Dbq Industrial Ctr West G.O. Bonds 7,265,000
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DU~%duE
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MEMORANDUM
February 16, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C, Van Milligen, City Manager
SUBJECT: Proceedings to Set Public Hearing on the Issuance of General Obligation
Bonds
Finance Director Ken TeKippe recommends that the City Council set a public hearing
for March 7. 2005, on the proposition of selling not to exceed $7,265,000 in General
Obligation Bonds to support grading and infrastructure improvements to the former 152
acre Bergfeld farm property and other amenities in Bergfeld Recreation Area in the
Dubuque Industrial Center Economic Development District.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
,,)Ill" {/!4("lll\ _
Michael C, Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Kenneth J. TeKippe, Finance Director
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Memorandum
TO:
FROM:
Michael C. Van Milligen, City Manager
Kenneth J TeKippe, Finance Director ~ S), vw'h;-r/P
SUBJECT: Proceedings to Set Public Hearing on the Issuance of General Obligation
Bonds
DATE:
February 16, 2005
The purpose of this memorandum is to recommend the setting of a public hearing on
the proposal to issue General Obligation Bonds to support grading and infrastructure
improvements to the former 152 acre Bergfeld farm property and other amenities in
Bergfeld Recreation Area in the Dubuque Industrial Center Economic Development
District. A letter from attorney William Noth detailing information on the bond hearing is
enclosed.
The requested action step for City Council is to adopt the attached resolution fixing the
date of March 7, 2005 for a public hearing on the proposition of selling not to exceed
$7,265,000 in General Obligation Bonds (for an essential corporate purpose) of
Dubuque, Iowa and providing for publication of notice. We expect to issue two series of
bonds with a portion taxable (funds to be used to develop and grade properties that are
expected to be sold for private redevelopment) and a portion tax exempt. The proposal
to issue bonds is subject to a ten day reverse referendum.
KJT/jmg
Enclosures
cc: Barry Lindahl, Corporation Counsel
Dawn Lang, Budget Director
Jeanne Schneider, City Clerk
.
AHLERS ~COONEY, P.C.
ATTORNEYS AT LAW
100 COURT AVENUE' SUITE 600
DES MOINES. IOWA 50309-2231
PHONE 515-2~-7611
FAlt 515-2~-2149
WWW.AHlERSLAW.COM
WilLIAM J. NOTH
WNOTHGAHlERSLAW.COM
Direct Dial,
(515)246-0332
February 15,2005
Mr. Ken TeKippe
Finance Officer
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001-4864
RE: Not to exceed $7,265,000 General Obligation Bonds
Dear Mr. TeKippe:
We have now prepared and are enclosing herewith suggested proceedings to be
acted upon by the Council in fixing the date of a meeting on the proposition to issue the
above mentioned Bonds and ordering publication of a notice of hearing consistent with
the provisions of Code Sections 403.12 and 384.24(3)(q).
Notice of this meeting 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 ten clear
days before the date of said public meeting on the issuance of said Bonds. 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.
Also enclosed is an extra copy of the proceedings to be filled in as the original and
certified back to this office, together with publisher's affidavit of publication of notice of
hearing. We are also enclosing an extra copy of the notice of hearing to be delivered to
the newspaper for publication purposes. A certificate to attest the proceedings is also
enclosed.
WISHARD & BAIL Y ~ 18881 GUERNSEY & BAilY - 1893, BAILY & STIPP - 1901: Sl1PP. PERRY. BANNISTER & STARZINGER - 1914, BANNISTER. CARPENTER.
AHLERS & CooNEY - 1950, AHLERS. CooNEY. DORWEILER. ALLBEE, HAYNIE & SMITH. 1974; AHLERS, CooNEY. DORWEILER. HAYNIE. SIoIITH & ALLBEE. P.C. - 1990
.----
February 15,2005
Page 2
At any time before the date of the hearing, a petition may be filed with the Clerk
requesting that the issuance of the Bonds for this purpose be submitted to an election. To
qualify, a petition must be signed by eligible electors equal to at least ten percent of the
number who voted at the last regular municipal election (but not less than ten persons).
At the time of hearing the Council shall receive oral or written objections from
any resident or property owner to the proposed action to issue said Bonds. After all
objections have been received and considered, the Council is required, at that meeting or
at any adjournment thereof, to take additional action for the issuance of said Bonds or to
abandon the proposal to issue said Bonds.
The Council is required by statute to adopt the resolution instituting proceedings
to issue the Bonds at the hearing--or an adjournment thereof.
We will prepare and forward to you in the near future, suggested procedure to be
acted upon on the date of hearing. If you have any questions pertaining to the
proceedings enclosed or the above instructions, please do not hesitate to either write or
call.
Yours very truly,
~
William J. Noth
WJN:dc
encl.
cc: Tiorma Pooler
Dave Dirks
DCORNELL1441994.1 I WPl10422070
'.
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Govermnental 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 govermnental
body will meet at the date, time and place above set out. The tentative agenda for said
meeting is as follows:
Not to exceed $7,265,000 General Obligation Bonds.
. Resolution fixing date for a meeting on the proposition to issue.
Such additional matters as are set forth on the additional 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 govermnental body.
City Clerk, Dubuque, Iowa
,
,2005
session, in the
o'clock .M., on
, in the chair,
The City Council of Dubuque, Iowa, met in
Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at
the above date. There were present Mayor
and the following named Council Members:
Absent:
*******
-]-
.
Council Member Markham introduced the following Resolution
entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION
OF THE ISSUANCE OF NOT TO EXCEED $7,265,000 GENERAL OBLIGATION
BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF DUBUQUE, IOWA, AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same
be adopted. Council Member Connors seconded the motion to adopt.
The roll was called and the vote was,
AYES: Buol, Connors, Duggan, Markham,
Michalski, Nicholson
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
RESOLUTION NO. 59-05
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED
$7,265,000 GENERAL OBLIGATION BONDS (FOR
ESSENTIAL CORPORATE PURPOSES) OF DUBUQUE,
IOWA, AND PROVIDING FOR PUBLICATION OF
NOT~CE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa,
should issue General Obligation Bonds to the amount of not to exceed $7,265,000, as
authorized by Section 403.12 of the City Code of Iowa, for the purpose of providing
funds to pay costs of carrying out essential corporate purpose projects as hereinafter
described; and
WHEREAS, before said Bonds may be issued, it is necessary to comply with the
provisions of said Code, and to publish a notice of the proposal to issue such Bonds and
of the time and place of the meeting at which the Council proposes to take action for the
issuance of the Bonds and the right to petition for an election and to receive oral and/or
written objections from any resident or property owner of said City to such action.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section I. That this Council meet in the Council Chambers, City Hall, Dubuque,
Iowa, at 6: 30 o'clock .R....M., on the 7th day of March ,2005, for
the purpose of taking action on the matter of the issuance of not to exceed $7,265,000
General Obligation Bonds for essential corporate purposes of said City, the proceeds of
which bonds will be used to provide funds to pay costs of aiding in the planning,
undertaking and carrying out of urban renewal project activities under the authority of
Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for
the Dubuque Industrial Center Economic Development District, including those costs
associated with grading and construction of the former 152 acre Bergfeld farm property
of said urban renewal area, the construction of street improvements to connect the east
and west sections of Chavenelle Road and related water and sewer improvements to serve
the developed areas and property to the north, the construction of public trails throughout
the district, and retaining wall around the pond in the Bergfeld Recreation Area and the
construction of other public amenities in the Bergfeld Recreation Area, including
restrooms, fishing pier, play equipment and lighting improvements.
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 bonds.
I
Section 3. The notice of the proposed action to issue said bonds shall be in
substantially the following form:
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NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED
ISSUANCE OF NOT TO EXCEED $7,265,000 GENERAL
OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES)
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 7th day of March ,2005, at
6: 30 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
not to exceed $7,265,000 General Obligation Bonds for essential corporate 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 the authority of Chapter 403 of the
Code of Iowa and the Amended and Restated Urban Renewal Plan for the Dubuque
Industrial Center Economic Development District, including those costs associated with
grading and construction of the former 152 acre Bergfeld farm property of said urban
renewal area, the construction of street improvements to connect the east and west
sections of Chavenelle Road and related water and sewer improvements to serve the
developed areas and property to the north, the construction of public trails throughout the
district, and retaining wall around the pond in the Bergfeld Recreation Area and the
construction of other public amenities in the Bergfeld Recreation Area, including
restrooms, fishing pier, play equipment and lighting improvements.
At the above meeting the Council shall receive oral or written objections from any
resident or property owner of said City to the above action. After all objections have been
received and considered, the Council will at this meeting or at any adjourmnent thereof,
take additional action for the issuance of said Bonds or will abandon the proposal to issue
said bonds.
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 Sections 403.12 and 384.24(3)(q) of the City Code ofIowa.
This notice is given by order of the Council of Dubuque, Iowa, as provided by
Sections 403.12 and 384.24(3)(q) of the City Code ofIowa.
February ,2005.
~4~/f~~;a)
ity Clerk of Dubuque, Iowa
Dated this 23 r d day of
(End of Notice)
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,
PASSED AND APPROVED this 21st day of
February
2005.
Terrance M. Duggan, Mayor
ATTEST:
Jeanne F. Schneider, City Clerk
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".
,
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 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 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 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\441971.1 \ WP\ I 04222070
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