Loading...
Historic Pres Loan $200,000 DU~-@uE ~<k~ MEMORANDUM January 11, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Ratifying Former Action Approving $200,000 General Obligation Capital Loan Note for Historic Preservation Revolving Loan Fund On December 20, 2004, the City Council held a public hearing and approved a $200,000 General Obligation Capital Loan Note for the Historic Preservation Revolving Loan Fund. This note will finance an offer by Premier Bank to provide $200,000 to the City of Dubuque for 10 years, interest free, for the Historic Preservation Revolving Loan Fund. Bill Noth, the City's bond counsel, has notified the City that the incorrect notice was published for the public hearing. Planning Services Manager Laura Carstens recommends that the City Council ratify their former action approving the Loan Agreement and $200,000 General Obligation Capital Loan Note, and that a public hearing be set for February 7, 2005. I concur with the recommendation and respectfully request Mayor and City Council approval. /lLLcL{1;~! /LlIL- Micl'Íael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager D~ ~<k~ MEMORANDUM January 11, 2005 TO: FROM: Michael Van Milligen, City Manager Laura Carstens, Planning Services Manager .~ RE: Ratifying Fonner Action Approving $200,000 General Obligation Capital Loan Note for Historic Preservation Revolving Loan Fund This memorandum requests that the City Council again hold a public hearing on a previously-approved $200,000 General Obligation Capital Loan Note for the Historic Preservation Revolving Loan Fund. This note will finance an offer by Premier Bank to provide $200,000 to the City of Dubuque for 10 years, interest free, for the Historic Preservation Revolving Loan Fund. The City Council approved authorization of a Loan Agreement and issuance of the General Obligation Capital Loan Note for the Historic Preservation Revolving Loan Fund at a public hearing on December 20, 2004. Corporation Counsel Barry Lindahl has informed me that our bond counsel, Bill Noth, has discovered that the notice that was published for the public hearing was not the revised notice he sent. The original form of notice (prepared when we thought this would be a tax increment revenue obligation) apparently was published, rather than the revised version (relating to the general obligation capital loan note). There are a lot of similarities, but notice of the right to petition for an election on the proposal was not part of the notice that was published. Mr. Noth recommends we republish the correct notice and have the City Council ratify the former action. Attached are the revised documents. The City Council is asked to set a public hearing for approval of the Loan Agreement and $200,000 General Obligation Capital Loan Note for February 7, 2005, and to ratify the former action. Enclosures cc Jeffrey Mozena, President/CEO, Premier Bank Scott Dalsing, Vice President Commercial Lender, Premier Bank David Stuart, Chairperson, Historic Preservation Commission Barry Lindahl, Corporation Counsel Dawn Lang, Budget Director Kenneth TeKippe, Finance Director Joleen Patterson, Housing Rehabilitation Supervisor '" ~,J. I/S/ð5 {~(I'j"ji'a(S"¡ô Jecll1f1(- (i Ofj -v. [(jura (!arS7efl5 # AHLERS ~COONEY, P.C. ATTORNEYS AHAW 100 COURT AVENUE' SUITE 600 DES MOINES. IOWA 50309-2231 PHONE 515-243-7611 FAX, 515-243-2149 WWW.AHLERSLAW.COM WILLIAM J. NOTH WNOTH@AHLERSLAW.COM Direct Dial, 1515)246-0332 January 3, 2005 Mr. Ken TeKippe Finance Officer City of Dubuque 50 West 13th Street Dubuque, Iowa 52001-4864 RE: $200,000 General Obligation Capital Loan Note (Historic Preservation Loan Fund) Dear Mr. TeKippe: With this letter I am enclosing suggested proceedings directing the republication of notice of a public hearing concerning issuance of the above Note, as well as proceedings ratifying the prior action to authorize issuance of the Note. These proceedings have been prepared to eliminate any question as to whether the prior notice of hearing substantially complied with the requirements onowa law. As before, the form of notice included in the proceedings directing republication of the same must be published at least once in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The date of publication is to be not less than 10 clear days before the date of said public meeting on the issuance ofthe Note. In computing time, the date of publication should be excluded. If the last day falls on Sunday, the whole of the following Monday should be excluded. The proceedings ratifying the prior action have been prepared on the basis that no petition will be filed with the City Clerk, asking that the question of issuing the Notes be submitted to the qualified electors of the City. Assuming that to be the case, these proceedings document that the hearing was held and that no petition had been filed. The proceedings then ratify the provisions of Resolution Nos. 485-04 and 486-04, approved on December 20, 2004. WISHARD' BAILY- 1888, GUERNSEY' BAILY- 1893, BAILY' STIPP - 1901, STIPP. PERRY. BANNISTER' SYARZINGER -1914, BANNISTER. CARPE""R. AHLERS' CDDNEY-I950, AHLERS. CDDNEY. DDRWEILER. ALLBEE. HAYNIE' SNI11< -1974, AHLERS. CDDNEY. DORWEILER. HAYNIE. SMITH' ALLBEE. P.C. - 1990 January 3, 2005 Page 2 If a valid petition is filed, please notify me so that the enclosed proceedings can be revised to cover the action taken by the Council in either declaring the proposal to issue the Notes to have been abandoned or the directions of the Council to the County Commissioner to call a special election upon the question of issuing the Notes. Extra copies of the proceedings are enclosed to be completed as the originals and returned to us for our transcript of the action taken. If you have any questions, please don't hesitate to call. Yours very truly, ~ William J. Noth WJN:dc encl. cc: Barry Lindahl (w/encl.) DCORNELL\437485.1 IWPII 0422069 (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Dubuque, Iowa. Date of Meeting: ,2005. Time of Meeting: o'clock .M. Place of Meeting: Auditorium, Carnegie-Stout Public Library, 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 said meeting is as follows: $200,000 General Obligation Capital Loan Note. Resolution directing republication of notice on the proposition to issue. Such additional matters as are set forth on the additional- 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 said governmental body. City Clerk, Dubuque, Iowa ,2005 The City Council of Dubuque, Iowa, met in session, in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at - o'clock _.M., on the above date. There were present Mayor , in the chair, and the following named Council Members: Absent: ******* -1- Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING REPUBLICATION OF NOTICE OF HEARING ON THE PROPOSITION OF THE ISSUANCE OF A $200,000 GENERAL OBLIGATION CAPITAL LOAN NOTE OF DUBUQUE, IOWA", and moved that the same be adopted. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION DIRECTING REPUBLICATION OF NOTICE OF HEARING ON THE PROPOSITION OF THE ISSUANCE OF A $200,000 GENERAL OBLIGATION CAPITAL LOAN NOTE OF DUBUQUE, IOWA WHEREAS, this City Council has previously held a public hearing and taken action with respectto the issuance of a General Obligation Capital Loan Note to the amount of $200,000, as authorized by Section 384.24A and 384.26(5) of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out a general corporate project as hereinafter described; and WHEREAS, the published notice of said hearing may not have substantially complied with the foregoing statutory requirements, and it is therefore appropriate that a new notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan Agreement and Note be published, and that the Council receive oral and/or written objections from any resident or property owner of the City to such action and any petition for an election on said proposal. -2- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That this Council meet in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at o'clock _.M., on the - day of ,2005, for the purpose of receiving objections or petitions on the matter of the issuance of a $200,000 General Obligation Capital Loan Note, the proceeds of which will be used to provide funds to pay costs of funding the City's Historic Preservation Revolving Loan Fund and the making ofloans to property owners in designated historic preservation districts or who own a City designated landmark for exterior rehabilitation projects. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said obligations. Section 3. The notice of the proposed action to issue said General Obligation Capital Loan Note shall be in substantially the following form: -3- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF A $200,000 GENERAL OBLIGATION CAPITAL LOAN NOTE OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on the - day of , 2005, at - o'clock _.M., in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the issuance of a $200,000 General Obligation Capital Loan Note in order to provide funds to pay costs of funding the City's Historic Preservation Revolving Loan Fund and the making ofIoans to property owners in designated historic preservation districts or who own a City designated landmark for exterior rehabilitation projects. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the authorization of a Loan Agreement and the issuance of a Note to evidence the obligation of the City thereunder or will abandon the proposal. At any time before the date of said meeting, a petition, asking that the question of issuing such Note 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 onowa, pursuant to the pro~isions of Section 384.26(5) of the City Code onowa. This Notice is given by order of the Council of Dubuque, Iowa, as provided by Sections 384.24A and 384.26(5) of the City Code onowa, as amended. Dated this - day of ,2005. City Clerk of Dubuque, Iowa (End of Notice) -4- PASSED AND APPROVED this - day of Mayor ATTEST: City Clerk -5- ,2005. CIG-3 9/91 CERTIFICATE STATE OF IOWA ) ) SS ) COUNTY OF DUBUQUE I, the undersigned City Clerk of Dubuque, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings ofthe Council, and the same is a true and complete copy of the action taken by said Council with respect to said 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 said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code ofIowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said 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 said 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 said Municipality hereto affixed this day of ,2005. City Clerk, Dubuque, Iowa SEAL DCORNELLI43 7486.1 I WPII0422069 -6- CIG-18 2-91 STATE OF IOWA ) ) SS COUNTY OF DUBUQUE) 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 onowa, and that as such Clerk and by full authority from the Council of said 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 A $200,000 GENERAL OBLIGATION CAPITAL LOAN NOTE OF SAID 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 said Notice was published in said newspaper in all of the issues thereof published and circulated on the following date: ,2005 WITNESS my official signature at Dubuque, Iowa, this ,2005. day of City Clerk (SEAL) DCORNELL1429800.1 I WPII0422000 (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governrnental Body: The City Council of Dubuque, Iowa. Date of Meeting: ,2005. Time of Meeting: o'clock _.M. Place of Meeting: Auditorium, Carnegie-Stout Public Library, 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 said meeting is as follows: $200,000 General Obligation Capital Loan Note Public hearing on the authorization of a Loan Agreement and the issuance of a Note to evidence the obligation of the City thereunder. Resolution ratifying prior proceedings to take additional action. Such additional matters as are set forth on the additional- 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 said governmental body. City Clerk, Dubuque, Iowa ,2005 The City Council of Dubuque, Iowa, met in Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at on the above date. There were present Mayor the following named Council Members: session, in the o'clock _.M., , in the chair, and Absent: ******** -1- The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the authorization of a Loan Agreement and the issuance of $200,000 General Obligation Capital Loan Notes, in order to provide funds to pay costs of funding the City's Historic Preservation Revolving Loan Fund and the making ofloans to property owners in designated historic preservation districts or who own a City designated landmark for exterior rehabiJitation projects, a general corporate purpose, and that notice of the proposed action by the Council to institute proceedings for the authorization of the Loan Agreement and the issuance of the Notes and the right to petition for an election, had been published pursuant to the provisions of Sections 384.24A and 384.26(5) of the City Code onowa, as amended. The Mayor then asked the Clerk whether any petition had been filed in the Clerk's Office, as contemplated in Section 384.26 of the City Code onowa, and the Clerk reported that no such petition had been filed, requiring that the question of issuing the notes be submitted to the qualified electors of the City. Whereupon, the Mayor declared the hearing on the authorization of entering into a loan agreement and the issuance of notes to be closed. Whereupon, Council Member introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION RATIFYING PRIOR PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $200,000 GENERAL OBLIGATION CAPITAL LOAN NOTES" and moved: D D that the Resolution be adopted. ADJOURN and defer action on the Resolution and the proposal to institute proceedings to the meeting to be held at o'clock _.M. on the day of , 2005, at this place. -2- Council Member called and the vote was, seconded the motion. The roll was AYES: NAYS: Whereupon, the Mayor declared the measure duly adopted. RESOLUTION RATIFYING PRIOR PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $200,000 GENERAL OBLIGATION CAPITAL LOAN NOTES 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 authorization of a Loan Agreement and the issuance of $200,000 General Obligation Capital Loan Notes for a general corporate purpose, for the purpose of paying costs of funding the City's Historic Preservation Revolving Loan Fund and the making ofloans to property owners in designated historic preservation districts or who own a City designated landmark for exterior rehabilitation projects, 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 the prior action of this Council in Resolution No. 485-04, approved on December 20, 2004, to institute proceedings and take additional action for the authorization of a Loan Agreement and issuance in the manner required by law of $200,000 General Obligation Capital Loan Notes to evidence the obligation thereof for the foregoing general corporate purpose, is hereby ratified, confirmed and approved. -3- , . Section 2. That the prior action of this Council in Resolution No. 486-04, approved on December 20, 2004, to approve a form of Loan Agreement and authorize issuance of said Notes is in all respects ratified, confirmed and approved. PASSED AND APPROVED this - day of ,2005. Mayor ATTEST: Clerk -4- CERTIFICATE STATE OF IOWA ) ) SS ) COUNTY OF DUBUQUE CIG-3 9/91 I, the undersigned City Clerk of Dubuque, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said 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 said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code onowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said 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 said 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 said Municipality hereto affixed this day of ,2005. City Clerk, Dubuque, Iowa SEAL DCORNELL \437487.1 IWPII 0422069 -5- ~,J '/S/ð5 {~(tji"a(S "'¡ò Jecll1nf- (' Ofj 'Í1> ¿c,ura (!arS"fel1s AHLERS~COONEY, P.C. ATTORNEYS AT LAW 100 COURT AVENUE' SUtTE 600 DES MOINES. IOWA 50309-2231 PHDNE 515-243-7611 FAX, 515-243-2149 WWW.AHLERSLAW.COM DirBct Dial. 1515)246-0332 WILLIAM J. NOTH WNOTH@AHLERSLAW.COM January 3, 2005 Mr. Ken TeKippe Finance Officer City of Dubuque 50 West 13th Street Dubuque, Iowa 52001-4864 RE: $200,000 General Obligation Capital Loan Note (Historic Preservation Loan Fund) Dear Mr. TeKippe: With this letter I am enclosing suggested proceedings directing the republication of notice of a public hearing concerning issuance of the above Note, as well as proceedings ratifying the prior action to authorize issuance of the Note. These proceedings have been prepared to eliminate any question as to whether the prior notice of hearing substantially complied with the requirements onowa law. As before, the form of notice included in the proceedings directing republication of the same must be published at least once in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The date of publication is to be not less than 10 clear days before the date of said public meeting on the issuance of the Note. In computing time, the date of publication should be excluded. If the last day falls on Sunday, the whole of the following Monday should be excluded. The proceedings ratifying the prior action have been prepared on the basis that no petition will be filed with the City Clerk, asking that the question of issuing the Notes be submitted to the qualified electors of the City. Assuming that to be the case, these proceedings document that the hearing was held and that no petition had been filed. The proceedings then ratify the provisions of Resolution Nos. 485-04 and 486-04, approved on December 20, 2004. WIS"^RD' BAILY - 1888, GUERNSEY' BAILY -1893, BAILY' STIPP -1901, STIPP. PERRY. BANNISTER' STARZINGER - 1914, BANNISTER. CARPENTER. AHLERS' CoONEY- 1950, AHLERS. CoONEY. DORWEILER. ALLBEE. HAYNIE' SHITH -1974, AHLERS. CoONEY. DORWEILER. HAYNIE. SHI11<' ALLBEE. P.C. -1990 January 3, 2005 Page 2 If a valid petition is filed, please notify me so that the enclosed proceedings can be revised to cover the action taken by the Council in either declaring the proposal to issue the Notes to have been abandoned or the directions of the Council to the County Commissioner to call a special election upon the question of issuing the Notes. Extra copies of the proceedings are enclosed to be completed as the originals and returned to us for our transcript of the action taken. If you have any questions, please don't hesitate to call. Yours very truly, ~ William J. Noth WJN:dc encl. cc: Barry Lindahl (w/encI.) DCORNELL\437485.1 I WPI¡0422069