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Creation of Recovery Zone AreaMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Creation of a Recovery Zone to Facilitate the Use of Recovery Zone Facility Bonds and Recovery Zone Economic Development Bonds DATE: June 16, 2010 Dubuque ml- amdicaCity r 2007 Dubuque County has two allocations of Recovery Zone bonds; $6.545 million in Recovery Zone Facility Bonds and $4.363 million in Recovery Zone Economic Development Bonds. Dubuque County has agreed to allow the City of Dubuque to use the State allocation that has been assigned to Dubuque County. Recovery Zone Facility Bonds are tax - exempt bonds which may be issued for private activity purposes. These may be used for a wide range of private purposes within a Recovery Zone identified by the bond issuer. Davis Bacon wage requirements would not apply to the project. Recovery Zone Economic Development Bonds are taxable bonds but have a 45% interest subsidy from the federal government. Davis -Bacon would apply to any City projects. These bonds can only be used for projects in the designated area and can only be issued for projects where tax - exempt bonds could be issued. Eligible projects include capital expenses for property in a recovery zone; expenses for public infrastructure; and expenses for job training and education. A recovery Zone Area must be designated prior to issuing the bonds. The entity issuing the bonds must define the Recovery Zone Area. Eligible Recovery Zones are those that include significant poverty, unemployment, foreclosures and job distress. The City's bond attorney, Bill Noth, has notified the City that, as a result of recent legislation, the County's bonding allocations will be deemed lost on July 1, 2010 if the County does not submit a letter of intent to IFA to use the funds prior to that date. After that date, any unused allocation will be reallocated by IFA and any local use would be as a competitive application with other areas of the state. Dubuque County has agreed to allow the City of Dubuque to use the State allocation that has been assigned to our county. There are opportunities to fund existing projects and take advantage of the interest subsidy associated with these bonds. Authority to issue Recovery Zone Bonds ends on December 31, 2010. Enterprise Zones are a state economic development program started in the late 1990's to help revitalized blighted areas. Dubuque has two Enterprise Zones (1A and 2A) which generally encompass the Downtown, Port of Dubuque, Historic Millwork District, Kerper Boulevard, and the Upper Central Avenue area. These zones have previously been identified by the City Council as blighted areas and would meet the definition of a Recovery Zone as an area that includes significant poverty, unemployment, foreclosures and job distress. Economic Development Director David Heiar recommends City Council approval of the creation of a Recovery Zone which encompasses the previously designated Enterprise Zones. I concur with the recommendation and respectfully request Mayor and City Council approval. ichael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: David J. Heiar, Economic Development Director SUBJECT: DATE: June 15, 2010 BACKGROUND Dubuque County has two allocations of Recovery Zone bonds; $6.545 million in Recovery Zone Facility Bonds and $4.363 million in Recovery Zone Economic Development Bonds. Dubuque kilid Al- America City 11111 ' 2007 Creation of a Recovery Zone to facilitate the use of Recovery Zone Facility Bonds and Recovery Zone Economic Development Bonds INTRODUCTION This memo outlines a resolution to create a Recovery Zone to facilitate the use of Recovery Zone Facility Bonds and Recovery Zone Economic Development Bonds. Recovery Zone Facility Bonds are tax - exempt bonds which may be issued for private activity purposes. These may be used for a wide range of private purposes within a Recovery Zone identified by the bond issuer. Davis Bacon wage requirements would not apply to the project. Recovery Zone Economic Development Bonds are taxable bonds but have a 45% interest subsidy from the federal government. Davis -Bacon would apply to any City projects. These bonds can only be used for projects in the designated area and can only be issued for projects where tax - exempt bonds could be issued. Eligible projects include capital expenses for property in a recovery zone; expenses for public infrastructure; and expenses for job training and education. A Recovery Zone Area must be designated prior to issuing the bonds. The entity issuing the bonds must define the Recovery Zone Area. Eligible Recovery Zones are those that include significant poverty, unemployment, foreclosures and job distress. The City's bond attorney, Bill Noth, has notified the City that, as a result of recent legislation, the County's bonding allocations will be deemed lost on July 1, 2010 if the County does not submit a letter of intent to IFA to use the funds prior to that date. After that date, any unused allocation will be reallocated by IFA and any local use would be as a competitive application with other areas of the state. Dubuque County has agreed to allow the City of Dubuque to use the State allocation that has been assigned to our county. DISCUSSION Enterprise Zones are a state economic development program started in the late 1990's to help revitalized blighted areas. Dubuque has two Enterprise Zones (1A and 2A) which generally encompass the Downtown, Port of Dubuque, Historic Millwork District, Kerper Boulevard, and the Upper Central Avenue area. These zones have previously been identified by the City Council as blighted areas and would meet the definition of a Recovery Zone as an area that includes significant poverty, unemployment, foreclosures and job distress. There are opportunities to fund existing projects and take advantage of the interest subsidy associated with these bonds. Authority to issue Recovery Zone Bonds ends on December 31, 2010. RECOMMENDATION /ACTION STEP I recommend approval of the attached resolution establishing a Recovery Zone within the City of Dubuque with the boundaries of the two Enterprise Zones within the City of Dubuque. This is the first step in the process to allow the city to take advantage of Recovery Zone Bonds. F: \USERS \Econ Dev \Recovery Zone Bonds\20100615 Memo approving Recovery Zone.doc Dubuque Enterprise Zones 1 inch = 2,000 feet RESOLUTION NO. 201 -10 A RESOLUTION APPROVING THE ESTABLISHMENT OF A RECOVERY ZONE AREA WITHIN THE CITY OF DUBUQUE. Whereas, the County of Dubuque has received two allocations of Recovery Zone Bond volume cap under the authority of Section 1400U-1(a) of the internal Revenue code of 1986, as amended, relating to the issuance of Recovery Zone Facility Bonds and Recovery Zone Economic Development Bonds, which if not committed by July 1, 2010 shall be recaptured and allocated by the Iowa Finance Authority (IFA) under House File 2487 enacted by the Iowa General Assembly; and Whereas, the City of Dubuque, Iowa has received permission from the County to utilize the foregoing Bond allocations; and Whereas, a Recovery Zone area must be established to facilitate the use of the Bonds; and Whereas, eligible Recovery Zones are those areas designated by the issuer as having significant poverty, unemployment, rate of home foreclosures or general distress; and Whereas, Enterprise Zone 1A and Enterprise Zone 2A of the City were established November 15, 2007 and fit the definition as a Recovery Zone. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. A Recovery Zone is hereby established within the City of Dubuque, pursuant to Section 1400U-1(b)(1) of the internal Revenue Code of 1986, as amended, having the boundaries of existing Enterprise Zone 1A and Enterprise Zone 2A within the City and including all of the territory located therein. Section 2. The City Manager is hereby directed to notify the Iowa Finance Authority of the creation of the Recovery Zone, to file such applications with IFA as may be necessary or appropriate to receive allocations of Recovery Zone Bond volume cap, and to take such other actions as may be necessary or desirable to carry out the provisions of this resolution and to assure compliance with federal laws relating to the issuance of Recovery Zone Bonds. Passed, approved and adopted this 21 day of June 2010 Attest: a- /Z./I,. , (. - - t - - - --( .//(1', .C-c& eanne F. Schneider, City Clerk I oy D. Buol, Mayor F: \USERS \Econ Dev \Recovery Zone Bonds\20100621 Recovery Zone Reso.doc Donna L. Smith dsmith @dbeco.org Eric Mantemach emanternach @dbeco.org Wayne Demmer wdemmer @dbq.org June 14, 2010 Michael C. Van Milligen City Manager City Hall 50 West 13 St. Dubuque, IA 52001 -4864 Dear Mike; At a recent meeting, we reviewed and approved your request to authorize the allowance for the City of Dubuque to utilize the Recovery Zone Facility Bonds in the amount of $6.545 million and Recovery Zone Economic Development Bonds in the amount of $4.363 targeted for Dubuque County. We had made an exception to consider requests from other eligible municipalities, but as of this date no requests have been made. Sincerely, Eric Manternach, Chairperson Dubuque County Board of Supervisors EM /mas .tau lue Canty e oa,c L ci Su erviiori COURTHOUSE - 720 CENTRAL AVENUE DUBUQUE, IOWA 52001 -7079 Phone: 563 -589 -4441 www.dubuquecounty.org Fax: 563 -587 -3836 Donna L. Smith dsmith @dbqco.org Eric Manternach emantemach@dbqco.org Wayne Demmer wdemmer @dbq.org June 14, 2010 Lori Beary Iowa Finance Authority Green Building 2015 Grand Avenue Des Moines, IA 50312 Dear Ms. Beary; At a recent meeting, we reviewed the City of Dubuque's request to authorize the utilization of the Recovery Zone Facility Bonds in the amount of $6.545 million and Recovery Zone Economic Development Bonds in the amount of $4.363 targeted for Dubuque County. We had made an exception to consider requests from other eligible municipalities, but as of this date no requests have been made. Sincerely, Eric Manternach, Chairperson Dubuque County Board of Supervisors EM /mas ccN Mike Van Milligen, City Manager Dave Heiar, City Economic Development Director Dubuque County Auditor 2 tit C. 4 eOUd 0 Saperviior3 COURTHOUSE - 720 CENTRAL AVENUE DUBUQUE, IOWA 52001 -7079 Phone: 563 -589 -4441 www.dubuquecounty.org Fax: 563 -587 -3836