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GO Refunding Bonds Series 2012G_$950KTHE C D Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque AII- America City I I., 2012 SUBJECT: Proceedings to Set Public Hearing on the Issuance of Not to Exceed $950,000 General Obligation Refunding Bonds DATE: September 10, 2012 Budget Director Jennifer Larson recommends that a public hearing be set for October 1, 2012, on the proposition of selling not to exceed $950,000 in General Obligation Refunding Bonds, the proceeds of which will be used to pay costs of refunding and refinancing of certain City indebtedness, including General Obligation Bonds, Series 2002C, dated December 1, 2002 (Water Main and Water Tower Bond issue). This refunding is estimated to save the City $77,000 in interest over the next four years. I concur with the recommendation and respectfully request Mayor and City Council approval. k�4 jlx� 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 THE C D Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Jennifer Larson, Budget Director Dubuque AII- America City I I., 2012 SUBJECT: Proceedings to Set Public Hearing on the Issuance of Not to Exceed $950,000 General Obligation Refunding Bonds DATE: September 10, 2012 DISCUSSION The purpose of this memorandum is to recommend the setting of a public hearing on the proposal to issue General Obligation Refunding Bonds, Series 2012G, the proceeds of which will be used to provide funds to pay costs of refunding and refinancing of certain City indebtedness, including the General Obligation Bonds, Series 2002C, dated December 1, 2002 (Water Main and Water Tower Bond issue). This refunding is estimated to save the City $77,000 in interest over the next four years. A letter from attorney Mark Cory detailing information on the bond hearing is enclosed. RECOMMENDATION I respectfully recommend the adoption of the enclosed resolution fixing the date of October 1, 2012 for a public hearing on the proposition of selling not to exceed $950,000 in General Obligation Refunding Bonds for essential corporate purpose and providing publication of notice. JML Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Kenneth TeKippe, Finance Director THE CITY OF D UB TE Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Jennifer Larson, Budget Director SUBJECT: Updated Statutory Debt Limit Usage Projections DATE: September 10, 2012 INTRODUCTION Dubuque All- America City II I I I.F 2012 The purpose of this memorandum is to provide updated information in regard to the projected statutory debt limit usage over the next ten years. DISCUSSION During the budget process, a ten year projection of the statutory debt limit usage was presented at the public hearing to adopt the Fiscal Year 2013 budget. The following was the ten year projection that was previously shown: FY13 I FY14 1 FY15 1 FY16 1 FY17 1 FY18 1 FY19 1 FY20 I FY21 I FY22 86.15% 184.89% 181.90% 177.16% 174.55% 171.32% 168.20% 164.92% 161.84% 159.42% These statutory debt limit usage projections have changed slightly due to being advised that the $4.5 million dollar Iowa Finance Authority loan for the Caradco project in the Historic Millwork District is subject to the City's statutory debt limit due to the debt being issued by the City instead of by the developer. As of December 2012, the City will be at 93.80% of the statutory debt limit if all planned borrowings are issued. However, there will be scheduled principal payments made on June 1, 2013 that will reduce the amount of debt limit used to 87.03 %. The following is a revised ten year projection of the statutory debt limit usage: FY13 IFY14 IFY15 IFY16 IFY17 IFY18 IFY19 IFY20 IFY21 IFY22 87.03% 185.87% 182.86% 178.08% 175.42% 172.14% 169.34% 166.64% 164.35% 163.07% 90.00% 87.03% 85.00% 80.00% 75.00% 70.00% 65.00% 60.00% 55.00% 50.00% Statutory Debt Limit Used 61.66% FY 13 FY 14 FY 15 FY 16 FY 17 FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 RECOMMENDATION This memorandum is for informational purposes only. JML 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 September 6, 2012 Ms. Jenny Larson Budget Director City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 Re: Not to exceed $950,000 General Obligation Refunding Bonds Series 2012G Dear Ms. Larson: Direct Dial: (515)246 -0378 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 Section 384.25. 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 days nor more than twenty 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 the time of hearing the Council shall receive oral or written objections from any resident or property owner to the proposed action to issue the bonds. After all objections have been received and considered, the Council is required, at that meeting or at any adjournment thereof, to take additional action for the issuance of the bonds or to abandon the proposal to issue the bonds. The Council is required by statute to adopt the resolution instituting proceedings to issue the bonds at the hearing - -or an adjournment thereof. WISHARD & BAILY - 1888; GUERNSEY & BAILY - 1893; GAILY & 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 September 6, 2012 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 ly rs, R: M rk Cory FOR THE FIRM RMC:dc Encl. cc: Ken TeKippe Tim Oswald 00891814 -1 \10422 -141 CPr\ !I \I (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: September 17 , 2012. 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 $950,000 General Obligation Refunding Bonds, Series 2012G. • Resolution fixing date for a meeting on the proposition to issue. 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 erk, City of Dubu u-S, Iowa Sept. 17 ,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 • �o 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 David Resnick, Lynn Sutton Absent: Kevin Lynch 1 Council Member Jones introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $950,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012G, (FOR AN ESSENTIAL CORPORATE PURPOSE) 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: Connors, Jones, Resnick, Sutton NAYS: Braig, Buol Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 251 -12 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $950,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012G, (FOR AN ESSENTIAL CORPORATE PURPOSE) 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, State of Iowa, should issue General Obligation Refunding Bonds, Series 2012G, to the amount of not to exceed $950,000, as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project 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. 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 1ST day of October , 2012, for the purpose of taking action on the matter of the issuance of not to exceed $950,000 General Obligation Refunding Bonds, Series 2012G, for an essential corporate purpose of the City, the proceeds of which bonds will be used to provide funds to pay costs of refunding and refinancing of certain outstanding City indebtedness, including the General Obligation Bonds, Series 2002C, dated December 1, 2002. Section 2. To the extent any of the projects or activities described in this resolution may be reasonably construed to be included in more than one classification under Division III of the City Code of Iowa, the Council hereby elects the "essential corporate purpose" classification and procedure with respect to each such project or activity, pursuant to Section 384.28 of the City Code of Iowa. Section 3. 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 four clear days nor more than twenty days before the date of the public meeting on the issuance of the bonds. Section 4. 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 $950,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012G, (FOR AN ESSENTIAL CORPORATE PURPOSE) 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 day of , 2012, at o'clock .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 $950,000 General Obligation Refunding Bonds, Series 2012G , for an essential corporate purpose of said City, in order to provide funds to pay costs of refunding and refinancing of certain outstanding City indebtedness, including the General Obligation Bonds, Series 2002C, dated December 1, 2002. 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 day of , 2012. City Clerk, City of Dubuque, Iowa (End of Notice) 4 PASSED AND APPROVED this 17th ATTEST: 5 day of September , 2012. CERTIFICATE STATE OF IOWA ) SS COUNTY OF DUBUQUE if 1\1 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 $950,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012G, 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: September 21 ,2012. WITNESS my official signature at Dubuque, Iowa, this day of , 2012. City • erk, City of ubu r7,' State of Iowa (SEAL) 00891815 - 810422 -141 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $950,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012G, (FOR AN ESSENTIAL CORPORATE PURPOSE) 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 1st day of October, 2012, at 6:30 o'clock PM, 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 $950,000 General Obligation Refunding Bonds, Series 2012G, for an essential corporate purpose of said City, in order to provide funds to pay costs of refunding and refi -_ nancing of certain outstanding City indebtedness, includ- ing the General Obligation Bonds, Series 2002C, dated December,l, 2002. 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 ' cons' dere dole .,CRy,pfiiI 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. Copies of supporting documents for the public hearings are on file in the City Clerk's Office and may be viewed during normal working hours. 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 TTY (563) 690 -6678 at least 48 hours prior to the meeting. Dated this 21st day of September, 2012. Kevin 5. Firnstahl, CMC, City Clerk, City of Dubuque, Iowa 1t 9/21 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: September 21, 2012, and for which the charge is $27.17. Subscribed to before me, a thie 27* day • f in and for Dubuque County, Iowa, ,20 /ate. MARY K. WESTERMEYER Commission Number 154885