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