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General Obligation Urban Renewal Bonds$13.5m_Parking Ramp, DICW Improvements2007 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 $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 15, 2009 Finance Director Ken TeKippe is recommending adoption of a "Resolution Instituting Proceedings to Take Additional Action for the Issuance of Not to Exceed $13,500,000 General Obligation Bonds." The proceeds of the bonds will be used to pay costs of certain 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. Mi ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Kenneth J. TeKippe, Finance Director THE CTTY OF SUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Kenneth J. TeKippe, Finance Director Dubuque 1~-Americac~y .~ ,~ 200 ;~~~ ~; ~- SUBJECT: Proceedings for 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 14, 2009 The purpose of this memorandum is to provide the suggested proceedings for the public hearing on the issuance of General Obligation Bonds 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 $13,500,000 General Obligation Bonds." The proceeds of the Bonds will be used to pay costs of certain 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 District and Dubuque Industrial Center West District. A letter from attorney William Noth detailing information on the bond hearing is enclosed. The proceedings have been prepared on the basis that no objections or petitions calling for an election on the Bond proposal 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, and assuming no such petitions have been filed, a resolution is to be introduced and adopted entitled "Resolution Instituting Proceedings to Take Additional Action for the Issuance of Not to Exceed $13,500,000 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. Section 384.25 of the Code of Iowa provides that any resident or property owner of the City may appeal the decision to take additional action to issue the Bonds, to the District Court of a county in which any part of the City is located, within 15 days after such additional action is taken, but that the additional action is final and conclusive unless the court finds that the Council exceeded its authority. The action step for City Council is to hold the public hearing and approve the resolution instituting proceedings to take additional action. KT/jg Enclosures cc: Barry Lindahl, City Attorney Jenny Larson, Budget Director Jeanne Schneider, City Clerk AHLERS ~COONEY, P.C. 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 10, 2009 BY FEDERAL EXPRESS Mr. Ken TeKippe Finance Officer City of Dubuque 50 West 13th Street Dubuque, Iowa 52001-4864 Direct Dial: (5151246-0332 RE: Not to exceed $13,500,000 General Obligation Urban Renewal Bonds Dear Mr. TeKippe: With this letter I am enclosing suggested proceedings to be acted upon by the City Council on the date fixed for the hearing on the proposed issuance of the above General Obligation Urban Renewal Bonds. This proposal is subject to the "reverse referendum" procedures, under which petitions inay be filed prior to the hearing asking that the particular bond proposal be submitted to an election. The proceedings assume that no petition has been received calling for an election on the proposed action of the Council to issue bonds for the purposes described. At the hearing, the Council should receive any oral or written objections to the proposal under consideration. If no petition has been filed with respect to the proposal, and the Council decides not to abandon the proposal to issue bonds for the purposes described, the Council then should proceed to adopt the resolution that follows, instituting proceedings to take additional action for the issuance of the bonds under consideration. In the event the Council decides to abandon the proposal to issue certain of the 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. WISHARO $ GAILY - 1888; GUERNSEY $ GAILY - 1893: GAILY $STIPP - 1901 ;STIPP, PERRY. BANNISTER $ STARZINGER - 1914; BANNISTER, CARPENTER. AHLERS $ GOONEY - 1950: AHLERS, GOONEY, DORWEILER, ALLBEE, HAYNIE $ SMITH - 1974: AHLERS, CGONEV. DORWEILER, HAYP:IE, SMITH $ALLBEE. P. C. - 1990 September 10, 2009 Page 2 If a petition has been received with respect to the 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 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. Also enclosed is an extra copy of the proceedings to be filled in as the original and returned 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. Very truly yours, William J. Noth WJN:dc encl. cc: Jenny Larson (w/encl.) Barry Lindahl (w/encl.) DCORNELU629995.1 /MSWord\10422.092 ~~~d~~fVAL Governmental Body Date of Meeting: Time of Meeting: Place of Meeting: (This Notice to be posted) NOTICE AND CALL OF PUBLIC 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 Public hearing on the issuance. Resolution instituting proceedings to take additional action. 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'clock .M., on the above date. There were present Mayor , in the chair, and the following named Council Members: Absent: ******* -1- The Mayor announced that this was the time for meeting on the matter of the issuance of not to exceed $13,500,000 General Obligation Urban Renewal Bonds of the City of Dubuque, Iowa; 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, and that notice had been published as provided by Section 403.12 and Section 384.25 of the Code of Iowa of the proposal to issue the Bonds and the right to petition for an election. The Mayor then asked the Clerk whether any petition had been filed in the Clerk's office, as contemplated in Section 384.26 of the City Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether, pursuant to Section 384.25 of the City Code of Iowa, any written objections had been filed by any City resident or property owner of the City resident, to the issuance of the. Bonds. The Clerk advised the Mayor and the Council that written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and 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) -2- Whereupon, the Mayor Pro-Tem declared the hearing on the issuance of the bonds to be closed. 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 AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $13,500,000 GENERAL OBLIGATION URBAN RENEWAL BONDS" and moved its adoption. Council Member Resnick seconded the motion to adopt. The roll was called and the vote was, AYES: Braig, Connors, Jones, Lynch, Resnick, Voetberg NAYS: None Whereupon, the Clerk declared the measure duly adopted. RESOLUTION NO. 365-09 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $13,500,000 GENERAL OBLIGATION URBAN RENEWAL 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 $13,500,000 General Obligation Urban Renewal Bonds, for the 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 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, and no petition was filed calling for a referendum thereon. 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 COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That pursuant to Section 384.25 of the City Code of Iowa this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $13,500,000 General Obligation Urban Renewal Bonds for the foregoing purposes. -4- PASSED AfVD APPR®VED this 21St day of September, 2009. Attest: ,- ,~ . ~~ ,~' ~~~~ o c E. Connors, Mayor Pro-l`em ,J~anne F. Schneider, CMC City Clerk 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 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, Iowa (SEAL) DCORNELL 629902.1 /MSWord\10422.092