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General Obligation Bonds - DICW Urban Renewal District_North Siegert FarmTHE 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: Proceedings for Public Hearing on the Issuance of Not to Exceed $3,100,000 General Obligation Bonds for Urban Renewal Purposes (Dubuque Industrial Center West Economic Development District) DATE: September 8, 2008 Finance Director Ken TeKippe is recommending adoption of a "Resolution Instituting Proceedings to Take Additional Action for the Issiance of Not to Exceed $3,100,000 General Obligation Bonds." The project involves providing funds to pay costs associated with the North Siegert Farm demolition and grading project which was included in the adopted FY'09 CIP budget. Although the City is selling General Obligation Bonds, the repayment of the debt will be tax increment revenues of the Dubuque Industrial Center West Economic Development District. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/ems Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager THE CITY OF DUBUQUE Memorandum TO: Michael C. Van Milligen, City Manager FROM: Kenneth J. TeKippe, Finance Director SUBJECT: Proceedings for Public Hearing on the Issuance of Not to Exceed $3,100,000 General Obligation Bonds for Urban Renewal Purposes (Dubuque Industrial Center West Economic Development District) DATE: September 4, 2008 The purpose of this memorandum is to provide the suggested proceedings for the public hearing on the issuance of General Obligation Bonds for Urban Renewal Purposes (Dubuque Industrial Center West Economic Development District) 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 $3,100,000 General Obligation Bonds." The project involves providing funds to pay costs associated with the North Siegert Farm demolition and grading project which was included in the adopted FY'09 CIP budget. Although we are selling General Obligation Bonds, the repayment of the debt will be tax increment revenues of the Dubuque Industrial Center West Economic Development District. A letter from attorney William Noth detailing information on the bond hearing is enclosed. The borrowing is subject to the "reverse referendum" procedures, under which petitions may be filed prior to the hearing asking that the particular bond proposal be submitted to an election. 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 $3,100,000 General Obligation 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. If a petition has been received with respect to a particular proposal and if the Council decides not to abandon the proposal to issue said bonds for that purpose, a form of resolution should be introduced and adopted fo adjourn the matter to permit preparation of the resolution to call an election. KT/jg Enclosures cc: Barry Lindahl, City Attorney Jenny Larson, Budget Director Jeanne Schneider, City Clerk The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Connors introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $3,100,000 GENERAL OBLIGATION BONDS", and moved: X that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of-bonds to the meeting to be held at o'clock _.M. on the day of 2008, at this place. Council Member Braig seconded the motion. The roll was called and the vote was, AYES: Jones, Lynch, Resnick, Braig, Connors NAYS: None Whereupon, the Mayor Pro-Tem declared the measure duly adopted. RESOLUTION NO. 335-08 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $3,100,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $3,100,000 General Obligation Bonds for the essential corporate purpose of paying 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 Dubuque Industrial Center West Economic Development District, including those costs associated with the North Siegert Farm demolition and grading project, and no petition was filed calling for a referendum thereon, and this Council has considered the extent of objections received from residents or property owners as to said proposed issuance of Bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: -4- NOW,. THEREFORE, BE JT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of not to exceed $3,100,000 General Obligation Bonds for the foregoing essential corporate purposes. Section 2. The Finance Officer is authorized and directed to proceed on behalf of the City with the sale of said 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 distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said Bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 15t" day of September, 2008. Kevin ~ . Lynch s Mayor Pro-Tem ATTEST: ity Clerk -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 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 16t" day of September, 2008. ~~ ~~ ~ ity Clerk, Dubuque, Iowa SEAL DCORNELL/ 590252.1 /MSWord\10422.084 _6_ (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 said meeting is as follows: Not to exceed $3,100,000 General Obligation 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 said governmental body. r--i~~ , ~~.-C ity Clerk, Dubuque, Iowa -1- 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 ******* _2_ 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 $3,100,000 General Obligation Bonds in order to provide funds to pay costs of the 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 Dubuque Industrial Center West Economic Development District, including those costs associated with the North Siegert Farm demolition and grading project, essential corporate purposes, and that notice of the proposed action by the Council to institute proceedings for the issuance of said Bonds, and the right to petition for an election had been published pursuant to the provisions of Sections 403.12 and 384.24(3)(q) of the Code of Iowa. The Clerk reported that no such petition had been filed, requesting that the question of issuing said Bonds be submitted to the qualified electors of the City. The Mayor Pro-Tem then asked the Clerk whether any written objections had been filed by any City resident or property owner to the issuance of said Bonds. The Clerk advised the Mayor Pro-Tem and the Council that no written objections had been filed. The Mayor then called for oral objections to the issuance of said Bonds 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) -3-