06 23 99 Skeleton Sheet
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CITY COUNCil, SPECIAL SESSION, JUNE 23, 1999
JOINT SESSION WITH DUBUQUE COUNTY BOARD OF SUPERVISORS
COUNCil MET AT 4:30 P.M. PUBLIC LIBRARY AUDITORUM
PRESENT-MAYOR DUGGAN, COUNCil MEMBERS BUOl, MARKHAM,
MICHALSKI, NICHOLSON, ROBBINS, VOETBERG.
CITY MANAGER MICHAEL VAN MllLlGEN, CORPORATION COUNSEL
BARRY A LINDAHL
ABSENT-Markham, Robbins
Mayor Duggan read the call and stated this is a Special Session of the City
Council called for the purpose to change public hearing for Bee Branch Sewer
Cleaning project and readvertise to bidders for project
Verbal request from City manager recommending to reschedule public hearing
for Bee Branch Sewer Cleaning project to July 19th and authorizing readvertising
for bids for project due to time constraints for bidders.
NAYS
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Joint Meeting with Dubuque County Board of Supervisors nd Durrant Group for
presentation of report on Law Enforcement Center Expansion
1. Report in preliminary design and cost estimate.
2. Summary of funding options prepared by County Attorney
3. Proposal for lease-purchase option for financing of law enforcement
center expansion.
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, June 23, 1999
Joint Session with Dubuque County Board of Supervisors
Council Met at 4:30 P.m. Public Library Auditorium
Present--Mayor Duggan, Council Members Buol, Michalski, Nicholson, Voetberg, City
Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl.
Absent-- Council Members Markham, Robbins.
Mayor Duggan read the call and stated this is a Special Session of the City Council called
for the purpose to change the public hearing for Bee Branch Sewer Cleaning project and
readvertise to bidders for project.
Verbal request from City Manager recommending to reschedule public hearing for Bee
Branch Sewer Cleaning project to July 19th and authorizing readvertising for bids for project due
to time constraints for bidders.
Upon motion approved Manager's recommendation to change the Public Hearing for the
project to July 19, 1999 with completion date to be December 31, 1999.
JOINT MEETING WITH DUBUQUE COUNTY BOARD OF SUPERVISORS AND
DURRANT GROUP FOR PRESENTATION OF REPORT ON LAW ENFORCEMENT CENTER
EXPANSION.
Supervisors Present: Donna Smith, Alan Manternach, and Jim Waller.
1. Report in preliminary design and cost estimate; 2. Summary of funding options
prepared by County Attorney; 3. Proposal for lease-purchase option for financing of law
enforcement center expansion.
Barney Bishop and Norm Wirkler presented the report regarding expansion of the project
indicating proposal provided for closing of Eighth St. from Locust to Central.
Following the presentation the Council stated they would place the matter of closing
Eighth St. on their July 6th Council Meeting.
There being no further business, upon motion meeting adjourned.
bAlMf d ~
Mary Ii.. Davis CMC,
City Clerk
11 7/1
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CITY COUNCil, SPECIAL SESSION, JUNE 23, 1999
JOINT SESSION WITH DUBUQUE COUNTY BOARD OF SUPERVISORS
COUNCil MET AT 4:30 P.M. PUBLIC LIBRARY AUDITOR~,M . r
PRESENT-MAYOR DUGGAN, COUNCil MEMBERS BJ6i, MA~~
MICHA~ NICHOl~ON, R~OE~;G.
CITY MANAGER MICHAEL VAN Mllltc3E~, CORPORATION COUNSEL
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BARRY A. LINDAHL
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Joint Meeting ith Dubuque County Board of Supervisors nd Durrant Group for
presentation of report on law Enforcement Center Expansion
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Report in preliminary design and cost estimate.
2. Summary of funding options prepared by County Attorney
3. Proposal for lease-purchase option for financing of law enforcement
center expansion.
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, June 23, 1999
Joint Session with Dubuque County Board of Supervisors
Council Met at 4:30 P.m. Public Library Auditorium
Present--Mayor Duggan, Council Members Buol, Michalski, Nicholson, Voetberg, City
Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl.
Absent-- Council Members Markham, Robbins.
Mayor Duggan read the call and stated this is a Special Session of the City Council called
for the purpose to change the public hearing for Bee Branch Sewer Cleaning project and
readvertise to bidders for project.
Verbal request from City Manager recommending to reschedule public hearing for Bee
Branch Sewer Cleaning project to July 19th and authorizing readvertising for bids for project due
to time constraints for bidders.
Upon motion approved Manager's recommendation to change the Public Hearing for the
project to July 19, 1999 with completion date to be December 31, 1999.
JOINT MEETING WITH DUBUQUE COUNTY BOARD OF SUPERVISORS AND
DURRANT GROUP FOR PRESENTATION OF REPORT ON LAW ENFORCEMENT CENTER
EXPANSION.
Supervisors Present: Donna Smith, Alan Manternach, and Jim Waller.
1. Report in preliminary design and cost estimate; 2. Summary of funding options
prepared by County Attorney; 3. Proposal for lease-purchase option for financing of law
enforcement center expansion.
Barney Bishop and Norm Wirkler presented the report regarding expansion of the project
indicating proposal provided for closing of Eighth St. from Locust to Central.
Following the presentation the Council stated they would place the matter of closing
Eighth St. on their July 6th Council Meeting.
There being no further business, upon motion meeting adjourned.
~i(D~is~
City Clerk
1t 7/1
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CITY OF DUBUQUE, IOWA
PUBLIC NOTICE OF MEETING
Government Body: CITY COUNCIL
Time: 4:30 O'CLOCK P.M.
Date: WEDNESDAY, JUNE 23. 1999
Place of Meeting: PUBLIC LIBRARY AUDITORIUM
NOTICE IS HEREBY GIVEN that the above identified governmental body will meet
at the time, date and place as set forth above.
The TENTATIVE AGENDA for the meeting is as follows:
Joint Meeting with Dubuque County Board of Supervisors and Durrant Group for
presentation of report on Law Enforcement Center Expansion
1. Report in preliminary design and cost estimate
2. Summary of funding options prepared by County Attorney
3. Proposal for lease-purchase option for financing of law enforcement
center expansion.
This notice is given pursuant to Chapter 21, Code of Iowa, 1997, as
amended, and applicable local regulations of the City of Dubuque, Iowa and/or
governmental body holding the meeting.
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CANYVlSUAi:caR HEARING IMPAIRED PERSONS NEEDING SPECIAL
ASSI~ANeE OR PERSONS WITH SPECIAL ACCESSIBILITY NEEDS SHOULD
CONTACT THE CITY CLERK'S OFFICE AT (319) 589-4120 OR TOO (319) 589-4193
IN THE HUMAN RIGHTS DEPARTMENT AT LEAST 48 HOURS PRIOR TO THE
MEETING.
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* TRANSACTION REPORT *
* JUN-18-99 FRI 01:12 PM *
* *
* BROADCAST *
* *
* DATE START RECE I VER TX TI ME PAGES TYPE NOTE M# DP *
* *
* JUN-18 01: 12 PM FOX 40 37/1 1 SEND OK 669 *
* 01 : n~ PM TH 28/1 1 SEND OK 669 *
* Ul; lU ~11 KDTH 31/1 1 SEND OK 669 *
* 01: II PM WDBQ 28/1 I SEND OK 669 *
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* TOTAL : 2M 4S PAGES: 4 *
* *
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CITY OF DUBUQUE, IOWA
PUBLIC NOTICE OF MEETING
Government Body: CITY COUNCIL
Time: 4:30 O'CLOCK P.M.
Date: WEDNESDAY. JUNE 23. 1999
Place of Meeting: PUBLIC LIBRARY AUDITORIUM
NOTICE IS HEREBY GIVEN that the above identified governmental body will meet
at the time, date and place as set forth above.
The TENTATIVE AGENDA for the meeting is as follows:
Joint Meeting with Dubuque County Board of Supervisors and Durrant Group for
presentation of report on Law Enforcement Center Expansion
1. Report in preliminary design and cost estimate
2. Summary of funding options prepared by County Attorney
CITY OF DUBUQUE, IOWA
PUBLIC NOTICE OF MEETING
Government Body: CITY COUNCIL
Time: 4:30 O'CLOCK P.M.
Date: WEDNESDAY. JUNE 23. 1999
Place of Meeting: PUBLIC LIBRARY AUDITORIUM
NOTICE IS HEREBY GIVEN that the above identified governmental body will meet
at the time, date and place as set forth above.
The TENTATIVE AGENDA for the meeting is as follows:
Joint Meeting with Dubuque County Board of Supervisors and Durrant Group for
presentation of report on Law Enforcement Center Expansion
1. Report in preliminary design and cost estimate
2. Summary of funding options prepared by County Attorney
3. Proposal for lease-purchase option for financing of law enforcement
center expansion.
This notice is given pursuant to Chapter 21, Code of Iowa, 1997, as
amended, and applicable local regulations of the City of Dubuque, Iowa and/or
governmental body holding the meeting.
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~NY ~SUAt'OR HEARING IMPAIRED PERSONS NEEDING SPECIAL
ASSI~AN€E OR PERSONS WITH SPECIAL ACCESSIBILITY NEEDS SHOULD
CONTACT THE CITY CLERK'S OFFICE AT (319) 589-4120 OR TDD (319) 589-4193
IN THE HUMAN RIGHTS DEPARTMENT AT LEAST 48 HOURS PRIOR TO THE
MEETING.
CITY OF DUBUQUE, IOWA
PUBLIC NOTICE OF MEETING
Government Body: CITY COUNCIL
Time: 4:30 O'CLOCK P.M.
Date: WEDNESDAY. JUNE 23. 1999
Place of Meeting: PUBLIC LIBRARY AUDITORIUM
NOTICE IS HEREBY GIVEN that the above identified governmental body will meet
at the time, date and place as set forth above.
The TENTATIVE AGENDA for the meeting is as follows:
Joint Meeting with Dubuque County Board of Supervisors and Durrant Group for
presentation of report on Law Enforcement Center Expansion
1. Report in preliminary design and cost estimate
2. Summary of funding options prepared by County Attorney
3. Proposal for lease-purchase option for financing of law enforcement
center expansion.
This notice is given pursuant to Chapter 21, Code of Iowa, 1997, as
amended, and applicable local regulations of the City of Dubuque, Iowa and/or
governmental body holding the meeting.
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CANY vlSUAt'dR HEARING IMPAIRED PERSONS NEEDING SPECIAL
ASSISTANeE OR PERSONS WITH SPECIAL ACCESSIBILITY NEEDS SHOULD
CONTACT THE CITY CLERK'S OFFICE AT (319) 589-4120 OR TDD (319) 589-4193
IN THE HUMAN RIGHTS DEPARTMENT AT LEAST 48 HOURS PRIOR TO THE
MEETING.
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Clerk
CITY OF DUBUQUE, IOWA
PUBLIC NOTICE OF MEETING
Government Body: CITY COUNCIL
Time: 4:30 O'CLOCK P.M.
Date: WEDNESDAY. JUNE 23.1999
Place of Meeting: PUBLIC LIBRARY AUDITORIUM
NOTICE IS HEREBY GIVEN that the above identified governmental body will meet
at the time, date and place as set forth above.
The TENTATIVE AGENDA for the meeting is as follows:
Joint Meeting with Dubuque County Board of Supervisors and Durrant Group for
presentation of report on Law Enforcement Center Expansion
1. Report in preliminary design and cost estimate
2. Summary of funding options prepared by County Attorney
3. Proposal for lease-purchase option for financing of law enforcement
center expansion.
This notice is given pursuant to Chapter 21, Code of Iowa, 1997, as
amended, and applicable local regulations of the City of Dubuque, Iowa and/or
governmental body holding the meeting.
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!:ANY V'iSUAt'dR HEARING IMPAIRED PERSONS NEEDING SPECIAL
ASSI~ANeE OR PERSONS WITH SPECIAL ACCESSIBILITY NEEDS SHOULD
CONTACT THE CITY CLERK'S OFFICE AT (319) 589-4120 OR TDD (319) 589-4193
IN THE HUMAN RIGHTS DEPARTMENT AT LEAST 48 HOURS PRIOR TO THE
MEETING.
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Clerk
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County Attornev
Fred H. McCaw
Assistant
Connty Attornevs
Ralph R. Potter.
Arst Assistant
TImothy]. Gallagher
Jean A. Becker
Christine Q. Corken
Lyle R. Gallian
Michael ]. Whalen
Mark T. Hostager
Brad P. Walz
A1isha A Stach
Victim and Witness
Assist:mcp.
Barbara A. Manning
Michelle L. Reese
DUBUQUE
COUNTY ATTORNEY
June 17, 1999
RECEIVEDl
,JUN 1 7 1999
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,;jD OF SUPERV!8flfV'~
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Dubuque County Board of Supervisors
Dubuque County Courthouse
720 Central Avenue
Dubuque, IA 52001
Dear Members of the Board:
The purpose of this letter is to describe three options that are available to you
for the financing of a jail expansion project which is expected to exceed
$600,000.00 in cost. You are authorized to use any of the following
procedures.
1. General Obligation Bonds. Under Iowa Code ~331. 441(2)( c )(9),
the construction, addition or extension of a public building where the cost is
expected to exceed $600,000 is a "general county purpose." To finance such
a project, a county is authorized to issue general obligation bonds. Under
~331.442, the issuance of such bonds would require a referendum with a
vote in favor ofthe proposition equal to at least 60% of the votes cast.
2. Joint City-County Authority. Under Iowa Code ~346.27, the city
and county could form a joint authority to construct and operate a jail. The
authority would be a separate public corporation governed by a commission
constituted of three members, one selected by the Board of Supervisors, one
by the City Council and one selected jointly by the Board and the Council.
The authority would have power to acquire the site, demolish buildings,
construct a jail, operate the jail, employ persons and to borrow money and
issue and sell revenue bonds to finance the project. The question of whether
bonds should be issued must be approved by a majority of the voters at a
single countywide election. The bonds would be payable from revenue paid
to the authority by the city and the county under a lease agreement. When
the bonds have been retired, the authority could convey the property to the
local governments. I have enclosed a copy of ~346.27.
3. Lease Purchase Contract. Under Iowa Code ~331.301(10), a
county is authorized to enter into a lease purchase contract for real property.
If the principal amount of the lease purchase contract exceeds $600,000, the
Dubuque County Courthouse, Dubuque, Iowa 52001-7057
(319) 589-4470, Fax (319) 589-4477
4
Dubuque County Board of Supervisors
June 17, 1999
Page Two
Board is required to conduct a public hearing on the proposal to enter into the contract, publishing
notice at least 10 days and not more than 20 days prior to the hearing. After the hearing, a petition
may be filed with the Auditor containing at least 1,000 signatures of registered voters requesting
that the question of entering into the lease purchase contract be submitted to the voters. If such a
petition is presented within 30 days of the hearing, the Board may either abandon the project or call
a special election on the question. The election would be held in the same manner as an election on
the question of the issuance of general obligation bonds under 9331.442. Approval of the question
would require the affirmative vote of 60% of the votes cast on the question.
Under this proposal, the lessor-owner could acquire the land, demolish the existing buildings, and
construct the jail using financing through the issuance of tax exempt certificates of participation
which are available for such a project. The lessor-owner could then enter into a lease purchase
contract with the county under which the county would make lease payments for a fixed term, after
which the title to the building would be conveyed to the county. I have enclosed a copy of
9331.301(10) for your reference.
This is a brief description of the procedures available for financing the jail project. Please let me
know if you have specific questions related to any of these matters.
Very truly yours,
Fred H. McCaw
Dubuque County Attorney
FHM/mes
H:'mes\~doaI~616.doc
JOINT COUNTY AND CITY BUILDINGS
346.26 Repealed by 81 Acts, ch 117, ~ 1097. See ~ 331.441.
346.27 "Authority" for control of joint property.
1. Any joint building acquired, owned, erected, constructed, controlled, or occupied in
accordance with the authorization contained in this section is declared to be acquired, owned,
erected, constructed, controlled, or occupied for a public purpose and as a matter of public need.
2. Any county may join with its county seat to incorporate an "Authority" for the purpose of
acquiring, constructing, demolishing, improving, enlarging, equipping, furnishing, repairing,
maintaining, and operating a public building, and to acquire and prepare the necessary site,
including demolition of any structures, for the joint use of the county and city or any school
district which is within or is a part of the county or city.
3. The incorporation of an authority shall be accomplished by the adoption of articles of
incorporation by the governing body of each incorporating unit. For adoption, the affirmative vote
of a majority of the members of each governing body is required. The articles of incorporation
shall be executed for and on behalf of each incorporating unit by the following officers:
a. For the county, by the chairperson of the board of supervisors.
b. For the city, by its mayor and city clerk.
4. The articles of incorporation shall set forth the name of the authority, the name of the
incorporating units, the purpose for which the authority is created, the number, terms, and manner
of selection of its officers including its governing body which shall be known as the "commission",
the powers and duties of the authority and of its officers, the date upon which the authority
becomes effective, the name of the newspaper in which the articles of incorporation shall be
published, and any other matters.
5. The authority shall be directed and governed by a board of commissioners of three members,
one to be elected by the board of supervisors of the county from the area outside of the county
seat, one to be elected by the council of the city from the area inside the city, and one to be
elected by the joint action of the board of supervisors of the county and the council of the city,
and if the governing bodies are unable to agree upon a choice for the third member within sixty
days of the election of the first member, then the third member shall be appointed by the governor.
The commissioners shall serve for six-year terms. Of the first appointees, the member appointed
by the board of supervisors shall be for a term of two years, the member appointed by the city
council shall be for a term of four years, and the member appointed by the joint action of the
board and council shall be for a term of six years. The board of commissioners shall designate
one of their number as chairperson, one as secretary, and one as treasurer, and shall adopt bylaws
and rules of procedure and provide therein for regular meetings and for the proper safekeeping of
its records. No commissioner shall receive any compensation in connection with services as
commissioner. Each commissioner, however, shall be entitled to reimbursement for any necessary
expenditures in connection with the performance of the commissioner's duties.
6. The articles of incorporation shall be recorded in the office of the county recorder and filed
with the secretary of state, and shall be published once in a newspaper designated in the articles of
incorporation and having a general circulation within the county, and upon such recording and
publication, the authority shall be deemed to come into existence.
1999 Iowa Code
CD-ROM
I
7. Amendments may be made to the articles of incorporation if adopted by the governing body
of each incorporating unit; provided that no amendment shall impair the obligation of any bond or
other contract. Each amendment shall be adopted, executed, recorded and published in the same
manner as specified for the original articles of incorporation.
8. Any incorporating unit may make donations of property, real or personal, including
gratuitous lease, to the authority as deemed proper and appropriate in aiding the authority to
effectuate its purposes.
9. The authority shall be a body corporate with power to sue and be sued in any court of this
state, have a seal and alter the same at its pleasure, and make and execute contracts, leases, deeds,
and other instruments necessary or convenient to the exercise of its powers. In addition, it shall
have and exercise the following public and essential governmental powers and functions and all
other powers incidental or necessary to carry out and effectuate its express powers:
a. To select, locate, and designate an area lying wholly within the territoriallirnits of the county
seat of the county in which the authority is incorporated as the site to be acquired for the
construction, alteration, enlargement, or improvement of a building. The site selected is subject
to approval by a majority of the members of each governing body of the incorporating units.
b. To acquire in the corporate name of the authority the fee simple title to the real property
located within the area by purchase, gift, devise, or by the exercise of the power of eminent
domain, or to take possession of real estate by lease.
c. To demolish, repair, alter, or improve any building within the designated area, to construct a
new building within the area and to furnish, equip, maintain, and operate the building.
d To construct, repair, and install streets, sidewalks, sewers, water pipes, and other similar
facilities and otherwise improve the site.
e. To make provisions for off-street parking facilities.
f To operate, maintain, manage, and enter into contracts for the operation, maintenance, and
management of buildings, and to provide rules for the operation, maintenance and management.
g. To employ and fix the compensation of technical, professional, and clerical assistance as
necessary and expedient to accomplish the objects and purposes of the authority.
h. To lease all or any part of a building to the incorporating units for a period of time not to
exceed fifty years, upon rental terms agreed upon between the authority and the incorporating
units. The rentals specified shall be subject to increase by agreement of the incorporating units
and the authority if necessary in order to provide funds to meet obligations.
i. To procure insurance of any and all kinds in connection with the building. The bidding
procedures provided in section 73A. 18 shall be utilized in the procurement of insurance.
j. To accept donations, contributions, capital grants, or gifts from individuals, associations,
municipal and private corporations, and the United States, or any agency or instrumentality
thereof, and to enter into agreements in connection therewith.
k. To borrow money and to issue and sell revenue bonds in an amount and with maturity dates
not in excess of fifty years from date of issue, to provide funds for the purpose of acquiring,
constructing, demolishing, improving, enlarging, equipping, furnishing, repairing, maintaining, and
operating buildings, and to acquire and prepare sites, convenient therefor, and to pay all incidental
costs and expenses, including, but not limited to architectural, engineering, legal, and financing
expense and to refund and refinance revenue bonds as often as deemed advantageous by the board
of commissioners.
1999 Iowa Code
CD-ROM
2
I. The proVisIons of chapter 73A applicable to other municipalities are applicable to an
authority.
10. After the incorporation of an authority, and before the sale of any issue of revenue bonds,
except refunding bonds, the authority shall submit in a single countywide election to the registered
voters of the city and county, at a general, primary, or special election called for that purpose, the
question of whether an authority shall issue and sell revenue bonds, stating the amount, for any of
the purposes for which it is incorporated. An affirmative vote of a majority of the votes cast on
the proposition is required to authorize the issuance and sale of revenue bonds. A notice of the
election shall be published once each week for at least two weeks in some newspaper published in
the county. The notice shall name the time when the question shall be submitted, and a copy of
the question to be submitted shall be posted at each polling place during the day of election. The
authority shall call this election with the concurrence of both incorporating units, and it shall
establish the voting precincts and polling places, and appoint the election judges, and in so doing
such election procedures shall be in accordance with the provisions of chapters 49 and 50.
11. When the board of commissioners decides to issue bonds subject to the election
requirement, it shall adopt a resolution describing the area to be acquired, the nature of the
existing improvements, the disposition to be made of the improvements, and a general description
of any new buildings to be constructed.
12. The resolution shall set out the limit of the cost of the project, including the cost of
acquiring and preparing the site, determine the period of usefulness and fix the amount of revenue
bonds to be issued, the date or dates of maturity, the dates on which interest is payable, the
sinking fund provisions, and all other details in connection with the bonds. The board shall
determine and fix the rate of interest of any revenue bonds issued, in a resolution adopted by the
board prior to the issuance. The resolution, trust agreement, or other contract entered into with
the bondholders may contain covenants and restrictions concerning the issuance of additional
revenue bonds as necessary or advisable for the assurance of the payment of the bonds authorized.
13. Bonds shall be issued in the name of the authority and are declared to have all the qualities
and incidents of negotiable instruments under the laws of this state.
14. Bonds issued under this section may be issued as serial or term bonds, shall be of such
denomination or denominations and form, including interest coupons to be attached, shall be
payable at such place or places and bear such date as the board of commissioners fix by the
resolution authorizing the bonds, shall mature within a period not to exceed fifty years, and may
be redeemable prior to maturity with or without premium, at the option of the board of
commissioners, upon terms and conditions the board shall fix by the resolution authorizing the
issuance of bonds. The board of commissioners may provide for the registration of bonds in the
name of the owner as to the principal alone or as to both principal and interest upon terms and
conditions the board determines. All bonds issued by an authority shall be sold at a price so that
the interest cost to the commission of the proceeds of the bonds shall not exceed that permitted by
chapter 74A, payable semiannually, computed to maturity, and shall be sold in the manner and at
the time the board of commissioners determines.
15. Bonds issued by an authority, and the interest thereon, shall be payable solely from the
revenues derived from the operation, management, or use of the buildings acquired or to be
acquired by the authority, which revenues shall include payments received under any leases or
other contracts for the use of the buildings. Bonds shall recite that the principal and interest
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thereon are payable only from the revenues pledged, and shall state on their face that they are not
an indebtedness of the authority or a claim against the property of the authority.
16. Bonds shall be executed in the name of the commission by the chairperson of the board of
commissioners or by another officer of the commission as the board, by resolution, may direct,
and be attested by the secretary, or by another officer of the commission as the board, by
resolution, may direct, and shall be sealed with the commission's corporate seal. In case any
officer whose signature appears on the bonds or coupons shall cease to be such officer before
delivery of the bonds, the officer's signature shall be valid and sufficient for all purposes, the same
as if the officer had remained in office until delivery.
17. In its discretion, the authority may issue refunding bonds to refund its bonds prior to their
maturity, refund its outstanding matured bonds, refund matured coupons evidencing interest upon
its outstanding bonds, refund interest at the coupon rate that has accrued upon its outstanding
matured bonds, and refund its bonds which by their terms are subject to call or redemption before
maturity. All bonds redeemed or purchased shall be canceled.
18. To secure the payment of revenue bonds and for the purpose of setting forth the covenants
and undertakings of the authority in connection with the issuance of revenue bonds and the
issuance of any additional revenue bonds payable from such revenue income to be derived from
the operation, management, or use of the buildings acquired or to be acquired by the authority,
the authority may execute and deliver a trust agreement except that no lien upon any physical
property of the authority shall be created.
19. The resolution shall provide for the creation of a sinking fund account into which shall be
payable from the revenues ofthe project, from month to month as such revenues are collected, the
sums in excess of the cost of maintenance and operation of the project and the cost of
administration of the authority, sufficient to comply with the covenants of the bond resolution and
sufficient to pay the accruing interest and retire the bonds at maturity. The board of
commissioners, in a resolution, may provide for other accounts as necessary for the sale of the
bonds. Moneys in the accounts shall be applied in the manner provided by the resolution, the trust
agreement, or other contract with the bondholders.
20. No such bonds shall constitute a debt of the authority or of any public body within the
meaning of any statutory or constitutional limitation as to debt.
21. From and after the issuance of bonds the board of commissioners shall establish and fix
rates, rentals, fees, and charges for the use of any and all buildings or space owned and operated
by the authority, sufficient at all times to pay maintenance and operation costs and to pay the
accruing interest and retire the bonds at maturity and to make all payments to all accounts created
by any bond resolution and to comply with all covenants of any bond resolution.
22. When an incorporating unit enters into a lease with the authority, the governing body of the
incorporating unit shall provide by ordinance or resolution for the levy and collection of a direct
annual tax sufficient to pay the annual rent payable under the lease as and when it becomes due
and payable. The tax shall be levied and collected in like manner with the other taxes of the
incorporating unit and shall be in addition to all other taxes authorized to be levied by that
incorporating unit. This tax shall not be included within and shall be in addition to any statutory
limitation of rate or amount for that incorporating unit. The fund realized from the tax levy shall
be set aside for the payment of the annual rent and shall not be disbursed for any other purpose
until the annual rental has been paid in full.
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23. All leases, contracts, deeds of conveyance, bonds, or other instruments in writing on behalf
of the authority, shall be executed in the name of the authority by the chairperson and secretary of
the authority, or by other officers as the board of commissioners, by resolution, directs, and the
seal of the authority shall be affixed.
24. All property owned by any authority shall be exempt from taxation by the state or any
taxing unit of the state. However, any interest derived from bonds issued by the authority shall be
subject to taxation.
25. When all bonds issued by an authority have been retired, the authority may convey the title
to the property owned by the authority to the incorporating units in accordance with the
provisions therefor contained in the articles of incorporation, or, if none, in accordance with any
agreement adopted by the respective governing bodies of the incorporating units, and the
authority. The proposition of whether a conveyance shall be made shall be submitted to the legal
voters of the city and county, utilizing the election procedures provided for bond issues, and an
affirmative vote equal to at least a majority of the total votes cast on the proposition shall be
required to authorize the conveyance. If the proposition does not carry, the authority shall
continue to operate, maintain, and manage the building under a lease arrangement with the
incorporating units.
[C62, ~ 368.50-368.53; C66, 71, 73, ~ 368.54, 368.55, 368.57-368.71; C75, 77, 79, 81, ~
346.27]
95 Acts, ch 67, ~53
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331.301 GeneJral powers ana limitations.
10. A county may enter into leases or lease-purchase contracts for real or personal property in
accordance with the following terms and procedures:
a. A county shall lease or lease-purchase property only for a term which does not exceed the
economic life of the property, as determined by the board.
b. A lease or lease-purchase contract entered into by a county may contain provisions similar to
those sometimes found in leases between private parties, including, but not limited to, the
obligation of the lessee to pay any of the costs of operation or ownership of the leased property
and the right to purchase the leased property.
c. A provision of a lease or lease-purchase contract which stipulates that a portion of the rent
payments be applied as interest is subject to chapter 74A. Other laws relating to interest rates do
not apply. Chapter 75 is not applicable. A county enterprise is a separate entity under this
subsection, whether it is governed by the board or another governing body.
d The board must follow substantially the same authorization procedure required for the
issuance of general obligation bonds issued for the same purpose to authorize a lease or a
lease-purchase contract made payable from the debt service fund.
e. The board may authorize a lease or lease-purchase contract which is payable from the
general fund and which would not cause the total of lease and lease-purchase payments of the
county due from the general fund of the county in any future year for lease or lease-purchase
contracts in force on the date of the authorization, excluding payments to exercise purchase
options or to pay the expenses of operation or ownership of the property, to exceed ten percent of
the last certified general fund budget amount in accordance with the following procedures:
(1) The board must follow substantially the authorization procedures of section 331.443 to
authorize a lease or lease-purchase contract for personal property which is payable from the
general fund. The board must follow substantially the authorization procedures of section
331.443 to authorize a lease or lease-purchase contract for real property which is payable from
the general fund if the principal amount of the lease-purchase contract does not exceed the
following limits:
(a) Four hundred thousand dollars in a county having a population of twenty-five thousand or
less.
(b) Five hundred thousand dollars in a county having a population of more than twenty-five
thousand but not more than fifty thousand.
( c) Six hundred thousand dollars in a county having a population of more than fifty thousand
but not more than one hundred thousand.
(d) Eight hundred thousand dollars in a county having a population of more than one hundred
thousand but not more than two hundred thousand.
(e) One million dollars in a county having a population of more than two hundred thousand.
(2) The board must follow the following procedures to authorize a lease or lease-purchase
contract for real property which is payable from the general fund if the principal amount of the
lease or lease-purchase contract exceeds the limits set forth in subparagraph (1):
(a) The board must institute proceedings for entering into a lease or lease-purchase contract
payable from the general fund by causing a notice of the meeting to discuss entering into the lease
or lease-purchase contract, including a statement of the principal amount and purpose of the lease
or lease-purchase and the right to petition for an election, to be published as provided in section
331.305 at least ten days prior to the discussion meeting. No sooner than thirty days following
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the discussion meeting shall the board hold a meeting at which it is proposed to take action to
enter into the lease or lease-purchase contract.
(b) If at any time before the end of the thirty-day period after which a meeting may be held to
take action to enter into the lease or lease-purchase contract, a petition is filed with the auditor in
the manner provided by section 331.306, asking that the question of entering into the lease or
lease-purchase contract be submitted to the registered voters of the county, the board shall either
by resolution declare the proposal to enter into the lease or lease-purchase contract to have been
abandoned or shall direct the county commissioner of elections to call a special election upon the
question of entering into the lease or lease-purchase contract. However, for purposes of this
subparagraph, the petition shall not require signatures in excess of one thousand persons. The
question to be placed on the ballot shall be stated affirmatively in substantially the following
manner: Shall the county of............ enter into a lease or lease-purchase contract in an amount of
$............ for the purpose of ............? Notice of the election and its conduct shall be in the
manner provided in section 331.442, subsections 2 through 4.
(c) If a petition is not filed or if a petition is filed and the proposition of entering into a lease or
lease-purchase contract is approved at the election, the board may proceed and enter into the
lease or lease-purchase contract.
f The governing body may authorize a lease or lease-purchase contract payable from the net
revenues of a county enterprise or combined county enterprise by following the authorization
procedures of section 331.464.
g. A lease or lease-purchase contract to which a county is a party or in which a county has a
participatory interest is an obligation of a political subdivision of this state for the purposes of
chapters 502 and 636, and is a lawful investment for banks, trust companies, building and loan
associations, savings and loan associations, investment companies, insurance companies,
insurance associations, executors, guardians, trustees, and any other fiduciaries responsible for the
investment offunds.
h. Property that is lease-purchased by a county is exempt under section 427.1, subsection 2.
i. A contract for construction by a private party of property to be leased or lease-purchased by
a county is not a contract for a public improvement under section 331.341, subsection 1.
However, if a lease-purchase contract is funded in advance by means of the lessor depositing
moneys to be administered by a county, with the county's obligation to make rent payments
commencing with its receipt of moneys, a contract for construction of the property in question
awarded by the county is a public improvement and is subject to section 331.341, subsection 1.
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ANALYSIS OF LEASE PURCHASE FINANCING
WITH CERTIFICATES OF PARTICIPATION
DUBUQUE CITYICOUNTY LEC, DUBUQUE, IOWA
JUNE 23. 1999
ESTIMATED PROJECT COST
Building Cost::
Site Development:
10.00% Contingency:
$5.143,087.00
190,672.00
533.376.00
Total:
(Does not include site acquisition, demolition,
fees, equipment, etc.)
PROJECT CONSTRUCTION FUND
(includes Construction, AE, Development)
Additional finance cost & reserve adds:
110%:
Estimated face amount of bonds
including reserve fund and expenses:
$6,453,849.27
Method of Financing:
COP
Estimated Effective Rate:
5.30%
Years
20
$531,127.99
5.00%
$504,571.59
* Does not include the cost of marketing the G. O.
bond issue nor election cost(s).
Payment
Less Bond Reserve Refund
CONTRACT REVENUE US MARSHALL OR INS
RatelDay
Average Number of Beds
$70.00
10
Annual Revenue
(will escalate annually with CPI)
$255,500.00
ANNUAL COST TO COUNTY
$249,071.59
$5,867,135.00
$5,867,135.70
110%
$6,453,849.27
G.O.
4.90%
20
$513,491.60
5.00%
$487,817.02*
$255,500.00
$232,317.02
This analysis is prepared for comparative purposes only; actual interest rates and
payments will vary depending on the capital markets at the time the financing
proceeds.
~.
MARYDAVlS
NOTICE OF MEETING OF DUBUQUE COUNTY BOARD OF SUPERVISORS
AND DUBUQUE CITY COUNCIL
DATE OF MEETING:
Wednesday, June 23,1999
PLACE OF MEETING:
AUDITORIUM, CARNEGIE STOUT LIBRARY
DUBUQUE, lOW A
TIME OF MEETING:
4:30 p.m.
TENTATIVE AGENDA
Meeting of Board of Supervisors with Dubuque City Council with Sheriff Leo Kennedy, Police
Chief John Mauss, and Durrant Group for presentation of report on Law Enforcement Center
Expansion
1. Report on preliminary design and cost estimate
2. Summary of funding options prepared by County Attorney
3. Proposal for lease-purchase option for financing oflaw enforcement center expansion
If you require the assistance of auxiliary aids or services to participate in this meeting
because of a disability, immediately call the County Auditor's Office at 589-4499 or the
County Personnel Office at 589-4445. If you are hearing impaired, call Relay Iowa
TTY at 1-800-735-2942.
.
NOTICE OF MEETING OF DUBUQUE COUNTY BOARD OF SUPERVISORS
AND DUBUQUE CITY COUNCIL
DATE OF MEETING:
Wednesday, June 23,1999
PLACE OF MEETING:
AUDITORIUM, CARNEGIE STOUT LIBRARY
DUBUQUE, IOWA
TIME OF MEETING:
4:30 p.m.
TENTATIVE AGENDA
Meeting of Board of Supervisors with Dubuque City Council with Sheriff Leo Kennedy, Police
Chief John Mauss, and Durrant Group for presentation of report on Law Enforcement Center
Expansion
1. Report on preliminary design and cost estimate
2. Summary of funding options prepared by County Attorney
3. Proposal for lease-purchase option for financing oflaw enforcement center expansion
If you require the assistance of auxiliary aids or services to participate in this meeting
because of a disability, immediately call the County Auditor's Office at 589-4499 or the
County Personnel Office at 589-4445. If you are hearing impaired, call Relay Iowa
TTY at 1-800-735-2942.