Loading...
Water Revenue Capital Loan Notes $795,000 (Interim Financing) SRF Planning/Design Bee Branch Detention Copyrighted February 4, 2019 City of Dubuque Items to be set for Public Hearing # 2. ITEM TITLE: Water Revenue Capital Loan Notes (Interim Financing) State Revolving Funds, Planning & Design Loan Application for Bee Branch Detention Basin Facility SUMMARY: City Manager recommending approval of a resolution fixing the date of March 18, 2019, for a public hearing on the proposition of selling not-to-exceed $795,000 in Clean Water Planning & Design SRF Loan Notes for the Bee Branch Detention Basin Facility. RESOLUTION Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not-to-exceed $795,000 Stormwater Management Utility Revenue Capital Loan Notes of the City of Dubuque, lowa, and providing for publication of notice thereof SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for March 18, 2019 ATTACHMENTS: Description Type Proceedings to Set Public Hearing on Issuance of City Manager Memo Water Re�nue Capital Loan Notes-NNM Memo Staff Memo Staff Memo Notice of Hearing Supporting Documentation Resolution Supporting Documentation Ahlers Letter Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 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 $795,000 Water Revenue Capital Loan Notes (Interim Financing) State Revolving Funds, Planning & Design Loan Application for Bee Branch Detention Basin Facility DATE: January 30, 2019 Finance Director Jean Nachtman recommends City Council approval of a resolution fixing the date of March 18, 2019, for a public hearing on the proposition of selling not to exceed $795,000 in Clean Water Planning & Design SRF Loan Notes for the Bee Branch Detention Basin Facility. I concur with the recommendation and respectfully request Mayor and City Council approval. �� �� ��� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Jean Nachtman, Finance Director THE CTTY OF DuUuGue � DUB E "'�""`"" � � � � ��� Masterpiece on flie Mississipqi ,W,.,a,,.,o„ TO: Michael C. Van Milligen, City Manger FROM: Jean Nachtman, Finance Director SUBJECT: Proceedings to Set Public Hearing on the Issuance of Not to 6cceed $795,000, Water Revenue Capital Loan Notes (Interim Financing) State Revolving Funds, Planning & Design Loan Application for Bee Branch Detention Basin Facility DATE: January 28, 2019 INTRODUCTION: The purpose of this memorandum is to provide suggested proceedings for a public hearing on the issuance of a not to exceed $795,000 SRF Planning & Design Loan. The proceedings of which will be used to fund the planning and design portion of the Bee Branch (16t° Street) Detention Basin facility outfall discharge structure. A letter from attorney Kristin Cooper detailing information on the public hearing is enclosed. DISCUSSION The project involves the replacement of various elements of the Bee Branch (16th Street) Detention Basin facility outfall discharge structure. The facility, and the outfall discharge structure, are used to modulate the water levels in the 16th Street Detention Basin to accommodate storage capacity from runoff in the Bee Branch Creek Watershed. The facility was construded and added onto in the 1950s, 1960s and 1970s. In 2010, captured sediment was removed from the ponding area as part of the Lower Bee Branch Creek Restoration Project - an SRF-funded undertaking. The City is now looking to replace and improve the system by replacing the existing gates, replacing the existing pumps and installing additional pumps, replacing and updating of the electrical service to current standards, and installing an additional back-up generator for the additional pumps. 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. ACTION TO BE TAKEN I respectfully recommend the adoption of the enclosed resolution fixing the date of March 18t° for a public hearing on the proposition of selling not to exceed $795,000 in Clean Water Planning & Design SRF Loan Notes for the Bee Branch Detention Basin Facility. Attachments cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manger Jenny Larson, Budget Director Ahlers&Cooney,P.C. A H L E R S C O O N E Y Atto�neys at�aw 100 Court Avenue, Suite 600 A T� O k2 �➢ E Y S Des Moines, lowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Kristin B. Cooper 515.246.0330 kcooper@ahlerslaw.com January 21, 2019 VIA EMAIL Ms. Jenny Larson Budget Director City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 RE: Dubuque, Iowa-Not to Exceed$795,000 Stormwater Management Utility Revenue Capital Loan Notes (Interim Financing) (State of Iowa Revolving Loan Fund) Dear Jenny: 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 Notes and ordering publication of a notice of hearing consistent with the provisions of Code Section 384.84A. We understand the City has qualified for a 0% interim planning and design loan from the Iowa Water Pollution Control Works Financing Program (the "SRF Program") to be applied to the engineering and planning for certain projects. Following design of your project, additional hearing(s) will be necessary to obtain borrowing authority over and above the amount covered herein. The hearing called by the enclosed proceedings will permit the City to take advantage of the 0% interim loan program, which may be rolled into the future long-term SRF loan. As you may know,the borrowing of loan funds by the City through the SRF program involves the same procedures applicable to the issuance and sale of municipal bonds generally. Although the Iowa Finance Authority (the "Authority") has agreed to make the City a loan under the terms of a Loan and Disbursement Agreement,that loan will be secured and evidenced by a Stormwater Revenue Capital Loan Note that will be issued to the Authority at the time the loan is closed. 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 thirty (30) clear days before the date of WISHARD & BAILY - 7888; GUERNSEV $i BAILY - 1893; BAILV $i STIPP - 1901; STIPP, PERRY, BANNISTER $i STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 7950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE $ SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. - 1990 January 21, 2019 Page 2 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, to�;ether with the publisher's affidavit of publication of notice of hearin�. 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. We will prepare and send you proceedings for the hearing and for approving this interim loan at a later date. 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. Kristin Billingsley Cooper FOR THE FIRM KBC:seb Enclosures cc: Kevin S. Firnstahl, City Clerk, City of Dubuque Jean Nachtman, Finance Director, City of Dubuque Tami Lansing, Assistant Finance Director, City of Dubuque Anita Gonyier, Confidential Account Clerk, City of Dubuque Tionna Pooler, Independent Public Advisors, LLC Deron L. Muehring, Civil Engineer, City of Dubuque 01556133-1U 0422-199 ITEMS TO INCLUDE ON AGENDA CITY OF DUBUQUE, IOWA Not to Exceed $795,000 Stormwater Management Utility Revenue Capital Loan Notes (State of Iowa Revolving Fund Loan) Resolution fixing date for a meeting on the proposition to authorize a Loan and Disbursement Agreement and the issuance of Notes to evidence the obligations of the City thereunder. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. February 4, 2019 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 Buol in the chair, and the following named Council Members: Luis Del Toro, Ric Jones, Kate Larson, David Resnick, Brett Shaw Absent: Jake Rios Council Member Resnick introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $795,000 STORMWATER MANAGEMENT UTILITY REVENUE CAPITAL LOAN NOTES OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Shaw seconded the motion to adopt. The roll was called and the vote was, AYES: Larson, Buol, Resnick, Shaw, Jones, Del Toro NAYS: Whereupon, the Mayor declared the Resolution duly adopted as follows: RESOLUTION NO. 45-19 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $795,000 STORMWATER MANAGEMENT UTILITY REVENUE CAPITAL LOAN NOTES OF THE CITY 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 Loan and Disbursement Agreement and the issuance of Stormwater Management Utility Revenue Capital Loan Notes, in the amount of not to exceed $795,000, as authorized by Section 384.84A of the Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter described; and WHEREAS, it is proposed that the City fund its costs on an interim basis under Section 76.13 of the Code of Iowa, anticipating in part, the future receipt of the proceeds of the issuance of said Stormwater Management Utility Revenue Capital Loan Notes; and WHEREAS, the City has applied for a loan through the Iowa Water Pollution Control Works Financing Program pursuant to which the Iowa Finance Authority has agreed to purchase the City's Notes and has requested that such Notes be issued as a single Note in a denomination equal to the total amount of the issue as authorized by Chapter 384, Code of Iowa; and WHEREAS, the Loan and Disbursement Agreement and Note shall be payable solely and only out of the Net Revenues of the Stormwater Management Utility System and shall be a first lien on the future Net Revenues of the Utility; and shall not be general obligations of the City or -2- lien on the future Net Revenues of the Utility; and shall not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by reason of the failure of the Net Revenues to be sufficient for the payment of the Loan and Disbursement Agreement and Note; and WHEREAS, before a Loan and Disbursement Agreement may be authorized and Stormwater Management Utility 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 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 City Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, City of Dubuque, Iowa, at 6:00 o'clock P.M., on the 18th day of March, 2019, for the purpose of taking action on the matter of the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $795,000 Stormwater Management Utility 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 Stormwater Management Utility, including improvements associated with the Bee Branch Gate Replacement/Pumping Station Project. 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 thirty clear days before the date of said public meeting on the issuance of the Notes. Section 3. The notice of the proposed action shall be in substantially the following form: 3 (To be published on or before: February 15, 2019) NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $795,000 STORMWATER MANAGEMENT UTILITY REVENUE CAPITAL LOAN NOTES, AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on the 18th day of March, 2019, at o'clock .M., in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, City of Dubuque, Iowa, at which meeting the Council proposes to take 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 of not to exceed $795,000 Stormwater Management Utility Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, bearing interest at a rate of not to exceed 3.00% per annum, in order to provide funds to pay the costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Stormwater Management Utility, including improvements associated with the Bee Branch Gate Replacement/Pumping Station Project. The proceeds of the Stormwater Management Utility Revenue Capital Loan Notes may be applied to pay project costs directly or to pay interim financing which the City will issue in anticipation of the future receipt of funds or Note proceeds applicable to the foregoing project and purpose. 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 Stormwater Management Utility System. Pursuant to Title 13, Chapter 4 of the Dubuque Code, stormwater management charges are imposed upon and collected from the owners or occupants of all lots, parcels of real estate and buildings that discharge stormwater or surface or subsurface waters to the City's Stormwater Management Utility System. Separate charges, based on a single family unit ("SFU") rate, are imposed on single-family residential property, non -single family residential property, and nonresidential property. The SFU rate is the dollar value periodically determined and assigned to each single family unit (being the average impervious area of a single-family residential property located within the City, currently 2,917 square feet), as a charge for stormwater management services, and is expressed as $X.XX per SFU. The SFU rates are described in said Title 13, Chapter 4 and may be adjusted from time to time as set forth therein. At the above meeting the City 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 City 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 Council of City of Dubuque, Iowa, as provided by Section 384.84A of the Code of Iowa. Dated this day of , 2019. City Clerk, City of Dubuque, State of Iowa (End of Notice) 5 PASSED AND APPROVED this 4th day of February, 201 ATTEST: 6 Mayor Q 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 public hearing 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 affixed this 4th day of February 2019. City C '-rk, City of Dubuque, State of Iowa ROLL CALL ORDER FOR MEETING OF February 4, 2019 Larson, Rios, Buol, Resnick, Shaw, Jones, Del Toro CITY OF DUBUQUE, IOWA CITY COUNCiL MEETING Historic Federal Building Second -Floor Council Chambers 350 W. 6th Street February 4, 2019 Council meetings are video streamed live and archived at www.cityofdubuque.org/media and on Dubuque's CityChannel on the Mediacom cable system at cable channel 8 and digital 117.2 WORK SESSION 1. 5:30 PM - Travel Dubuque Quarterly Report Travel Dubuque staff will present their quarterly report to the City Council. REGULAR SESSION 6:00 PM PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Dubuque Eagles Aerie & Auxiliary Month Proclamation (February 2019) CONSENT ITEMS The consent agenda items are considered to be routine and non -controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. 1. Minutes and Reports Submitted City Council Proceedings of 1/22, 1/28; Library Board of Trustees of 12/20/18; Park and Recreation Commission of 1/8; Proof of Publication for City Council Proceedings of 1/7; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 12/31/18; Suggested Disposition: Receive and File 2. Disposition of Claims City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Paula Beecher for vehicle damage, Robert Decker for vehicle damage, Eagle Window & Door, Inc. for property damage, Patricia and Lyle Galliart for property damage, John Kirk for vehicle damage, Kelly Keenan O'Rourke for vehicle damage. Suggested Disposition: Receive and File; Concur 3. Notice of Claims and Suits Paula Beecher for vehicle damage, Robert Decker for vehicle damage, Eagle Window & Door, Inc. for Pg. 1 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 $795,000 STORMWATER MANAGEMENT UTILITY 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: February 8, 2019. WITNESS my official signature at Dubuque, Iowa, this day of , 2019. City Clerk, City of Dubuque, State of Iowa (SEAL) 01556148-1 \10422-199 CITY OF DUBUQUE OFFICIAL NOTICE NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT-TO-EXCEED $795,000 STORMWATER MANAGEMENT UTILITY REVENUE CAPITAL LOAN NOTES, AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold th a public hearing on the 18 day of March, 2019, at 6:00 o'clock P.M., in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, City of Dubuque, Iowa, at which meeting the Council proposes to take 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 of not to exceed $795,000 Stormwater Management Utility Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, bearing interest at a rate of not to exceed 3.00% per annum, in order to provide funds to pay the costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Stormwater Management Utility, including improvements associated with the Bee Branch Gate Replacement/Pumping Station Project. The proceeds of the Stormwater Management Utility Revenue Capital Loan Notes may be applied to pay project costs directly or to pay interim financing which the City will issue in anticipation of the future receipt of funds or Note proceeds applicable to the foregoing project and purpose. 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 Stormwater Management Utility System. Pursuant to Title 13, Chapter 4 of the Dubuque Code, stormwater management charges are imposed upon and collected from the owners or occupants of all lots, parcels of real estate and buildings that discharge stormwater or surface or subsurface waters to the City's Stormwater Management Utility System. Separate charges, based on a single-family unit ("SFU") rate, are imposed on single- family residential property, non-single family residential property, and nonresidential property. The SFU rate is the dollar value periodically determined and assigned to each single family unit (being the average impervious area of a single-family residential property located within the City, currently 2,917 square feet), as a charge for stormwater management services, and is expressed as $X.XX per SFU. The SFU rates are described in said Title 13, Chapter 4 and may be adjusted from time to time as set forth therein. At the above meeting the City 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 City 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 Council of City of Dubuque, Iowa, as provided by Section 384.84A of the Code of Iowa. Dated this 8th day of February 2019. Kevin S. Firnstahl, City Clerk, City of Dubuque, State of Iowa 1t 2/8 Kevin Firnstahl From:Susan Ball <sball@Ahlerslaw.com> Sent:Tuesday, February 05, 2019 12:06 PM To:Kevin Firnstahl Subject:RE: Follow Up re: Dubuque, Iowa - Not-to-Exceed $795,000 Stormwater Management Utility Revenue Capital Loan Notes (Interim Financing) (State of Iowa Revolving Loan Fund) Good Afternoon Kevin, Looks good, thanks for sending these over! We are in the process of finalizing the hearing proceedings for 3/18. I believe the City will also be approving the issuance proceedings on the same date in preparation for closing on 4/12/19. Just wanted to make sure my dates match up with yours. Also, I plan on sending those over to you around 3/6, please let me know if you need them sooner. Thank you for your assistance! Susan Ball Legal Assistant to Kristin Billingsley Cooper Ahlers & Cooney, P.C. 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: (515) 246-4410 sball@ahlerslaw.com | www.ahlerslaw.com From: Kevin Firnstahl <Kfirnsta@cityofdubuque.org> Sent: Tuesday, February 05, 2019 11:36 AM To: Susan Ball <sball@Ahlerslaw.com>; Jenny Larson <Jlarson@cityofdubuque.org> Cc: Jean Nachtman <Jnachtma@cityofdubuque.org>; Anita Gonyier <Agonyier@cityofdubuque.org>; Tionna Pooler <tpooler@independentpublicadvisors.com>; Deron Muehring <Dmuehrin@cityofdubuque.org>; Kristin Billingsley Cooper <KCooper@ahlerslaw.com> Subject: Follow Up re: Dubuque, Iowa - Not-to-Exceed $795,000 Stormwater Management Utility Revenue Capital Loan Notes (Interim Financing) (State of Iowa Revolving Loan Fund) Hi Susan, For your information, attached is partially executed packet for setting the hearing on not-to-Exceed $795,000 Stormwater Management Utility Revenue Capital Loan Notes (Interim Financing) (State of Iowa Revolving Loan Fund). I will forward the certified copy once I receive affidavit of publication. Again, I will forward the executed Public Hearing documents following the March 18, 2019 meeting. Please contact me if you have questions or have difficulty with the attachment. Thank you. Kevin S. Firnstahl, City Clerk th 50 W. 13 Street Dubuque, IA 52001 1 kfirnsta@cityofdubuque.org 563-589-4100 From: Susan Ball \[mailto:sball@Ahlerslaw.com\] Sent: Monday, January 21, 2019 10:58 AM To: Jenny Larson <Jlarson@cityofdubuque.org> Cc: Kevin Firnstahl <Kfirnsta@cityofdubuque.org>; Jean Nachtman <Jnachtma@cityofdubuque.org>; Tami Lansing <Tlansing@cityofdubuque.org>; Anita Gonyier <Agonyier@cityofdubuque.org>; Tionna Pooler <tpooler@independentpublicadvisors.com>; Deron Muehring <Dmuehrin@cityofdubuque.org>; Kristin Billingsley Cooper <KCooper@ahlerslaw.com> Subject: Dubuque, Iowa - Not to Exceed $795,000 Stormwater Management Utility Revenue Capital Loan Notes (Interim Financing) (State of Iowa Revolving Loan Fund) Good Morning, I have attached the Fix Date proceedings and the letter of instruction for the meeting scheduled on Monday, February 4, 2019. Please return all executed originals to my attention. For your convenience, I have also attached the Notice of Hearing separately in MS Word format. Please note, the date of publication is to be not less than thirty (30) clear days before the date of the public meeting. Therefore, the notice must be published on or before February 15, 2019. If you have any questions, or would prefer hard copies in the mail, please let me know. Thank you! Susan Ball Legal Assistant to Kristin Billingsley Cooper Ahlers & Cooney, P.C. 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: (515) 246-4410 sball@ahlerslaw.com | www.ahlerslaw.com AHLERS & COONEY P.C. CONFIDENTIALITY NOTICE: This email, and any attachments hereto, contains information which may be CONFIDENTIAL and/or ATTORNEY CLIENT PRIVILEGED. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, please note that any unauthorized disclosure, copying, distribution or use of the information is prohibited. If you have received this electronic transmission in error, please return the e-mail to the sender and delete it from your computer. Click here to report this email as spam. AHLERS & COONEY P.C. CONFIDENTIALITY NOTICE: This email, and any attachments hereto, contains information which may be CONFIDENTIAL and/or ATTORNEY CLIENT PRIVILEGED. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, please note that any unauthorized disclosure, copying, distribution or use of the information is prohibited. If you have received this electronic transmission in error, please return the e-mail to the sender and delete it from your computer. 2 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: February 08, 2019, and for which the charge is $51.07 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, Notary Pun and for Dubuque Ciunty, Iowa. JANET ie, PAPE Commission Number 199659 My Comm. Exp. DEC 11, 2019 gown circ'to pay S interim fi Handing which_ the City W I issuer'in_ 'anticipa--' tioh`:of the'future're- ceipt'of'funds0r Note' proceeds applicable to the' -`foregoing project and purpose ':° 2. ,The 'Notes`' Win _Hof coristitute general obll- gations or: be payable in any•manner`by taxa tion; but' riwill • be payable from, !and se cured by'the°-:Net. Rev- .i eni es of the Sto=mwater "Manage- meit Utility System> CITY OF;DUBUQu Pursuant to Title 13,' OFFICiiAL NOTIC { Chapter 4 of the Dubuque Code; storm-` NOTICE"OF MEET; NGy , OF THE CITY COON wateP management C t2 .OF,.THE rrTV •. ] charges are° imposed DUBUQUE, 1.,..,,. THE ,MATTER OF THE , from the owners or oc I:- PROPOSED AUTHO s •cupants +.of all : ;lots, i' R ZATtON,OF A`LOAN' parcels of real estate i AND DISBURSEMENT afid+ bwldings that• dis- . AGREEMENT' 1 .AND charge."stormwater. or, • THE ISSUANCE OF surtace or subsurface NOT TO, EXCEED waters'to the City's $795,000" `STORMWA stormWater. Manage_ TER F MANAGEMENT meet Utihiy.e: System: • ' UTILITY REVENUE Se crate charges CAPITAL LOAN p M single fame NOTES, AND THE (VSFUjr) ra"1' e are s F s on single fain PUBLIC HEARING :ON 'l�''{ es�d ntlai' roperty;; THE AUTHORIZATION nop+§ipgle family rest- AND } ISSUANCE deitlj' property and: THEREOF non*gs dentia) proper PUBLIC NOTICE' Is tyrTihd SFU rate is the hereby given that+the do.flt clue,periodical 'Council'of the City l' dete7mined and, as Diib ique, Iowa " wl sigiiedtio each single hold 'a, public hearinf• amily unit (being 'the' on the' 18th day!? 0:61f_, average impervious ;March `2019♦ at 600 0 area of=a single family, _I clb616 P M in the' Hiresidential property.lo toric Federal BuildingGated within the City, 3$0' West''6th Street `e2,917 square; DGbUque Plewa City of:,...:,?,,,;1..t:;,,,/,;1;. charge for Dubuque, Iowa; ''at trmrka,.f1manage' which i meeting 'the ment sertiices and is -Cbuncll rproposes to e>pr d X P take additional' action SFU 1h SFU t are for the authorisation of Loan+and Di'sbur`se- .p7erJt greement �' by" be adJustetl f rt Ween the "City the4+f6Wa Finance ilg7ity _ ar the is siaaiPe ito!the Iowa%FI nanct�itthority of not to texcee r $795;000 StormWateh Mariage i'`ment' Utility • Revenue Capital Loan Notes` to •evidence the obliga tions of•the City under `said Loan ,-and bit, •bursement Agreemeht bearing . iliterest 'at a fate of "not to''esiceed. 3.00% per annum;'' in order to pi &.11de' funds to pay•the costs' oftac- quisition,`•construction; reconstruction extend- ing reniodelmg -'im- provirih repairing and egwpping all or, part of the StormWater •Man- agementUtility, includ- ing impreVements 'as- setiated`with the'Bee Branch'` date''.Replace :ment/Pumping Station :Project..' The proceeds of the Stormwater Manage- ment Utility Revenue Capita) ;Loan -NotAs rgiay be appiied,:to pay ?,'profgct costs i"directly else as XX eY' ie U rates, descnbed Inlaid Title 131° Chapie74,and may rQm irrie to trite �s set forth therein At the above meeting the`�City CbunCil' shall 01,Vp,foral or written ie4gcfns efroMr ,,any resident•troy property owner o! the City,. to; t tabove action:,After' altbiections have ,beer% ecelyed and con- i[sidered; the;City Coun. c.il will ,this, meeting oY atany adJournment `thereof; take additional: action for .'the "autho rization of''said 'Loan and e ; pisburserrient A`greement'and the is- isuance of;Notes or :will' abandon the proposal k � I a hd14,ue'tlie (Votes This Nbtce is given by orderRof:,the CWhCil'ofj Cityof ` o uque Iowa, as provided by Section' 38484A of the Cod'e.of Dated this 8tJi day of February o19r z; i<eVin s Firnstahl,' Gty.Clerk,City 0f, Dubuque State oflow.n,;