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GO Bonds Series 2012E_$4M Essential Corporate PurposesMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque kital All- America City II h/ 2012 SUBJECT: Proceedings for Public Hearing on the Issuance of Not to Exceed $4,000,000 Essential Corporate Purpose General Obligation Bonds, Series 2012E DATE: October 1, 2012 Budget Director Jennifer Larson is recommending City Council approval of the suggested proceedings for the public hearing on the issuance of General Obligation Bonds 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 $4,000,000 General Obligation Bonds." These project costs and their financing methods were approved by the City Council during the Fiscal Year 2013 budget process. The proceeds of which will be used to pay costs of essential corporate purpose projects including the Southwest Arterial Project; installation of 1,200 feet of storm sewer in conjunction with the reconstruction of 7th Street from Iowa Street to Shot Tower Drive; repair of the 30 inch diameter sanitary sewer force main from the Cedar Street lift station to the Terminal Street lift station; Comiskey Park improvements including park amenity replacements and additions, new entry and gathering space, and replacement of the exterior doors; replacement of the playground equipment structure for ages two through five year -olds in Flora Park; Water System Improvements; and replacement of Public Safety software. 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, local option sales tax, DRA gaming, sanitary sewer user fees and water user fees. 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 $4,000,000 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. 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 Teri Goodmann, 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 kital All- America City II h/ 2012 SUBJECT: Proceedings for Public Hearing on the Issuance of Not to Exceed $4,000,000 Essential Corporate Purpose General Obligation Bonds, Series 2012E DATE: October 1, 2012 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 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 $4,000,000 General Obligation Bonds." These projects and their financing methods were approved by the City Council during the Fiscal Year 2013 budget process. The proceeds of the Bonds will be used for essential corporate purposes of the City. A letter from attorney Mark Cory detailing information on the bond hearing is enclosed. DISCUSSION Of the bond amount: • $1,280,000 is intended to provide funds to pay costs of Southwest Arterial Project. • $135,000 is intended to provide funds to pay for the installation of 1,200 feet of storm sewer in conjunction with the reconstruction of 7th Street from Iowa Street to Shot Tower Drive. • $650,000 is intended to provide funds for repair of the 30 inch diameter sanitary sewer force main from the Cedar Street lift station to the Terminal Street lift station. • $100,000 is intended to provide funds to pay costs for Comiskey Park improvements including park amenity replacements and additions, new entry and gathering space, and replacement of the exterior doors. • $30,000 is intended to provide funds for replacing the playground equipment structure for ages two through five year -olds in Flora Park. • $424,000 is intended to provide funds for Water Main Replacements. • $50,000 is intended to provide funds for Water Main Extensions. • $165,000 is intended to provide funds for water main replacements in Green Alleys. • $50,000 is intended to provide funds to extend the public water main from the current end point at Digital Driver south to the Airport. • $360,000 is intended to provide funds for replacement of Public Safety software, including Computer Aided Dispatch (CAD), Corrections, Mobile Radios, and Records Management for Dubuque Police, Dubuque Fire Emergency Communications, and Dubuque County. • $60,000 is intended to provide funds for bond issuance costs and • $696,000 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, local option sales tax, DRA gaming, sanitary sewer user fees and water user fees. 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 $4,000,000 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. Careful review of the draft Official Statement by appropriate City staff and members of the City Council is an important step in the offering of the bonds for sale to the public. The U.S. Securities and Exchange Commission (the "Commission) has stated that "issuers are primarily responsible for the content of their disclosure documents and may be held liable under the federal securities laws for misleading disclosure." In several recent enforcement proceedings, the Commission has made clear that it expects public officials to generally review disclosure documents in light of their unique knowledge and perspectives on the issuer and its financial circumstances, or else to ensure that appropriate procedures are in place to provide the necessary review. 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 Teri Goodmann, Assistant City Manager Kenneth TeKippe, Finance Director AHLERS &COON EY, 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@ahlerstaw.com September 28, 2012 Ms. Jenny Larson Budget Director City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 RE: Not to exceed $4,000,000 General Obligation Bonds, Series 2012E Dear Ms. Larson: Direct Dial: (515)246 -0378 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 $4,000,000 General Obligation Bonds, Series 2012E." Action Must Be Taken At The Hearing. 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 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 September 28, 2012 Page 2 suggest that, in this event, a motion merely be adopted to the effect that such bond proposal is abandoned. Appeal to District Court. 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. The resolution also authorizes a preliminary Official Statement to be completed and distributed in connection with the offering of the Bonds for sale. A draft copy of the preliminary Official Statement will be delivered to you separately by Piper Jaffray, and should be forwarded to the City Council with the enclosed proceedings. Careful review of the draft Official Statement by appropriate City staff and members of the City Council is an important step in the offering of the Bonds for sale to the public. The U.S. Securities and Exchange Commission (the "Commission ") has stated that "issuers are primarily responsible for the content of their disclosure documents and may be held liable under the federal securities laws for misleading disclosure." In several recent enforcement proceedings, the Commission has made clear that it expects public officials to generally review disclosure documents in light of their unique knowledge and perspectives on the issuer and its financial circumstances, or else to ensure that appropriate procedures are in place to provide the necessary review. As you know, Rule 15c2 -12 of the Commission requires prospective purchasers of the Bonds to obtain and review an official statement that has been "deemed final" by the City prior to submitting a bid to purchase the Bonds. For this purpose, the official statement may omit certain information that is dependent upon the pricing of the issue (such as interest rates, bond maturities and redemption features), but should otherwise be accurate and complete. The enclosed resolution authorizes the Finance Director to complete the draft document, and thereafter authorizes its distribution in connection with the offering of the Bonds to the public. September 28, 2012 Page 3 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 s, R. Ma Cory FOR THE FIRM RMC:dc Encl. cc: Ken TeKippe Tim Oswald 00895418 -1 \10422 -139 f! , !1 J J 4;ate (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: October 1,5 , 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 $4,000,000 General Obligation Bonds, Series 2012E. • Public hearing on the issuance. • Resolution instituting proceedings to take additional action. • Resolution approving Distribution of Preliminary Official Statement and Electronic Bidding Procedures 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 k, City of ubuque, Iowa October 15, 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 issuance of not to exceed $4,000,000 General Obligation Bonds, Series 2012E, in order to provide funds to pay costs of the opening, widening, extending, grading, and draining of the right -of -way of streets, highways and avenues, the construction, reconstruction, and repairing of any street improvements, the acquisition, installation, and repair of traffic control devices and the acquisition of real estate needed for any of the foregoing purposes; the acquisition, construction, reconstruction, extension, improvement, and equipping of works and facilities useful for the collection, treatment, and disposal of sewage and industrial waste in a sanitary manner, for the collection and disposal of solid waste, and for the collection and disposal of surface waters and streams, including the 7th Street Storm Sewer, and sanitary forcemain repairs; the rehabilitation and improvement of parks already owned, including the removal, replacement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in City parks, including improvements for Comiskey Park and Flora Park; the acquisition, construction, reconstruction, improvement, repair, and equipping of waterworks, water mains, and extensions, and real and personal property, useful for providing potable water to residents of a City, including annual water main replacement, water main extensions, Green Alley water mains and fittings and Airport water main; and the acquisition of peace officer communication equipment and other emergency services communication equipment and systems, including police /emergency /public safety communication software, 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 The Council then considered the proposed action and the extent of objections thereto. • Whereupon, Council Member Jones 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 $4,000,000 GENERAL OBLIGATION BONDS, SERIES 2012E ", and moved that the Resolution be adopted. was, Council Member Connors seconded the motion. The roll was called and the vote AYES: Jones, Lynch, Resnick, Sutton, Braig, Buol, Connors NAYS: Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. 285-12 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $4,000,000 GENERAL OBLIGATION BONDS, SERIES 2012E 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 $4,000,000 General Obligation Bonds, Series 2012E, for the essential corporate purpose of paying costs of the opening, widening, extending, grading, and draining of the right -of -way of streets, highways and avenues, the construction, reconstruction; and repairing of any street improvements, the acquisition, installation, and repair of traffic control devices and the acquisition of real estate needed for any of the 3 foregoing purposes; the acquisition, construction, reconstruction, extension, improvement, and equipping of works and facilities useful for the collection, treatment, and disposal of sewage and industrial waste in a sanitary manner, for the collection and disposal of solid waste, and for the collection and disposal of surface waters and streams, including the 7th Street Storm Sewer, and sanitary forcemain repairs; the rehabilitation and improvement of parks already owned, including the removal, replacement and planting of trees in the parks, and . facilities, equipment, and improvements commonly found in City parks, including improvements for Comiskey Park and Flora Park; the acquisition, construction, reconstruction, improvement, repair, and equipping of waterworks, water mains, and extensions, and real and personal property, useful for providing potable water to residents of a City, including annual water main replacement, water main extensions, Green Alley water mains and fittings and Airport water main; and the acquisition of peace officer communication equipment and other emergency services communication equipment and systems, including police /emergency /public safety communication software, 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; and WHEREAS, pursuant to Section 384.28 of the Code of Iowa, it is appropriate to offer the foregoing Bonds for sale, in the aggregate principal amount as hereinafter described; and WHEREAS, a preliminary form of Official Statement has been prepared for the purpose of offering the Bonds for sale to the public; and WHEREAS, it is appropriate that the form of the preliminary Official Statement be approved and deemed final and, upon completion of the same, that the preliminary Official Statement be used in connection with the offering of the Bonds for sale to the public; and WHEREAS, the Council has received information from its financial advisor recommending that sealed and electronic facsimile and internet bidding be authorized for the sale of the Bonds, and that such procedures will maintain the integrity and security of the competitive bidding process and facilitate the delivery of bids by interested parties; and WHEREAS, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of sealed and electronic facsimile and internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: -4- 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 $4,000,000 General Obligation Bonds, Series 2012E, for the foregoing essential corporate purpose. Section 2. The receipt of electronic bids by facsimile machine and through the PARITY® competitive bidding system described in the Official Statement are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering of the Bonds at public sale. Section 3. That the preliminary Official Statement in the form presented to this meeting be and the same hereby is approved as to form and deemed final for purposes of Rule 15c2 -12 of the Securities and Exchange Commission, subject to such revisions, corrections or modifications as the Finance Director, upon the advice of bond counsel and the City's financial advisor, shall determine to be appropriate, and is authorized to be distributed thereafter in connection with the offering of the Bonds for sale. PASSED AND APPROVED this 15th day of October , 2012. ATTEST: 5 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 day of , 2012. City Clerk, City of Dubuque, State of Iowa (SEAL) 00895400 -1 \10422 -139 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $4,000,000 GENERAL OBLIGATION BONDS, SERIES 2012E, (FOR ESSENTIAL CORPORATE PURPOSES) OF THE CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City of Dubuque, Iowa, will hold a public hearing on the 15th day of October, 2012, at 6:30 o'clock PM, 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 $4,000,000 General Obligation Bonds, Series 2012E, for essential corporate purposes of said City, in order to provide funds to pay costs of the opening, widening, extending, grading, and draining of the right -of -way of streets, highways and avenues, the construction, reconstruction, and repairing of any street improvements, the acquisition, installa- tion, and repair of traffic control devices and the acquisition of real estate needed for any of the foregoing purposes; the acqui- sition, construction, reconstruction, exten- sion, improvement, and equipping of works and facilities useful for the collection, treatment, and disposal of sewage and industrial waste in a sanitary manner, for the collection and disposal of solid waste, and for the collection and disposal of surface waters and streams, including the 7th Street Storm Sewer, and sanitary forcemain repairs; the rehabil- itation and improve- ment of parks already owned, including the removal, replacement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in City parks, including improvements for Comiskey Park and Flora Park; the acquisition, construc- tion, reconstruction, improvement, repair, and equipping of waterworks, water mains, and extensions, and real and personal property, useful for providing potable water to residents of a City, including annual water main replace- ment, water main extensions, Green Alley water mains and fittings and Airport water main; and the acquisition of peace officer communication equipment and other emergency services communication equip -' ment and systems, including police /emer- gency /public safety communication soft- ware. 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 abane to issue don bothnds. proposal This notice is given by order of the City Council of the City of Dubuque, State of I, as provided by Section dwa 384.25 of the City Code of Iowa. 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. Dated this 3rd day of -- October, 2012. Kevin S. Firnstahl City Clerk, City of Dubuque, Iowa It 10/3 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: October 03, 2012, and for which the charge is $43.30. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of 20 Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission I1umbor 154^n885