Five Flags Civic Center Commission Recommendation Regarding Delay of ReferendumCity of Dubuque
ITEM TITLE:
SUMMARY:
SUGGESTED DISPOSITION:
Copyrighted
April 6, 2020
Action Items # 9.
Five Flags Civic Center Commission Recommendation
Regarding Delay of Referendum Vote
Correspondence from Five Flags Civic Center
Commission regarding a recommendation relative to the
delay of the Five Flags Civic Center referendum vote
currently set by the City Council for September 8, 2020.
Suggested Disposition: Receive and File; Council
ATTACHMENTS:
Description
Civic Center Commission Correspondence
Staff memo
City Attorney Memo re Questions About Delay of
Referendum (Added Late)
Letter from Dubuque Area Chamber of Commerce
Five Flags Referendum Timeline from City Attorney
Type
Supporting Documentation
Staff Memo
Supporting Documentation
Supporting Documentation
Supporting Documentation
Masterpiece on the Mississippi
TO: Mayor Roy D. Buol and Members of the Dubuque City Council
FROM: Members of the Five Flags Civic Center Commission
SUBJECT: Recommendation Regarding Delay of Five Flags Civic Center
Referendum Vote
DATE: April 1, 2020
Dubuque
121131
AII•America City
NAPO.<MC I l C4_U1:
2007*2012*2013
2017*2019
This letter is to outline the action taken at the last Five Flags Civic Center
Commission (FFCCC) meeting on April 1, 2020 regarding a recommendation relative to
the delay of the Five Flags Civic Center referendum vote currently set by the City
Council for September8, 2020.
In a unanimous decision, the FFCCC voted to recommend that the special
election does not take place on September 8, 2020. The commission also decided to
make a recommendation for a new election date in 2021 to be determined at a later
commission meeting. The main driver for these decisions is the greatly reduced
opportunity for citizens to organize and educate themselves regarding the expansion
project.
The commission expects to recommend a new election date in 2021, but we are
not willing to make an exact decision at this time. There are too many unknown
potential long-term impacts that could result from the COVID-19 pandemic. This item
will be revisited at each of our next regularly scheduled commission meetings until
resolved.
In summary, the FFCCC is recommending that the city council postpone the
special election scheduled for September 8, 2020 and consider a to -be -determined
recommendation for a new date in 2021.
The FFCCC remains at your disposal for any questions and feedback regarding
this issue.
With Best Regards,
The Five Flags Civic Center Commission
Nicholas Huff — Chairperson
Tyler Daugherty — Vice Chairperson
Rod Bakke
McKenzie Blau
Bryce Parks
2
Masterpiece on the Mississippi
Dubuque
121131
AII•America City
NAPO.<MC I l C4_U1:
2007*2012*2013
2017*2019
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Recommendation from Five Flags Civic Center Commission Regarding
Delay of Referendum Vote
DATE: April 1, 2020
INTRODUCTION
The purpose of this memorandum is to forward a recommendation from the Five Flags
Civic Center Commission regarding the delay of the referendum vote currently set for
September 8, 2020.
DISCUSSION
Civic Center Commission:
The Civic Commission met on April 1, 2020 and formulated a recommendation for the
City Council. Their recommendation is attached to this agenda item. The meeting was
held as a virtual meeting. As a part of the meeting announcement it was advertised that
individuals could give input via a Leisure Services phone number, Facebook page or
email or a direct link to the citizen WebQA system.
Input:
At the writing of this memo this was the input received.
Nick Schrup, chair of the Yes for Five Flags, noted the committee of Yes for Five Flags
had not taken a formal position on the issue. He shared on behalf of the committee it
was reasonable to seriously consider rescheduling the vote alternative vote dates based
upon the facts as they relate to the issues of today.
A phone call from a couple that did not want to leave their names that felt that the $74
million could be spent elsewhere and Five Flags become a parking garage.
A letter from the Dubuque Area Chamber of Commerce was received by City Council
members prior and is attached to this agenda item.
Any further input received would be provided to the City Council prior to their meeting.
Cost:
I spoke with Bill Krueger of Conventions, Sports and Leisure International to discuss if
there was a delay to the proposed Five Flags Civic Center project, what that would
mean for the pricing of the project. Mr. Krueger shared that in his career he has been
involved with the aftermath of several events that might assist in a general answer. He
was consulting with communities and organizations when 9/11 as well as Hurricane
Katrina happened as two major examples.
If one acts, any one or more of these conditions can affect pricing such as the global,
national and regional conditions, labor pool availability of the various contractors, plus
equipment and supply needs, volatile construction pricing and production costs,
construction materials availability, supply chain and even business stability of
contractors. He shared one might think the pricing coming out would be lower and it
could be for some elements of the project but might be higher for others.
Given all the uncertainty and unknown factors, he felt that any new work to update
construction costs for the Five Flags project would be best served to be delayed for 2-3
months to allow for settling of construction labor and supply chain markets.
ACTION REQUESTED
This memorandum is for informational purposes only.
cc: HR Cook, General Manager
Crenna Brumwell, City Attorney
Jenny Larson, Budget and Finance Director
2
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, ESQ.
CITY ATTORNEY
To: MAYOR ROY D. BUOL AND MEMBERS OF THE CITY COUCIL
DATE: APRIL 2, 2020
RE: FIVE FLAGS REFERENDUM - DELAY QUESTIONS
Dubuque
AA•Ameriea City
1'I f 1°I
2007.2012.2013
2017*2019
I was asked this week whether it would be possible to delay the Five Flags Referendum
currently scheduled for September 8, 2020.
The date of the referendum can be changed up until the ballot deadline. The ballot
deadline is set per state code, Section 47.6 (1) (a) which I'm attaching and is 46 days
prior to the special election/referendum date. By my count the City Council would have
until July 23, 2020 to change the date of the Five Flag Referendum as the ballot
deadline is July 24, 2020.
Included you will find a memo I wrote in November 2019 which outlined the possible
dates for the Five Flags Referendum for 2020 and 2021.
I would like to note that there are restrictions on withdrawing an item from a ballot
contained in Section 47.6 (1) (b).
Please advise if you have additional questions or need additional information. Thank
you, be well.
cc: Michael C. Van Milligen, City Manager
Kevin S. Firnstahl, City Clerk
Marie Ware, Leisure Services Manager
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 589-4381 / FAx (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org
IOWA CODE
47.6 Election dates — conflicts — public measures.
1. a. (1) The governing body of a political subdivision which has authorized a
special election to which section 39.2, subsections 1, 2, and 3, are applicable shall
by written notice inform the commissioner who will be responsible for conducting
the election of the proposed date of the special election.
(a) If a public measure will appear on the ballot at the special election, the
governing body shall submit the complete text of the public measure to the
commissioner with the notice of the proposed date of the special election.
(b) If the proposed date of the special election coincides with the date of a regularly
scheduled election or previously scheduled special election, the notice shall be
given no later than 5:00 p.m. on the last day on which nomination papers may be
filed with the commissioner for the regularly scheduled election or previously
scheduled special election, but in no case shall notice be Tess than thirty-two days
before the election. Otherwise, the notice shall be given at least forty-six days
in advance of the date of the proposed special election.
(2) Upon receiving the notice, the commissioner shall promptly give written
approval of the proposed date unless it appears that the special election, if held on
that date, would conflict with a regular election or with another special election
previously scheduled for that date.
b. A public measure shall not be withdrawn from the ballot at any election if the
public measure was placed on the ballot by a petition, or if the election is a special
election called specifically for the purpose of deciding one or more public measures
for a single political subdivision. However, a public measure which was submitted
to the county commissioner of elections by the governing body of a political
subdivision may be withdrawn by the governing body which submitted the public
measure if the public measure was to be placed on the ballot of a regularly
scheduled election. The notice of withdrawal must be made by resolution of the
governing body and must be filed with the commissioner no later than the last day
upon which a candidate may withdraw from the ballot.
2. For the purpose of this section, a conflict between two elections exists only
when one of the elections would require use of precinct boundaries which differ
from those to be used for the other election, or when some but not all of the
registered voters of any precinct would be entitled to vote in one of the elections
and all of the registered voters of the same precinct would be entitled to vote in the
other election. Nothing in this subsection shall deny a commissioner discretionary
authority to approve holding a special election on the same date as another
election, even though the two elections may be defined as being in conflict, if the
commissioner concludes that to do so will cause no undue difficulties.
3. a. A city council, county board of supervisors, school district board of directors,
or merged area board of directors that has authorized a public measure to be
submitted to the voters at a special election held pursuant to section 39.2,
2
subsection 4, shall file the full text of the public measure with the commissioner no
later than 5:00 p.m. on the forty-sixth day before the election.
b. If there are vacancies in county offices to be filled at the special election,
candidates shall file their nomination papers with the commissioner not later than
5:00 p.m. on the forty-sixth day before the election.
c. If there are vacancies in city offices to be filled at the special election, candidates
shall file their nomination papers with the city clerk not later than 5:00 p.m. on the
forty-seventh day before the election. The city clerk shall deliver the nomination
papers to the commissioner not later than 5:00 p.m. on the forty-sixth day before
the election. Candidates for city offices in cities in which a primary election may be
necessary shall file their nomination papers with the city clerk not later than 5:00
p.m. on the fifty-fourth day before the election. The city clerk shall deliver the
nomination papers to the commissioner not later than 5:00 p.m. on the fifty-third
day before the election.
3
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, EsQ`
CITY ATTORNEY
To: Mayor Roy D. Buol
and Members of the City Council
DATE: November 8, 2019
RE: Five Flags Referendum Timeline UPDATE
Dubuque
AltheriaCiry
i /
2007.2012.2013
2017*2019
In late 2018 I looked into the timeline related to referendum issues under Iowa law. This
is an update to that information, with the main change being a 2019 amendment to the
State code which modified the allowable dates for special elections.
Special elections are held in accordance with the authorized dates contained in Iowa
Code, Section 39.2(4). The updates to the Iowa Code provide for different dates in even
years and odd years. As a result, the possible dates for a referendum for 2020 and 2021
could be:
2020
• First Tuesday in March
• Second Tuesday in September
2021
• First Tuesday in March
• Second Tuesday in September
• First Tuesday after the first Monday in November
A referendum for the issuance of bonds for a general corporate purpose is govemed by
Iowa Code, Sections 75.1 and 384.26(2-4).
A special election cannot be scheduled until the County Auditor receives a copy of the
action by the City Council calling for the special election. Iowa Code, Section 47.6(3)
requires the applicable County official have notice from the City forty-six (46) days prior
to the date of the referendum vote.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 589-4381 / FAX (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org
Here are the time lines for each of the possible special election/referendum dates in 2020
and 2021:
March 3, 2020 Special Election
January 17, 2020: Ballot Deadline for County
January 6, 2020: Last City Council Meeting before ballot deadline
As directed:
ASAP:
City staff prepares factual information related to scope, cost, and
impact of project on taxes, City staff presents to groups upon
request, City staff responds to questions.
Recommend City Council initiate discussion of ballot language if City
Council intends to initiate a special election related to the issuance
of general obligation bonds for a project at the Five Flags Center.
September 8, 2020 Special Election
July 24, 2020: Ballot Deadline for County
July 20, 2020: Last City Council Meeting before ballot deadline
As directed: City staff prepares factual information related to scope, cost, and
impact of project on taxes, City staff presents to groups upon
request, City staff responds to questions.
ASAP:
Recommend City Council initiate discussion of ballot language if City
Council intends to initiate a special election related to the issuance
of general obligation bonds for a project at the Five Flags Center.
March 2, 2021 Special Election
January 15, 2021: Ballot Deadline for County
January 4, 2021: Last City Council Meeting before ballot deadline
As directed: City staff prepares factual information related to scope, cost, and
impact of project on taxes, City staff presents to groups upon
request, City staff responds to questions.
ASAP:
Recommend City Council initiate discussion of ballot language if City
Council intends to initiate a special election related to the issuance
of general obligation bonds for a project at the Five Flags Center.
2
September 14, 2021 Special Election
July 30, 2021: Ballot Deadline for County
July 19, 2021: Last City Council Meeting before ballot deadline
As directed: City staff prepares factual information related to scope, cost, and
impact of project on taxes, City staff presents to groups upon
request, City staff responds to questions.
ASAP:
Recommend City Council initiate discussion of ballot language if City
Council intends to initiate a special election related to the issuance
of general obligation bonds for a project at the Five Flags Center.
November 2, 2021 Special Election
September 17, 2021: Ballot Deadline for County
September 7, 2021: Last City Council Meeting before ballot deadline
As directed: City staff prepares factual information related to scope, cost,
and impact of project on taxes, City staff presents to groups
upon request, City staff responds to questions.
ASAP:
Recommend City Council initiate discussion of ballot
language if City Council intends to initiate a special election
related to the issuance of general obligation bonds for a
project at the Five Flags Center.
Ideally, if a special election will be held on the issuance of general obligation bonds related
to the Five Flags Center the City would provide the ballot language to the County further
in advance of the minimum forty-six (46) days required prior to the vote.
If you have any questions, please let me know. Thank you.
cc: Michael C. Van Milligen, City Manager
Kevin S. Fimstahl, City Clerk
Marie Ware, Leisure Services Manager
3
Iowa Code Sections
39.2 Special elections.
1. a. All special elections which are authorized or required by law, unless the
applicable law otherwise requires, shall be held on Tuesday. A special election
shall not be held on the first, second, third, and fourth Tuesdays preceding and
following the primary and the general elections.
b. A special election shall not be held in conjunction with the primary election. A
special election shall not be held in conjunction with a regularly scheduled or
special city primary or city runoff election.
2. Except as otherwise provided in subsection 1, a special election may be held on the
same day as a regularly scheduled election if the two elections are not in conflict within
the meaning of section 47.6, subsection 2. A special election may be held on the same
day as a regularly scheduled election with which it does so conflict if the commissioner
who is responsible for conducting the elections concludes that to do so will cause no
undue difficulties, except that a special election for a city, school district, or merged area
shall not be scheduled to coincide with the general election.
3. a. When voting is to occur on the same day in any one precinct for two or more
elections, they shall be considered one election for purposes of administration
including but not limited to publishing notice of the election, preparation of the
precinct election register and completion of tally sheets after the polling place has
closed.
b. If a special election to fill a vacancy is held in conjunction with a regularly
scheduled election, the filing deadlines for the special election shall coincide with
the filing deadlines for the regularly scheduled election. An election to fill a vacancy
in a city office cannot be held in conjunction with a general election if the city
election procedures provide for a primary election.
4. Unless otherwise provided by law, special elections on public measures are limited to
the following dates:
a. For a county, in an odd -numbered year, the first Tuesday in March, the second
Tuesday in September, or the first Tuesday after the first Monday in November.
For a county, in an even -numbered year, the first Tuesday in March or the second
Tuesday in September.
b. For a city, in an odd -numbered year, the first Tuesday in March, the second
Tuesday in September, or the first Tuesday after the first Monday in November.
For a city, in an even -numbered year, the first Tuesday in March or the second
Tuesday in September.
4
c. For a school district or merged area, in the odd -numbered year, the first Tuesday
in March, the second Tuesday in September, or the first Tuesday after the first
Monday in November. For a school district or merged area, in the even -numbered
year, the first Tuesday in March, or the second Tuesday in September.
47.6 Election dates — conflicts — public measures.
1. a. (1) The governing body of a political subdivision which has authorized a
special election to which section 39.2, subsections 1, 2, and 3, are
applicable shall by written notice inform the commissioner who will be
responsible for conducting the election of the proposed date of the special
election.
(a) If a public measure will appear on the ballot at the special
election, the governing body shall submit the complete text of the
public measure to the commissioner with the notice of the proposed
date of the special election.
(b) If the proposed date of the special election coincides with the
date of a regularly scheduled election or previously scheduled
special election, the notice shall be given no later than 5:00 p.m. on
the last day on which nomination papers may be filed with the
commissioner for the regularly scheduled election or previously
scheduled special election, but in no case shall notice be less than
thirty-two days before the election. Otherwise, the notice shall be
given at least forty-six days in advance of the date of the proposed
special election.
(2) Upon receiving the notice, the commissioner shall promptly give
written approval of the proposed date unless it appears that the special
election, if held on that date, would conflict with a regular election or with
another special election previously scheduled for that date.
b. A public measure shall not be withdrawn from the ballot at any election if
the public measure was placed on the ballot by a petition, or if the election is a
special election called specifically for the purpose of deciding one or more public
measures for a single political subdivision. However, a public measure which was
submitted to the county commissioner of elections by the governing body of a
political subdivision may be withdrawn by the governing body which submitted the
public measure if the public measure was to be placed on the ballot of a regularly
scheduled election. The notice of withdrawal must be made by resolution of the
governing body and must be filed with the commissioner no later than the last day
upon which a candidate may withdraw from the ballot.
2. For the purpose of this section, a conflict between two elections exists only when
one of the elections would require use of precinct boundaries which differ from those to
5
be used for the other election, or when some but not all of the registered voters of any
precinct would be entitled to vote in one of the elections and all of the registered voters
of the same precinct would be entitled to vote in the other election. Nothing in this
subsection shall deny a commissioner discretionary authority to approve holding a special
election on the same date as another election, even though the two elections may be
defined as being in conflict, if the commissioner concludes that to do so will cause no
undue difficulties.
3. a. A city council, county board of supervisors, school district board of directors,
or merged area board of directors that has authorized a public measure to be
submitted to the voters at a special election held pursuant to section 39.2,
subsection 4, shall file the full text of the public measure with the commissioner no
later than 5:00 p.m. on the forty-sixth day before the election.
b. If there are vacancies in county offices to be filled at the special election,
candidates shall file their nomination papers with the commissioner not later than
5:00 p.m. on the forty-sixth day before the election.
c. If there are vacancies in city offices to be filled at the special election,
candidates shall file their nomination papers with the city clerk not later than 5:00
p.m. on the forty-seventh day before the election. The city clerk shall deliver the
nomination papers to the commissioner not later than 5:00 p.m. on the forty-sixth
day before the election. Candidates for city offices in cities in which a primary
election may be necessary shall file their nomination papers with the city clerk not
later than 5:00 p.m. on the fifty-fourth day before the election. The city clerk shall
deliver the nomination papers to the commissioner not later than 5:00 p.m. on the
fifty-third day before the election.
75.1 Bonds — election — vote required.
1. a. When a proposition to authorize an issuance of bonds by a county,
township, school corporation, city, or by any local board or commission, is
submitted to the electors, such proposition shall not be deemed carried or adopted,
anything in the statutes to the contrary notwithstanding, unless the vote in favor of
such authorization is equal to at least sixty percent of the total vote cast for and
against said proposition at said election.
b. Ballots cast but not counted as a vote for or against the proposition shall not
be used in computing the total vote cast for and against said proposition.
2. When a proposition to authorize an issuance of bonds has been submitted to the
electors under this section and the proposal fails to gain approval by the required
percentage of votes, such proposal, or any proposal which incorporates any portion of
the defeated proposal, shall not be submitted to the electors for a period of six months
from the date of such regular or special election and may only be submitted on a date
specified in section 39.2, subsection 4, paragraph "a", "b", or "c", as applicable.
6
384.26 General obligation bonds for general purposes.
1. A city which proposes to carry out any general corporate purpose within or without
its corporate limits, and to contract indebtedness and issue general obligation bonds to
provide funds to pay all or any part of the costs of a project, must do so in accordance
with the provisions of this subchapter.
2. Before the council may institute proceedings for the issuance of bonds for a
general corporate purpose, it shall call a special city election to vote upon the question of
issuing the bonds. At the election the proposition must be submitted in the following form:
Shall the (insert the name of the city) issue its bonds in an amount
not exceeding the amount of $ for the purpose of ?
3. Notice of the election must be given by publication as required by section 49.53 in
a newspaper of general circulation in the city. At the election the ballot used for the
submission of the proposition must be in substantially the form for submitting special
questions at general elections.
4. The proposition of issuing general corporate purpose bonds is not carried or
adopted unless the vote in favor of the proposition is equal to at least sixty percent of the
total vote cast for and against the proposition at the election. If the proposition of issuing
the general corporate purpose bonds is approved by the voters, the city may proceed with
the issuance of the bonds.
5. a. Notwithstanding the provisions of subsection 2, a council may, in lieu of
calling an election, institute proceedings for the issuance of bonds for a general
corporate purpose by causing a notice of the proposal to issue the bonds, including
a statement of the amount and purpose of the bonds, together with the maximum
rate of interest which the bonds are to bear, and the right to petition for an election,
to be published at least once in a newspaper of general circulation within the city
at least ten days prior to the meeting at which it is proposed to take action for the
issuance of the bonds subject to the following limitations:
(1) In cities having a population of five thousand or less, in an amount of
not more than four hundred thousand dollars.
(2) In cities having a population of more than five thousand and not more
than seventy-five thousand, in an amount of not more than seven hundred
thousand dollars.
(3) In cities having a population in excess of seventy-five thousand, in
an amount of not more than one million dollars.
b. If at any time before the date fixed for taking action for the issuance of the
bonds, a petition is filed with the clerk of the city in the manner provided by section
7
362.4, asking that the question of issuing the bonds be submitted to the registered
voters of the city, the council shall either by resolution declare the proposal to issue
the bonds to have been abandoned or shall direct the county commissioner of
elections to call a special election upon the question of issuing the bonds. Notice
of the election and its conduct shall be in the manner provided in the preceding
subsections of this section.
c. If no petition is filed, or if a petition is filed and the proposition of issuing the
bonds is approved at an election, the council may proceed with the authorization
and issuance of the bonds.
8
DUBUQUE AREA
CHAMBER
WHERE BUSINESS BELONGS
March 26, 2020
RE: Five Flags Referendum
Dear Mr. Mayor and Dubuque City Council,
On behalf of the Dubuque Area Chamber of Commerce, representing 1140 members and 60,000 jobs in
the Dubuque area, we respectfully request your consideration on an indefinite postponement for the
Five Flags bond referendum vote, currently scheduled for September 2020.
We recognize the COVID-19 global health emergency has created significant disruption and uncertainty
to our daily lives. Debating the merits of such an important and significant investment would be a
tremendous effort under even normal circumstances. The current economic climate and hardships,
facing our businesses and residents alike, require discussions about support and recovery, rather than
increased tax impacts.
The Dubuque Area Chamber of Commerce believes the Five Flags expansion is an extremely important
economic investment discussion for our community. However, the timing of this discussion, based on
the current September 2020 vote plan, is not conducive to accurately evaluate the business community
position.
This request is in no way an indication of support or opposition for the said referendum. The Chamber
has not taken a position on the referendum; however, we do hope this issue can be revisited in the
future when we can all enjoy a return to normalcy and future -forward thinking.
In the best interests of all concerned, businesses and citizens, we request your consideration in
postponing the Five Flags referendum.
Sincerely,
Molly Grover CCE IOM
President
Dubuque Area Chamber of Commerce
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, ESQ.
CITY ATTORNEY
To: Mayor Roy D. Buol
and Members of the City Council
DATE: November 8, 2019
RE: Five Flags Referendum Timeline UPDATE
Dubuque
kinerd
All -America City
_V.9LTvll.11; il-.i.t
2007-2012.2013
2017*2019
In late 2018 I looked into the timeline related to referendum issues under Iowa law. This
is an update to that information, with the main change being a 2019 amendment to the
State code which modified the allowable dates for special elections.
Special elections are held in accordance with the authorized dates contained in Iowa
Code, Section 39.2(4). The updates to the Iowa Code provide for different dates in even
years and odd years. As a result, the possible dates for a referendum for 2020 and 2021
could be:
2020
• First Tuesday in March
• Second Tuesday in September
2021
• First Tuesday in March
• Second Tuesday in September
• First Tuesday after the first Monday in November
A referendum for the issuance of bonds for a general corporate purpose is governed by
Iowa Code, Sections 75.1 and 384.26(2-4).
A special election cannot be scheduled until the County Auditor receives a copy of the
action by the City Council calling for the special election. Iowa Code, Section 47.6(3)
requires the applicable County official have notice from the City forty-six (46) days prior
to the date of the referendum vote.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 589-4381 / FAX (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org
Here are the time lines for each of the possible special election/referendum dates in 2020
and 2021:
March 3, 2020 Special Election
January 17, 2020: Ballot Deadline for County
January 6, 2020: Last City Council Meeting before ballot deadline
As directed:
ASAP:
City staff prepares factual information related to scope, cost, and
impact of project on taxes, City staff presents to groups upon
request, City staff responds to questions.
Recommend City Council initiate discussion of ballot language if City
Council intends to initiate a special election related to the issuance
of general obligation bonds for a project at the Five Flags Center.
September 8, 2020 Special Election
July 24, 2020: Ballot Deadline for County
July 20, 2020: Last City Council Meeting before ballot deadline
As directed: City staff prepares factual information related to scope, cost, and
impact of project on taxes, City staff presents to groups upon
request, City staff responds to questions.
ASAP:
Recommend City Council initiate discussion of ballot language if City
Council intends to initiate a special election related to the issuance
of general obligation bonds for a project at the Five Flags Center.
March 2, 2021 Special Election
January 15, 2021: Ballot Deadline for County
January 4, 2021: Last City Council Meeting before ballot deadline
As directed:
ASAP:
City staff prepares factual information related to scope, cost, and
impact of project on taxes, City staff presents to groups upon
request, City staff responds to questions.
Recommend City Council initiate discussion of ballot language if City
Council intends to initiate a special election related to the issuance
of general obligation bonds for a project at the Five Flags Center.
2
September 14, 2021 Special Election
July 30, 2021: Ballot Deadline for County
July 19, 2021: Last City Council Meeting before ballot deadline
As directed: City staff prepares factual information related to scope, cost, and
impact of project on taxes, City staff presents to groups upon
request, City staff responds to questions.
ASAP:
Recommend City Council initiate discussion of ballot language if City
Council intends to initiate a special election related to the issuance
of general obligation bonds for a project at the Five Flags Center.
November 2, 2021 Special Election
September 17, 2021: Ballot Deadline for County
September 7, 2021: Last City Council Meeting before ballot deadline
As directed: City staff prepares factual information related to scope, cost,
and impact of project on taxes, City staff presents to groups
upon request, City staff responds to questions.
ASAP:
Recommend City Council initiate discussion of ballot
language if City Council intends to initiate a special election
related to the issuance of general obligation bonds for a
project at the Five Flags Center.
Ideally, if a special election will be held on the issuance of general obligation bonds related
to the Five Flags Center the City would provide the ballot language to the County further
in advance of the minimum forty-six (46) days required prior to the vote.
If you have any questions, please let me know. Thank you.
cc: Michael C. Van Milligen, City Manager
Kevin S. Firnstahl, City Clerk
Marie Ware, Leisure Services Manager
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Iowa Code Sections
39.2 Special elections.
1. a. All special elections which are authorized or required by law, unless the
applicable law otherwise requires, shall be held on Tuesday. A special election
shall not be held on the first, second, third, and fourth Tuesdays preceding and
following the primary and the general elections.
b. A special election shall not be held in conjunction with the primary election. A
special election shall not be held in conjunction with a regularly scheduled or
special city primary or city runoff election.
2. Except as otherwise provided in subsection 1, a special election may be held on the
same day as a regularly scheduled election if the two elections are not in conflict within
the meaning of section 47.6, subsection 2. A special election may be held on the same
day as a regularly scheduled election with which it does so conflict if the commissioner
who is responsible for conducting the elections concludes that to do so will cause no
undue difficulties, except that a special election for a city, school district, or merged area
shall not be scheduled to coincide with the general election.
3. a. When voting is to occur on the same day in any one precinct for two or more
elections, they shall be considered one election for purposes of administration
including but not limited to publishing notice of the election, preparation of the
precinct election register and completion of tally sheets after the polling place has
closed.
b. If a special election to fill a vacancy is held in conjunction with a regularly
scheduled election, the filing deadlines for the special election shall coincide with
the filing deadlines for the regularly scheduled election. An election to fill a vacancy
in a city office cannot be held in conjunction with a general election if the city
election procedures provide for a primary election.
4. Unless otherwise provided by law, special elections on public measures are limited to
the following dates:
a. For a county, in an odd -numbered year, the first Tuesday in March, the second
Tuesday in September, or the first Tuesday after the first Monday in November.
For a county, in an even -numbered year, the first Tuesday in March or the second
Tuesday in September.
b. For a city, in an odd -numbered year, the first Tuesday in March, the second
Tuesday in September, or the first Tuesday after the first Monday in November.
For a city, in an even -numbered year, the first Tuesday in March or the second
Tuesday in September.
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c. For a school district or merged area, in the odd -numbered year, the first Tuesday
in March, the second Tuesday in September, or the first Tuesday after the first
Monday in November. For a school district or merged area, in the even -numbered
year, the first Tuesday in March, or the second Tuesday in September.
47.6 Election dates — conflicts — public measures.
1. a. (1) The governing body of a political subdivision which has authorized a
special election to which section 39.2, subsections 1, 2, and 3, are
applicable shall by written notice inform the commissioner who will be
responsible for conducting the election of the proposed date of the special
election.
(a) If a public measure will appear on the ballot at the special
election, the governing body shall submit the complete text of the
public measure to the commissioner with the notice of the proposed
date of the special election.
(b) If the proposed date of the special election coincides with the
date of a regularly scheduled election or previously scheduled
special election, the notice shall be given no later than 5:00 p.m. on
the last day on which nomination papers may be filed with the
commissioner for the regularly scheduled election or previously
scheduled special election, but in no case shall notice be less than
thirty-two days before the election. Otherwise, the notice shall be
given at least forty-six days in advance of the date of the proposed
special election.
(2) Upon receiving the notice, the commissioner shall promptly give
written approval of the proposed date unless it appears that the special
election, if held on that date, would conflict with a regular election or with
another special election previously scheduled for that date.
b. A public measure shall not be withdrawn from the ballot at any election if
the public measure was placed on the ballot by a petition, or if the election is a
special election called specifically for the purpose of deciding one or more public
measures for a single political subdivision. However, a public measure which was
submitted to the county commissioner of elections by the governing body of a
political subdivision may be withdrawn by the governing body which submitted the
public measure if the public measure was to be placed on the ballot of a regularly
scheduled election. The notice of withdrawal must be made by resolution of the
governing body and must be filed with the commissioner no later than the last day
upon which a candidate may withdraw from the ballot.
2. For the purpose of this section, a conflict between two elections exists only when
one of the elections would require use of precinct boundaries which differ from those to
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be used for the other election, or when some but not all of the registered voters of any
precinct would be entitled to vote in one of the elections and all of the registered voters
of the same precinct would be entitled to vote in the other election. Nothing in this
subsection shall deny a commissioner discretionary authority to approve holding a special
election on the same date as another election, even though the two elections may be
defined as being in conflict, if the commissioner concludes that to do so will cause no
undue difficulties.
3. a. A city council, county board of supervisors, school district board of directors,
or merged area board of directors that has authorized a public measure to be
submitted to the voters at a special election held pursuant to section 39.2,
subsection 4, shall file the full text of the public measure with the commissioner no
later than 5:00 p.m. on the forty-sixth day before the election.
b. If there are vacancies in county offices to be filled at the special election,
candidates shall file their nomination papers with the commissioner not later than
5:00 p.m. on the forty-sixth day before the election.
c. If there are vacancies in city offices to be filled at the special election,
candidates shall file their nomination papers with the city clerk not later than 5:00
p.m. on the forty-seventh day before the election. The city clerk shall deliver the
nomination papers to the commissioner not later than 5:00 p.m. on the forty-sixth
day before the election. Candidates for city offices in cities in which a primary
election may be necessary shall file their nomination papers with the city clerk not
later than 5:00 p.m. on the fifty-fourth day before the election. The city clerk shall
deliver the nomination papers to the commissioner not later than 5:00 p.m. on the
fifty-third day before the election.
75.1 Bonds — election — vote required.
1. a. When a proposition to authorize an issuance of bonds by a county,
township, school corporation, city, or by any local board or commission, is
submitted to the electors, such proposition shall not be deemed carried or adopted,
anything in the statutes to the contrary notwithstanding, unless the vote in favor of
such authorization is equal to at least sixty percent of the total vote cast for and
against said proposition at said election.
b. Ballots cast but not counted as a vote for or against the proposition shall not
be used in computing the total vote cast for and against said proposition.
2. When a proposition to authorize an issuance of bonds has been submitted to the
electors under this section and the proposal fails to gain approval by the required
percentage of votes, such proposal, or any proposal which incorporates any portion of
the defeated proposal, shall not be submitted to the electors for a period of six months
from the date of such regular or special election and may only be submitted on a date
specified in section 39.2, subsection 4, paragraph "a", "b", or "c", as applicable.
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384.26 General obligation bonds for general purposes.
1. A city which proposes to carry out any general corporate purpose within or without
its corporate limits, and to contract indebtedness and issue general obligation bonds to
provide funds to pay all or any part of the costs of a project, must do so in accordance
with the provisions of this subchapter.
2. Before the council may institute proceedings for the issuance of bonds for a
general corporate purpose, it shall call a special city election to vote upon the question of
issuing the bonds. At the election the proposition must be submitted in the following form:
Shall the (insert the name of the city) issue its bonds in an amount
not exceeding the amount of $ for the purpose of
3. Notice of the election must be given by publication as required by section 49.53 in
a newspaper of general circulation in the city. At the election the ballot used for the
submission of the proposition must be in substantially the form for submitting special
questions at general elections.
4. The proposition of issuing general corporate purpose bonds is not carried or
adopted unless the vote in favor of the proposition is equal to at least sixty percent of the
total vote cast for and against the proposition at the election. If the proposition of issuing
the general corporate purpose bonds is approved by the voters, the city may proceed with
the issuance of the bonds.
5. a. Notwithstanding the provisions of subsection 2, a council may, in lieu of
calling an election, institute proceedings for the issuance of bonds for a general
corporate purpose by causing a notice of the proposal to issue the bonds, including
a statement of the amount and purpose of the bonds, together with the maximum
rate of interest which the bonds are to bear, and the right to petition for an election,
to be published at least once in a newspaper of general circulation within the city
at least ten days prior to the meeting at which it is proposed to take action for the
issuance of the bonds subject to the following limitations:
(1) In cities having a population of five thousand or less, in an amount of
not more than four hundred thousand dollars.
(2) In cities having a population of more than five thousand and not more
than seventy-five thousand, in an amount of not more than seven hundred
thousand dollars.
(3) In cities having a population in excess of seventy-five thousand, in
an amount of not more than one million dollars.
b. If at any time before the date fixed for taking action for the issuance of the
bonds, a petition is filed with the clerk of the city in the manner provided by section
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362.4, asking that the question of issuing the bonds be submitted to the registered
voters of the city, the council shall either by resolution declare the proposal to issue
the bonds to have been abandoned or shall direct the county commissioner of
elections to call a special election upon the question of issuing the bonds. Notice
of the election and its conduct shall be in the manner provided in the preceding
subsections of this section.
c. If no petition is filed, or if a petition is filed and the proposition of issuing the
bonds is approved at an election, the council may proceed with the authorization
and issuance of the bonds.
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