Water Revenue Bonds_Pump Station Radio EquipmentTHE CITY OF Dubuque
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Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proceedings to Set Public Hearing on the Issuance of Not to Exceed
$1,350,000 Water Revenue Bonds
DATE: August 27, 2008
Finance Director Ken TeKippe is recommending establishing the date of September 15,
2008, for a public hearing on the proposition of selling not to exceed $1,350,000 in
Water Revenue Bonds to pay the costs of water main replacements and repairs,
construction of water main extensions, and the acquisition and installation of pump
station radio communications equipment and facilities included in the adopted FY'09
CIP budget.
The repayment of the debt will be from the Water Utility Fees
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mich el C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kenneth J. TeKippe, Finance Director
THE CITY OF
DUB E
~~
Memorandum
TO: Michael C. Van Milligen, City Manager
.~
FROM: Kenneth J. TeKippe, Finance Director ~~.w,~-~/~
SUBJECT: Proceedings to Set Public Hearing on the Issuance of Not to Exceed
$1,350,000 Water Revenue Bonds
DATE: August 25, 2008
The purpose of this memorandum is to recommend the setting of a public hearing on
the proposal to issue Water Revenue Bonds to provide funds to pay costs of water main
replacements and repairs, construction of water main extensions, and the acquisition
and installation of pump station radio communications equipment and facilities included
in the adopted FY'09 CIP budget. The repayment of the debt will be from water utility
fees. A letter from attorney William Noth detailing information on the bond hearing is
enclosed.
The requested action step for City Council is to adopt the attached resolution fixing the
date of September 15, 2008 for a public hearing on the proposition of selling not to
exceed $1,350,000 in Water Revenue Bonds of Dubuque, Iowa and providing for
publication of notice.
KJT/jmg
Enclosures
cc: Barry Lindahl, City Attorney
Jenny Larson, Budget Director
Jeanne Schneider, City Clerk
AHL~RS ~GOON~Y, P.C.
ATTORNEYS AT LAW
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
August 21, 2008
Mr. Ken TeKippe
Finance Officer
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001-4864
RE: Not to exceed $1,350,000 Water Revenue Bonds
Dear Mr. TeKippe:
Direct Dial:
(515)246-0332
We have now prepared and are enclosing suggested proceedings to be acted upon
by the Council in fixing the date of a meeting on the proposition to issue the above
mentioned Bonds and ordering publication of a notice of hearing consistent with the
provisions of Code Section 384.83. According to the schedule proposed, this item should
be considered at the Council meeting on September 2, 2008, with the hearing being
scheduled for September 15, 2008.
Notice of this meeting must be published at least once in a legal newspaper,
printed wholly in the English language, published at least once weekly, and having
general circulation in the City. The date of publication is to be not less than four clear
days nor more than twenty dam before the date of the public meeting on the issuance of
Bonds. In computing time, the date of publication should be excluded. If the last day
falls on Sunday, the whole of the following Monday should be excluded.
Also enclosed is an extra copy of the proceedings to be filled in as the original and
certified back to this office, together with publisher's affidavit of publication of notice of
hearing. We are also enclosing an extra copy of the notice of hearing to be delivered
to the newspaper for publication purposes. A certificate to attest the proceedings is
also enclosed.
WISHARD & GAILY - 1888; GUERNSEY $ GAILY - 1893; GAILY $ STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINOER - 1914; BANNISTER, CARPENTER,
AHLERS $ GOONEY - 1950; AHLERS, GOONEY, DORWEILER, ALLBEE, HAYNIE $ SMITH - 1974; AHLERS, GOONEY. DORWEILER, HAYNIE. SMITH $ALLBEE, P.C. - 1990
August 21, 2008
Page 2
At the time of hearing the Council shall receive oral or written objections from any
resident or property owner to the proposed action to issue the Bonds. After all objections
have been received and considered, the Council is required, at that meeting or at any
adjournment thereof, to take additional action for the issuance of the Bonds or to abandon
the proposal to issue the Bonds.
The Council is required by statute to adopt the resolution instituting proceedings to
issue the Bonds at the hearing--or an adjournment thereof.
We will prepare and forward to you in the near future, suggested procedure to be
acted upon on the date of hearing. If you have any questions pertaining to the
proceedings enclosed or the above instructions, please do not hesitate to either write or
call.
Yours very truly,
William J. Noth
WJN:dc
encl.
cc: Michael Maloney (w/encl.)
DCORNELL\589566.1 \WP\ 10422.085
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of Dubuque, Iowa.
Date of Meeting: September 2 , 2008.
Time of Meeting: S = 3 0 o'clock P .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 the
meeting is as follows:
Not to exceed $1,350,000 Water Revenue Bonds.
• Resolution fixing date for a meeting on the proposition to issue.
Such additional matters as are set forth on the additional Z l 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 the governmental body.
~- ;;
ity Clerk, Dubuque, Iowa
September 3 2008
The City Council of Dubuque, Iowa, met in R e g u 1 a r session, in.the Historic
Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 o'clock p.M., on the
above date. There were present Mayor Roy D. Buol , in the chair, and
the following named Council Members:
Karla Braig, Joyce Connors, Kevin Lynch,
Ric Jones, David Resnick, Dirk Voetber
Absent: None
***~~**
-1-
Council Member Lynch introduced the following Resolution
entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION
OF THE ISSUANCE OF NOT TO EXCEED $1,350,000 WATER REVENUE BONDS
OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE
THEREOF," and moved that the same be adopted. Council Member Jones
seconded the motion to adopt. The roll was called and the vote was,
AYES: Braig,Buol, Connors, Lynch,
Jones, Resnick, Voetberg
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
RESOLUTION NO. 291-08
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED
$1,35.0,000 WATER REVENUE BONDS OF DUBUQUE,
IOWA AND PROVIDING FOR PUBLICATION OF
NOTICE THEREOF
WHEREAS, the City of Dubuque, Iowa is in need of funds to carry out the
purpose hereinafter described; and, it is deemed necessary and advisable that the City
should issue Water Revenue Bonds to the amount of not to exceed $1,350,000, as
authorized by Section 3 84.83 of the City Code of Iowa, for the purpose of providing
funds to pay costs thereof; and
WHEREAS, before the Bonds may be issued, it is necessary to comply with the
provisions of the Code, and to publish a notice of the proposal to issue such Bonds and of
the time and place of the meeting at which it is proposed to take action for the issuance of
the Bonds and to receive oral and/or written objections from any resident or property
owner of the City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
-2-
Section 1. That this governing body meet in the Historic Federal Building, 350
West 6th Street at Dubuque, Iowa, at6 30 o'clock P.M., on the 15th day of
September , 2008, for the purpose of taking action on the matter of the issuance
of not to exceed $1,350,000 Water Revenue Bonds of the City, the proceeds of which
Bonds will be used to provide funds to pay costs of water main replacements and repairs,
construction of water main extensions, and the acquisition and installation of pump
station radio communications equipment and facilities.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of such meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in the City, such
publication to be not less than four clear days nor more than twenty days before the date
of the public meeting on the issuance of the Bonds.
Section 3. The notice of the proposed action to issue the Bonds shall be in
substantially the following form:
-3-
NOTICE OF MEETING OF THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA ON THE MATTER OF THE
PROPOSED ISSUANCE OF NOT TO EXCEED $1,350,000
WATER REVENUE BONDS OF THE CITY, AND THE
HEARING ON THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque,
Iowa, will hold a public hearing on the 15th day of September, 2008 at 6:30 p.m., in the
Historic Federal Building, 350 West 6th Street, in Dubuque, Iowa, at which meeting the
Council proposes to take additional action for the issuance of not to exceed $1,350,000
Water Revenue Bonds of the City. The Bonds will not constitute general obligations or
be payable in any manner by taxation, but will be payable from and secured by the net
revenues of the Municipal Water Utility. The Bonds are proposed to be issued for the
purpose of paying costs of water main replacements and repairs, construction of water
main extensions, and the acquisition and installation of pump station radio
communications equipment and facilities.
At the above meeting oral or written objections from any resident or property
owner of the City to the above action shall be received. After all objections have been
received and considered, the Council will at the meeting or at any adjournment thereof,
take additional action for the issuance of the Bonds or will abandon the proposal to
issue the Bonds.
This notice is given by order of the City Council as provided by Section 384.83 of
the City Code of Iowa.
Dated this 5th day of September, 2008.
Jeanne F. Schneider, CMC
City Clerk
1 t 9/5
PASSED AND APPROVED this 2nd day of
September
2008.
Mayor
ATTEST:
~~
.~: s
ity Clerk
-5-
c>[c-Is
2-91
STATE OF IOWA )
SS
COUNTY OF DUBUQUE )
I, the undersigned, do hereby certify that I am now and was at the times hereinafter
mentioned, the duly qualified and acting Clerk of the City of Dubuque, in the County of
Dubuque, State of Iowa, and that as such Clerk and by full authority from the Council of
the City, I have caused a
NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF
NOT TO EXCEED $1,350,000 WATER REVENUE BONDS OF THE CITY,
AND THE HEARING ON THE ISSUANCE THEREOF
of which the clipping annexed to the publisher's affidavit hereto attached is in words and
figures a correct and complete copy, to be published as required by law in the Telegraph
Herald, a legal newspaper published at least once weekly, printed wholly in the English
language, published regularly and mailed through the post office of current entry for more
than two years and which has had for more than two years a bona fide paid circulation
recognized by the postal laws of the United States, and has a general circulation in the
City, and that the Notice was published in all of the issues thereof published and
circulated on the following date:
September 5 ,2008
WITNES S my official signature at Dubuque, Iowa, this 5 t n day of
September ,2008.
~' y~ _~
ity Clerk
(SEAL)
DCORNELL\589565. ] \WP\I 0422.085