G.O. Bonds 1,150,000 Star Brewery Bldg redevelopment
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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 $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.
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Mic ael 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: 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.
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Attachments
cc: Barry Lindahl, Corporation Counsel
Dawn Lang, Budget Director
Jeanne Schneider, City Clerk
. .
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(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
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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
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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 $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
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"3 h /05
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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
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(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
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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