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G.O. Bonds 1,150,000 Star Brewery Bldg redevelopment D~~~E ~<k~ 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 $1,150,000 in General Obligation Bonds to support rehabilitation and redevelopment of the historic Dubuque Star Brewery Building. These bonds will be retired with Tax Incrementing Financing revenues. I concur with the recommendation and respectfully request Mayor and City Council approval. /)1 i : 1// /}J ~: tL~ ,l1) Ill,,--, Mic ael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Kenneth J. TeKippe, Finance Director ( " c. DU"~~E ~c/k.~ Memorandum TO: Michael C. Van Milligen, City Manager FROM: Kenneth J. TeKippe, Finance Director ~;.-. (/Ij 1~ 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 to support rehabilitation and redevelopment of the historic Dubuque Star Brewery Building 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 $1,150,000 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 $1,150,000 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. KT/jg Attachments cc: Barry Lindahl, Corporation Counsel Dawn Lang, Budget Director Jeanne Schneider, City Clerk . . I ',L (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 $1,150,000 General Obligation Bonds. . Public hearing on the issuance. . Resolution instituting proceedings to take additional action. Such additional matters as are set forth on the additional page(s) attached hereto. I (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 $1,150,000 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 ofIowa 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 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 of Iowa. 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 $1,150,000 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 $1,150,000 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 $1,150,000 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 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 -3- 1 redevelopment for retail commercial entertainment purposes, and the funding of grants to private developers for such purposes, 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 1. 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 $1,150,000 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- . . t 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\442523. ) \ WPlI0422070 -5- . . D~~~E ~<k.~ 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 $1,150,000 in General Obligation Bonds to support rehabilitation and redevelopment of the historic Dubuque Star Brewery Building. I concur with the recommendation and respectfully request Mayor and City Council approval. /YLJ/ ~J11JA Michael C. Van Milligen - MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Kenneth J. TeKippe, Finance Director ;/J5 "3 "3 h /05 ~B~E ~<Ik-~ Memorandum TO: Michael C. Van Milligen, City Manager FROM: Kenneth J TeKippe, Finance Director 1~ /). U ~ 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 rehabilitation and redevelopment of the historic Dubuque Star Brewery Building. 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 $1,150,000 in General Obligation Bonds (for an essential corporate purpose) of Dubuque, Iowa ancj providing for publication of notice. The proposal to issue bonds is subject to a ten day reverse referendum. The City will not be selling the bonds at this time. 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 OES MOINES. IOWA 50309-2231 PHONE 515-2'3-7611 FAX, 515-2~-21 '9 WWW.AHlERSLAW.COM WilLIAM J. NOTH WNOTHClAHlERSLAW.COM Oired Dial: (515)2i>6-0332 February 15,2005 Mr. Ken TeKippe Finance Officer City of Dubuque 50 West 13th Street Dubuque, Iowa 52001-4864 RE: Not to exceed $1,150,000 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 & BAlLY - 1888, GUERNSEY & BAILY - 1893; BAilY & STlPP - 1901; STIPP. PERRY, BANNISTER & STARZINGER - 1914; BANNISTER. CARPENTER, AHLERS & CooNEY-1950; AHLERS. CoONEY. DORWEILER. ALLBEE, HAYNIE & SMITH - 1974, AHLERS. COONEY, DORWEILER, HAYNIE. SMITH &A1.lBEE. 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 adj ournment 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: Tionna Pooler Dave Dirks DCORNELl1441996.1 I WPIl 0422070 . .'\. L ," \. ~,-.. (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 $1,150,000 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 .DA TE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $1,150,000 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 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 $1,150,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF I 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 $1,150,000, as authorized by Section 403.12 of the Code oflowa, 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 RESOL YED 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 $1,150,000 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 ofIowa 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. 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 $1,150,000 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 day of . 2005, at o'clock _.M., in the Auditorium, Camegie-Stout Public Library, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $1,150,000 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 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. 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. At any time before the date of said meeting, a petition, asking that the question of issuing such Bond~ 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 2005. ATTEST: City Clerk day of Mayor -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 DCORNELLI44 J 967. JI WPlI0422070 -6- n . , .....-... ", ! I, .\ i,_~. 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, lOW A, ON THE MA TIER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $1,150,000 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) DCORNELL\441969.11 WPlI0422070