GO Bonds_Bee Branch Stormwater Management FacilitiesTHE CITY OF Dubuque
DUB E
1 1
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
$4,000,000 General Obligation Bonds for Bee Branch Project
DATE: August 27, 2008
Finance Director Ken TeKippe is recommending the establishment of September 15,
2008, for a public hearing on the proposition of selling not to exceed $4,000,000 in
General Obligation Bonds to pay costs of the construction of stormwater management
facilities and improvements, including those costs associated with the acquisition of
properties for the Bee Branch Creek Restoration Project which was included in the
adopted FY'09 CIP budget.
The repayment of the debt will be from the stormwater Utility Fees.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
,~
Mic el C. Van Milligen
MCVM/ems
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 ~ ~ _ ~~~~
SUBJECT: Proceedings to Set Public Hearing on the Issuance of Not to Exceed
$4,000,000 General Obligation Bonds for Bee Branch Project
DATE: August 25, 2008
The purpose of this memorandum is to recommend the setting of a public hearing on
the proposal to issue General Obligation Bonds to provide funds to pay costs of the
construction of stormwater management facilities and improvements, including those
costs associated with the acquisition of properties for the Bee Branch Creek Restoration
Project which was included in the adopted FY'09 CIP budget. Although we are selling
General Obligation Bonds to support the project, repayment of the debt will be from
stormwater 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 $4,000,000 in General Obligation Bonds (for an essential corporate purpose) 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
AHLERS GOONEY, 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
Direct Dial:
(515)246-0332
RE: Not to exceed $4,000,000 General Obligation Bonds (Bee Branch)
Not to exceed $3,000,000 General Obligation Bonds (Greater Downtown)
Not to exceed $3,100,000 General Obligation Bonds (DICW)
Dear Mr. TeKippe:
With this letter I am enclosing suggested proceedings to be acted upon by the City
Council on the date fixed for the hearings on the proposed issuance of the above-
referenced General Obligation Bonds. According to the schedule proposed, these items
should be considered at the Council's meeting on September 2, 2008, with the hearings
being scheduled for September 15, 2008.
Not to exceed $4,000,000
General Obligation Bonds (Bee Branch Proiect)
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 days before the date of said public meeting. 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.
WISHARD &BAILY - 1888; GUERNSEY $BAILY - 1893; BAILY &STIPP - 1901 ;STIPP, PERRY, BANNISTER & $TARZINGER - 1914; BANNISTER, CARPENTER,
AHLERS S. GOONEY - 1950; AHLERS, GOONEY, DORWEILER, ALLBEE, HAVNIE $ SMITH - 1974; AHLERS, GOONEY, DORWEILER, HAYNIE, SMITH &ALLBEE, P.C. -
1990
August 21, 2008
Page 2
Not to exceed $3,000,000
Not to exceed $3,100,000
General Obligation Bonds (Urban Renewal Proiects)
Notices of these meetings 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 ten clear
days before the date of public meeting on the issuance of the 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.
At any time before the date of the hearing, a petition may be filed with the City
Clerk requesting that the issuance of the Bonds be submitted to an election. To qualify, a
petition must be signed by eligible electors equal to at least ten percent of the number
who voted at the last regular municipal election (but not less than ten persons).
Extra copies of the proceedings are enclosed to be filled in as the originals and
certified back to this office, together with the publisher's affidavits of publication
concerning the notices of hearing. We are also enclosing extra copies of the notices of
hearing to be delivered to the newspaper for publication purposes.
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.)
Jenny Larson (w/encl.)
DCORNELU 589443.1 /MSWord\10422.084
(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: 5 = 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 said
meeting is as follows:
Not to exceed $4,000,000 General Obligation Bonds.
® Resolution fixing date for a meeting on the proposition to issue.
Such additional matters as are set forth on the additional 11 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.
~~ ~ ,~ .
~,,~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 - 3 0 o'clock P .M., on the
above date. There were present Mayor Roy D . Buo1 , in the chair, and
the following named Council Members:
Karla Braig, Joyce Connors, Kevin Lynch,
Ric Jones, David Resnick Dirk Voetber
Absent: None
~* ~:
Council Member Lynch introduced the following Resolution
entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION
OF THE ISSUANCE OF NOT TO EXCEED $4,000,000 GENERAL OBLIGATION
BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) 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. 292-08
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED
$4,000,000 GENERAL OBLIGATION BONDS (FOR AN
ESSENTIAL CORPORATE PURPOSE) OF DUBUQUE,
IOWA, AND PROVIDING FOR PUBLICATION OF
NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa
should issue General Obligation Bonds to the amount of not to exceed $4,000,000, as
authorized by Section 3 84.25 of the City Code of Iowa, for the purpose of providing
funds to pay costs of carrying out an essential corporate purpose project as hereinafter
described; and
WHEREAS, before said bonds may be issued, it is necessary to comply with the
provisions of said Code, and to publish a notice of the proposal to issue such bonds and of
the time and place of the meeting at which the Council proposes to take action for the
issuance of the bonds and to receive oral and/or written objections from any resident or
property owner of said City to-such action.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, at 5 : 3 0 o'clock P .M., on the 15 t n day of
September , 2008, for the purpose of taking action on the matter of the
issuance of not to exceed $4,000,000 General Obligation Bonds for an essential corporate
purpose of said City, the proceeds of which bonds will be used to provide funds to pay
costs of the construction of stormwater management facilities and improvements,
including those costs associated with the acquisition of properties for the Bee Branch
Creek Restoration Project.
Section 2. The Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in said City, said
publication to be not less than four clear days nor more than twenty days before the date
of said public meeting on the issuance. of said bonds.
Section 3. The notice of the proposed action to issue said Bonds shall be in
substantially the following form:
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NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO
EXCEED $4,000,000 GENERAL OBLIGATION BONDS (FOR AN
ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE
HEARING ON THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa,
will hold a public hearing on the 15t day of September, 2008 at 6:30 p.m., in the
Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at which meeting the
Council proposes to take additional action for the issuance of not to exceed $4,000,000
General Obligation Bonds for an essential corporate purpose of said City, in order to
provide funds to pay costs of the construction of stormwater management facilities and
improvements, including those costs associated with the acquisition of properties for the
Bee Branch Creek Restoration Project.
At the above meeting the Council shall receive oral or written objections from any
resident or property owner of said City, to the above action. After all objections have
been received and considered, the Council will at this meeting or at any adjournment
thereof, take additional action for the issuance of said bonds or will abandon the
proposal to issue said bonds.
This notice is given by order of the Council of Dubuque, Iowa, as provided by
Section 384.25 of the City Code of Iowa.
Dated this 5t" day of September, 2008.
Jeanne F. Schneider, CMC
City Clerk
1 t 9/5
PASSED AND APPROVED this 2nd day of
September , 2008.
i' ,/ ~~
--~
Mayor
ATTEST:
~ .y
City Clerk~~
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CIG-3
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 the Municipality
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 (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 Municipality hereto affixed this 3rd
day of September , 2008
. -4 ~~
~~ ~
_ ~ ~ _~
ity Clerk, Dubuque, Iowa
SEAL
DCORNELL\589564.1\WP\10422,085
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