General Obligation Bonds for Essential Corporate Purposes_$7,035,000The Council then considered the proposed action and the extent of objections
thereto.
Whereupon, Council Member Lynch 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 $7,035,000 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, Lynch, Sutton, Braig,Buol
NAYS:
Whereupon, the Mayor declared the measure duly adopted.
RESOLUTION NO. 215 -11
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE OF NOT
TO EXCEED $7,035,000 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 $7,035,000 General Obligation Bonds, for essential corporate purposes
of paying 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
-3-
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,
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
$7,035,000 General Obligation Bonds for the foregoing essential corporate purposes.
ATTEST:
PASSED AND APPROVED this 5th day of July , 2011.
4
Masterpiece on the Mississippi
June 28, 2011
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
All-America City
11111
1
2007
SUBJECT: Proceedings for Public Hearing on the Issuance of Not to Exceed
$7,035,000 General Obligation Bonds for Essential Corporate Purposes
Budget Director Jennifer Larson is recommending City Council approval of the
suggested proceedings for the public hearing on the issuance of General Obligation
Bonds and approval of a "Resolution Instituting Proceedings to Take Additional Action
for the Issuance of Not to Exceed $7,035,000 General Obligation Bonds." The
proceeds of the bonds 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 Pollution Control Plant and sanitary sewer system.
Although the City is selling General Obligation Bonds to support the projects, repayment
of the debt will be from fees and other available revenue sources.
I 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
t
FROM: Jennifer Larson, Budget Director`
SUBJECT: Proceedings for Public Hearing on the Issuance of Not to Exceed
$7,035,000 General Obligation Bonds
DATE: June 27, 2011
Dubuque
bfrd
All-America City
If
2007
INTRODUCTION
The purpose of this memorandum is to provide the suggested proceedings for the public
hearing on the issuance of General Obligation 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 $7,035,000
General Obligation Bonds." The proceeds of the Bonds 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
Of the Bond amount, $1,730,396 is intended 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; $1,155,000 is
intended to provide funds to pay costs of the construction of the Southwest Arterial
freeway improvements; $41,087 is intended to provide funds to pay costs of the
acquisition of solid waste collection vehicles; $2,566,622 is intended to provide funds to
pay costs of the construction of the Bee Branch Creek Restoration Project and the
acquisition of real property and right -of -way for the same and the acquisition of flood
control barriers; $1,541,895 is intended to provide funds to pay costs of 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. Although the City is selling
General Obligation Bonds to support the projects, repayment of the debt will be from
fees and other available revenue sources.
The proceedings have been prepared on the basis that no objections 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 to be closed. Immediately
following, a resolution is to be introduced and adopted entitled "Resolution Instituting
Proceedings to Take Additional Action for the Issuance of Not to Exceed $7,035,000
General Obligation Bonds."
In the event the Council decides to abandon the proposal to issue said Bonds, then the
form of resolution included in said proceedings 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
AHLERS t 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 $7,035,000 General Obligation Bonds
Dear Mr. TeKippe:
We enclose suggested proceedings to be acted upon by the Council on the date
fixed for the hearing on the issuance of the above mentioned Bonds, pursuant to the
provisions of Code Section 384.25. A certificate to attest the proceedings is also
enclosed.
Direct Dial:
(515)246 -0332
The proceedings are prepared to show as a first step the receipt of any oral or
written objections from any resident or property owner to the proposed action of the
Council to issue the Bonds. A summary of objections received or made, if any, should be
attached to the proceedings. After all objections have been received and considered if the
Council decides not to abandon the proposal to issue the Bonds, a form of resolution
follows that should be introduced and adopted, entitled "Resolution Instituting
Proceedings to Take Additional Action for the Issuance of Not To Exceed $7,035,000
General Obligation Bonds."
The Council is required by statute to adopt the resolution instituting proceedings to
issue the Bonds at the hearing -- or an adjournment thereof. If necessary to adjourn, the
minutes are written to accommodate that action.
In the event the Council decides to abandon the proposal to issue said Bonds, then
the form of resolution included in said proceedings should not be adopted. We would
suggest that, in this event, a motion merely be adopted to the effect that such Bond
proposal is abandoned.
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
June 22, 2011
Page 2
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.
In the event an appeal is filed by any resident or property owner, please see that
we are notified immediately; and, as soon as available, a copy of the notice of appeal
should be furnished our office for review.
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.)
00802260 -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 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.
(SEAL)
00800201 -1 \10422 -125
CERTIFICATE
) SS
WITNESS my hand and the seal of the City hereto affixed this 20th
June ,201L
day of
City Clerk, City o
(Acting)
ubuque, State o
Not To Exceed $7,035,000 General Obligation Bonds.
• Public hearing on the issuance.
• Resolution instituting proceedings to take additional action.
City Clerk, Cit
(Acting)
of 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 the 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.
(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: 6:30 o'clock p .M.
Place of Meeting: Historic Federal Building, 350 West 6th Street, 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. Bu ol , in
the chair, and the following named Council Members:
Brai. Connors Jones L nch Sut on
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 $7,035,000 General Obligation
Bonds 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, essential corporate 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 384.25 of
the City Code of Iowa.
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
STATE OF IOWA
COUNTY OF DUBUQUE
(SEAL)
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:
WITNESS my official signature at Dubuque, Iowa, this 8th day of
July ,2011.
00800202 -I \10422 -125
June 24
, 2011.
City lerk, Cit , of Dubuque, State of 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: 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:
Not to exceed $7,035,000 General Obligation Bonds.
• 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.
Cit Clerk, City .f Dubuque, Iowa
(Acting)
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: 30
o'clock P.M., on the above date. There were present Mayor Pro -Tem suttor; 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
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 -.a - -- .Federal : Building, 350 West 6th
Street, Dubuque, Iowa,
at which meeting the
Council proposes to
take additional action
for the issuance of nit
to exceed $7,035,000
General ObligatiPOri a
Bonds, for essential
corporate purposes of
said City, in order to I,
provide funds to pay
costs of the acqur-
sitiapy, construction;
recorjstructiop,C Mr
.provement: and eq*.
ping o'f` "waterwarks,
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 1
freeway improve-
ments; • the acquisition
of solid waste
collection vehicles; the
construction of the Bee
Branch Creek Restor -1
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
payinent of costs'
associated with the
stipulated civil penalty
and supplemental
environmental project I
required under the
Consent. Decree with
federal . ' "nd.:..'..State
au tiorjties codcerning
,the Water ."Pollution•
Cool Met,'
sanriry seweatsystem-
Afthe above meeting
the Council shall
receive oral or written
objections from any
resident or property
owner of the City, to
the above action. After
alj 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
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 m- a Notary Public in and for Dubuque County, Iowa,
this .476y day o �. , 20/7 .
r r
otary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEY
Commission Number 154