Federal Transit Administration - Opinion of CounselCity of Dubuque
City Council
CONSENT ITEMS # 16.
Copyrighted
March 3, 2025
ITEM TITLE: Federal Transit Administration - Opinion of Counsel
SUMMARY: City Attorney recommending City Council adopt the resolution
authorizing the City of Dubuque to apply for Federal Transit
Administration (FTA) funding and that the City Attorney be
authorized to send the opinion letter to the FTA.
RESOLUTION Authorizing The Filing Of Applications With
The Federal Transit Administration, An Operating
Administration Of The United States Department Of
Transportation, For Federal Transportation Assistance
Authorized By 49 U.S.C. Chapter 53, Title 23 United States
Code, And Other Federal Statutes Administered By The
Federal Transit Administration
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. Memo—Council—FTA Application and Opinion of Counsel_2-25-25
2. Resolution FTA Requirements _2-25-25
3. FTA—Legal Opinion_2-25-25
4. Application
Page 329 of 629
THE CITY OF
DUB E
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, EsQ.
CITY ATTORNEY
To: Mayor Brad M. Cavanagh and Members of the City Council
DATE: February 25, 2025
RE: Federal Transit Administration — Opinion of Counsel
Dubuque
All•A�eNea 6Iq
1I �ol
I I
2007-2012.2013
2017*2019
Attached for your consideration is an opinion of counsel to the Federal Transit
Administration (FTA) setting out the authority of the City to apply for FTA funding for transit
projects and a resolution authorizing the City of Dubuque to apply for FTA funding.
The opinion is necessary for several reasons. First, federal law requires the FTA to have
this opinion on file for every grantee of FTA funds. Second, it clearly communicates who
the applicant is as well as who the designated recipient is and ensures that the FTA and
the applicant, the City of Dubuque, have a clear understanding of that statute. Third, it
establishes the legal chain of authority, i.e. that the City is both a direct recipient of funds
from the FTA and a subrecipient from the State of Iowa.
The opinion also shows whether and how the applicant is able to provide for the local
share of the funds and whether and how the applicant has authority to provide and assist
in public transit.
Finally, the opinion advises the FTA that there is no threatened litigation or legal
impediment to receiving these funds, and that the applicant is legally able to receive
federal assistance and how it will use its authority to provide public transit service to meet
the needs of the community.
I request that you adopt the resolution authorizing the City of Dubuque to apply for FTA
funding and that you authorize me to send the opinion letter to the Federal Transit
Administration.
Attachment
cc: Michael C. Van Milligen, City Manager
Ryan Knuckey, Transportation Services Director
Jodi Johnson, Transit Operations Supervisor
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 589-4381 / FAx (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org
Page 330 of 629
Prepared by Crenna Brumwell. Esg., 300 Main St. Ste. 330 Dubuque IA 52001-6944 (563) 583-4113
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13t' St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 78-25
AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT
ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED STATES
DEPARTMENT OF TRANSPORTATION, FOR FEDERAL TRANSPORTATION ASSISTANCE
AUTHORIZED BY 49 U.S.C. CHAPTER 53, TITLE 23 UNITED STATES CODE, AND OTHER
FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION
WHEREAS, the Federal Transportation Administrator has delegated authority to award
Federal financial assistance for transportation projects; and
WHEREAS, the grant or cooperative agreement for Federal financial assistance will impose
certain obligations upon the Applicant, and may require the Applicant to provide the local share
of the project cost; and
WHEREAS, the Applicant has or will provide all annual certifications and assurances to the
Federal Transit Administration required for the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Mayor or the Mayor's designee is authorized to execute and file an
application for Federal assistance on behalf of the City of Dubuque/The Jule with the Federal
Transit Administration for Federal assistance authorized by 49 U.S.C. chapter 53, Title 23,
United States Code, or other Federal statutes authorizing a project administered by the Federal
Transit Administration.
Section 2. The Mayor of the City of Dubuque or the Mayor's designee is authorized to
execute said grant and cooperative agreements with the Federal Transit Administration on
behalf of the City of Dubuque/The Jule.
Section 3. The Mayor or the Mayor's designee is authorized to execute and file the annual
certifications and assurances and any other documents with its grant application as required
by the Federal Transportation Administration in connection with a Federal assistance grant or
cooperative agreement.
Section 4. The City Clerk is authorized and directed to attest the required signatures.
Passed, approved, and adopted this 3rd of March, 2025.
- MEMO/
.• •
Attest:
Adrienne N. Breitfelder, ity Clerk
CERTIFICATION
The undersigned duly qualified City Clerk, acting on behalf of the City of Dubuque/The Jule,
certifies that the foregoing is a true, correct, and certified copy of the resolution adopted at a
legally convened meeting of the Dubuque City Council held on March 3, 2025.
VN-.0r••�y,�
'T4 4",
Adrienne N..Breitfelder, City Clerk
3/y %a 6,
Date
Crenna M. Brumwell, Esq.
City Attorney
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 589-4381 office
(563)583-1040 fax
cbrumwel(a,cityofdubuque. org
Mayor Brad M. Cavanagh and
Members of the City Council
City Hall — City Clerk's Office
50 W. 13t" Street
Dubuque, IA 52001
Dubuque
THE CITY OF
DUB E
uHAnerlo cn�
11,1n1,1
2007-2012.2013
2017*2019
Masterpiece on the Mississippi
February 25, 2025
RE: Federal Transit Administration — Opinion of Counsel
Dear Mayor and Council Members:
This communication will serve as the requisite opinion of counsel for the benefit of the
Federal Transit Administration, United States Department of Transportation, in
connection with the application of the City of Dubuque, Iowa for federal transportation
assistance authorized by 49 U.S.C. Chapter 53, Title 23 United States Code, and other
federal statutes authorizing activities administered by the Federal Transit Administration.
The Applicant, City of Dubuque, Iowa, qualifies as a recipient of FTA funds via both:
1. 49 U.S.C. 5307: Urbanized area formula grants, and
2. 49 U.S.C. 5339: Grants for buses and bus facilities.
The City receives funds as both a Designated Recipient, Recipient ID 1832, where
funding is received directly from FTA pursuant to 49 U.S.C. 5307(a)(2) and as a
subrecipient of the State of Iowa.
Citations to laws and regulations establishing the legal authority of the City of Dubuque,
Iowa to carry out transportation projects for which federal assistance is sought include:
1. The City of Dubuque, Iowa is authorized by Iowa Code §§364.1 and 384.24
to provide and assist transportation by the acquisition, construction,
reconstruction, extension, improvement, and equipping of city enterprises which
includes transit systems.
1
Page 333 of 629
2. The authority of the City of Dubuque, Iowa to provide funds for the local
share of the project is set forth in Iowa Code §384.12:
Sec. 384.12 Additional taxes.
A city may certify, for the general fund levy, taxes which are not subject to
the limit provided in section 384.1, and which are in addition to any other
moneys the city may wish to spend for such purposes, as follows:
1. A tax for the operation and maintenance of a municipal transit
system or for operation and maintenance of a regional transit district,
and for the creation of a reserve fund for the system or district, in an
amount not to exceed ninety-five cents per thousand dollars of
assessed value each year, when the revenues from the transit
system or district are insufficient for such purposes.
I have reviewed the pertinent federal, state, and local laws, and I have concluded that
there is no legal impediment to your filing of an application for the project for which the
City of Dubuque, Iowa seeks assistance. Furthermore, as a result of my examination, I
find that there is no pending or threatened litigation or other action which might in any
way adversely affect the proposed project or the capability of the City of Dubuque, Iowa
to carry out the project.
Very sincerely,
Crenna M. Brumwell
City Attorney
cc: Michael C. Van Milligen, City Manager
Ryan Knuckey, Transportation Services Director
Jodi Johnson, Transit Operations Supervisor
2
Page 334 of 629
DOT FTA
U.S. Department of Transportation Federal Transit Administration
Application
Federal Award Identification Number (FAIN) 1832-2025-1
Temporary Application Number 1832-2025-1
Award Name City of Dubuque FFY24 Sec. 5307 Operating Grant
Application Status Initial Review / Concurrence
Application Budget Number 0
Period of Performance Start Date N/A
Original Period of Performance End Date 11/15/2025
Current Period of Performance End Date 11/15/2025 Revision #: 0 Approved?: No
Part 1: Recipient Information
Name: CITY OF DUBUQUE
Recipient ID Recipient OST Type Recipient Alias UEI DUNS
1832 Transit Authority THE CITY OF DUBUQUE TLJMHPVMMUD3 093105302
Location Type
Address
City
State
Zip
Physical Address
50 W 13TH ST
DUBUQUE
IA
52001
Mailing Address
50 WEST 13TH ST
DUBUQUE
IA
52001
Union Information
Union Name
GENERAL DRIVERS
Address 1
2649 Windsor Ave
Address 2
City
Dubuque
State
Iowa
Zipcode
52001
Contact Name
Mike Feltes
Page 335 of 629
Telephone 5635563905
Fax
E-mail N/A
Website
Part 2: Application Information
Title: City of Dubuque FFY24 Sec. 5307 Operating Grant
FAIN Application Status Award Application Cost Date Last Updated From
Type Center Created Date TEAM?
1832- Initial Review / Grant Region 7 1/28/2025 1/28/2025 No
2025-1 Concurrence
Application Executive Summary
This application is to request Section 5307 funds apportioned to the City of Dubuque with UZA 192490
in the amount of FFY 2024 $1,894,349.00 for Operating Assistance.
Funding:
Federal FY2024 Funds: $1,894,349.00
Local Funds: $1,894,349.00
Total Grant Funds: $3,788,698.00
Source of Local Match:
The City of Dubuque uses the local tax levy as the source of local match
The Jule operates fixed -route and paratransit service in the City of Dubuque, Iowa and East Dubuque,
Illinois.
The Jule will follow all 3rd party procurement policies as defined in C4220.1 F The Jule will ensure
contractors procured will not be on the FTA Suspension and Debarment list.
Pre -award authority was selected because operating expenses will be claimed for the period of 7/1/24 -
06/30/25 and it is estimated that approximately $2,473,343 of operating costs will be incurred through
01/31/25 and prior to grant award.
Frequency of Milestone Progress Reports (MPR)
No Selection Made
Frequency of Federal Financial Reports (FFR)
No Selection Made
Does this application include funds for research and/or development activities?
This award does not include research and development activities.
Pre -Award Authority
This award is using Pre -Award Authority.
Does this application include suballocation funds?
Recipient organization is directly allocated these funds and is eligible to apply for and receive these
funds directly.
Will this Grant be using Lapsing Funds?
Page 336 of 629
No Selection Made
Will indirect costs be applied to this application?
This award does not include an indirect cost rate.
Indirect Rate Details: N/A
Requires E.O. 12372 Review
No, this application does not require E.O. 12372 Review.
Delinquent Federal Debt
No, my organization does not have delinquent federal debt.
Award Description
Purpose
Operating reimbursement for eligible expenses including employee wages, benefits, fuel, and general
operating expenses.
Activities to be performed:
Funds will be used for the Jules's operating reimbursement for eligible expenses including employee
wages and benefits, fuel, and general operating expenses to include all tasks and costs related to the
maintenance of grounds, facilities, uniforms, equipment, staff, vehicles. Expected timeframe for eligible
reimbursement: July 1, 2024 thru June 30, 2025.
Expected outcomes:
The Jule will continue to service the residents of Dubuque with regular bus service. The Jule offers
fixed route service Monday through Friday from 4:45 AM to 6:45 PM and Saturdays from 8:00 AM to 5:
45 PM. The Jule offers Minibus paratransit service for qualifying individuals under ADA or seniors (65+
years). Minibus operates during regular fixed route service hours.
Intended beneficiaries:
The Jule employees and local residents of the City of Dubuque; riders that rely on transit service as
their primary form of transportation for access to employment, education, and other needs.
Subrecipient Activities:
NA
Application Point of Contact Information
First Last Name Title E-mail Address Phone
Name
hley Higgins
Johnson
TRANS PROGRAM
SPECIALIST
ashley.higgins@dot.gov
Transit Operations jjohnson@cityofdubuque.or 5635894198
Supervisor g
kelleen.broxterman@dot.gov Grants Management
Specialist
Application Budget Control Totals
Page 337 of 629
Funding Source Section of
Statute
CFDA Amount
Number
5307 - Urbanized Area Formula Grants (2013 and 5307-2A
20507 $1,894,349
Forward)
Local
$1,894,349
Local/In-Kind
$0
State
$0
State/In-Kind
$0
Other Federal
$0
Transportation Development Credit
$0
Adjustment
$0
Total Eligible Cost
$3,788,698
Application Budget
Project Budget Item FTA Amount Non-FTA Total Eligible Quantity
Number Amount Amount
1832-2025-1- 300- OPERATING
P1 00 ASSISTANCE $1,894,349.00 $1,894,349.00 $3,788,698.00 0
(300-)
1832-2025-1- UP TO 50%
P1 30.09.01 FEDERAL $1,894,349.00 $1,894,349.00 $3,788,698.00 0
SHARE
Discretionary Allocations
This application does not contain discretionary allocations.
Part 3: Project Information
Project Title: City of Dubuque FFY24 Sec. 5307 Operating Grant
Project Number Temporary Project Number Date Created Start Date End Date
1832-2025-1-P1 1832-2025-1-P1 1 /28/2025 7/1 /2024 7/31 /2025
Project Description
Operating reimbursement for eligible expenses including employee wages, benefits, vehicle
maintenance, fuel, and general operating expenses.
Project Benefits
Project provides financial support for provision of public transit service in the City of Dubuque, Iowa
Additional Information
None provided.
Page 338 of 629
Location Description
Jule Operations and Training Center
949 Kerper Blvd.
Dubuque, IA 52001
Dubuque County
Project Location (Urbanized Areas)
JZA Code Area Name
172490 Dubuque, IA -IL
Congressional District Information
Astrict State
I Iowa
Program Plan Information
STIP/TIP
Date: 9/23/2022
Description: See page 321 of the Statewide Transportation Improvement Program 2023-2026
MPO 27 / DMATS and the TPMS project number is #10044. The STIP FY 2024-2027 TPMS # is 10734
and has the correct funding amount
UPWP
Date: Not Provided
Description: NA
Long Range Plan
Date: Not Provided
Description: NA
Project Control Totals
Funding Source Section of
Statute
CFDA Amount
Number
3307 - Urbanized Area Formula Grants (2013 and 5307-2A
20507 $1,894,349
brward)
-ocal
$1,894,349
-ocal/In-Kind
$0
State
$0
State/In-Kind
$0
Page 339 of 629
Dther Federal $0
Fransportation Development Credit $0
kdjustment $0
dotal Eligible Cost $3,788,698
Project Budget
Project Budget Item FTA Amount Non-FTA Total Eligible Quantity
Number Amount Amount
1832-2025-1- 300- OPERATING
P1 00 ASSISTANCE $1,894,349.00 $1,894,349.00 $3,788,698.00 0
(300-)
1832-2025-1- UP TO 50%
P1 30.09.01 FEDERAL $1,894,349.00 $1,894,349.00 $3,788,698.00 0
SHARE
Project Budget Activity Line Items
Budget Activity Line Item: 30.09.01 - UP TO 50% FEDERAL SHARE
Scope Name / Code Line Line Item Name Activity Quantit
Item # y
OPERATING ASSISTANCE 30UP TO 50% FEDERAL OPERATING 0
(300-00) .09.01 SHARE ASSISTANCE
Extended Budget Description
Extended Budget Description
Operating reimbursement for eligible expenses including employee wages, benefits, fuel, and general
operating
expenses. Timeframe eligible for reimbursement: July 1, 2024 to June 30, 2025.
Will 3rd Party contractors be used to fulfill this activity line item?
No, 3rd Party Contractors will not be used for this line item.
Funding Source Section of
Statute
CFDA Amount
Number
5307 - Urbanized Area Formula Grants (2013 and 5307-2A
20507 $1,894,349
'onward)
_ocal
$1,894,349
-ocal/In-Kind
$0
State
$0
State/In-Kind
$0
Page 340 of 629
Dther Federal $0
Transportation Development Credit $0
4djustment $0
Total Eligible Cost $3,788,698
Milestone Name Est. Completion Description
Date
Start Date 7/1/2024
=nd Date 7/31/2025
Project Environmental Findings
Finding: Class II(c) - Categorical Exclusions (C-List)
Class Level Description
Class II(c) consists of projects that do not have a significant environmental impact on the human or
natural environment and are therefore categorically excluded from the requirement to prepare an
environmental assessment or an environmental impact statement. FTA requires a sufficient project
description to support a CE determination. The project may require additional documentation to comply
with other environmental laws.
Categorical Exclusion Description
Type 04: Planning and administrative activities which do not involve or lead directly to construction,
such as: training, technical assistance and research; promulgation of rules, regulations, directives, or
program guidance; approval of project concepts; engineering; and operating assistance to transit
authorities to continue existing service or increase service to meet routine demand.
Date Description Date
;,lass Ilc CE Approved
Scope Name / Code Line Item
Number
OPERATING 30.09.01
ASSISTANCE (300-00)
Part 4: Fleet Details
No fleet data exists for this application.
Line Item Name Quantit FTA Amount Total Eligible
Cost
UP TO 50% 0
FEDERALSHARE
Part 5: FTA Review Comments
There are no review comments to display at this time.
$1,894,349.00 $3,788,698.00
Page 341 of 629