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General Obligation Bonds Series 2011 A and 2011 B_AmendmentsMasterpiece on the Mississippi August 30, 2011 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque kittel An- America Cily 11111 2007 SUBJECT: Resolutions Amending Resolution No. 269 -11 and Resolution No. 271- 11(General Obligation Bonds, Series 2011A and Taxable General Obligation Bonds, Series 2011 B) Budget Director Jennifer Larson recommends City Council approval of the suggested proceedings to amend Resolution Number 269 -11 and Resolution Number 271 -11 related to the recent Series 2011A and 2011B bond issuance. The amendments are necessary to conform the authorizing resolution for each bond series to the definition of the "record date" in the Official Statement for the bonds. I concur with the recommendation and respectfully request Mayor and City Council approval. ael C. Mic Van MCVM /jml Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jennifer Larson, Budget Director Kenneth TeKippe, Finance Director Milligen RECOMMENDATION I respectfully recommend the adoption of the enclosed resolutions amending Resolution No. 269 -11 and Resolution No. 271 -11 related to authorizing the issuance of the City's General Obligation Bonds, Series 2011A and 2011B. JML Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Kenneth TeKippe, Finance Director 2 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 William J. Noth RECFi\1F_D 11 AUG 29 AM11:31 City Clerk's Office wnoth @ahlerslaw.com (515)246 -0332 August 26, 2011 Mr. Ken TeKippe Finance Director City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 -4864 RE: Resolutions Amending Resolution No. 269 -11 and Resolution No. 271 -11 (General Obligation Bonds, Series 2011A and Taxable General Obligation Bonds, Series 2011B) Dear Mr. TeKippe: With this letter, I am sending suggested proceedings to document the Council's approval of an amendment to Resolution No. 269 -11 related to authorizing the issuance of the City's General Obligation Bonds, Series 201 IA and approval of an amendment to Resolution No. 271 -11, related to authorizing the issuance of the City's Taxable General Obligation Bonds, Series 2011B. The amendments are necessary to conform the authorizing resolution for each series to the definition of the "record date" in the Official Statement for the Bonds. The resolutions describe the details of the changes being made. Following Council approval of each resolution, please return an executed copy of each set of the proceedings to us for our transcript of the action taken. Should you have any questions, or if we can be of any assistance in completing the enclosed items, please don't hesitate to contact me. Very truly yours, • William J. Noth WJN:dc encl. 00811884- 1\10422 -125 WISHARD & BAILY - 1888: GUERNSEY & BAILY - 1893: BAILY & STIPP - 1901. STIPP. PERRY BANNISTER & STARZINGER - 1914. BANNISTER, CARPENTER AHLERS & COONEY - 1950: AHLERS, CCONEY, DORWEILER ALLBEE, HAYNIE & SMI fH - 1 974, AH,ERS, COONEY, DORWEILER, HAYNIE SMITH & ALLBEE, P.C. - 1990 C7 INAL (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: September 6 , 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: $6,330,000 General Obligation Bonds, Series 2011A. Resolution Amending Resolution No. 269 -11 authorizing the issuance, adopted August 15, 2011. Such additional matters as are set forth on the additional 3 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 f Dubuque, Iowa September 6 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. Buol , in the chair, and the following named Council Members: Karla Braig, Joyce Connors, Ric Jones Kevin Lynch, David Resnick, Lynn Sutton. Absent: 1 Council Member Lynch introduced the following Resolution entitled "RESOLUTION AMENDING RESOLUTION NO. 269-11 AUTHORIZING ISSUANCE OF $6,330,000 GENERAL OBLIGATION BONDS, SERIES 201 1A, ADOPTED AUGUST 15, 2011" and moved that it be adopted. Council Member Jones seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: Lynch Resnick, Sutton, Braig NAYS: Buol, Connors, Jones Whereupon, the Mayor declared said Resolution duly adopted as follows: RESOLUTION NO. 288 -11 RESOLUTION AMENDING RESOLUTION NO. 269 -11 AUTHORIZING ISSUANCE OF $6,330,000 GENERAL OBLIGATION BONDS, SERIES 2011A, ADOPTED AUGUST 15, 2011 • WHEREAS, the Council adopted Resolution No. 269 -11, a Resolution Authorizing and Providing for the Issuance of $6,330,000 General Obligation Bonds, Series 2011A, and Levying a Tax to Pay Said Bonds, on August 15, 2011; and WHEREAS, Section 10 and Section 13 of Resolution No. 269- 11provides that payments of principal and interest made in respect of any Bond shall be paid to the registered holder or to their designated agent as shown on the records of ownership maintained by the Registrar on the 15th day preceding the payment date; and WHEREAS, the Official Statement, dated August 8, 2011, provides that payments of principal and interest made in respect of any Bond shall be paid to the registered holder or to their designated agent as shown on the records of ownership maintained by the Registrar on the 15`h day of the month preceding the payment date; and WHEREAS, it is necessary to conform the definition of record date as stated in said Resolution to that as stated in the Official Statement, and action should now be taken to amend Section 10 and Section 13 of said Resolution to so conform. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: 2 Section 1. Section 10 of Resolution No. 269 -11 shall be amended to read as follows: Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 2. The definition of record date in the form of Bond as set forth in Section 13 of Resolution No. 269 -11 shall be amended to read as follows: Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month preceding such interest payment date. Section 3. That all other provisions of Resolution No. 269 -11 be and the same hereby are ratified, confirmed and approved. PASSED AND APPROVED this 6th day of September , 2011. ATTEST: Mayor 7 3 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. WITNESS my hand and the seal of the City hereto affixed this 6th September , 2011. (SEAL) 00811843 -1 \10422 -125 ..ice/ City Clerk, City of Dubuque, tate of Iowa day of CG!NAL (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: September , 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: $1,590,000 Taxable General Obligation Bonds, Series 2011B. • Resolution Amending Resolution No. 271 -11 authorizing the issuance, adopted August 15, 2011. Such additional matters as are set forth on the additional 3 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, Ci y of Dubuque, State of Iowa September 6 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. Buol , in the chair, and the following named Council Members: Karla Braig, Joyce Connors, Ric Jones Kevin Lynch, David Resnick, Lynn Sutton. Absent: 1 Council Member Lynch introduced the following Resolution entitled "RESOLUTION AMENDING RESOLUTION NO.271 -11 AUTHORIZING ISSUANCE OF $1,590,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2011B, ADOPTED AUGUST 15, 2011" and moved that it be adopted. Council Member J o n P s seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: Lynch, Resnick, Sutton, Braig, Buol, NAYS: Connors, Jones Whereupon, the Mayor declared said Resolution duly adopted as follows: RESOLUTION NO. 289 -11 RESOLUTION AMENDING RESOLUTION NO. 271-11 AUTHORIZING ISSUANCE OF $1,590,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2011B, ADOPTED AUGUST 15, 2011 WHEREAS, the Council adopted Resolution No. 271 -11, a Resolution Authorizing and Providing for the Issuance of $1,590,000 Taxable General Obligation Bonds, Series 2011B, and Levying a Tax to Pay Said Bonds, on August 15, 2011; and WHEREAS, Section 10 and Section 13 of Resolution No. 271 -11 provides that payments of principal and interest made in respect of any Bond shall be paid to the registered holder or to their designated agent as shown on the records of ownership maintained by the Registrar on the 15th day preceding the payment date; and WHEREAS, the Official Statement, dated August 8, 2011, provides that payments of principal and interest made in respect of any Bond shall be paid to the registered holder or to their designated agent as shown on the records of ownership maintained by the Registrar on the 15th day of the month preceding the payment date; and WHEREAS, it is necessary to conform the definition of record date as stated in said Resolution to that as stated in the Official Statement, and action should now be taken to amend Section 10 and Section 13 of said Resolution to so conform. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 10 of Resolution No. 271 -11 shall be amended to read as follows: Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 2. The definition of record date in the form of Bond as set forth in Section 13 of Resolution No. 271 -11 shall be amended to read as follows: Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month preceding such interest payment date. Section 3. That all other provisions of Resolution No. 271 -11 be and the same hereby are ratified, confirmed and approved. PASSED AND APPROVED this 6th day of September , 2011. ATTEST: 3 CERTIFICATE STATE OF IOWA ) ) SS 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. WITNESS my hand and the seal of the City hereto affixed this 7th day of September , 2011. (SEAL) 00811834 -1 \10422 -125 Cit Clerk, Cit of Dubuque, State of Iowa