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Sewer Revenue Capital Loan Notes $3M Refunding Series 2010CMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque bierd All-America City 1 2007 SUBJECT: Proceedings to Set Public Hearing on the Issuance of Not to Exceed $3,058,000 Sewer Revenue Capital Loan Notes (Clean Water State Revolving Fund Loan) to Refund $3,058,000 Water Revenue Capital Loan Notes (Drinking Water State Revolving Loan Fund), Series 2010C for the City Wide Water Meter Replacement and Unmeasured Flow Reducer Installation Project DATE: June 25, 2012 Budget Director Jennifer Larson recommends that a public hearing be set for July 16, 2012 on the proposition of issuing not to exceed $3,058,000 in Clean Water State Revolving Fund Loan Notes, the proceeds of which will be used to refund $3,058,000 of Drinking Water State Revolving Loan Fund Notes which were used for the City Wide Water Meter Replacement and Unmeasured Flow Reducer Installation Project. On January 20, 2010, the City authorized the issuance of Water Revenue Capital Loan Notes (Drinking Water State Revolving Fund Loan) for the City Wide Water Meter Replacement and Unmeasured Flow Reducer Installation Project. It was the intent that the project would be funded fifty percent by water revenues and fifty percent by sanitary sewer revenues since both enterprise utilities use the water meter to bill for services. For simplicity reasons, the State of Iowa and the City decided to issue one water revenue note for the project instead of issuing one water revenue note and one sanitary sewer note. It was the expectation of City staff that the sanitary sewer fund would transfer half of the debt service cost of the water revenue note for the water meter project to the water fund annually. During the Fiscal Year 2012 City audit, it was brought to the attention of City staff that the transfer of $240,594 for debt service from the sanitary sewer fund to the water fund could not be counted as revenue towards the water SRF debt covenant requirement which requires the water fund to produce net revenues in each fiscal year equal to at least 125% of the debt service requirement on all senior water revenue bonds outstanding for the year of computation. The City's auditors have concluded that this transfer is not considered operating revenue of the water fund and therefore cannot be used to increase the water fund's net income used in the SRF debt covenant test. The disallowance of treating the transfer from the sewer fund to the water fund as operating revenue severely impacts the ability for the water fund to meet the debt covenant requirement on the outstanding SRF debt. Through discussions with the City's auditors and bond counsel, it has been determined that the best course of action for the City is to refund not to exceed $3,058,000 of the Drinking Water State Revolving Loan Fund Notes and to issue not to exceed $3,058,000 Clean Water State Revolving Fund Notes. This will resolve the issue with meeting the bond covenant requirement for the water fund since transfers will no longer be required from the sanitary sewer fund and the water fund will only be paying for 50% of the total debt of the water meter project. The total amount of SRF debt for the City Wide Water Meter Replacement project will remain the same as the amount originally issued. There is not additional debt being issued for the project. This refunding will result in an equal split of SRF debt for the Water Meter Replacement project between the Water fund and the Sanitary Sewer fund. Section 384.83 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 loan, to the District Court of a county in which any part of the City is located, within fifteen 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. 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 bierd All-America City 1 2007 SUBJECT: Proceedings to Set Public Hearing on the Issuance of Not to Exceed $3,058,000 Sewer Revenue Capital Loan Notes (Clean Water State Revolving Fund Loan) to Refund $3,058,000 Water Revenue Capital Loan Notes (Drinking Water State Revolving Loan Fund), Series 2010C for the City Wide Water Meter Replacement and Unmeasured Flow Reducer Installation Project DATE: June 25, 2012 INTRODUCTION The purpose of this memorandum is to recommend the setting of a public hearing on the proposal to issue Clean Water State Revolving Fund Loan Notes, the proceeds of which will be used to refund $3,058,000 of Drinking Water State Revolving Loan Fund Notes which were used for the City Wide Water Meter Replacement and Unmeasured Flow Reducer Installation Project. A letter from attorney Mark Cory detailing information on the bond hearing is enclosed. DISCUSSION On January 20, 2010, the City authorized the issuance of Water Revenue Capital Loan Notes (Drinking Water State Revolving Fund Loan) for the City Wide Water Meter Replacement and Unmeasured Flow Reducer Installation Project. It was the intent that the project would be funded fifty percent by water revenues and fifty percent by sanitary sewer revenues since both enterprise utilities use the water meter to bill for services. For simplicity reasons, the State of Iowa and the City decided to issue one water revenue note for the project instead of issuing one water revenue note and one sanitary sewer note. It was the expectation of City staff that the sanitary sewer fund would transfer half of the debt service cost of the water revenue note for the water meter project to the water fund annually. During the Fiscal Year 2012 City audit, it was brought to the attention of City staff that the transfer of $240,594 for debt service from the sanitary sewer fund to the water fund could not be counted as revenue towards the water SRF debt covenant requirement which requires the water fund to produce net revenues in each fiscal year equal to at least 125% of the debt service requirement on all senior water revenue bonds outstanding for the year of computation. The City's auditors have concluded that this transfer is not considered operating revenue of the water fund and therefore cannot be used to increase the water fund's net income used in the SRF debt covenant test. The disallowance of treating the transfer from the sewer fund to the water fund as operating revenue severely impacts the ability for the water fund to meet the debt covenant requirement on the outstanding SRF debt. Through discussions with the City's auditors and bond counsel, it has been determined that the best course of action for the City is to refund not to exceed $3,058,000 of the Drinking Water State Revolving Loan Fund Notes and to issue not to exceed $3,058,000 Clean Water State Revolving Fund Notes. This will resolve the issue with meeting the bond covenant requirement for the water fund since transfers will no longer be required from the sanitary sewer fund and the water fund will only be paying for 50% of the total debt of the water meter project. The total amount of SRF debt for the City Wide Water Meter Replacement project will remain the same as the amount originally issued. There is not additional debt being issued for the project. This refunding will result in an equal split of SRF debt for the Water Meter Replacement project between the Water fund and the Sanitary Sewer fund. Section 384.83 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 loan, to the District Court of a county in which any part of the City is located, within fifteen 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 fixing the date of July 16, 2012 for a public hearing on the proposition of selling not to exceed $3,058,000 in Sewer Revenue Capital Loan Notes for the purpose of refunding a portion of Water Revenue Capital Loan Notes for the City Wide Water meter Replacement and Unmeasured Flow Reducer Installation Project and providing publication of notice. 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 WWW.AHLERSLAW.COM R. Mark Cory rcory@ahterslaw.com June 22, 2012 Ms. Jenny Larson Budget Director City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 Direct Dial: (515)246 -0378 RE: Not to exceed $3,058,000 Sewer Revenue Capital Loan Notes (Refunding Water Revenue Capital Loan Notes, Series 2010C Notes) (State of Iowa Revolving Fund Loan) Dear Ms. Larson: We have now prepared and are enclosing herewith suggested proceedings to be acted upon by the City Council in fixing the date of a meeting on the proposition to issue the above mentioned Capital Loan Note and ordering publication of a notice of hearing consistent with the provisions of Code Sections 384.24A and 384.82. Proceedings for the date of the public hearing also are enclosed. As you may know, the borrowing of loan funds by the City through the Iowa Water Pollution Control Works Financing Program involves the same procedures applicable to the issuance and sale of municipal bonds generally. In this instance, the Iowa Finance Authority (the "Authority ") has agreed to make the City a low - interest loan under the terms of a Loan and Disbursement Agreement, which will be secured and evidenced by a Sewer Revenue Capital Loan Note that will be issued to the Authority at the time the loan is closed. The Authority has advised that all Revolving Fund Loans are subject to additional procedural requirements, most notably - compliance with prevailing wage (Davis- Bacon) provisions. We'll coordinate with the Authority on your behalf to properly document this loan program, but will defer to your engineers for contract compliance requirements. 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 four clear 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. DORWEILER, HAYNIE. SMITH & ALLBEE. P.C. - 1990 June 22, 2012 Page 2 days nor more than twenty days before the date of said public meeting. 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 are public hearing proceedings 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 City Council to authorize the form of Loan and Disbursement Agreement and issue the Notes to the Authority. 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 City Council decides to enter into the Agreement and issue the Notes, a form of resolution follows that should be introduced and adopted, entitled "Resolution Instituting Proceedings to Take Additional Action." Section 384.83 of the Code of Iowa provides that any resident or property owner of the City may appeal the decision to take additional action 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 City 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. In the event the City Council decides to abandon the proposal 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 proposal is abandoned. The Resolution taking additional action also acknowledges and approves of the terms of the SRF loan program. As you know, the terms of the loan being offered to the City are established primarily by reference to two external sources: the Authority's administrative rules governing the SRF Program and, to a lesser extent, by the terms of the bonds issued by the Authority to fund the City's loan. These loan terms are not negotiable by individual borrowers, and the City's decision to participate in the SRF Program effectively commits it to accept a loan on the stated terms. Also enclosed are extra copies of the proceedings to be filled in as the originals and returned to us for our transcript of the action taken, 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. June 22, 2012 Page 3 Should you have any questions concerning the enclosed proceedings or the SRF Program, please don't hesitate to contact me. R. Mark Cory FOR THE FIRM RMC:dc Enclosures cc: Ken TeKippe (w /encl.) Barry Lindahl (w /encl.) David Lyons (w /encl.) 00877006 -1 \10422 -137 (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: July 2, 2012. Time of Meeting: 6:30 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 $3,058,000 Sewer Revenue Capital Loan Notes • Resolution fixing date for a meeting on the proposition to authorize a Loan and Disbursement Agreement and the issuance of Notes to evidence the obligations of the City thereunder. Such additional matters as are set forth on the additional 5 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 o Dubuque, Iowa July 2, 2012 The City Council of the City of Dubuque, Iowa, met in regualr 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 Pro -Tem Ric W. Jones in the chair, and the following named Council Members: Karla Braig, Kevin Lynch, David Resnick Absent: Mayor Roy D. Buol, Joyce Connors, Lynn Sutton 1 Council Member Lynch introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $3,058,000 SEWER REVENUE CAPITAL LOAN NOTES OF CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF ", and moved that the same be adopted. Council Member Resnick seconded the motion to adopt. The roll was called and the vote was, AYES: Braig, Jones, Lynch, Resnick NAYS: Whereupon, the Mayor declared the Resolution duly adopted as follows: RESOLUTION NO. 177 -12 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $3,058,000 SEWER REVENUE CAPITAL LOAN NOTES OF 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 provide for the authorization of a Loan and Disbursement Agreement and the issuance of Sewer Revenue Capital Loan Notes, in the amount of not to exceed $3,058,000, as authorized by Sections 384.24A and 384.82, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter described; and WHEREAS, the City has applied for a loan through the Iowa Water Pollution Control Works Financing Program pursuant to which the Iowa Finance Authority has agreed to purchase the City's Notes and has requested that such Notes be issued as a single Note in a denomination equal to the total amount of the issue as authorized by Chapter 384 Code of Iowa; and WHEREAS, the Loan and Disbursement Agreement and Note shall be payable solely and only out of the net earnings of the Municipal Sewer System and shall be a first lien on the future net earnings of the Utility; and shall not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by 2 reason of the failure of the net revenues to be sufficient for the payment of the Loan and Disbursement Agreement and Note; and WHEREAS, before a Loan and Disbursement Agreement may be authorized and Sewer Revenue Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan and Disbursement Agreement and Notes and to receive oral and /or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this City Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 P.M., on the 16th day of July, 2012, for the purpose of taking action on the matter of the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $3,058,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of refunding outstanding water obligation indebtedness of the City, consisting of the Water Revenue Capital Loan Notes, Series 2010C, dated February 12, 2010 so that the net revenues of the Municipal Sewer Utility may be used to pay 50% of the costs associated with the acquisition and installation of a fixed radio network water meter system. 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 four clear days nor more than twenty days before the date of said public meeting on the issuance of the Notes. form: Section 3. The notice of the proposed action shall be in substantially the following 3 NOTICE OF MEETING OF THE CITY OF DUBUQUE, IOWA ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $3,058,000 SEWER REVENUE CAPITAL LOAN NOTES, AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 16th day of July, 2012, at 6:30 P.M., in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at which meeting the City Council proposes to take additional action for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority of not to exceed $3,058,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, in order to provide funds to pay the costs of refunding outstanding water obligation indebtedness of the City, consisting of the Water Revenue Capital Loan Notes, Series 2010C, dated February 12, 2010 so that the net revenues of the Municipal Sewer Utility may be used to pay 50% of the costs associated with the acquisition and installation of a fixed radio network water meter system. The Notes will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Sewer System. At the above meeting the City 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 City Council will at this meeting or at any adjournment thereof, take additional action for the authorization of said Loan and Disbursement Agreement and the issuance of Notes or will abandon the proposal to issue the Notes. This Notice is given by order of the City Council of the City of Dubuque, Iowa, as provided by Sections 384.24A and 384.83, as amended. Dated this day of , 2012. Mayor (End of Notice) 4 PASSED AND APPROVED this ATTEST: 5 day of i ' t 7 , 2012. Mayor Pro -Tem CERTIFICATE STATE OF IOWA ) SS COUNTY OF DUBUQUE 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 3rd day of July 2012. (SEAL) 00876932 -1 \10422 -137 ii�_4 //rah" City 1 ° rk, City o D buqu� ate of Iowa NovusAGENDA Agenda Minutes Close http: / /publicagenda. cityofdubuque. org /MeetingView.aspx?Meeting... ROLL CALL ORDER FOR MEETING OF 7/2/2012 Braig, Buol, Connors, Jones, Lynch, Resnick, Sutton CITY OF DUBUQUE,IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. 6th Street, Dubuque July 2, 2012 Council meetings are video streamed live and archived at www.citvofdubuque.ora /media and on Dubuque's CityChannel on the Mediacom cable system at Channel 8 (analog) and 97.2 (digital). REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE MOMENT OF SILENCE CONSENT ITEMS The consent agenda items are considered to be routine and non - controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. 1. Minutes and Reports Submitted City Council proceedings of 6/18 Proof of publication for City Council proceedings of 6/4 Suggested Disposition: Receive and File City Council Proceedings 6/18, Proof - City Council Proceedings 6/4, 2. Notice of Claims and Suits Donna McKnight for property damage, North Grandview Estates, LLC /Richard Henkel vs. City of Dubuque for installation of streets, Tina Pfeiler for vehicle damage Suggested Disposition: Receive and File; Refer to City Attorney McKnight Claim, N. Grandview Estates/Henkel Suit, Pfeiler Claim, 3. Disposition of Claims City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Claim by Donna McKnight for property damage, claim by Tina Pfeiler for vehicle damage. 1 of 7 6/29/2012 1:55 PM NOTICE OF MEETING OF THE CITY OF DUBUQUE, IOWA ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $3,058,000 SEWER REVENUE CAPITAL LOAN NOTES, AND . THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 16th day of July, 2012, at 6:30 P.M., in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at which meeting the City Council proposes to take additional action for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority of not to exceed $3,058,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agree- ment, in order to provide funds to pay the costs of refunding outstanding water obligation indebted- ness of the City, consisting of the Water Revenue Capital Loan Notes, Series 2010C, dated February 12, 2010 so that the net revenues of the Municipal Sewer Utility may be used to pay 50% of the costs associated with the acquisition and installation of a fixed radio network water meter system. The Notes will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Sewer System. At the above meeting the City 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 City Council will at this meeting or at any adjournment thereof, take additional action for the authorization of said Loan and Disbursement Agree- ment and the issuance of Notes or will abandon the proposal to issue the Notes. Any visual or hearing - impaired persons need- ing special assistance or persons with special accessibility needs should contact the City Clerk's office at (563) 589 -4120: or TDD at (563) 690 -6678 at least 48 hours prior to the meeting. This Notice is given by order of the City Council of the City of Dubuque, Iowa, as provided by Sections 384.24A and 384.83, as amended. Dated this 6th day of July, 2012. Kevin S. Firnstahl, City Clerk It 7/6 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: July 06, 2012, and for which the charge is $34.53. Subscribed to before me, . otary Public in and for Dubuque County, Iowa, this day of , 20/„?.. Notary Public in and for Dubuque County, Iowa. MARY K. WESTERivi EYER x ; Commisalon Number 154f385 k{