G.O. Bonds 2,900,000 Stormwater
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MEMORANDUM
February 28,2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Proceedings to Set Public Hearing on the Issuance of General Obligation
Bonds
Finance Director Ken TeKippe is recommending that a public hearing be set for
March 20, 2006 to issue not to exceed $2,900,000 in General Obligation Bonds to
support stormwater projects.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(l1c4 (-~ flt~
Mic~ael C. Van Milligen
-
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Kenneth J. TeKippe, Finance Director
"
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Memorandum
TO: Michael C. Van Milligen, City Manager
Kenneth J TeKippe, Finance Director ~ J - C;; ~
SUBJECT: Proceedings to Set Public Hearing on the Issuance of General Obligation
Bonds
FROM:
DATE:
February 22, 2006
The purpose of this memorandum is to recommend the setting of a public hearing on
the proposal to issue General Obligation Bonds to support stormwater projects which
were included in the adopted FY'06 CIP budget. Although we are selling General
Obligation Bonds to support the project, repayment of the debt will be from stormwater
utility fees.
The requested action step for City Council is to adopt the attached resolution fixing the
date of March 20, 2006 for a public hearing on the proposition of selling not to exceed
$2,900,000 in General Obligation Bonds (for an essential corporate purpose) of
Dubuque, Iowa and providing for publication of notice. A letter from attorney William
Noth detailing information on the bond hearing is enclosed.
KJT/jmg
Enclosures
cc: Barry Lindahl, Corporation Counsel
Dawn Lang, Budget Director
Jeanne Schneider, City Clerk
AHLERS dsCOONEY, P.C.
ATTORNEYS AT LAW
100 COURT AVENUE. SUITE 600
OES MOINES, IOWA 50309-2231
PHONE 515-243-7611
FAX, 515-243-2149
WWW.AHLERSLAW.COM
WILLIAM J, NOTH
WNOTHOAHLERSLAW,COM
Direct Dial:
1515)246-0332
February 13, 2006
Mr. Ken TeKippe
Finance Officer
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001-4864
RE: Not to exceed $2,900,000 General Obligation Bonds
Dear Mr. TeKippe:
We have now prepared and are enclosing herewith 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 said public meeting on the issuance of
said 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.
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.
WISHARD & BAILY - '888: GUERNSEY & BAllY - 1893: BAllY & STIPP ~ 1901; STIPP. PERRY. BANNISTER & STARZINGER - 1914: BANNISTER, CARPENTER,
AHLERS & CoONEY - 1950: AHLERS, CoONEY. DORWEllER. ALLBEE. HAYNIE & SMI1ll - 1974: AHLERS, CooNEY, DORWEILER. HAYNIE, SMITH & ALLBEE, P,C. - 1990
February 13,2006
Page 2
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 said 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 said Bonds or to
abandon the proposal to issue said Bonds.
The Council is required by statute to adopt the resolution instituting proceedings to
issue the Bonds at the hearing--or an adjournment thereof.
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.
Yours very truly,
~
William J. Noth
WJN:dc
encI.
cc: Tionna Pooler (w/encI.)
Barry Lindahl (w/encI.)
DCORNELL\482603.1 \ WP\ 10422071
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body:
The City Council of Dubuque, Iowa.
Date of Meeting:
,2006.
Time of Meeting:
o'clock .M.
Place of Meeting:
Auditorium, Carnegie-Stout Public Library, 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 said
meeting is as follows:
Not to exceed $2,900,000 General Obligation Bonds.
. Resolution fixing date for a meeting on the proposition to issue.
Such additional matters as are set forth on the additional 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 said governmental body.
City Clerk, Dubuque, Iowa
,2006
The City Council of Dubuque, Iowa, met in
Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at
the above date. There were present Mayor
and the following named Council Members:
session, in the
o'clock .M., on
, in the chair,
Absent:
* * * * * * *
-1-
Council Member introduced the following Resolution
entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION
OF THE ISSUANCE OF NOT TO EXCEED $2,900,000 GENERAL OBLIGATION
BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF DUBUQUE, IOWA, AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same
be adopted. Council Member seconded the motion to adopt.
The roll was called and the vote was,
AYES:
NAYS:
Whereupon, the Mayor declared the resolution duly adopted as follows;
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED
$2,900,000 GENERAL OBLIGATION BONDS (FOR
ESSENTIAL CORPORATE PURPOSES) OF DUBUQUE,
IOWA, AND PROVIDING FOR PUBLICATION OF
NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa,
should issue General Obligation Bonds to the amount of not to exceed $2,900,000, as
authorized by Section 384.25, of the City Code ofIowa, for the purpose of providing
funds to pay costs of carrying out essential corporate purpose projects as hereinafter
described; and
WHEREAS, before said Bonds may be issued, it is necessary to comply with the
provisions of said 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 said City to such action.
-2-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section I. That this Council meet in the Auditorium, Carnegie-Stout Public
Library, Dubuque, Iowa, at o'clock .M., on the day of
,2006, for the purpose of taking action on the matter of the
issuance of not to exceed $2,900,000 General Obligation Bonds for essential corporate
purposes of said City, the proceeds of which Bonds will be used to provide funds to pay
costs of the acquisition, construction and installation of storm water and storm sewer
utility facilities and improvements, including the 32nd Street Detention Basin
construction, Bee Branch land acquisition, North Fork Catfish Creek Ditch and Culvert
construction, and other storm sewer, stream bank and detention basin improvements.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in said City, said
publication to be not less than four clear days nor more than twenty days before the date
of said public meeting on the issuance of said Bonds.
Section 3. The notice of the proposed action to issue said Bonds shall be in
substantially the following form:
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NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED
ISSUANCE OF NOT TO EXCEED $2,900,000 GENERAL
OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES)
OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa,
will hold a public hearing on the day of , 2006, at
o'clock _.M., in the Auditorium, Carnegie-Stout Public Library, Dubuque,
Iowa, at which meeting the Council proposes to take additional action for the issuance of
not to exceed $2,900,000 General Obligation Bonds for essential corporate purposes of
said City, in order to provide funds to pay costs of the acquisition, construction and
installation of stormwater and storm sewer utility facilities and improvements, including
the 32nd Street Detention Basin construction, Bee Branch land acquisition, North Fork
Catfish Creek Ditch and Culvert construction, and other storm sewer, stream bank and
detention basin improvements.
At the above meeting the Council shall receive oral or written objections from any
resident or property owner of said 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 said Bonds or will abandon the proposal
to issue said Bonds.
This notice is given by order of the Council of Dubuque, Iowa, as provided by
Section 384.25 of the City Code ofIowa.
Dated this
day of
,2006.
City Clerk of Dubuque, Iowa
(End of Notice)
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PASSED AND APPROVED this
2006.
day of
Mayor
ATTEST:
City Clerk
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CIG-3
CERTIFICATE
STATE OF IOWA
)
) SS
)
COUNTY OF DUBUQUE
I, the undersigned City Clerk of Dubuque, Iowa, do hereby certifY that attached is
a true and complete copy of the portion ofthe corporate records of said Municipality
showing proceedings of the Council, and the same is a true and complete copy of the
action taken by said Council with respect to said 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 said 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 said 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 said 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 said Municipality hereto affixed this
day of , 2006.
City Clerk, Dubuque, Iowa
SEAL
DCORNELL \482447.1 \ WP\1 042207 )
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CIG-18
2-91
STATE OF IOWA )
) SS
COUNTY OF DUBUQUE)
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
said City, I have caused a
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO
EXCEED $2,900,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL
CORPORATE PURPOSES) OF SAID CITY, 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 said Notice was published in said newspaper in all of the issues thereof
published and circulated on the following date:
,2006
WITNESS my official signature at Dubuque, Iowa, this
,2006.
day of
City Clerk
(SEAL)
DCORNELL\482449.I\WP\1042207\