GO Bonds Asbury Plaza Lift StationTHE CITY OF
DUB E
Masterpiece on the Mississippi
MEMORANDUM
September 25, 2007
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 Not to Exceed
$1,200,000 General Obligation Bonds
Finance Director Ken TeKippe recommends that a public hearing be set for October 15,
2007, on the proposal to issue $1,200,000 in General Obligation Bonds to support the
Asbury Plaza Lift Station and Force Main Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kenneth J. TeKippe, Finance Director
THE CITY OF
DUB E
~-~~
MEMORANDUM
TO: Michael C. Van Milligen, City Manager ~~ ~,,
FROM: Kenneth J. TeKippe, Finance Director ~-~~~~~'
SUBJECT: Proceedings to Set Public Hearing on the Issuance of Not to Exceed
$1,200,000 General Obligation Bonds
DATE: September 24, 2007
The purpose of this memorandum is to recommend the setting of a public hearing on
the proposal to issue General Obligation Bonds to support the Asbury Plaza Lift Station
and Force Main Project which was included in the adopted FY'07 CIP budget. The
project involves the construction of two wastewater pumping stations, 6,790 feet of force
main and 1,284 feet of gravity sewer to serve up to 555 acres of commercial and
residential property north and west of the Asbury Plaza Shopping Center. Although we
are selling General Obligation Bonds to support the project, repayment of the debt will
be from sanitary sewer fees. A letter from attorney William Noth detailing information on
the bond hearing is enclosed.
The requested action step for City Council is to adopt the attached resolution fixing the
date of October 15, 2007 for a public hearing on the proposition of selling not to exceed
$1,200,000 in General Obligation Bonds (for an essential corporate purpose) of
Dubuque, Iowa and providing for publication of notice.
KJT/jmg
Enclosures
cc: Barry Lindahl, City Attorney
Jenny Larson, Budget Director
Jeanne Schneider, City Clerk
AHLERS ~COONEY, P.C.
100 COURT AVENUE. SUITE 600
DES MOINES, IOWA 50309-2231
PHONE: 515-243-7611
FAX: 515-243-2149
WW W.AH L ERSLAW.CO M
WILLIAM J. NOTH
wnoth®ahlerslaw.com
September 21, 2007
Mr. Ken TeKippe
Finance Officer
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001-4864
RE: Not to exceed $1,200,000 General Obligation Bonds
Dear Mr. TeKippe:
Direct Dial:
(515)246-0332
We have now prepared and are enclosing suggested proceedings to be acted upon
by the Council in fixing the date of a meeting on the proposition to issue the above
mentioned Bonds and ordering publication of a notice of hearing consistent with the
provisions of Code Section 384.25.
Notice of this meeting must be published at least once in a legal newspaper,
printed wholly in the English language, published at least once weekly, and having
general circulation in the City. The date of publication is to be not less than four nor
more than twenty dates before the date of said public meeting on the issuance of said
Bonds. In computing time, the date of publication should be excluded. If the last day
falls on Sunday, the whole of the following Monday should be excluded.
Also enclosed is an extra copy of the proceedings to be filled in as the original and
certified back to this office, together with publisher's affidavit of publication of notice of
hearing. We are also enclosing an extra copy of the notice of hearing to be delivered
to the newspaper for publication purposes. A certificate to attest the proceedings is
also enclosed.
WI$HARD $ GAILY - 1888; GUERNSEY $ GAILY - 1893: GAILY $STIPP - 1901 : STIPP. PERRY. BANNISTER $ STARZINGER - 1914; BANNISTER. CARPENTER.
AHLERS $ GOONEY - 1950: AHLERS, GOONEY, DORWEILER, ALLBEE, HAYNIE $ SMITH - 1974; AHLERS, COONEV, DORWEILER, HAYNIE, SMITH $ALLBEE. P.C. - 199O
September 21, 2007
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 the 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 the Bonds or to abandon
the proposal to issue 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.
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
encl.
cc: Barry Lindahl (w/encl.)
Jeanne Schneider (w/originals)
DCORNELL/ 554340.1 /MSWord\10422080
ORIGINAL
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of Dubuque, Iowa.
Date of Meeting: , 2007.
Time of Meeting: o'clock _.M.
Place of Meeting: Historic Federal Building, 350 West 6th Street, Dubuque,
Iowa.
PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental
body will meet at the date, time and place above set out. The tentative agenda for said
meeting is as follows:
Not to exceed $1,200,000 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
2007
The City Council of Dubuque, Iowa, met in
Federal Building, 350 West 6th Street, Dubuque, Iowa, at
above date. There were present Mayor _
the following named Council Members:
session, in the Historic
_ o'clock _.M., on the
in the chair, and
Absent:
**~*~**
-1-
Council Member Kevin Lynch introduced the following Resolution
entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION
OF THE ISSUANCE OF NOT TO EXCEED $1,200,000 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 Ka r 1 a B r a i g seconded the motion to
adopt. The roll was called and the vote was,
AYES: Braig, Buol, Cline, Connors, Jones,
Lynch, Michalski
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
RESOLUTION NO. 500-07
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED
$1,200,000 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 $1,200,000, 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 1. That this Council meet in the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, at 5 : 3 0 o'clock P .M., on the 15th day of
o c t o b e r , 2007, for the purpose of taking action on the matter of the
issuance of not to exceed $1,200,000 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 installation of sanitary sewer improvements and extensions,
including those costs associated with the Asbury Plaza Lift Station and Force Main
Project.
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 $1,200,000 GENERAL OBLIGATION BONDS (FOR AN
ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE
HEARING ON THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby ~iven that the Council of the City of Dubuque, Iowa,
will hold a public hearing on the 15 day of October, 2007, at 6:30 P.M., in the Historic
Federal Building, 350 West 6th Street, Dubuque, Iowa, at which meeting the Council
proposes to take additional action for the issuance of not to exceed $1,200,000 General
Obligation Bonds for an essential corporate purpose of said City, in order to provide
funds to pay costs of construction and installation of sanitary sewer improvements and
extensions, including those costs associated with the Asbury Plaza Lift Station and
Force Main Project.
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 3~d day of October, 2007.
/s/Jeanne F. Schneider, CMC
City Clerk
1 t 1013
PASSED AND APPROVED this 1st day of
October ,2007.
v.
Mayor
ATTEST:
ity Clerk
-5-
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 of the corporate records of the Municipality
showing proceedings of the Council, and the same is a true and complete copy of the
action taken by the Council with respect to the matter at the meeting held on the date
indicated in the attachment, which proceedings remain in full force and effect, and have
not been amended or rescinded in any way; that meeting and all action thereat was duly
and publicly held in accordance with a notice of meeting and tentative agenda, a copy of
which was timely served on each member of the Council and posted on a bulletin board
or other prominent place easily accessible to the public and clearly designated for that
purpose at the principal office of the Council (a copy of the face sheet of the agenda being
attached hereto) pursuant to the local rules of the Council and the provisions of Chapter
21, Code of Iowa, upon reasonable advance notice to the public and media at least
twenty-four hours prior to the commencement of the meeting as required by law and with
members of the public present in attendance; I further certify that the individuals named
therein were on the date thereof duly and lawfully possessed of their respective city
offices as indicated therein, that no Council vacancy existed except as may be stated in
the proceedings, and that no controversy or litigation is pending, prayed or threatened
involving the incorporation, organization, existence or boundaries of the City or the right
of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of the Municipality hereto affixed this
day of , 2007.
City Clerk, Dubuque, Iowa
SEAL
DCORNELL\554338.1 \WP\ 10422080
-6-
ORIGINAL
,_„
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
the 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 $1,200,000 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 the Notice was published in all of the issues thereof published and
circulated on the following date:
2007
WITNESS my official signature at Dubuque, Iowa, this day of
2007.
City Clerk
(SEAL)
DCORNELL\554339. I \WP\ 10422080