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General Obligation Bonds $9MMasterpiece on the Mississippi November 28, 2011 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque kard All-America City 2007 SUBJECT: Proceedings for Public Hearing on the Issuance of Not to Exceed $9,000,000 General Obligation Bonds Budget Director Jennifer Larson is recommending City Council approval of the suggested proceedings for the public hearing on the issuance of General Obligation Bonds and approval of a "Resolution Instituting Proceedings to Take Additional Action for the Issuance of Not to Exceed $9,000,000 General Obligation Bonds." The proceeds of which will be used to pay costs of street improvements related to East 7th and Commercial Street reconstruction and related improvements, two -way street traffic conversion from 9th to 11th Streets, Historic Millwork District "complete streets" improvements and the refunding and refinancing of the General Obligation Capital Loan Notes, Series 2010F, dated September 20, 2010. Although the City is selling General Obligation Bonds to support the projects, repayments of the debt will be from tax increment revenues of the Greater Downtown Urban Renewal Area. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM /jml Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jennifer Larson, Budget Director Kenneth TeKippe, Finance Director Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Jennifer Larson, Budget Director Dubuque kard All-America City 2007 SUBJECT: Proceedings for Public Hearing on the Issuance of Not to Exceed $9,000,000 General Obligation Bonds DATE: November 28, 2011 INTRODUCTION The purpose of this memorandum is to provide the suggested proceedings for the public hearing on the issuance of General Obligation Bonds 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 $9,000,000 General Obligation Bonds." The proceeds of the Bonds will be used for essential corporate purposes of the City. A letter from attorney William Noth detailing information on the bond hearing is enclosed. DISCUSSION Of the bond amount: • $3,400,000 is intended to provide funds to pay costs of street improvements related to East 7th and Commercial Street reconstruction and related improvements. The East 7th Street and Commercial Street reconstruction is a $4.1 million project, with $680,892 paid through a State of Iowa Department of Transportation Revitalize Iowa's Sound Economy (RISE) grant. This will connect downtown Dubuque to the Historic Millwork District and the Port of Dubuque with a connection from the railroad underpass near the Shot Tower on the east to near the Iowa Street parking ramp on the west. • $1,725,000 is intended to provide funds to pay costs of two -way street traffic conversion from 9th to 11th Streets. Converting the streets to two -way from 9th to 11th Streets will better accommodate all modes of transportation including pedestrians, bicycles and buses, allow for greater vehicular access to businesses that locate in the Historic Millwork District and strengthen transportation connections to the Central Business District. • $350,000 is intended to provide funds to pay overages of Historic Millwork District "complete streets" improvements caused by additional work needing to be performed on 9th and 10th Streets due to the street pavement being in very poor condition. • $1,950,000 is intended to provide funds for the refunding and refinancing of the General Obligation Capital Loan Notes, Series 2010F, dated September 20, 2010 which were issued as a short -term borrowing for the construction of the bridges of Lower Bee Branch. • $75,000 is intended to provide funds for bond issuance costs and • $1,500,000 to be a contingency for fluctuations in the bond market for interest rates, bond issuance costs and change in project costs. Although the City is selling General Obligation Bonds to support the projects, repayments of the debt will be from tax increment revenues of the Greater Downtown Urban Renewal Area. The proceedings are prepared to show as a first step the receipt of any oral or written objections from any resident or property owner to the proposed action of the Council to issue the Bonds. A summary of objections received or made, if any, should be attached to the proceedings. After all objections have been received and considered if the Council decides not to abandon the proposal to issue the Bonds, a form of resolution follows that should be introduced and adopted, entitled "Resolution Instituting Proceedings to Take Additional Action for the Issuance of not to exceed $9,000,000 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. RECOMMENDATION I respectfully recommend the adoption of the enclosed resolution instituting the proceedings to take additional action. JML Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Kenneth TeKippe, Finance Director AHLERS &COONEY, P.C. 100 COURT AVENUE, SUITE 600 DES MOINES, IOWA 50309 -2231 PHONE: 515- 243 -7611 FAX: 515- 243 -2149 VWWV.AH LERSLAW. COM William J. Noth wnoth @ahlerslaw.com November 28, 2011 Ms. Jenny Larson Budget Director City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 RE: Not to exceed $9,000,000 General Obligation Bonds Dear Ms. Larson: Direct Dial: (515)246 -0332 We enclose suggested proceedings to be acted upon by the Council on the date fixed for the hearing on the issuance of the above mentioned Bonds, pursuant to the provisions of Code Section 384.25. A certificate to attest the proceedings is also enclosed. The proceedings are prepared to show as a first step the receipt of any oral or written objections from any resident or property owner to the proposed action of the Council to issue the Bonds. A summary of objections received or made, if any, should be attached to the proceedings. After all objections have been received and considered if the Council decides not to abandon the proposal to issue the Bonds, a form of resolution follows that should be introduced and adopted, entitled "Resolution Instituting Proceedings to Take Additional Action for the Issuance of not to exceed $9,000,000 General Obligation Bonds." The Council is required by statute to adopt the resolution instituting proceedings to issue the Bonds at the hearing -- or an adjournment thereof. If necessary to adjourn, the minutes are written to accommodate that action. 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. We would suggest that, in this event, a motion merely be adopted to the effect that such bond proposal is abandoned. WISHARD & BAILY - 1888; GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, November 28, 2011 Page 2 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. In the event an appeal is filed by any resident or property owner, please see that we are notified immediately; and, as soon as available, a copy of the notice of appeal should be furnished our office for review. Also enclosed is an extra copy of the proceedings to be filled in as the original and certified back to this office. If you have any questions pertaining to the proceedings enclosed or this letter, please do not hesitate to either write or call. Very truly yours, William J. Noth WJN:de encl. cc: Ken TeKippe (w /encl.) Tionna Pooler (w /encl.) 00827345 - 1110422 -130 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $9,000,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL CORPORATE, PURPOSES) OF THE CRY, 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 Build- ing, 350 West 6th Street, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $9,000,000 General Obligation Bonds. for essential . corporate purposes of said City, in order to provide funds to pay costs of the con- struction, reconstruc- tion and repair of street, sidewalk and streetscape improve- ments, including those costs associated with the East 7th and Commercial Street reconstruction and related improvements, two -way street traffic conversions, and His- toric Millwork District "complete streets" improvements, and the refunding and refinancing of the General Obligation Capital Loan Notes, Series 2010F, dated September 20, 2010. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the 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 Bonds or will abandon the proposal to issue Bonds. This notice is given by order of the City Council of the City of Dubuque, , State of Iowa, as provided by Section 384.25 of the City Code of 'Iowa. Dated this 25th day of November, 2011. Kevin S. Firnstahl, City Clerk, City of Dubuque, Iowa It 11/25 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 25, 2011, and for which the charge is $24.29. --PLSzi2 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day ofG .g „,�( , 20 // Notary Public in and for Dubuque County, Iowa. ^, °`, 1ARY K. I ESTEt�IU -” The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Bra; g 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 $9,000,000 GENERAL OBLIGATION BONDS ", and moved: that the Resolution be adopted. 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 , 2011, at this place. Council Member Connors seconded the motion. The roll was called and the vote was, AYES: Braig, Buol, Connors, Jones NAYS: Resnick, Sutton Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. 413 -11 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $9,000,000 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 $9,000,000 General Obligation Bonds, for the essential corporate purposes of paying costs of the construction, reconstruction and repair of street, sidewalk and streetscape improvements, including those costs associated with the East 7th and Commercial Street reconstruction and related improvements, two -way street traffic conversions, and Historic Millwork District "complete streets" improvements, and the refunding and refinancing of the General Obligation Capital Loan Notes, Series 2010F, - 3 - dated September 20, 2010, and has considered the extent of objections received from residents or property owners as to the 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 $9,000,000 General Obligation Bonds, for foregoing essential corporate purposes. PASSED AND APPROVED this 5th day of December ATTEST: , 2011. (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: December 5 , 2011. Time of Meeting: 6 : 30 0 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 $9,000,000 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 4 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. City C rk, City of Dub que, Iowa December 5 , 2011 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 David Resnick, Lynn Sutton Absent: Kevin Lynch * * * * * ** 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 $9,000,000 General Obligation Bonds, in order to provide funds to pay costs of the construction, reconstruction and repair of street, sidewalk and streetscape improvements, including those costs associated with the East 7th and Commercial Street reconstruction and related improvements, two - way street traffic conversions, and Historic Millwork District "complete streets" improvements, and the refunding and refinancing of the General Obligation Capital Loan Notes, Series 2010F, dated September 20, 2010, essential corporate purposes, and that notice of the proposed action by the Council to institute proceedings for the issuance of the Bonds, had been published pursuant to the provisions of Section 384.25 of the City 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 the Bonds. The Clerk advised the Mayor and the Council that 0 written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and 0 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