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General Obligation Urban Renewal Bonds_$1,265,000The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Connors introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $1,265,000 GENERAL OBLIGATION BONDS ", and moved: that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock .M., on the day of , 2011, at this place. Council Member Jones seconded the motion. The roll was called and the vote was, AYES: Connors, Jones, Sutton, Braig, Buol NAYS: Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. 214 -11 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $1,265,000 GENERAL OBLIGATION BONDS 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 issuance of not to exceed $1,265,000 General Obligation Bonds, for purposes of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plans for the Dubuque Industrial Center West Economic Development District and the Greater Downtown Urban Renewal Area, including those costs associated with grading and road construction on the South Siegert Farm area of DICW, and emergency repairs to - 3 - the Port of Dubuque Parking Ramp and related litigation expenses, and no petition was filed calling for a referendum thereon, and has considered the extent of objections received from residents or property owners as to the proposed issuance of bonds; 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 take additional action for the sale and issuance in the manner required by law of not to exceed $1,265,000 General Obligation Bonds for the foregoing urban renewal purposes. ATTEST: PASSED AND APPROVED this 4 5th day of July , 2011. Masterpiece on the Mississippi June 28, 2011 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Proceedings for Public Hearing on the Issuance of Not to Exceed $1,265,000 General Obligation Urban Renewal Bonds for Dubuque Industrial Center West Improvements and Downtown Improvements Dubuque All-America City 1 1 1 If 2007 Budget Director Jennifer Larson is recommending City Council approval of the suggested proceedings for the public hearing on the issuance of General Obligation Urban Renewal Bonds and approval of a "Resolution Instituting Proceedings to Take Additional Action for the Issuance of Not to Exceed $1,265,000 General Obligation urban Renewal Bonds." The proceeds of the bond will be used to fund urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restate Urban Renewal Plans for the Dubuque Industrial Center West Economic Development District and the Greater Downtown Urban Renewal Area, including those costs associated with grading and road construction on, the South Siegert Farm area of Dubuque Industrial Center West, and emergency repairs to the Port of Dubuque Parking Ramp and related litigation expenses. Although the City is selling General Obligation Urban Renewal Bonds to support the projects, repayment of the debt will be from tax increment revenues of the Dubuque Industrial Center West and Greater Downtown Urban Renewal Areas. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM /jml Attachment Michael C. Van Milligen cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jennifer Larson, Budget Director Kenneth TeKippe, Finance Director Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Jennifer Larson, Budget Director l- SUBJECT: Proceedings for Public Hearing on the Issuance of Not to Exceed $1,265,000 General Obligation Urban Renewal Bonds for Dubuque Industrial Center West Improvements and Downtown Improvements DATE: June 27, 2011 Dubuque kitiZI All-America City ' 2007 INTRODUCTION The purpose of this memorandum is to provide the suggested proceedings for the public hearing on the issuance of General Obligation Urban Renewal Bonds prepared by our Bond Counsel and to present a resolution for City Council to adopt entitled "Resolution Instituting Proceedings to Take Additional Action for the Issuance of Not to Exceed $1,265,000 General Obligation Urban Renewal Bonds." The proceeds of the Bonds 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 of the Dubuque Industrial Center West Economic Development District and the Greater Downtown Urban Renewal Area. A letter from attorney William Noth detailing information on the bond hearing is enclosed. DISCUSSION Of the bond amount, $493,350 is intended to provide funds to pay costs associated with grading and road construction on the South Siegert Farm area of Dubuque Industrial Center West; and $771,650 is intended to provide funds for emergency repairs to the Port of Dubuque Parking Ramp and related litigation expenses. Although the City is selling General Obligation Bonds to support the projects, repayment of the debt will be form tax increment revenues of the Greater Downtown and Dubuque Industrial Center West Urban Renewal Areas. The borrowing is subject to the "reverse referendum" procedures, under which petitions may be filed prior to the hearing asking that the bond proposal be submitted to an election. The proceedings have been prepared on the basis that no objections or petitions calling for an election on the bond proposal will be filed with the City Clerk. If there are objections, we will need to summarize them. The Mayor will then declare the hearing on the issuance of said bonds closed. Immediately following, and assuming no petitions have been filed, a resolution is to be introduced and adopted entitled "Resolution Instituting Proceedings to Take Additional Action for the Issuance of Not to Exceed $1,265,000 General Obligation Urban Renewal Bonds." In the event the Council decides to abandon the proposal to issue said bonds, then the form of resolution included in said proceeding should not be adopted. In this event, a motion needs to be adopted to the effect that such bond proposal is abandoned. Section 384.25 of the Code of Iowa provides that any resident or property owner of the City may appeal the decision to take additional action to issue the bonds, to the District Court of a county in which any part of the City is located, within 15 days after such additional action is taken, but that the additional action is final and conclusive unless the court finds that the Council exceeded its authority. RECOMMENDATION I respectfully recommend the adoption of the enclosed resolution instituting the proceedings to take additional action. JML Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Kenneth TeKippe, Finance Director William J. Noth wnoth @ahlerslaw.com Mr. Ken TeKippe Finance Officer City of Dubuque 50 West 13th Street Dubuque, Iowa 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 22, 2011 RE: Not To Exceed $1,265,000 General Obligation Bonds WISHARD & 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 With this letter I am enclosing suggested proceedings to be acted upon by the City Council on the date fixed for the hearing on the proposed issuance of the above General Obligation Bonds. This proposal is subject to the "reverse referendum" procedures, under which petitions may be filed prior to the hearing asking that the bond proposal be submitted to an election. The proceedings assume that no petition has been received calling for an election on the proposed action of the Council to issue bonds for the purposes described. At the hearing, the Council should receive any oral or written objections to the proposal under consideration. If no petition has been filed with respect to the proposal, and the Council decides not to abandon the proposal to issue bonds for the purposes described, the Council then should proceed to adopt the resolution that follows, instituting proceedings to take additional action for the issuance of the bonds under consideration. In the event the Council decides to abandon the proposal to issue the bonds, then the form of resolution should not be adopted. We would suggest that, in this event, a motion merely be adopted to the effect that the bond proposal is abandoned. June 22, 2011 Page 2 If a petition has been received with respect to the proposal and if the Council decides not to abandon the proposal to issue said bonds for that purpose, a form of resolution should be introduced and adopted to adjourn the matter to permit preparation of the resolution to call an election. Please see that we are advised immediately if a petition is filed bearing signatures of a sufficient number of eligible electors. Also enclosed is an extra copy of the proceedings to be filled in as the original and certified back to this office. If you have any questions pertaining to the proceedings enclosed or this letter, please do not hesitate to either write or call. WJN:dc Encl. cc: Jenny Larson (w /encl.) Tionna Pooler (w /encl.) 00802262 -1 \10422 -125 Very truly yours, William J. Noth STATE OF IOWA COUNTY OF DUBUQUE (SEAL) 00802263 -1 \10422 -125 July ,2011. 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. WITNESS my hand and the seal of the City hereto affixed this 6 t h 4. of Dubuque, State of Iowa City Clerk, Cit (Acting) day of STATE OF IOWA COUNTY OF DUBUQUE (SEAL) 00800198 -1 \- 10422 -125 CERTIFICATE ) SS June 24 ,2011. WITNESS my official signature at Dubuque, Iowa, this June ,201L City Clerk, Cit (Acting) 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 $1,265,000 GENERAL OBLI"GATION BONDS (FOR URBAN RENEWAL 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: day of of Dubuque, State of Iowa Not To Exceed $1,265,000 General Obligation Bonds • Public hearing on the issuance. • Resolution instituting proceedings to take additional action. City Clerk, Cit of Dubuque, Iowa (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: July 5 , 2011. Time of Meeting: 6 .. 0 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: Such additional matters as are set forth on additional 6 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. Alf 12 ! 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. Buo l , in the chair, and the following named Council Members: Kraig, Connors, Lynch, Sutton, Jones Absent: Resnick 1 • July 5 ,2011 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $1,265,000 General Obligation Bonds in order to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plans for the Dubuque Industrial Center West Economic Development District and the Greater Downtown Urban Renewal Area, including those costs associated with grading and road construction on the South Siegert Farm area of DICW, and emergency repairs to the Port of Dubuque Parking Ramp and related litigation expenses, urban renewal purposes, and that notice of the proposed action by the Council to institute proceedings for the issuance of the bonds, had been published pursuant to the provisions of Section 403.12 of the City Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of the City The Mayor then asked the Clerk whether any written objections had been filed by any City resident or property owner to the issuance of the bonds. The Clerk advised the Mayor and the Council that 0 written objections had been filed. The Mayor then called for oral objections to the issuance of the bonds and 0 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 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 OBLIGATION BONDS (FOR E E W B A A L N REN 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 Build- ing, • 350 West 6th Street, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $1,265,000 General Obligation 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 Chap- ter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plans for the Dubuque Industrial Center West Economic Development District and the Greater Down- town Urban Renewal Area, including those costs associated with grading and , road construction on the South Siegert Farrp` area of DIOW,, . d emergency j+epairs to the - Port of Dubuque P Ramp and related ' litigation expenses. 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 384.24(3)(q) of the Code of Iowa. At the above rpeeting rt?re 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 krill 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 24th day of June, 2011. Kevin 5. Firnstahl, Acting City Clerk, City of Dubuque, Iowa It 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 $28.68. Subscribed to before m this day o „ otary Public in and for Dubuque County, Iowa, ,20% . 777a Vary Public in and for Dubuque County, Iowa. MARY K. WESTERME`fi =' Commisslon Number 154 C 01