Loading...
General Obligation Urban Renewal Bonds Issuance_$3m Downtown ImprovementsMasterpiece on the Mississippi 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 $3,000,000 General Obligation Urban Renewal Bonds for Downtown Improvements DATE: June 30, 2010 Dubuque bikti NI- America City 11111 I 2007 Finance Director Ken TeKippe recommends that a public hearing be set for July 19, 2010, on the proposition of selling not to exceed $3,000,000 in General Obligation Urban Renewal Bonds, the proceeds of which will be used to fund 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, including those costs associated with the construction of parking improvements and landscape projects within the Greater Downtown Urban Renewal Area. Although the City is selling General Obligation Bonds to support the projects, repayment of the debt will be from tax increment revenues of the Greater Downtown Urban Renewal. 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 Michael C. Van Milligen THE CITY OF Dui Masterpiece on the Mississippi TO: FROM: Kenneth J. TeKippe, Finance Director Michael C. Van Milligen, City Manager SUBJECT: Proceedings to Set Public Hearing on $3,000,000 General Obligation Urban Improvements DATE: June 29, 2010 KJT /jmg Enclosures cc: Barry Lindahl, City Attorney Jenny Larson, Budget Director Jeanne Schneider, City Clerk the Issuance of Not to Exceed Renewal Bonds for Downtown Dubuque habil AB- America City 11111 I 2007 The purpose of this memorandum is to recommend the setting of a public hearing on the proposal to issue General Obligation Urban Renewal Bonds, the proceeds of which will be used to fund 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 including those costs associated with the construction of parking improvements and landscape projects within the Greater Downtown Urban Renewal Area. Although we are selling General Obligation Bonds to support the projects, repayment of the debt will be from tax increment revenues of the Greater Downtown Urban Renewal. 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 $3,000,000 in General Obligation Urban Renewal Bonds (for an essential corporate purpose) of Dubuque, Iowa and providing for publication of notice. William J. Noth wnoth @ahlerslaw.com BY OVERNIGHT DELIVERY Mr. Ken TeKippe Finance Officer City of Dubuque 50 West 13th Street Dubuque, lowa 52001 -4864 Dear Mr. TeKippe: 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 $3,000,000 General Obligation Urban Renewal 13onds WISHARO & 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 (515)246 -0332 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 (including right to petition for an election) 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. 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 hearin2,. 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. June 28, 2010 Page 2 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.) DCO12N[LL/ 660483.1 /MSWord \I0422 109 Very truly yours, William J. Noth (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 $3,000,000 General Obligation Urban Renewal 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 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 1 July 6, 2010 Council Member Connors introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $3,000,000 GENERAL OBLIGATION URBAN RENEWAL BONDS (FOR URBAN RENEWAL PURPOSES) 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. 230-10 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $3,000,000 GENERAL OBLIGATION URBAN RENEWAL BONDS (FOR URBAN RENEWAL PURPOSES) OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue General Obligation Urban Renewal Bonds, to the amount of not to exceed $3,000,000, as authorized by Sections 403.12 and 384.24(3(q), of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out the urban renewal projects as hereinafter described; 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 the Council proposes 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, and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 2 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 19 day of July, 2010, for the purpose of taking action on the matter of the issuance of not to exceed $3,000,000 General Obligation Urban Renewal Bonds, for urban renewal purposes of the City, 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 Plan for the Greater Downtown Urban Renewal Area, including those costs associated with construction of parking improvements and landscape projects within the Greater Downtown Urban Renewal Area. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the 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 clear 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: 3 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 $3,000,000 GENERAL OBLIGATION URBAN RENEWAL BONDS (FOR URBAN RENEWAL PURPOSES) OF THE CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City of Dubuque, State of 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 Council proposes to take additional action for the issuance of not to exceed $3,000,000 General Obligation Urban Renewal Bonds, for urban renewal purposes of said 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 Plan for the Greater Downtown Urban Renewal Area, including those costs associated with construction of parking improvements and landscape projects within the Greater Downtown Urban Renewal Area. 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 Code of Iowa, pursuant to the provisions of Section 384.26 of the Code of Iowa. 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 have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of Bonds or will abandon the proposal to issue Bonds. This notice is given by order of the City Council of the City of Dubuque, Iowa, as provided by Sections 403.12 and 384.24(3)(q) of the City Code of Iowa. Dated this day of , 2010. (End of Notice) - 4 - City Clerk, City of Dubuque, Iowa ATTEST: PASSED AND APPROVED this 6th day of July , 2010. L Mayor STATE OF IOWA 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. 2010. (SEAL) / 660487.1 /MSWord \10422.109 CERTIFICATE ) SS WITNESS my hand and the seal of the City hereto affixed this 6 day of Julyl, 0 ity Clerk, City of Dubuque, State of Iowa STATE OF IOWA COUNTY OF DUBUQUE (SEAL) DCORNELL/ 660489.1 /MS Word \I0422.109 CERTIFICATE ) SS , 2010. 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 TI -IE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $3,000,000 GENERAL OBLIGATION URBAN RENEWAL 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. City Clerk, City of Dubuque, State of Iowa