General Obligation UR Bonds_$13.5M_Parking Ramp, Public InfrastructureTHE CITY OF Dubuque
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~T T~ E au-am~cacl~
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Mastet~piece 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
$13,500,000 General Obligation Urban Renewal Bonds for Construction of
a Parking Ramp and Public Infrastructure Improvements within Dubuque
Industrial Center West
DATE: September 2, 2009
Finance Director Ken TeKippe recommends the City Council set a public hearing for
September 21, 2009, on the proposal to issue General Obligation Bonds, Series 2009,
the proceeds of urban renewal project activities under the authority of Chapter 403 of
the Code of Iowa and the Amended and Restated Urban Renewal Plans for the Greater
Downtown Urban Renewal District and the Dubuque Industrial Center West Economic
Development District, including those costs associated with the construction of a multi-
story public parking ramp located at 5th and Bluff Streets, and the construction of street,
sewer, sidewalk, trail and other public infrastructure improvements within Dubuque
Industrial Center West. Although the City is selling General Obligation Bonds to support
the projects, repayment of the debt will be from parking revenue and tax increment
revenues of the Greater Downtown Urban Renewal and Dubuque Industrial Center
West District.
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
Kenneth J. TeKippe, Finance Director
THE CITY OF
I~UB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Kenneth J. TeKippe, Finance Director ' 2~~,~,..~`
Dubuque
AN-AmedcaC~y
.' ~ .~
2007
"~`~` K ~'
SUBJECT: Proceedings to Set Public Hearing on the Issuance of Not to Exceed
$13,500,000 General Obligation Urban Renewal Bonds for Construction of
a Parking Ramp and Public Infrastructure Improvements within Dubuque
Industrial Center West
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, the proceeds of urban
renewal project activities under the authority of Chapter 403 of the Code of Iowa and the
Amended and Restated Urban Renewal Plans for the Greater Downtown Urban
Renewal District and the Dubuque Industrial Center West Economic Development
District, including those costs associated with the construction of a multi-story public
parking ramp located at 5th and Bluff Streets, and the construction of street, sewer,
sidewalk, trail and other public infrastructure improvements within Dubuque Industrial
Center West. Although we are selling General Obligation Bonds to support the projects,
repayment of the debt will be from parking revenue and tax increment revenues of the
Greater Downtown Urban Renewal and Dubuque Industrial Center West District. 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 $13,500,000 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 GOONEY, 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
September 1, 2009
BY OVERNIGHT DELIVERY
Mr. Ken TeKippe
Finance Officer
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001-4864
Direct Dial:
(515)246-0332
RE: Not to exceed $13,500,000 General Obligation -Urban Renewal Bonds
Dear Mr. TeKippe:
We have now prepared and are enclosing herewith suggested proceedings to be
acted upon by the Council in fixing the date of the meeting on the proposition to issue the
above mentioned Bonds and ordering publication of notice of hearing consistent with the
provisions of Code Sections 403.12 and 384.24(3)(q).
Notice of the 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 ten clear 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.
WISFiARD &BAILY - 1888; GUERNSEY &BAILY - 1893; BAILY ~ STIPP - 1901; $TIPP, PERRY, BANNISTER 8~ STARZINGER - 1 914; BANNISTER, CARPENTER,
AHLERS & GOONEY - 1950; AHLERS, GOONEY, DORWEILER, ALLBEE, HAYNIE 8~ SMITH - 1974; AHLERS, GOONEY, DORWEII.r=R, HAYNIE, SMITH S~ ALLBEE, P.C. -
1990
September 1, 2009
Page 2
An extra copy of the proceedings is enclosed to be filled in as the original and
certified back to this office, together with the publisher's affidavit of publication
concerning the 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.
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,
William J. Noth
WJN:dc
encl.
cc: Jenny Larson (w/encl.)
Barry Lindahl (w/encl.)
DCORNELU 629444.1 /MSWord\10422.092
~~`~ . ,_
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
vuvernnrental Body:
Date of Meeting:
Time of Meeting:
Place of Meeting
The City Council of the City of Dubuque, Iowa.
2009.
o'clock .M.
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 $13,500,000 General Obligation Urban Renewal Bonds, Series 2009.
Resolution fixing date for a meeting on the proposition to issue.
Such additional matters as are set forth on the additional pages} 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 session,
~. ''. ° "~~~-' s~-~:; Federal Building, 350 West 6th Street, Dubuque, Iowa, at
~: j ~.: r. .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 $13,500,000 GENERAL OBLIGATION URBAN
RENEWAL BONDS, SERIES 2009, 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. 328-09
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $13,500,000
GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2009,
OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF
WHEREAS, the City of Dubuque, State of Iowa, is in need of funds to carry out
the urban renewal projects as hereinafter described; and, it is deemed necessary that
the City should issue General Obligation Urban Renewal Bonds, Series 2009, to the
amount of not to exceed $13,500,000, as authorized by Sections 403.12 and
384.24(3)(q) of the Code of Iowa, for the purpose of providing funds to pay costs
thereof; and
WHEREAS, before said Bonds may be issued, it is necessary to comply with the
procedural requirements of Chapter 384 of the City Code of Iowa, and to publish a
notice of the proposal to issue such Bonds and the right to petition for an election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
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 $13,500,000
General Obligation Urban Renewal Bonds, Series 2009, the proceeds of which Bonds
will be used 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 Plans for the Greater
Downtown Urban Renewal District and the Dubuque Industrial Center West Economic
Development District, including those costs associated with the construction of a multi-
story public parking ramp located at 5th and Bluff Streets, and the construction of street,
sewer, sidewalk, trail and other public infrastructure improvements within Dubuque
Industrial Center West.
Section 2. That the Clerk is hereby directed to cause at least one publication to
be made of a notice of 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 ten nor more than twenty days before the date of
public meeting on the issuance of the Bonds.
Section 3. The notice of the proposed action to issue said Bonds shall be in
substantially the following form:
NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO
EXCEED $13,500,000 GENERAL OBLIGATION URBAN RENEWAL BONDS,
SERIES 2009, OF THE CITY, AND THE HEARING ON THE ISSUANCE
THEREOF
PUBLIC NOTICE is hereby given that the City Council of 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
$13,500,000 General Obligation Urban Renewal Bonds, Series 2009, of the City, 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 Plans for the Greater Downtown
Urban Renewal District and the Dubuque Industrial Center West Economic
Development District, including those costs associated with the construction of a multi-
story public parking ramp located at 5th and Bluff Streets, and the construction of street,
sewer, sidewalk, trail and other public infrastructure improvements within Dubuque
Industrial Center West.
At any time before the date of the meeting, a petition, asking that the question of
issuing such Bonds be submitted to the legal voters of the City, may be filed with the
Clerk of the City, in the manner provided by Section 362.4 of the City Code of Iowa.
Also, 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
or petitions asking that the proposition be submitted to an election have been received
and considered, the Council will at this meeting or at any adjournment thereof, take
additional action for the issuance of such Bonds or will take such other action as it may
deem appropriate.
This Notice is given by order of the Council of the City of Dubuque, Iowa, as
provided by Section 403.12 of the Code of Iowa. Section 384.25 of the City Code of
Iowa is applicable to this notice and to the above public hearing.
Dated this 11th day of September, 2009.
City Clerk, City of Dubuque, Iowa
(End of Notice)
i
PASSED AND APPR®VED this 8t" day of September, 2009. ~
~` ~ ~F~
,~~~ f ~~ -~1.~A_
,~~~ Roy D. Buol, fVlayor
Attest:
~•
~~' ~
eanne F. Schneider, CMC
City Clerk
CERTIFICATE
STATE OF IOWA )
SS
~,vuN'I~Y 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
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 City hereto affixed this day of
.2009.
City Clerk, City of Dubuque, State of Iowa
(SEAL)
DCORNELL/ 629404.1 /MSWord\10422.092
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CERTIFICATE
STATE OF IOWA )
SS
COUNTY OF DUBUQUE )
I, the undersigned, do hereby certify that I am now and was at the times
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 TI-iI CITY OF
DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED
ISSUANCE OF NOT TO EXCEED $13,500,000 GENERAL
OBLIGATION URBAN RENEWAL 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 more 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.)
DCORNELU629405.1 /MSWord\10422.092