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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