Issuance of Not to Exceed $3,400,000 Sewer Revenue Capital Loan Notes Planning and Design Loan (State Revolving Loan Fund Program) Old Mill Phase IV Project – Catfish Creek Sewershed Improvement - South Fork Copyrighted
June 2, 2025
City of Dubuque ITEMS SET FOR PUBLIC HEARING # 5.
City Council
ITEM TITLE: Proceedings to Set Public Hearing on June 16, 2025 for the
Issuance of Not to Exceed $3,400,000 Sewer Revenue
Capital Loan Notes Planning and Design Loan (State
Revolving Loan Fund Program) Old Mill Phase IV Project—
Catfish Creek Sewershed Improvement - South Fork
SUMMARY: City Manager recommending that a public hearing be set for
June 16, 2025, on the issuance of a not to exceed
$3,400,000 Sewer Revenue Capital Loan Notes Planning and
Design Loan, State Revolving Loan Fund Program, the
proceeds of which will be used to fund the Old Mill Phase IV
Project— Catfish Creek Sewershed Improvement - South
Fork.
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 $3,400,000
SUGGUESTED Receive and File; Adopt Resolution(s), Set Public Hearing for
DISPOSITION: June 16, 2025
ATTAC H M ENTS:
1. MVM Memo Old MIII Rd Phase 4 South Fork SRF Set Public Hearing_MVM
Memo_2025_05_28
2. Old MIII Rd Phase 4 South Fork SRF Set Public Hearing_Staff memo_2025_05_28
3. 1 st Half Set Hrg Sewer Rev LDA (Old Mill Phase IV - South Fork) (Dubuque #24
2025)-v1
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Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proceedings to Set Public Hearing on June 16, 2025 for the Issuance of
Not to Exceed $3,400,000 Sewer Revenue Capital Loan Notes Planning
and Design Loan (State Revolving Loan Fund Program) Old Mill Phase IV
Project— Catfish Creek Sewershed Improvement - South Fork
DATE: May 28, 2025
Chief Financial Officer Jennifer Larson recommends that a public hearing be set for
June 16, 2025, on the issuance of a not to exceed $3,400,000 Sewer Revenue Capital
Loan Notes Planning and Design Loan, State Revolving Loan Fund Program, the
proceeds of which will be used to fund the Old Mill Phase IV Project — Catfish Creek
Sewershed Improvement - South Fork.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�Jv'"r,"� Y�,i,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
Page 653 of 2490
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TO: Michael C. Van Milligen, City Manager
FROM: Jennifer Larson, Chief Financial Officer
SUBJECT: Proceedings to Set Public Hearing on June 16, 2025 for the Issuance of Not
to Exceed $3,400,000 Sewer Revenue Capital Loan Notes Planning and
Design Loan (State Revolving Loan Fund Program) Old Mill Phase IV Project
— Catfish Creek Sewershed Improvement - South Fork
DATE: May 28, 2025
INTRODUCTION
The purpose of this memorandum is to provide suggested proceedings to set a public
hearing on the issuance of a not to exceed $3,400,000 Sewer Revenue Capital Loan
Notes Planning and Design Loan (State Revolving Loan Fund Program) Old Mill Phase IV
Project— Catfish Creek Sewershed Improvement - South Fork Project.
BACKGROUND
The adopted FY26 CIP budget includes funds to begin the design of this project utilizing
SRF funds.
DISCUSSION
This project provides for systematic upgrades to the Catfish Creek Sanitary Interceptor
Sewer system which branches out along the South Fork Catfish creek. The sewer system
will be upsized from Old Mill Road along the South Fork Catfish Creek 6.9 miles to the
Dubuque Metropolitan Solid Waste Agency. The Catfish Creek Interceptor Sewer was
constructed circa 1960. Extending westward from the Water & Resource Recovery Center,
it has allowed for the development of nearly 2,500 acres over the last two decades which
includes residential subdivisions, the Dubuque Industrial Center West, and service to the
Dubuque Metro Solid Waste Agency. The existing sanitary sewer was identified as being at
or exceeding capacity. The funding request will provide for the design, permitting, and
easement acquisition for sewer upsizing along the South Fork interceptor from Old Mill Road
to North Cascade Road.
Page 654 of 2490
Approved P&D loans are 0% interest for up to three years to cover the costs of engineering
to prepare facility plans and project plans &specifications. The loans are then typically rolled
into a SRF construction loan or repaid by another source of permanent financing.
ACTION TO BE TAKEN
I respectfully recommend the adoption of the enclosed resolution fixing the date of June 16,
2025, for a public hearing on the proposed issuance not to exceed $3.4 million in Sewer
Revenue Capital Loan Notes Planning and Design Loan (State Revolving Loan Fund
Program)for the Old Mill Phase IV Project— Catfish Creek Sewershed Improvement- South
Fork.
Attachments
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Brian DeMoss, Finance Manager
Page 655 of 2490
DORSEY
Y L
May 27, 2025
VIA EMAIL
Jenny Larson
Chief Financial Officer
Dubuque, Iowa
Re: $3,400,000 SRF Sewer Revenue Loan and Disbursement Agreement
File No. 430411
Dear Jenny:
We have prepared and attach proceedings for use at the June 2, 2025, City Council
meeting to set June 16, 2025, as the date for a hearing on the proposal to enter into the SRF
Sewer Revenue Loan and Disbursement Agreement (the "Agreement") in connection with the
Old Mill Phase IV Project—Catfish Creek Sanitary Interceptor Sewer System South Fork.
The documents attached 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. The last date on which this notice can be effectivel�published
is June 12, 2025.
As soon as the notice appears in the newspaper, please have a copy scanned and emailed
to me.
8oi Grand Avenue�Suite qioo�Des Moines,IA I 5o3o9-HOOz I T 515•z83•1o00�dorsey.com
Page 656 of 2490
Please return one fully executed copy of these proceedings to us as soon as they are
available.
Please call me if you have questions.
Best regards,
David D. Grossklaus
John P. Danos
Attachments
cc: Crenna Brumwell
Adrienne Breitfelder
Maxwell O'Brien
Todd Irwin
Tionna Pooler
Tracy Scebold
Tony Toigo
Lee Wagner
DORSEY&WHITNEY LLP
Page 657 of 2490
Dubuque/ 430411/1"'F. -Sewer Rev (Phase IV —South Fork)
MINUTES TO SET DATE FOR HEARING
ON ENTERING INTO A LOAN AND
DISBURSEMENT AGREEMENT
430411 (N/I)
Dubuque, Iowa
June 2, 2025
The City Council of the City of Dubuque, Iowa, met on June 2, 2025, at 6:30 p.m., at the
Historic Federal Building, 350 W. 6 h St, Second Floor Council Chambers, 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, Sprrank,
Wethal
Absent:
• • Other Business-
MOTION TO APPROVE RESOLUTION
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: Cavanagh, Roussell, Wethal, Shrank, Resnick, Farber, Jones
Nays:
Whereupon, the Mayor declared the resolution duly adopted as follows:
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MINES, IOWA
Dubuque/ 43041 l/1" %: - Sewer Rev (Phase IV — South Fork)
RESOLUTION NO. 191-25
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 $3,400,000
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 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 such prior Sewer Revenue debt 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
$3,400,000, 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 June 16, 2025, at 6:30 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, DES MOINES, IOWA
Dubuque/4304ll/ls�'/z-Sewer Rev(Phase IV—South Fork)
NOTICE OF PROPOSED ACTION TO INSTITUTE
PROCEEDINGS TO ENTER INTO A LOAN AND DISBURSEMENT AGREEMENT
IN A PRINCIPAL AMOUNT NOT TO EXCEED $3,400,000
(SEWER REVENUE)
The City Council of the City of Dubuque, Iowa, will meet on June 16, 2025, at 6:30 p.m.,
at the Historic Federal Building, 350 W. 6th St, Second Floor Council Chambers, for 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 $3,400,000
for the purpose of paying the cost, to that extent, of planning, designing and constructing
improvements and extensions to the Municipal Sanitary Sewer System (the "Utility") of the City.
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 Utility.
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.
Adrienne Breitfelder
City Clerk
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DORSEY&WffiTNEY LLP,ATTORNEYS,DES MOINES,IOWA
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Dubuque/ 430411/1 "/z - Sewer Rev (Phase IV — South Fork)
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 $14,000,000, (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 June 2, 2025.
Attest:
City Clerk
• • Other Business- -
On motion and vote, the meeting adjourned.
Attest:
City Clerk
ayor
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOMES, IOWA
Dubuque/ 430411/1'" h - Sewer Rev (Phase IV — South Fork)
ATTESTATION 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 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 13 day of L /), f 52025.
City Clerk
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
Dubuque/ 430411/1/1 % -Sewer Rev (Phase IV — South Foric)
ORGANIZATION AND ESTABLISHMENT CERTIFICATE:
STATE OF IOWA
COUNTY OF DUBUQUE SS:
CITY OF DUBUQUE
I, the undersigned 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 -ward 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 Cavanagh
Mayor
Michael Van Milligen
, City Manager
Jennifer Larson
Chief Financial Officer
Adrienne Breitfelder
City Clerk
Jennifer Larson
City Treasurer
Danny S rp ank
Council Member/Mayor Pro Tem
Susan Farber
Council Member
Ric Jones
Council Member
David Resnick
Council Member
Laura Roussell
Council Member
Katy Wethal
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 further 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.
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
Dubuque/ 430411/1" %a - Sewer Rev (Phase IV — South Fork)
'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.
WITNESS MY HAND this ,�) day of ` (J O C , 2025.
City Clerk
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
Dubuque/4304ll/ls�'/z-Sewer Rev(Phase IV—South Fork)
OUTSTANDING DEBT CERTIFICATE:
STATE OF IOWA
COUNTY OF DUBUQUE SS:
CITY OF DUBUQUE
I, the undersigned, 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 the Municipal Sanitary
Sewer System (the "Utility"), except as follows:
Principal Amount
Date Type Outstandin� Maturity
(Attach here a separate sheet listing any 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 , 2025.
City Clerk
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DORSEY&WffiTNEY LLP,ATTORNEYS,DES MOINES,IOWA
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Dubuque/4304ll/ls�'/z-Sewer Rev(Phase IV—South Fork)
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 , 2025.
City Clerk
(Attach here the publisher's original affidavit with clipping of the notice, as published.)
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DORSEY&WffiTNEY LLP,ATTORNEYS,DES MOINES,IOWA
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