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Bond Sale $1,000,000MEMORANDUM January 31,2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Proceedings for Public Hearing on the Issuance of General Obligation Bonds Finance Director Ken TeKippe recommends that the City proceed with the process for the issuance of General Obligation Bonds in the amount not to exceed $1,000,000 for the Main Street Reconstruction Project from 5th Street to 9th Street. The actual sale of the bonds would take place on February 20, 2002. As previously approved, the source of repayment for these bonds will be tax increment financing from the Downtown Urban Renewal District. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Kenneth J. TeKippe, Finance Director CITY OF DUBUQUE, IOWA MEMORANDUM January 25, 2002 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Kenneth J. TeKippe, Finance Director Proceedings for Public Hearing on the Issuance of General Obligation Bonds The purpose of this memorandum is to provide the suggested proceedings for the public headng on the issuance of General Obligation Bonds for the Main Street Reconstruction Project- 5th to 9th Streets 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 $1,000,000 General Obligation Bonds." 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 $1,000,000 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. Bond Counsel William Noth has also prepared suggested proceedings to direct the advertisement of Bonds for sale, in the principal amount of $1,000,000 and to approve the form of Notice of Bond Sale (attached). Under the schedule proposed, these proceedings should be considered following the public hearing and adoption of the resolution taking additional action, with the sale date set for February 20, 2002. KT/gm Attachments cc: Barry Lindahl, Corporation Counsel Pauline Joyce, Administrative Services Manager Jeanne Schneider, City Clerk (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Govermnental Body: Date of Meeting: Time of Meeting: Place of Meeting: The City Council of Dubuque, Iowa. ,2002. o'clock .M. 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 $1,000,000 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 roles of said governmental body. City Clerk, Dubuque, Iowa ,2002 The City Council of Dubuque, Iowa, met in Carnegie-Stout Public Library, Dubuque, Iowa, at date. There were present Mayor following named Council Members: session, in the Auditorium, o'clock__.M., on the above ., in the chair, and the . 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 $1,000,000 General Obligation Bonds in order to provide funds to pay costs of construction and reconstruction of street, sidewalk, utility and streetscape improvements relating to the opening of Main Street from 5th to 9th Streets, an essential corporate purpose, 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 Markham 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 $1,000,000 GENERAL OBLIGATION BONDS", and moved: that the Resolution be adopted. 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 , 2002, at this place. Council Member called and the vote was, Nicholson seconded the motiOn. The roll was AYES: Connors, Markham, Michalski, Nicholson, Buol, Cline NAYS: Duggan Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. 43-02 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $1,000,000 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 $1,000,000 General Obligation Bonds for the essential corporate purpose of paying costs of construction and reconstruction of street, sidewalk~ utility and streetscape improvements relating to the opening of Main Street from 5th to 9th Streets, and has considered the extent of objections received from residents or -3- 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 TIIE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 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 $1,000,000 General Obligation Bonds for the foregoing essential corporate purpose. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said Bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said Bonds on a basis favorable to the City and acceptable to the Council. 2002. ATTEST: PASSED AND APPROVED this 4th day of February /s/ Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk - CIG-3 9/91 CERTIFICATE STATE OF IOWA COUNTY OF DUBUQUE ) ) ss ) I, the undersigned City Clerk of Dubuque, Iowa, do hereby certify that attached is a true and complete copy of the portion of the 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 ail 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 ,2002. SEAL DCORNELL\306553\l \10422058 City Clerk, Dubuque, Iowa -5- (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: The City Council of Dubuque, Iowa. ,2002. o'clock .M. 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: $1,000,000 General Obligation Bonds, Series 2002B · Resolution directing the advertisement for sale. Such additional matters as are set forth on the additionalpage(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 ,2002 The City Council of Dubuque, Iowa, met in Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at __ the above date. There were present Mayor following named Council Members: session, in the o'clock __.M., on ., in the chair, and the · Absent: -I- Council Member Markham introduced the following Resolution entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $1,000,000 GENERAL OBLIGATION BONDS, SERIES 2002B" and moved its adoption. Council Member Nicholson seconded the Resolution to adopt. The roll was called and the vote was, AmS: Connors, Markham, Michalski, Nicholson, Buol, Cline NAYS: Duggan Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 44-02 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $1,000,000 GENERAL OBLIGATION BONDS, SERIES 2002B WHEREAS, the City of Dubuque, Iowa, is in need of funds to pay costs of construction and reconstruction of street, sidewalk, utility and streetscape improvements relating to the opening of Main Street from 5th to 9th Streets, an essential corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of not to exceed $1,000,000 as authorized by Section 384.25 of the City Code of Iowa; and WHEREAS, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and heating upon the proposal to institute proceedings for the issuance of the above described bonds, and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said bonds, and that such action is considered to be in the best interests of said City and the residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: -2- Section 1. That the Bonds hereinafter described be offered at public sale, pursuant to advertisement as required by law. Section 2. That the Clerk is hereby directed to publish notice of sale of said Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Telegraph Herald, a legal newspaper, printed wholly in the English language, published within the county in which the Bonds are to be offered for sale or an adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 20th dayof February ,2002, at 6:15 o'clock P.M., will hold a meeting to receive and act upon bids for said Bonds; said notice to be in substantially the following form: -3- NOTICE OF BOND SALE Time and Place of Sealed Bids: Sealed bids for the sale of Bonds of the City of Dubuque, Iowa, will be received at the office of the City Clerk, in the City of Dubuque, Iowa (the "Issuer") at 11: 00 o'clock A .M., on the 20th day of February ,2002. The bids will then be publicly opened and referred for action to the meeting of the City Council as stated below. Sale and Award: The sale and award of the Bonds will be held at the Auditorium, Carnegie-Stout Public Library at a meeting of the City Council on the above date at 6:15 o'clock p .M. The Bonds: The Bonds to be offered are the following: GENERAL OBLIGATION BONDS, SERIES 2002B, in the mount of $1,000,000, to be dated March 1, 2002 (the "Bonds"). Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the City Clerk, 50 W. 13th Street, Dubuque, Iowa 52001 (telephone: 563/589-4100) or the financial advisor to the City, Evensen-Dodge, Inc., 100 Court Avenue, Suite 203, Des Moines, Iowa 50309 (telephone: 515/282-6138). Terms of Offering: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Legal Opinion: Said Bonds will be sold subject to the opinion ofAhlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed Bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the Bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in coonection with the sale, issuance or marketing of the Bonds. -4- Rights Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Dubuque, Iowa. City Clerk of the City of Dubuque, Iowa Jeanne F. Schneider (End of Notice) -5- PASSED AND APPROVED this ATTEST: 4th day of February, 2002. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk -6- CIG-3 9/91 CERTIFICATE STATE OF IOWA COUNTY OF DUBUQUE ) ) ss ) I, the undersigned City Clerk of Dubuque, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a tree 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 2t, 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 2002. SEAL DCORNELLX306556\ 1 \ 10422058 City Clerk, Dubuque, Iowa -7- MEMORANDUM January 15, 2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Bond Sale to Support Main Street Reconstruction Project Finance Director Ken TeKippe recommends the sale of General Obligation Bonds to support the Main Street Reconstruction Project - 5th to 9th Streets. Although we are selling General Obligation Bonds to support the project, repayment of the debt will be from Downtown TIF District revenues. It is further recommended that a public hearing be set for February 4, 2002, on the proposition of selling not to exceed $1,000,000 in General Obligation Bonds. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Kenneth J. TeKippe, Finance Director CITY OF DUBUQUE, IOWA MEMORANDUM TO: FROM: SUBJECT: DATE: Michael C. Van Milligen, City Manager Bond Sale to Support Main Street Reconstruction Project January 14, 2002 The purpose of this memorandum is to recommend the sale of General Obligation Bonds to support the Main Street Reconstruction Project - 5th to 9th Streets. Although we are selling General Obligation Bonds to support the project, repayment of the debt will be from Downtown TIF District revenues. 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. The requested action steps for City Council is to adopt the attached resolution fixing the date for February 4, 2002 for a public hearing on the proposition of selling not to exceed $1,000,000 in General Obligations Bonds (for an essential corporate purpose) of Dubuque, Iowa and providing for publication of notice thereof. KJT/gmm Attachments cc: Barry Lindahl Pauline Joyce Jeanne Schneider (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Govemmental Body: Date of Meeting: Time of Meet'mg: Place of Meeting: The City Council of Dubuque, Iowa. 2002. o'clock .M. 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 meet'rog is as follows: Not to exceed $1,000,000 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 ,2002 The City Council of Dubuque, Iowa, met in Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at on the above date. There were present Mayor chair, and the following named Council Members: session, in the o'clock __.M., , in the 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 $1,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) 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: NAY S: 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 $1,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) 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 $1,000,000, as authorized by Section 384.25 of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, before 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 ,2002, for the purpose of taking action on the matter of the issuance of not to exceed $1,000,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of construction and reconstruction of street, sidewalk, utility and streetscape improvements relating to the opening of Main Street from 5th to 9th Streets. Section 2. That the Clerk is hereby directed to cause at least one publication to be made ora 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: NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $1,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) 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 ,2002, 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 $1,000,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of construction and reconstruction of street, sidewalk, utility and streetscape improvements relating to the opening of Main Street from 5th to 9th Streets. 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 of Iowa. Dated this day of ,2002. City Clerk of Dubuque, Iowa (End of Notice) PASSED AND APPROVED this day of 2002. Mayor ATTEST: City Clerk -5- CIG-3 9/91 CERTIFICATE STATE OF IOWA COUNTY OF DUBUQUE ) ) ss ) I, the undersigned City Clerk of Dubuque, Iowa, do hereby certify that attached is a true and complete copy of the porti°n of the corporate records of said Municipality showing proceedings of the Council, and the same is a tree 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 ,2002. SEAL DCORN ELL\306543\10422058 City Clerk, Dubuque, Iowa -6- COMPLETE AND RETURN TO MR. NOTH (This Notice to be posted) NOTICE A_ND CALL OF PUBLIC MEETING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: The City Council of Dubuque, Iowa. ,, 2002. o'clock .M. 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 $1,000,000 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 ,2002 The City Council of Dubuque, Iowa, met in Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at on the above date. There were present Mayor chair, and the following named Council Members: session, in the o'clock __.M., , in the 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 $1,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) 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 $1,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) 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 $1,000,000, as authorized by Section 384.25 of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, before 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at o'clock __.M., on the day of ,2002, for the purpose of taking action on the matter of the issuance of not to exceed $1,000,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of construction and reconstruction of street, sidewalk, utility and streetscape improvements relating to the opening of Main Street from 5th to 9th Streets. 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: -3- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $1,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEAR1NG ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public heating on the day of ,2002, 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 $1,000,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of construction and reconstructiOn of street, sidewalk, utility and streetscape improvements relating to the opening of Main Street from 5th to 9th Streets. 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 adjottrnment 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 of Iowa. Dated this day of ,2002. City Clerk of Dubuque, Iowa (End of Notice -4- PASSED AND APPROVED this 2002. day of ATTEST: Mayor City Clerk CIG-3 9/91 CERTIFICATE STATE OF IOWA COUNTY OF DUBUQUE ) )ss ) I, the undersigned City Clerk of Dubuque, Iowa, do hereby certify that attached is a true and complete copy of the portion of the 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 ,2002. SEAL DCORNELL\306543\10422058 City Clerk, Dubuque, Iowa 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 Tt-IE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED- ISSUANCE OF NOT TO EXCEED $1,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) 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 ail of the issues thereof published and circulated on the following date: ,2002 WITNESS my official signature Dubuque, Iowa, this 2002. day of (SEAL) City Clerk DCORNELL\306546\10422058 COMPLETE AND RETURN T0 MR. NOTH 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 PROPOSED ISSUANCE OF NOT TO EXCEED $1,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) 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: 2002 WITNESS my officialsignatureatDubuque, Iowa this ,2002. day of (SEAL) City Clerk DCORNELL\306546\10422058 AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. ATTORNEYS AT LAW 100 COURT AVENUE, SUITE 600 DES MOINES, IOWA 50309-2231 http:/www.ahlerslaw.corn TELEPHONE 515-243-7611 TELECOPIER 515-243-2149 KENNETH H, HAYNIE WILLIAM J. NOTH STEVEN L. SERCK 0f COUNSEL JOHN F. MCKINNEY, JR. DAVID SWINTON STEVEN M. NADEL PAUL F. AHLERS RICHARD G. SANTI LINDA E. KNIEP ELIZABETH A. GROB H. RICHARD SMITH EDGAR H. BrITLE JOHN D. HINTZE JENNIFER A. CLENDENIN ROBERT G. ALLBEE RONALD L. SUTPHIN PETER PASHLER PAIR]CIA A. WESTEMEYER DOUGLAS R. SMITH LANCE A. COPPOCK IVAN T. WEBBER NATHAN J. OVD~BE RG DAVID H. LDGINBILL JANE B. MCALLISTE R DANIELLE J. JESS MARK W. BEERMAN JAMES C. HANKS JAMES R. WAINWRIGHT EDWARD W. REMSBURG R_ MAP~ CORY ]. ERIC BOEHLERT PHILIP J. DORWEILERi Retired January 22, 2002 Ms. Pauline Joyce Administrative Services Manager City of Dubuque 50 W. 13th Street Dubuque, Iowa 52001-4864 RE: Not to exceed $1,000,000 General Obligation Bonds Dear Ms. Joyce: With this letter please find 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 Sections 384.25. A certificate to attest the proceedings is also enclosed. The proceedings 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 entitled "Resolution Instituting Proceedings to Take Additional Action for the Issuance of not to exceed $1,000,000 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. We would suggest that, in this event, a motion merely 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 ora 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. January 22, 2002 Page 2 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. Also enclosed are suggested proceedings to direct the advertisement of Bonds for sale, in the principal mount of $1,000,000, and to approve the form of Notice of Bond Sale. Under the schedule proposed, these proceedings should be considered following the public hearing and adoption of the resolution taking additional action, with the sale date set for February 20, 2002. 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. If any questions arise, please keep me advised. Yours very truly, William J. Noth FOR THE FIRM WJN:dc encl. CC: Ken TeKippe (w/encl.) Dave Dirks (w/encl.) DCORNELL\306561\l\10422058 (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: The City Council of Dubuque, Iowa. 2002. o'clock .M. 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 $1,000,000 General Obligation Bonds. Public heating 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 roles of said governmental body. City Clerk, Dubuque, Iowa ,2002 The City Council of Dubuque, Iowa, met in Carnegie-Stout Public Library, Dubuque, Iowa, at date. There were present Mayor in the chair, and the following named Council Members: session, in the Auditorium, o'clock__.M., on the above , in the chair, and the . Absent: -1- The Mayor announced that this was the time and place for the public heating and meeting on the matter of the issuance of not to exceed $1,000,000 General Obligation Bonds in order to provide funds to pay costs of construction and reconstruction of street, sidewalk, utility and streetscape improvements relating to the opening of Main Street 15om 5th to 9th Streets, an essential corporate purpose, 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 oftowa. 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) 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 $1,000,000 GENERAL OBLIGATION BONDS", and moved: that the Resolution be adopted. 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 , 2002, at this place. Council Member called and the vote was, seconded the motion. The roll was AYE S: NAY S: Whereupon, the Mayor declared the measure duly adopted. RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $1,000,000 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 $1,000,000 General Obligation Bonds for the essential corporate purpose of paying costs of construction anc[ reconstruction of street, sidewalk,. utility and streetscape improvements relating to the opening o£Main Street from 5th to 9th Streets, and has considered the extent of objections received from residents or -3- 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 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 $1,000,000 General Obligation Bonds for the foregoing essential corporate purpose. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said Bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said Bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 2002. day of ATTEST: Mayor City Clerk -4- CIG-3 9/91 CERTIFICATE STATE OF IOWA COUNTY OF DUBUQUE ) ) SS ) I, the undersigned City Clerk of Dubuque, Iowa, do hereby certify that attached is a true and complete copy of the portion of the 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 ,2002. SEAL DCORNELL\306553\ l \10422058 City Clerk, Dubuque, Iowa -5- COMPLETE AND RETURN TO MR. NO TH (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: · The City Council of Dubuque, Iowa. ,2002. o'clock .M. 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 $1,000,000 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 ,2002 The City Council of Dubuque, Iowa, met in Carnegie-Stout Public Library, Dubuque, Iowa, at date. There were present Mayor following named Council Members: session, in the Auditorium, o'clock__.M., on the above , in the chair, and the 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 $1,000,000 General Obligation Bonds in order to provide funds to pay costs of construction and reconstruction of street, sidewalk, utility and streetscape improvements relating to the opening of Main Street from 5th to 9th Streets, an essential corporate purpose, 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 $1,000,000 GENERAL OBLIGATION BONDS", and moved: that the Resolution be adopted. 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 ., 2002, 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 $1,000,000 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 $1,000,000 General Obligation Bonds for the essential corporate purpose of paying costs of construction and reconstruction of street, sidewalk, utility and streetscape improvements relating to the opening of Main Street from 5th to 9th Streets, and has considered the extent of objections received from residents or -3- 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 thereofi NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 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 $1,000,000 General Obligation Bonds for the foregoing essential corporate purpose. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said Bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said Bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 2002. day of Mayor ATTEST: City Clerk -4- CIG-3 9/91 CERTIFICATE STATE OF IOWA COUNTY OF DUBUQUE ) )ss ) I, the undersigned City Clerk of Dubuque, Iowa, do hereby certify that attached is a tree and complete copy of the portion of the 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 ,2002. SEAL DCORNELL~306553\l\10422058 City Clerk, Dubuque, Iowa -5- 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 BOND SALE 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: ,2002 WITNESS my official signatureatDubuque, Iowa, this ,2002. day of (SEAL) City Clerk DCORNELLX306559\l \I 0422058 COMPLETE AND RETURN TO t'/R. NO TH 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 fi:om the Council of said City, I have caused a NOTICE OF BOND SALE 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: ,2002 WlTNESS my officialsignature ~ Dubuque, Iowa, this ,2002. day of (SEAL) City Clerk DCORNELL~306559\l \10422058 (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: The City Council of Dubuque, Iowa. ~ 2002. o'clock .M. 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: $1,000,000 General Obligation Bonds, Series 2002B · Resolution directing the advertisement for sale. Such additional matters as are set forth on the additionalpage(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 ,2002 The City Council of Dubuque, Iowa, met in Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at __ the above date. There were present Mayor following named Council Members: session, in the o'clock__.M., on , in the chair, and the 'Absent: -1- Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $1,000,000 GENERAL OBLIGATION BONDS, SERIES 2002B" and moved its adoption. Council Member seconded the Resolution to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $1,000,000 GENERAL OBLIGATION BONDS, SERIES 2002B WHEREAS, the City of Dubuque, Iowa, is in need of fimds to pay costs of construction and reconstruction of street, sidewalk, utility and streetscape improvements relating to the opening of Main Street from 5th to 9th Streets, an essential corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the mount of not to exceed $1,000,000 as authorized by Section 384.25 of the City Code of Iowa; and WHEREAS, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described bonds, and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said bonds, and that such action is considered to be in the best interests of said City and the residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: -2- Section 1. That the Bonds hereinafter described be offered at public sale, pursuant to advertisement as required by law. Section 2. That the Clerk is hereby directed to publish notice of sale of said Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Telegraph Herald, a legal newspaper, printed wholly in the English language, published within the county in which the Bonds are to be offered for sale or an adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the __ day of ,2002, at __ o'clock __.M., will hold a meeting to receive and act upon bids for said Bonds; said notice to be in substantially the following form: -3- NOTICE OF BOND SALE Time and Place of Sealed Bids: Sealed bids for the sale of Bonds of the City of Dubuque, Iowa, will be received at the office of the City Clerk, in the City of Dubuque, Iowa (the "Issuer") at o'clock .M., on the day of ,2002. The bids will then be publicly opened and referred for action to the meeting of the City Council as stated below. Sale and Award: The sale and award of the Bonds will be held at the Auditorium, Carnegie-Stout Public Library at a meeting of the City Council on the above date at o'clock .M. The Bonds: The Bonds to be offered are the following: GENERAL OBLIGATION BONDS, SERIES 2002B, in the amount orS1,000,000, to be dated March I, 2002 (the "Bonds"). Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the City Clerk, 50 W. 13th Street, Dubuque, Iowa 52001 (telephone: 563/589-4100) or the financial advisor to the City, Evensen-Dodge, Inc., 100 Court Avenue, Suite 203, Des Moines, Iowa 50309 (telephone: 515/282-6138). Terms of Offerinm All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Legal Opinion: Said Bonds will be sold subject to the opinion ofAhlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed Bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the Bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale~ issuance or marketing of the Bonds. -4- Rights Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Dubuque, Iowa. City Clerk of the City of Dubuque, Iowa (End of Notice) -5- PASSED AND APPROVED this day of ,2002. ATTEST: Mayor Clerk -6- CIG-3 9/91 CERTiFICATE STATE OF IOWA COUNTY OF DUBUQUE ) )SS ) I, the undersigned City Clerk of Dubuque, Iowa, do hereby certify that attached is a tree and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a tree 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 roles 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 ,2002. SEAL DCORN ELL\306556\ 1 \ 10422058 Ci.ty Clerk, Dubuque, Iowa -7- COMPLETE ANr~ ~:-~ ~! TO MR. ~,~ (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: The City Council of Dubuque, Iowa. ~ 2002. o'clock .M. 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: $1,000,000 General Obligation Bonds, Series 2002B · Resolution directing the advertisement for sale. Such additional matters as are set forth on the additionalpage(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 govemmental body. City Clerk, Dubuque, Iowa ,2002 The City Council of Dubuque, Iowa, met in Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at __ the above date. There were present Mayor following named Council Members: session, in the o'clock __.M., on ~ in the chair, and the 'Absent: -1- Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $1,000,000 GENERAL OBLIGATION BONDS, SERIES 2002B" and moved its adoption. Council Member seconded the Resolution to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $1,000,000 GENERAL OBLIGATION BONDS, SERIES 2002B WHEREAS, the City of Dubuque, Iowa, is in need of funds to pay costs of construction and reconstruction of street, sidewalk, utility and streetscape improvements relating to the opening of Main Street from 5th to 9th Streets, an essential corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of not to exceed $1,000,000 as authorized by Section 384.25 of the City Code of Iowa; and WHEREAS, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described bonds, and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said bonds, and that such action is considered to be in the best interests of said City and the residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Bonds hereinafter described be offered at public sale, pursuant to advertisement as required by law. Section 2. That the Clerk is hereby directed to publish notice of sale of said Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Telegraph Herald, a legal newspaper, printed wholly in the English language, published within the county in which the Bonds are to be offered for sale or an adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the __ day of ,2002, at __ o'clock __.M., will hold a meeting to receive and act upon bids for said Bonds; said notice to be in substantially the following form: -3- NOTICE OF BOND SALE Time and Place of Sealed Bids: Sealed bids for the sale of Bonds of the City of Dubuque, Iowa, will be received at the office of the City Clerk, in the City of Dubuque, Iowa (the "Issuer") at o'clock .M., on the day of ~ 2002. The bids will then be publicly opened and referred for action to the meeting of the City Council as stated below. Sale and Award: The sale and award of the Bonds will be held at the Auditorium, Carnegie-Stout Public Library at a meeting of the City Council on the above date at o'clock .M. The Bonds: The Bonds to be offered are the following: GENERAL OBLIGATION BONDS, SERIES 2002B, in the amount of $1,000,000, to be dated March 1, 2002 (the "Bonds"). Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the City Clerk, 50 W. 13th Street, Dubuque, Iowa 52001 (telephone: 563/589-4100) or the financial advisor to the City, Evensen-Dodge, Inc,, 100 Court Avenue, Suite 203, Des Moines, Iowa 50309 (telephone: 515/282-6138). Terms of Offering: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Legal Opinion: Said Bonds will be sold subject to the opinion ofAhlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed Bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the Bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, material~ or statements mad9 or furnished in 9ormection with the sale,: issuance or marketing of the Bonds. -4- Rights Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Dubuque, Iowa. City Clerk of the City of Dubuque, Iowa (End of Notice) PASSED AND APPROVED this __day of ,2002. ATTEST: Mayor Clerk -6- CIG-3 9/91 CERTIFICATE STATE OF IOWA COUNTY OF DUBUQUE ) )SS ) I, the undersigned City Clerk of Dubuque, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a tree 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 ,2002. SEAL DCORNELLX306556\I \I 0422058 City Clerk, Dubuque, Iowa -7-