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5 1 09 City Council Proceedings_Special Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in special session at 4:30 p.m. on May 1, 2009 in Conference Room B, City Hall. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Voetberg Mayor Buol read the call and stated this is a special session of the City Council to act upon such business that may properly come before the City Council. ACTION ITEM First amendment to Incentives Agreement with International Business Machines Corporation (IBM): City Manager recommending approval of the First Amendment to the Incentives Agreement with IBM extending the deadline for finalizing the IDED assistance agreement to July 1, 2009. Motion by Lynch to receive and file the documents and adopt Resolution No. 136-09 Approving the First Amendment to the Incentives Agreement between the City of Dubuque, Iowa, and International Business Machines Corporation. Seconded by Braig. Motion carried 6-0. RESOLUTION NO. 136-09 APPROVING THE FIRST AMENDMENT TO INCENTIVES AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND INTERNATIONAL BUSINESS MACHINES CORPORATION Whereas, the City of Dubuque, Iowa (City) and International Business Machines Corporation (Employer) have entered into an Incentives Agreement (the Agreement) dated February 16, 2009; and Whereas, the Agreement is subject to the condition that Employer may terminate the Agreement at any time on or before May 1, 2009 in the event Employer determines that financial assistance with the State of Iowa Department of Economic Development (the IDED Assistance) is unsatisfactory to Employer; and Whereas, documentation for the IDED Assistance has not been finalized by Employer and IDED; and Whereas, City and Employer desire to amend the Incentives Agreement to extend the termination date to July 1, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The First Amendment attached hereto is hereby approved. Passed, approved and adopted this 1st day of May, 2009. Roy D. Buol, Mayor Attest Jeanne F. Schneider, CMC, City Clerk There being no further business, upon motion the City Council adjourned at 4:36 p.m. /s/Kevin S. Firnstahl Assistant City Clerk 1t 5/6