General Obligations Bonds_$3m Various City ProjectsTHE CITY OF Dubuque
~j 'j~ ~, All-An~dcal~p-
~,,,J t r
Masterpiece on 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 Various City Projects
DATE: September 1, 2009
Finance Director Ken TeKippe recommends the City Council set a public hearing for
September 21, 2009, on the proposal to sell not to exceed $3,000,000 in General
Obligation Bonds, Series 2009, to pay costs of the acquisition of sewer pipeline
inspection equipment; the inspection and certification of the flood control levee system;
the construction and installation of storm water management facilities, including the Bee
Branch Creek Restoration Project, and the reconstruction of storm sewers; the
acquisition and replacement of street lights; the acquisition and installation of fiber optic
conduit in connection with street improvements and water main extensions; the repair
and improvement of the Dubuque Regional Airport, including hanger heater and
terminal boiler replacements, runway and hanger painting, hanger repairs and
replacements and parking area paving; the acquisition and replacement of Fire
Department ladder and pumper trucks and ambulances; and water utility improvements
including the construction and installation of water main extensions, ADA
improvements, back-up power supply and water consumption studies and engineering.
Although the City is selling General Obligation Bonds to support the projects, repayment
of the debt will be from fees, taxes and a debt service levy.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kenneth J. TeKippe, Finance Director
THE CITY OF y,~
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Kenneth J. TeKippe, Finance Director ~ ~.v,.~.,^
Dubuque
A11-AmericaCCy
f
,~
2007
,~ ~_,
SUBJECT: Proceedings to Set Public Hearing on the Issuance of Not to Exceed
$3,000,000 General Obligation Bonds for Various City Projects
DATE: September 1, 2009
The purpose of this memorandum is to recommend the setting of a public hearing on
the proposal to issue General Obligation Bonds, Series 2009, to pay costs of the
acquisition of sewer pipeline inspection equipment; the inspection and certification of
the flood control levee system; the construction and installation of storm water
management facilities, including the Bee Branch Creek Restoration Project, and the
reconstruction of storm sewers; the acquisition and replacement of street lights; the
acquisition and installation of fiber optic conduit in connection with street improvements
and water main extensions; the repair and improvement of the Dubuque Regional
Airport, including hanger heater and terminal boiler replacements, runway and hanger
painting, hanger repairs and replacements and parking area paving; the acquisition and
replacement of Fire Department ladder and pumper trucks and ambulances; and water
utility improvements including the construction and installation of water main extensions,
ADA improvements, back-up power supply and water consumption studies and
engineering. Although we are selling General Obligation Bonds to support the projects,
repayment of the debt will be from fees, taxes and a debt service levy. 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 21, 2009 for a public hearing on the proposition of selling not to
exceed $3,000,000 in General Obligation Bonds (for an essential corporate purpose) 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 ~COON~Y, P.C.
100 COURT AVENUE. SUITE 600
DES MOINES, IOWA 50309-2231
PHONE: 515-243-7611
FAX: 515-243-2149
WW W.AHLERSLAW.COM
WILLIAM J. NOTH
wnoth®ahlerslaw.com
September 1, 2009
BY OVERNIGHT DELIVERY
Mr. Ken TeKippe
Finance Officer
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001-4864
RE: Not to exceed $3,000,000 General Obligation Bonds
Dear Mr. TeKippe:
Direct Dial:
(515)246-0332
We have now prepared and are enclosing suggested proceedings to be acted upon
by the Council in fixing the date of a meeting on the proposition to issue the above
mentioned Bonds and ordering publication of a notice of hearing consistent with the
provisions of Code Section 384.25.
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 nor
more than twenty days before the date of said public meeting on the issuance of said
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.
Also enclosed is an extra copy of the proceedings to be filled in as the original and
certified back to this office, together with publisher's affidavit of publication of notice of
hearing. We are also enclosing an extra copy of the notice of hearing to be delivered to
the newspaper for publication purposes. A certificate to attest the proceedings is also
enclosed.
WISHARD 8~ BAILY - 1888; GUERNSEY &BAILY - 1893: BAILY 8 STIPP - 1901: STIPP, PERRY. BANNISTER & STARZINGER - 1914: BANNISTER. CARPENTER.
AHLERS & GOONEY - 1950: AHLERS, GOONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974: AHLERS. GOONEY. DORWEILER, HAYNIE. SMITH &ALLBEE. P.C. - 1990
September 1, 2009
Page 2
At the time of hearing the Council shall receive oral or written objections from any
resident or property owner to the proposed action to issue the Bonds. After all objections
have been received and considered, the Council is required, at that meeting or at any
adjournment thereof, to take additional action for the issuance of the Bonds or to abandon
the proposal to issue the Bonds.
The Council is required by statute to adopt the resolution instituting proceedings to
issue the Bonds at the hearing--or an adjournment thereof.
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,
~/~~~~1~
William J. Noth
WJN:dc
encl.
cc: Jenny Larson (w/encl.)
Barry Lindahl (w/encl.)
DCORNELU629418.1 /MSWord\10422.092
''~~jl~A.~,~~A,,
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
C~uvc;~,~mental Body: The City Council of the City 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 the
meeting is as follows:
Not to exceed $3,000,000 General Obligation Bonds, Series 2009.
Resolution fixing date for a meeting on the proposition to issue.
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 the governmental body.
City Clerk, City of Dubuque, Iowa
2009
The City Council of the City of Dubuque, Iowa, met in
in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at
session,
o ~i~.~. .M., on the above date. There were present Mayor , in
the chair, and the following named Council Members:
Absent:
*******
-1-
Council Member Kevin 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,
SERIES 2009, (FOR ESSENTIAL CORPORATE PURPOSES) OF THE CITY OF
DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF",
and moved that the same be adopted. Council Member Ric Jones seconded the motion
to adopt. The roll was called and the vote was,
AYES: Braig, Buol, Connors, Jones, Lynch, Resnick, Voetberg
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
RESOLUTION NO. 327-09
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED
$3,000,000 GENERAL OBLIGATION BONDS, SERIES 2009, (FOR
ESSENTIAL CORPORATE PURPOSES) OF THE CITY 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, Series 2009, to the amount of not to
exceed $3,000,000, as authorized by Section 384.25, of the City Code of Iowa, for the
purpose of providing funds to pay costs of carrying out essential corporate purpose
projects as hereinafter described; and
WHEREAS, before the Bonds may be issued, it is necessary to comply with the
provisions of the 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 the City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
_2_
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the 21St day of September, 2009, for the
purpose of taking action on the matter of the issuance of not to exceed $3,000,000
General Obligation Bonds, Series 2009, for essential corporate purposes of the City, the
proceeds of which Bonds will be used to provide funds to pay costs of the acquisition of
sewer pipeline inspection equipment; the inspection and certification of the flood control
levee system; the construction and installation of storm water management facilities,
including the Bee Branch Creek Restoration Project, and the reconstruction of storm
sewers; the acquisition and replacement of street lights; the acquisition and installation
of fiber optic conduit in connection with street improvements and watermain extensions;
the repair and improvement of the Dubuque Regional Airport, including hanger heater
and terminal boiler replacements, runway and hanger painting, hanger repairs and
replacements and parking area paving; the acquisition and replacement of Fire
Department ladder and pumper trucks and ambulances; and water utility improvements
including the construction and installation of watermain extensions, ADA improvements,
back-up power supply and water consumption studies and engineering.
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. That the Clerk is hereby directed to cause at least one publication to
be made of a notice of the meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in the City.
The publication to be not less than four clear days nor more than twenty days before the
date of the public meeting on the issuance of the Bonds.
Section 4. The notice of the proposed action to issue the Bonds shall be in
substantially the following form:
-3-
NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO
EXCEED $3,000,000 GENERAL OBLIGATION BONDS, SERIES 2009, (FOR
ESSENTIAL CORPORATE PURPOSES) OF THE CITY, AND THE HEARING
ON THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that the City of Dubuque, Iowa, will hold a
public hearing on the 21St day of September, 2009, at 6:30 o'clock 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 $3,000,00® General
Obligation Bonds, Series 2009, for essential corporate purposes of said City, in order to
provide funds to pay costs of the acquisition of sewer pipeline inspection equipment; the
inspection and certification of the flood control levee system; the construction and
installation of storm water management facilities, including the Bee Branch Creek
Restoration Project, and the reconstruction of storm sewers; the acquisition and
replacement of street lights; the acquisition and installation of fiber optic conduit in
connection with street improvements and watermain extensions; the repair and
improvement of the Dubuque Regional Airport, including hanger heater and terminal
boiler replacements, runway and hanger painting, hanger repairs and replacements and
parking area paving; the acquisition and replacement of Fire Department ladder and
pumper trucks and ambulances; and water utility improvements including the
construction and installation of watermain extensions, ADA improvements, back-up
power supply and water consumption studies and engineering.
At the above meeting the Council shall receive oral or written objections from any
resident or property owner of the 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 City Council of the City of Dubuque, Iowa, as
provided by Section 384.25 of the City Code of Iowa.
Dated this 11t" day of September, 2009.
City Clerk, City of Dubuque, Iowa
(End of Notice)
-4-
PASSED AND APPROVED this 8t" day of September, 2009..
cam"
.~~-(
eanne F. Schneider, CMC
City Clerk
Attest:
f / ,~~ ;~
Roy D. Buol, Nlayor
-5-
CERTIFICATE
STATE OF IOWA )
SS
COUNTY OF DUBUQUE )
I, the undersigned City Clerk of the City of Dubuque, State of Iowa, do hereby
certify that attached is a true and complete copy of the portion of the corporate records of
the City showing proceedings of the City 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
~iained 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 City hereto affixed this day of
.2009.
City Clerk, City of Dubuque, State of Iowa
(SEAL)
DCORNELll 6294] I.1 /MSWord\10422.092
r~~.
CERTIFICATE
STATE OF IOWA )
SS
COUNTY OF DUBUQUE )
I, the undersigned, do hereby certify that I am now and was at the tunes
hereinafter mentioned, the duly qualified and acting Clerk of the City of Dubuque, in the
County of Dubuque, State of Iowa, and that as such Clerk and by full authority from the
Council of the City, I have caused a
NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED
ISSUANCE OF NOT TO EXCEED $3,000,000 GENERAL
OBLIGATION BONDS, SERIES 2009, OF THE CITY OF DUBUQUE,
AND THE HEARING ON THE ISSUANCE THEREOF
of which the clipping annexed to the publisher's affidavit hereto attached is in
words and figures a correct and complete copy, to be published as required by law
in the Telegraph Herald, a legal newspaper published at least once weekly, printed
wholly in the English language, published regularly and mailed through the post
office of current entry for more than two years and which has had for snore than
two years a bona fide paid circulation recognized by the postal laws of the United
States, and has a general circulation in the City, and that the Notice was published
in all of the issues thereof published and circulated on the following date:
2009.
WITNESS my official signature at Dubuque, Iowa, this day of
.2009.
City Clerk, City of Dubuque, State of Iowa
(SEAL;)
DCORNELU629412.1 /MSWord\10422.092