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Water Revenue Capital Loan Notes $1mMasterpiece on the Mississippi DATE: January 11, 2010 MCVM:Iw Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Kenneth J. Tekippe, Finance Director Michael C. Van Milligen Dubuque hititi All-America City 1 1r 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Proceedings to Set Public Hearing on the Issuance of not to exceed $1,000,000 Water Revenue Capital Loan Notes for the Water Meter Change Out Project (American Recovery and Reinvestment Act (ARRA) Forgivable Loan) Finance Director Kenneth Tekippe is requesting City Council to adopt the attached resolution fixing the date of February 1, 2010 for a public hearing on the proposition of issuing not to exceed $1,000,000 Water Revenue Capital Loan Notes for the Water Meter Change Out Project (American Recovery and Reinvestment Act (ARRA) forgivable loan) and providing for publication of notice. I concur with the recommendation and respectfully request Mayor and City Council approval. THE CITY OF Dui Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager DATE: January 11, 2010 DISCUSSION Dubuque Al-America City 1 ' 2007 The project includes replacing approximately 22,000 water meters and installation of hardware and software for fixed based remote read capabilities. The purpose of this memorandum is to recommend the setting of a public hearing on the authorization of a loan and disbursement agreement and the issuance of not to exceed $1,000,000 Water Revenue Capital Loan Notes for the Water Meter Change Out Project (American Recovery and Reinvestment Act (ARRA) forgivable loan). The forgivable loan funds will be the first funds u1Itlegifor Coss of the Water Meter Change Out Project. FROM: Kenneth J TeKippe, Finance Director ��.,,�, ✓ -' SUBJECT: Proceedings to Set Public Hearing on the Issuance of not to exceed $1,000,000 Water Revenue Capital Loan Notes for the Water Meter Change Out Project (American Recovery and Reinvestment Act (ARRA) Forgivable Loan) BACKGROUND A public hearing was held on July 20, 2009 for a not to exceed $8,000,000 Water Revenue Capital Loan Notes (Drinking Water State Revolving Fund Loan) for the Water Meter Change Out Project Loan which is the primary financing for the project. The City will take advantage of a 3% fixed interest rate for 20 years with a .25% annual administrative fee and a one -time 1% loan origination fee for the not to exceed $8,000,000 borrowing. At the December 7, 2009 City Council meeting approving a firm for the project, the $8,875,000 project budget included $7,875,000 State Revolving Fund (SRF) loan antt a $1,000,000 American Recovery and Reinvestment Act (ARRA) forgivable loan. At the time the firm was identified, the total estimated project cost was $8,675,709. RECOMMENDED ACTION The requested action step for City Council is to adopt the attached resolution fixing the date of February 1, 2010 for a public hearing on the proposition of issuing not to exceed $1,000,000 Water Revenue Capital Loan Notes for the Water Meter Change Out Project (American Recovery and Reinvestment Act (ARRA) forgivable loan) and providing for publication of notice. 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 Bob Green, Water Department Manager WILLIAM J. NOTH WNOTHOAHLERSLAW.COM Mr. Ken TeKippe Finance Officer City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 -4864 Dear Mr. TeKippe: AHLERS COONEY, P.C. ATTORNEYS AT LAW 100 COURT AVENUE • SUITE 600 DES MOINES.10WA 50309 -2231 PHONE 515- 243 -7611 FAX: 515 -243 -2149 WWW.AHLERSLAW.COM January 8, 2010 RE: Not to exceed $1,000,000 Water Revenue Capital Loan Note (Forgivable Loan) WISHARBI & BMLY - 1 BBB: GUERNSEY & BAILY - 1893: BMLY & STIPP - 1901: STIPP. PERRY. BANNISTER & STARZVNGER -1914: BANNISTER. CARPENTER, AHLERS & COONEY -1950: ANLERSS. COONEY. DORWER.ER. ALLBEE. HAYNIE & Sumi - 1974; ANLERS, COONEY, DORWEILER. HAYNIE. SMITH & ALLBEE. P.C. - 1990 Direct Dial: (515)245 -0332 We have now prepared and are enclosing herewith suggested proceedings to be acted upon by the Council in fixing the date of a meeting on the proposition to issue the above mentioned Capital Loan Note and ordering publication of a notice of hearing consistent with the provisions of Code Sections 384.24A and 384.83. As you know, the borrowing of loan funds by the City through the Iowa Drinking Water State Revolving Fund Program ( "DWSRF Program ") involves the same procedures applicable to the issuance and sale of municipal bonds generally. In this instance, the' Iowa Finance Authority (the "Authority ") has agreed to make the City a forgivable Ioan under the terms of a Forgivable Loan and Disbursement Agreement, which will be secured and evidenced by a Water Revenue Capital Loan Note that will be issued to the Authority at the time the loan is closed. January 8, 2010 Page 2 Notice of this meeting must be published at least once in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The date of publication is to be not less than four clear days nor more than twenty days before the date of said public meeting. In computing time, the date of publication should be excluded. If the last day falls on Sunday, the whole of the following Monday should be excluded. Also enclosed is an extra copy of the proceedings to be filled in as the original and certified back to this office, together with publisher's affidavit of publication of notice of hearing. We are also enclosing an extra copy of the notice of hearing to be delivered to the newspaper for publication purposes. A certificate to attest the proceedings is also enclosed. Should you have any questions concerning the enclosed proceedings, please don't hesitate to contact me. WJN:dc encl. DCORNELL1642210.1 \WA10422.091 Yours very truly, William J. Noth NOTICE AND CALL OF PUBLIC MEETING Not to exceed $1,000,000 Water Revenue Capital Loan Notes 1 agilt ity Clerk, Dubuque, Iowa (This Notice to be posted) Governmental Body: The City Council of Dubuque, Iowa. Date of Meeting: January 19, 2010 Time of Meeting: 6:30 o'clock P.M. Place of Meeting: 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: Resolution fixing date for a meeting on the proposition to authorize a Forgivable Loan and Disbursement Agreement and the issuance of Notes to evidence the obligations of the City thereunder. Such additional matters as are set forth on the additional 7 page(s) attached hereto. 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. January 20, 2010 The City Council of Dubuque, Iowa, met in regular session, in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the above date. There were present Mayor Pro -Tem David Resnick in the chair, and the following named Council Members: Karla Braig, Joyce Connors, Ric Jones, Kevin Lynch, Dirk Voetberg Absent: Mayor Roy Buol * * * * * * * * * * * * * * * * ** 2 Council Member Karla Braig introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A FORGIVABLE LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $1,000,000 WATER REVENUE CAPITAL LOAN NOTES OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF ", and moved that the same be adopted. Council Member Dirk Voetberg seconded the motion to adopt. The roll was called and the vote was, AYES: Braig, Connors, Jones, Lynch, Resnick, Voetberg NAYS: None Whereupon, the Mayor declared the Resolution duly adopted as follows: RESOLUTION NO. 18 -10 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A FORGIVABLE LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $1,000,000 WATER REVENUE CAPITAL LOAN NOTES OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa should provide for the authorization of a Forgivable Loan and Disbursement Agreement and the issuance of Water Revenue Capital Loan Notes, in the amount of not to exceed $1,000,000, as authorized by Sections 384.24A and 384.83, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter described; and WHEREAS, the City has applied for a loan through the Iowa Drinking Water State Revolving Fund Program, and pursuant to the American Recovery and Reinvestment Act of 2009 ( "ARRA ") and in accordance with the terms of a Forgivable Loan and Disbursement Agreement, the Iowa Finance Authority has determined to make a forgivable loan to the City in the amount of not to exceed $1,000,000, from funds 3 available to the Iowa Finance Authority under the ARRA, for the purpose of assisting the project as hereinafter described; and WHEREAS, before the Forgivable Loan and Disbursement Agreement may be authorized and Water Revenue Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Forgivable Loan and Disbursement Agreement and Notes and to receive oral and /or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the 1 day of February, 2010, for the purpose of taking action on the matter of the authorization of a Forgivable Loan and Disbursement Agreement and the issuance of not to exceed $1,000,000 Water Revenue Capital Loan Notes to evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the 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. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of the Notes. form: Section 3. The notice of the proposed action shall be in substantially the following 4 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A FORGIVABLE LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $1,000,000 WATER REVENUE CAPITAL LOAN NOTES, AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 1 day of February 2010, at 6:30 o'clock P.M., in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the authorization of a Forgivable 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 $1,000,000 Water Revenue Capital Loan Notes to evidence the obligations of the City under said Forgivable Loan and Disbursement Agreement, in order to provide funds to pay the 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. The Notes will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Water Utility. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the authorization of said Loan and Disbursement Agreement and the issuance of Notes or will abandon the proposal to issue the Notes. This Notice is given by order of the City Council of Dubuque, Iowa, as provided by Sections 384.24A and 384.83 of the Code of Iowa, as amended. Dated this 22 day of January, 2010. Jeanne F. Schneider, CMC City Clerk (End of Notice) 5 ATTEST: PASSED AND APPROVED this 19th day of January, 2010. David T. Resnick Mayor Pro Tem ATTEST: Jeanne F. Schneider City Clerk STATE OF IOWA COUNTY OF DUBUQUE SEAL DCORNELU 642245.1 /MSWord\10422.091 CERTIFICATE ) SS I, the undersigned City Clerk of Dubuque, Iowa, do hereby certify that attached 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 20 day of January, 2010. ity Clerk, Dubuque, Iowa 7