Proceedings for Public Hearing on the Issuance of Not to Exceed $430,000, Sewer Revenue Capital Loan Notes (Interim Financing) State Revolving Funds, Planning and Design Loan Applications_Initiate Copyrighted
September 5, 2023
City of Dubuque Items to be set for Public Hearing #
City Council Meeting 04.
ITEM TITLE: Proceedings for Public Hearing on the Issuance of Not to Exceed
$430,000, Sewer Revenue Capital Loan Notes (Interim Financing) State
Revolving Funds, Planning and Design Loan Applications
SUM MARY: City Manager recommending that a public hearing be set for September
18, 2023, on the proposition of selling not to exceed $430,000 in Sewer
Revenue Capital Loan Notes (Interim Financing) State Revolving Loan
Fund Program. $430,000 of the proceeds will be used to fund the
planning and design of the improvements on Laurel Street, on Grove
Terrace, on Center Grove, and the inspection and condition assessment
of other aging sewer infrastructure.
RESOLUTION To fix a date for a Public Hearing on Proposal to enter
into a Sewer Revenue Loan and DisbursementAgreement and to
Borrow Money Thereunder in a Principal Amount Not to Exceed
$430,000 (Grove).
SUGGESTED Receive and File;Adopt Resolution(s), Set Public Hearing for
DISPOSITION: September 18, 2023Suggested Disposition:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
SRF P&D Application Supporting Documentation
Dubuque
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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
$430,000, Sewer Revenue Capital Loan Notes (Interim Financing) State
Revolving Funds, Planning and Design Loan Applications
DATE: August 31, 2023
Chief Financial Officer Jennifer Larson recommends that a public hearing be set for
September 18, 2023, on the proposition of selling not to exceed $430,000 in Sewer
Revenue Capital Loan Notes (Interim Financing) State Revolving Loan Fund Program.
$430,000 of the proceeds will be used to fund the planning and design of the
improvements on Laurel Street, on Grove Terrace, on other streets as determined
necessary, and the inspection and condition assessment of other aging sewer
infrastructure.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�Jr/'+�'� �tv�r
Michael C. Van Milligen
MCVM/jml
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Brian DeMoss, Finance Manager
Dubuque
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TO: Michael C. Van Milligen, City Manger
FROM: Jennifer Larson, Chief Financial Officer
SUBJECT: Proceedings for Public Hearing on the Issuance of Not to Exceed
$430,000, Sewer Revenue Capital Loan Notes (Interim Financing) State
Revolving Funds, Planning and Design Loan Applications
DATE: August 31, 2023
INTRODUCTION:
The purpose of this memorandum is to provide suggested proceedings for a public hearing
on the issuance of a not to exceed $430,000 Sewer Revenue Capital Loan Notes SRF
Planning and Design Loans. A letter from bond counsel detailing information on the public
hearing is enclosed.
DISCUSSION
$430,000 of the proceeds will be used to fund the planning and design of the
improvements on Laurel Street, on Grove Terrace, on other streets as determined
necessary, and the inspection and condition assessment of other aging sewer
infrastructure.
ACTION TO BE TAKEN
I respectfully recommend approval of the resolutions.
Attachments
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Deron Muehring, Civil Engineer
August 29, 2023
Jenny Larson
Chief Financial Officer
Dubuque, Iowa
Re: $430,000 SRF Sewer Revenue Loan and Disbursement Agreement (Grove)
Dear Jenny:
We have prepared and enclose proceedings for use at the September Sth City Council
meeting to set September 18th as the date for a hearing on the proposal to enter into the SRF Sewer
Revenue Loan and Disbursement Agreement(the "Agreement").
The documents enclosed include the following items:
1. Resolution fixing the date of ineeting at which it is proposed to take action to enter
into the Agreement. The form of notice is set out in Section 2 of the resolution.
2. Attestation Certificate with respect to the validity of the transcript.
3. Organization and Establishment Certificate.
4. Outstanding Debt Certificate with respect to the outstanding debt of the Sewer
Utility.
5. Publication Certificate with respect to publication of the notice, to which must be
attached the publisher's affidavit of publication with a clipping of the notice as published.
The notice must be published at least once,not less than four(4) and not more than twenty
(20) days before the meeting date set for the hearing, in a legal newspaper which has a general
circulation in Dubuque.
As soon as the notice appears in the newspaper, please have a copy scanned and emailed
to me.
Please return one fully executed copy of these proceedings to us as soon as they are
available.
Please call me or John Danos if you have questions.
8oi Grand Avenue�Suite r,ioo�Dubuque,IA I 5o3o9-2790 I T 515•2$3•100o I F 5�5•283•1060�dorsey.com
Best regards,
John Danos
David D. Grossklaus
Attachments
cc: Crenna Brumwell
Adrienne Breitfelder
Deron Muehring
Steve Brown
Tracy Schadle
Tionna Pooler
Tracy Scebold
Tony Toigo
Lee Wagner
DORSEY &iVHITNcY LLP
Dubuque/43041 l/1'I/2-Sewer Rev
MINUTES TO SET DATE FOR HEARING
ON ENTERING INTO A LOAN AND
DISBURSEMENT AGREEMENT
430411- (N/l)
Dubuque, Iowa
September 5, 2023
The City Council of the City of Dubuque, Iowa, met on September 5, 2023, at 6:30 o'clock
p.m., at the Historic Federal Building, 350 W. 6`b St, Second Floor Council Chambers, in the City
of Dubuque, Iowa.
The Mayor presided and the roll was called showing the following members of the Council
present and absent:
Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank,
Wethal
Absent: None
Council Member Roussell introduced the resolution hereinafter next set out and moved its
adoption, seconded by Council Member Sprank; and after due consideration thereof by the
Council, the Mayor put the question upon the adoption of the said resolution and the roll being
called, the following named Council Members voted:
Ayes: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank,
Wethal
Nays: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
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DORSEY&WHITNEY LIP,ATTORNEYS,DUBUQUE,IOWA
Dubuque/430411/I"h-Sewer Rev
RESOLUTION NO. 293-23
Resolution to fix a date for a public hearing on proposal to enter into a Sewer
Revenue Loan and Disbursement Agreement and to borrow money thereunder in a
principal amount not to exceed $430,000 (Grove).
WHEREAS, the City of Dubuque (the "City"), in Dubuque County, State of Iowa, did
heretofore establish a Municipal Sanitary Sewer System (the "Utility") in and for the City which
has continuously supplied sanitary sewer service in and to the City and its inhabitants since its
establishment; and
WHEREAS, the management and control of the Utility are vested in the City Council (the
"Council") and no board of trustees exists for this purpose; and
WHEREAS, pursuant to a prior resolutions of the Council, the City has heretofore issued
sewer revenue bonds or notes as set forth on attached outstanding debt certificate and a portion of
which remains outstanding (the "Outstanding Indebtedness"); and
WHEREAS, pursuant to the resolutions relating to and authorizing the Outstanding
Indebtedness (the "Outstanding Bond Resolutions") the City reserved the right to issue additional
obligations payable from the net revenues of the Utility and ranking on a parity with the
Outstanding Indebtedness under the terms and conditions set forth in the Outstanding Bond
Resolutions; and
WHEREAS, the City now proposes to enter into a Sewer Revenue Loan and Disbursement
Agreement(the"Agreement")and to borrow money thereunder in a principal amount not to exceed
$430,000, pursuant to the provisions of Section 384.24A of the Code of Iowa, for the purpose of
paying the cost, to that extent, of planning, designing and constructing improvements and
extensions to the Utility (the"Project"), and it is necessary to fix a date of meeting of the Council
at which it is proposed to take action to enter into the Agreement and to give notice thereof as
required by such law;
NOW, THEREFORE, Be It Resolved by the City Council of the City of Dubuque, Iowa,
as follows:
Section 1. This City Council shall meet on September 18th,2023,at 6:30 o'clock p.m.,
at the Historic Federal Building, 350 W. 6th St, Second Floor Council Chambers, at which time
and place a hearing will be held and proceedings will be instituted and action taken to enter into
the Agreement.
Section 2. The City Clerk is hereby directed to give notice of the proposed action on
the Agreement setting forth the amount and purpose thereof, the time when and place where the
said meeting will be held, by publication at least once, not less than four (4) and not more than
twenty (20) days before the meeting, in a legal newspaper which has a general circulation in the
City. The notice shall be in substantially the following form:
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DORSEY&WHITNEY LLP,ATTORNEYS,DUBUQUE,IOWA
Dubuque/430411/I"A-Sewer Rev
NOTICE OF PROPOSED ACTION TO INSTITUTE
PROCEEDINGS TO ENTER INTO A LOAN AND DISBURSEMENT AGREEMENT
IN A PRINCIPAL AMOUNT NOT TO EXCEED $430,000
(SEWER REVENUE)
The City Council of the City of Dubuque, Iowa, will meet on September 18, 2023, at 6:30
o'clock p.m., at the Historic Federal Building, 350 W. 6th St, Second Floor Council Chambers, the
purpose of instituting proceedings and taking action to enter into a loan and disbursement
agreement(the"Agreement") and to borrow money thereunder in a principal amount not to exceed
$430,000 for the purpose of paying the cost,to that extent, of planning, designing and constructing
improvements and extensions to the City's Municipal Sanitary Sewer System.
The Agreement will not constitute a general obligation of the City, nor will it be payable
in any manner by taxation but, together with the City's outstanding Sewer Revenue Indebtedness
and any additional obligations of the City as may be hereafter issued and outstanding from time to
time ranking on a parity therewith, will be payable solely and only from the Net Revenues of the
Municipal Sanitary Sewer System of the City.
At that time and place, oral or written objections may be filed or made to the proposal to
enter into the Agreement. After receiving objections, the City may determine to enter into the
Agreement, in which case, the decision will be final unless appealed to the District Court within
fifteen (15) days thereafter.
By order of the City Council of the City of Dubuque, Iowa.
Trish L. Gleason
Assistant City Clerk
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DORSEY&WHITNEY LLP,ATTORNEYS,DUBUQUE,IOWA
Dubuque/43041 U1"''/ -Sewer Rev
Section 3. Pursuant to Section 1.150-2 of the Income Tax Regulations (the
"Regulations") of the Internal Revenue Service, the City declares (a) that it intends to undertake
the Project which is reasonably estimated to cost approximately $430,000, (b) that other than (i)
expenditures to be paid or reimbursed from sources other than the issuance of bonds, notes or other
obligations (the "Bonds"), or (ii) expenditures made not earlier than 60 days prior to the date of
this Resolution or a previous intent resolution of the City, or (iii) expenditures amounting to the
lesser of $100,000 or 5% of the proceeds of the Bonds, or (iv) expenditures constituting
preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations, no expenditures
for the Project have heretofore been made by the City and no expenditures will be made by the
City until after the date of this Resolution or a prior intent resolution of the City, and (c) that the
City reasonably expects to reimburse the expenditures made for costs of the City out of the
proceeds of the Bonds. This declaration is a declaration of official intent adopted pursuant to
Section 1.150-2 of the Regulations.
Section 4. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5. This resolution shall be in full force and effect immediately upon its
adoption and approval, as provided by law.
Passed and approved September 5, 2023.
ra M. Cav , ayor
Attest:
Trish L. Gleason, Assistant City Clerk
On motion and vote, the meeting adjourned.
Brad M. Cavana r
Attest:
Trish L. Gleason, Assistant City Clerk
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DORSEY&WHITNEY LLP,ATTORNEYS,DUBUQUE,IOWA
Dubuque/43041 I/l'%2-Sewer Rev
ATTESTATION CERTIFICATE:
STATE OF IOWA
COUNTY OF DUBUQUE SS:
CITY OF DUBUQUE
I, the undersigned, Assistant City Clerk of the City of Dubuque, Iowa, do hereby certify
that attached hereto is a true and correct copy of the proceedings of the City Council relating to
fixing a date for hearing on the City Council's proposal to take action in connection with a Sewer
Revenue Loan and Disbursement Agreement.
WITNESS MY HAND this 6th day of September, 2023.
1!QC9'�iv
Trish L. Gleason, Assistant City Clerk
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DORSEY&WHITNEY LLF,ATTORNEYS,DUBUQUE,IOWA
Dubuque/43041 1/1'"A-Sewer Rev
ORGANIZATION AND ESTABLISHMENT CERTIFICATE:
STATE OF IOWA
COUNTY OF DUBUQUE SS:
CITY OF DUBUQUE
I, the undersigned Assistant City Clerk, do hereby certify that the aforementioned City is
organized and operating under the provisions of Title IX of the Code of Iowa and not under any
special charter and that such City is operating under the Council-manager-at-large form of
government and that there is not pending or threatened any question or litigation whatsoever
touching the incorporation of the City, the inclusion of any territory within its limits or the
incumbency in office of any of the officials hereinafter named.
And I do further certify that the following named parties are officials of the City as
indicated:
Brad M. Cavanagh, Mayor
Michael Van Milligen, City Manager
Jennifer Larson, Chief Financial Officer
Adrienne N. Breitfelder, City Clerk
Trish L. Gleason, Assistant City Clerk
Katy A. Wethal, Council Member/Mayor Pro Tern
Ric W. Jones, Council Member
David T. Resnick, Council Member
Susan R Farber, Council Member
Laura J. Roussell, Council Member
Danny C. Sprank, Council Member
And I do further certify that the City has provided for the office of Treasurer, and the
Council has selected the Treasurer.
I farther certify that the City established the Municipal Sanitary Sewer System (the
"Utility") and that the Utility has been in continuous operation by the City since its establishment
as aforesaid in supplying sanitary sewer service to the City and its inhabitants.
I further certify that the management and control of the Utility are vested in the City
Council of the City, and that no board of trustees exists which has any part of the control and
management of such Utility.
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DORSEY&WHITNEY LLP,ATTORNEYS,DUBUQUE,IOWA
Dubuque/43041111'V2-Sewer Rev
WITNESS MY HAND this to day of S s-cti.D�.r , 2023.
Trish L. Gleason, Assistant City Clerk
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DORSEY&WHITNEY LLP,ATTORNEYS,DUBUQUE,IOWA
Dubuque/430411/1"`4-Sewer Rev
OUTSTANDING DEBT CERTIFICATE:
STATE OF IOWA
COUNTY OF DUBUQUE SS:
CITY OF DUBUQUE
I, the undersigned, Assistant City Clerk of the City of Dubuque, Iowa (the "City"), do
hereby certify that the City has no bonds or other obligations of any kind now outstanding which
are secured by and payable from the revenues derived from the operation of Municipal Sanitary
Sewer System (the "Utility"), except as follows:
Principal Amount
Date Type Outstanding Maturity
(Attach here a separate sheet listing any other outstanding obligations of the
City secured by and payable from the revenues of the Utility, excluding the
proposed issue.)
WITNESS MY HAND this day of , 2023.
Trish L. Gleason, Assistant City Clerk
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DORSEY&WHITNEY LLP,ATTORNEYS,DUBUQUE,IOWA
Dubuque/4304 1 1/151%z-Sewer Rev
PUBLICATION CERTIFICATE:
STATE OF IOWA
COUNTY OF DUBUQUE SS:
CITY OF DUBUQUE
I,the undersigned, City Clerk of the City of Dubuque,Iowa, do hereby certify that pursuant
to the resolution of its City Council fixing a date of ineeting at which it is proposed to take action
to enter into a loan and disbursement agreement, the notice, of which the printed slip attached to
the publisher's affidavit hereto attached is a true and complete copy, was published on the date
and in the newspaper specified in such affidavit, which newspaper has a general circulation in the
City.
WITNESS MY HAND this day of , 2023.
City Clerk
(Attach here the publisher's original affidavit with clipping of the notice, as published.)
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DORSEY&WHITNEY LLP,ATTORNEYS,DUBUQUE,IOWA
4/21/21 �
• • • • �
Planning and Design Loan Application
Applicant Information �RF
—�—
Applicant: City of Dubuque STATE
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Tax ID Number: 42-600-4596 �V���E�c�,�cE�pp�E�r�F�N��pEs�up�
Contact Person and Title: Jenny Larson, Director of Finance & Budget
Street Address: 50 W. 13th Street State: IA
City: Dubuque zip Code: 52001
Telephone Number: 563.589.4322 County: Dubuque
E-Mail: jlarson@cityofdubuque.org
Project and System Information
❑■ Clean Water SRF NPDES Number:
❑ Drinking Water SRF PWSID Number:
Please write a brief description of the proposed project:
The Fiscal Year 2023 Sanitary Sewer Improvements Project involves improvements
on Laurel Street, on Grove Terrace, on Center Grove, and the inspection and
condition assessment of other aging sewer infrastructure.
Is the system under any regulatory compliance order? ❑ Yes ❑■ No
Anticipated Construction Start Date: Summer of 2023
Anticipated Completion Date: Fall of 2024
How many people are served by the system: 59,1 19 eSt.
System Utilization for the most Number of Annual Revenue Percentage of System
recent ear: Connections Annual Usa e
R0S1Cleritlal 22,866 $7,046,736 56%
C01111110TC1a1 2,010
Industrial 70 $5,536,722 44%
Other �4s
Unmetered
TOtal 25,094 $12,583,458 100%
Iowa Finance Authority, 1963 Bell Ave, Suite 200,Des Moines,IA 50315 - ��- - � � �� �
www,iowasrf.com
4/21/21 �
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Anticipated Funding Information SRF
SRF construction loan? ❑■ Yes ❑ No
Community Development Block Grant (CDBG)? ❑ Yes ❑ No STATE
USDA-Rural Development (RD) Grant or Loan? ❑ Yes ❑ No �o���N�F�No
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Other �.��.�E���,�.�EOAA,�E�.oF�n��wEso�A�
Administrative, Financial & Le al ex enses $
En ineerin Plannin & Desi n ex enses $430,000
Land (onl after Environmental Review Clears $
Archaeological/Environmental $
E ui ment $
Other- $
Other- $
Total Plannin and Desi n Costs $a3o,000
Planning and Design Loan Request $430,000
Professional Consultants
Pro'ect Engineer Firm: City of Dubuque, Engineering Department
Name of Contact: Deron Muehring
Email: dmuehrin@cityofdubuque.org
Phone: 563.589.4276
Bond Counsel: Ahlers&Cooney
Name of Contact: Kristin Billingsley Cooper
Email: kcooper@ahlerslaw.com
Phone: 515.246.0330
Municipal Advisor: Independent Public Advisors
Name of ContaCt: Tionna Pooler
Ema11: tionna@ipamuni.com
Phone: 515.259.8193
This application must be accompanied by the applicants most recent �nancial statement.
If your financial information is available online,you may just provide a link:
The undersigned is duly authorized to request this loan on behalf of the Applicant. The Applicant
declares under penalty of law that all facts given, and information attached are true and correct. The
Applicant authorizes IFA to verify all information.
Deron MuehringDigitallysignedbyDeronMuehring 7/1/22
Date:2022.07.01 13:1228-OS'00'
Authorized Signature Date
TypedNameandTitle Deron Muehring, Civil Engineer
Completed application can be emailed to Iowa Finance Authority SRF Program Staff:
waterquality�a�,iowafinance.com
SIS 452-0400
Iowa Finance Authority, 1963 Bell Ave, Suite 200,Des Moines,IA 50315 � �- �� � �-��-�
www,iowasrf.com