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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 — 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 F:\ USERS \tsteckle \Lindahl\ Memos \MayorCou ncil_FTALetter_070913.doc 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 — 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 — 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 F:\ USERS \tsteckle\l_indahl\ Resolutions\ AuthoruingFilingFTAApplications _070913.doc