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HomeMy WebLinkAbout2025-220-04.07.2025Docusign Envelope ID: ElFF0F93-3B01-482D-A407-31FCA1796F00 ITEMS TO INCLUDE ON AGENDA FOR THE COUNCIL MEETING ON APRIL 7, 2025 CITY OF WATERLOO, IOWA $162,532 Sewer Revenue Capital Loan Note, Series 2025 (Reissuance of Series 2022D Sewer SRF loan) • Resolution approving and authorizing a Loan and Disbursement Agreement by and between the City of Waterloo and the Iowa Finance Authority, and authorizing and providing for the reissuance of the Sewer Revenue Capital Loan Note, Series 2022D (2025 loan forgiveness). NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Docusign Envelope ID: ElFF0F93-3B01-482D-A407-31FCA1796F00 April 7, 2025 The City Council of the City of Waterloo, State of Iowa, met in regular session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at 5:30 P.M., on the above date. There were present Mayor Pro Tem Ray Feuss, in the chair, and the following named Council Members: Nichols, Creighton -Smith, Chiles, Simon, Wilder and Feuss Absent: Boesen Vacant: None 1 Docusign Envelope ID: ElFF0F93-3B01-482D-A407-31FCA1796F00 Council Member Chiles introduced the following Resolution entitled "A RESOLUTION APPROVING AND AUTHORIZING A LOAN AND DISBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF WATERLOO AND THE IOWA FINANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE REISSUANCE OF THE SEWER REVENUE CAPITAL LOAN NOTE, SERIES 2022D (2025 LOAN FORGIVENESS), OF THE CITY", and moved its adoption. Council Member Nichols seconded the motion to adopt. The roll was called and the vote was: AYES: Nichols, Creighton -Smith, Chiles, Simon, Wilder and Feuss NAYS: None Whereupon the Mayor declared the following Resolution duly adopted: RESOLUTION NO: 2025-220 A RESOLUTION APPROVING AND AUTHORIZING A LOAN AND DISBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF WATERLOO AND THE IOWA FINANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE REISSUANCE OF THE SEWER REVENUE CAPITAL LOAN NOTE, SERIES 2022D (2025 LOAN FORGIVENESS), OF THE CITY WHEREAS, the City of Waterloo (hereinafter the "Issuer") previously issued its Sewer Revenue Capital Loan Note, Series 2022D, dated December 16, 2022, in the initial amount of $1,068,000 (the "Original Loan"); and WHEREAS, upon completion of the Project (as defined in the resolution authorizing issuance of the same (hereinafter the "Resolution"), and the issuance of a final amortization schedule reflecting actual disbursements of the loan, the final amount of the Original Loan was $1,068,000; and WHEREAS, the Iowa Finance Authority, as Original Purchaser and current holder of the Original Loan, has authorized a reduction in the principal amount of the Original Loan effective as of May 2, 2025, assuming compliance with the requirements of the Iowa Water Pollution Control Works Financing Program; and WHEREAS, a substitute Loan and Disbursement Agreement (hereinafter the "Agreement"), a copy of which is attached hereto as Exhibit A, and a substitute Note, a copy of which is attached hereto as Exhibit B, have been prepared to reflect said loan forgiveness; and -2- Docusign Envelope ID: ElFF0F93-3B01-482D-A407-31FCA1796F00 WHEREAS, pursuant to IRS regulations, amendment of the Original Loan and execution of the Agreement constitutes a reissuance of the Note. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IN THE COUNTY OF BLACK HAWK, STATE OF IOWA: Section 1. Section 2. Section 3. Section 4. That the Resolution is hereby amended to reflect loan forgiveness in the form of a reduction to principal of the previously issued Sewer Revenue Capital Loan Note, Series 2022D in the amount of $850,128, resulting in a final loan amount of $162,532 as of the date of reissuance on May 2, 2025. That the substitute Loan and Disbursement Agreement in substantially in the form attached to this Resolution as Exhibit A, and the substitute Note in substantially the form attached to this Resolution as Exhibit B, are hereby authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. That the City Treasurer is hereby authorized to execute and deliver a Supplemental Tax Certificate in connection with the Agreement, affirming the tax covenants made by the City with respect to the Notes at the time of issuance thereof. Except as amended herein, all of the other terms and conditions of the Resolution are in all respects ratified, confirmed and approved and shall remain in full effect. PASSED AND APPROVED this 7th day of April, 2025. ATTEST: r DocuSigned by: d eat A82DCICCOOAB441- ... Kelley Felchle, City Clerk Signed by: rutss 77F51 EDB4C5041 F... Mayor Pro Tem, Ray Feuss 3 Docusign Envelope ID: ElFF0F93-3B01-482D-A407-31FCA1796F00 EXHIBIT A [Form of LDA] Docusign Envelope ID: ElFF0F93-3B01-482D-A407-31FCA1796F00 EXHIBIT B [Form of Note] Docusign Envelope ID: ElFF0F93-3B01-482D-A407-31FCA1796F00 CERTIFICATE STATE OF IOWA ) SS COUNTY OF BLACK HAWK 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 7th day of April, 2025. (SEAL) 0* W 4 y sir • Ii111Ri14111111111111 7v y 0 0 • 0 4911-9287-7099-1\11310-153 �DocuSigned by: Ke11€4, Ftleat rty 8ferk;tity of Waterloo, State of Iowa