Resolution 32-09 IBM_Issuance of General Obligation Bonds(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body:
Date of Meeting
Time of Meeting
Place of Meeting
PUBLIC NOTICE I:
body will meet at the date,
meeting is as follows:
The City Council of Dubuque, Iowa.
January 26, 2009
6:30 o'clock P.M.
Historic Federal Building, 350 West 6th Street, Dubuque,
Iowa.
HEREBY GIVEN that the above mentioned governmental
time and place above set out. The tentative agenda for said
Not to exceed $25,000,000 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 one 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.
January 27, 2009
The City Council of Dubuque, Iowa, met in special 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:
Present: Karla Braig, Joyce Connors, Ric Jones, Kevin Lynch, Dirk Voetberg
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The Mayor announced that this was the time and place for the public hearing and
meeting on the matter of the issuance of not to exceed $25,000,000 General Obligation
Bonds 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 funding of
any payments required under a Guaranty Agreement between the City and Dubuque
Bank & Trust Company, entered into to secure a loan to Dubuque Initiatives for the
purpose of acquiring, renovating, and improving the Dubuque Building located at 700
Locust Street, Dubuque, Iowa, 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 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 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 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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The Council then considered the proposed action and the extent of objections
thereto.
Whereupon, Council Member Lynch 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
$25,000,000 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 ,
2009, at this place.
Council Member Jones seconded the motion. The roll was called and the vote
was,
AYES: Braig, Buol, Connors, Jones, Lynch, Voetberg
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
RESOLUTION NO. 32-09
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO
EXCEED $25,000,000 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 $25,000,000 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 Greater Downtown
Urban Renewal District, including those costs associated with the funding of any
payments required under a Guaranty Agreement between the City and Dubuque Bank
& Trust Company, entered into to secure a loan to Dubuque Initiatives for the purpose
of acquiring, renovating, and improving the Dubuque Building located at 700 Locust
Street, Dubuque, Iowa, and no petition was filed calling for a referendum thereon, and
this Council has considered the extent of objections received from residents or property
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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:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That this Council does hereby institute proceedings and takes
additional action for the sale and issuance in the manner required by law of not to
exceed $25,000,000 General Obligation Bonds for the foregoing essential corporate
purpose.
Section 2. That the Finance Officer, when so directed by the City Manager, be
and is authorized and directed to proceed on behalf of the City to select a date for the
sale of all or a portion of said Bonds, 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 26th day of January, 2009.
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 27t" day
of January, 2009.
,:City Clerk, Dubuque, Iowa
SEAL
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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
January 19, 2009
By Overnight Delivery
Ms. Jeanne Schneider
City Cleric
City of Dubuque
SO West 13th Street
Dubuque, Iowa 52001-4864
RE: Not to exceed $25,000,000 General Obligation Bonds
Dear Ms. Schneider:
Direct Dial:
(515)246-0332
We enclose suggested proceedings to be acted upon by the Council on the date
fixed for the hearing on the issuance of the above mentioned Bonds, pursuant to the
provisions of Code Sections 403.12 and 384.24(3)(q).
The proceedings are prepared to show as a first step the receipt of any petition for
election on the proposed action of the Council to issue the Bonds. If no petition is filed,
the Council should proceed to adopt the resolution instituting proceedings to take
additional action for the issuance of the Bonds. In the event the Council decides to
abandon the proposal to issue Bonds, then the form of resolution should not be adopted.
We would suggest that, in this event, a motion merely be adopted to the effect that the
bond proposal is abandoned. If such a petition has been received and if the Council
decides not to abandon the proposal to issue Bonds, a form of resolution should be
introduced and adopted, to adjourn the matter to permit preparation of the resolution to
call an election. Please see that we are advised immediately if a petition is filed bearing
signatures of a sufficient number of eligible electors.
WISHARD & GAILY- 1888; GUERNSEY & GAILY - 1893; GAILY &STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER,
AHLERS S~ GOONEY - 1950; AHLERS, GOONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, GOONEY, DORWEILER, HAYNIE, SMITH &ALLBEE, P.C. -
1990
January 19, 2009
Page 2
The resolution also authorizes the Finance Officer, when so directed by the City
Manager, to proceed with the sale of all or a portion of the Bonds, including the selection
of a date for the sale thereof and the principal amount to be sold.
An extra copy of the proceedings is enclosed to be filled in as the original and
certified back to us for our transcript of the action taken.
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.
cc: Barry Lindahl (w/encl
David Heiar (w/encl.)
Ken TeKippe (w/encl.
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