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Sale of General Obligation BondsTHE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: $3,885,000 General Obligation Storm Water Bonds, Series 2008A $3,290,000 General Obligation Urban Renewal Bonds, Series 20086 $2,465,000 General Obligation Urban Renewal Bonds, Taxable Series 2008C DATE: October 1, 2008 The sale of $3,885,000 General Obligation Storm Water Bonds to support Bee Branch capital projects, $3,290,000 General Obligation Bonds to support Urban Renewal Purposes (Greater Downtown Urban Renewal District) for the Library Renovation Project and building renovations and improvements to the former Kephart's Building and $2,465,000 General Obligation Bonds to support Urban Renewal Purposes (Dubuque Industrial Center West Economic Development District) for the North Siegert Farm demolition and grading project will be held Monday, October 6, 2008 at 11:00 a.m. The results will be brought to the October 6 City Council meeting. A letter from attorney William Noth detailing information on the bond sales is enclosed. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindaht, City Attorney Cindy Steinhauser, Assistant City Manager Ken TeKippe, Finance Director AHLERS ~COONEY, P.C. 100 COURT AVENUE, SUITE 600 DES MOINES, IOWA 50309-2231 PHONE: 515-243-7611 FAX: 515-243-2149 WWW.AHLERSLAW.COM WILLIAM J. NOTH wnoth~ahlerslaw.com September 22, 2008 BY OVERNIGHT DELIVERY Mr. Ken TeKippe Finance Officer City of Dubuque 50 West 13th Street Dubuque, Iowa 52001-4864 Direct Dial: (515)246-0332 RE: $3,885,000 General Obligation Stormwater Bonds, Series 2008A $3,290,000 General Obligation Urban Renewal Bonds, Series 2008B $2,465,000 General Obligation Urban Renewal Bonds, Taxable Series 2008C Dear Mr. TeKippe: With this letter I am enclosing suggested proceedings for the sale date of October 6, 2008, awarding the above Bonds to the best bidders for the same. At the designated time, sealed, facsimile and electronic bids for the Bonds should be received by the Finance Officer and listed in a report of sale to be delivered to the City Council. After a final call for sealed bids, the bids should then be opened and the best bid recorded. Only sealed and electronic bids are permitted by the terms of sale. All bids should then be referred to the Council for award of the Bonds. The Terms of Offering set out the restrictions on the type of interest rates which may be bid. Bids must comply with the Terms of Offering. Different interest rates may be bid for each issue. Each interest rate must be in a multiple of one-eighth or one- twentieth of one percent. WISHARD & GAILY - 1888; GUERNSEY & GAILY - 1893: GAILY &STIPP - 1901; STIPP. PERRY. BANNISTER & STARZINGER - 1914: BANNISTER. CARPENTER, AHLERS 8. GOONEY - 1950: AHLERS, GOONEY. DORWEILER. ALLBEE. HAYNIE & SMITH - 1974: AHLERS, GOONEY, DORWEILER, HAYNIE. SMITH &ALLBEE. P.C. - 1990 September 22, 2008 Page 2 Extra copies of the proceedings are enclosed to be completed as the originals and returned to us for our transcript of the action taken. We also would appreciate receiving copies of the signed bid forms for each series. If any questions arise, please keep me advised. Very truly yours, William J. Noth WJN:dc encl. cc: Michael Maloney (w/encl.) Jenny Larson (w/encl.) DCORNELU 592303.1 /MSWord\10422.084 WISHARD &BAILY - 1888; GUERNSEY &BAILY - 1893: BAILY & STIPP - 1901: STIPP, PERRY. BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER. AHLERS & GOONEY - 1950; AHLERS, GOONEY. DORWEILER, ALLBEE. HAYNIE & SMITH - 1974: AHLERS, CDONEY, DORWEILER. HAYNIE. SMITH &ALLBEE, P.C. - 1990 (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Dubuque, Iowa. Date of Meeting: , 2008. Time of Meeting: o'clock _.M. Place of Meeting: Historic Federal Building, 350 West 6th Street, Dubuque, 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: $3,885,000 General Obligation Stormwater Bonds, Series 2008A Resolution directing sale. Such additional matters as are set forth on the additional page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. City Clerk, Dubuque, Iowa 2008 The Finance Director of Dubuque., Iowa, met in the office of the Finance Director, City Hall, Dubuque, Iowa, at o'clock _.M., on the above date, to open sealed bids received, access facsimile bids, and access electronic bids and to refer the sale of the Bonds to the best and most favorable bidder for cash, subject to approval by the City Council at o'clock .M. on the above date. The following persons were present: Absent: *****~*~ This being the time and place for the opening of bids for the sale of $3,885,000 General Obligation Stormwater Bonds, Series 2008A, the meeting was opened for the receipt of bids for the Bonds. The following actions were taken: 1. Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: 2. The Finance Officer then declared the time for filing of sealed bids to be closed and that the sealed bids be opened. The sealed bids were opened and announced. 3. Electronic bids received were accessed and announced as follows: Name & Address of Bidders: 4. The best bid was determined to be as follows: Name & Address of Bidder: Purchase Price: $ Net Interest Cost: $ True Interest Cost: All bids were then referred to the Council for action in accordance with the Notice of Sale. 2 2008 The City Council of Dubuque, Iowa, met in session, in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at o'clock _.M., on the above date. There were present Mayor , in the chair, and the following named Council Members: Absent: ****~** 3 Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $3,885,000 GENERAL OBLIGATION STORMWATER BONDS, SERIES 2008A" and moved its adoption. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION DIRECTING SALE OF $3,885,000 GENERAL OBLIGATION STORMWATER BONDS, SERIES 2008A WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: $3,885,000 GENERAL OBLIGATION STORMWATER BONDS, SERIES 2008A: Bidder: of the terms of said bid being: Purchase Price: $ True Interest Cost: Net Interest Cost: $ 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, said Bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said Bonds is hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said Bonds are hereby ratified and approved. Section 4. That the preliminary Official Statement in the form presented to this meeting be and the same hereby is approved as to form, and prior action by the Finance Officer to deem final the same for purposes of Rule 15c2-12 of the Securities and Exchange Commission is hereby ratified, confirmed and approved. PASSED AND APPROVED, this day of 2008. Mayor ATTEST: City Clerk CIG-3 9/91 CERTIFICATE STATE OF IOWA ) SS COUNTY OF DUBUQUE ) I, the undersigned City Clerk of Dubuque, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said 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 said 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 said 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 said 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 said Municipality hereto affixed this day of _ , 2008. City Clerk, Dubuque, Iowa SEAL DCORNELU 592296.1 /MSWord\I0422.084 6 ®E~~6~~L (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Dubuque, Iowa. Date of Meeting: , 2008. Time of Meeting: o'clock _.M. Place of Meeting: Historic Federal Building, 350 West 6th Street, Dubuque, 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: $3,290,000 General Obligation Urban Renewal Bonds, Series 2008B Resolution directing sale. Such additional matters as are set forth on the additional page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. City Clerk, Dubuque, Iowa 2008 The Finance Director of Dubuque, Iowa, met in the office of the Finance Director, City Hall, Dubuque, Iowa, at o'clock _.M., on the above date, to open sealed bids received, access facsimile bids, and access electronic bids and to refer the sale of the Bonds to the best and most favorable bidder for cash, subject to approval by the City Council at o'clock .M. on the above date. The following persons were present: Absent: ***~***~ This being the time and place for the opening of bids for the sale of $3,290,000 General Obligation Urban Renewal Bonds, Series 2008B, the meeting was opened for the receipt of bids for the Bonds. The following actions were taken: 1. Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: 2. The Finance Officer then declared the time for filing of sealed bids to be closed and that the sealed bids be opened. The sealed bids were opened and announced. 3. Electronic bids received were accessed and announced as follows: Name & Address of Bidders: 4. The best bid was determined to be as follows: Name & Address of Bidder: Purchase Price: $ Net Interest Cost: $ True Interest Cost: All bids were then referred to the Council for action in accordance with the Notice of Sale. 2 2008 The City Council of Dubuque, Iowa, met in Federal Building, 350 West 6th Street, Dubuque, Iowa, at above date. There were present Mayor the following named Council Members: session, in the Historic o'clock .M., on the in the chair, and Absent: :~****** 3 Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $3,290,000 GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 20088" and moved its adoption. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION DIRECTING SALE OF $3,290,000 GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2008E WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: $3,290,000 GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 20088: Bidder: of the terms of said bid being: Purchase Price: $ True Interest Cost: Net Interest Cost: $ 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, said Bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said Bonds is hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said Bonds are hereby ratified and approved. Section 4. That the preliminary Official Statement in the form presented to this meeting be and the same hereby is approved as to form, and prior action by the Finance Officer to deem final the same for purposes of Rule 1 Sc2-12 of the Securities and Exchange Commission is hereby ratified, confirmed and approved. PASSED AND APPROVED, this 2008. day of Mayor ATTEST: City Clerk 5 CIG-3 9/91 CERTIFICATE STATE OF IOWA ) SS COUNTY OF DUBUQUE ) I, the undersigned City Clerk of Dubuque, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said 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 said 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 said 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 said 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 said Municipality hereto affixed this day of , 2008. City Clerk, Dubuque, Iowa SEAL DCORNELll 592298.1 /MSWord\10422.084 6 ®~~I~IAL (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Dubuque, Iowa. Date of Meeting: 2008. Time of Meeting: o'clock _.M. Place of Meeting: Historic Federal Building, 350 West 6th Street, Dubuque, 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: $2,465,000 General Obligation Urban Renewal Bonds, Taxable Series 2008C Resolution directing sale. Such additional matters as are set forth on the additional page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 2I, Code of Iowa, and the local rules of said governmental body. City Clerk, Dubuque, Iowa 2008 The Finance Director of Dubuque, Iowa, met in the office of the Finance Director, City Hall, Dubuque, Iowa, at o'clock _.M., on the above date, to open sealed bids received, access facsimile bids, and access electronic bids and to refer the sale of the Bonds to the best and most favorable bidder for cash, subject to approval by the City Council at o'clock .M. on the above date. The following persons were present: Absent: **~***** This being the time and place for the opening of bids for the sale of $2,465,000 General Obligation Urban Renewal Bonds, Taxable Series 2008C, the meeting was opened for the receipt of bids for the Bonds. The following actions were taken: 1. Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: 2. The Finance Officer then declared the time for filing of sealed bids to be closed and that the sealed bids be opened. The sealed bids were opened and announced. 3. Electronic bids received were accessed and announced as follows: Name & Address of Bidders: 4. The best bid was determined to be as follows: Name & Address of Bidder: Purchase Price: $ Net Interest Cost: $ True Interest Cost: All bids were then referred to the Council for action in accordance with the Notice of Sale. 2 2008 The City Council of Dubuque, Iowa, met in session, in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at o'clock _.M., on the above date. There were present Mayor , in the chair, and the following named Council Members: Absent: ****~** 3 Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $2,465,000 GENERAL OBLIGATION URBAN RENEWAL BONDS, TAXABLE SERIES 2008C" and moved its adoption. Council Member adopt. The roll was called and the vote was, AYES: seconded the motion to NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION DIRECTING SALE OF $2,465,000 GENERAL OBLIGATION URBAN RENEWAL BONDS, TAXABLE SERIES 2008C WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: $2,465,000 GENERAL OBLIGATION URBAN RENEWAL BONDS, TAXABLE SERIES 2008C: Bidder: of the terms of said bid being: Purchase Price: $ True Interest Cost: Net Interest Cost: $ 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, said Bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said Bonds is hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said Bonds are hereby ratified and approved. Section 4. That the preliminary Official Statement in the form presented to this meeting be and the same hereby is approved as to form, and prior action by the Finance Officer to deem final the same for purposes of Rule 15c2-12 of the Securities and Exchange Commission is hereby ratified, confirmed and approved. PASSED AND APPROVED, this 2Q08. day of Mayor ATTEST: City Clerk 5 CIG-3 9/91 CERTIFICATE STATE OF IOWA ) SS COUNTY OF DUBUQUE ) I, the undersigned City Clerk of Dubuque, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said 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 said 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 said 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 said 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 said Municipality hereto affixed this day of , 2008. City Clerk, Dubuque, Iowa SEAL DCORNELU 592300.1 /MSWord\10422.084 6