HomeMy WebLinkAbout1981-300-06.08.1981 RESOLUTION NO. 19 81-300
RESOLUTION AUTHORIZING THE ISSUANCE OF $650 , 000 IN
• AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF WATERLOO,
IOWA, INDUSTRIAL DEVELOPMENT REVENUE BONDS ( FORWARD
BROADCASTING OF IOWA, INC. PROJECT) SERIES 1981 , WITH • 1;
; - THE PROCEEDS FROM THE SALE OF THE BONDS TO BE LOANED TO
FORWARD BROADCASTING OF IOWA, INC. , FOR THE PURPOSE OF
FINANCING THE COST OF THE ACQUISITION, CONSTRUCTION,
IMPROVING AND EQUIPPING OF A COMMERCIAL ENTERPRISE
LOCATED WITHIN THE CITY OF WATERLOO, IOWA CONSISTING OF !;
A COMMERCIAL BROADCASTING STUDIO; THE EXECUTION AND
DELIVERY OF A BOND PURCHASE AGREEMENT AND ASSIGNMENT TO
SECURE SAID BONDS ; THE EXECUTION AND DELIVERY OF A LOAN
AGREEMENT BETWEEN THE CITY AND FORWARDING BROADCASTING
OF IOWA, INC. ; THE ASSIGNMENT BY THE CITY TO THE
ORIGINAL PURCHASER OF THE RIGHTS AND INTEREST OF THE
CITY IN AND TO SAID LOAN AGREEMENT; THE SALE OF SAID
itBONDS ; AND RELATED MATTERS.
WHEREAS, the City of Waterloo , Iowa ( the "City" ) proposes
to issue its Industrial Development Revenue Bonds ( Forward
Broadcasting of Iowa , Inc . Project) Series 1981 , in the
aggregate principal amount of $650 , 000 (the "Bonds" ) with the
• proceeds from the sale of the Bonds to be loaned by the City to
Forward Broadcasting of Iowa , Inc . , a corporation organized and
existing under the laws of the State of Iowa ( the "Company" ) ,
for the purpose of financing the cost of the acquisition,
construction, improving and equipping of a commercial
enterprise located within the City of Waterloo , Iowa ,
consisting of the acquisition of land and the construction,
improving and equipment of structures , buildings and
improvements thereon, all to be suitable for use as a
commercial broadcasting studio , including offices and related
• facilities ( the "Project" ) , the Project to be owned by Company,
with the financing of the Project to be undertaken in
accordance with the provisions of Chapter 419 of the Code of
Iowa ( the "Act" ) and Chapter 403 of the Code of Iowa ; and
' WHEREAS, the City Council of the City has determined the
Project is located within the area of and is consistent with
,hand authorized by the City' s Downtown Waterloo Urban Renewal
and Redevelopment Plan ( the "Urban Renewal Plan" ) adopted by
, !``the City pursuant to Chapter 403, Code of Iowa , and there is a
Public need in the City and its surrounding environs for imple-
•
aentation of said Urban Renewal Plan , which will promote urban
"i .renewal , rehabilitation and redevelopment of the City, will
'eliminate blighted areas within the City and promote employment
• ':- 40PPortunities for residents of the City and the surrounding
atea; and
'
•
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,
Li-.':
WHEREAS, the Bonds are to be issued pursuant to provisions
of this Resolution and a Bond Purchase Agreement and Assignment
( the "Bond Purchase Agreement") dated as of June 1, 1981,
between the City and The National Bank of Waterloo, as Original 4,f _ . . Purchaser thereunder ( the "Original Purchaser" ) ; and
lkWHEREAS, the proceeds from the sale of the Bonds are to be
loaned by the City to the Company pursuant to provisions of
a Loan Agreement ( the "Loan Agreement" ) dated as of June 1,
1981, between the City and the Company; and
WHEREAS, the rights and interest of the City in and to the
( ` Loan Agreement will be assigned by the City to the Original
Purchaser pursuant to the Bond Purchase Agreement; and
WHEREAS, pursuant to published notice of intention this
City Council has conducted a public hearing ,
Section 419 . 9 of the Act, and this City Council has udeemed ired yit
to be in the best interests of the City that the Bonds be
_ u, : issued as proposed; and
WHEREAS, pursuant to the Bond Purchase Agreement the City
has arranged for the sale of the Bonds to The National Bank of
4.
Waterloo as the "Original Purchaser" of the Bonds; and
WHEREAS, there has been presented to this meeting the
following documents , which the City proposes to enter into :
. `. 1 . The form of Loan Agreement; and
2. The form of Bond Purchase Agreement;
3. The form of an Inducement and Indemnity Letter dated
June 8 , 1981 (the "Inducement Letter" ) to the Original Pur-
chaser and the City from the Company and Forward Communications
Corporation, a Wisconsin corporation and the owner of 100% of
the outstanding stock of the Company,
nder
a that certain Guaranty Agreement dated as ofthe June r1,1t1981or u,
between said Guarantor and the Original Purchaser ;
, and
11'
4 . The form of the Bonds, as set forth in the Bond
Purchase Agreement.
WHEREAS, it appears that each of the instruments above referred to , which are now before each of the Council Members
of the City Council , is in appropriate ppropr iate form and is an appro-
priate instrument for the purposes intended;
7. NOW, THEREFORE, Be It Resolved by the City Council of the
K;. City of Waterloo, Iowa , as follows :
i
'fir
.ss
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Section 1. That the City finance the cost of acquiring ,
constructing , improving and equipping a commercial enterprise
located within the area of and consistent with the Urban
if Renewal Plan of the City, consisting of the acquisition of land
and the construction, improving and equipment of structures ,
buildings and improvements thereon, all to be suitable for use
as a commercial broadcasting studio , including offices and
related facilities ( the "Project") , by issuing the Bonds and
loaning the proceeds of the sale of the Bonds to Comp
any.
Section 2. That in order to finance the cost of the
Project, the issuance of the Bonds in the aggregate principal
amount of $650, 000 maturing on such dates , in such amounts and
bearing rates of interest as set forth in the Bond Purchase
Agreement , in substantially the form and content set forth in
the Bond Purchase Agreement now before this meeting ,
appropriate insertion and revision in order to complyswithct to
pro
visions of the Bond Purchase Agreement, be and the same hereby-
( are in all respects authorized , approved and confirmed , and the
form and content of the Bonds set forth in the Bond Purchase
=-"' Agreement now before this meeting be and the same hereby are in
ems: all respects authorized , approved and confirmed , and the Mayor
and the City Clerk be and they hereby are authorized , empowered
and directed to execute , whether by manual or facsimile signa-
tures , impress the official seal of the City ( or cause to have
printed a facsimile thereof) thereon and deliver for and on
N. behalf of the City the Bonds to the Original Purchaser , and the
Jo
provisions of the Bond Purchase Agreement with respect to the
' Bonds ( including without limitation the maturity dates , rates
rr of redemption
est inter and redem
are neestzed a P provisions) be and the same hereby
approved and confirmed and are incorporated
herein by reference .
11
Section 3 . That the City loan to Company the proceeds from
-`, the sale of the Bonds pursuant to the Loan Agreement , which
v provides for repayment by Company of such loan in an amount
equal to principal of, premium, if any, and interest on the
Bonds when and as due , and the form and content of the Loan
.
Agreement, the provisions of which are incorporated herein by
reference , be and the same hereby are in all respects autho-
rized , approved and confirmed and the Mayor and the City Clerk
be and they hereby are authorized , empowered and directed to
execute , attest , seal and deliver the Loan Agreement prior to
or simultaneously with the issuance of the Bonds for and on
behalf of the City,y, including necessary counterparts in
substantially the form and content now before this meeting but
with such changes , modifications, additions or deletions
therein as shall to them seem necessary, desirable or appro-
priate , their execution thereof to constitute conclusive evi-
Bence of their approval of any and all changes, modifications ,
-5-
additions or deletions therein from the form and content of the
Loan Agreement now before this meeting
and that from and after
the execution and delivery of the Loan Agreement, the Mayor and
the City Clerk are hereby authorized , empowered and directed to
=: =r` do all such acts and things and to execute all such documents
as may be necessary to carry out and comply with the provisions
of the Loan Agreement as executed .
Section 4 . That The National Bank of Waterloo, is hereby
appointed agent and depository for the City ( solely for
purposes of the Bonds and related matters) under the Bond
Purchase Agreement and the form and content of the Bond
Purchase Agreement, the provisions of which are incorporated
herein by reference , and the assignment of the City' s rights
and interest in and to the Loan Agreement (with certain
exceptions as stated in the Bond Purchase Agreement) , be and
the same hereby are in all respects authorized , approved and
confirmed , and the Mayor and the City Clerk be and they hereby
are authorized , empowered and directed to execute , attest, seal
and deliver the Bond Purchase Agreement for and on behalf of
the City to the Original Purchaser for the security of the
Bonds and the interest thereon, including necessary
counterparts in substantially the form and content now before
this meeting but with such changes, modifications, additions
and deletions therein as shall to them seem necessary,
desirable or appropriate , their execution thereof to constitute
conclusive evidence of their approval of any and all changes ,
modifications, additions or deletions therein from the form and
content of the Bond Purchase Agreement now before this meeting ,
and that from and after the execution and delivery of the Bond
Purchase Agreement, the Mayor and the City Clerk are hereby
authorized , empowered , and directed to do all such acts and
things and to execute all such documents as may be necessary to
carry out and comply with the provisions of the Bond Purchase
Agreement.
Section 5 . That the sale of the Bonds to the Original
Purchaser at the purchase price of 100% of the par value
thereof subject to the terms and conditions set forth in the
Bond Purchase Agreement, is hereby authorized , approved and
confirmed .
Section 6 . That the form and content of the Inducement
Letter be and the same hereby are authorized , approved and con-
firmed and the Mayor be, and he hereby is , authorized ,
empowered and directed to accept the Inducement Letter for and
on behalf of the City by execution thereof, including necessary
counterparts in the form and content now before this meeting ,
and that from and after the execution and delivery of the
Inducement Letter , the Mayor and the City Clerk are hereby
authorized , empowered and directed to do all such acts and
things and to execute all such documents as may be necessary to
carry out and comply with the provisions of the Inducement
Letter as executed .
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UAW
Section 7 . That the Mayor and the City Clerk of the City
be and they hereby are authorized to execute and deliver for
and on behalf of the City any and all additional certificates,
documents, opinions or other papers and
perform
( including without limitation the filing of any financing sta-
tements or any other documents to create and maintain a
security interest on the properties and revenues pledged or
assigned under the Bond Purchase Agreement and the Loan
Agreement and the execution of all closing documents as may be
required by Messrs . Ahlers , Cooney, Dorweiler , Haynie & Smith,
as Bond Counsel , and the acceptance of any documentation evi-
dencing indemnification of the City by Company in connection
with the transactions contemplated hereby)
necessary or appropriate in order to implementthe and carrydeem
the intent and purposes of this Resolution.
Section 8 . That the Loan Agreement requires Company in
each year , to pay amounts as Loan Pa
principal of, premium, if yments sufficient to pay the
ri cs al and emepaymentany, and interest on the Bonds when
Trustee of such amounts by Company to the
pursuant to the Loan Agreement is hereby authorized ,
approved and confirmed .
Section 9 . That the Bonds are limited obligations of the
City, payable solely out of the Loan Payments required to be
paid by Company pursuant to and in accordance with
of the Loan Agreement and as provided in the Bond Purchase
Agreement, and are secured pursuant to and in accordance with
provisions of the Bond Purchase Agreement . The Bonds and
interest thereon shall never constitute an indebtedness of the
1 City, within the meaning of any state constitutional provision
or statutory limitation, and shall not
liability of the City or a charge againstgive itsigenere tr al c a creuiredit or
or
taxing powers. g
Section 10. That the provisions of this Resolution are
hereby to be separable and if any section, phrase or provision
shall for any reason be declared to be invalid , such declara-
tion shall not affect the validity of the remainder of the
sections, phrases or provisions.
Section 11. All Resolutions and Orders or
parts
in conflict herewith are, to the extent of suchconflict,eof,
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4 4,
hereby repealed and this Resolution shall be in full force and
• 1- effect immediately upon its adoption.
Adopted and approved this 8th day of June, 1981.
iftk-
City of Waterloo, Iowa
4' (Seal)
Leo P. Rooff, Mayor
Attest :
/21
Larry . ger , Ci Clerk
/ *.
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-8-
MIAOW
Waterloo, Iowa , June 8 , 1981 .
The City Council of Waterloo , Iowa , met on the above date
at 7 : 00 o' clock P.M. , in open regular session , in the Council
Chambers, City Hall , in Waterloo , Iowa , pursuant to law and the
rules of said Council .
The meeting was called to order by Leo P. Rooff , Mayor ,
presiding , and on roll call the following Council Members were
present:
Getty
Wilharm
Roehr
Dowie
Penaluna
Bowers
Burton
Absent:
None
* * * * * * *
-1-
Matters were discussed relative to final authorization and
issuance of $650, 000 in aggregate principal amount of the
City' s Industrial Development Revenue Bonds ( Forward
Broadcasting of Iowa , Inc . Project) Series 1981 . Following a
report on the proposed Project by representatives of said
Company and a discussion of the Bond issue , Council Member
Wilharm introduced the following Resolution in written
form and moved its adoption . Council Member Getty
seconded the motion to adopt . After due consideration of said
motion, the roll was called and the Resolution was adopted by
the following vote :
AYES: Getty
Wilharm
Roehr
Dowie
Penaluna
Bowers
_ Burton
NAYS: None
The Resolution was thereupon signed by the Mayor and in
evidence of his approval , was attested by the Deputy City
Clerk, and was declared to be effective . The Resolution is as
follows :
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RESOLUTION NO. 1981-300
RESOLUTION AUTHORIZING THE ISSUANCE OF $650 , 000 IN
AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF WATERLOO,
IOWA, INDUSTRIAL DEVELOPMENT REVENUE BONDS ( FORWARD
BROADCASTING OF IOWA, INC . PROJECT) SERIES 1981 , WITH
THE PROCEEDS FROM THE SALE OF THE BONDS TO BE LOANED TO
FORWARD BROADCASTING OF IOWA, INC. , FOR THE PURPOSE OF
FINANCING THE COST OF THE ACQUISITION, CONSTRUCTION,
IMPROVING AND EQUIPPING OF A COMMERCIAL ENTERPRISE
LOCATED WITHIN THE CITY OF WATERLOO, IOWA CONSISTING OF
A COMMERCIAL BROADCASTING STUDIO; THE EXECUTION AND
DELIVERY OF A BOND PURCHASE AGREEMENT AND ASSIGNMENT TO
SECURE SAID BONDS ; THE EXECUTION AND DELIVERY OF A LOAN
AGREEMENT BETWEEN THE CITY AND FORWARDING BROADCASTING
OF IOWA, INC. ; THE ASSIGNMENT BY THE CITY TO THE
ORIGINAL PURCHASER OF THE RIGHTS AND INTEREST OF THE
CITY IN AND TO SAID LOAN AGREEMENT; THE SALE OF SAID
BONDS ; AND RELATED MATTERS.
WHEREAS, the City of Waterloo , Iowa ( the "City" ) proposes
to issue its Industrial Development Revenue Bonds ( Forward
Broadcasting of Iowa , Inc . Project) Series 1981 , in the
aggregate principal amount of $650 , 000 (the "Bonds" ) with the
proceeds from the sale of the Bonds to be loaned by the City to
Forward Broadcasting of Iowa , Inc . , a corporation organized and
existing under the laws of the State of Iowa ( the "Company" ) ,
for the purpose of financing the cost of the acquisition ,
construction, improving and equipping of a commercial
enterprise located within the City of Waterloo , Iowa ,
consisting of the acquisition of land and the construction,
improving and equipment of structures , buildings and
improvements thereon , all to be suitable for use as a
commercial broadcasting studio , including offices and related
facilities ( the "Project" ) , the Project to be owned by Company,
with the financing of the Project to be undertaken in
accordance with the provisions of Chapter 419 of the Code of
Iowa ( the "Act" ) and Chapter 403 of the Code of Iowa ; and
WHEREAS, the City Council of the City has determined the
Project is located within the area of and is consistent with
and authorized by the City' s Downtown Waterloo Urban Renewal
and Redevelopment Plan ( the "Urban Renewal Plan" ) adopted by
the City pursuant to Chapter 403, Code of Iowa , and there is a
public need in the City and its surrounding environs for imple-
mentation of said Urban Renewal Plan , which will promote urban
renewal , rehabilitation and redevelopment of the City, will
eliminate blighted areas within the City and promote employment
opportunities for residents of the City and the surrounding
area ; and
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WHEREAS, the Bonds are to be issued pursuant to provisions
of this Resolution and a Bond Purchase Agreement and Assignment
( the "Bond Purchase Agreement" ) dated as of June 1, 1981 ,
between the City and The National Bank of Waterloo , as Original
Purchaser thereunder ( the "Original Purchaser" ) ; and
WHEREAS, the proceeds from the sale of the Bonds are to be
loaned by the City to the Company pursuant to provisions of
a Loan Agreement ( the "Loan Agreement" ) dated as of June 1,
1981, between the City and the Company; and
WHEREAS, the rights and interest of the City in and to the
Loan Agreement will be assigned by the City to the Original
Purchaser pursuant to the Bond Purchase Agreement; and
WHEREAS, pursuant to published notice of intention this
City Council has conducted a public hearing , as required by
Section 419 . 9 of the Act, and this City Council has deemed it
to be in the best interests of the City that the Bonds be
issued as proposed; and
WHEREAS, pursuant to the Bond Purchase Agreement the City
has arranged for the sale of the Bonds to The National Bank of
Waterloo as the "Original Purchaser" of the Bonds; and
WHEREAS, there has been presented to this meeting the
following documents , which the City proposes to enter into :
1 . The form of Loan Agreement; and
2. The form of Bond Purchase Agreement;
3. The form of an Inducement and Indemnity Letter dated
June 8 , 1981 ( the "Inducement Letter" ) to the Original Pur-
chaser and the City from the Company and Forward Communications
Corporation, a Wisconsin corporation and the owner of 100% of
the outstanding stock of the Company, as the Guarantor under
that certain Guaranty Agreement dated as of June 1, 1981,
between said Guarantor and the Original Purchaser ; and
4 . The form of the Bonds, as set forth in the Bond
Purchase Agreement .
WHEREAS, it appears that each of the instruments above
referred to , which are now before each of the Council Members
of the City Council , is in appropriate form and is an appro-
priate instrument for the purposes intended;
NOW, THEREFORE, Be It Resolved by the City Council of the
City of Waterloo, Iowa , as follows :
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Section 1. That the City finance the cost of acquiring ,
constructing , improving and equipping a commercial enterprise
located within the area of and consistent with the Urban
Renewal Plan of the City, consisting of the acquisition of land
and the construction, improving and equipment of structures ,
buildings and improvements thereon, all to be suitable for use
as a commercial broadcasting studio , including offices and
related facilities ( the "Project" ) , by issuing the Bonds and
loaning the proceeds of the sale of the Bonds to Company.
Section 2. That in order to finance the cost of the
Project, the issuance of the Bonds in the aggregate principal
amount of $650, 000 maturing on such dates , in such amounts and
bearing rates of interest as set forth in the Bond Purchase
Agreement , in substantially the form and content set forth in
the Bond Purchase Agreement now before this meeting , subject to
appropriate insertion and revision in order to comply with pro-
visions of the Bond Purchase Agreement, be and the same hereby
are in all respects authorized , approved and confirmed , and the
form and content of the Bonds set forth in the Bond Purchase
Agreement now before this meeting be and the same hereby are in
all respects authorized , approved and confirmed , and the Mayor
and the City Clerk be and they hereby are authorized , empowered
and directed to execute , whether by manual or facsimile signa-
tures , impress the official seal of the City ( or cause to have
printed a facsimile thereof) thereon and deliver for and on
behalf of the City the Bonds to the Original Purchaser , and the
provisions of the Bond Purchase Agreement with respect to the
Bonds ( including without limitation the maturity dates , rates
of interest and redemption provisions) be and the same hereby
are authorized , approved and confirmed and are incorporated
herein by reference .
Section 3 . That the City loan to Company the proceeds from
the sale of the Bonds pursuant to the Loan Agreement, which
provides for repayment by Company of such loan in an amount
equal to principal of, premium, if any, and interest on the
Bonds when and as due , and the form and content of the Loan
Agreement, the provisions of which are incorporated herein by
reference , be and the same hereby are in all respects autho-
rized , approved and confirmed and the Mayor and the City Clerk
be and they hereby are authorized , empowered and directed to
execute , attest , seal and deliver the Loan Agreement prior to
or simultaneously with the issuance of the Bonds for and on
behalf of the City, including necessary counterparts in
substantially the form and content now before this meeting but
with such changes , modifications, additions or deletions
therein as shall to them seem necessary, desirable or appro-
priate , their execution thereof to constitute conclusive evi-
dence of their approval of any and all changes , modifications ,
-5-
•
additions or deletions therein from the form and content of the
Loan Agreement now before this meeting , and that from and after
the execution and delivery of the Loan Agreement, the Mayor and
the City Clerk are hereby authorized , empowered and directed to
do all such acts and things and to execute all such documents
as may be necessary to carry out and comply with the provisions
of the Loan Agreement as executed .
Section 4 . That The National Bank of Waterloo , is hereby
appointed agent and depository for the City ( solely for
purposes of the Bonds and related matters) under the Bond
Purchase Agreement and the form and content of the Bond
Purchase Agreement, the provisions of which are incorporated
herein by reference , and the assignment of the City' s rights
and interest in and to the Loan Agreement (with certain
exceptions as stated in the Bond Purchase Agreement) , be and
the same hereby are in all respects authorized , approved and
confirmed , and the Mayor and the City Clerk be and they hereby
are authorized , empowered and directed to execute , attest , seal
and deliver the Bond Purchase Agreement for and on behalf of
the City to the Original Purchaser for the security of the
Bonds and the interest thereon, including necessary
counterparts in substantially the form and content now before
this meeting but with such changes , modifications, additions
and deletions therein as shall to them seem necessary,
desirable or appropriate , their execution thereof to constitute
conclusive evidence of their approval of any and all changes ,
modifications , additions or deletions therein from the form and
content of the Bond Purchase Agreement now before this meeting ,
and that from and after the execution and delivery of the Bond
Purchase Agreement, the Mayor and the City Clerk are hereby
authorized , empowered , and directed to do all such acts and
things and to execute all such documents as may be necessary to
carry out and comply with the provisions of the Bond Purchase
Agreement.
Section 5 . That the sale of the Bonds to the Original
Purchaser at the purchase price of 100% of the par value
thereof subject to the terms and conditions set forth in the
Bond Purchase Agreement, is hereby authorized , approved and
confirmed .
Section 6 . That the form and content of the Inducement
Letter be and the same hereby are authorized , approved and con-
firmed and the Mayor be , and he hereby is , authorized ,
empowered and directed to accept the Inducement Letter for and
on behalf of the City by execution thereof, including necessary
counterparts in the form and content now before this meeting ,
and that from and after the execution and delivery of the
Inducement Letter , the Mayor and the City Clerk are hereby
authorized , empowered and directed to do all such acts and
things and to execute all such documents as may be necessary to
carry out and comply with the provisions of the Inducement
Letter as executed .
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•
Section 7 . That the Mayor and the City Clerk of the City
be and they hereby are authorized to execute and deliver for
and on behalf of the City any and all additional certificates,
documents , opinions or other papers and perform all other acts
( including without limitation the filing of any financing sta-
tements or any other documents to create and maintain a
security interest on the properties and revenues pledged or
assigned under the Bond Purchase Agreement and the Loan
Agreement and the execution of all closing documents as may be
required by Messrs . Ahlers , Cooney, Dorweiler , Haynie & Smith,
as Bond Counsel , and the acceptance of any documentation evi-
dencing indemnification of the City by Company in connection
with the transactions contemplated hereby) as they may deem
necessary or appropriate in order to implement and carry out
the intent and purposes of this Resolution.
Section 8 . That the Loan Agreement requires Company in
each year , to pay amounts as Loan Payments sufficient to pay the
principal of, premium, if any, and interest on the Bonds when
and as due , and the payment of such amounts by Company to the
Trustee pursuant to the Loan Agreement is hereby authorized ,
approved and confirmed .
Section 9 . That the Bonds are limited obligations of the
City, payable solely out of the Loan Payments required to be
paid by Company pursuant to and in accordance with provisions
of the Loan Agreement and as provided in the Bond Purchase
Agreement, and are secured pursuant to and in accordance with
provisions of the Bond Purchase Agreement . The Bonds and
interest thereon shall never constitute an indebtedness of the
City, within the meaning of any state constitutional provision
or statutory limitation , and shall not give rise to a pecuniary
liability of the City or a charge against its general credit or
taxing powers .
Section 10. That the provisions of this Resolution are
hereby to be separable and if any section , phrase or provision
shall for any reason be declared to be invalid , such declara-
tion shall not affect the validity of the remainder of the
sections, phrases or provisions .
Section 11. All Resolutions and Orders or parts thereof,
in conflict herewith are , to the extent of such conflict,
-7-
hereby repealed and this Resolution shall be in full force and
effect immediately upon its adoption.
Adopted and approved this 8th day of June , 1981 .
City of Waterloo, Iowa
J
( Seal) .----e4.-7 'f r �
Leo P. Rooff, Ma 41
Attest :
i
z -- et/44 le/ 2 zi,..)
Larry , ger , City erk
-8-
CLERK'S CERTIFICATE
I, Larry P. Burger , being first duly sworn do hereby depose
and certify that I am the duly appointed , qualified , and acting
City Clerk of the City of Waterloo , in the County of Black Hawk ,
State of Iowa ; that as such I have in my possession , or have
access to , the complete corporate records of said City and of its
Council and officers ; that I have carefully compared the
transcript hereto attached with the aforesaid corporate records ;
that said transcript hereto attached is a true , correct and
complete copy of all the corporate records showing the action
taken by the City Council of said City at a meeting open to the
public on June 8 , 1981, for the purpose of considering a Resolu-
tion authorizing the issuance of $650 , 000 aggregate principal
amount of Industrial Development Revenue Bonds ( Forward
Broadcasting of Iowa , Inc . Project) Series 1981 , of the City of
Waterloo, Iowa , the execution and delivery of a Bond Purchase
Agreement and Assignment, the execution and delivery of a Loan
Agreement between the City and Forward Broadcasting of Iowa ,
Inc . , the Assignment by the City of the rights and interest of
the City in and to said Loan Agreement, the sale of said Bonds ,
and related matters; that said proceedings remain in full force
and effect and have not been amended or rescinded in any way;
that said meeting and all action thereat was duly and publicly
held , with members of the public in attendance , 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 28A, Iowa Code , and 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.
Witness my hand and the Corporate Seal of said City hereto
affixed this day of June, 1981 .
(SEAL) La ry P. B er , i y erk
State of Iowa
SS. :
County of Black Hawk )
Subscribed and sworn to before me this day, the date last
above written .
Notary (16 o ‘c_ CA,L,L,J
Public inand
(SEAL) for the
State of Iowa
-9-
(This Notice to be Posted)
NOTICE AND CALL OF COUNCIL MEETING
Governmental Body: The City Council of
Waterloo , Iowa .
Date of Meeting : June 8 , 1981
Time of Meeting : 7: 00 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 :
1. Resolution Authorizing the Issuance of $650, 000 in
Aggregate Principal Amount of the City of Waterloo , Iowa ,
Industrial Development Revenue Bonds ( Forward Broadcasting of
Iowa , Inc . Project) Series 1981 , With the Proceeds from the
Sale of the Bonds to be Loaned to Forward Broadcasting of Iowa ,
Inc . , for the Purpose of Financing the Cost of the Acquisition,
Construction, Improving and Equipping of a Commercial
Enterprise Located Within the City of Waterloo , Iowa Consisting
of a Commercial Broadcasting Studio; the Execution and Delivery
of a Bond Purchase Agreement and Assignment to Secure said
Bonds; the Execution and Delivery of a Loan Agreement Between
the City and Forward Broadcasting of Iowa , Inc . ; the Assignment
by the City to the Original Purchaser of the Rights and
Interest of the City in and to Said Loan Agreement; the Sale of
Said Bonds ; and Related Matters .
2. Such additional matters as are set forth on the addi-
tional page( s) attached hereto (attach copy of agenda) .
This notice is given at the direction of the Mayor , pur-
suant to Chapter 28A, Iowa Code, as amended , and the local
rules of said governmental body.
Lar�`'y . B f• er , C erk the
Ci oftaterloo , a
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