Bonds Public HearingThe 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:
El
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 -
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
4
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
Dubuque
klittil
All-America City
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
THE CITY OF
Dui
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
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
herd
All-America Cily
' 1 1 '
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.
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 $7,035,000 General Obligation Bonds
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.
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.
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
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
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)
00800201 - 1 \10422 - 125
WITNESS my hand and the seal of the City hereto affixed this 20th day of
June ,2011.
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)
(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 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.
of 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. Buol , in
the chair, and the following named Council Members:
Braig, Connors, Jones, Lynch, Sutton
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
o.:.,,,er,.weeee,,rr.-rerr,r,rrerrse,,e,er,.,r,e.rre,rnrrrrree.,°ererrr,,,,w,wr,,reee,nee,,wrr.
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.
ATTEST:
PASSED AND APPROVED this
3
5th
day of July
, 2011.
THE CITY OF
Du1
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
katil
All- America City
1 I
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
Michael C. Van Milligen
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
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
All-America City
11111f
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 18 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."
William J. Noth
wnoth @ahlerslaw.com
Mr. Ken TeKippe
Finance Officer
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001 -4864
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
Dear Mr. TeKippe:
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.
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
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)
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
1
(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:
Not To Exceed $700,000 General Obligation Bonds
• Public hearing on the issuance.
• Resolution instituting proceedings to take additional action.
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.
Cit Clerk, City of Dubuque, Iowa
(Acting)
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:
Rraig, rnnnnrs, ,7nnPS, Lynch, Sutton
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:
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-
.83n,t1U3=J3C,,[3[ rir d IC.U.I<I,CICKIni=3137.R33SSISYdSd d,6 31-B,CE-Plel
The 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:
Council Member
called and the vote was,
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.
AYES: Connors, Jones, Sutton, Braig, Buol
NAYS:
Jones seconded the motion. The roll was
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:
A I
C'ty Clerk
PASSED AND APPROVED this 5th day of July , 2011.
4
Mayor
Q�
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
MCVM /jml
Attachment
Michael C. Van Milligen
Dubuque
All-America City
1
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.
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
All- America City
1
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
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 ,201L
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
City Clerk, Cit
(Acting)
day of
STATE OF IOWA
COUNTY OF DUBUQUE
(SEAL)
00800198 -1\ -10422 -125
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, 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:
June 24 ,2011.
WITNESS my official signature at Dubuque, Iowa, this
June ,201L
City Clerk, Cit
(Acting)
L
day of
of Dubuque, State of Iowa
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
$1,265000 GENERAL
OBLIGATION BONDS
(FOR URBAN
!ENEWAL
PURPOSE 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' ahe
South Siegert Fax
area of DICW, . an'd
emergency iepelrs ta'
:the • Pprt of Dubuque
Parking 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 meeting
he Council -shal
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
ill 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 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 $28.68.
Subscribed to before m
this ,- day o
1- 7 ---- - Pize
otary Public in and for Dubuque County, Iowa,
,20% .
'ary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEY
Commission Number 154•
C•'
Not To Exceed $1,265,000 General Obligation Bonds
• Public hearing on the issuance.
• Resolution instituting proceedings to take additional action.
(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: 6-3n 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 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.
City Clerk, Cit of Dubuque, Iowa
(Acting)
. July 5 ,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 Roy D. B u o l , in
the chair, and the following named Council Members:
Rraig, Connors, Lynch, Sutton, Jones
Absent: Resnick
1
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