General Obligation Bonds for Nonessential Corporate Purposes_$700,000ATTEST:
RESOLUTION NO. 216 -11
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL
ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO
EXCEED $700,000 GENERAL OBLIGATION BONDS
WHEREAS, pursuant to notice published as required by law, the City Council has
held a public meeting and hearing upon the proposal to institute proceedings for the
issuance of not to exceed $700,000 General Obligation Bonds, for general corporate
purposes, in order to provide funds to pay costs of the rehabilitation, renovation and
reconstruction of the former 18th Street Fire Engine House #1, including the provision of
construction financing to the private developer undertaking the rehabilitation of the same;
and the re- lamping of the Iowa Street Parking Ramp facility, and no petition was filed
calling for a referendum thereon. 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 authorization and issuance in the manner required by law of not to exceed
$700,000 General Obligation Bonds for the foregoing general corporate purposes.
PASSED AND APPROVED this
City Clerk (Acti )
day of July ,2011.
3
5th
Mayor
0
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
$700,000 General Obligation Bonds
Dubuque
held
All- AmericaCity
11111f
2007
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 $700,000 General Obligation Bonds." The proceeds
of the bonds will be used to pay costs of the rehabilitation, renovation and
reconstruction of the former 18 Street Fire Engine House #1, including the provision of
construction financing to the private developer undertaking the rehabilitation of the
same; and the re- Tamping of the Iowa Street Parking Ramp facility. 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
Midhael C. Van Milligen
Masterpiece on the Mississippi
Michael C. Van Milligen, City Manager
TO:
FROM: Jennifer Larson, Budget Director,
SUBJECT: Proceedings for Public Hearing on the Issuance of Not to Exceed
$700,000 General Obligation Bonds
DATE: June 27, 2011
Dubuque
trail
AII- America City
1 1 1 1 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 $700,000
General Obligation Bonds." The proceeds of the Bonds will be used for general
corporate purposes of the City. A letter from attorney William Noth detailing information
on the bond hearing is enclosed.
DISCUSSION
Of the bond amount, $637,000 is intended to provide funds to pay costs of the
rehabilitation, renovation and reconstruction of the former 1 8t" Street Fire Engine House
#1, including the provision of construction financing to the private developer undertaking
the rehabilitation of the same; and $63,000 is intended to provide funds for the re-
lamping of the Iowa Street Parking facility. 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 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 $700,000 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 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. Nath
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 $700,000 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.
These proceedings are prepared to show as a first step the receipt of any petition
for election on the proposed action of the Council to issue said Bonds.
If no petition is filed, the Council should proceed to adopt the resolution instituting
proceedings to take additional action for the issuance of the Bonds. In the event the
Council decides to abandon the proposal to issue 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. If such a petition has been received
and if the Council decides not to abandon the proposal to issue said Bonds, 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.
June 22, 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. 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.)
00802273 -1 \10422 -125
Very truly yours,
William J. Noth
STATE OF IOWA
COUNTY OF DUBUQUE
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.
(SEAL)
WITNESS my hand and the seal of the City hereto affixed this 6th
00802267 -1 \10422 -125
July ,201L
day of
City erk, Cit of Dubuque, State of Iowa
(Acting)
Not To Exceed $700,000 General Obligation Bonds
• Public hearing on the issuance.
• Resolution instituting proceedings to take additional action.
Cit Clerk, City of Dubuque, Iowa
(Acting)
Cs)RiGINAL
(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.
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 5 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.
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. Buol , in
the chair, and the following named Council Members:
Rrair� Cnnnnrs, JnnP., T.yrlrh, suttnrl
Absent:
Resnick
1
July 5 ,2011
The Mayor announced that this was the time for meeting on the matter of the
issuance of not to exceed $700,000 of General Obligation Bonds in order to provide
funds to pay costs of the rehabilitation, renovation and reconstruction of the former 18th
Street Fire Engine House #1, including the provision of construction financing to the
private developer undertaking the rehabilitation of the same; and the re- lamping of the
Iowa Street Parking Ramp facility; general corporate purposes; and that notice of the
proposal to issue the bonds and the right to petition for an election had been published as
provided by Section 384.26, of the City Code of Iowa; and, the Mayor then asked the
City Clerk whether any petition had been filed in the Clerk's Office, in the manner
provided by Section 362.4 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.
closed.
Whereupon, the Mayor declared the hearing on the issuance of the bonds to be
Whereupon, Council Member Braig introduced and delivered
to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION
AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION
BONDS ", and moved:
sm
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.
-2-
STATE OF IOWA
COUNTY OF DUBUQUE
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 COUNCIL OF THE CITY OF DUBUQUE,
IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO
EXCEED $700,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION
BONDS (FOR GENERAL CORPORATE PURPOSES), AND HEARING ON
ISSUANCE OF SAID BONDS
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:
(SEAL)
00800194 -1 \10422 -125
June 24 , 2011.
WITNESS my official signature at Dubuque, Iowa, this
July , 2011.
8th
day of
City Clerk, C
(Acting)
of Dubuque, State of Iowa
NOTICE OF MEETING
OF THE COUNCIL OF
THE CRY OF
DUBUQUE, IOWA, ON
THE MATTER OF THE
PROPOSED ISSUANCE
OF NOT TO EXCEED
$700,000 PRINCIPAL
AMOUNT OF
GENERAL
OBLIGATION BONDS
(FOR GENERAL
CORPORATE
PURPOSES), AND
HEARING ON
ISSUANCE OF SAID
BONDS
PUBLIC NOTICE is
hereby given that the
Council of 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 .Buildin'g, 350
West 6th Street,
Dubuque, :Iowa,. 'at
which', 'meeting. " the
Council proposes to
take action for the
issuance of not to
exc* $700,000 of I
General , :Obligation
Bonds, bearing interest
I at the rate of not to
, exceed nine percent
' (9 %) per annum, said
bonds to be issued for
the purpose of pro-
viding funds to pay
costs of the rehabili-
tation, renovation and
reconstruction of the
former 18th Street Fire
Engine House #1,
including the provision
of construction financ-
ing to the private
developer undertaking
the rehabilitation of
the same; and the re-
lamping of the Iowa
Street Parking Ramp
facility.
At any time before the
date of said meeting, a
petition,, asking that
the question of issuing
such bonds be
submitted to the legal
voters of said City, may
be filed with the Clerk
of said City in the
manner provided by
Section 362.4 of the
City Code of Iowa,
pursuant to the
provisions of Section
384.26(5) of the City
Code of Iowa.
This Notice is given by
order of the Council of
the City of Dubuque,
Iowa, as provided .by
Section 384.26(5) of the
City Code of Iowa.
-Dated this 24th day of
June, 2011.
Kevin S. 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 $22.24.
Subscribed to before me Notary Public in and for Dubuque County, Iowa,
this ce 76j day o , 20 // .
tary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEY-
Commission Number 154
I - arAAIM�. FrIR1A�=
(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 $700,000 General Obligation Bonds.
• Resolution fixing date for a meeting on the proposition to issue.
Such additional matters as are set forth on the additional R 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.
City Clerk, City of 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 - T e m 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