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HomeMy WebLinkAbout27357 )0, 27 $7 Waterloo , Iowa , November 17, 1980. The City of Waterloo , Iowa , met on the above date in the Council Chambers , City Hall , in Waterloo , Iowa , at 7 : 00 o' clock P.M. , in open regular session , 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 : Wilharm Roehr Penaluna Dowie Burton Bowers Absent : Getty * * * * * * * * -1- Matters were discussed relative to the request from Wayne Eng ineer ing Corporation , regarding amending the Memorand um of Agreement executed in connection with the issuance of not to exceed $500, 000 in aggregate principal amount of the City' s Industrial Development Revenue Bonds (Wayne Eng ineering Corporation Project) Series 1981. Following an explanation of the proposed amendment by representatives of said Company and a discussion of the amendment , Council Member Penaluna intro- duced the following Resolution in written form and moved its adoption . Council Member Bowers 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 : Witham Roehr Penaluna Dowie Burton Bowers Absent Getty NAYS : The Resolution was thereupon signed by the Mayor and in evidence of his approval , was attested by the City Clerk, and was declared to be effective . The Resolution is as follows : -2- RESOLUTION NO. 27357 RESOLUTION AMENDING THE MEMORANDUM OF AGREEMENT EXECUTED IN CONNECTION WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $500, 000 AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (WAYNE ENGINEER- ING CORPORATION PROJECT) SERIES 1981 , OF THE CITY OF WATERLOO, IOWA. WHEREAS, the City Council of the City of Waterloo , Iowa , ( hereinafter referred to as the "City" ) met on November 2 7, 1978, and read and adopted Resolution No . 26075 authorizing , among other things , the execution of a Memorandum of Agreement ( hereinafter referred to as the "Memorandum" ) between the City and Wayne Engineering Corporation (hereinafter referred to as the "Company" ) , which Memorandum was to expire on December 31, 1979; WHEREAS, the City Council of the City met on December 17, 1979 and read and adopted Resolution No . 26682 extending the expiration date of said Memorandum to December 31, 1980, unless otherwise extended by mutual consent of the parties ; WHEREAS, the Corporation desires to proceed with the Project, as defined in said Memorandum, and incorporated herein by reference , under the conditions outlined in said Memorandum and requests the term of said Memorandum to be extended beyond December 31, 1980; and WHEREAS, the City believes it is desirable and in its best interests to extend the term of said Memorandum . NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Waterloo , Iowa , as follows : Section 1. That the Memorandum of Agreement entered into between the City and the Company pursuant to Resolution No . 26075, read and adopted at the City' s November 27, 1978 meeting , and extended pursuant to Resolution No . 26682, read and adopted at the City' s December 1 7, 1979 meeting , is hereby amended by substituting the words "December 31, 1981 " for "December 31, 1980 " in Section 4 (a) of said Memorandum of Agreement . Section 2 . That all reference in the Memorandum of Agreement and prior proceedings to "Series 1980 " is hereby amended by substituting the words "Series 1981 " . -3- Section 3. All resolutions and orders or parts thereof, in conflict herewith are , to the extent of such conflict, hereby repealed , and this Resolution shall be in full force and effect immediately upon its adoption . Adopted and approved , November 17, 1980. (Seal) c -Zy__e. ....42 Leo P. Rooff , A r Attest : X—. 2 Larry P. ger , City erk * * * * * * -4- 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 ; and 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 November 17, 1980, regarding the issuance of not to exceed $500, 000 aggregate principal amount of Industrial Development Revenue Bonds (Wayne Engineering Corporation Project) Series 1981, of the City of Waterloo , Iowa , and amending the Memorandum of Agreement ; 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 pro- visions 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 h ndnd the Corporate Seal of said City hereto affixed this � day of November , 1980. (SEAL) ry Burg dify Clerk State of Iowa SS. : County of Black Hawk Subscribed and sworn to before me this day, the date last above written . Notary Public in and for the (SEAL) State of Iowa -5- (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: The City Council of Waterloo , Iowa . Date of Meeting : November 17, 1980 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 Amending the Memorandum of Agreement Executed in Connection With The Issuance of Not 'lb Exceed $500, 000 Aggregate Principal Amount of Industrial Development Revenue Bonds ( Wayne Eng ineer ing Corporation Project) Series 1981 of the City of Waterloo , Iowa . 2. Such additional matters as are set forth on the additional 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 P urger , rk of the City Water , Iowa -6-