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