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GO Bonds_Urban Renewal Library Renovation ProjectTHE CITY OF Dubuque r.-- DLTB E ~~~~ t r Masterpiece an 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 $3,000,000 General Obligation Bonds for Urban Renewal Purposes (Greater Downtown Urban Renewal District) 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 $3,000,000 in General Obligation Bonds to provide funds to pay costs associated with the Library Renovation Project and building renovations and improvements to the former Kephart's Building which were included in the adopted FY'09 CIP budget. Repayment of the debt will be from tax increment revenues of the Greater Downtown Urban Renewal District. concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Mi ligen 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 ~ . SUBJECT: Proceedings to Set Public Hearing on the Issuance of Not to Exceed $3,000,000 General Obligation Bonds for Urban Renewal Purposes (Greater Downtown Urban Renewal District) 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 associated with the Library Renovation Project and building renovations and improvements to the former Kephart's Building which were 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 tax increment revenues of the Greater Downtown Urban Renewal District. 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 $3,000,000 in General Obligation Bonds (for urban renewal purposes) 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 COOI~I~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 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) Nat 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 & GAILY - 1893; GAILY 8 $TIPP - 1901; $TIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & GOONEY - 1950; AHLERS, GOONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, GOONEY, DORWEILER, HAYNIE, SMITH 8, 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~t 0422.084 (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: The City Council of Dubuque, Iowa. September 2 .2008. o'clock P .M. 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 $3,000,000 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. ty 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 Voetbe 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 $3,000,000 GENERAL OBLIGATION BONDS (FOR URBAN RENEWAL PURPOSES) 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. 293-08 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $3,000,000 GENERAL OBLIGATION BONDS (FOR URBAN RENEWAL PURPOSES) 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 $3,000,000, as authorized by Sections 403.12 and 384.24(3)(q) of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out the urban renewal projects 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, and the right to petition for an election. -2- 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 6 : 3 0 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 $3,000,000 General Obligation Bonds for urban renewal purposes of said City, the proceeds of which bonds will be used to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, including those costs associated with the Library Renovation Project and building renovations and improvements to the former Kephart's Building. Section 2. To the extent any of the projects or activities described in this resolution may be reasonably construed to be included in more than one classification under Division III of the City Code of Iowa, the Council hereby elects the "essential corporate purpose" classification and procedure with respect to each such project or activity, pursuant to Section 384.28 of the City Code of Iowa. Section 3. 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 ten clear days before the date of said public meeting on the issuance of said Bonds. Section 4. The notice of the proposed action to issue said Bonds shall be in substantially the following form: -3- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $3,000,000 GENERAL OBLIGATION BONDS (FOR URBAN RENEWAL PURPOSES) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby ~iven 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 $3,000,000 General Obligation Bonds for urban renewal purposes of said City, in order to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, including those costs associated with the Library Renovation Project and building renovations and improvements to the former Kephart's Building. At any time before the date of the meeting, a petition, asking that the question of issuing such Bonds be submitted to the legal voters of the City, may be filed with the Clerk of the City in the manner provided by Section 362.4 of the Code of Iowa, pursuant to the provisions of Sections 384.24(3)(q) and 384.26 of the Code of Iowa. 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 Sections 403.12 and 384.24(3)(q) of the Code of Iowa. Dated this 5t" day of September, 2008. Jeanne F. Schneider, CMC City Clerk 1 t 9/5 PASSED AND APPROVED this September ,2008 ATTEST: ity Clerk 2nd day of ~. ~ ~ ~" ~ , ~ `. Mayor -5- 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 ,-~ -~'°` of ~,.~-3 ~ ,/ 1, ity Clerk, Dubuque, Iowa SEAL DCORNELL\589564.1\WPU 0422.085 -6-