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Water Revenue Capital Loan Notes_$8mTO: 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 $8,000,000 Water Revenue Capital Loan Notes (Drinking Water State Revolving Fund Loan) for the Water Meter Change Out Project DATE: July 15, 2009 Finance Director Ken TeKippe is recommending approval of the "Resolution Instituting Proceedings to Take Additional Action for the Authorization of a Loan and Disbursement Agreement and the Issuance of $8,000,000 Water Revenue Capital Loan Notes." This will permit the City to take advantage of the 3% fixed interest rate for 20 years with a .25% annual administrative fee associated with the borrowing from the Drinking Water State Revolving Loan Fund. There is a 1 % origination fee for the borrowing. The loan funds will be used for the Water Meter Change Out Project. The work includes replacing approximately 22,000 water meters and installation of hardware and software for fixed based remote read capabilities. I concur with the recommendation and respectfully request Mayor and City Council approval. ,~ Mic ael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Kenneth J. TeKippe, Finance Director THE CITY OF Dubuque DT TR ~ M-AmerlcaClty Masterpiece on the Mississippi. 2007 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 $8,000,000 Water Revenue Capital Loan Notes (Drinking Water State Revolving Fund Loan) for the Water Meter Change Out Project DATE: July 13, 2009 The purpose of this memorandum is to provide the suggested proceedings for the public hearing on the issuance of not to exceed $8,000,000 Water Revenue Capital Loan Notes (Drinking Water State Revolving Fund Loan) for the Water Meter Change Out Project. The hearing called by the enclosed proceedings will permit the City to take advantage of the 3% fixed interest rate for 20 years with a .25% annual administrative fee associated with the borrowing. There is a one-time 1 % loan origination fee for the borrowing. The loan funds will be used for the Water Meter Change Out Project. The work includes replacing approximately 22,000 water meters and installation of hardware and software for fixed based remote read capabilities. 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 Notes to be closed. Immediately following, a resolution is to be introduced and adopted entitled "Resolution Instituting Proceedings to Take Additional Action for the Authorization of a Loan and Disbursement Agreement and the Issuance of $8,000,000 Water Revenue Capital Loan Notes." 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 issue the loan, 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 the Council decides to abandon the proposal to issue said loans, 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 loan proposal is abandoned. The action step for City Council is to hold the public hearing and approve the resolution. A letter from attorney William Noth detailing information on the bond hearing is enclosed. KJT/jmg Enclosures cc: Barry Lindahl, City Attorney Jenny Larson, Budget Director Jeanne Schneider, City Clerk AHLERS ~.COON~Y, P.C. ATTORNEYS AT LAW 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 July 7, 2009 Mr. Ken TeKippe Finance Officer City of Dubuque 50 West 13th Street Dubuque, Iowa 52001-4864 RE: Not to exceed $8,000,000 Water Revenue Capital Loan Notes (Drinking Water State Revolving Fund Loan) Dear Mr. Tekippe: Direct Dial: (515)246-0332 With this letter I am enclosing suggested Council proceedings for the date of the public hearing on the proposed issuance of the above Notes. 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 Loan Agreement and issue the Note, 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 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. July 7, 2009 Page 2 In the event the 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. Once a final loan amount has been determined, you will need to contact the Iowa Finance Authority to request a disbursement and repayment schedule. Please let me know when you receive the same so that I can prepare the final Council resolution authorizing issuance of the Note. Should you have any questions, please don't hesitate to contact me. Yours very truly, William J. Noth WJN:dc encl. DCORNELU 622491.1 /MSWord\10422.091 The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Connors 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 $8,000,000 WATER REVENUE CAPITAL LOAN NOTES", and moved: XX 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 , 2009, at this place. Council Member Lynch seconded the motion. The roll was called and the vote was, AYES: Braig, Buol, Connors, Jones, Lynch, Resnick, Voetberg NAYS: None Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. 254-09 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $8,000,000 WATER REVENUE CAPITAL LOAN NOTES 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 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 $8,000,000 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 Utility, including those costs associated with the acquisition and installation of a fixed radio network water meter system, 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 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 $8,000,000 Water Revenue Capital Loan Notes for the foregoing purpose. Section 2. That the City Clerk, with the assistance of the City Attorney and 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 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. Section 3. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that water fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Loan and Disbursement Agreement. The amounts so advanced shall be reimbursed from the proceeds of the Loan and Disbursement Agreement not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the loan amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. PASSED AND APPROVED this 20t"day of July, 2009. ATTEST: ~G`ity Clerk (This Notice to be posted) Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: NOTICE AND CALL OF PUBLIC MEETING The City Council of Dubuque, Iowa. 2009. o'clock .M. 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: Not to exceed $8,000,000 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. 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 2009 The City Council of Dubuque, Iowa, met in session, in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at o'clock .M., on the above date. There were present Mayor in the chair, and the following named Council Members: 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 $8,000,000 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 Utility, including those costs associated with the acquisition and installation of a fixed radio network water meter system, and that notice of the proposed action by the Coui,~~l 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 City Clerk whether any written objections had been filed by any City resident or property owner to the proposal. The City Clerk advised the Mayor and the Council that written objections had been filed. The Mayor then called for oral objections to the proposal 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) CERTIFICATE STATE OF IOWA ) SS COUNTY OF DUBUQUE ) I, the undersigned City Clerk of Dubuque, Iowa, do hereby certify that attacheU 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 , 2009. City Clerk, Dubuque, Iowa SEAL DCORNELU 623644.1 /MSWord\10422.091