FTA Grants_Opinion of CounselTHE CITY OF
Dui
Masterpiece on the / 1 ssissippi
BARRY LIN A L
CITY ATTORNEY
To:
MEMORANDUM
M yor Roy D. Buol and
Me 1bers of the City Council
DATE: July 9, 2013
RE: Federal Transit Administration â Opinion of Counsel
Attached for your consideration is an opinion of counsel to the Federal Transit
Administration (FTA) setting out the authority of the City to apply for FTA funding for transit
projects and a resolution authorizing the City of Dubuque to apply for FTA funding.
The opinion is necessary for several reasons. First, federal law requires the FTA to have
this opinion on file for every grantee of FTA funds. Second, it clearly communicates who
the applicant is as well as who the designated recipient is and ensures that the FTA and the
applicant, the City of Dubuque, have a clear understanding of that statue. Third, it
establishes the legal chain of authority, i.e. that the City has received authority from the
designated recipient, the State of Iowa.
The opinion also shows whether and how the applicant is able to provide for the local share
of the funds and whether and how the applicant has authority to provide and assist in public
transit.
Finally, the opinion advises the FTA that there is no threatened litigation or legal
impediment to receiving these funds, and that the applicant is legally able to receive federal
assistance and how it will use its authority to provide the assistance to serve public transit
needs of the community.
I request that you adopt the resolution authorizing the City of Dubuque to apply for FTA
funding and that you authorize me to send the opinion letter to the Federal Transit
Administration.
BAL:tls
Attachment
cc: Michael C. Van Milligen, City Manager
Jodi Johnson, Acting Transit Manager Jule /ECIA
Phil Wagner, Acting Economic Development Director
Paula Schwab, Counsel for Region VII Federal Transit Administration
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OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944
TELEPHONE (563) 583 -4113 / FAX (563) 583 -1040 / EMAIL balesq @cityofdubuque.org
Barry 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 â City Clerk's Office
50 West 13th Street
Dubuque, IA 52001
Dubuque
A4AmedcaCib
111111
2007
July 9, 2013
Masterpiece on the Mississippi
RE: Federal Transit Administration â Opinion of Counsel
Dear Mayor and Council Members:
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, City of Dubuque, Iowa, has received authority from the Designated
Recipient, the State of Iowa, to apply for and receive Urbanized Area Formula Program
Assistance as a direct recipient.
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:
Sec. 384.12 Additional taxes.
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, I 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.
Ve °incerely,
Barry A. Lindahl, Esq.
City Attorney
BAL /tls
cc: Michael C. Van Milligen, City Manager
Jodi Johnson, Acting Transit Manager Jule /ECIA
Phil Wagner, Acting Economic Development Director
Paula Schwab, Counsel for Region VII Federal Transit Administration
F:\ USERS \tsteckle \Lindahl\ Letters\ MayorCouncil_ FederalTransitAdministrationOpinionofCounsel _070913.doc
Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113
RESOLUTION NO. 204 -13
AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT
ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED
STATES DEPARTMENT OF TRANSPORTATION, FOR FEDERAL
TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.0 CHAPTER 53,
TITLE 23, UNITED STATES CODE AND OTHER FEDERAL STATUES
ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION.
WHEREAS, the Federal Transit Administration has been delegated authority
to award federal financial assistance for a transportation project; and
WHEREAS, the grant or cooperative agreement for federal financial
assistance will impose certain obligations upon the applicant for such assistance,
and may require the applicant to provide the local share of the project cost; and
WHEREAS, the applicant has or will be required to provide all annual
certifications and assurances to the Federal Transit Administration required for the
project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The Mayor of the City of Dubuque or his /her designee is
authorized to execute and file applications for federal assistance on behalf of the
City of Dubuque with the Federal Transit Administration for federal assistance
authorized by 49 U.S.C. Chapter 53, Title 23 United States Code, or other federal
statutes authorizing a project administered by the Federal Transit Administration.
Section 2. The Mayor of the City of Dubuque or his /her designee is
authorized to execute and file with the City's application the annual certification and
assurances and other documents the Federal Transportation Administration
requires before awarding a federal assistance grant or cooperative agreement.
Section 3. The Mayor of the City of Dubuque or his /her designee is hereby
authorized and directed to execute said grant and cooperative agreements with the
Federal Transit Administration on behalf of the City of Dubuque and the City Clerk is
authorized and directed to attest his /her such signature.
Section 4: The City Manager of the City of Dubuque or his /her designee is
authorized to draw against available grant funding using the Echo system.
Passed, approved and adopted this 15th day of July, 2013.
Attest:
AmplAl
lorAer,Ace".4r/Aril
Kevin ' . ' irnstahl, Cty Clerk
Roy D. B f⢠I, Mayor
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