G.O. Bonds 7,265,000 Bergfeld Farm improvements
D~~~E
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MEMORANDUM
March 1, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Proceedings for Public Hearing on the Issuance of General Obligation
Bonds
Finance Director Ken TeKippe recommends that the City Council approve 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. These bonds will be retired with Tax Increment Financing Revenues.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
}l!( ) (/
i k (/1;1 (~'__,
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Kenneth J. TeKippe, Finance Director
j
:: '
'.
.
D~~~JE
~~~
Memorandum
TO: Michael C. Van Milligen, City Manager
FROM:
Kenneth J. TeKippe, Finance Director ~;, v~I-/<O-
SUBJECT: Proceedings for Public Hearing on the Issuance of
General Obligation Bonds
DATE:
March 1, 2005
The purpose of this memorandum is to provide the suggested proceedings for the public
hearing on the issuance of General Obligation Bonds supporting 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 as 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 $7,265,000 General Obligation Bonds."
The proceedings have been prepared on the basis that no petitions for an election or
objections will be filed with the City Clerk. If there are petitions filed calling for an
election on the proposal, further action on the proposal should be adjourned to a
specific date and time, at which point the Council will need to determine whether to call
for a special election on the bond proposal or else abandon the same. If there are
objections, we will need to summarize them. The Mayor will then declare the hearing on
the issuance of said Bonds to be closed. Immediately following, a resolution is to be
introduced and adopted entitled "Resolution Instituting Proceedings to Take Additional
Action for the Issuance of Not to Exceed $7,265,000 General Obligation Bonds."
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. In this event, a
motion needs to be adopted to the effect that such Bond proposal is abandoned.
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.
Bond Counsel William Noth has also prepared suggested proceedings to direct the
advertisement of Bonds for sale, in the principal amount of $7,265,000 and to approve
the form of Notice of Bond Sale (attached). 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. Under the schedule
proposed, these proceedings should be considered following the public hearings and
adoption of the resolutions taking additional action, with the sale date set for March 21,
2005.
KT/jg
Attachments
cc: Barry Lindahl, Corporation Counsel
Dawn Lang, Budget Director
Jeanne Schneider, City Clerk
" j
I
,
.. '.'=0
(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:
Not to exceed $7,265,000 General Obligation Bonds.
. Public hearing on the issuance.
. Resolution instituting proceedings to take additional action.
Such additional m~tters 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
Carnegie-Stout Public Library, Dubuque, Iowa, at
date. There were present Mayor
following named Council Members:
session, in the Auditorium,
o'clock _.M., on the above
, in the chair, and the
Absent:
*******
-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 $7,265,000 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 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, essential corporate
purposes, and that notice of the proposed action by the Council to institute proceedings
for the issuance of said bonds, and the right to petition for an election, had been published
pursuant to the provisions of Sections 403.12 and 384.24(3)(q) of the Code ofIowa.
The Mayor then asked the Clerk whether any written objections had been filed by
any City resident or property owner to the issuance of said bonds and whether any such
petition had been filed, requesting that the question of issuing said bonds be submitted to
the qualified electors of the City. The Clerk advised the Mayor and the Council that no
such petition had been filed and that written objections had been filed. The
Mayor then called for oral objections to the issuance of said bonds and 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-
. .
The Council then considered the proposed action and the extent of objections
thereto.
Whereupon, Council Member 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 $7,265,000 GENERAL OBLIGATION BONDS", and moved:
D that the Resolution be adopted.
D 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 , 2005, at this
place.
Council Member
called and the vote was,
seconded the motion. The roll was
AYES:
NAYS:
Whereupon, the Mayor declared the measure duly adopted.
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE OF NOT
TO EXCEED $7,265,000 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 $7,265,000 General Obligation Bonds for essential corporate purposes of
paying 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
-3-
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 restroorns, fishing pier, play equipment and
lighting improvements, and no petition was filed calling for a referendum thereon, and
this Council has considered the extent of objections received from residents or property
owners as to said 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 I. 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
$7,265,000 General Obligation Bonds for the foregoing essential corporate purposes.
Section 2. The Clerk and Finance Director are authorized and directed to proceed
on behalf of the City with the sale of said Bonds, to select a date for the sale thereof, to
cause to be prepared such notice and sale information as may appear appropriate, to
publish and distribute the same on behalf of the City and this Council and otherwise to
take all action necessary to permit the sale of said Bonds on a basis favorable to the City
and acceptable to the Council.
PASSED AND APPROVED this
day of
2005.
Mayor
ATTEST:
City Clerk
-4-
. .
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\442522.1 \ WP\I 0422070
-5-
. .
{--
(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:
$1,750,000 General Obligation Bonds, Series 2005A
$4,270,000 General Obligation Urban Renewal Bonds, Series 2005B
$2,995,000 General Obligation Urban Renewal Bonds, Taxable Series 2005C
.
Resolution directing the advertisement of Bonds for sale and approving
electronic bidding procedures.
I
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
the above date. There were present Mayor
following named Council Members:
session, in the
o'clock _.M., on
, in the chair, and the
Absent:
********
-1-
. .
Council Member introduced the following Resolution
entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF
GENERAL OBLIGATION BONDS, SERIES 2005A, SERIES 2005B AND TAXABLE
SERIES 2005C, IN THE AGGREGATE PRINCIPAL AMOUNT OF $9,015,000, AND
APPROVING ELECTRONIC BIDDING PROCEDURES" and moved its adoption.
Council Member seconded the Resolution to adopt. The roll was
called and the vote was,
AYES:
NAYS:
Whereupon, the Mayor declared the resolution duly adopted as follows:
RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF
GENERAL OBLIGATION BONDS, SERIES 2005A, SERIES 2005B
AND TAXABLE SERIES 2005C, IN THE AGGREGATE PRINCIPAL
AMOUNT OF $9,015,000, AND APPROVING ELECTRONIC BIDDING
PROCEDURES
I
WHEREAS, the City of Dubuque, Iowa, is in need of 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, an essential corporate purpose project,
and it is deemed necessary and advisable that the City issue general obligation bonds for
said purpose to the amount of not to exceed $1,750,000 as authorized by Section 384.25
of the City Code ofIowa; and
WHEREAS, pursuant to notice published as required by Section 384.25 this
Council has held a public meeting and hearing upon the proposal to institute proceedings
for the issuance of the above described Bonds, and all objections, if any, to such Council
action made by any resident or property owner of said City were received and considered
by the Council; and it is the decision of the Council that additional action be taken for the
-2-
issuance of said Bonds, and that such action is considered to be in the best interests of
said City and the residents thereof; and
WHEREAS, the City also is in need of 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 Urban Renewal Plan for the Greater
Downtown Urban Renewal District, including those costs associated with the
rehabilitation of the historic Dubuque Star Brewery Building and its redevelopment for
retail commercial entertainment purposes, and the funding of grants to private developers
for such purposes, essential corporate purpose projects, and it is deemed necessary and
advisable that the City issue general obligation bonds for said purpose to the amount of
not to exceed $1,150,000 as authorized by Sections 403.12 and 384.24(3)(q) of the Code
ofIowa; and
WHEREAS, pursuant to notice published as required by Sections 403.12 and
384.24(3)(q) this Council has held a public meeting and hearing upon the proposal to
institute proceedings for the issuance of the above described Bonds, and no petitions were
filed calling for an election thereon and all objections, if any, to such Council action made
by any resident or property owner of said City were received and considered by the
Council; and it is the decision of the Council that additional action be taken for the
issuance of said Bonds, and that such action is considered to be in the best interests of
said City and the residents thereof; and
WHEREAS, the City also is in need of 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, essential corporate purpose projects, and it is deemed necessary and
advisable that the City issue general obligation bonds for said purpose to the amount of
not to exceed $7,265,000 as authorized by Sections 403.12 and 384.24(3)(q) of the Code
ofIowa; and
-3-
WHEREAS, pursuant to notice published as required by Sections 403.12 and
384.24(3)(q) this Council has held a public meeting and hearing upon the proposal to
institute proceedings for the issuance of the above described Bonds, and no petitions were
filed calling for an election thereon and all objections, if any, to such Council action made
by any resident or property owner of said City were received and considered by the
Council; and it is the decision of the Council that additional action be taken for the
issuance of said Bonds, and that such action is considered to be in the best interests of
said City and the residents thereof; and
WHEREAS, the Council has received information from its Financial Consultant
recommending the procedure hereinafter described for electronic, facsimile and internet
bidding to maintain the integrity and security of the competitive bidding process and to
facilitate the delivery of bids by interested parties; and
WHEREAS, the Council deems it in the best interests of the City and the residents
thereof to receive bids to purchase such Bonds by means of both sealed and electronic
internet communication.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section I. That the receipt of electronic bids by facsimile machine and through the
P ARITY@ competitive bidding system described in the Notice of Sale are hereby found
and determined to provide reasonable security and to maintain the integrity of the
competitive biddin~ process, and to facilitate the delivery of bids by interested parties in
connection with the offering of the Bonds hereinafter described at public sale.
Section 2. That the Clerk is hereby directed to publish notice of sale of said Bonds
at least once, the last one of which shall be not less than four clear days nor more than
twenty days before the date of the sale. Publication shall be made in the Telegraph
Herald, a legal newspaper, printed wholly in the English language, published within the
county in which the Bonds are to be offered for sale or an adjacent county. Said notice is
given pursuant to Chapter 75 of the Code ofIowa, and shall state that this Council, on the
21st day of March, 2005, at 6:30 o'clock P.M., will hold a meeting to receive and act upon
bids for said Bonds; said notice to be in substantially the following form:
-4-
NOTICE OF BOND SALE
Time and Place of Sealed Bids: Sealed bids for the sale of Bonds of the City of
Dubuque, Iowa, will be received at the office of the Finance Director, City Hall, 50 West
13th Street, in the City of Dubuque, Iowa (the "Issuer") at 11:00 o'clock A.M., on the 21st
day of March, 2005. The bids will then be publicly opened and referred for action to the
meeting of the City Council in conformity with the terms of offering.
Sale and A ward: The sale and award of the Bonds will be held at the Auditorium,
Carnegie-Stout Public Library, Dubuque, Iowa, at a meeting of the City Council on the
above date at 6:30 o'clock P.M.
The Bonds: The Bonds to be offered are the following:
GENERAL OBLIGATION BONDS, SERIES 2005A, in the
amount of $ 1,750,000, to be dated the date of delivery.
GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES
2005B, in the amount of $4,270,000, to be dated the date of delivery.
GENERAL OBLIGATION URBAN RENEWAL BONDS, TAXABLE
SERIES 2005C, in the amount of $2,995,000, to be dated the date of
delivery.
(together, the "Bonds")
Manner of Bidding: Open bids will not be received. Bids for each series of the
Bonds will be received in any of the following methods:
. Sealed Bidding: Sealed bids may be submitted and will be received at the
office of the Finance Director, Dubuque, Iowa
. Electronic Internet Bidding:: Electronic internet bids will be received at the
office of the Finance Director, Dubuque, Iowa. The bids must be submitted
through the P ARITY@ competitive bidding system.
. Electronic Facsimile Bidding: Electronic facsimile bids will be received at
the office of the Finance Director, Dubuque, Iowa (facsimile number:
563/589-0890). Electronic facsimile bids will be sealed and treated as
sealed bids.
-5-
Consideration of Bids: After the time for receipt of bids has passed, the close of
sealed bids will be announced. Sealed bids will then be publicly opened and announced.
Finally, electronic internet bids will be accessed and announced.
Official Statement: The Issuer has issued an Official Statement of information
pertaining to the Bonds to be offered, including a statement of the Terms of Offering and
an Official Bid Form for each series, which is incorporated by reference as a part of this
notice. The Official Statement may be obtained by request addressed to the City Clerk,
50 W. 13th Street, Dubuque, Iowa 52001 (telephone: 563/589-4100) or the financial
advisor to the City, Public Financial Management, Inc., 2600 Grand Avenue, Des Moines,
Iowa 50312 (telephone: 515/243-2600).
Terms of Offering: All bids shall be in conformity with and the sale shall be in
accord with the Terms of Offering as set forth in the Official Statement.
Legal Opinion: Said Bonds will be sold subject to the opinion of Ahlers &
Cooney, P.C., Attorneys of Des Moines, Iowa, as to the legality and their opinion will be
furnished together with the printed Bonds without cost to the purchaser and all bids will
be so conditioned. Except to the extent necessary to issue their opinion as to the legality
of the Bonds, the attorneys will not examine or review or express any opinion with
respect to the accuracy or completeness of documents, materials or statements made or
furnished in connection with the sale, issuance or marketing of the Bonds.
Rights Reserved: The right is reserved to reject any or all bids, and to waive any
irregularities as deemed to be in the best interests of the public.
By order of the City Council of the City of Dubuque, Iowa.
City Clerk of the City of Dubuque, Iowa
(End of Notice)
-6-
.
ATTEST:
PASSED AND APPROVED this
day of
,2005.
Mayor
Clerk
-7-
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\439075.1 \ WPlI 0422070
-8-
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 ofIowa, and that as such Clerk and by full authority from the Council of
said City, I have caused a
NOTICE OF BOND SALE
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\439076.\ IWP\I0422070
,
.
D0~~E
~</k.~
MEMORANDUM
February 16,2005
TO:
FROM:
The Honorable Mayor and City Council Members
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.
.~
(fkJJW~/l2h
Michael C. Van Milligen -
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Kenneth J. TeKippe, Finance Director
7135 J
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Memorandum
FROM:
Michael C. Van Milligen, City Manager
Kenneth J TeKippe, Finance Director ~ f) (/'oIhft/r
TO:
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 actibn 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 515-243-7611
FAX, 515-243-2149
WWW.AHlERSLAW.COM
WilliAM J. NOTH
WNOTHOAHlERSLAW,COM
Oired 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 & 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. DORWEllER, HAYNIE. SMIDl &ALL8EE. P.C. - 1990
f.. ..
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
WIN :dc
encl.
cc: Tionna Pooler
Dave Dirks
DCORNELL1441994.1 I WPl10422070
,,-
!
\...
(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:
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 governmental 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 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 PUBLICA nON OF NOTICE THEREOF", 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 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,ICE 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. I 2 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.
-2-
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 o'clock _.M., on the day of , 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.
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 $7,265,000 GENERAL
OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES)
OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby grven 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
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 properl)( 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.
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.
Dated this
day of
,2005.
City Clerk of Dubuque, Iowa
(End of Notice)
-4-
PASSED AND APPROVED this day of
2005.
Mayor
ATTEST:
City Clerk
-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 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
DCORNELLI441971.1\ WPlI 04222070
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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 ofIowa, 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 $7,265,000 GENERAL
OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES)
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 Nbtice 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)
DCORNELLI441970.I\WPlI0422070