HomeMy WebLinkAbout2024-094-02.19.2024- Hearing Proceedings 2024A Sewer SRF (02301180x7F7E1)ITEMS TO INCLUDE ON AGENDA
CITY OF WATERLOO, IOWA
Not to Exceed $8,500,000 Sewer Revenue Capital Loan Notes (State of Iowa Revolving Fund
Loan)
• Public hearing on the authorization of a Loan and Disbursement Agreement and the
issuance of Notes to evidence the obligation of the City thereunder.
• Resolution instituting proceedings to take additional action.
NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE
CHAPTER 21 AND THE LOCAL RULES OF THE CITY.
February 19, 2024
The City Council of the City of Waterloo, State of Iowa, met in the Council Chambers,
City Hall, 715 Mulberry Street, Waterloo, Iowa, at 5:00 o'clock P.M., on the above date. There
were present Mayor Pro Tem Ray Feuss, in the chair, and the following named Council
Members:
Boesen, Nichols, Creighton -Smith, Chiles, Wilder and Simon
Absent: None
The Mayor Pro Tem announced that this was the time and place for the public hearing
and meeting on the matter of the authorization of a Loan and Disbursement Agreement by and
between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance
Authority of not to exceed $8,500,000 Sewer Revenue Capital Loan Notes to evidence the
obligations of the City under said Loan and Disbursement Agreement, 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 the Titus Lift Station project, and that notice of the proposed action by the City
Council to institute proceedings for the authorization of the Loan and Disbursement Agreement
and the issuance of the Notes had been published pursuant to the provisions of Sections 384.24A
and 384.83, as amended.
The Mayor Pro Tem 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 Pro Tem then called for
oral objections to the proposal and none were made. Whereupon, the Mayor Pro Tem declared
the time for receiving oral and written objections to be closed.
The City Council then considered the proposed action and the extent of objections
thereto.
Whereupon, Council Member Boesen introduced and delivered to the Clerk the
Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AND
DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $8,500,000
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 , 2024, at this
place.
Council Member Chiles seconded the motion. The roll was called and the vote was,
AYES: Boesen, Nichols, Creighton -Smith, Chiles, Wilder, Simon
and Feuss
NAYS: None
Whereupon, the Mayor Pro Tem declared the measure duly adopted.
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RESOLUTION NO. 2024-094
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORIZATION OF A
LOAN AND DISBURSEMENT AGREEMENT AND THE
ISSUANCE OF NOT TO EXCEED $8,500,000 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 a
Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority,
and the issuance to the Iowa Finance Authority of not to exceed $8,500,000 Sewer Revenue
Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement
Agreement, 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 the Titus Lift Station project, 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:
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 a Loan and Disbursement Agreement 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 $8,500,000 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
Agreement 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 agreement. The amounts
so advanced shall be reimbursed from the proceeds of the Loan Agreement not later than
eighteen months after the initial payment of the capital expenditures or eighteen months after the
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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 19th day of February, 2024.
ATTEST:
Kelley Felchle, City Clerk
Ray Feuss, Mayor Pro Tem
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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.
WITNESS my hand and the seal of the Council hereto affixed this 19th day of February,
2024.
7(elley Felchle
DIGITALLY
SIGNED
Kelley Felchle, City Clerk, City o
State of Iowa
02301180\11310-167
Waterloo,