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Stormwater Project G.O. Bond Issue 1,750,000 Dii~%duE ~ck~ 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 $1,750,000 in General Obligation Bonds to support stormwater projects which were included in the adopted Fiscal Year 2005 CIP budget. Although the City is selling General Obligation Bonds to support the project, repayment of the debt will be from stormwater utility fees. I concur with the recommendation and respectfully request Mayor and City Council approval. /11.1J{ (il~ el C. Van Milligen If 1,' ,'..,,; Mich -. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Kenneth J. TeKippe, Finance Director . 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V; ~ 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 stormwater projects which were included in the adopted FY'05 CIP budget. Although we are selling General Obligation Bonds to support the project, repayment of the debt will be from stormwater utility fees. 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 $1,750,000 in General Obligation Bonds (for an essential corporate purpose) of Dubuque, Iowa and providing for publication of notice, 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 515-243-7611 FAX. 515-263-2149 WWW.AHLERSLAW.COM WILLIAM J. NOTH WNDTH@AHLERSLAW.COM Direct Dial: (515)245-0332 January 14,2005 Mr. Ken TeKippe Finance Officer City of Dubuque 50 West 13th Street Dubuque, Iowa 52001-4864 RE: Not to exceed $1,750,000 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 Section 384.24 and 384.25. 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 four clear days nor more than twenty davs 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 & BAILY - 1888, GUERNSEY & 8.6JlY - 1893, BAILY & STIPP - 1901: STIPP. PERRY. BANNISTER & STARZINGER - 1914, BANNISTER. CARPENTER. AHLERS & COONEY - 1950, AHLERS. CoONEY. CORWEllER. ALLBEE, HAYNrE & SMITH - 1974; AHLERS. COONEY. CORWEILER, HAYNie. SMlni & ALLBEE. P.C. _ 1990 . " January 14,2005 Page 2 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 adjoumment 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: Dave Dirks (w/encl.) Barry Lindahl (w/encl.) DCORNELL\438650.1 I WPI! 0422070 , .. 'i. .<~~' ;; i . I i' ',. ,~,--..L (-"',. ," I . (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 GNEN that the above mentioned governrnental body will meet at the date, tirne and place above set out. The tentative agenda for said meeting is as follows: Not to exceed $1,750,000 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 ofthe 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: ******* -1- Council Member Markham introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $1,750,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) 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. 61-05 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $1,750,000 GENERAL OBLIGATION BONDS (FORAN ESSENTIAL CORPORATE PURPOSE) OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTJCE 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 $1,750,000, as authorized by Section 384.25, of the City Code ofIowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project 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 to receive oral and/or written objections from any resident or property owner of said City to such action. -2- ; , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at 6: 30 o'clock~.M., on the 7th day of March ,2005, for the purpose of taking action on the matter of the issuance of not to exceed $1,750,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of the acquisition, construction, and installation of stormwater and storm sewer utility facilities and improvements, including the 32nd Street Detention Basin land acquisition, stormwater ditch remediation, NPDES compliance activities, and other storm sewer, stream bank and detention basin 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 four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds 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 NOT TO EXCEED $1,750,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council ofthe 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 $1,750,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of the acquisition, construction, and installation of stormwater and storm sewer utility facilities and improvements, including the 32nd Street Detention Basin land acquisition, stormwater ditch remediation, NPDES compliance activities, and other storm sewer, stream bank and detention basin 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 adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Dubuque, Iowa, as provided by Section 384.25 of the City Code ofIowa. Dated this 23rd day of February ,2005. Y,t'..{'/ ity Clerk of Dubuque, Iowa (End of Notice) -4- " PASSED AND APPROVED this 21st day of February 2005, ATTEST: /1~4A/ r,~/.aJ U;~lerk -5- . . 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 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 DCORNELL\438651.! \WP\! 0422070 -6- r.. t < " ~ i I ,_, '.1......... 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 of Iowa, 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 NOT TO EXCEED $1,750,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) 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) DCORNELL\438652.1\WP\10422070