Water Revenue Bonds_Pump Station Radio CommunicationsTHE CITY OF Dubuque
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Masterpiece an the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proceedings for Public Hearing on the Issuance of Not to Exceed
$1,350,000 Water Revenue Bonds
DATE: September 8, 2008
Finance Director Ken TeKippe is recommending adoption of a "Resolution Instituting
Proceedings to Take Additional Action for the Issuance of Not to Exceed $1,350,000
Water Revenue Bonds."
The project involves providing 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.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM/ems
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Ken TeKippe, Finance Director
THE CITY OF
DUB E
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Memorandum
TO: Michael C. Van Milligen, City Manager
FROM: Kenneth J. TeKippe, Finance Director ~ ~ ~ ~n~~`'`
SUBJECT: Proceedings for Public Hearing on the Issuance of Not to Exceed
$1,350,000 Water Revenue Bonds
DATE: September 4, 2008
The purpose of this memorandum is to provide the suggested proceedings for the public
hearing on the issuance of Water Revenue Bonds to support several water capital
projects prepared by our Bond Counsel and to present a resolution for City Council to
adopt entitled "Resolution Instituting Proceedings to Take Additional Action for the
Issuance of Not to Exceed $1,350,000 Water Revenue Bonds." The project involves
providing 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 proceedings have been prepared on the basis that no objections will be filed with
the City Clerk. If there are objections, we will need to summarize them. The Mayor will
then declare the hearing on the issuance of said Bonds to be closed. Immediately
following, a resolution is to be introduced and adopted entitled "Resolution Instituting
Proceedings to Take Additional Action for the Issuance of Not to Exceed $1,350,000
Water Revenue Bonds."
In the event the Council decides to abandon the proposal to issue said Bonds, then the
form of resolution included in said proceedings should not be adopted. In this event, a
motion needs to be adopted to the effect that such Bond proposal is abandoned.
Section 384.25 of the Code of Iowa provides that any resident or property owner of the
City may appeal the decision to take additional action to issue the Bonds, to the District
Court of a county in which any part of the City is located, within 15 days after such
additional action is taken, but that the additional action is final and conclusive unless the
court finds that the Council exceeded its authority.
KT/jg
Enclosures
cc: Barry Lindahl, City Attorney
Jenny Larson, Budget Director
Jeanne Schneider, City Clerk
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AHL~RS tCOON~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 29, 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 enclose suggested proceedings to be acted upon by the Council on September
15, 2008, the date fixed for the hearing on the issuance of the above mentioned Bonds,
pursuant to the provisions of Code Section 384.83. I will separately forward proceedings
to set the date of sale (also to be acted upon at the September 15th meeting}, once the sale
details have been finalized by PFM.
The proceedings are prepared to show as a first step the receipt of any oral or
written objections from any resident or property owner to the proposed action of the
Council to issue the Bonds. A summary of objections received or made, if any, should be
attached to the proceedings. After all objections have been received and considered if the
Council decides not to abandon the proposal to issue the Bonds, a form of resolution
follows that should be introduced and adopted, entitled "Resolution Instituting
Proceedings to Take Additional Action for the Issuance of not to exceed $1,350,000
Water Revenue Bonds."
The Council is required by statute to adopt the resolution instituting proceedings to
issue the Bonds at the hearing -- or an adjournment thereof. If necessary to adjourn, the
minutes are written to accommodate that action.
WISHARO 8~ BAILY - 1 BBB; GUERNSEY $BAILY - 1993; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER,
AHLERS & GOONEY - 1958; ANLERS, GOONEY, DORWEILER. ALLBEE. HAYNIE & SMITH - 1974; AHLERS, GOONEY. DORWEILER. HAYNIE, SMITH &ALLBEE. P.C. - 1990
August 29, 2008
Page 2
In the event the Council decides to abandon the proposal to issue said Bonds, then
the form of resolution included in said proceedings should not be adopted. We would
suggest that, in this event, a motion merely be adopted to the effect that such Bond
proposal is abandoned.
Section 384.83 of the Code of Iowa provides that any resident or property owner of
the City may appeal the decision to take additional action to issue the Bonds to the
District Court of a county in which any part of the city is located, within 15 days after
such additional action is taken, but that the additional action is final and conclusive unless
the court finds that the Council exceeded its authority.
In the event an appeal is filed by any resident or property owner, please see that we
are notified immediately; and, as soon as available, a copy of the notice of appeal should
be furnished our office for review.
Also enclosed is an extra copy of the proceedings to be filled in as the original and
certified back to this office. If you have any questions pertaining to the proceedings
enclosed or this letter, please do not hesitate to either write or call.
Yours very truly,
William J. Noth
WJN:dc
encl.
DCORNELL\590270. ] \WP\ 10422.085
The proposed action and the extent of objections thereto were then considered.
Whereupon, Council Member Connors introduced and delivered to the City Clerk
the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO
EXCEED $1,350,000 WATER REVENUE BONDS," and moved its adoption. Council
Member Braig seconded the motion to adopt. The roll was called and the vote was,
AYES: Jones, Lynch, Resnick, Braig, Connors
NAYS: None
Whereupon, the Mayor Pro-Tem declared the Resolution duly adopted as
follows:
RESOLUTION NO. 332-08
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO
EXCEED $1,350,000 WATER REVENUE BONDS
WHEREAS, pursuant to notice published as required by law, a public meeting
and hearing has been held upon the proposal to institute proceedings for the issuance
of not to exceed $1,350,000 Water Revenue Bonds 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; and the extent of objections received from residents or property owners as to
the proposed issuance of Bonds has been fully considered; and, accordingly the
following action is now considered to be in the best interests of the City and residents
thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That this governing body does hereby institute proceedings and takes
additional action for the sale and issuance in the manner required by law of not to
exceed $1,350,000 Water Revenue Bonds for the foregoing purposes.
Section 2. The Finance Officer is authorized and directed to proceed on behalf
of the City. with the sale of Bonds, to select a date for the sale thereof, to cause to be
prepared such notice and sale information as may appear appropriate, to publish and
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distribute the same on behalf of the City and otherwise to take all action necessary to
permit the sale of the Bonds on a basis favorable to the City and acceptable to this
governing body.
PASSED AND APPROVED, this 15t" day of September, 2008.
Kevin J. Lynchc'
Mayor
ATTEST:
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~/ ,~~ ~.v~z~
ity 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 16t" day of
September, 2008.
ity Clerk, Dubuque, Iowa
SEAL
DCORNELL\590267.1\WP\10422.085
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(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of Dubuque, Iowa.
Date of Meeting: September 15, 2008.
Time of Meeting: 6:30 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.
X Public hearing on the issuance.
X Resolution instituting proceedings to take additional action.
Such additional matters as are set forth on the additional 13 page(s) attached hereto.
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 16, 2008
The City Council of Dubuque, Iowa, met in Regular 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 Pro-Tem Kevin J. Lynch in the chair, and the
following named Council Members:
Karla Braig, Joyce Connors, Ric Jones, David Resnick
Absent: Mayor Roy D. Buol, Council Member Dirk Voetberg
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The Mayor Pro-Tem announced that this was the time and place for the public.
hearing and meeting on the matter of the issuance of not to exceed $1,350,000 Water
Revenue Bonds of the City, in order 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, and that
notice of the proposed action to institute proceedings for the issuance of the Bonds had
been published pursuant to the provisions of Section 384.83 of the City Code of Iowa.
Inquiry was made whether any written objections had been filed by any resident
or property owner of the City to the issuance of the Bonds by the City. The Clerk stated
that no written objections had been filed. Oral objections to the issuance of the Bonds
were then called for and received and none were made. Whereupon, the Mayor Pro-
Tem declared the time for receiving oral and written objections to be closed.
(Attach here a summary of objections
received or made, if any)
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