Water Revenue Bonds Issuance_$5.7m Water System ImprovementsMasterpiece on the Mississippi
Dubuque
ktfriti
All- AmedcaCity►
11111,
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
$5,700,000 Water Revenue Bonds
DATE: June 30, 2010
Finance Director Ken TeKippe recommends that a public hearing be set for July 19,
2010, on the proposition of selling not to exceed $5,700,000 in Water Revenue Bonds
to provide funds to pay costs of water main replacements and other water system
improvements in the adopted FY11 CIP budget. The repayment of the debt will be from
water utility fees.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kenneth J. TeKippe, Finance Director
aeI C. Van
Milligen ligen
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Kenneth J. TeKippe, Finance Director 0
SUBJECT: Proceedings to Set Public Hearing on the Issuance of Not to Exceed
$5,700,000 Water Revenue Bonds
DATE: June 29, 2010
The purpose of this memorandum is to recommend the setting of a public hearing on
the proposal to issue Water Revenue Bonds to provide funds to pay costs of water main
replacements and other water system improvements in the adopted FY'11 CIP budgets.
The repayment of the debt will be from water utility fees. 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 July 19, 2010 for a public hearing on the proposition of selling not to exceed
$5,700,000 in Water Revenue Bonds 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
Dubuque
All-America City
I 1 1 f
2007
William J. Noth
wnoth @ahlerslaw.com
BY OVERNIGHT DELIVERY
Mr. Ken TeKippc
Finance Officer
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001 -4864
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
June 28, 2010
Re: Not to exceed $5,700,000 Water Revenue Bonds
bear Mr. '1'eKippc:
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 Sections 384.82 and 384.83.
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 clear
days nor more than twenty days before the date of the public meeting on the issuance of
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.
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.
WISHARU & BAILY - 1888; GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901; STIPP, PERRY. BANNISTER & STARZINGER - 1914; BANNISTER. CARPENTER,
AHLERS & COONEY - 1950: AHLERS, COONEY. DORWEILER. ALLBEE. HAYNIE & SMITH - 1974; AHLERS. COONEY, DORWEILER. HAYNIE. SMITH & ALLBEE. P.C. - 1990
Direct Dial.
(5151246 -0332
June 28, 2010
Paget
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.
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.
WJN:dc
encl.
cc: Jenny Larson (w /encl.)
Tionna Pooler (w /encl.)
DCORNELL/ 660479.1 /MSWord \10422.109
Very truly yours,
William J. Noth
cida
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of the City of Dubuque, Iowa.
Date of Meeting: July 6, 2010.
Time of Meeting: 6:30 o'clock P.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 $5,700,000 Water Revenue Bonds
• Resolution fixing date for a meeting on the proposition to issue.
Such additional matters as are set forth on the additional 11 page(s) attached hereto.
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
July 6, 2010
The City Council of the City of Dubuque, Iowa, met in regular session, in the
Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 o'clock P.M., on
the above date. There were present Mayor Roy D. Buol in the chair, and the following
named Council Members:
Karla Braig, Joyce Connors, Ric Jones, Kevin Lynch, David
Resnick
Absent: Dirk Voetberg
Council Member Connors introduced the following Resolution entitled
"RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE
ISSUANCE OF NOT TO EXCEED $5,700,000 WATER REVENUE BONDS, OF THE
CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE
THEREOF," and moved that the same be adopted. Council Member Jones seconded the
motion to adopt. The roll was called and the vote was,
AYES: Braig, Buol, Connors, Jones, Lynch, Resnick
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
RESOLUTION NO. 229-10
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO
EXCEED $5,700,000 WATER REVENUE BONDS, OF
THE CITY OF DUBUQUE, IOWA AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF
WHEREAS, the City of Dubuque, Iowa, is in need of funds to carry out the
purpose hereinafter described; and, it is deemed necessary and advisable that the City
should issue Water Revenue Bonds, to the amount of not to exceed $5,700,000, as
authorized by Sections 384.82 and 384.83, of the City Code of Iowa, for the purpose of
providing funds to pay costs thereof; 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 it is proposed 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:
Section 1. That this governing body meet in the Historic Federal Building, 350
West 6th Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the 19 day of July, 2010, for
the purpose of taking action on the matter of the issuance of not to exceed $5,700,000
Water Revenue Bonds, of the City, the proceeds of which Bonds will be used to provide
funds to pay costs of constructing and equipping improvements and extensions to the
Municipal Water System.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of such meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in the City, such
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 3. The notice of the proposed action to issue the 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 $5,700,000
WATER REVENUE BONDS OF THE CITY OF
DUBUQUE, 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 19 day of July, 2010, at 6:30 o'clock P.M., in the
Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at which meeting the
City Council proposes to take additional action for the issuance of not to exceed
$5,700,000 Water Revenue Bonds, of the City. The Bonds will not constitute general
obligations or be payable in any manner by taxation, but will be payable from and
secured by the net revenues of the Municipal Water System. The Bonds are proposed to
be issued for the purpose of paying costs of constructing and equipping improvements
and extensions to the Municipal Water System.
At the above meeting oral or written objections from any resident or property
owner of the City to the above action shall be received. After all objections have been
received and considered, the Council will at the meeting or at any adjournment thereof,
take additional action for the issuance of the Bonds or will abandon the proposal to issue
the Bonds.
This notice is given by order of the governing body as provided by Section 384.83
of the City Code of Iowa.
Dated this 9 day of July, 2010.
Jeanne F. Schneider, CMC
City Clerk
(End of Notice)
ATTEST:
PASSED AND APPROVED this 6th . day of Ju1y
, 2010.
STATE OF IOWA
COUNTY OF DUBUQUE
CERTIFICATE
) SS
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.
2010.
(SEAL)
WITNESS my hand and the seal of the City hereto affixed this 6 day of July,
/ 660480.1 /MSWord \10422.109
e 'ty Clerk, City of Dubuque, Iowa
STATE OF IOWA
COUNTY OF DUBUQUE
(SEAL)
CERTIFICATE
) SS
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 THE CITY OF
DUBUQUE, STATE OF IOWA, ON THE MATTER OF THE
PROPOSED ISSUANCE OF NOT TO EXCEED $5,700,000 WATER
REVENUE BONDS 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:
WITNESS my official signature at Dubuque, Iowa, this day of
, 2010.
DCORNEI,L/ 660481.1 /MSWord \10422 109
, 2010.
City Clerk, City of Dubuque, Iowa