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Fiscal Year 2010 Bond ProjectsDubuque THE CITY OF DUB E ~"~~~~' 1 - Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Declaration of Official Intent to Reimburse Expenses Relating to Certain Fiscal Year 2010 Bond Projects DATE: September 2, 2009 Budget Director Jennifer Larson recommends City Council approval of a resolution declaring the City's official intent to reimburse from bond proceeds for prior expenditures made for the Bee Branch Creek Restoration, Downtown Public Parking Ramp and Water Vacuum Filter Building Back-up Power Supply capital projects. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jennifer Larson, Budget Director THE CITY OF ~ Dubuque ~T T~ ~ All•AmedcaCity ~„J ~~~~ Masterpiece an the Mississippi ~ F ~:~ ~~ ~ •~ 2007 TO: Michael C. Van Milligen, City Manager FROM: Jennifer Larson, Budget Director~~-~`' SUBJECT: Declaration of Official Intent to Reimburse Expenses Relating to Certain Fiscal Year 2010 Bond Projects DATE: August 17, 2009 INTRODUCTION The City's Bond Counsel has advised that a resolution needs to be passed declaring the City's official intent to reimburse from bond proceeds for prior expenditures made for the Bee Branch Creek Restoration, Downtown Public Parking Ramp and Water Vacuum Filter Building Back-up Power Supply capital projects. DISCUSSION Passage of the Declaration of Official Intent Resolution will allow the City to reimburse itself from bond proceeds for expenditures incurred prior to the actual sale of the bonds. This is a typical and customary action to be taken in anticipation of the issuance of general obligation bonds. The tentative schedule for issuing general obligation bonds for FY 2010 projects is to set a public hearing at the September 8, 2009 City Council meeting, hold the public hearing at the September 21, 2009 City Council meeting, and to sell the bonds in October/November 2009. The Declaration of Official Intent to reimburse from the proceeds of debt is necessary due to the previous bonds that were issued for the Bee Branch Creek Restoration property acquisitions have been expended and property continues to be acquired; the Downtown Public Parking Ramp is currently under design and construction could begin prior to when the bond proceeds are received for the project; and the Water Vacuum Filter Building Back-Up Power Supply project is currently underway. ACTION STEP respectfully recommend the approval of the Declaration of Official Intent Resolution. JML Attachments cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Ken TeKippe, Finance Director Council Member Kevin Lynch introduced the following Resolution entitled "RESOLUTION DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIED PROJECTS" and moved that it be adopted. Council Member xic Jones seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: Braig, Buol, Connors, Jones, Lynch, Resnick, Voetberg NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: RESOLUTION NO. 314-09 RESOLUTION DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIED PROJECTS WHEREAS, the City of Dubuque, Iowa ("City") anticipates making cash expenditures for one or more of the approved capital improvement projects, generally described on Exhibit A attached hereto and made a part hereof (which shall hereinafter be referred to as the "Reimbursement Projects"); and WHEREAS, the City reasonably expects to issue debt to reimburse the costs of the Reimbursement Projects; and WHEREAS, the Council believes it is consistent with the City's budgetary and financial circumstances to issue this declaration of official intent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2. Section 2. It is reasonably expected that capital expenditures will be made in respect of the Reimbursement Projects, from time to time and in such amounts as this Council determines to be necessary or desirable under the circumstances then and there existing, and this Council reasonably expects to reimburse all or a portion of such -3- expenditures with the proceeds of bonds, notes or other indebtedness to be issued or incurred by the City in the future. Section 3. The maximum principal amount of the bonds, notes or other indebtedness to be issued for the Reimbursement Projects, and the name of the fund or account from which the original expenditures will be paid are reasonably expected to be as set forth on Exhibit A attached and made a part hereof. Section 4. The City reasonably expects to reimburse the Reimbursement Project costs not later than the later of eighteen months after the capital expenditures are paid or eighteen months after the applicable property is placed in service. Section 5. This Resolution shall be maintained by the City Clerk and available at all times for public inspection, subject to such revisions as may be necessary. PASSED AND APPROVED this 8t"day of Se `tember, 2009. ,~ Roy D. B ol, Mayor ATTEST: A i eanne F. Schneider, CMC City Clerk -4- .~ (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Dubuque, Iowa. Date of Meeting: ~ , 2009. Time of Meeting: o'clock _.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: • Resolution declaring an official intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for certain original expenditures paid in connection with specified Projects. Such additional matters as are set forth on the additional 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. City Clerk, Dubuque, Iowa -1- 2009 The City Council of Dubuque, Iowa, met in Federal Building, 350 West 6th Street, Dubuque, Iowa, at above date. There were present Mayor the following named Council Members: session, in the Historic _ o'clock .M., on the in the chair, and Absent: ***~*** -2- CIG-3 9/91 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 day of , 2009. City Clerk, Dubuque, Iowa SEAL -5- . ~ EXHIBIT A Name of Reimbursement Project Bee Branch Creek Restoration Project Downtown Public Parking Ramp - 5th & Bluff Water Vacuum Filter Building Back-up Power Supply Name of fund or Anticipated account from which amount of bonds original expenditures to be issued for relating to the the project project will be paid $4,267,235* Stormwater Fund $11,169,003 Greater Downtown Urban Renewal TIF Fund $28,000 Water Revenue Fund * Includes both bonds and SRF loan. DCORNELL 627220.1 /MSWord\10422.092 - 6