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The
City Council of the City of Pomeroy, Iowa, met on July 27,
2010, at 6:00 p.m., at the |
| Public
Library, Pomeroy, Iowa |
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The
meeting was called to order by the Mayor, and the roll was
called showing the |
| following
members of the City Council present and absent: |
| Present:
R Bachman, S Juilfs, D DeVore and B Meyer |
| Absent:
C Meyer |
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This
being the time and place specified for taking action on the
proposal to enter into a |
| a
loan agreement related to acquiring a police car and constructing
street improvements, the City |
| Clerk
announced that no written objections had been placed on file.
Whereupon, the Mayor |
| called
for any written or oral objections, and there being none,
the Mayor closed the public |
| hearing. |
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After
due consideration and discussion, Council Member R Bachman
introduced the |
following
resolution and moved its adoption, seconded by Council Member
B Meyer. The
Mayor put the question upon the adoption of said resolution,
and the roll being called, the
following Council Members voted: |
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Ayes:
R Bachman, S Juilfs, D DeVore and B Meyer
Nays: None
Whereupon, the Mayor declared the resolution duly adopted,
as hereinafter set out.
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RESOLUTION
NO. 234 |
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Resolution
taking additional action to enter into a Loan Agreement
and
authorizing the use of a preliminary official statement
in connection therewith |
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WHEREAS,
the City of Pomeroy (the “City”), in Calhoun
County, State of Iowa, |
proposes
to enter into a General Obligation Corporate Purpose Loan
Agreement (the “Loan
Agreement”) in a principal amount not to exceed $775,000
pursuant to the provisions of
Section 384.24A of the Code of Iowa for the purpose of paying
the cost, to that extent, of
acquiring a police car and constructing street improvements,
and has published notice of the
proposed action and has held a hearing thereon on July 27,
2010; and |
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WHEREAS,
it has been further proposed that the City enter into the
Loan Agreement |
with
Ruan Securities, a Division of D.A. Davidson & Co.,
Des Moines, Iowa (the “Underwriter”)
and issue $775,000 General Obligation Corporate Purpose
Bonds, Series 2010 (the “Bonds”) in
evidence of its obligations under the Loan Agreement; and |
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WHEREAS,
a Preliminary Official Statement (the “P.O.S.”)
will be prepared to facilitate |
the
sale of the Bonds, and it is now necessary to make provision
for the preparation of the P.O.S.
and to authorize its use by the Underwriter; and |
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NOW,
THEREFORE, It Is Resolved by the City Council of the City
of Pomeroy, Iowa, |
as follows: |
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Section
1. The
City Council hereby determines to enter into the Loan Agreement
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with
the Underwriter in the future and orders that the Bonds be
issued at such time in evidence
thereof. The City Council further declares that this resolution
constitutes the “additional action”
required by Section 384.24A of the Code of Iowa. |
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Section
2. The
City Clerk is hereby authorized to take such action as shall
be deemed |
necessary
and appropriate with the assistance of the Underwriter to
prepare the P.O.S. describing
the Bonds and providing for the terms and conditions of their
sale, and all action heretofore taken
in this regard is hereby ratified and approved. |
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Section
3. The
use by the Underwriter of the P.O.S. relating to the Bonds
in |
substantially
the form as will be presented to and considered by the City
Council is hereby
approved, and the Underwriter is hereby authorized to prepare
and use a final Official Statement
for
the Bonds substantially in the form of the P.O.S. but with
such changes therein as are
required to conform the same to the terms of the Bonds and
the resolution, when adopted,
providing for the sale and issuance of the Bonds, and the
City Clerk is hereby authorized and
directed to execute a final Official Statement for the Bonds,
if requested. The Preliminary
Official Statement as of its date is deemed final by the City
within the meaning of Rule 15(c)(2)-
12 of the Securities and Exchange Commission. |
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Section
4.
All resolutions and orders or parts thereof in conflict with
the provisions |
| of
this resolution, to the extent of such conflict, are hereby
repealed. |
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Section
5. This
resolution shall be in full force and effect immediately upon
its |
| adoption
and approval, as provided by law. |
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Passed
and approved July 27, 2010. |
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The
Council considered proposals received for the proposed 2010
Street Improvements |
| Project
and embodied its findings in the resolution next hereinafter
referred to. |
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Council
Member B Meyer introduced the resolution next hereinafter
set out, and moved |
that
the said resolution be adopted; seconded by Council Member
S Juilfs; and after due
consideration thereof by the Council, the Mayor put the question
upon the motion and the roll
being called, the following named Council Members voted: |
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Ayes:
S Juilfs, B Meyer and D DeVore
Nays: R Bachman
Whereupon, the Mayor declared the said motion duly carried
and the said resolution duly |
| adopted.
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Resolution
No. 235 |
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Awarding
contracts for the 2010 Street Improvements Project |
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WHEREAS,
pursuant to notice duly published in the manner and form prescribed
the |
City
Council of the City of Pomeroy, Iowa and as required by law,
bids and proposals were
received by the City Clerk and reported to this Council for
the 2010 Street Improvements Project
(the “Project”); and |
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WHEREAS,
all of the said bids and proposals have been carefully considered,
and it is |
| necessary
and advisable that provision be made for the award of the
contracts for the Project; |
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NOW, THEREFORE, IT IS RESOLVED by the City Council
of the City of Pomeroy, |
| Iowa, as follows: |
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Section |
1. |
The bids for the Project submitted by the following
contractors are fully |
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responsive to the plans and specifications for
the Project, heretofore approved by the Council, |
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and are the lowest responsible bids received,
such bids being as follows: |
| Contract
|
1: |
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Name
and Address of Contractor
Concrete Technologies, Urbandale, Iowa
Tri-State Paving, Estherville, Iowa
Cedar Valley Corp, Waterloo, Iowa
Jensen Builders, Fort Dodge, Iowa
Vaughn Deloss Const, Spencer, Iowa
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Amount
of Bid
$163,488.70
$166,533.40
$169,677.70
$183,175.00
$196,748.80 |
| Contract
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2: |
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Name
and Address of Contractor
Tri-State Paving, Estherville, Iowa
Fort Dodge Asphalt, Fort Dodge, Iowa
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Amount
of Bid
$291,229.15
$303,505.05 |
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Section
2. The
contracts for the Project are hereby awarded to the contractors
named |
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in
Section 1, at the respective total estimated costs set out
above, the final settlement to be made
on the basis of the unit prices therein set out and the actual
final quantities of each class of
materials furnished, the said contracts to be subject to the
terms of the notice of hearing and
letting, the plans and specifications and the terms of the
bidders’ written proposals. |
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Section
3. The
Mayor and City Clerk are hereby authorized and ordered to
enter into |
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written
contracts with said contractors for the Project. |
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Section
4. The
amount of each contractor’s performance and/or payment
bonds is |
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hereby
fixed and determined to be 100% of the amount of such contractor’s
contract. |
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Section
5.
All resolutions or parts of resolutions in conflict herewith
are hereby |
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repealed
to the extent of such conflict. |
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Passed
and approved July 27, 2010. |
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• • • • |
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At
the conclusion of the meeting and upon motion and vote, the
City Council adjourned
at 6:18P.M. |
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