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HomeMy WebLinkAbout2013-1038-12/16/2013• (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of the City of Waterloo, State of Iowa. Date of Meeting: December 16, 2013. Time of Meeting: 5:30 o'clock P.M. Place of Meeting: Council Chambers, City Hall, 715 Mulberry Street, 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 the meeting is as follows: Not To Exceed $3,500,000 General Obligation Urban Renewal Bonds. • Public hearing on the issuance. • Resolution instituting proceedings to take additional action. Such additional matters as are set forth on the additional 5 page(s) attached hereto. This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of the governmental body. Suzy Scha es, City Clerk December 16, 2013 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 o'clock P.M., on the above date. There were present Mayor Ernest G. Clark, in the chair, and the following named Council Members: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart Absent: none -1- The Mayor announced that this was the time for meeting on the matter of the issuance of not to exceed $3,500,000 General Obligation Urban Renewal Bonds, of the City of Waterloo, State of Iowa, in order to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal projects under the authority of Chapter 403 and the Downtown Urban Renewal and Redevelopment Plan, as amended, including funding a grant pursuant to the Amended and Restated Development Agreement between the City and Cedar Valley Tech Works, Inc. and FDP WTC, LLC, and that notice had been published as provided by Sections 384.24(3)(q), 384.25 and 403.12 of the Code of Iowa, of the proposal to issue the bonds and the right to petition for an election. The Mayor then asked the Clerk whether any petition had been filed in the Clerk's office, as contemplated in Section 384.26 of the City Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether, pursuant to Sections 384.25 and 403.12 of the Code of Iowa, any written objections had been filed by any city resident or property owner of the City resident, to the issuance of the bonds. The Clerk advised the Mayor and the Council that no written objections had been filed. The Mayor then called for oral objections to the issuance of the bonds and none were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) -2- Whereupon, the Mayor declared the hearing on the issuance of the bonds to be closed. Whereupon, Council Member Hart introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $3,500,000 GENERAL OBLIGATION URBAN RENEWAL BONDS", and moved its adoption. Council Member Welper seconded the motion to adopt. The roll was called and the vote was, AYES: Cole, Getty, Jones, Greenwood, Schmitt,Welper, Hart NAYS: none Whereupon, the Clerk declared the measure duly adopted. RESOLUTION NO. 2013-1038 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $3,500,000 GENERAL OBLIGATION URBAN RENEWAL BONDS 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 issuance of not to exceed $3,500,000 General Obligation Urban Renewal Bonds, for the purpose of paying costs of aiding in the planning, undertaking and carrying out of urban renewal projects under the authority of Chapter 403 and the Downtown Urban Renewal and Redevelopment Plan, as amended, including funding a grant pursuant to the Amended and Restated Development Agreement between the City and Cedar Valley Tech Works, Inc. and FDP WTC, LLC, and no petition was filed calling for a referendum thereon. 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 COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. That pursuant to Sections 384.25 and 403.12 of the Code of Iowa this Council does hereby institute proceedings and take additional action for the authorization -3- and issuance in the manner required by law of not to exceed $3,500,000 General Obligation Urban Renewal Bonds, for the foregoing purpose. Section 2. 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 the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. PASSED AND APPROVED this 16t' day of December, 2013. rnest G. Clark, Mayor ATTEST: Suzy Schar s, ity Clerk 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 corporate records of the City showing proceedings of the City 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 (a copy of the face sheet of the agenda being attached hereto) 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 City hereto affixed this 16th day of December, 2013. uzy Sch es, City Clerk (SEAL) 00984432-1111310-103 CLOSING AGREEMENT ON FINAL DETERMINATION COVERING SPECIFIC MATTERS Under section 7121 of the Internal Revenue Code of 1986, as amended (the "Code"), the City of Waterloo, Iowa, EIN 42-xxxx (the "Issuer") and the Commissioner of Internal Revenue (the "Service") make this closing agreement (the "Agreement"). WHEREAS, the parties have determined the following facts and made the following legal conclusions and representations: A. The Issuer issued $7,XXX,000 General Obligation Bonds, Taxable Series 2009A (Qualified Build America Bonds) on June 24, 2009 (the "Issue Date") and maturing on June 1, 2021 (the "Bonds"). B. The Issuer irrevocably elected to issue the Bonds as build America bonds under section 54AA of the Code and to receive refundable credits as provided in section 6431. C. On the Issue Date, the Issuer reasonably expected to comply with section 54AA and related provisions of the Code. D. The Service has determined that the June 1, 2010-2016 maturities ("Excess Premium Bonds") were issued with an amount of premium in excess of the de minimis amount of premium permitted by section 54AA(d)(2)(C) of the Code (the "Violation"). E. Section 54AA(d)(2)(C) of the Code provides that a bond shall not be treated as a build America bond if the issue price has more than a de minimis amount of premium. F. The Service has not formally asserted any claims against the Issuer or sought to disallow or otherwise recover any credits paid to the Issuer in accordance with section 6431 of the Code with respect to interest on the Bonds. G. The Issuer and the Service desire to resolve the issue raised during the examination of the Bonds. H. The terms of this Agreement were arrived at by negotiation between the Issuer and the Service and may differ from the terms of settlement of other bond issues examined or to be examined by the Service. NOW IT IS HEREBY DETERMINED AND AGREED PURSUANT TO THIS CLOSING AGREEMENT EXECUTED BY THE PARTIES HERETO UNDER CODE SECTION 7121 THAT FOR FEDERAL INCOME TAX PURPOSES: 1. Prior to the execution and delivery of this Agreement by the Service, the Issuer shall cause to be'paid the sum of Five Thousand and 00/100 dollars ($5,000.00) (the "Settlement Amount") to the Service via the Electronic Federal Tax Payment Page 1 of 4 System and in accordance with the directions contained in Exhibit A to this Agreement. Payment of this Settlement Amount will not be made from proceeds of bonds described in section 103(a) of the Code or any tax -advantaged bonds. 2. For purposes of the calculation of credits under section 6431 of the Code allowed with respect to interest payments, the Violation is disregarded and the Excess Premium Bonds are treated as build America bonds. As such, the interest paid on each interest payment date for the Excess Premium Bonds will be calculated in accordance with the debt service schedule included with the Form 8038-G filed by the Issuer for the Bonds and will not be reduced as a result of the Violation. 3. The Settlement Amount paid by the Issuer pursuant to this Agreement is not refundable, or subject to credit or offset under any circumstance. 4. This Agreement is executed with respect to the credits payable by the Service under section 6431 of the Code with respect to each interest payment on the Bonds. 5. Notwithstanding anything to the contrary contained herein, the Service may take any appropriate action with respect to the Bonds for violations other than those set forth herein and for violations arising after the effective date of this Agreement. 6. This Agreement may not be cited or relied upon by any person or entity whatsoever as precedent in the disposition of any other case. 7. This Agreement is final and conclusive, except that: a. The matter it relates to may be reopened in the event of fraud, malfeasance, or misrepresentation of a material fact; b. It is subject to sections of the Code that expressly provide that effect be given to their provisions (including any stated exceptions for section 7122) notwithstanding any other law or rule of law; and c. If it relates to a tax period ending after the effective date of this agreement, it is subject to any law enacted after the Agreement date that applies to that tax period. Page 2 of 4 By signing, the above parties certify that they have read and agreed to the terms of this Agreement. ISSUER: City of Waterloo, Iowa EIN: 42-6005327 BY: SIGNATURE NAME (PLEASE PRINT) TITLE DATE COMMISSIONER OF INTERNAL REVENUE: BY: SIGNATURE REBECCA HARRIGAL DIRECTOR, TAX EXEMPT BONDS NAME AND TITLE DATE Page 3 of 4 Exhibit A Taxpayer information Worksheet For Electronic Federal Tax Payment System Deposits This Agreement requires the electronic deposit of an amount to the U.S. Treasury through the Electronic Federal Tax Payment System (EFTPS) as a term for resolution of certain identified matters related to interest paid on a municipal obligation. This payment must be deposited in accordance with the directions contained in this Exhibit. Please carefully review the taxpayer information listed below and immediately report any errors to the IRS Tax Exempt Bonds employee assigned to your case. If, to the best of your knowledge, the information is'correct, then please deposit all required payments through the EFTPS (either EFTPS — Direct or EFTPS — Through a Financial Institution) accurately and in accordance with this information and the terms of this Agreement. 1. Total Amount of Tax Deposit: $5,000.00 2. Taxpayer's Employer Identification Number (EIN): 42-600XXXx 3. Taxpayer Name Control (4 characters): CITY 4. Taxpayer Name (up to 35 characters): City of XXXX 5. Tax Type (5 characters): 80384 6. Tax Year (2 digits): 09 7. Tax Month (2 digits): 06 Your financial institution may call the EFTPS Financial Institution Helpline for questions or assistance at 1-800-605-9876 (Monday — Friday, 8:00 a.m. — 8:00 p.m., Eastern Standard Time). NOTE: If you are not enrolled in EFTPS — Direct or EFTPS — Through a Financial Institution, or otherwise wish to use the Same Day Payment option, then please provide your financial institution with the information listed above and direct them to accurately deposit your payments utilizing the following routing and account numbers: Routing Number (RTN): 091036164 FRB MPLS ETA Receiving FI Name: US TREAS SINGLE TX Beneficiary: 426004675:CITY:City of XXXX XXX:80384:09:06 Account Number. 20092900IRS If the financial institution has difficulty transmitting the EFTPS same-day payment, please call 1-800382-0045 (Monday — Friday, 7:45 a.m. — 4:30 p.m. Central Standard Time) to receive assistance from a Customer Service Representative at the Minneapolis Federal Reserve Bank. Page 4 of 4 I hereby consent, pursuant to section 6103(c) of the Internal Revenue Code of 1986 (as amended), to the disclosure of return information (as defined in section 6103(b)(2)) relating to the Closing Agreement (Agreement) between the City of Waterloo, Iowa ("Taxpayer") and the Commissioner of Internal Revenue, executed by the Issuer on as follows: The Internal Revenue Service may disclose the existence and subject matter of the Agreement under the following circumstances: a. In the event of a default by Taxpayer on any term in the Agreement; or b. To the extent that the Internal Revenue Service deems necessary to correct any material misstatement with respect to the Agreement in response to a public statement by Issuer, or an agent of Taxpayer. Such disclosure may be made to Members of Congress, the press, and the general public, and may be made by any means, including press releases and notices in Internal Revenue Service publications. This authorization is applicable only to the taxability under section 103 of the Internal Revenue Code of interest paid on $7,435,000 General Obligation Bonds Series 2009A (Taxable Build America Bonds), from June 24, 2009 to June 1, 2015. 1 am aware that in the absence of this authorization, the returns and return information of City of Waterloo, Iowa, are confidential and may not be disclosed except as authorized by the Internal Revenue Code. I certify that I have the authority to execute this consent on behalf of Taxpayer: Issuer: City of Waterloo, Iowa EIN: 61-6005327 By: Title: Signature: Date: