of Waterloo, Iowa, in the County of Black Hawk, State of Iowa (the "Issuer" ) is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act" ) and Chapter 403 of the Code of Iowa, 1981, as amended, to issue revenue bonds or notes for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any commercial enterprise or non-profit organization which this Council finds is consistent with an urban renewal plan for an urban renewal area which has been designated by the City; and WHEREAS, the Issuer has been requested by Keiper-Ilten Partnership (the "Company" ) , an Iowa partnership, to issue its revenue bonds to finance the cost of the acquisition by construction or purchase of land, buildings, equipment and improvements suitable for the rehabilitation and renovation of an existing commercial building for use as office space, retail space and other commercial space (the "Project" ) located within the Issuer, which will promote the welfare of the Issuer and its citizens; and WHEREAS, the City has determined that the Project is located within the City of Waterloo Downtown Urban Renewal and Redevelopment Area of the City and is consistent with the urban renewal plan approved for said Area; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Industrial Development Revenue Bonds, Series 1981 (Keiper-Ilten Partnership Project) of the Issuer in an aggregate principal amount not to exceed $1, 000, 000 (the "Bonds" ) and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. This Council shall meet at the City Hall Council Chambers in Waterloo, Iowa, on the a(lth day of frtnhar 1981, at 7 o' clock, P .m. , at which time and place a public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds . -2- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in Waterloo Courier , a newspaper published and having a general circulation within the Issuer. The notice shall be in substantially the following form: -3- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS SERIES 1981 (Keiper-Ilten Partnership Project) The City Council of the City of Waterloo, Iowa, (the "Issuer" ) will meet on the 30th day of October , 1981, at City Hall Council CHambersin Waterloo, Iowa, at 7 o' clock, p .m. , for the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue Bonds, Series 1981 (Keiper-Ilten Partnership Project) of the Issuer, in an aggregate principal amount not to exceed $1, 000, 000 (the "Bonds" ) , and to loan said amount to Keiper-Ilten Partnership (the "Company" ) , an Iowa partnership, for the purpose of defraying the cost, to that amount, of the acquisition by construction or purchase of land, buildings, equipment and improvements suitable for the rehabilitation and renovation of an existing commercial building for use as office space, retail space and other commercial space, to be located within the area of and consistent with the plan for the City of Waterloo Downtown Urban Renewal and Redevelopment Area. The Bonds, when issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 15th day of October , 1981 . Cit Clem Larry . rger -4- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA Section 3 . All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 15th day of October , 1981. (7 a- /*P4 Mayor, Leo P. Rooff Attest• it Cleric-, Larry P, 'rger (Seal) -5- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA State of Iowa County of Black Hawk SS: City of Waterloo I , the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City, and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the Council of said City to set a date for a public hearing on the proposal to issue Industrial _ Development Revenue Bonds, Series 1981 (Keiper-Ilten Partnership Project) in an aggregate principal amount not to exceed $1,000,000. WITNESS my official signature and the seal of said City this 17th day of October , 1981 . Ci y erk arry P. B er (Seal) -6- BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA