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Reimbursement Resolution_Bee Branch Watershed Phase 7 Land AcquisitionMasterpiece on the Mississippi Dubuque band AI- America City 1 2007 • 2012 • 2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Reimbursement Resolution - Bee Branch Watershed Flood Mitigation Project DATE: January 30, 2014 Finance Director Kenneth TeKippe is recommending City Council approval of a reimbursement resolution to serve as "official intent" to reimburse project expenditures for the Bee Branch Watershed Flood Mitigation Project as required under the federal tax - exempt bond regulations. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:sv Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Kenneth TeKippe, Finance Director THE CITY OF Dui Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Kenneth J. TeKippe, Finance Director DATE: January 30, 2014 SUBJECT: Reimbursement Resolution— Bee Branch Watershed Flood Mitigation Project Dubuque trati M- America City '111' 2007 • 2012 • 2013 INTRODUCTION The purpose of this memorandum is to provide a reimbursement resolution to serve as "official intent" to reimburse project expenditures for the Bee Branch Watershed Flood Mitigation Project, as required under the federal tax-exempt bond regulations. A letter from attorney William Noth detailing information on the reimbursement resolution is enclosed. DISCUSSION The purpose of this resolution is to allow reimbursement of project costs from the not to exceed $29,000000 Sales Tax Increment Revenue Bonds (Flood Mitigation Program). Additional information is detailed in the resolution. Expenses for land acquisition will be incurred prior to receipt of the bond proceeds. The resolution allows the expenditures to be reimbursed via the tax exempt borrowing. RECOMMENDATION I respectfully recommend the adoption of the enclosed reimbursement resolution. Prepared by: K lernl Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jennifer Larson, Budget Director AHLERS GOONEY, P.G. 100 COURT AVENUE, SUITE 600 DES MOINES, IOWA 50309 -2231 PHONE: 515- 243 -7611 FAX: 515- 243 -2149 WVWV.AHLERSLAW.COM William J. Noth Direct Dial: wnoth @a h le rslaw. co m (515)246 -0332 January 29, 2014 Mr. Ken TeKippe Finance Director City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 -4864 RE: Reimbursement Resolution Dear Mr. TeKippe: So you will have it whenever the need arises, I am enclosing a suggested form of "reimbursement resolution" to use whenever the City plans to reimburse original expenditures made from available funds with a later issue of tax - exempt bonds or notes Briefly, the Reimbursement Resolution serves to document an "official intent" to reimburse the expenditures, as required under the federal tax - exempt bond regulations. The Resolution describes the projects to be financed with the obligations and defines them as the "Projects." Each project contemplated must be described specifically, including estimated costs, quantity, size, etc. If a number of projects are grouped within a program, the program can be described with a cross reference to a more detailed description of the component projects. Section 3 of the Resolution requires you to estimate the cost, amount of borrowing and completion date for each Project, as well as the name of the fund from which the original expenditures will be advanced. We suggest that you use one fund for the purpose of coordinating all advances to a project. WISHARD & BAILY - 1888; GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, January 29, 2014 Page 2 To be effective, this resolution must be adopted within sixty (60) days after the original expenditure sought to be reimbursed, unless it is a "preliminary expenditure ". Preliminary expenditures, which are not subject to the reimbursement rules, include architectural, engineering, survey costs and the like, which do not exceed twenty percent (20 %) of the expected cost of a project. Land acquisition, demolition and construction activities, however, may not be treated as preliminary expenditures. Should you have any questions, please do not hesitate to contact me. Very truly yours, William J. Noth WJN:dc Encl. cc: Barry Lindahl Jenny Larson Alexis Steger 00995872- 1110422 -000 (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of the City of Dubuque, Iowa. Date of Meeting: February 3, 2014 Time of Meeting: 6:30 o'clock P.M. Place of Meeting: Historic Federal Building, 350 West 6th Street, Dubuque, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for the meeting is as follows: • Resolution declaring an official intent under Treasury Regulation 1.150 -2 to issue debt to reimburse the City for certain original expenditures paid in connection with specified Projects. Such additional matters as are set forth on the additional 3 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of the governmental body. City C erk, City of Dub t. -, Iowa 1 February 3, 2014 The City Council of the City of Dubuque, Iowa, met in regular session, in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the above date. There were present Mayor Roy D. Buol in the chair, and the following named Council Members: Karla Braig, Joyce Connors, Ric Jones, Kevin Lynch, David Resnick, Lynn Sutton Absent: 1 Council Member Lynch introduced the following Resolution entitled "RESOLUTION DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150 -2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIED PROJECTS" and moved that it be adopted. Council Member Connors seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: Resnick, Sutton, Braig, Buol, Connors, Jones, Lynch NAYS: Whereupon, the Mayor declared the Resolution duly adopted as follows: RESOLUTION NO. 24-14 RESOLUTION DECLARING AN OFFICIAL INTENT UNDERTREASURY REGULATION 1.150 -2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIED PROJECTS WHEREAS, the City anticipates making cash expenditures for one or more capital improvement projects generally described below (each of which shall hereinafter be referred to as a "Project "); and WHEREAS, the City reasonably expects to issue debt to reimburse the costs of a Project; and WHEREAS, the Council believes it is consistent with the City's budgetary and financial circumstances to issue this declaration of official intent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150 -2. 2 Section 2. That it is reasonably expected that capital expenditures will be made in respect of the following Project(s), from time to time and in such amounts as this Council determines to be necessary or desirable under the circumstances then and there existing, and this Council reasonably expects to reimburse all or a portion of such expenditures with the proceeds of bonds, notes or other indebtedness to be issued or incurred by the City in the future. Section 3. That the total estimated costs of the Project(s), the maximum principal amount of the bonds, notes or other indebtedness to be issued for the foregoing Project(s) and the estimated dates of completion of the Project(s) are reasonably expected to be as follows: Project Fund from which Total Amount of Estimated original Estimated Borrowing Date of expenditures are to Cost Anticipated Completion be Advanced Bee Branch Watershed Flood Mitigation Project Storm Water $4,800,000 $4,800,000 12/31/16 Phase 7 — Land Utility Fund Acquisition Section 4. That the City reasonably expects to reimburse the above - mentioned Project costs not later than the later of eighteen months after the capital expenditures are paid or eighteen months after the property is placed in service. Section 5. That this Resolution be maintained by the City Clerk and available at all times for public inspection, subject to such revisions as may be necessary. PASSED AND APPROVED this 3rd day of February, 201 ATTEST: A#111",/, -(402. City Clerk 3 Mayor CERTIFICATE STATE OF IOWA ) SS COUNTY OF DUBUQUE I, the undersigned City Clerk of the City of Dubuque, 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 meeting 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, 2014. (SEAL) 00995892 -1 \10422 -000 1 ROLL CALL ORDER FOR MEETING OF 2/3/2014 Resnick, Sutton, Braig, Buol, Connors, Jones, Lynch CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. 6th Street February 3, 2014 Council meetings are video streamed live and archived at www.citvofdubuque.orq /media and on Dubuque's CityChannel on the Mediacom cable system at Channel 8 (analog) and 85.2 (digital). WORK SESSION 5:00 PM Housing and Community Development Housing & Community Dev -MVM Memo Work Session Agenda, Work Session Presentation City Focus Featuring Housing - DRAFT, REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE 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 Airport Commission of 6/24/13, 8/26/13, 10, 28, 13 and 12/16/13; City Council proceedings of 1/21; Civil Service Commission of 1/15, 1 22 and 1/30; Electrical Code Board of 1/27; Housing Commission of 12/3/13 and 1/28; Library Board of Trustees Update of 1/23; Park and Recreation Commission of 1/14; Zoning Board of Adjustment of 1/23; Proofs of Publication for City Council proceedings of 1/6 and 1/7 Suggested Disposition: Receive and File Airport 1/24/13, Airport 8/26/13 Airoort 10/28/13 Airport 12/16/13 City Council 1/21 Civil Service 1/15 Civil Service 1/22 Civil Service 1/30 Electrical Board 1/27, Housing 12/3/13, Housing 1/28, Library Board 1/23, Park and Recreation 1/14 Zoning Board of Adiustment 1/23, Proof - City Council Proceedings 1/6 Proof - City Council Proceedings 1/7 2. Notice of Claims and Suits David Fisch for vehicle damage, Interstate Power and Light for property damage, Robert Lange for vehicle damage, Ryan Leick for vehicle damage Suggested Disposition: Receive and -File; Refer to City Attorney Fisch Claim, Interstate Claim. Lange Claim, Leick Claim, 3. 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: Area Residential Care for property damage, Jason and Amanda Bickel for vehicle damage, David Fisch for vehicle damage, Mediacom Communications Company for vehicle damage Suggested Disposition: Receive and File; Concur ICAP Claims 4. SRF Green Alley Year 2 Bid Sets - Consultant Services Recommendation City Manager recommending approval of the selection of the engineering consultants for the SRF Green Alleys - Year 2 — Bid Sets. Suggested Disposition: Receive and File; Approve SRF Green Alley Year 2 Bid Sets -MVM Memo Staff Memo Supporting Document 5. ' Final Plat - Dubuque Industrial Center South Pg. 1