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HomeMy WebLinkAbout2023-003 - $60,000,000 - Signed - Fixing - Waterloo MCU - CUR CLN (02168819x7F7E1) ITEMS TO INCLUDE ON AGENDA FOR MARCH 8, 2023 BOARD OF TRUSTEES OF THE WATERLOO MUNICIPAL COMMUNICATIONS UTILITY, WATERLOO, IOWA Not to exceed $60,000,000 Communications Utility Revenue Capital Loan Notes  Resolution fixing date for a meeting on the proposition to authorize a Loan Agreement and the issuance of Notes to evidence the obligations of the City thereunder. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. - 1 - March 8, 2023 The Board of Trustees of the Waterloo Municipal Communications Utility, Waterloo, State of Iowa, met in regular session, in the Harold E. Getty Council Chambers, 715 Mulberry Street, Waterloo, Iowa, at 4:00 P.M., on the above date. There were present Chairperson Andy Van Fleet in the chair, and the following named Board Members: Andy Van Fleet, Ted Batemon, Rich Kurtenbach, and Mike Young Absent: None. Vacant: One. * * * * * * * - 2 - Board Member Young introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $60,000,000 COMMUNICATIONS UTILITY REVENUE CAPITAL LOAN NOTES OF THE CITY OF WATERLOO, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Board Member Batemon seconded the motion to adopt. The roll was called and the vote was, AYES: Van Fleet, Batemon, Kurtenbach, and Young NAYS: None Whereupon, the Chairperson declared the resolution duly adopted as follows: RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $60,000,000 COMMUNICATIONS UTILITY REVENUE CAPITAL LOAN NOTES OF THE CITY OF WATERLOO, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Waterloo, State of Iowa, should provide for the authorization of a Loan Agreement and the issuance of Communications Utility Revenue Capital Loan Notes, to the amount of Not to exceed $60,000,000, as authorized by Sections 384.24A and 384.83, of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out project(s) as hereinafter described; and WHEREAS, the Loan Agreement and Notes shall be payable solely and only out of the Net Revenues of the Municipal Communications Utility and shall be a first lien on the future Net Revenues of the Utility; and shall not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by reason of the failure of the Net Revenues to be sufficient for the payment of the Loan Agreement and Notes; and WHEREAS, before the Loan Agreement and Notes may be issued, it is necessary to comply with the provisions of the Code, and to publish a notice of the proposal to issue such notes and of the time and place of the meeting at which the Board proposes to take action for the authorization of the Loan Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the City to such action. - 3 - NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE WATERLOO MUNICIPAL COMMUNICATIONS UTILITY OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. That this Board meet in the Harold E. Getty Council Chambers, 715 Mulberry Street, Waterloo, Iowa, at 4:00 P.M., on the 22nd day of March, 2023, for the purpose of taking action on the matter of the authorization of a Loan Agreement and the issuance of Not to exceed $60,000,000 Communications Utility Revenue Capital Loan Notes, the proceeds of which notes will be used to provide funds to pay the costs of acquisition, construction, improving, equipping and designing of all or part of the Municipal Communications Utility, including the acquisition, installation and construction of a fiber-to-the-premise communications system and related infrastructure, equipment and facilities, including conduit, fiber, vaults, pedestals, fiber management frame, FDH and splitter cabinets, multiport service terminals, handholes, splice cases, customer premise electronics, customer connections to fiber system infrastructure, the acquisition of vehicles, trucks and construction and maintenance equipment, the construction of a new communications building or the acquisition, reconstruction and remodeling of a communications building, the furnishing and equipping thereof, computer system hardware and software, billing system, related site improvements including parking, and other miscellaneous improvements, extensions and equipment purchases to benefit the Utility. Section 2. That the Secretary is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the Notes. Section 3. The notice of the proposed action to issue notes shall be in substantially the following form: - 4 - (To be published on or before: March 17, 2023) NOTICE OF MEETING OF THE BOARD OF TRUSTEES OF THE WATERLOO MUNICIPAL COMMUNICATIONS UTILITY OF THE CITY OF WATERLOO, STATE OF IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $60,000,000 COMMUNICATIONS UTILITY REVENUE CAPITAL LOAN NOTES, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Board of Trustees of the Waterloo Municipal Communications Utility of the City of Waterloo, State of Iowa, will hold a public hearing on the 22nd day of March, 2023, at 4:00 P.M., in the Harold E. Getty Council Chambers, 715 Mulberry Street, Waterloo, Iowa, at which meeting the Board proposes to take additional action for the authorization of a Loan Agreement and the issuance of Not to exceed $60,000,000 Communications Utility Revenue Capital Loan Notes, to provide funds to pay the costs of acquisition, construction, improving, equipping and designing of all or part of the Municipal Communications Utility, including the acquisition, installation and construction of a fiber-to-the- premise communications system and related infrastructure, equipment and facilities, including conduit, fiber, vaults, pedestals, fiber management frame, FDH and splitter cabinets, multiport service terminals, handholes, splice cases, customer premise electronics, customer connections to fiber system infrastructure, the acquisition of vehicles, trucks and construction and maintenance equipment, the construction of a new communications building or the acquisition, reconstruction and remodeling of a communications building, the furnishing and equipping thereof, computer system hardware and software, billing system, related site improvements including parking, and other miscellaneous improvements, extensions and equipment purchases to benefit the Utility. The Notes will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the Net Revenues of the Municipal Communications Utility. At the above meeting the Board shall receive oral or written objections from any resident or property owner of the City to the above action. After all objections have been received and considered, the Board will at the meeting or at any adjournment thereof, take additional action for the authorization of a Loan Agreement and the issuance of the Notes to evidence the obligation of the City thereunder or will abandon the proposal to issue said Notes. This notice is given by order of the Board of Trustees of the Waterloo Municipal Communications Utility of the City of Waterloo, State of Iowa, as provided by Sections 384.24A and 384.83 of the Code of Iowa. Dated this 8th day of March, 2023. Secretary of the Board of Trustees, Waterloo Municipal Communications Utility, Waterloo, State of Iowa (End of Notice) - 5 - PASSED AND APPROVED this 8th day of March 2023. Chairperson of the Board of Trustees ATTEST: Secretary of the Board of Trustees CERTIFICATE STATE OF IOWA COUNTY OF BLACK HAWK ) ) SS ) I, the undersigned Secretary of the Board of Trustees of the Waterloo Municipal Communications Utility, Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the Board of Trustees showing proceedings of the Board, and the same is a true and complete copy of the action taken by the Board 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 Board 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 Board pursuant to the local rules of the Board 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 offices as indicated therein, that no Board 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 Board hereto affixed this 8th day of March, 2023. (SEAL) Secretary of the Board of Trustees, Waterloo Municipal Communications Utility, Waterloo, State of Iowa CERTIFICATE STATE OF IOWA COUNTY OF BLACK HAWK ) ) SS ) I, the undersigned, do hereby certify that I am now and was at the times hereinafter mentioned, the duly qualified and acting Secretary of the Board of Trustees of the Waterloo Municipal Communications Utility, City of Waterloo, in the County of Black Hawk, State of Iowa, and that as such Secretary and by full authority from the Board of the City, I have caused a NOTICE OF MEETING OF THE BOARD OF TRUSTEES OF THE WATERLOO MUNICIPAL COMMUNICATIONS UTILITY, WATERLOO, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $60,000,000 COMMUNICATIONS UTILITY REVENUE CAPITAL LOAN NOTES, OF THE CITY OF WATERLOO, AND THE HEARING ON THE ISSUANCE THEREOF of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures a correct and complete copy, to be published as required by law in the "Waterloo/Cedar Falls Courier", a legal newspaper published at least once weekly, printed wholly in the English language, published regularly and mailed through the post office of current entry for more than two years and which has had for more than two years a bona fide paid circulation recognized by the postal laws of the United States, and has a general circulation in the City, and that the Notice was published in all of the issues thereof published and circulated on the following date: March 13, 2023. WITNESS my official signature this 13th day of March, 2023. (SEAL) Secretary of the Board of Trustees, Waterloo Municipal Communications Utility, Waterloo, State of Iowa 02168819-1\24268-001