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G.O. Bonds Municipal Serv. Ctr D~ ~~~ MEMORANDUM October 11, 2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Proceedings for Reallocation of General Obligation Bonds Series 2002C Finance Director Ken TeKippe recommends setting a public hearing for November 1, 2004, on a proposal to reallocate unspent proceeds of the General Obligation Bond Series 2002C to fund a portion of the new Municipal Services Center project. I concur with the recommendation and respectfully request Mayor and City Council approval. /()ÙLL((/J /~j< M1Chael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Kenneth J. TeKippe, Finance Director () ; , i I lei ~~ ",";:""'~ OboO"" . , CITY OF DUBUQUE, IOWA MEMORANDUM TO: Michael C. Van Milligen, City Manager FROM: Kenneth J. TeKippe, Finance Director 1~ J- ~ Þ¡eþ SUBJECT: Proceedings for Reallocation of General Obligation Bonds Series 2002C DATE: October 7,2004 INTRODUCTION The purpose of this memorandum is to provide suggested proceedings for holding a public hearing on the reallocation of General Obligation Bond Series 2002C proceeds for use on the new Municipal Services Center. DISCUSSION The City of Dubuque issued General Obligation Bonds ($3,105,000) in late 2002 for the purpose of constructing the new water tower, new water main along the Northwest Arterial and refunding the 1994 bond issue. Since the proceeds from the bond issue were not entirely used for these projects, a balance remains. Enclosed is a letter from our Bond Counsel, William Noth of Ahlers & Cooney, P.C., relative to the proceedings required to reallocate the unused Bond Funds ($203,421.16 as of September 30, 2004) as permitted by Iowa Code. RECOMMENDATION The unused Bond proceeds will be utilized to fund a portion of the new Municipal Services Center project. ACTION STEP The City Council should adopt the enclosed resolution fixing the date of November 1, 2004 for a public hearing on the proposal to reallocate unspent proceeds of the General Obligation Bond Series 2002C and providing for publication of notice. KJT/jmg Enclosures AHLERS ~COONEY, P.C. ATTORNEYS AT LAW 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 Direct Dial. (515)245-0332 September 23, 2004 Mr. Ken TeKippe Finance Officer City of Dubuque 50 West 13th Street Dubuque, Iowa 52001-4864 RE: Proposed reallocation of unspent proceeds of the General Obligation Bonds, Series 2002C Dear Mr. TeKippe: With this letter I am enclosing a suggested resolution setting a date of public hearing on a proposal to reallocate certain unspent proceeds of the General Obligation Bonds, Series 2O02C, in the aggregate amount of not to exceed $205,000, for the purpose of defi-aying all or a portion of the cost of Municipal Services Center project. This project was not included among those to be funded with the Series 2002C Bonds when the same were issued. No specific procedure is established under Iowa law for reallocating unspent bond proceeds. We therefore suggest that the Council elect, as permitted to Section 364.6 of the Iowa Code, to use the procedure set out in Section 384.25 for the new purpose. To do so, it will be necessary for the Council to conduct a public hearing on the proposed reallocation of the Series 2002C Bond proceeds for this purpose. Such reallocation is otherwise permitted under the federal income tax regulations applicable to the Series 2002C Bonds. The notice of this hearing must be published once in a legal newspaper having general circulation in the City, with the publication being not less than four clear days nor more than twenty days before the date of said public meeting. An extra copy of the notice is enclosed for delivery to the newspaper. WISHARD' BA>LY-lBBB. GUERHSEY' BA>LY-I"', BA>LY'STIPP -1901, STIPP. PERRY. BANNISTeR' STARlIHGER -1914, BANNISTER. CARPENTeR. AHLERS' CDDNEY-1950. AHLERS. CDDNEY. DDRWEILER.ALLG". HAYNIE' SHITH -1974, AHLERS. CDDNEY. DDRWEILER. HAYNIE. SHI11< . AtL"'. P.C. -1990 September 23,2004 Page 2 I also am enclosing suggested proceedings to be acted upon by the City Council on the date set for the public hearing. The proceedings first document the receipt of any comments or objections that may be received with respect to the proposal. If the Council determines following the hearing to approve the reallocation, the resolution that follows should then be adopted. This resolution directs that the Finance Officer take such action as may be necessary to implement the reallocation and to cause the records and accounts of the City to reflect the same. Extra copies of the proceedings are enclosed to be filled in as the original and certified back to this office. We would also appreciate receiving the publisher's affidavit once it becomes available. Should any questions arise, please don't hesitate to call me. Yours very truly, ~ William J. Noth WJN:dc encl. DCORNELL\427705.1 \ WPI0422oo0 1 r I ; L- (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Dubuque, Iowa. Date of Meeting: ,2004. Time of Meeting: o'clock .M. Place of Meeting: Auditorium, Camegie-Stout Public Library, 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 said meeting is as follows: Resolution fixing date for a meeting on the proposal to reallocate certain unspent proceeds of the General Obligation Bonds, Series 2002C, of Dubuque, Iowa, and providing for publication of notice thereof 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 said governmental body. City Clerk, Dubuque, Iowa . ,2004 The City Council of Dubuque, Iowa, met in session, in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at - o'clock _.M., on the above date. There were present Mayor , in the chair, and the following named Council Members: Absent: ******* -1- '., Council Member C 1 i n e introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSAL TO REALLOCATE CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2002C, OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Nicholson seconded the motion to adopt. The roll was called and the vote was, AYES: Buol, Cline, Connors, Duqqan, Markham, Michalski, Nicholson NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 396-04 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSAL TO REALLOCATE CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2002C, OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, pursuant to a Resolution approved on November 18,2002, the City Council of the City of Dubuque, Iowa has previously issued its General Obligation Bonds, Series 2002C, in the aggregate principal amount of$3,105,000 (the "Series 2002C Bonds"), for the purpose of paying costs of the acquisition, construction, improvement and equipping of waterworks and water main extensions, including water treatment plant facilities and water main extensions and improvements and refunding and refinancing certain outstanding indebtedness of the City, consisting of the General Obligation Bonds, Series 1994, dated May 1, 1994; and WHEREAS, certain proceeds of the Series 2002C Bonds remain unspent, and City staff has recommended that not to exceed $205,000 of such unspent proceeds (the "Unspent Proceeds") be applied for the purpose of paying a portion of the costs of the Municipal Services Center project; and -2- " WHEREAS, there being no procedure specified under Iowa law for consideration or approval of such a reallocation, it is hereby determined, pursuant to Section 364.6 of the Code ofIowa, that the procedure set forth in Section 384.25 should apply and that a hearing be held upon the proposal to reallocate the Unspent Proceeds to provide funds for the Municipal Services Center project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at 6: 30 o'clock -E.M., on the ~ day of November, 2004, for the purpose of taking action on the matter of the proposed reallocation of the Unspent Proceeds ofthe Series 2002C Bonds to provide funds to pay a portion of the costs of the Municipal Services Center project. Section 2. That the City Clerk is hereby directed to cause one publication to be made of notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting. Section 3. The notice of the proposed action shall be in substantially the following form: -3- " NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2002C, OF THE CITY OF DUBUQUE, lOW A, AND THE PUBLIC HEARING THEREON PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on the 1st day of November, 2004, at 6: 30 o'clock ~.M., in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the reallocation of certain unspent proceeds of the General Obligation Bonds, Series 2002C, of the City of Dubuque, Iowa (the "Series 2002C Bonds"), in the aggregate amount of not to exceed $205,000, in order to provide funds to pay a portion of the costs of the Municipal Services Center project. Any person interested may appear at the public hearing, either orally or in writing, and be heard as to the reallocation of said proceeds of the Series 2002C Bonds for the above purposes. This Notice is given by order of the Council of Dubuque, Iowa, as provided by Sections 364.6 and 384.25 of the Code ofIowa, 2003, as amended. Dated this 22nd day of October ,2004. /s/ Jeanne F. Schneider, City Clerk of Dubuque, Iowa (End of Notice) -4- PASSED AND APPROVED this 18th day of October 2004. Terrance M. Duggan, Mayor ATTEST: Jeanne F. Schneider, City Clerk -5- CIG-3 9/91 CERTIFICATE STATE OF IOWA ) ) SS ) COUNTY OF DUBUQUE I, the undersigned City Clerk of Dubuque, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said 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 said 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 said 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 said 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 said Municipality hereto affixed this day of , 2004. City Clerk, Dubuque, Iowa SEAL DCORNELL 1427707.11 WPII 0422000 -6- CIG-18 - 2-91 STATE OF IOWA) ) SS COUNTY OF DUBUQUE) 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 said City, I have caused a NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2002C, OF THE CITY OF DUBUQUE, IOWA, AND THE PUBLIC HEARING THEREON 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 rnore 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 said Notice was published in said newspaper in all of the issues thereof published and circulated on the following date: ,2004 WITNESS my official signature at Dubuque, Iowa, this ,2004. day of City Clerk (SEAL) DCORNELLl4277 I U IWP 10422000 (- i (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Dubuque, Iowa. Date of Meeting: ,2004. Time of Meeting: o'clock .M. Place of Meeting: Auditorium, Carnegie-Stout Public Library, 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 said meeting is as follows: General Obligation Bonds, Series 2002C Public hearing on the proposed reallocation of unspent proceeds. 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 said governmental body. City Clerk, Dubuque, Iowa ,2004 The City Council of Dubuque, Iowa, met in Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at on the above date. There were present Mayor and the following named Council Members: session, in the o'clock _.M., , in the chair, Absent: ******* -1- The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the proposed reallocation of $205,000 in unspent proceeds of the General Obligation Bonds, Series 2002C, in order to provide funds to pay costs of the Municipal Services Center project, and that notice of the proposed action by the Council to institute proceedings for the proposed reallocation had been published pursuant to the provisions of Sections 364.6 and 384.25 of the City Code ofIowa. The Mayor then asked the Clerk whether any written objections had been filed by any City resident or property owner to the proposed reallocation. The Clerk advised the Mayor and the Council that - written objections had been filed. The Mayor then called for oral objections to the proposed reallocation 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- The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION AND APPROVING THE REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2002C, OF THE CITY OF DUBUQUE, IOWA FOR THE MUNICIPAL SERVICES CENTER PROJECT", and moved: D that the Resolution be adopted. D to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the proposed reallocation to the meeting to be held at - o'clock _.M. on the day of 2004, at this place. Council Member called and the vote was, seconded the motion. The roll was AYES: NAYS: Whereupon, the Mayor declared the measure duly adopted. RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION AND APPROVING THE REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2002C, OF THE CITY OF DUBUQUE, IOWA FOR THE MUNICIPAL SERVICES CENTER PROJECT 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 reallocation of certain unspent proceeds in the amount of $205,000 (the "Unspent -3- Proceeds") of the General Obligation Bonds, Series 2002C, ofthe City of Dubuque, Iowa, for the purpose of paying a portion of the costs of the Municipal Services Center project, and has considered the extent of objections received from residents or property owners as to said proposal and, accordingly 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 CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the reallocation of the Unspent Proceeds of the General Obligation Bonds, Series 2002C, for the foregoing purpose, and the reallocation of the Unspent Proceeds to pay costs of the Municipal Services Center project is in all respects authorized and approved. Section 2. The Finance Officer is authorized and directed to take such action as may be necessary to effect and implement the foregoing reallocation of the Unspent Proceeds to the Municipal Service Center project, and to cause the records and accounts of the City to reflect the same. PASSED AND APPROVED this day of 2004. Mayor ATTEST: City Clerk -4- CIG-3 9/91 CERTIFICATE STATE OF IOWA ) ) SS ) COUNTY OF DUBUQUE I, the undersigned City Clerk of Dubuque, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said 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 said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code ofIowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said 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 said 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 said Municipality hereto affixed this day of , 2004. City Clerk, Dubuque, Iowa SEAL DCORNELL\4277 I 2.1 IWPII 0422000 -5-