State Revolving Fund (SRF) Loan Notes for Roosevelt Water Tower Planning/Design ProjectITEMS TO INCLUDE ON AGENDA
CITY OF DUBUQUE, IOWA
Not to Exceed $475,000 Water Revenue Capital Loan Notes.
• Public hearing on the authorization of a Loan and Disbursement Agreement and the
issuance of Notes to evidence the obligation of the City thereunder.
• Resolution instituting proceedings to take additional action.
NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE
CHAPTER 21 AND THE LOCAL RULES OF THE CITY.
August 21, 2017
The City Council of the City of Dubuque, State of Iowa, met in regular session, in the
Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:00 o'clock P.M., on the
above date. There were present Mayor Roy D. Buol in the chair, and the following named
Council Members:
Joyce Connors, Luis Del Toro, Ric Jones, Kevin Lynch, David
Resnick, Jake Rios
Absent:
The Mayor announced that this was the time and place for the public hearing and meeting
on the matter of the authorization of a Loan and Disbursement Agreement by and between the
City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority of not to
exceed $475,000 Water Revenue Capital Loan Notes to evidence the obligations of the City
under said Loan and Disbursement Agreement, in order to provide funds to pay costs of
acquisition, construction, reconstruction, extending, remodeling, improving, repairing and
equipping all or part of the Municipal Water System, including for the Roosevelt Water Tower,
and that notice of the proposed action by the City Council to institute proceedings for the
authorization of the Loan and Disbursement Agreement and the issuance of the Notes had been
published pursuant to the provisions of Sections 384.24A and 384.83 of the Code of Iowa, as
amended.
The Mayor then asked the Council whether any written objections had been filed by any
City resident or property owner to the proposal. The Clerk advised the Mayor and the Council
that -0- written objections had been filed. The Mayor then called for oral objections to the
proposal and -0- 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 City Council then considered the proposed action and the extent of objections
thereto.
Whereupon, Council Member Lynch introduced and delivered to the Clerk the Resolution
hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AND DISBURSEMENT
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $475,000 WATER REVENUE
CAPITAL LOAN NOTES", and moved:
that the Resolution be adopted.
❑ to ADJOURN and defer action on the Resolution and the proposal to
institute proceedings to the meeting to be held at o'clock
.M. on the day of , 2017, at this
place.
Council Member Connors seconded the motion. The roll was called and the vote was,
AYES: Lynch, Connors, Buol, Del Toro, Jones, Rios, Resnick
NAYS:
Whereupon, the Mayor declared the measure duly adopted.
RESOLUTION NO. 307-17
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL
ACTION FOR THE AUTHORIZATION OF A LOAN AND DISBURSEMENT
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $475,000
WATER REVENUE CAPITAL LOAN NOTES
3
WHEREAS, pursuant to notice published as required by law, this City Council has held a
public meeting and hearing upon the proposal to institute proceedings for the authorization of a
Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority,
and the issuance to the Iowa Finance Authority of not to exceed $475,000 Water Revenue
Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement
Agreement, for the purpose of paying costs of acquisition, construction, reconstruction,
extending, remodeling, improving, repairing and equipping all or part of the Municipal Water
System, including for the Roosevelt Water Tower, and has considered the extent of objections
received from residents or property owners as to said proposal, 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 1. That this City Council does hereby institute proceedings and takes additional
action for the authorization of a Loan and Disbursement Agreement by and between the City and
the Iowa Finance Authority, and the issuance to the Iowa Finance Authority in the manner
required by law of not to exceed $475,000 Water Revenue Capital Loan Notes for the foregoing
purpose.
Section 2. That the Clerk, with the assistance of bond counsel, is hereby authorized and
directed to proceed with the preparation of such documents and proceedings as shall be
necessary to authorize the City's participation in the DWSRF Loan Program, to select a suitable
date for final City Council authorization of the required Loan and Disbursement Agreement and
issuance of the Note to evidence the City's obligations thereunder, and to take such other actions
as the Clerk shall deem necessary to permit the completion of a loan on a basis favorable to the
City and acceptable to this Council.
PASSED AND APPROVED this 21st day of August, 2017.
1
ATTEST:
Mayor
4
CERTIFICATE
STATE OF IOWA
) SS
COUNTY OF DUBUQUE
I, the undersigned City Clerk of the City of Dubuque, State of Iowa, do hereby certify
that attached is a true and complete copy of the portion of the corporate records of the City
showing proceedings of the City 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 City hereto affix -cl thi ,22nd day of August, 2017.
�f
(SEAL)
01386320-1\10422-185
City Jerk, City of Dubuque, State of Iowa
Copyrighted
August 21, 2017
City of Dubuque Public Hearings # 2.
ITEM TITLE: State Revolving Fund (SRF) Loan Notes for Roosevelt
Water Tower Planning and Design Project
SUMMARY: Proof of publication on notice of public hearing to consider
approval of suggested proceedings for the public hearing
on the issuance of a not-to-exceed $475,000 State
Revolving Fund (SRF) Planning & Design Loan and the City
Manager recommending approval.
RESOLUTION Instituting Proceedings to take additional
action for the authorization for a Loan and Disbursement
Agreement and the issuance of not-to-exceed $475,000
Water Revenue Capital Loan Notes
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Public Hearing on Water Revenue Capital Loan Notes- City Manager Memo
MVM Memo
Memo to Hold Public Hearing 475K Roosevelt Staff Memo
Letter of Instruction from Ahlers $475L Supporting Documentation
Resolution for$475K SRF Roosevelt Resolutions
THE COF Dubuque
DtUB
E All-America
City
Masterpiece on the Mississippi 1 1 1 1"
2009•2012•2013•2019
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
$475,000 Water Revenue Capital Loan Notes (Interim Financing) State
Revolving Funds, Planning & Design Loan Application for Roosevelt
Water Tower
DATE: August 14, 2017
Finance Director Jean Nachtman is recommending City Council approval of the
suggested proceedings for the public hearing on the issuance of a not to exceed
$475,000 State Revolving Fund (SRF) Planning & Design Loan. The proceeds of the
loan will be used to fund the planning and design portion of the Roosevelt Water Tower
Project.
The proceedings have been 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 authorize the form of Loan and Disbursement Agreement and issue the
Notes to the Iowa Finance Authority. 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 to enter into the Agreement and issue the Notes, a
form of resolution follows that should be introduced and adopted, entitled "Resolution
Instituting Proceedings to Take Additional Action."
In the event the Council decides to abandon the proposal, then the form of resolution
included in said proceedings should not be adopted. In this event, a motion merely be
adopted to the effect that such proposal is abandoned.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
ZIAIZ
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Jean Nachtman, Finance Director
Jennifer Larson, Budget Director
2
THE CITY OF Dubuque
UBgkE 111-America III
I.
Masterpiece on the Mississippi 2007-2012-2013
TO: Michael C. Van Milligen, City Manger
FROM: Jean Nachtman, Finance Director
SUBJECT: Proceedings for Public Hearing on the Issuance of Not to Exceed
$475,000, Water Revenue Capital Loan Notes (Interim Financing) State
Revolving Funds, Planning & Design Loan Application for Roosevelt Water
Tower
DATE: August 11 , 2017
INTRODUCTION:
The purpose of this memorandum is to provide suggested proceedings for a public hearing
on the issuance of a not to exceed $475,000 SRF Planning & Design Loan. The proceeds
of which will be used to fund the planning and design portion of the Roosevelt Water
Tower project. A letter from attorney Kristin Cooper detailing information on the public
hearing is enclosed.
DISCUSSION
The City of Dubuque is pursuing an engineered solution to resolve low pressures
experienced in the City of Dubuque's second pressure zone in the City's water distribution
system. The second pressure zone or Zone 2 encompasses the area in and around
Roosevelt Street and Peru Road includes the Sky Blue Estates subdivision, Alpine Park
development and Eagle Valley Subdivision. Zone 2 pressures are provided by the existing
Eagle Point Park elevated water tower. It has a volume of 500,000 gallons with an
overflow elevation of 935 feet above mean sea level. Water is pumped into the second
pressure zone from two locations, the water treatment plant and the Stafford Street
booster station. Over a twenty-year period, the area has experienced residential
development growth, however the growth has started to surpass the ability of the available
Zone 2 water storage and the distribution system to provide suitable pressures and
volume. The elevation of the overflow at the Eagle Point Park tower has been identified as
limiting the available water pressure in the zone; most notably the pressure at the highest
point along Roosevelt Road. The City has looked at several solutions including a booster
pump station and a replacement elevated tower. Following careful consideration, the City
is in favor of installing an elevated water tower at a higher elevation to replace the existing
Eagle Point Water tower. The proposed improvements would include: the installation of a
composite style water tower with an estimated size, prior to a hydraulic analysis, of 1.25
million gallons, along with water main improvements, pressure reducing stations, water
treatment plant pump replacements, abandonment of Stafford Street pump station and the
demolition of Eagle Point Park water tower.
The City currently has six pressure zones, 1 through 6. A new elevated water tower in
Zone 2 would also enable the City to evaluate the possibility of reducing the number of
pressure zones thereby increasing available storage, improving water quality, and
increase the distribution system's flow characteristics for fire suppression. Zone 2 could be
connected to Olympic Heights subdivision (Zone 5) and the Olympic Heights booster
pump station could be taken out of service reducing energy, operation and maintenance
costs, and a pressure zone. Following a hydraulic analysis, if Zones 2 and 3 were to be
combined, water fed from the north via Zone 2 with a 1 .25-million-gallon tank would
improve flow rates and reliability into Zone 3. The overflow elevation of the proposed Zone
2 elevated water tower located on Roosevelt Street, would be evaluated to match the
overflow elevations of Zone 3 storage facilities, including the elevated 0.75MG College
Street tower, with the possibility of eliminating Zone 3, thereby reducing the City's pressure
zone down to four from six.
The State Revolving Capital Loan Notes will carry a 0% interest rate for up to three years
and have no initiation or servicing fees. The loan may be rolled into an SRF Construction
Loan or repaid when permanent financing is obtained.
The proceedings have been 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 authorize the form of Loan and Disbursement Agreement and issue the Notes
to the Iowa Finance Authority. 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 to enter into the Agreement and issue the Notes, a form of resolution
follows that should be introduced and adopted, entitled "Resolution Instituting Proceedings
to Take Additional Action."
In the event the Council decides to abandon the proposal, then the form of resolution
included in said proceedings should not be adopted. In this event, a motion merely be
adopted to the effect that such proposal is abandoned.
ACTION TO BE TAKEN
I respectfully recommend the holding of the public hearing and approve the resolution.
Attachments
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manger
Jenny Larson, Budget Director
Denise Ihrig, Water Department Manager
Ahlers &Cooney, P.C.
A H L E R S COONEY Attorneys at Law
100 Court Avenue, Suite 600
A T T O R N E Y S Des Moines, Iowa 50309-2231
Phone: 515-243-7611
Fax: 515-243-2149
www.ahlerslaw.com
Kristin B. Cooper
515.246.0330
kcooper@ahlerslaw.com
August 9, 2017
VIA EMAIL
Ms. Jenny Larson
Budget Director
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001
RE: Dubuque, Iowa- Not To Exceed $475,000 Water Revenue Capital Loan
Notes (Interim Financing) (State of Iowa Revolving Fund Loan)
Dear Jenny:
We have prepared and are enclosing herewith suggested public hearing proceedings
relating to the authorization of the above-referenced Notes. These 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 City Council to authorize the form of Loan and
Disbursement Agreement and issue the Notes to the Authority. 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 City Council decides to enter into the Agreement and issue the
Notes, a form of resolution follows that should be introduced and adopted, entitled "Resolution
Instituting Proceedings to Take Additional Action."
Section 384.83 of the Code of Iowa provides that any resident or property owner of the
City may appeal the decision to take additional action 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 City 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 to our office for review.
In the event the City Council decides to abandon the proposal 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 proposal is abandoned.
wISHARB & BAILY - 1888; GUERNSEY & BAILY -- 1893; BAILY & STIPP 1901; S'rIPP, PERRY, BANNISTER & STARZINGER - 1914: BANNISTER, CARPENTER,
AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE. HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE. SMITH & ALIBEE, P.C. - 1990
August 9, 2017
Page 2
The Resolution taking additional action also acknowledges and approves of the terms of
the SRF loan program. As you know, the terms of the loan being offered to the City are
established primarily by reference to two external sources: the Authority's administrative rules
governing the SRF Program and, to a lesser extent, by the terms of the bonds issued by the
Authority to fund the City's loan. These loan terms are not negotiable by individual borrowers,
and the City's decision to participate in the SRF Program effectively commits it to accept a loan
on the stated terms.
Should you have any questions concerning the enclosed proceedings or the SRF Program,
please don't hesitate to contact me.
Very truly yours,
Ahlers & Cooney, P.C.
Kr stip Billingsley Cooper
FOR THE FIRM
KBC:seb
Enclosures
cc: Alexis Steger, Senior Budget Analyst, City of Dubuque
Jean Nachtman, Finance Director, City of Dubuque
Tami Lansing, Assistant Finance Director, City of Dubuque
Kevin Firnstahl, City Clerk, City of Dubuque
Ella Lahey, Confidential Account Clerk, City of Dubuque
Denise Ihrig, Water Department Manager, City of Dubuque
Tionna Pooler, Independent Public Advisors, LLC
01385106-1\10422-185
CERTIFICATE
STATE OF IOWA
) SS
COUNTY OF DUBUQUE
I, the undersigned, do hereby certify that I am now and was at the times hereinafter
mentioned, the duly qualified and acting Clerk of the City of Dubuque, in the County of
Dubuque, State of Iowa, and that as such Clerk and by full authority from the Council of the
City, I have caused a
NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA, ON THE MATTER OF THE PROPOSED
AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT
AND THE ISSUANCE OF NOT TO EXCEED $475,000 WATER REVENUE
CAPITAL LOAN NOTES, OF THE CITY OF DUBUQUE, AND THE
PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE
THEREOF
of which the clipping annexed to the publisher's affidavit hereto attached is in words and
figures a correct and complete copy, to be published as required by law in the Telegraph
Herald, a legal newspaper published at least once weekly, printed wholly in the English
language, published regularly and mailed through the post office of current entry for
more than two years and which has had for more than two years a bona fide paid
circulation recognized by the postal laws of the United States, and has a general
circulation in the City, and that the Notice was published in all of the issues thereof
published and circulated on the following date:
August 11, 2017.
WITNESS my official signature at Dubuque, Iowa, this 2 3rd
August , 2017.
(SEAL)
01386312-1\10422-185
day of
City Clerl City of Du.uque, State of Iowa
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: August 11, 2017, and for which the charge is $34.75.
Subscribed to before me, a Notary Public in and for Dubuque County,
, 20 /7
this /.3W day of
0
Notary Public in and for Dubuque County, Iowa.
a,
MARY K WESTERMEYER
Commission Number 154885
My Commission Exp. Feb. 1, 2020
art OF DURDQUE;
. IzATIONL,,OF' AV LOAN'
AGREEMENT
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• ON' THE. AUTHORIZA
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NOTICE
hold 'a 'public' hearing
Historic Federal Build-
ing, 350 West 6th
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at. whitligheeting, the
Council propeses to
, take 'additionah action,
a...;:toan and Disburse
. merrt Agreement: by
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issuance to' the Iowa .
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'not to exCeed $475,000
„Water BeVenue Capital ,
.Loari-Notes to evidence • '1
the obligations_ of the
under. said Loan
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—