General Obligation Bonds - Essential Corporate Purpose $7,035,000Not to exceed $7,035,000 General Obligation Bonds.
Cit Clerk, City
(Acting)
(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: June 20 2011.
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:
• Resolution fixing date for a meeting on the proposition to issue.
Such additional matters as are set forth on the additional 9 page(s) attached hereto.
(number)
This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of
Iowa, and the local rules of the governmental body.
f Dubuque, Iowa
June 20 ,2011
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 : 3°
o'clock P.M., on the above date. There were present Mayor Pro -Tem Sutton in
the chair, and the following named Council Members:
Joyce Connors, Ric Jones, Kevin Lynch,
David Resnick, _ Karla Braig
Absent: Mayor Roy D. Buol
1
NAYS:
Council Member Kevin Lynch introduced the following
Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $7,035,000 GENERAL
OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF THE CITY
OF DUBUQUE, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF
NOTICE THEREOF ", and moved that the same be adopted. Council Member
David Resnick seconded the motion to adopt. The roll was called and the
vote was,
AYES: Joyce Connors, Ric Jones, Kevin Lynch
David Resnick, Lynn Sutton, Karla Braig
Whereupon, the Mayor declared the resolution duly adopted as follows:
RESOLUTION NO. 202 -11
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED
$7,035,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL
CORPORATE 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 Bonds to the amount of not to exceed $7,035,000, as
authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing
funds to pay costs of carrying out essential corporate purpose 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.
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 .1 o o'clock p .M., on the 5th day of
July , 2011, for the purpose of taking action on the matter of the issuance of
not to exceed $7,035,000 General. Obligation Bonds, for essential corporate purposes of
the City, the proceeds of which Bonds will be used to provide funds to pay costs of the
acquisition, construction, reconstruction, improvement and equipping of waterworks,
water mains and extensions, including water main and fire hydrant replacements, pump
station and laboratory improvements and well field electrical upgrades; the construction
of the Southwest Arterial freeway_ improvements; the acquisition of solid waste collection
vehicles; the construction of the Bee Branch Creek Restoration Project and the
acquisition of real property and right -of -way for the same; the acquisition of flood control
barriers; the construction, reconstruction, improvement and repair of sanitary sewer
works and facilities, including the installation of forcemain and sewer main extensions,
the rehabilitation, reconstruction and replacement of existing sanitary sewers, and the
acquisition, installation, replacement and improvement of pumping stations, motors, flow
monitoring and other sanitary sewer control equipment and facilities; and the payment of
costs associated with the stipulated civil penalty and supplemental environmental project
required under the Consent Decree with federal and state authorities concerning the
Water Pollution Control Plant and sanitary sewer system.
Section 2. To the extent any of the projects or activities described in this resolution
may be reasonably construed to be included in more than one classification under
Division III of the City Code of Iowa, the Council hereby elects the "essential corporate
purpose" classification and procedure with respect to each such project or activity,
pursuant to Section 384.28 of the City Code of Iowa. The project list prepared by the
Budget Director and the allocation of projects to specific hearings indicated thereon is
hereby approved.
Section 3. 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 shall 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 4. 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, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF
NOT TO EXCEED $7,035,000 GENERAL OBLIGATION BONDS (FOR
ESSENTIAL CORPORATE PURPOSES) OF THE CITY, AND THE HEARING
ON THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that the City of Dubuque, Iowa, will hold a
public hearing on the 5th day of July , 2011, 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 $7,035,000 General Obligation Bonds, for essential corporate purposes of said
City, in order to provide funds to pay costs of the acquisition, construction,
reconstruction, improvement and equipping of waterworks, water mains and extensions,
including water main and fire hydrant replacements, pump station and laboratory
improvements and well field electrical upgrades; the construction of the Southwest
Arterial freeway improvements; the acquisition of solid waste collection vehicles; the
construction of the Bee Branch Creek Restoration Project and the acquisition of real
property and right -of -way for the same; the acquisition of flood control barriers; the
construction, reconstruction, improvement and repair of sanitary sewer works and
facilities, including the installation of forcemain and sewer main extensions, the
rehabilitation, reconstruction and replacement of existing sanitary sewers, and the
acquisition, installation, replacement and improvement of pumping stations, motors, flow
monitoring and other sanitary sewer control equipment and facilities; and the payment of
costs associated with the stipulated civil penalty and supplemental environmental project
required under the Consent Decree with federal and state authorities concerning the
Water Pollution Control Plant and sanitary sewer system.
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 Section 384.25 of the City Code of Iowa.
4
Dated this day of , 2011.
(End of Notice)
5
City Clerk, City of Dubuque, Iowa
ATTEST:
PASSED AND APPROVED this 20th day of June
City Clerk - cting
6
, 2011.
Masterpiece on the Mississippi
June 14, 2011
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
All-America City
'
2007
SUBJECT: Proceedings to Set Public Hearing on the Issuance of Not to Exceed
$7,035,000 General Obligation Bonds for Essential Corporate Purposes
Budget Director Jennifer Larson recommends that a public hearing be set for July 5,
2011, on the proposition of selling not to exceed $7,035,000 in General Obligation
Bonds, the proceeds of which will be used to fund water, sewer, stormwater, street and
solid waste improvements, as well as the stipulated civil penalty and supplemental
environmental project required under the Consent Decree with federal and state
authorities concerning the Water and Resource Recovery Center and sanitary sewer
system.
concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM /jml
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jennifer Larson, Budget Director
Kenneth TeKippe, Finance Director
Michael C. Van Milligen
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Jennifer Larson, Budget Director\
SUBJECT: Proceedings to Set Public Hearing on the Issuance of Not to Exceed
$7,035,000 General Obligation Bonds
DATE: June 14, 2011
INTRODUCTION
The purpose of this memorandum is to recommend the setting of a public hearing on
the proposal to issue General Obligation Bonds, the proceeds of which will be used for
essential corporate purposes of the City. A letter from attorney William Noth detailing
information on the bond hearing is enclosed.
DISCUSSION
The proceeds of which Bonds will be used to provide funds to pay costs of the
acquisition, construction, reconstruction, improvement and equipping of waterworks,
water mains and extensions, including water main and fire hydrant replacements, pump
station and laboratory improvements and well field electrical upgrades; the construction
of the Southwest Arterial freeway improvements; the acquisition of solid waste collection
vehicles; the construction of the Bee Branch Creek Restoration Project and the
acquisition of real property and right -of -way for the same; the acquisition of flood control
barriers; the construction, reconstruction, improvement and repair of sanitary sewer
works and facilities, including the installation of forcemain and sewer main extensions,
the rehabilitation, reconstruction and replacement of existing sanitary sewers, and the
acquisition, installation, replacement and improvement of pumping stations, motors, flow
monitoring and other sanitary sewer control equipment and facilities; and the payment
of costs associated with the stipulated civil penalty and supplemental environmental
project required under the Consent Decree with federal and state authorities concerning
the Water Pollution Control Plant and sanitary sewer system.
RECOMMENDATION
I respectfully recommend the adoption of the enclosed resolution fixing the date of July
5, 2011 for a public hearing on the proposition of selling not to exceed $7,035,000 in
General Obligation Bonds for essential corporate purpose of Dubuque, Iowa and
providing publication of notice.
JML
Dubuque
klArg
All-America City
1
2007
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kenneth TeKippe, Finance Director
William J. Noth
wnoth @ahlerslaw.com
BY OVERNIGHT DELIVERY
Mr. Ken TeKippe
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 10, 2011
Re: Not to exceed $7,035,000 General Obligation Bonds
Dear Mr. TeKippe:
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 consistent with the
provisions of Code Section 384.25.
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.
WISHARD & BAILY - 1888: GUERNSEY & BAILY - 1893: BAILY & STIPP - 190 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
June 10, 2011
Page 2
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.)
00800200 -1 \10422 -125
Very truly yours,
William J. Noth
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 maybe 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.
(SEAL)
WITNESS my hand and the seal of the City hereto affixed this 6th day of
July , 2011.
00802261 -1\10422 -125
CERTIFICATE
) SS
City C erk, Cit of Dubuque, State of Iowa
(Acting)
STATE OF IOWA
COUNTY OF DUBUQUE
(SEAL)
00800202 -1\10422 -125
June 24
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, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF
NOT TO EXCEED $7,035,000 GENERAL OBLIGATION BONDS (FOR
ESSENTIAL CORPORATE PURPOSES) OF THE CITY, 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:
, 2011.
/ NAL
WITNESS my official signature at Dubuque, Iowa, this 8th day of
July ,2011.
City lerk, Cit , of Dubuque, State of Iowa
(Acting)
NOTICE OF MEETING
OF THE CITY
COUNCIL OF THE
CITY OF DUBUQUE,
IOWA, ON THE
MATTER OF THE
PROPOSED ISSUANCE
OF NOT TO EXCEED
$7,035,000 GENERAL
OBLIGATION BONDS
CORPORATE ESSENTIAL
PURPOSES) OF THE
CITY, AND THE
HEARING ON THE
ISSUANCE THEREOF
PUBLIC NOTICE i5
hereby given that the
City of Dubuque, Iowa,
will hold a public
hearing on the 5th day
of July, 2011, at 6:30
o'clock P.M., in the
Historic. Yaderal
Building, 350 West 6th
Street, Dubuque, Iowa,
at •which meeting the
Council proposes to
take additional action,
for the issuance of .fa
to exceed $7,035,080
General Obligatf lri
Bonds, for essential
corporate purposes of
said City, in order to
, provide funds to pay
costs of the acqui-
sition. construction,
reconstruuction,`• : •
pYovemerrt arid''eq
ping' of waterdnorls,
water mains and
extensions, including
water main and fire
hydrant replacements,
pump station and
laboratory improve-
ments and well field
electrical upgrades;
the construction of the
Southwest Arterial
freeway improve -
ments;' the acquisition
of solid waste
collection vehicles; the
construction of the Bee
Branch Creek Restor
ation Project and the
acquisition of real
property and right -of-
way for the same; the
acquisition of flood
control barriers, the •
construction, recon-
struction, improvement
and repair of sanitary
sewer works and
facilities, including the
installation of force -
main and sewer main
extensions, the reha-
bilitation, reconstruc-
tion and replacement
of existing sanitary
sewers, and the
acquisition, installa-
tion, replacement and
improvement of pump-
ing stations, motors,
flow monitoring and
other sanitary sewer
control equipment and
facilities; and the
payment of costs'
associated with the
stipulated civil penalty
and supplemental
environmental project
required under ;the
, Convent: Decree •' with
#eaeral, d. •.;•state
, atititcirities .concerning
the ; •Water;. Pollution
coal, ,.R
sanitarry sewer system.
Attie above meets ig
the • r Council shall
receive oral or written
objections from any
resident or property
owner of the City, to
the above action. After
a11 objections have
been • received and
considered, the Council
will at this meeting or
at • any adjoumment
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
Council of the City of
Dubuque, Iowa; as
provided by Section
384.25 of the City Code
of Iowa.
Dated this 24th day of
June, 2011.
Kevin S. Firnstahl,
Acting City Clerk,
City of Dubuque, Iowa
1t 6/24
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: June 24, 2011, and for which the charge is $33.50.
Subscribed to before me a Notary Public in and for Dubuque County, Iowa,
this , o , 20% .
otary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEY
Commission Number 154
01 j,
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 maybe 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.
(SEAL)
WITNESS my hand and the seal of the City hereto affixed this 6th day of
July , 2011.
00802261 -1 \10122 -125
CERTIFICATE
) SS
City C erk, Cit of Dubuque, State of Iowa
(Acting)