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Sewer Revenue Capital Loan Notes SRF_$9.4MMasterpiece 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 for Public Hearing on the Issuance of Not to Exceed $9,400,000 Sewer Revenue Capital Loan Notes (State Revolving Fund Sponsored Project) DATE: July 6, 2012 Budget Director Jennifer is recommending City Council approval of the suggested proceedings for the public hearing on the issuance of Sewer Revenue Capital Loan Notes, (State Revolving Fund Sponsored Project) prepared by 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 $9,400,000 Sewer Revenue Capital Loan Notes." The proceeds of which will be used to convert forty alleys and two parking lots to pervious pavement to improve water quality and augment the City's stormwater management system and the Bee Branch Creek Restoration Project. The purpose of the hearing is to establish authority for amending the City's Series 2010E Sewer Note with the Iowa Finance Authority which will permit additional funds for the Bee Branch Watershed Green Infrastructure Project as a "sponsored project" under the Authority's new program. On June 19, 2012, the State Revolving Loan Fund, a joint program of the Iowa Department of Natural Resources and the Iowa Finance Authority, awarded the City of Dubuque $9.4 million for the City of Dubuque's Bee Branch Watershed Green Infrastructure Project (attachment 1). The funds are part of SRF's new Water Resource Restoration effort, in which watershed protection projects are supported through interest rate reductions on Clean Water SRF wastewater loans. The funding for the $9.4 million in improvements will come from interest payments on the City's SRF wastewater loan to complete the $64 million Water and Resource Recover Center Project which will be returned to the City to fund the Bee Branch Watershed Green Infrastructure Project. This arrangement is the first under the Water Resource Restoration program and is a pilot that the DNR and IFA will use to determine how best to structure the program and make it available to communities across the state in the future. The funds will allow the City of Dubuque to install permeable interlocking concrete pavement in 40 alleys (2.6 linear miles) and two parking lots (1.13 acres) located in the Bee Branch Watershed, which covers approximately 6.5 square miles from approximately 9th Street north to 32nd Street and from the Mississippi River west to Asbury Road. When constructed, the 42 locations will total approximately 268,000 square feet (6.2 acres) of pervious pavement. The project's estimated total cost is $9.42 million and will result in approximately 750,000 cubic feet of runoff water and 2,400 pounds of sediment per year going into the ground rather than the Mississippi River. Models predict this project could reduce the solids sent to the river by 67 percent and runoff volume by 50 percent. 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 $9,400,000 Sewer Revenue Capital Loan Notes." 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. 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. 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 Gus Pshoyos, City Engineer Deron Muehring, Civil Engineer II 2 Masterpiece on the Mississippi Attachment I CONTACT: Dave Lyons, Smarter Sustainable Dubuque Project Manager, 563 - 564 -5455 dlyonsacityofdubuque.orq Deron Muehring, Civil Engineer 563 - 589 -4270 dmuehrinacityofdubuque.orq www.cityofdubuque.org Patti Cale - Finnegan,IDNR SRF Coordinator 515 725 -0498, Patti .Cale- finneoan @dnr.iowa.gov NEWS RELEASE June 26, 2012 — For Immediate Release Dubuque Awarded $9.4 Million for Watershed Project DUBUQUE, Iowa — The State Revolving Fund (SRF), a joint program of the Iowa Department of Natural Resources and the Iowa Finance Authority, has awarded the City of Dubuque $9.4 million to convert 40 alleys and two parking lots to pervious pavement to improve water quality and augment the city's stormwater management system and the Bee Branch Creek Restoration Project. "We are very appreciative of this funding from IDNR and IFA," said Dubuque Mayor Roy D. Buol. "It is another important step in our Sustainable Dubuque vision and we'll show the way for Iowa while at the same time improving water quality, preventing future flooding and creating jobs right here in Dubuque." The funds were awarded to the City of Dubuque's Bee Branch Watershed Green Infrastructure Project at a meeting of the Iowa Environmental Protection Commission, which oversees the DNR, last week in Des Moines. Green Infrastructure is an approach to stormwater management that is cost - effective, sustainable, and environmentally friendly. Green Infrastructure management utilizes approaches and technologies to infiltrate, evapotranspire, capture and reuse stormwater to maintain or restore natural hydrology. The funds are part of SRF's new Water Resource Restoration effort, in which watershed protection projects are supported through interest rate reductions on Clean Water SRF wastewater loans. In Dubuque's case, interest payments on the City's SRF wastewater loan to complete the $64 million Water and Resource Recovery Center project are, in effect, returned to Dubuque to fund a local watershed project. The arrangement is the first under the Water Resource Restoration program and is a "pilot" that DNR and IFA 3 will use to determine how best to structure the program and make it available to communities across the state in the future. "We are pleased to be able to partner with the SRF to be the first project under this new program," said Assistant City Manager Teri Goodmann. "This is a very innovative and important program for protecting and restoring Iowa's water resources. It took quite a bit of work to develop this first project, but SRF staff were very helpful and we feel confident we can be a good 'pilot' for the state." The funds will allow the City of Dubuque to install permeable interlocking concrete pavement in 40 alleys (2.6 linear miles) and two parking lots (1.13 acres) located in the Bee Branch Watershed, which covers approximately 6.5 square miles from approximately 9m Street north to 32nd Street and from the Mississippi River west to Asbury Road. When constructed, the 42 locations will total approximately 268,000 square feet (6.2 acres) of pervious pavement. The project's estimated total cost is $9.42 million and will result in approximately 750,000 cubic feet of runoff water and 2,400 pounds of sediment per year going into the ground rather than the Mississippi River. Models predict this project could reduce the solids sent to the river by 67 percent and runoff volume by 50 percent. The Bee Branch Watershed Green Infrastructure Project is scheduled to be completed over the next three years and will augment Dubuque's stormwater management system, which includes the Carter Road Detention Basin, 32nd Street Detention Basin, and the restoration of the Bee Branch Creek. With this new project, Dubuque will be taking stormwater management a step further by managing it at the site, when rainfall hits the ground. The greatest benefit of pervious pavement is that it allows water to go back into the ground, efficiently removing pollutants from runoff because they are allowed to go back into the ground rather than being conveyed to detention basins which require regular maintenance to remove the collected pollutants. To date, Dubuque has converted four standard alleys to pervious alleys, just one percent of the alleys in the Bee Branch Watershed. Upon completion, the Green Infrastructure Project will increase that to almost 20 percent. # # # 4 Masterpiece on the Mississippi Dubuque bierd All-America City 1 2007 TO: Michael C. Van Milligen, City Manager FROM: Jennifer Larson, Budget Director SUBJECT: Proceedings for Public Hearing on the Issuance of Not to Exceed $9,400,000 Sewer Revenue Capital Loan Notes (State Revolving Fund Sponsored Project) DATE: July 6, 2012 INTRODUCTION The purpose of this memorandum is to provide the suggested proceedings for the public hearing on the issuance of Sewer Revenue Capital Loan Notes (State Revolving Fund Sponsored Project) prepared by 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 $9,400,000 Sewer Revenue Capital Loan Notes." The proceeds of which will be used to convert forty alleys and two parking lots to pervious pavement to improve water quality and augment the City's stormwater management system and the Bee Branch Creek Restoration Project. The purpose of the hearing is to establish authority for amending the City's Series 2010E Sewer Note with the Iowa Finance Authority which will permit additional funds for the Bee Branch Watershed Green Infrastructure Project as a "sponsored project" under the Authority's new program. A letter from attorney Mark Cory detailing information on the bond hearing is enclosed. DISCUSSION On June 19, 2012, the State Revolving Loan Fund, a joint program of the Iowa Department of Natural Resources and the Iowa Finance Authority, awarded the City of Dubuque $9.4 million for the City of Dubuque's Bee Branch Watershed Green Infrastructure Project. The funds are part of SRF's new Water Resource Restoration effort, in which watershed protection projects are supported through interest rate reductions on Clean Water SRF wastewater loans. The funding for the $9.4 million in improvements will come from interest payments on the City's SRF wastewater loan to complete the $64 million Water and Resource Recover Center Project which will be returned to the City to fund the Bee Branch Watershed Green Infrastructure Project. This arrangement is the first under the Water Resource Restoration program and is a pilot that the DNR and IFA will use to determine how best to structure the program and make it available to communities across the state in the future. The funds will allow the City of Dubuque to install permeable interlocking concrete pavement in 40 alleys (2.6 linear miles) and two parking lots (1.13 acres) located in the Bee Branch Watershed, which covers approximately 6.5 square miles from approximately 9th Street north to 32nd Street and from the Mississippi River west to Asbury Road. When constructed, the 42 locations will total approximately 268,000 square feet (6.2 acres) of pervious pavement. The project's estimated total cost is $9.42 million and will result in approximately 750,000 cubic feet of runoff water and 2,400 pounds of sediment per year going into the ground rather than the Mississippi River. Models predict this project could reduce the solids sent to the river by 67 percent and runoff volume by 50 percent. 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 $9,400,000 Sewer Revenue Capital Loan Notes." 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. 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. The Resolution taking additional action also acknowledges and approves the terms of the SRF loan program. The terms of the loan being offered to the City are established primarily by reference to two external sources: the Iowa Finance Authority's administrative rules governing the SRF Program and, to a lesser extent, by the terms of the bonds issued by the Iowa Finance 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. 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 Gus Pshoyos, City Engineer Deron Muehring, Civil Engineer II 2 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@ahlerslaw.com June 22, 2012 Ms. Jenny Larson Budget Director City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 RE: Not to exceed $9,400,000 Sewer Revenue Capital Loan Notes (SRF Sponsored Project) Dear Ms. Larson: Direct Dial: (515)246 -0378 With this letter I am enclosing 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 384.83. 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 purpose of this hearing is to establish authority for amending the City's Series 2010E Sewer Note with the Iowa Finance Authority which will permit additional funds for the Bee Branch Watershed Green Infrastructure Project as a "sponsored project" under the Authority's new program. 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 Notice of the hearing 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 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. I also am enclosing suggested 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. June 22, 2012 Page 3 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. Should you have any questions concerning the enclosed proceedings or the SRF Program, please don't hesitate to contact me. R. Mark Cory RMC:dc Enclosures cc Ken TeKippe (w /encl.) Dave Lyons (w /encl.) Mike Van Milligen (w /encl.) Teri Goodman (w /encl.) 00867647-1\10422-132 Nt (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 16, 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 $9,400,000 Sewer Revenue Capital Loan Notes. • Public hearing on the authorization of a Loan and Disbursement Agreement and the issuance of Notes to evidence the obligation of the City thereunder. • Resolution instituting proceedings to take additional action. 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. City C -rk, City of Dubs , of Iowa July 16, 2012 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 Jones, Kevin Lynch, David Resnick, Lynn Sutton Absent: 1 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of 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 $9,400,000 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 costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with the Bee Branch Watershed Green Infrastructure Project, including the construction and installation of permeable interlocking concrete pavement at approximately 42 alley and parking lot locations in the Bee Branch Watershed, and that notice of the proposed action by the City Council to institute proceedings for the authorization of the Loan and Disbursement Agreement and the issuance of the Notes had been published pursuant to the provisions of Sections 384.24A and 384.82, as amended. The Mayor then asked the Clerk whether any written objections had been filed by any City resident or property owner to the proposal. The City Clerk advised the Mayor and the City Council that no written objections had been filed. The Mayor then called for oral objections to the proposal and none 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 City Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Braig introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $9,400,000 SEWER REVENUE CAPITAL LOAN NOTES ", and moved that the Resolution be adopted. was, Council Member Jones seconded the motion. The roll was called and the vote AYES: Braig, Buol, Connors Jones, Lynch, Resnick, Sutton NAYS: Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. 195 -12 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $9,400,000 SEWER REVENUE CAPITAL LOAN NOTES 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 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 $9,400,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City 3 under said Loan and Disbursement Agreement, for the purpose of paying costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with the Bee Branch Watershed Green Infrastructure Project, including the construction and installation of permeable interlocking concrete pavement at approximately 42 alley and parking lot locations in the Bee Branch Watershed, and has considered the extent of objections received from residents or property owners as to said proposal 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 takes 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 in the manner required by law of not to exceed $9,400,000 Sewer Revenue Capital Loan Notes for the foregoing purpose. Section 2. That this Council does hereby consent to the terms and conditions of the SRF Loan Program, which terms and conditions and the disclosures provided with respect thereto are hereby acknowledged, accepted and approved. Section 3. That the Clerk, with the assistance of the City Attorney and bond counsel, is hereby authorized and directed to proceed with the preparation of such documents and proceedings as shall be necessary to authorize the City's participation in the SRF Loan Program, to select a suitable date for final Council authorization of the required Loan and Disbursement Agreement and issuance of the Note to evidence the City's obligations thereunder, and to take such other actions as the Clerk shall deem necessary to permit the completion of a loan on a basis favorable to the City and acceptable to this Council. Section 4. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150 -2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above loan agreement. The amounts so advanced shall be reimbursed from the proceeds of the Loan Agreement not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the loan amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. 4 PASSED AND APPROVED this 16th day of July , 2012. ATTEST: 5 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 17th day of July, 2012. (SEAL) 00868641 -1 \10422 -132 City Cle , City of Dubuque, to of Iowa CERTIFICATE STATE OF IOWA ) SS COUNTY OF DUBUQUE 11 A 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 OF DUBUQUE, IOWA ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $9,400,000 SEWER REVENUE CAPITAL LOAN NOTES, AND THE PUBLIC HEARING ON THE AUTHORIZATION AND 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: July 6 , 2012. WITNESS my official signature at Dubuque, Iowa, thi (.i,,de.(_____ , 2012. 4.■ ‘L'21_ Cit • -rk, City o D buq owa day of NOTICE OF MEETING OF THE CITY OF DUBUQUE, IOWA ON THE MATTER OF THE PROPOSED AUTHORIZATION OF ALOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $9,400,000 SEWER REVENUE CAPITAL LOAN NOTES, AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE I 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 $9,400,000 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 associated with the 'Bee Branch Watershed Green Infrastructure Project, including the construc- tion and installation of permeable interlocking concrete pavement at approximately 42 alley and parking lot locations in the Bee Branch Watershed. The , Notes will not constitute V general obligations or' be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Muni- cipal Sewer System. The proposed Notes, if and when issued, will be combined with the outstanding Sewer Revenue Capital Loan Notes, Series 2010E, under a single loan agreement with the Iowa Finance Authority. 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 1t 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 $35.09. Subscribed to before this 5 day o a Notary Public in and for Dubuque County, Iowa, ,20/ if Nary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 1W.B5 'ii