Bee Branch Watershed_State Flood Mitigation Board Agreement 2013AGREEMENT
BETWEEN
THE FLOOD MITIGATION BOARD
AND
THE CITY OF DUBUQUE, IOWA
APPROVING THE APPLICATION OF THE CITY OF DUBUQUE
FOR THE USE OF SALES TAX REVENUES
FOR THE STATE OF IOWA FLOOD MITIGATION PROGRAM
FOR THE BEE BRANCH WATERSHED FLOOD MITIGATION PROJECT
NUMBER: 2013-0
TABLE OF CONTENTS
Page
FLOOD MITIGATION BOARD PROGRAM AGREEMENT
ARTICLE 1 THE PARTIES AND THE PROJECT 5
ARTICLE 2 AGREEMENT DURATION 5
ARTICLE 3 AGREEMENT ELEMENTS 5
ARTICLE 4 FUNDING 6
ARTICLE 5 APPROVAL OF USE OF SALES TAX REVENUES 6
ARTICLE 6 DISBURSEMENT/REMITTANCE 6
ARTICLE 7 TERMS AND CONDITIONS OF PARTICIPATION IN
FLOOD MITIGATION BOARD
7.1 Use of Funds 6
7.2 Accounting Records 6
7.3 Documentation 6
7.4 Bonds and Insurance 7
7.5 Notice of Proceedings 7
7.6 Reporting Obligations 7
7.7 Covenants of City 7
7.8 Representations and Warranties of City 8
7.9 Compliance with Laws and Regulations 8
7.10 General Indemnification 8
ARTICLE 8 NONCOMPLIANCE AND TERMINATION
8.1 Notice of Noncompliance 8
8.2 Event of Noncompliance 9
8.3 Consequences of Event of Noncompliance 9
8.4 Notice to City of Event of Noncompliance 9
8.5 City Initiated Termination 10
8.6 Procedure upon Termination 10
ARTICLE 9 GENERAL PROVISIONS
9.1 Binding Effect 10
9.2 Public Record 10
9.3 Survival of Agreement 10
9.4 Immunity 10
9.5 Modification 10
9.6 Notices 10
9.7 Financial Limitation 11
9.8 Enforcement Expenses 11
9.9 Headings 11
SIGNATURES 11
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EXHIBIT A FLOOD MITIGATION APPLICATION, AS APPROVED BY 12
THE FLOOD MITIGATION BOARD
EXHIBIT B SCHEDULE OF REMITTANCES
13
EXHIBIT C FLOOD MITIGATION BOARD APPROVAL ORDER 14
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AGREEMENT
APPROVING THE APPLICATION OF THE CITY OF DUBUQUE
FOR THE USE OF SALES TAX REVENUES
FOR THE STATE OF IOWA FLOOD MITIGATION PROGRAM
FOR THE BEE BRANCH WATERSHED FLOOD MITIGATION PROJECT
NUMBER: 2013-0
APPLICANT:
CITY OF DUBUQUE, IOWA
50 WEST 13th STREET
DUBUQUE, IOWA 52001
PROJECT: Bee Branch Watershed Flood Mitigation
PROJECT COMPLETION DATE: December 31, 2033
THIS AGREEMENT approving the application of the City of Dubuque for the use of
sales tax revenues for the State of Iowa Flood Mitigation Program for the Bee Branch
Watershed Flood Mitigation Project is made by and between the Flood Mitigation Iowa Board
and the City of Dubuque, Iowa.
WHEREAS, the Flood Mitigation Program was established by the Iowa Legislature and
the Governor of Iowa to support community projects for the construction and reconstruction of
levees, embankments, impounding reservoirs, or conduits that are necessary for the protection
of property from the effects of floodwaters and may include the deepening, widening, alteration,
change, diversion, or other improvement of watercourses if necessary for the protection of such
property from the effects of floodwaters; and
WHEREAS, the City submitted an Application (the Application) to the Flood Mitigation
Board requesting approval for the use of sales tax revenues for the State of Iowa Flood
Mitigation Program for the Bee Branch Watershed Flood Mitigation Project (the Project). The
Project includes of the following phases:
Phase Description
1 Carter Road Detention Basin
2 West 32nd Street Detention Basin
3 Historic Millwork District
4 Lower Bee Branch Creek Restoration
5 Flood Mitigation Gate Replacement
6 Impervious Surface Reduction
7 Upper Bee Branch Creek Restoration
8 22nd Street Storm Sewer Improvements
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9 Flood Mitigation Maintenance Facility
10 North End Storm Sewer Improvements
11 Water Plant Flood Protection
12 17th Street Storm Sewer Improvements
WHEREAS, the Flood Mitigation Board found the Project to meet the requirements
established for participation in the Flood Mitigation Program as set forth in Iowa Code chapter
418 and the administrative rules implementing the same; and
WHEREAS, the Flood Mitigation Board, on December 4, 2013, voted to approve the
Application for construction of the Project, subject to the requirements set forth in Iowa Code
chapter 418 and the administrative rules promulgated under it and subject to the terms and
conditions herein and the execution of this Agreement.
NOW THEREFORE, in consideration of the mutual promises contained herein and
intending to be legally bound, the Flood Mitigation Board and the City of Dubuque agree to the
following terms:
ARTICLE 1
THE PARTIES AND THE PROJECT
1.1 The Flood Mitigation Board (the Board) is a public instrumentality of the State of Iowa
that was created by Iowa Code section 418.5 to organize, establish, oversee and approve the
administration of the Flood Mitigation Program set forth in Iowa Code chapter 418. The Board's
address is 7105 NW 70th Avenue/Camp Dodge/ Bldg. W-4/ Johnston, Iowa 50131.
12 The City of Dubuque (City) is a municipality of the State of Iowa, organized and
operating pursuant to the relevant statutes of the State of Iowa. Its address is 50 West 13th St,
Dubuque, IA 52001.
1.3 The Project, as approved by the Board prior to the date hereof, includes the
components set forth in more detail in the Application, which is incorporated herein.
1.4 The City shall be responsible for the financing, construction, operation and maintenance
of the Project.
ARTICLE 2
AGREEMENT DURATION
This Agreement shall be in effect from the Agreement effective date through December 31,
2033.
ARTICLE 3
AGREEMENT ELEMENTS
This Agreement shall include as integral parts hereof:
(a) Exhibit A — Application, including the Executive Summary and all exhibits
thereto, as approved by the Board
(b) Exhibit B — Schedule of Remittances
(c) Exhibit C — Flood Mitigation Board Approval Order
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Due to its size, Exhibit A will not be attached to this Agreement, but will be kept on file at the
Board's offices in the form as originally filed with the Board. It shall, nevertheless, be
considered an incorporated element of this Agreement.
ARTICLE 4
FUNDING
In addition to the moneys received pursuant to Iowa Code section 418.12, the City may deposit
in the flood project fund any other moneys lawfully received by the City, including but not limited
to local sales and services tax receipts collected under chapter 423B.
ARTICLE 5
APPROVAL OF USE OF SALES TAX REVENUES
The Board hereby approves the use of sales tax increment revenues under Iowa Code chapter
418 to the maximum amount of $ 98.494.178, payable over the term of this agreement and
pursuant to the schedule as set out in the attached Exhibit B, or as amended during the term of
this Agreement, all in accordance with and subject to the terms and conditions of this
Agreement, Iowa Code chapter 418, and applicable administrative rules.
ARTICLE 6
DISBURSEMENT/REMITTANCE
The City acknowledges that disbursement or remittance from the sales tax incremental fund by
the Iowa Department of Revenue is governed by Iowa Code section 418.12 and Iowa
Administrative Code ch. 701-238. The City further acknowledges that pursuant to Iowa Code
section 418.4(3)(d), prior to any disbursement or remittance, the City must adopt a resolution
authorizing the use of sales tax increment revenue and, within ten (10) days of adoption,
provide a copy of the resolution to the Iowa Department of Revenue. The City shall also
provide a copy of the resolution to the Board.
ARTICLE 7
TERMS AND CONDITIONS OF PARTICIPATION IN FLOOD MITIGATION PROGRAM
7.1 USE OF FUNDS. The City hereby agrees to cause the Project to be constructed and
operated and to maintain the Project in accordance with the representations in this Agreement
and all Exhibits hereto. The funds shall be used for constructing and financing the Project
described in Exhibit A and as mandated by the laws and regulations governing the Flood
Mitigation Program. The City shall allow the State of Iowa and its employees and agents to
inspect the Project facilities at all times in order to audit, monitor and evaluate compliance with
federal, state, and local law, as well as the terms of this Agreement.
7.2 ACCOUNTING RECORDS. The City shall maintain or be able to readily provide all
books, records and all other financial documents pertaining to this Agreement and its
involvement in the Flood Mitigation Program. These records shall be available for inspection
and copying by the State of Iowa and its employees and agents at all times within the term of
this Agreement and during the term of any extension thereof, and for three (3) full years from
the expiration date.
7.3 DOCUMENTATION. Within thirty (30) days of receipt of a written request from the
Board to the City, the City shall deliver to the Board: (i) copies of all agreements or documents
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relating to the Project, (ii) copies of all invoices, receipts, statements or vouchers relating to the
Project, (iii) a list of all unpaid bills for labor and materials in connection with the Project, (iv)
budgets and revisions showing estimated Project costs and funds required at any given time to
complete and pay for the Project.
7.4 BONDS AND INSURANCE. The City shall maintain in effect, with insurance companies
of recognized responsibility, at its own expense, insurance and bonds to the extent required
under Iowa law.
7.5 NOTICE OF PROCEEDINGS. The City shall promptly notify the Board of the initiation of
any claims, lawsuits, bankruptcy proceedings or other proceedings brought against the City that
could potentially adversely impact the Project.
7.6 REPORTING OBLIGATIONS. Pursuant to Iowa Code chapter 418, the City shall submit
reports to the Board, including the following:
1. On or before December 15 of each year for the duration of this Agreement, the
City shall submit to the board a report detailing all of the following:
a. The total expenditures and types of expenditures that have been made
related to the project;
b. The amount of the total project cost remaining as of the date the report was
submitted;
c. The amounts, types, and sources of funding being used; and
d. The amount of bonds issued, if any, or other indebtedness incurred for the
project, including information related to the rate of interest, length of term,
costs of issuance, and net proceeds. The report shall also include the
amounts and types of moneys used for payment of such bonds or
indebtedness.
2. No later than five (5) years from the date the Board approved the City's
application, the City shall submit a report to the Board certifying the total amount
of non-public investment, as defined in Iowa Code section 418.9(2)(d) that has
occurred in the City's area as defined in Iowa Code section 418.11(3).
3. No later than ten (10) years from the date the Board approved the City's
application, the City shall submit a second report to the Board certifying the total
amount of non-public investment, as defined in Iowa Code section 418.9(2)(d)
that has occurred in the City's area as defined in Iowa Code section 418.11(3).
4. Upon the completion of the Project, the City shall submit a final accounting and
project report to the Board.
7.7 COVENANTS OF THE CITY.
1. AFFIRMATIVE COVENANTS. Throughout the term of this Agreement, the City
covenants to the Flood Mitigation Board that:
A PROJECT WORK. The City shall complete the Project by December 31,
2033. For the purposes of this section "complete" means the Project is fully
constructed and operational.
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B. OPERATION AND MAINTENANCE. The City shall operate, maintain,
and support the Project at a professional level consistent with applicable industry
standards.
C. CITY BONDS. The City shall comply with Iowa Code section 418.14 and
all applicable administrative rules with respect to bond issuance.
2. NEGATIVE COVENANTS. Throughout the term of this Agreement, the City
shall not, without prior written disclosure to the Board and prior written consent of the
Board, directly or indirectly materially change the scope or use of the Project or the
nature of the business and activities being conducted, or proposed to be conducted by
the City, as described in Exhibit A, unless approved in writing by the Board.
7.8 REPRESENTATIONS AND WARRANTIES OF THE CITY. The City represents,
covenants, and warrants that the contents of the Application submitted by the City to the Flood
Mitigation Board for funding is a complete and accurate representation of the City and the
Project as of the date of submission and there has been no material adverse change in the
organization, operation, fixed properties, key personnel or Project plan of the City since the
date the City's Application was approved by the Board.
7.9 COMPLIANCE WITH LAWS AND REGULATIONS. The City shall comply with all
applicable federal, state, and local laws, rules, ordinances, regulations, and orders when
performing within the scope of this Agreement and the Project, including, without limitation, the
provisions of Iowa Code chapter 418, and the administrative rules promulgated under it.
7.10 GENERAL INDEMNIFICATION. The City shall, to the extent permitted by the laws and
the Constitution of the State of Iowa, indemnify, defend and hold harmless the Board, the State
of Iowa, its departments, divisions, agencies, sections, commissions, officers, employees and
agents from and against all losses, liabilities, penalties, fines, damages and claims (including
truces), and all related costs and expenses (including reasonable attorneys' fees and
disbursements and costs of investigation, litigation, settlement, judgments, interest and
penalties), arising from or in connection with any of the following:
1. Any claim, demand, action, citation or legal proceeding arising out of or resulting
from the Project;
2. Any claim, demand, action, citation or legal proceeding arising out of or resulting
from a breach by the City of any representation or warranty made by City in this
Agreement;
3. Any claim, demand, action, citation or legal proceeding arising out of or related
to occurrences that the City is required to insure against as provided for in this
Agreement; and
4. Any claim, demand, action, citation or legal proceeding which results from an act
or omission of the City or agents in its capacity as an employer of a person.
ARTICLE 8
NONCOMPLIANCE AND TERMINATION
8.1 NOTICE OF NONCOMPLIANCE. The City shall promptly notify the Board upon
becoming aware of an actual or imminent Event of Noncompliance by the City.
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8.2 EVENT OF NONCOMPLIANCE. Each of the following shall constitute an Event of
Noncompliance:
1. MISREPRESENTATION OR INACCURATE REPRESENTATION. If at any time
the Board determines, after the City is given notice and opportunity to be heard, that any
representation, warranty, or statement made or furnished to the Board by, or on behalf
of the City in connection with this Agreement or the Application was incorrect, false,
misleading, or erroneous in any material respect when made or furnished, or if it
becomes untrue due to some later occurrence, act, or omission following the Board's
approval of the City's Application.
2. NONCOMPLIANCE WITH PROVISION OF LAW. If the City fails to comply with
all applicable federal, state, and local laws, rules, ordinances, regulations, and orders
when performing within the scope of this Agreement and the Project, including, without
limitation, the provisions of Iowa Code chapter 418, and the administrative rules
promulgated under it.
3. NONCOMPLIANCE WITH PROVISION OF AGREEMENT. If the City fails to
materially comply with this Agreement and its Exhibits.
4. SCOPE OF PROJECT. If the City, directly or indirectly, materially changes the
scope or use of the Project, or the milestones, or the nature of the business and
activities being conducted, or proposed to be conducted, all as described in Exhibit A,
unless the City first obtains Board approval to amend or modify the Project.
5. MISSPENDING. If the City expends funds in contravention of the laws or rules
restricting the use of Flood Mitigation funds or if the City expends such funds for
purposes not described in this Agreement unless the City first obtains Board approval to
amend or modify the Project.
6. FAILURE TO COMPLETE. If the Scope of Project, as approved and/or
amended by the Board, is not completed on or before December 31, 2033. For the
purposes of this section "completed" means the Project is constructed and operational.
7. FAILURE TO OPERATE, MAINTAIN, AND SUPPORT. If the City fails to
operate, maintain, and support all property and improvements relating to the Project as
set forth in Iowa Code section 418.15
8.3 CONSEQUENCES OF EVENT OF NONCOMPLIANCE. Upon the occurrence of an
event of noncompliance, the Board may, after providing notice and an opportunity to be heard
by the City, take any action in its sole discretion authorized by law, including, but not limited to
rescinding its approval to the City's Application, terminating this Agreement, suspending further
remittances to the City, or ordering the City to file with the Board a request to amend its
Application and/or Project. The Board may, at its discretion, transmit a copy of such action to
the Iowa Department of Revenue, which shall result in the suspension or termination of the
City's right to receive any further remittances under Iowa Code chapter 418.
8.4 NOTICE TO THE CITY OF EVENT OF NONCOMPLIANCE. In lieu of any other remedy
authorized by law, the Board may, in its sole discretion, provide the City notice of the event of
noncompliance with instructions to cure the noncompliance within a period of time determined
by the Board. The Board's decision to provide Notice of Event Noncompliance in no manner or
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respect inhibits the Board's ability to take any other action authorized by law in response to the
event of noncompliance.
8.5 CITY INITIATED TERMINATION. If the City ceases to need the sales tax revenue prior
to the conclusion of the Project or this Agreement, the City shall notify the Director of the Iowa
Department of Revenue. The effect of such notification will be governed by Iowa Code section
418.15.
8.6 PROCEDURE UPON TERMINATION. If the Agreement is terminated by agreement of
the parties, due to an Event of Noncompliance, disbursements may be allowed, in the discretion
of the Board, for costs incurred prior to the date of termination if allowed under Iowa law.
ARTICLE 9
GENERAL PROVISIONS
9.1 BINDING EFFECT. This Agreement shall be binding upon and shall inure to the benefit
of the Board, the City, and their respective successors, legal representatives and assigns.
9.2 PUBLIC RECORD. This Agreement is a public record governed by Iowa Code chapter
22.
9.3 SURVIVAL OF AGREEMENT. Each provision of this Agreement shall be deemed to be
severable from all other provisions of the Agreement and, if one or more of the provisions of the
Agreement shall be declared invalid, the remaining provisions of the Agreement shall remain in
full force and effect.
9.4 IMMUNITY. By entering into this Agreement, the State of Iowa and the Board are not
waiving any immunity to suit or liability, in state or federal court.
9.5 MODIFICATION. Neither this Agreement nor any documents incorporated by reference
in connection with this Agreement may be changed, waived, discharged or terminated orally,
but only as provided below:
1. WRITING REQUIRED. This Agreement may only be amended through written
prior approval of the Board. Examples of situations where amendments are required
include extensions for completion of the Project, changes to the Project including, but
not limited to, alteration of existing approved activities, inclusion of new activities, or
amendments to the schedule of remittances.
2. BOARD REVIEW. The Board will consider whether an amendment request is so
substantial as to necessitate reevaluating the Board's approval of the Application. An
amendment will be denied by the Board if it does not meet requirements set forth in
Iowa Code Chapter 418 or Iowa Administrative Code chapter 605-14.
9.6 NOTICES. Whenever this Agreement requires or permits any notice or written request
by one party to another, it shall be in writing, enclosed in an envelope, addressed to the party to
be notified at the address heretofore stated (or at such other address as may have been
designated by written notice), properly stamped, sealed and deposited in the United States
Mail. Any such notice given hereunder shall be deemed delivered upon the earlier of actual
receipt or three (3) days after posting. The Board may rely on the addresses of the City as set
forth heretofore.
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9.7 FINANCIAL LIMITATION. It is agreed by the City that the Board shall not, under any
circumstances, be obligated financially under this Agreement.
9.8 ENFORCEMENT EXPENSES. The City shall pay upon demand any and all reasonable
fees and expenses of the Board relating to the successful enforcement of this Agreement,
including the fees and expenses of its attorneys, experts and agents, in connection with the
exercise or enforcement of any of the rights of the Board under this Agreement.
9.9 HEADINGS. The headings in this Agreement are intended solely for convenience of
reference and shall be given no effect in the construction and interpretation of this Agreement.
IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and
for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which
are hereby acknowledged, the parties have entered into the above Agreement and have
caused their duly authorized representatives to execute this Agreement.
CITY OF DUBUQUE, IOWA FLOOD MITIGATION BOARD
By:b--tid) /3.tg"
Roy D. Bud, Mayor
Date
Attest:
February 3, 2014
Ke in S. Firnstahl, City Clerk
Date: February 3, 2014
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By:
Mark J.outen, Chair
Date: `t(AI zt
1710Z 90 S
EXHIBIT A
APPLICATION OF THE CITY OF DUBUQUE
FOR THE USE OF SALES TAX REVENUES
FOR THE STATE OF IOWA FLOOD MITIGATION PROGRAM
FOR THE BEE BRANCH WATERSHED FLOOD MITIGATION PROJECT
(On file with the Flood Mitigation Board)
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EXHIBIT B
SCHEDULE OF REMITTANCES OF THE CITY OF DUBUQUE
FOR THE USE OF SALES TAX REVENUES
FOR THE STATE OF IOWA FLOOD MITIGATION PROGRAM
FOR THE BEE BRANCH WATERSHED FLOOD MITIGATION PROJECT
CITY OF DUBUQUE
Flood Mitigation Program
SALES TAX USE PROJECTIONS
YEAR i� ,`�£A AMOUNT
2014 $
2015 $
2016 $
2017 $
2018 $
2019 $
2020 $
2021 $
2022 $
2023 $
2024 $
2025 $
2026 $
2027 $
2028 $
2029 $
2030 $
2031 $
2032 $
2033 $
2034 $
2035 $
TOTAL $ 98,494,178.00
332,469.00
1,407, 664.00
2,132,255.00
2,871,049.00
3,624,322.00
4, 392, 361.00
5,175,452.00
5,973,893.00
6, 787, 982.00
6,944,414.00
6,968,288.00
6,946,514.00
6,957,577.00
6,947,487.00
6, 947, 500.00
6,500,000.00
6,000,000.00
5, 500, 000.00
3,260,000.00
2,824,951.00
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EXHIBIT C
BEFORE THE FLOOD MITIGATION BOARD
STATE OF IOWA
IN THE MATTER OF THE FLOOD ) FINDINGS OF FACT AND
MITIGATION PROJECT APPLICATION OF ) CONCLUSIONS OF LAW AND
THE CITY OF DUBUQUE FOR THE USE OF ) DETERMINATION
SALES TAX REVENUES FOR THE STATE OF )
IOWA FLOOD MITIGATION PROGRAM
TO: City of Dubuque
STATEMENT OF THE CASE
The City of Dubuque (hereinafter the "City") filed its Flood Mitigation Project Application
and Project Pian (hereinafter the "Application") for the use of sales tax revenues for the State of
Iowa Flood Mitigation Program for the Bee Branch Watershed Flood Mitigation Project with the
Iowa Flood Mitigation Board (hereinafter the "Board") on November 8, 2013. On November 21,
2013, the Board conducted a public meeting on the Application as required by law and accepted
presentations by Iowa Homeland Security and Emergency Management Department and the
City, oral and written public comment, and additional written material submitted by and other
members of the public. On December 4, 2013, the Board reconvened and considered the City's
Application for the use of sales tax revenues and the supporting documentation submitted by
the City. After due consideration, the Board made the following findings of fact, conclusions of
law and determination:
FINDINGS OF FACT
1 On November 8, 2013, the City filed with the Board the Application for the use of sales
tax revenues for the State of Iowa Flood Mitigation Program for the Bee Branch
Watershed Flood Mitigation Project.
2. On November 21, 2013, the Board convened a meeting at 10:00 a.m. at the State
Capitol, Room 102, Des Moines, Iowa. The Board conducted a public meeting on the
City's request and accepted presentations by Iowa Homeland Security and Emergency
Management Department and the City, oral and written public comment, and additional
written material submitted by other members of the public.
Page 1
14
3. On December 4, 2013, the Board convened a meeting at 1:00 p.m. at the State Capitol,
Room 102, Des Moines, Iowa. The Board Chair accepted a motion that the Board
approve the Application for the City filed with the Board on the eighth day of November,
2013. It was further moved that the Board approve the use of sales tax Increment
revenue to support the Application in a total amount not to exceed $98,494,178.00,
pursuant to a schedule set out in the Application. It was further moved that annual sales
tax increment amounts shall be limited to the lesser of the state fiscal year annual
projection submitted as a part of the approved Application for the City or the actual
annual eligible tax increment as determined by the Iowa Department of Revenue. The
motion to approve was seconded and the Board discussed the motion. The Board chair
asked for a roll call vote and the Board voted 9-0 to approve the motion.
CONCLUSIONS OF LAW
1. The City is a governmental entity as the term is defined in. Iowa Code § 418.1(4).
2. The City's proposed flood mitigation project meets the requirements as an eligible
project type as defined in Iowa Code § 418.1(5).
3. The City has applied for and/or received approved federal financial assistance In an
amount equal to at least twenty percent (20%) of the total cost of the project, or $30
million, whichever is less, as required under the Iowa Code § 418.4(3)(b).
4. The City has agreed to provide a local match, when combined with the federal share, of
a minimum of fifty percent (50%) of the total project cost as required under the Iowa
Code § 418.9(2)(d).
5. The City's proposed flood mitigation project will result in nonpublic investment in the
City's area, as defined in Iowa Code § 418.11(3), of an amount equal to at least fifty
percent (50%) of the total cost of the flood mitigation project as required under the Iowa
Code § 418.9(2)(d).
6. The Board has duly considered all other provisions of Iowa Code § 418.9 (2) (a) — (h).
ORDER
THEREFORE, IT IS ORDERED that pursuant to Iowa Code §418.9 (4), the Board
hereby approves the City's Application for the Bee Branch Watershed Flood Mitigation Project
and the use of the sales tax increment revenues under Iowa Code Chapter 418, not to exceed
$15 million In any one fiscal year or 70% of the total yearly amount of Increased sales tax
Page 1 2
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revenue in the City's applicable area and deposited in the City's account, whichever is less, to
the maximum amount of $98,494,1.78.00.
This amount shall be, payable over to the City pursuant to the schedule as set out In the
City's Application. All this Is in accordance with and subject to the terms and conditions of Iowa
Code Chapter 418 and the administrative rules promulgated thereunder.
Dated this 41" day of December, 2013.
Page I 3
IOWA FLO
MITIGATION BOARD
Mark J, Schouten, Chairperson
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PROOF OF SERVICE
The undersigned hereby certifies that a true copy of the foregoing instrument was served
upon:
Teri Goodmann
City of Dubuque
50 West 13th Street
Dubuque, IA 52001
Said copy was mailed in an envelope addressed to them at the address shown above,
with postage fully paid and by depositing same in a United States Post Office depository in Des
Moines, Iowa, on the '"` day of January, 2014.
Page I 4
Mireile Matthes, Adtninistrative Assistant
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