GO Bonds_Wastewater Pumping StationsORIGINAL
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of Dubuque, Iowa.
Date of Meeting: O c t o b e r 15 , 2007.
Time of Meeting: 6:3 0 o'clock P 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 the
meeting is as follows:
Not to exceed $1,200,000 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 9 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 the governmental body.
~ .~~~~~
ity Clerk, Dubuque, Iowa
October 15 .2007
The City Council of Dubuque, Iowa, met inRegularsession, in the Historic
Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6 : 30 o'clock P .M., on the
above date. There were present Mayor Roy D . s u o 1 , in the chair, and the
following named Council Members:
Karla Braig, Patricia Cline, Joyce Connors,
Ric Jones, Kevin Lynch, Ann Michalski
Absent:
None
*******
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 $1,200,000 General Obligation
Bonds 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, an essential corporate purpose, and that notice
of the proposed action by the Council to institute proceedings for the issuance of the
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 the Bonds. The Clerk advised the
Mayor and the Council that no written objections had been filed. The Mayor then
called for oral objections to the issuance of Bonds and none 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 Ric Jones 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 $1,200,000 GENERAL OBLIGATION BONDS", and moved:
X 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 , 2007, at this
place.
Council Member Patricia c 1 i n e seconded the motion. The roll was
called and the vote was,
AYES: Braig, Buol, Cline, Connors, Jones,
Lynch, Michalski
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
RESOLUTION NO. 515-07
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE OF NOT
TO EXCEED $1,200,000 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 $1,200,000 General Obligation Bonds for the essential corporate purpose
of paying 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, and has considered the extent of objections received from residents or
-3-
property owners as to the 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
$1,200,000 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 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 Bonds on a basis favorable to the City and acceptable to the Council.
PASSED AND APPROVED this 15 t h
October ,2007.
Roy D. Buol
Mayor
ATTEST:
Jeann F. Schneider
City Clerk
day of
-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 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 16th
day of October , 2007.
Jeanne F. Scheider
City Clerk, Dubuque, Iowa
SEAL
DCORNELL\554752 1 \WPU 0422080
-5-
ORIGINAL
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of Dubuque, Iowa.
Date of Meeting: O c t o b e r 15 , 2007.
Time of Meeting: 6 : 3 0 o'clock P.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:
$1,055,000 General Obligation Bonds, Series 2007A
$2,985,000 General Obligation Refunding Bonds, Series 2007B
Resolution directing the advertisement of Bonds for sale and approving
electronic facsimile bidding procedures.
Such additional matters as are set forth on the additional 9 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.
.~
ity Clerk, Dubuque, Iowa
-1-
October 15 .2007
The City Council ofDubuque, Iowa, met inRegularsession, in the Historic
Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6 : 30 o'clock P .M., on the
above date. There were present Mayor Roy D . s u o 1 , in the chair, and the
following named Council Members:
Karla Braig, Patricia Cline, Joyce Connors,
Ric Jones, Kevin Lynch, Ann Michalski
Absent: None
*******
-1-
Council Member Ric Jones introduced the following Resolution
entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF
GENERAL OBLIGATION BONDS, SERIES 2007A, AND GENERAL OBLIGATION
REFUNDING BONDS, SERIES 2007B, AND APPROVING ELECTRONIC
FACSIMILE BIDDING PROCEDURES" and moved its adoption. Council Member
Patricia c 1 i n e seconded the Resolution 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. 516-07
RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF
GENERAL OBLIGATION BONDS, SERIES 2007A, AND GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2007B, AND
APPROVING ELECTRONIC FACSIMILE BIDDING PROCEDURES
WHEREAS, the City of Dubuque, Iowa, is in need of 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, an
essential corporate purpose, and it is deemed necessary and advisable that the City issue
general obligation bonds for said purpose in the amount of not to exceed $1,200,000 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; and
-3-
WHEREAS, the City also is in need of funds to pay costs of refunding and
refinancing of certain outstanding City indebtedness, consisting of the General Obligation
Bonds, Series 2000C, dated November 1, 2000, an essential corporate purpose, and it is
deemed necessary and advisable that the City issue general obligation refunding bonds
for said purpose to the amount of not to exceed $3,585,000 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; and
WHEREAS, the Council has received information from its Financial Consultant
recommending the procedure hereinafter described for electronic facsimile bidding will
maintain the integrity and security of the competitive bidding process and facilitate the
delivery of bids by interested parties; and
WHEREAS, the Council deems it in the best interests of the City and the residents
thereof to receive bids to purchase such Bonds by means of both sealed and electronic
facsimile communication.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section I . That the receipt of electronic bids by facsimile machine as described in
the Notice of Sale are hereby found and determined to provide reasonable security and to
maintain the integrity of the competitive bidding process, and to facilitate the delivery of
bids by interested parties in connection with the offering of the Bonds hereinafter
described at public sale.
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
November 5, 2007 at 6:30 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:
-4-
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 Finance Director, City Hall, 50 West
13th Street, in the City of Dubuque, Iowa (the "Issuer") at 11:00 o'clock A.M., on the 5th
day of November, 2007. The bids will then be publicly opened and referred for action to
the meeting of the City Council in conformity with the terms of offering.
Sale and Award: The sale and award of the Bonds will be held at the Historic
Federal Building, 350 West 6th Street, Dubuque, Iowa, at a meeting of the City Council
on the above date at 6:30 o'clock P.M.
The Bonds: The Bonds to be offered are the following:
GENERAL OBLIGATION BONDS, SERIES 2007A, in the
amount of $1,055,000, to be dated December 1, 2007.
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2007B, in the
amount of $2,985,000, to be dated December 1, 2007.
(together, the "Bonds")
Adjustment of Principal Amount. The Issuer reserves the right to increase or
decrease the aggregate principal amount of the Series 2007B Bonds by an amount
not to exceed $600,000 (20% of the par amount). Any such change will be in
increments of $5,000, and may be made in any of the maturities. The purchase
price will be adjusted proportionately to reflect any change in issue size.
Manner of Bidding: Open bids will not be received. Bids for each series of the
Bonds will be received by any of the following methods:
Sealed Bidding: Sealed bids may be submitted and will be received at the
office of the Finance Director, Dubuque, Iowa
Electronic Facsimile Bidding: Electronic facsimile bids will be received at
the office of the Finance Director, Dubuque, Iowa (facsimile number:
563/589-0890) or Public Financial Management (facsimile number:
515/243-6994). Electronic facsimile bids will be sealed and treated as
sealed bids.
-5-
Consideration of Bids: After the time for receipt of bids has passed, the close of
sealed bids will be announced. Sealed bids will then be publicly opened and announced.
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 for each series, 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, Public Financial Management, Inc., 2600 Grand Avenue, Des
Moines, Iowa 50312 (telephone: 515/243-2600).
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.
Le ag 1 Opinion: Said Bonds will be sold subject to the opinion of Ahlers &
Cooney, 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.
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)
-6-
PASSED AND APPROVED this 15th day of October , 2007.
Roy D. Buol
Mayor
ATTEST:
Jeanne F. Schneider
Clerk
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 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.
WITNES m hand and the seal of said Municipality hereto affixed this
day of ~ , 2007.
~~~~~ ~~~
ity Clerk, Dubuque, Iowa
SEAL
DCORNELL/ 555299.1 /MSWord\10422080
- g -
THE CITY OF
DUB E
Masterpiece on the Mississippi
MEMORANDUM
October 2, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proceedings for Public Hearing on the Issuance of Not to Exceed
$1,200,000 General Obligation Bonds
Finance Director Ken TeKippe is recommending approval of a resolution to issue not to
exceed $1,200,000 General Obligation Bonds for 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, approval of the proceedings to direct the advertisement of General
Obligation Bonds for sale, and to approve the form of Notice of Bond Sale. Although we
are selling General Obligation Bonds to support the project, repayment of the debt will
be from sanitary sewer fees.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~.~
I , ~~, / ~.
Michael C. Van Milligen __
~7~)~
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 for Public Hearing on the Issuance of Not to Exceed
$1,200,000 General Obligation Bonds
DATE: October 1, 2007
The purpose of this memorandum is to provide the suggested proceedings for the public
hearing on the issuance of General Obligation Bonds to support the Asbury Plaza Lift
Station and Force Main Project 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 $1,200,000 General Obligation
Bonds." 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. Letters from attorney William
Noth detailing information on the bond hearing and advertising of bonds for sale are
enclosed.
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 $1,200,000
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
Enclosures
cc: Barry Lindahl, City Attorney
Jenny Larson, Budget Director
Jeanne Schneider, City Clerk
(10/1/2007) Ken Tekppe - TEKIPPE, PUBLIC HEARING, ASBURY GO BONDS & refund bonds 4/20.wpd Page 1
AHLERS .tC GOONEY, P.C.
October 1, 2007
Page 1
' ATTORNEYS AT I.AW
100 COURT AVENUE • SUITE 600
DES MOINES, IOWA 50309-2231
PHONE 515-243-7611
FAX: 515-243-2149
W WW.AH LERSLAW.COM
WILLIAM J. NOTH Dipreact
' WNOTH@AHLERSLAW.COM (515)246-0332 '
~', October 1, 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
Not to exceed $3,585,000 General Obligation Refunding Bonds
Dear Mr. TeKippe:
We enclose 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 Section 384.25. A certificate to attest the proceedings is also
enclosed.
In each case, the proceedings are prepared to show as a first step the receipt of any
oral or written objections from any resident or property owner to the proposed action of
the Council to issue the bonds. A summary of objections received or made, if any, should ,
be attached to the proceedings. After all objections have been received and considered if
the Council decides not to abandon the proposal to issue the bonds, a form of resolution
follows that should be introduced and adopted, entitled "Resolution Instituting
Proceedings to Take Additional Action for the Issuance of not to exceed $1,200,000
General Obligation Bonds."
The Council is required by statute to adopt the resolution instituting proceedings to
Wishard 8 Baily - 1688; Guernsey 8 Baily - 1893; Baily 8 Stipp - 1901, Stipp, Perry, Bannister & Starzinger - 1914. Bannister, Carpenter,
Ahlers 8 Cooney - 1950; Ahlers, Cooney, Dorweiler. Allbee, Haynie 8 Smith - 1974, Ahlers, Cooney, Dorweiler, Haynie, Smith 8 Allbee, P C. - 1990
(10/1/2007) Ken Tekippe - TEKIPPE, PUBLIC HEARING, ASBURY GO BONDS & refund bonds 4/20.wpd Page 2
October l , 2007
Page 2
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.
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.
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.
Extra copies of the proceedings are enclosed to be filled in as the original and
returned to us for our transcript of the action taken. If you have any questions pertaining
to the proceedings enclosed or this letter, 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\554757. I \W P\ 10422080
(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 the
meeting is as follows:
Not to exceed $1,200,000 General Obligation Bonds.
X Pufilic hearing on the issuance.
X 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 the governmental body.
City Clerk, Dubuque, Iowa
2007
The City Council of Dubuque, Iowa, met in
Federal Building, 350 West 6th Street, Dubuque, Iowa, at
the above date. There were present Mayor
the following named Council Members:
Absent:
session, in the Historic
o'clock .M., on
in the chair, and
*******
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 $1,200,000 General Obligation
Bonds 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, an essential corporate purpose, and that notice
of the proposed action by the Council to institute proceedings for the issuance of the
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 the 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 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 $1,200,000 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 , 2007, at this
place.
Council Member seconded the motion. The roll was
called and the vote 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 $1,200,000 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 $1,200,000 General Obligation Bonds for the essential corporate purpose
of paying 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, and has considered the extent of objections received from residents or
-3-
property owners as to the 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
$1,200,000 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 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 Bonds on a basis favorable to the City and acceptable to the Council.
PASSED AND APPROVED this day of
.2007.
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 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\554752. I \W P\ 10422080
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AHLERS ~COON~Y, P.C.
100 COURT AVENUE. SUITE 600
DES MOINES. IOWA 50309-2231
PHONE: 515-243-7611
FAX: 515-243-2149
WWW.AHLERSLAW.COM
WILLIAM J. NOTH
wnoth~ahlerslaw.com
October 1, 2007
Mr. Ken TeKippe
Finance Officer
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001-4864
RE: $1,055,000 General Obligation Bonds, Series 2007A
$2,985,000 General Obligation Refunding Bonds, Series 2007B
Dear Mr. TeKippe:
Direct Dial:
(5151246-0332
With this letter I am enclosing suggested proceedings to direct the advertisement
of the above Bonds for sale, and to approve the form of Notice of Bond Sale. The
proceedings assume that the sale will be set for November 5, 2007.
The procedure assumes that your financial consultant has recommended to the
Council that facsimile 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.
WISHARD 8 GAILY - }888; GUERNSEY & GAILY - 1893: BAILY $ STIPP - 1901: STIPP, PERRY. BANNISTER & STARZINGER - 1914: BANNISTER. CARPENTER.
AHLERS 8 GOONEY - 1950: AHLERS, GOONEY, DORWEILER, ALLBEE. HAYNIE & SMITH - 1974: AHLERS. GOONEY, DORWEILER, HAYNIE. SMITH &ALLBEE. P. C. - 1990
October 1, 2007
Page 2
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
WJN:dc
encl.
cc: Barry Lindahl
Jeannie Schneider (w/originals)
Tionna Pooler
DCORNELL! 555307.1 /MSWordU 0422080
(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:
$1,055,000 General Obligation Bonds, Series 2007A
$2,985,000 General Obligation Refunding Bonds, Series 2007B
X Resolution directing the advertisement of Bonds for sale and approving
electronic facsimile bidding procedures.
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
following named Council Members:
_ session, in the Historic
o'clock _.M., on the
in the chair, and the
Absent:
******~*
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Council Member introduced the following Resolution
entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF
GENERAL OBLIGATION BONDS, SERIES 2007A, AND GENERAL OBLIGATION
REFUNDING BONDS, SERIES 2007B, AND APPROVING ELECTRONIC
FACSIMILE BIDDING PROCEDURES" 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
GENERAL OBLIGATION BONDS, SERIES 2007A, AND GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2007B, AND
APPROVING ELECTRONIC FACSIMILE BIDDING PROCEDURES
WHEREAS, the City of Dubuque, Iowa, is in need of 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, an
essential corporate purpose, and it is deemed necessary and advisable that the City issue
general obligation bonds for said purpose in the amount of not to exceed $1,200,000 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; and
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WHEREAS, the City also is in need of funds to pay costs of refunding and
refinancing of certain outstanding City indebtedness, consisting of the General Obligation
Bonds, Series 2000C, dated November I, 2000, an essential corporate purpose, and it is
deemed necessary and advisable that the City issue general obligation refunding bonds
for said purpose to the amount of not to exceed $3,585,000 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; and
WHEREAS, the Council has received information from its Financial Consultant
recommending the procedure hereinafter described for electronic facsimile bidding will
maintain the integrity and security of the competitive bidding process and facilitate the
delivery of bids by interested parties; and
WHEREAS, the Council deems it in the best interests of the City and the residents
thereof to receive bids to purchase such Bonds by means of both sealed and electronic
facsimile communication.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the receipt of electronic bids by facsimile machine as described in
the Notice of Sale are hereby found and determined to provide reasonable security and to
maintain the integrity of the competitive bidding process, and to facilitate the delivery of
bids by interested parties in connection with the offering of the Bonds hereinafter
described at public sale.
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
November 5, 2007 at 6:30 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:
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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 Finance Director, City Hall, 50 West
13th Street, in the City of Dubuque, Iowa (the "Issuer") at 11:00 o'clock A.M., on the 5th
day of November, 2007. The bids will then be publicly opened and referred for action to
the meeting of the City Council in conformity with the terms of offering.
Sale and Award: The sale and award of the Bonds will be held at the Historic
Federal Building, 350 West 6th Street, Dubuque, Iowa, at a meeting of the City Council
on the above date at 6:30 o'clock P.M.
The Bonds: The Bonds to be offered are the following:
GENERAL OBLIGATION BONDS, SERIES 2007A, in the
amount of $1,055,000, to be dated December 1, 2007.
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2007B, in the
amount of $2,985,000, to be dated December 1, 2007.
(together, the "Bonds")
Adjustment of Principal Amount. The Issuer reserves the right to increase or
decrease the aggregate principal amount of the Series 2007B Bonds by an amount
not to exceed $600,000 (20% of the par amount). Any such change will be in
increments of $5,000, and may be made in any of the maturities. The purchase
price will be adjusted proportionately to reflect any change in issue size.
Manner of Bidding: Open bids will not be received. Bids for each series of the
Bonds will be received by any of the following methods:
$ Sealed Bidding: Sealed bids may be submitted and will be received at the
office of the Finance Director, Dubuque, Iowa
$ Electronic Facsimile Bidding: Electronic facsimile bids will be received at
the office of the Finance Director, Dubuque, Iowa (facsimile number:
563/589-0890) or Public Financial Management (facsimile number:
515/243-6994). Electronic facsimile bids will be sealed and treated as
sealed bids.
-5-
Consideration of Bids: After the time for receipt of bids has passed, the close of
sealed bids will be announced. Sealed bids will then be publicly opened and announced.
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 for each series, 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, Public Financial Management, Inc., 2600 Grand Avenue, Des
Moines, Iowa 50312 (telephone: 515/243-2600).
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 of Ahlers &
Cooney, 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.
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)
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PASSED AND APPROVED this day of , 2007.
Mayor
ATTEST:
Clerk
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CIG-3
CERTIFICATE
STATE OF IOWA )
SS
COUNTY OF DUBUQUE )
I, the undersigned City Clerk of Dubuque, Iowa, do hereby certify that attached is
a true and complete copy of the portion 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 , 2007.
City Clerk, Dubuque, Iowa
SEAL
DCORNELU 555299.1 /MSWord\10422080
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