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General Obligation Bonds_$5M for Urban Renewal PurposesMasterpiece on the Mississippi Dubuque kittd All-America City I 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amended Proceedings to Set Public Hearing on the Issuance of Not to Exceed $5,000,000 General Obligation Urban Renewal Bonds for Greater Downtown Improvements DATE: November 18, 2011 Budget Director Jennifer Larson has amended the proceedings to set the public hearing on the issuance of not to exceed $5,000,000 General Obligation Urban Renewal Bonds for Greater Downtown Improvements to remove the acquisition of real property for public or private redevelopment. The amended documents are attached. MCVM /jml Attachments Michael C. Van Milligen cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jenny Larson, Budget Director Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Jennifer Larson, Budget Director Dubuque NI- America City 2007 SUBJECT: Amended Proceedings to Set Public Hearing on the Issuance of Not to Exceed $5,000,000 General Obligation Urban Renewal Bonds for Greater Downtown Improvements DATE: November 18, 2011 INTRODUCTION The purpose of this memorandum is to recommend the setting of a public hearing on the proposal to issue General Obligation Urban Renewal Bonds, the proceeds of which will be used to fund urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plans of the Greater Downtown Urban Renewal Area. A letter from attorney William Noth detailing information on the bond hearing is enclosed. The proceedings have been amended to remove the acquisition of real property for public or private redevelopment. DISCUSSION Of the bond amount: • $4,300,000 is intended to provide funds to pay costs associated with the construction of an intermodal transportation center. The City has received a State of Good Repairs grant for $8 million for the construction of the intermodal transportation center which has a 30% local match requirement ($3.4 million). The amount included in this borrowing for the intermodal transportation center is $900,000 more than the required local match due to including a 25% contingency in the project cost. In addition, the City has applied for a Transit Investments for Greenhouse Gas and Energy Reduction (TIGGER) grant, Bus Livability grant and Transportation Investment Generating Economic Recovery (TIGER) grant for the remaining cost of the intermodal transportation center. The intermodal transportation center will be a transit central hub for passenger rail, buses and taxis and provide a parking structure with 253 -300 parking stalls. The final design on the intermodal transportation center will be completed in early 2012, construction bids completed in the spring 2012, and start of construction in summer 2012 with completion in summer 2013. • $75,000 is intended to provide funds for bond issuance costs and AHLERS &COONEY, ReCEIVED 100 COURT AVENUE, SUITE 600 11G'� ► 5 P ►� ` ► DES MOINES, IOWA 50309 -2231 PHONE: 515 - 243 -7611 FAX: 515-243-2149 Clerks Office WWW.AHLERSLAW.COM City it }`/ William J. Noth wnotheahlerstaw.com November 14, 2011 Mr. Ken TeKippe Finance Director City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 -4864 Dubuque, IA Re: Not to exceed $5,000,000 General Obligation Bonds Dear Mr. TeKippe: Direct Dial: (5151246 -0332 We have now prepared and are enclosing 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 384.24(3)(q) and 403.12. 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 the public meeting on the issuance of 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. At any time before the date of the hearing, a petition may be filed with the Clerk requesting that the issuance of the Bonds 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). The Council is required by statute to adopt the resolution instituting proceedings to issue the Bonds at the hearing - -or an adjournment thereof. WISHARO & 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, DORWEILER, HAYNIE SMITH & ALLBEE. P.0 - 1990 November 14, 2011 Page 2 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. 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. Very truly yours, William J. Noth WJN:dc encl. cc: Jenny Larson (w /encl.) 00825892- 1\10422 -130 JGllN'AL (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of the City of Dubuque, Iowa. Date of Meeting: November 21 , 2011. Time .of Meeting: 6:30 o'clock p .M. Place of Meeting: Historic Federal Building, 350 West 6th Street, 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 the meeting is as follows: Not to exceed $5,000,000 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 the governmental body. Cit Clerk, City of Dubuque, Iowa ,2011 November 21 The City Council of the City of Dubuque, Iowa, met in Regular session, in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the above date. There were present Mayor Roy D. Buol , in the chair, and the following named Council Members: Karla Braig, Joyce Connors, Ric JnnPs Kevin Lynch, David Resnick, Lynn Sutton Absent: 1 Council Member Lynch introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $5,000,000 GENERAL OBLIGATION BONDS (FOR URBAN RENEWAL PURPOSES) OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF ", and moved that the same be adopted. Council Member Connors seconded the motion to adopt. The roll was called and the vote was, AYES: Sutton, Braig, Buol, Connors NAYS: Jones, Lynch, Resnick Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 387 -11 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $5,000,000 GENERAL OBLIGATION BONDS (FOR URBAN . RENEWAL PURPOSES) OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE 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 $5,000,000, as authorized by Sections 384.24(3)(q) and 403.12, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out the urban renewal projects as hereinafter described; and WHEREAS, before the Bonds may be issued, it is necessary to comply with the provisions of the Code, and to publish a notice of the proposal to issue such Bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the Bonds and to receive oral and /or written objections from any resident or property owner of the City to such action, and to publish a notice of the proposal to issue such Bonds and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 2 Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6 : 30 o'clock P .M., on the 5th day of December , 2011, for the purpose of taking action on the matter of the issuance of not to exceed $5,000,000 General Obligation Bonds, for urban renewal purposes of the 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 Greater Downtown Urban Renewal District, including those costs associated with the construction of an intermodal transportation center. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than ten clear days before the date of the public meeting on the issuance of the Bonds. Section 3. The notice of the proposed action to issue the Bonds shall be in substantially the following form: 3 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $5,000,000 GENERAL OBLIGATION BONDS (FOR URBAN RENEWAL PURPOSES) OF THE CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City of Dubuque, Iowa, will hold a public hearing on the 5th day of December , 2011, at 6:30 o'clock P .M., in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $5,000,000 General Obligation Bonds, for urban renewal 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 Greater Downtown Urban Renewal District, including those costs associated with the construction of an intermodal transportation center. At any time before the date of the meeting, a petition, asking that the question of issuing such Bonds be submitted to the legal voters of the City, may be filed with the City Clerk of the City in the manner provided by Section 362.4 of the Code of Iowa, pursuant to the provisions of Section 384.24(3)(q) of the Code of Iowa. This notice is given by order of the City Council of the City of Dubuque, Iowa, as provided by Section 384.24(3)(q) and 403.12 of the City Code of Iowa. Dated this 23rd day of Novemer , 2011. V / / w, 07i)10MI City C erk, City of Dubuque, Iowa (End of Notice) PASSED AND APPROVED this 21st day of November , 2011. ATTEST: z ® City Cl rk 5 Mayor STATE OF IOWA COUNTY OF DUBUQUE CERTIFICATE ) SS I, the undersigned City Clerk of the City of Dubuque, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the City showing proceedings of the City Council, and the same is a true and complete copy of the action taken by the Council with respect to the 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 the 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 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 the 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 the City hereto affixed this December , 2011. (SEAL) 0082589571V0422-130!. J 1� 1st City Cle c, ity of Dubuque, Iowa day of CERTIFICATE 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 the City, I have caused a NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $5,000,000 GENERAL OBLIGATION BONDS OF THE CITY OF DUBUQUE, 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 the Notice was published in all of the issues thereof published and circulated on the following date: November 23 , 2011. WITNESS my official signature at Dubuque, Iowa, this 1st day of December ,2011. 00825895 -1 \10422 -130 rl- City Cle k, City of Dubuque, Iowa A L NOTICE OFWEWTING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROEQSED.ISSUANCE OF °HOT TO 'WEED $5;000,00oGENERAL OBLIGATION BONDS FOR U . PURR � 1pNE cifr, AND THE" HEARING ON THE ISSUANCETHEREOF PUBLIC NOTICE is hereby given that the City of Dubuque, Iowa, will hold a public hearing on the Sth day of Decentber,,20).1, at 630 o'clock P.M., in the Hjsto "ric Federal Building, 350. West 6th Street, Dubuque, Iowa, at -which meeting the Council- proposes, take ad'ditione a4tion ,fdr the issuance -of not -to exceed $5,000,000 Generat Obligation Bondb: `fo'r ',Urban, Renewal Purposes of said ,City, in order to provide: funds to pay costs of aiding in the planning, undertaking .and.: cargring out. ,of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated , Renewal. lan' for the Greater Downtown Urban Renewaj,Diistrict, including those cdsts associated with the construction of an intermodal transpor- tation center,. and the acquisition of real property for public or private redevelopment. At airytune before the date of the meeting, a petition, asking that the question of issuing such Bonds be submitted to the 'legal. voters of the City, may be filed with the City Clerk of the City in the manner provided by Section 362:4 of the Code of Iowa,, pursuant to the prow ion e, of Section' 384.243W. of the Cod. of, Iowa. This notice igivenby:I order of 'the Council of the City-'of Dubuque, Iowa, as 384.24(3)(q) and 403.12 of the City Code of Iowa. Dated this 23rd day of November, 2011. Kevin S. Firnstahl,. City Clerk, City of Dubuque, Iowa," It 11/23 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: November 23, 2011, and for which the charge is $23.46. Subscribed to before this day of (:)42-e a Notary Public ip and for Dubuque County, Iowa, � ,20// . otary Public in and for Dubuque County, Iowa. MARY K, WESTERMEYER j Number 154',5 Commisslnn 4,