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Bonds - Stormwater Proj. 2,900,000 DU~~E ~ck~ MEMORANDUM March 14,2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Proceedings for Public Hearing on the Issuance of General Obligation Bonds Finance Director Ken TeKippe recommends that the City Council approve the "Resolution Instituting Proceedings to Take Additional Action for the Issuance of Not to Exceed $2,900,000 General Obligation Bonds" to support stormwater projects. I concur with the recommendation and respectfully request Mayor and City Council approval. /2ZJ! 1t~.nlL Michael C. Van Milligen - MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Kenneth J. TeKippe, Finance Director r" "\ , . .:\ \.,_.1___, ~~~E ~ck~ Memorandum TO: Michael C. Van Milligen, City Manager FROM: Kenneth J. TeKippe, Finance Director ~~;.(/;~ SUBJECT: Proceedings for Public Hearing on the Issuance of General Obligation Bonds DATE: March 14,2006 The purpose of this memorandum is to provide the suggested proceedings for the public hearing on the issuance of General Obligation Bonds for Stormwater projects as prepared by our 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 $2,900,000 General Obligation Bonds." Although we are selling General Obligation Bonds to support the project, repayment of the debt will be from stormwater utility fees. The proceedings have been prepared on the basis that no objections will be filed with the City Clerk. If there are objections, we will need to summarize them. The Mayor will then declare the hearing on the issuance of said Bonds to be closed. Immediately following, a resolution is to be introduced and adopted entitled "Resolution Instituting Proceedings to Take Additional Action for the Issuance of Not to Exceed $2,900,000 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. KT/jg Attachments cc: Barry Lindahl, Corporation Counsel Dawn Lang, Budget Director Jeanne Schneider, City Clerk AHLERS &COONEY, P.C. ATTORNEYS AT LAW 100 COURT AVENUE' SUITE 600 DES MOINES, IOWA 50309-2231 PHONE 515-243-7611 FAX. 515-243-2149 WWW.AHlERSlAW.COM WilLIAM J, NOTH WNOTHOAHlERSLAW,COM Direct Di81: (5151246-0332 March 7, 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 Not to exceed $3,730,000 General Obligation Refunding Bonds Not to exceed $910,000 General Obligation Urban Renewal Bonds Dear Mr. TeKippe: With this letter I am enclosing suggested proceedings to be acted upon by the Council on March 20, 2006, the date fixed for the hearings on the issuance of the above mentioned Bonds, pursuant to the provisions of Code Sections 384.25 and 403.12. A total of three hearings will be held. For the sake of clarity, I will separately describe the steps relating to each of them: Not to exceed $2,900,000 General Obligation Bonds (Stormwater imDrovements) Not to exceed $3,730,000 General Oblieation Refundine Bonds In each case, the proceedings for these proposals have been prepared on the basis that no objections will be filed with the City Clerk. If there are objections, please summarize them in the space provided. The Mayor will then declare the hearing on the issuance of said Bonds to be closed. Immediately following, a resolution is to be introduced and adopted instituting proceedings to take additional action for the issuance of the Bonds. WISHARD & BAILY-l8B8, GUERNSEY & BAILY ~ 18931 BAlLY & STIPP -1901; STIPP. PERRY, BANNISTER & STARZINGER-1914, BANNISTER. CARPENTER, AHLERS & CooNEY - 1950, AHLERS. COONEY. DORWEILER. ALLBEE. HAYNIE & SMITH - 1914; AHLERS, CooNEY. DORWEILER. HAYNIE. SMITH & ALLBEE. P.C. - 1990 March 7, 2006 Page 2 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 suggest that, in this event, a motion merely be adopted to the effect that such Bond proposal is abandoned. 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. Not to exceed $910,000 General Obligation Urban Renewal Bonds (Greater Downtown Urban Renewal District) These proceedings have been prepared on the basis that no petition will be filed with the City Clerk, asking that the question of issuing the Bonds be submitted to the qualified electors of the City. Following the opportunity for objections to be made, the Mayor will then declare the hearing on the issuance of said Bonds to be closed. Immediately following, a resolution is to be introduced and adopted instituting proceedings to take additional action. If a valid petition is filed on the proposal, we should be notified immediately since the enclosed proceedings will have to be revised to cover the action taken by the Council in either declaring the proposal to issue the Bonds to have been abandoned or the directions of the Council to the County Commissioner to call a special election upon the question of issuing 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. 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 suggest that, in this event, a motion merely be adopted to the effect that such Bond proposal is abandoned. In the case of each of the three Bond proposals, 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 March 7, 2006 Page 3 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. Resolution directing advertisement of Bonds for sale Also enclosed are suggested proceedings to direct the advertisement of Bonds for sale, in the aggregate principal amount of $7,295,000, and to approve the form of Notice of Bond Sale. Under the schedule proposed, these proceedings should be considered immediately following the public hearings and adoption of the three (3) resolutions taking additional action. The Notice of Bond Sale assumes that the sale will be set for 11 :00 A.M. on April 3, 2006. The Notice also assumes that the Council will meet on April 3, 2006 to award the Bonds to the best bidders. If any of those details need to be revised, please let me know. The procedure assumes that your financial consultant has recommended to the Council that electronic bidding procedures be utilized for this bond sale. Based upon this recommendation, the Iowa Code requires that the Council make a finding that the recommended procedure will provide reasonable security and maintain the integrity of the competitive bidding process and facilitate the delivery of bids by interested parties under the circumstances of the particular sale. The proceedings enclosed are prepared on the basis that the Council will agree with the recommendation and make the necessary findings. The Notice of Bond Sale must be published at least one time. The sale may be held at any time, but not less than four days following the date of the last publication. An extra copy of the notice is enclosed for use by the newspaper. As always, extra copies of the proceedings are enclosed to be filled in as the originals and certified back to this office, together with publisher's affidavit covering publication of the Notice of Bond Sale. . . March 7, 2006 Page 4 If any questions arise, please keep me advised. Yours very truly, ~ William J. Noth WJN:dc encl. cc: Tionna Pooler Barry Lindahl DCORNELLI484 \ 17. IIWPl1042207 \ (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. . Public hearing on the issuance. . Resolution instituting proceedings to take additional action. 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 The City Council of Dubuque, Iowa, met in Carnegie-Stout Public Library, Dubuque, Iowa, at date. There were present Mayor following named Council Members: Absent: ******* -1- ,2006 session, in the Auditorium, o'clock _.M., on the above , in the chair, and the 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 $2,900,000 General Obligation Bonds 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, essential corporate purposes, and that notice of the proposed action by the Council to institute proceedings for the issuance of said 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 said Bonds. The Clerk advised the Mayor and the Council that written objections had been filed. The Mayor then called for oral objections to the issuance of said Bonds and 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 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 $2,900,000 GENERAL OBLIGATION BONDS", and moved: D that the Resolution be adopted. D to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of Bonds to the meeting to be held at o'clock .M. on the day of , 2006, at this place. Council Member called and the vote was, seconded the motion. The roll was AYES: NAYS: Whereupon, the Mayor declared the measure duly adopted. RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $2,900,000 GENERAL OBLIGATION BONDS 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 $2,900,000 General Obligation Bonds for essential corporate purposes of paying 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, and -3- has considered the extent of objections received from residents or property owners as to said proposed issuance of Bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. 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 $2,900,000 General Obligation Bonds for the foregoing essential corporate purposes. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, ail or a portion of original expenditures incurred in connection with the above purpose. PASSED AND APPROVED this day of 2006. Mayor ATTEST: City Clerk -4- 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 ofIowa, 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\482763.I\WP\10422071 -5-