Council authorizes bond counsel contract ahead of wastewater treatment upgrade financing

The Middleton City Council authorized the mayor to enter an agreement with MSBT Law to provide bond counsel services connected with financing the planned wastewater treatment plant upgrade.

Jason (last name not specified), Public Works representative, told the council the city retained Clearwater Financial as financial adviser and issued a request for qualifications to firms that handle municipal bond financing. Two firms responded and Clearwater and staff recommended MSBT. The recommendation, the evaluation scoring sheet and the proposed MSBT contract were included in the council packet.

Why it matters: The wastewater treatment plant project is intended to replace capacity the plant can no longer meet under its current permit and to expand service capacity. Council discussion touched on capacity planning: the city’s current permit covers about 8,000 equivalent dwelling units (EDUs); the initial construction phase tied to this financing would add roughly 1,500 EDUs, bringing capacity to about 9,500 EDUs. Additional future phases described by staff could add further capacity toward a planning-horizon total of approximately 15,000 EDUs.

Staff said the Idaho permitting authority (referred to in the meeting as IDQ) is working on the city’s permit, and Clearwater Financial and city staff negotiated terms with MSBT. The contract was reviewed by the city’s legal counsel, who raised no exception.

Council members asked about cost ranges for bond counsel services and options to reduce fees; staff said the contract covers a range of options and reimbursable tasks. The council voted to authorize the mayor to execute the agreement.

Ending: Staff will proceed with MSBT as bond counsel as recommended by Clearwater Financial and will continue project and financing planning.