Federal Transit Administration_Counsel OpinionBarry A. Lindahl, Esq.
City Attorney
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001 -6944
(563) 583 -4113 office
(563) 583 -1040 fax
balesq@cityofdubuque.org
Mayor Roy D. Buol and
Members of the City Council
City Hall — City Clerk's Office
50 West 13 Street
Dubuque, IA 52001
RE: Federal Transit Administration
Dear Mayor Buol:
384.12 Additional taxes.
Dubuque
Apply
'' 1'
2007
July 23, 2010
Masterpiece on the Mississippi
This communication will serve as the requisite opinion of counsel for the benefit of the
Federal Transit Administration, United States Department of Transportation, in
connection with the application of the City of Dubuque, Iowa for Federal transportation
assistance authorized by 49 U.S.C. Chapter 53; title 23, United States Code; and other
Federal statutes authorizing activities administered by the Federal Transit
Administration.
The Applicant is a Designated Recipient as defined at 49 U.S.C. 5307(a)(2).
Citations to laws, regulations, etc. establishing the legal authority of the City of
Dubuque, Iowa to carry out transportation projects for which Federal assistance is
sought are set forth below:
1. The City of Dubuque, Iowa is authorized by Iowa Code § 364.1 and § 384.24 to
provide and assist transportation by the acquisition, construction, reconstruction,
extension, improvement, and equipping of city enterprises which includes transit
systems.
2. The authority of the City of Dubuque, Iowa to provide funds for the local share of
the project is set forth in Iowa Code § 384.12:
A city may certify, for the general fund levy, taxes which are not subject to the
limit provided in section 384.1, and which are in addition to any other moneys the
city may wish to spend for such purposes, as follows:
* **
10. A tax for the operation and maintenance of a municipal transit
system or for operation and maintenance of a regional transit district, and
for the creation of a reserve fund for the system or district, in an amount
not to exceed ninety -five cents per thousand dollars of assessed value
each year, when the revenues from the transit system or district are
insufficient for such purposes.
3. I have reviewed the pertinent federal, state, and local laws, and I have concluded
that there is no legal impediment to your filing an application for the project for which the
City of Dubuque, Iowa seeks assistance. Furthermore, as a result of my examination,
find that there is no pending or threatened litigation or other action which might in any
way adversely affect the proposed project or the capability of the City of Dubuque, Iowa
to carry out the project.
Very = erely,
BAL /tls
cc: Michael C. Van Milligen, City Manager
Barbara Morck, Director of Transportation /ECIA
Dave Heiar, Economic Development Director
Paula Schwab, Counsel for Region VII Federal Transit Administration
901 Locust Street, Ste. 404
Kansas City, MO 64106
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arry A. Lindahl, Esq.
- City Attorney