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