10 19 09 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on October 19, 2009 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg,
Acting City Manager Steinhauser, Assistant City Attorney O’Brien
Mayor Buol read the call and stated this is a regular session of the City Council to act upon
such business that may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Randy Sirk of Temple Beth El.
PROCLAMATION
Dubuque Weatherization Challenge Day (October 24, 2009) was accepted by Operation:
New View Executive Director Tom Stovall, 1473 Central Avenue.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Voetberg. Braig requested (#16) Neighborhood Stabilization Program
be held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 10/5; Civil Service Commission of 10/14;
Human Rights Commission of 9/14; Plumbing Board of 10/1; Zoning Advisory Commission of
10/7; Zoning Board of Adjustment of 9/24
Proofs of publication of City Council Proceedings of September 21 and 23, 2009 and List of
Claims and Summary of Revenues for Month Ended August 31, 2009
Library Board of Trustees Update from Meeting of September 24, 2009
Substance Abuse Services Center First Quarter Report
Upon motion the documents were received and filed.
Notice of Claims/Suits: Opalus Salon and Spa for loss of revenue; Chelsea Deines for
vehicle damage. Upon motion the documents were received and filed and referred to the City
Attorney.
City Attorney advising that the following claim has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Chelsea Deines for
vehicle damage
City Attorney recommending settlement of the claim of Opalus Salon for loss of revenue.
Upon motion the documents were received and filed and concurred.
Green Alley Project: City Manager recommending acceptance of the Green Alley Pilot
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Project (11 – 13 between White and Jackson Streets), as completed by Portzen
Construction, in the final contract amount of $199,966.88. Upon motion the documents were
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received and filed and Resolution No. 403-09 Accepting the Green Alley Pilot Project (11 –
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13 between White and Jackson Streets) and authorizing payment of the contract amount to
the contractor was adopted.
RESOLUTION NO. 403-09
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ACCEPTING THE GREEN ALLEY PILOT PROJECT (11 – 13 BETWEEN WHITE &
JACKSON STREETS) AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT
TO THE CONTRACTOR
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Whereas, the Public Improvement Contract for the Green Alley Pilot Project (11 – 13
between White & Jackson Streets) (the Project) has been completed and the City Engineer
has examined the work and filed a certificate stating that the Project has been completed
according to the terms of the Public Improvement Contract and that the City Engineer
recommends that the Project be accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the Green
Alley Pilot Project appropriations for the contract amount of $199,966.88 less any retained
percentage provided for therein as provided in Iowa Code chapter 573, and to pay such
retainage only in accordance with the provisions of Iowa Code chapter 573.
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Passed, approved and adopted this 19 day of October, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE GREEN ALLEY
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PILOT PROJECT (11 – 13 BETWEEN WHITE & JACKSON STREETS)
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Green Alley Pilot Project (11th – 13th between White & Jackson Streets), that
the Project has been performed in compliance with the terms of the Public Improvement
Contract, and that the total cost of the completed work is $225,914.15
Dated this 14th day of October, 2009.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 14 day of October, 2009.
Jeanne F. Schneider, CMC, City Clerk
Eagle Point Park Trolley Line Trail Project: City Manager recommending acceptance of the
Eagle Point Park Trolley Line Trail Project as completed by Portzen Construction in the final
contract amount of $203,708.91. Upon motion the documents were received and filed and
Resolution No. 404-09 Accepting the Eagle Point Park Trolley Line Trail Project and
authorizing payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 404-09
ACCEPTING THE TROLLEY LINE TRAIL – EAGLE POINT PARK PROJECT AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Trolley Line Trail – Eagle Point Park
Project (the Project) has been completed and the City Engineer has examined the work and
filed a certificate stating that the Project has been completed according to the terms of the
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Public Improvement Contract and that the City Engineer recommends that the Project be
accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the Fiscal
Year 2008 Resource Enhancement and Protection (REAP) Grant, Water Main Replacement
Program and Street Light Replacement appropriations for the contract amount of $203,708.91
less any retained percentage provided for therein as provided in Iowa Code chapter 573, and
to pay such retainage only in accordance with the provisions of Iowa Code chapter 573.
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Passed, approved and adopted this 19 day of October, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE TROLLEY LINE
TRAIL – EAGLE POINT PARK PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Trolley Line Trail – Eagle Point Park Project, that the Project has been
performed in compliance with the terms of the Public Improvement Contract, and that the total
cost of the completed work is $238,840.91.
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Dated this 14 day of October, 2009.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 14 day of October, 2009.
Jeanne F. Schneider, CMC, City Clerk
I-Jobs Affordable Housing Assistance Grant Application: City Manager recommending
approval of an I-Jobs Affordable Housing Assistance Grant Application to the Iowa Finance
Authority on behalf of Gronen Restoration to be used for the redevelopment of the former
Caradco building mixed-use project. Upon motion the documents were received and filed and
Resolution No. 405-09 Approving I-Jobs Affordable Housing Assistance Grant Application to
the Iowa Finance Authority on behalf of Gronen Restoration was adopted.
RESOLUTION NO. 405-09
APPROVING A I-JOBS AFFORDABLE HOUSING ASSISTANCE GRANT APPLICATION
TO THE IOWA FINANCE AUTHORITY, ON BEHALF OF GRONEN RESTORATION
Whereas, the State of Iowa has established a Housing Assistance Grant Program to assist
in the development of housing in the State of Iowa; and
Whereas, the developer of the former Caradco building has been encouraged to make an
application for the grant program; and
Whereas, the Caradco redevelopment project will provide much needed residential
development to the downtown area; and
Whereas, the City Council finds that the proposed application is acceptable and necessary
to the growth and development of the city.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque agrees to sponsor the Affordable Housing Assistance Grant
Application to the Iowa Finance Authority on behalf of Gronen Restoration.
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Section 2. That the Mayor is hereby authorized and directed to execute this Resolution and
application on behalf of the City of Dubuque and forward the executed copy to the Iowa
Finance Authority.
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Passed, approved and adopted this 19 day of October, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Housing Enterprise Zone Program Agreement – St. Raphael School Project: City Manager
recommending approval of an amendment to the Housing Enterprise Zone Program
Agreement to reflect a change in developers of the St. Raphael School Project to B & C
Cathedral Development. Upon motion the documents were received and filed and Resolution
No. 406-09 Approving an amendment to a Housing Enterprise Zone Program Agreement by
and among the Iowa Department of Economic Development, the City of Dubuque and Lofts at
Cathedral Square was adopted.
RESOLUTION NO. 406-09
RESOLUTION APPROVING AN AMENDMENT TO A HOUSING ENTERPRISE ZONE
PROGRAM AGREEMENT BY AND AMONG THE IOWA DEPARTMENT OF ECONOMIC
DEVELOPMENT, THE CITY OF DUBUQUE AND LOFTS AT CATHEDRAL SQUARE.
Whereas, the City of Dubuque has established two Enterprise Zones and an Enterprise
Zone Commission; and
Whereas, the Enterprise Zone Commission on August 11, 2008 approved the application of
Lofts at Cathedral Square for Housing Enterprise Zone benefits; and
Whereas, Lofts at Cathedral Square’s application was approved by the Iowa Department of
Economic Development on August 27, 2008; and
Whereas, the Enterprise Zone Agreement was approved by the City Council by Resolution
No.341-08 on October 6, 2008; and
Whereas, an amendment is needed to transfer the agreement to B&C Cathedral
Development, LLC as it is the new developer for the project; and
Whereas, the City Council finds that the proposed amendment is acceptable and necessary
to the growth and development of the city.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of Economic Development Housing Enterprise Zone
Program Agreement Amendment 1, Number 09-HEZ-008, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the amendment on
behalf of the City of Dubuque and forward the executed copy to the Iowa Department of
Economic Development for their approval.
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Passed, approved and adopted this 19 day of October, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Final Plat – Bonson and Stewart’s Subdivision Lot “H:” Zoning Advisory Commission
recommending approval of the final plat of Bonson and Stewart’s Subdivision Lot “H.” Upon
motion the documents were received and filed and Resolution No. 407-09 Approving Bonson
and Stewart’s Subdivision Lot “H” in the City of Dubuque, Iowa, was adopted.
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RESOLUTION NO. 407-09
APPROVING BONSON AND STEWART’S SUBDIVISION LOT “H” IN THE CITY OF
DUBUQUE, IOWA.
Whereas, there has been filed with the City Clerk Bonson and Stewart’s Subdivision Lot “H”
in the City of Dubuque, Iowa; and
Whereas, said Plat of Survey provides 34.93 feet of lot frontage for Lot “H” and 1,870
square feet of lot area, where 50 feet of lot frontage and 5,000 square feet of lot area are
required by Section 42-19(b) of the Subdivision Regulations; and
Whereas, the subdivision has been examined by the Zoning Advisory Commission and had
its approval endorsed thereon; and
Whereas, said subdivision has been examined by the City Council and they find that it
conforms to the statues and ordinances relating to it.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot “H” to
have 34.93 feet of lot frontage and 1,870 square feet of lot area, where 50 feet of lot frontage
and 5,000 square feet of lot area are required.
Section 2. That the Bonson and Stewart’s Subdivision Lot “H” is hereby approved and the
Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of
Dubuque, Iowa upon said final plat.
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Passed, approved and adopted this 19 day of October 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts: City Manager
recommending approval of the submission of delinquent water, sewer, refuse and storm water
collection accounts to the Dubuque County Treasurer. Upon motion the documents were
received and filed and Resolution No. 408-09 Adopting the Schedule of Assessments for
delinquent water, refuse, sewer and storm water collection accounts and directing the Clerk to
certify the schedule of assessments to the County Treasurer and to publish notice thereof was
adopted.
RESOLUTION NO. 408-09
ADOPTING THE SCHEDULE OF ASSESSMENTS FOR DELINQUENT WATER, SEWER,
REFUSE AND STORMWATER ACCOUNTS AND DIRECTING THE CITY CLERK TO
CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO
PUBLISH NOTICE THEREOF
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the Schedule of Assessments attached hereto for delinquent
water, sewer, refuse, and stormwater accounts which Schedule of Assessments was filed in
the office of the City Clerk on the 12th day of October, 2009, the said Schedule of
Assessments be and the same is hereby approved and adopted.
That there be, and is herby assessed and levied as a lien upon the real property, the
respective sums indicated.
That the City Clerk be and is hereby directed to certify said schedule to the County
Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week
for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of
which shall be not more than fifteen days from the date of filing of the final schedule. On or
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before the date of the second publication of the notice, the City Clerk shall also mail a copy of
said notice to property owners whose property is subject to assessment, as provided and
directed in Iowa Code § 384.60.
The assessments may be paid in full or in part at the Utility Billing Office, City Hall, 50 W.
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13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of
the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30
days, unpaid assessments are payable at the County Treasurer’s Office, Dubuque County
Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same
manner as general property taxes against the respective parcels of the property set opposite
the name of the property owner.
Passed, approved and adopted this 19th day of October, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
SCHEDULE OF ASSESSMENTS
FOR DELINQUENT WATER, REFUSE, SEWER AND STORM WATER
COLLECTION ACCOUNTS - OCTOBER 2009
Account Admin.
Customer Name Service Address Balance Fee Balance
ADVANCED BUSINESS CENTER LLC 1449 JACKSON ST 277.94 5.00 282.94
AGNES E STEINES 2444 W 32ND 144.06 5.00 149.06
ALBERT M DAVIS 904 RHOMBERG AVE 87.04 5.00 92.04
AMBER COOPER 2702 PINARD ST 282.12 5.00 287.12
AMY L WAGNER 1570 AUSTIN ST 248.92 5.00 253.92
ANGIE GRIMES 2695 DOVE ST 372.74 5.00 377.74
ANTONIO G CONLEY 1104 RIVERVIEW ST 47.64 5.00 52.64
AUTO & TRUCK PARTS 3000 JACKSON ST 207.58 5.00 212.58
BELLE ESTATES LC 1035 GROVE TERRACE 2ND 48.88 5.00 53.88
BILL FINN 2010 SHELBY ST 36.12 5.00 41.12
BILL J FINN 1860 HEEB ST 18.45 5.00 23.45
BLAS & MIRIAM H CHALAS 2222 FRANCIS ST 28.78 5.00 33.78
BLAS A CHALAS 2224 FRANCIS ST 28.78 5.00 33.78
BLAS A CHALAS 2224 FRANCIS ST #2 28.78 5.00 33.78
BON VIVANT LC 562 ALMOND ST 5.78 5.00 10.78
BOULEVARD ESTATES LC 1820 DELHI ST 50.02 5.00 55.02
BOURBON ST ESTATES LC 517 ALMOND ST 59.22 5.00 64.22
BRIAN P TEDROW 1876 CENTRAL AV #304 78.73 5.00 83.73
BRIAN P TEDROW 1876 CENTRAL AVE #303 86.94 5.00 91.94
BRIAN P TEDROW 1876 CENTRAL AVE 1ST 366.71 5.00 371.71
BRIAN W BOLTON 2741 CENTRAL AVE 65.03 5.00 70.03
CHRISTINA A TIES 714 RIES ST 116.44 5.00 121.44
CITIMORTGAGE INC 2030 ROCKDALE RD 194.42 5.00 199.42
CLARA C FINGER 1955 CLARKE DR 33.73 5.00 38.73
COREY E BONNER 1815 W 3RD ST 85.25 5.00 90.25
DA VINCI'S LLC 395 W 9TH ST 544.35 5.00 549.35
DANA KISTING 702 WILSON ST 56.68 5.00 61.68
DANA KISTING 716 WILSON ST 1ST 42.18 5.00 47.18
DANA KISTING 716 WILSON ST 2ND 44.61 5.00 49.61
DANA KISTING 718 WILSON ST 1ST 46.09 5.00 51.09
DANA KISTING 718 WILSON ST 2ND 42.73 5.00 47.73
DANA KISTING 718 WILSON ST 3RD 44.15 5.00 49.15
DANIEL A DEAN 418 ALMOND ST 210.53 5.00 215.53
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DANIEL F TUTHILL 1238 JACKSON ST 420.98 5.00 425.98
DANIEL J PFEIFFER 510 ANGELLA ST 187.75 5.00 192.75
DAVID J WITTER 810 RHOMBERG AVE 9.20 5.00 14.20
DAVID O & TESSA A LOCHNER 727 HILL ST 2ND 340.04 5.00 345.04
DAVID O LOCHNER 727 HILL ST 1ST 97.61 5.00 102.61
DEAN W MILLER 604 RHOMBERG AVE 210.18 5.00 215.18
DENNIS I KRAMER 430 VALERIA ST 101.73 5.00 106.73
DIANE BERRY 695 ROBERTS ST 115.24 5.00 120.24
EQUITY BUILDERS 640 SAPPHIRE CIR 228.10 5.00 233.10
EUNICE NEWMAN 1433 WASHINGTON ST 71.11 5.00 76.11
FRANK A KALB 2268 JACKSON ST 13.98 5.00 18.98
FREEDOM DEVELOPEMENT CO LLC 1053 W 5TH ST 359.30 5.00 364.30
FRENCH MARKET ESTATES LC 1743 WHITE ST # 1 24.55 5.00 29.55
FRENCH QUARTER ESTATE LC 395 W 17TH ST 2ND 80.56 5.00 85.56
FRENCH QUARTER ESTATES LC 537 W 17TH ST 24.72 5.00 29.72
FRENCH QUARTER ESTATES LC 395 W 17TH ST 3RD 10.41 5.00 15.41
FRENCH QUARTER ESTATES LC 411 W LOCUST ST 1ST 33.49 5.00 38.49
GARY & SUSAN BAY 1815 JACKSON ST 268.89 5.00 273.89
GARY & SUSAN BAY 1777 WASHINGTON ST 467.37 5.00 472.37
GARY BERNHARD 1110 ROOSEVELT ST 52.86 5.00 57.86
GARY BERNHARD 1100 ROOSEVELT ST 132.30 5.00 137.30
GARY E & SUSAN M BAY 321 E 22ND ST 56.22 5.00 61.22
GARY E BAY 1805 JACKSON ST 317.23 5.00 322.23
GARY L HINGTGEN 3015 LEMON ST 142.60 5.00 147.60
GREG B CRAY 745 DAVIS ST 256.54 5.00 261.54
H & R PROPERTIES 1586 WASHINGTON ST 306.03 5.00 311.03
HASAN RIZVIC 3375 VENTURE CT 302.28 5.00 307.28
HEATH H HUTCHINSON 421 W 16TH ST 155.38 5.00 160.38
HIGHLANDS OF DUBUQUE LCC 675 W 11TH ST 2ND 19.27 5.00 24.27
J FOHT 723 PERU RD 132.30 5.00 137.30
JACKSON SQUARE ESTATES 1599 WASHINGTON ST 7.94 5.00 12.94
JACKSON SQUARE ESTATES LC 1698 JACKSON ST #3 68.85 5.00 73.85
JACQUELINE R KRANTZ 1040 KELLY LN 490.33 5.00 495.33
JAMES & SUZANNE CALLAHAN 2521 WINDSOR AV 205.90 5.00 210.90
JAMES B HANSON 2736 ELM ST 375.04 5.00 380.04
JASON FERREL 235 VALERIA ST 140.21 5.00 145.21
JAY A STREINZ 1578 WASHINGTON ST 307.86 5.00 312.86
JAY C CLOSE 689 W LOCUST ST 288.91 5.00 293.91
JEFFREY T SMITH 1265 THOMAS PL 238.61 5.00 243.61
JERRY D STOKES 1845 UNIVERSITY AVE 133.01 5.00 138.01
JERRY L GESIE 321 VALERIA ST 33.47 5.00 38.47
JESSE RANS 2008 FOYE ST 79.85 5.00 84.85
JESSICA HILL 1700 SCENIC VIEW DR 120.83 5.00 125.83
JIM PRINE 1040 DAVIS AVE 119.54 5.00 124.54
JOEL LEACH 2006 RHOMBERG AVE 2ND 253.28 5.00 258.28
JOHN & LORETTA DAVIS 744 NEVADA ST 2ND 187.92 5.00 192.92
JOHN C / ANN C SCHOBER 2395 KNOB HILL DR 257.55 5.00 262.55
JOHN W & SALLY JO HERRIG 13270 DERBY GRANGE RD 590.37 5.00 595.37
JOHN W FOWLER 2770 JACKSON ST 60.23 5.00 65.23
JOHN WALTERS 2840 BURLINGTON ST 273.25 5.00 278.25
JONATHAN J SLAGHT 1486 W 3RD ST 1,271.86 5.00 1,276.86
JONATHAN SLAGHT 3102 ASBURY RD 294.27 5.00 299.27
JULIE LECLERE 2491 HEMPSTEAD ST 116.75 5.00 121.75
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KATHERINE A MUNSON 2904 BALKE ST 106.17 5.00 111.17
KATIE L BERWANGER 2613 GLENVIEW CR 172.10 5.00 177.10
KEITH E WELSH 1640 ASHTON PL 240.10 5.00 245.10
KELLY A SIMPSON 1638 IOWA ST 255.23 5.00 260.23
KENNETH A GINTER 2662 OGLE ST 218.92 5.00 223.92
KENNETH E KELLER 2054 JACKSON ST 2ND 133.73 5.00 138.73
KENNY J SR BIRCH 1412 WASHINGTON ST 283.30 5.00 288.30
KERRI A DRESS 864 EDISON ST 130.66 5.00 135.66
KEVIN J POTTER 1786 JACKSON ST 251.44 5.00 256.44
KEY CITY LAND INVESTMENTS LLC 3270 DODGE ST 1,622.97 5.00 1,627.97
KINGDOM INVESTMENT LLC 500 HILL ST 134.72 5.00 139.72
KIRK L ANDERSON 1790 GARFIELD AVE 33.38 5.00 38.38
KRESS INDUSTRIAL FACILITY LLC SEIPPEL RD COMMERCIAL PARK 335.99 5.00 340.99
KRISTY MONAHAN-SMITH 2521 STAFFORD ST 33.32 5.00 38.32
KYLE G FITZGERALD 735 ROSE ST 20.67 5.00 25.67
LAURIE & DAVID VONAH 707 LINCOLN AVE 246.45 5.00 251.45
MAIN STREET DEVELOPMENT CO 100 MAIN ST 490.62 5.00 495.62
MAIN STREET DEVELOPMENT, LLC 100 MAIN ST 70.75 5.00 75.75
MARCEL A HOWARD 4914 TWILIGHT DR 32.53 5.00 37.53
MARDI GRAS ESTATES 510 E 22ND ST 1ST 61.93 5.00 66.93
MARK A BOLAND 601 TANZANITE DR 219.61 5.00 224.61
MARK STEVENS 1870 LOMBARD ST 165.78 5.00 170.78
MARSHALLESE HOUSE OF PRAISE 2155 ROCKDALE RD 284.66 5.00 289.66
MARY A GROSS 503 ARLINGTON ST 143.28 5.00 148.28
MARY ANN BAILES 877 STONE RIDGE PL 31.13 5.00 36.13
MATTHEW LACRONE 1925 WASHINGTON ST 251.87 5.00 256.87
MICHAEL J JONES 837 AIR HILL ST 346.83 5.00 351.83
MICHAEL J JONES 835 AIR HILL ST 79.97 5.00 84.97
MICHELLE SCOTT 607 W 8TH ST 33.61 5.00 38.61
MULLETT ENTERPRISES LC 1439 BLUFF ST 24.70 5.00 29.70
MULLETT ENTERPRISES LC 1441 BLUFF ST 33.36 5.00 38.36
NEW CENTURY LIQUIDATING TRUST 475 VALERIA ST 435.59 5.00 440.59
NINA K NELSON 520 LINCOLN AVE 161.93 5.00 166.93
PATRICIA J KEYS 2315 JACKSON ST 103.18 5.00 108.18
PATRICK J DUGGAN 1540 CENTRAL AV 3N 51.91 5.00 56.91
PATRICK R MARSH 158 BLUFF ST 416.48 5.00 421.48
PERRY D SOPINA 116 W 13TH ST 1ST FL 106.32 5.00 111.32
PERRY SOPINA 116 W 13TH ST #2 2ND FL 213.32 5.00 218.32
PETER V ECK 760 TANZANITE DR 219.46 5.00 224.46
RANDY S WEBER 535 S GRANDVIEW AV 325.79 5.00 330.79
RAYMOND M FULLER 2900 CENTRAL AV 1ST 95.17 5.00 100.17
RICHARD R HOWELL 1608 WASHINGTON ST 100.92 5.00 105.92
RICKEY A WHITE 650 HARVARD ST 238.03 5.00 243.03
RICKY J HURST 3975 INWOOD AV 131.26 5.00 136.26
ROB J / VICKIE L MCMULLEN 3998 INWOOD AV 113.53 5.00 118.53
ROGER RICHARD 1513 WASHINGTON ST 190.54 5.00 195.54
RON RUDIGER 590 ANGELLA ST 161.01 5.00 166.01
RONALD J & WANDA M KOENIG 2540 ELM ST 33.40 5.00 38.40
RONALD L HOUSELOG 716 E 22ND ST 123.05 5.00 128.05
RONALD P FERRARO 2830 WASHINGTON ST 409.57 5.00 414.57
RYAN A DOWNS 80 YORK ST 207.84 5.00 212.84
S VANCE DELIRE 565 CLARKE DR 28.37 5.00 33.37
SCOTLYN PROPERTIES 37 W 15TH ST #4 6.75 5.00 11.75
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SCOTLYN PROPERTIES 37 W 15TH ST #3 6.75 5.00 11.75
SCOTLYN PROPERTIES 37 W 15TH ST #1 6.75 5.00 11.75
SCOTLYN PROPERTIES 37 W 15TH ST APT 1 33.54 5.00 38.54
SCOTLYN PROPERTIES 35 W 15TH ST 1ST 68.14 5.00 73.14
SCOTT A RUNDE 35 W 15TH ST APT 2 174.46 5.00 179.46
SCOTT A RUNDE 35 W 15TH ST APT 1 482.76 5.00 487.76
SCOTT M BRIES 735 KIRKWOOD ST 2ND 183.78 5.00 188.78
SECRETARY OF HOUSING 2028 ST JOHN DR 80.78 5.00 85.78
SO FOURTH PACIFIC RIM FINANCE 2225 KERPER BL 1,369.22 5.00 1,374.22
ST THOMAS LLC 1261 THOMAS PL 255.35 5.00 260.35
STEVEN R RUNDE 3565 KEY CORNERS 179.14 5.00 184.14
TAMMY S TITTLE 921 GARFIELD AV 155.74 5.00 160.74
TERESA L STANSFIELD 740 GOETHE ST 82.12 5.00 87.12
TERRY L ATKINSON 45 OAK GROVE DR 160.76 5.00 165.76
THOMAS J & MARTHA J BLAKE 2214 JACKSON ST 2ND 299.38 5.00 304.38
THOMAS J & MARTHA J BLAKE 2301 WHITE ST # 2 19.78 5.00 24.78
TIMOTHY K MANNING 1552 LOCUST ST 89.13 5.00 94.13
TOTALS: 28,896.25 780.00 29,676.25
General Obligation Bonds – Series 2009A: City Manager recommending approval of
suggested proceedings to complete the action required for the issuance of not to exceed
$2,935,000 General Obligation Bonds – Series 2009A. Upon motion the documents were
received and filed and Resolution No. 409-09 Appointing Wells Fargo Bank, National
Association of Des Moines, Iowa, to serve as paying agent, bond registrar, and transfer agent,
approving the paying agent and bond registrar and transfer agent agreement and authorizing
the execution of the agreement; and Resolution No. 410-09 Authorizing and providing for the
issuance of $2,935,000 General Obligation Bonds, Series 2009A and levying a tax to pay said
bonds were adopted.
Council Member Lynch introduced the following resolution and moved that the resolution be
adopted. Council Member Voetberg seconded the motion to adopt. The roll was called and the
vote was, Ayes: Braig, Buol, Connors, Jones, Lynch, Resnick, Voetberg; Nays: None.
RESOLUTION NO. 409-09
APPOINTING WELLS FARGO BANK, NATIONAL ASSOCIATION OF DES MOINES, IOWA,
TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT,
APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT
AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT
WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, $2,935,000
General Obligation Bonds, Series 2009A (Taxable Build America Bonds), dated the date of
delivery, have been sold at public sale and action should now be taken to provide for the
maintenance of records, registration of certificates and payment of principal and interest in
connection with the issuance of the Bonds; and
WHEREAS, this Council has deemed that the services offered by Wells Fargo Bank,
National Association of Des Moines, Iowa, are necessary for compliance with rules,
regulations, and requirements governing the registration, transfer and payment of registered
Bonds; and
WHEREAS, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter
"Agreement") has been prepared to be entered into between the City and Wells Fargo Bank,
National Association.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA:
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Section 1. That Wells Fargo Bank, National Association of Des Moines, Iowa, is hereby
appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the
issuance of $2,935,000 General Obligation Bonds, Series 2009A (Taxable Build America
Bonds), dated the date of delivery.
Section 2. That the Agreement with Wells Fargo Bank, National Association of Des Moines,
Iowa, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement
on behalf of the City.
th
Passed and approved this 19day of October, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Council Member Lynch moved that the form of Tax Certificate be placed on file and
approved. Council Member Voetberg seconded the motion. The roll was called and the vote
was, Ayes: Braig, Buol, Connors, Jones, Lynch, Resnick, Voetberg; Nays: None.
Council Member Lynch moved that the form of Continuing Disclosure Certificate be placed
on file and approved. Council Member Voetberg seconded the motion. The roll was called and
the vote was, Ayes: Braig, Buol, Connors, Jones, Lynch, Resnick, Voetberg; Nays: None.
Council Member Lynch introduced the following Resolution Council Member Voetberg
seconded the motion to adopt, and the roll being called thereon, the vote was as follows: Ayes:
Braig, Buol, Connors, Jones, Lynch, Resnick, Voetberg; Nays: None.
RESOLUTION NO. 410-09
AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,935,000 GENERAL
OBLIGATION BONDS, SERIES 2009A (TAXABLE BUILD AMERICA BONDS), AND
LEVYING A TAX TO PAY SAID BONDS
WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the
laws and Constitution of the State of Iowa; and
WHEREAS, the Issuer is in need of funds to pay costs of the acquisition of sewer pipeline
inspection equipment; the inspection and certification of the flood control levee system; the
construction and installation of storm water management facilities, including the Bee Branch
Creek Restoration Project, and the reconstruction of storm sewers; the acquisition and
replacement of street lights; the acquisition and installation of fiber optic conduit in connection
with street improvements and watermain extensions; the repair and improvement of the
Dubuque Regional Airport, including hanger heater and terminal boiler replacements, runway
and hanger painting, hanger repairs and replacements and parking area paving; the
acquisition and replacement of Fire Department ladder and pumper trucks and ambulances;
and water utility improvements including the construction and installation of watermain
extensions, ADA improvements, back-up power supply and water consumption studies and
engineering, essential corporate purposes, and it is deemed necessary and advisable that
General Obligation Bonds, Series 2009A, to the amount of not to exceed $3,000,000 be issued
for said purpose; and
WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this
Council has held a public meeting and hearing upon the proposal to institute proceedings for
the issuance of said Bonds, and the Council is therefore now authorized to proceed with the
issuance of such Bonds; and
WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above
mentioned Bonds in the aggregate principal amount of $2,935,000 were heretofore sold at
public sale and action should now be taken to issue said Bonds conforming to the terms and
conditions of the best bid received at the advertised public sale:
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by necessary implication requires otherwise:
?
"Authorized Denominations" shall mean $5,000 or any integral multiple thereof.
?
"Beneficial Owner" shall mean the person in whose name such Bond is recorded as
the beneficial owner of a Bond by a Participant on the records of such Participant or such
person's subrogee.
?
"Bond Fund" shall mean the fund created in Section 3 of this Resolution.
?
"Bonds" shall mean $2,935,000 General Obligation Bonds, Series 2009A (Taxable
Build America Bonds), authorized to be issued by this Resolution.
?
"Build America Bonds" shall mean the Bonds as authorized by Sections 54AA and
6431 of the Code.
?
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor
nominee of DTC with respect to the Bonds.
?
"Code" shall mean the Internal Revenue Code of 1986 and the Regulations
thereunder and including the American Recovery and Reinvestment Act of 2009 and such
guidance with respect thereto as may be issued by the Internal Revenue Service or
Department of the Treasury from time to time.
?
"Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure
Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds,
as originally executed and as it may be amended from time to time in accordance with the
terms thereof.
?
"Depository Bonds" shall mean the Bonds as issued in the form of one global
certificate for each maturity, registered in the Registration Books maintained by the
Registrar in the name of DTC or its nominee.
?
"DTC" shall mean The Depository Trust Company, New York, New York, a limited
purpose trust company, or any successor book-entry securities depository appointed for the
Bonds.
?
"Issuer" and "City" shall mean the City of Dubuque, Iowa.
?
"Participants" shall mean those broker-dealers, banks and other financial institutions
for which DTC holds Bonds as securities depository.
?
"Paying Agent" shall mean Wells Fargo Bank, National Association, or such successor
as may be approved by Issuer as provided herein and who shall carry out the duties
prescribed herein as Issuer's agent to provide for the payment of principal of and interest on
the Bonds as the same shall become due.
?
"Project Fund" shall mean the fund required to be established by this Resolution for
the deposit of the proceeds of the Bonds.
?
"Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax
Certificate.
?
"Registrar" shall mean Wells Fargo Bank, National Association of Des Moines, Iowa,
or such successor as may be approved by Issuer as provided herein and who shall carry out
the duties prescribed herein with respect to maintaining a register of the owners of the
Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the
Bonds.
?
"Representation Letter" shall mean the Blanket Issuer Letter of Representations
executed and delivered by the Issuer to DTC on file with DTC.
?
"Resolution" shall mean this resolution authorizing the Bonds.
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?
"Subsidy Payments" shall mean all payments received by the Issuer as a result of the
Issuer’s election to designate the Bonds as Build America Bonds.
?
"Tax Certificate" shall mean the Tax Certificate executed by the Treasurer and
delivered at the time of issuance and delivery of the Bonds.
?
"Treasurer" shall mean the Finance Director or such other officer as shall succeed to
the same duties and responsibilities with respect to the recording and payment of the Bonds
issued hereunder.
Section 2. Levy and Certification of Annual Tax; Other Funds to be Used.
(a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal
and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each
future year the following direct annual tax on all of the taxable property in Dubuque, Iowa,
to-wit:
FISCAL YEAR
AMOUNT* (JULY 1 TO JUNE 30)
YEAR OF COLLECTION
$73,119* 2009/2010
$250,960 2010/2011
$253,680 2011/2012
$255,930 2012/2013
$252,420 2013/2014
$248,260 2014/2015
$248,450 2015/2016
$248,320 2016/2017
$242,720 2017/2018
$236,700 2018/2019
$235,400 2019/2020
$233,585 2020/2021
$236,385 2021/2022
$233,545 2022/2023
$235,295 2023/2024
$226,370 2024/2025
$227,270 2025/2026
$222,465 2026/2027
$217,205 2027/2028
$216,480 2028/2029
* Capitalized interest will be used together with available City funds to pay the principal and
interest of the Bonds coming due in 2009/2010.
(NOTE: For example the levy to be made and certified against the taxable valuations of
January 1, 2008 will be collected during the fiscal year commencing July 1, 2009.)
(b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be
filed with the County Auditor of Dubuque County, State of Iowa, and said Auditor is hereby
instructed in and for each of the years as provided, to levy and assess the tax hereby
authorized in Section 2 of this Resolution, in like manner as other taxes are levied and
assessed, and such taxes so levied in and for each of the years aforesaid be collected in like
manner as other taxes of the City are collected, and when collected be used for the purpose of
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paying principal and interest on said Bonds issued in anticipation of said tax, and for no other
purpose whatsoever.
(c) Additional City Funds Available. Principal and interest coming due at any time when the
proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when
due from current funds of the City available for that purpose and reimbursement shall be made
from such special fund in the amounts thus advanced.
(d) Subsidy Fund. All Subsidy Payments received by the Issuer shall be deposited in the
Subsidy Fund, a sub-fund within the Bond Fund, which is hereby established by the Issuer.
The Issuer shall apply all funds in the Bond Fund as provided in the Tax Certificate, and shall
adjust the levies set forth in Section 2(a) above to the extent that Subsidy Funds are available
to pay principal and interest on the Bonds.
Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the
same manner as, and in addition to, all other taxes in and for the City, and when collected they
shall be converted into a special fund within the Debt Service Fund to be known as the
"GENERAL OBLIGATION BOND FUND 2009A" (the "Bond Fund"), which is hereby pledged
for and shall be used only for the payment of the principal of and interest on the Bonds
hereinafter authorized to be issued; and also there shall be apportioned to said fund its
proportion of taxes received by the City from property that is centrally assessed by the State of
Iowa, and all Subsidy Payments received in connection with the Bonds.
Section 4. Application of Bond Proceeds – Project Fund. Proceeds of the Bonds shall be
applied as follows:
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An amount equal to $55,613 shall be credited to the Costs of Issuance Fund which is
hereby created and expended for the costs of issuance of the Bonds including, but not limited
to, underwriting discount, accounting and legal fees, printing costs, Trustee, Registrar, Paying
Agent and rating agency fees and expenses, and other fees relating to the issuance of the
Bonds. In no event shall an amount in excess of two percent (2%) of the sale proceeds of the
Bonds be used to pay costs of issuance.
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An amount equal to $47,040 shall be credited to the Bond Fund as pre-construction
capitalized interest and used to pay a portion of the interest coming due on the Bonds on June
1, 2010.
?
An amount equal to $2,836,515 shall be credited to the Project Fund which is hereby
created, and shall be expended only for capital expenditures as defined in the Code.
Any amounts on hand in the Project Fund shall be available for the payment of the principal
of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in
which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any
balance on hand in the Project Fund and not immediately required for its purposes may be
invested not inconsistent with limitations provided by law or this Resolution.
Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund,
provided for by Section 3 of this Resolution shall be invested in investments permitted by
Chapter 12B, Code of Iowa, 2009 (formerly Chapter 452, Code of Iowa, as amended) or
deposited in financial institutions which are members of the Federal Deposit Insurance
Corporation and the deposits in which are insured thereby and all such deposits exceeding the
maximum amount insured from time to time by FDIC or its equivalent successor in any one
financial institution shall be continuously secured in compliance with the State Sinking Fund
provided under Chapter 12C of the Code of Iowa, 2009, as amended or otherwise by a valid
pledge of direct obligations of the United States Government having an equivalent market
value. All such interim investments shall mature before the date on which the moneys are
required for payment of principal of or interest on the Bonds as herein provided.
Section 6. Bond Details, Execution and Redemption.
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(a) Bond Details. General Obligation Bonds of the City in the amount of $2,935,000, shall be
issued pursuant to the provisions of Section 384.25 of the City Code of Iowa for the aforesaid
purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND, SERIES 2009A
(TAXABLE BUILD AMERICA BONDS)", be dated the date of delivery, and bear interest from
the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable
on June 1, 2010, and semiannually thereafter on the 1st day of June and December in each
year until maturity at the rates hereinafter provided.
The Bonds shall be executed by the manual or facsimile signature of the Mayor and
attested by the manual or facsimile signature of the Clerk, and impressed or printed with the
seal of the City and shall be fully registered as to both principal and interest as provided in this
Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying
Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the
denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as
follows:
Principal Interest Maturity
Amount Rate June 1st
$120,000 1.900% 2011
$125,000 2.200% 2012
$130,000 2.700% 2013
$130,000 3.200% 2014
$130,000 3.700% 2015
$135,000 3.800% 2016
$140,000 4.000% 2017
$140,000 4.300% 2018
$140,000 4.500% 2019
$145,000 4.700% 2020
$150,000 4.800% 2021
$160,000 4.900% 2022
$165,000 5.000% 2023
$175,000 5.100% 2024
$175,000 5.200% 2025
$185,000 5.300% 2026
$190,000 5.400% 2027
$195,000 5.500% 2028
$205,000 5.600% 2029
(b) Redemption. Bonds maturing after June 1, 2017 may be called for redemption by the
Issuer and paid before maturity on said date or any date thereafter, from any funds regardless
of source, in whole or from time to time in part, in any order of maturity and within an annual
maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call.
Thirty days' notice of redemption shall be given by first class mail to the registered owner of
the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any
defect therein shall not affect the validity of any proceedings for the redemption of the Bonds.
All bonds or portions thereof called for redemption will cease to bear interest after the specified
redemption date, provided funds for their redemption are on deposit at the place of payment.
If selection by lot within a maturity is required, the Registrar shall designate the bonds to be
redeemed by random selection of the names of the registered owners of the entire annual
maturity until the total amount of bonds to be called has been reached.
Section 7. Issuance of Bonds in Book-Entry Form; Replacement Bonds.
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(a) Notwithstanding the other provisions of this Resolution regarding registration, ownership,
transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the
exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be
issued as Depository Bonds in denominations of the entire principal amount of each maturity of
Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the
prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co.,
as nominee of DTC. Payment of semi-annual interest for any Depository Bond shall be made
by wire transfer or New York Clearing House or equivalent next day funds to the account of
Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant
to the Representation Letter.
(b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have
any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting
the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any
responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee
or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any
Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any
notice with respect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or
any other person, other than DTC or its nominee, of any amount with respect to the principal
of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any
information or notification on behalf of any Participant or Beneficial Owner.
The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its
nominee to be, the absolute owner of each Bond for the purpose of payment of the principal of,
premium, if any, and interest on such Bond, for the purpose of all other matters with respect to
such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other
purposes whatsoever (except for the giving of certain Bond holder consents, in accordance
with the practices and procedures of DTC as may be applicable thereto). The Paying Agent
shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of
the Bondholders as shown on the Registration Books, and all such payments shall be valid
and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal
of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the
provisions of this Resolution to the contrary (including without limitation those provisions
relating to the surrender of Bonds, registration thereof, and issuance in Authorized
Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the
Representation Letter and the procedures and practices of DTC thereunder, and the Paying
Agent shall comply therewith.
(c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its
functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that the
Bonds are no longer eligible for its depository services or (iii) a determination by the Paying
Agent that DTC has resigned or discontinued its services for the Bonds, if such substitution is
authorized by law, the Issuer shall (A) designate a satisfactory substitute depository as set
forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of
Depository Bonds for replacement Bonds in Authorized Denominations.
(d) To the extent authorized by law, if the Issuer determines to provide for the exchange of
Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying
Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be
so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for
such exchange, and to the extent that the Beneficial Owners are designated as the transferee
by the owners, the Bonds will be delivered in appropriate form, content and Authorized
Denominations to the Beneficial Owners, as their interests appear.
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(e) Any substitute depository shall be designated in writing by the Issuer to the Paying
Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as
provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute
depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and
transfer of interests in Depository Bonds by book entries made on records of the depository or
its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in
accordance with and as such interests may appear with respect to such book entries.
Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery;
and Cancellation.
(a) Registration. The ownership of Bonds may be transferred only by the making of an entry
upon the books kept for the registration and transfer of ownership of the Bonds, and in no
other way. Wells Fargo Bank, National Association is hereby appointed as Bond Registrar
under the terms of this Resolution and under the provisions of a separate agreement with the
Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the
books of the Issuer for the registration of ownership of the Bonds for the payment of principal
of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as
provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa,
subject to the provisions for registration and transfer contained in the Bonds and in this
Resolution.
(b) Transfer. The ownership of any Bond may be transferred only upon the Registration
Books kept for the registration and transfer of Bonds and only upon surrender thereof at the
office of the Registrar together with an assignment duly executed by the holder or his duly
authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the
address and social security number or federal employer identification number of such
transferee (or, if registration is to be made in the name of multiple individuals, of all such
transferees). In the event that the address of the registered owner of a Bond (other than a
registered owner which is the nominee of the broker or dealer in question) is that of a broker or
dealer, there must be disclosed on the Registration Books the information pertaining to the
registered owner required above. Upon the transfer of any such Bond, a new fully registered
Bond, of any denomination or denominations permitted by this Resolution in aggregate
principal amount equal to the unmatured and unredeemed principal amount of such transferred
fully registered Bond, and bearing interest at the same rate and maturing on the same date or
dates shall be delivered by the Registrar.
(c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar
shall register, at the earliest practicable time, on the Registration Books, the Bonds, in
accordance with the provisions of this Resolution.
(d) Ownership. As to any Bond, the person in whose name the ownership of the same shall
be registered on the Registration Books of the Registrar shall be deemed and regarded as the
absolute owner thereof for all purposes, and payment of or on account of the principal of any
such Bonds and the premium, if any, and interest thereon shall be made only to or upon the
order of the registered owner thereof or his legal representative. All such payments shall be
valid and effectual to satisfy and discharge the liability upon such Bond, including the interest
thereon, to the extent of the sum or sums so paid.
(e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be
cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed
and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided
that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer.
(f) Non-Presentment of Bonds. In the event any payment check representing payment of
principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not
16
presented for payment of principal at the maturity or redemption date, if funds sufficient to pay
such principal of or interest on Bonds shall have been made available to the Paying Agent for
the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest
or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and
thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for
interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted
exclusively to such funds for any claim of whatever nature on his part under this Resolution or
on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds
shall continue for a period equal to two years and six months following the date on which such
interest or principal became due, whether at maturity, or at the date fixed for redemption
thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so
held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest
or Bonds of whatever nature shall be made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's
expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in
lesser denominations (but not less than the minimum denomination) to an owner who so
requests.
Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any
outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the
request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond
so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to
Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond
destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar
and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof,
and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with
such other reasonable regulations as the Issuer or its agent may prescribe and paying such
expenses as the Issuer may incur in connection therewith.
Section 10. Record Date. Payments of principal and interest, otherwise than upon full
redemption, made in respect of any Bond, shall be made to the registered holder thereof or to
their designated agent as the same appear on the books of the Registrar on the 15th day
preceding the payment date. All such payments shall fully discharge the obligations of the
Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal
shall only be made upon surrender of the Bond to the Paying Agent.
Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this
Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who
shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond
shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder
unless the Registrar shall duly endorse and execute on such Bond a Certificate of
Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon
any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so
authenticated has been duly issued under this Resolution and that the holder thereof is entitled
to the benefits of this Resolution.
No Bonds shall be authenticated and delivered by the Registrar unless and until there shall
have been provided the following:
1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds;
2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication
and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase
price as set forth therein;
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3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity
and legality of all the Bonds proposed to be issued.
Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to
name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to
each registered bondholder.
Section 13. Form of Bond. Bonds shall be printed in substantial compliance with standards
proposed by the American Standards Institute substantially in the form as [provided].
Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a contract
between said City and the purchaser of the Bonds.
Section 15. Non-Arbitrage Covenants. The Issuer reasonably expects and covenants that
no use will be made of the proceeds from the issuance and sale of the Bonds issued
hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the
meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as
amended, and that throughout the term of the Bonds it will comply with the requirements of
statutes and regulations issued thereunder.
To the best knowledge and belief of the Issuer, there are no facts or circumstances that
would materially change the foregoing statements or the conclusion that it is not expected that
the proceeds of the Bonds will be used in a manner that would cause the Bonds to be
arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to
comply with the provisions of the Tax Certificate and the provisions of the Tax Certificate are
hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed
to make and insert all calculations and determinations necessary to complete the Tax
Certificate in all respects and to execute and deliver the Tax Certificate at issuance of the
Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date.
Section 16. Build America Bonds – Authorization and Additional Covenants,
Representations and Warranties of Issuer.
(a) The Issuer authorizes and makes an irrevocable election designating the Bonds as
Build America Bonds (Direct Payment), pursuant to Section 54AA(g)(2) of the Code. The
Treasurer is authorized and directed to apply for a refundable direct pay credit as provided in
section 6431 of the Code and to complete the form of Tax Certificate to be placed on file and
which is hereby approved. The Treasurer or authorized designee is authorized and directed to
prepare and file IRS Form 8038-CP no earlier than 90 days and not later than 45 days prior to
each of the interest payment dates for the Bonds.
(b) The Issuer covenants that one hundred percent of the available Project Proceeds, as
defined in the Code, are to be used for "capital expenditures", as defined in the Code.
Proceeds will not be used to reimburse capital expenditures incurred or expended prior to
September 11, 2009, except for those projects described in Resolution No. 314-09, approved
September 8, 2009.
(c) To the best knowledge and belief of the Issuer, (i) interest on the Bonds would be
excludable from gross income under section 103 of the Code, but for the election to designate
and issue the Bonds as Build America Bonds, and (ii) there are no facts or circumstances that
would materially change the foregoing statements or the conclusion that it is not expected that
the proceeds of the Bonds will be used in a manner that would cause the Bonds to be
arbitrage bonds. The execution and delivery by the Mayor, Clerk, Treasurer or other authorized
officer, acting on behalf of the City of any documents, instruments, certifications and opinions,
or the doing by them of any act in connection with any of the matters which are the subject of
this Resolution shall constitute conclusive evidence of approval of the terms, provisions and
contents thereof and all changes, modifications, amendments, revisions and alterations made
therein and shall conclusively establish their absolute, unconditional and irrevocable authority
18
with respect thereto and the authorization, approval and ratification of the documents,
instructions, certifications and opinions so executed in the actions taken.
Section 17. Continuing Disclosure. The Issuer hereby covenants and agrees that it will
comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the
provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as
part of this Resolution and made a part hereof. Notwithstanding any other provision of this
Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not
be considered an event of default under this Resolution; however, any holder of the Bonds or
Beneficial Owner may take such actions as may be necessary and appropriate, including
seeking specific performance by court order, to cause the Issuer to comply with its obligations
under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner"
means any person which (a) has the power, directly or indirectly, to vote or consent with
respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through
nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for
federal income tax purposes.
Section 18. Additional Covenants, Representations and Warranties of the Issuer. The Issuer
certifies and covenants with the purchasers and holders of the Bonds from time to time
outstanding that the Issuer through its officers, (a) will make such further specific covenants,
representations and assurances as may be necessary or advisable; (b) comply with all
representations, covenants and assurances contained in the Tax Certificate, which Tax
Certificate shall constitute a part of the contract between the Issuer and the owners of the
Bonds;(c) consult with bond counsel (as defined in the Tax Certificate); (d) pay to the United
States, as necessary, such sums of money representing required rebates of excess arbitrage
profits relating to the Bonds;(e) file such forms, statements and supporting documents as may
be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to
employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the
Issuer in such compliance.
Section 19. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be
amended without the consent of any owner of the Bonds if, in the opinion of bond counsel,
such amendment is necessary to maintain the Bonds as Build America Bonds under the Code
and applicable Federal law or regulations.
Section 20. Severability Clause. If any section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall not affect any of the remaining provisions
hereof, and this Resolution shall become effective immediately upon its passage and approval.
Section 21. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and
resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed.
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Passed and approved this 19 day of October, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
General Obligation Urban Renewal Bonds – Series 2009B: City Manager recommending
approval of suggested proceedings to complete the action required for the issuance of not to
exceed $11,175,000 General Obligation Urban Renewal Bonds – Series 2009B. Upon motion
the documents were received and filed and Resolution No. 411-09 Appointing Wells Fargo
Bank, National Association of Des Moines, Iowa, to serve as paying agent, bond registrar, and
transfer agent, approving the paying agent and bond registrar and transfer agent agreement
and authorizing the execution of the agreement; and Resolution No. 412-09 Authorizing and
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providing for the issuance of $11,175,000 General Obligation Urban Renewal Bonds, Series
2009B and levying a tax to pay said bonds were adopted.
Council Member Lynch introduced the following resolution and moved that the resolution be
adopted. Council Member Voetberg seconded the motion to adopt. The roll was called and the
vote was, Ayes: Braig, Buol, Connors, Jones, Lynch, Resnick, Voetberg; Nays: None.
RESOLUTION NO. 411-09
APPOINTING WELLS FARGO BANK, NATIONAL ASSOCIATION OF DES MOINES, IOWA,
TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT,
APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT
AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT
WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, $11,175,000
General Obligation Urban Renewal Bonds, Series 2009B (Taxable Build America Bonds),
dated the date of delivery, have been sold at public sale and action should now be taken to
provide for the maintenance of records, registration of certificates and payment of principal and
interest in connection with the issuance of the Bonds; and
WHEREAS, this Council has deemed that the services offered by Wells Fargo Bank,
National Association of Des Moines, Iowa, are necessary for compliance with rules,
regulations, and requirements governing the registration, transfer and payment of registered
Bonds; and
WHEREAS, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter
"Agreement") has been prepared to be entered into between the City and Wells Fargo Bank,
National Association.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA:
Section 1. That Wells Fargo Bank, National Association of Des Moines, Iowa, is hereby
appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the
issuance of $11,175,000 General Obligation Urban Renewal Bonds, Series 2009B (Taxable
Build America Bonds), dated the date of delivery.
Section 2. That the Agreement with Wells Fargo Bank, National Association of Des Moines,
Iowa, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement
on behalf of the City.
Passed and approved this 19th day of October, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Council Member Lynch moved that the form of Tax Certificate be placed on file and
approved. Council Member Voetberg seconded the motion. The roll was called and the vote
was, Ayes: Braig, Buol, Connors, Jones, Lynch, Resnick, Voetberg; Nays: None.
Council Member Lynch moved that the form of Continuing Disclosure Certificate be placed
on file and approved. Council Member Voetberg seconded the motion. The roll was called and
the vote was, Ayes: Braig, Buol, Connors, Jones, Lynch, Resnick, Voetberg; Nays: None.
Council Member Lynch introduced the following Resolution and moved that it be adopted.
Council Member Voetberg seconded the motion to adopt, and the roll being called thereon, the
vote was as follows: Ayes: Braig, Buol, Connors, Jones, Lynch, Resnick, Voetberg; Nays:
None.
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RESOLUTION NO. 412-09
AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $11,175,000 GENERAL
OBLIGATION URBAN RENEWAL BONDS, SERIES 2009B, (TAXABLE BUILD AMERICA
BONDS), AND LEVYING A TAX TO PAY SAID BONDS
WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the
laws and Constitution of the State of Iowa; and
WHEREAS, the Issuer is in need of funds to pay costs of aiding in the planning, undertaking
and carrying out of urban renewal project activities under the authority of Chapter 403 of the
Code of Iowa and the Amended and Restated Urban Renewal Plans for the Greater Downtown
Urban Renewal District and the Dubuque Industrial Center West Economic Development
District, including those costs associated with the construction of a multi-story public parking
ramp located at 5th and Bluff Streets, and the construction of street, sewer, sidewalk, trail and
other public infrastructure improvements within Dubuque Industrial Center West, and it is
deemed necessary and advisable that the City issue general obligation urban renewal bonds
for said purpose to the amount of not to exceed $13,500,000 as authorized by Sections 403.12
and 384.24(3)(q) of the Code of Iowa; and
WHEREAS, pursuant to notice published as required by Sections 403.12 and 384.24(3)(q)
this Council has held a public meeting and hearing upon the proposal to institute proceedings
for the issuance of the above described Bonds, and no petitions were filed calling for an
election thereon and all objections, if any, to such Council action made by any resident or
property owner of said City were received and considered by the Council; and it is the decision
of the Council that additional action be taken for the issuance of said Bonds, and that such
action is considered to be in the best interests of said City and the residents thereof; and
WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above
mentioned Bonds in the aggregate principal amount of $11,175,000 were heretofore sold at
public sale and action should now be taken to issue said Bonds conforming to the terms and
conditions of the best bid received at the advertised public sale:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by necessary implication requires otherwise:
?
"Authorized Denominations" shall mean $5,000 or any integral multiple thereof.
?
"Beneficial Owner" shall mean the person in whose name such Bond is recorded as the
beneficial owner of a Bond by a Participant on the records of such Participant or such person's
subrogee.
?
"Bond Fund" shall mean the fund created in Section 3 of this Resolution.
?
"Bonds" shall mean $11,175,000 General Obligation Urban Renewal Bonds, Series
2009B (Taxable Build America Bonds), authorized to be issued by this Resolution.
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"Build America Bonds" shall mean the Bonds as authorized by Sections 54AA and 6431
of the Code.
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"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee
of DTC with respect to the Bonds.
?
"Code" shall mean the Internal Revenue Code of 1986 and the Regulations thereunder
and including the American Recovery and Reinvestment Act of 2009 and such guidance with
respect thereto as may be issued by the Internal Revenue Service or Department of the
Treasury from time to time.
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"Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure
Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as
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originally executed and as it may be amended from time to time in accordance with the terms
thereof.
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"Depository Bonds" shall mean the Bonds as issued in the form of one global certificate
for each maturity, registered in the Registration Books maintained by the Registrar in the name
of DTC or its nominee.
?
"DTC" shall mean The Depository Trust Company, New York, New York, a limited
purpose trust company, or any successor book-entry securities depository appointed for the
Bonds.
?
"Issuer" and "City" shall mean the City of Dubuque, Iowa.
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"Participants" shall mean those broker-dealers, banks and other financial institutions for
which DTC holds Bonds as securities depository.
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"Paying Agent" shall mean Wells Fargo Bank, National Association, or such successor
as may be approved by Issuer as provided herein and who shall carry out the duties
prescribed herein as Issuer's agent to provide for the payment of principal of and interest on
the Bonds as the same shall become due.
?
"Project Fund" shall mean the fund required to be established by this Resolution for the
deposit of the proceeds of the Bonds.
?
"Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax
Certificate.
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"Registrar" shall mean Wells Fargo Bank, National Association of Des Moines, Iowa, or
such successor as may be approved by Issuer as provided herein and who shall carry out the
duties prescribed herein with respect to maintaining a register of the owners of the Bonds.
Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds.
?
"Representation Letter" shall mean the Blanket Issuer Letter of Representations
executed and delivered by the Issuer to DTC on file with DTC.
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"Resolution" shall mean this resolution authorizing the Bonds.
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"Subsidy Payments" shall mean all payments received by the Issuer as a result of the
Issuer’s election to designate the Bonds as Build America Bonds.
?
"Tax Certificate" shall mean the Tax Certificate executed by the Treasurer and delivered
at the time of issuance and delivery of the Bonds.
?
"Treasurer" shall mean the Finance Director or such other officer as shall succeed to
the same duties and responsibilities with respect to the recording and payment of the Bonds
issued hereunder.
Section 2. Levy and Certification of Annual Tax; Other Funds to be Used.
(a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and
interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future
year the following direct annual tax on all of the taxable property in Dubuque, Iowa, to-wit:
FISCAL YEAR
AMOUNT* (JULY 1 TO JUNE 30)
YEAR OF COLLECTION
$274,801* 2009/2010
$942,181 2010/2011
$940,431 2011/2012
$940,763 2012/2013
$939,719 2013/2014
$934,875 2014/2015
$934,113 2015/2016
$930,363 2016/2017
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$929,119 2017/2018
$916,381 2018/2019
$916,856 2019/2020
$909,781 2020/2021
$901,756 2021/2022
$891,256 2022/2023
$884,756 2023/2024
$882,006 2024/2025
$871,900 2025/2026
$859,625 2026/2027
$850,119 2027/2028
$844,000 2028/2029
* Capitalized interest will be used together with available City funds to pay the principal and
interest of the Bonds coming due in 2009/2010.
(NOTE: For example the levy to be made and certified against the taxable valuations of
January 1, 2008 will be collected during the fiscal year commencing July 1, 2009.)
(b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be
filed with the County Auditor of Dubuque County, State of Iowa, and said Auditor is hereby
instructed in and for each of the years as provided, to levy and assess the tax hereby
authorized in Section 2 of this Resolution, in like manner as other taxes are levied and
assessed, and such taxes so levied in and for each of the years aforesaid be collected in like
manner as other taxes of the City are collected, and when collected be used for the purpose of
paying principal and interest on said Bonds issued in anticipation of said tax, and for no other
purpose whatsoever.
(c) Additional City Funds Available. Principal and interest coming due at any time when the
proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when
due from current funds of the City available for that purpose and reimbursement shall be made
from such special fund in the amounts thus advanced.
(d) Subsidy Fund. All Subsidy Payments received by the Issuer shall be deposited in the
Subsidy Fund, a sub-fund within the Bond Fund, which is hereby established by the Issuer.
The Issuer shall apply all funds in the Bond Fund as provided in the Tax Certificate, and shall
adjust the levies set forth in Section 2(a) above to the extent that Subsidy Funds are available
to pay principal and interest on the Bonds.
Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the
same manner as, and in addition to, all other taxes in and for the City, and when collected they
shall be converted into a special fund within the Debt Service Fund to be known as the
"GENERAL OBLIGATION BOND FUND 2009B" (the "Bond Fund"), which is hereby pledged
for and shall be used only for the payment of the principal of and interest on the Bonds
hereinafter authorized to be issued; and also there shall be apportioned to said fund its
proportion of taxes received by the City from property that is centrally assessed by the State of
Iowa, and all Subsidy Payments received in connection with the Bonds.
Section 4. Application of Bond Proceeds – Project Fund. Proceeds of the Bonds shall be
applied as follows:
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An amount equal to $143,784 shall be credited to the Costs of Issuance Fund which is
hereby created and expended for the costs of issuance of the Bonds including, but not limited
to, underwriting discount, accounting and legal fees, printing costs, Trustee, Registrar, Paying
Agent and rating agency fees and expenses, and other fees relating to the issuance of the
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Bonds. In no event shall an amount in excess of two percent (2%) of the sale proceeds of the
Bonds be used to pay costs of issuance.
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An amount equal to $179,107 shall be credited to the Bond Fund as pre-construction
capitalized interest and used to pay a portion of the interest coming due on the Bonds on June
1, 2010.
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An amount equal to $10,870,438 shall be credited to the Project Fund which is hereby
created, and shall be expended only for capital expenditures as defined in the Code.
Any amounts on hand in the Project Fund shall be available for the payment of the principal
of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in
which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any
balance on hand in the Project Fund and not immediately required for its purposes may be
invested not inconsistent with limitations provided by law or this Resolution.
Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund,
provided for by Section 3 of this Resolution shall be invested in investments permitted by
Chapter 12B, Code of Iowa, 2009 (formerly Chapter 452, Code of Iowa, as amended) or
deposited in financial institutions which are members of the Federal Deposit Insurance
Corporation and the deposits in which are insured thereby and all such deposits exceeding the
maximum amount insured from time to time by FDIC or its equivalent successor in any one
financial institution shall be continuously secured in compliance with the State Sinking Fund
provided under Chapter 12C of the Code of Iowa, 2009, as amended or otherwise by a valid
pledge of direct obligations of the United States Government having an equivalent market
value. All such interim investments shall mature before the date on which the moneys are
required for payment of principal of or interest on the Bonds as herein provided.
Section 6. Bond Details, Execution and Redemption.
(a) Bond Details. General Obligation Urban Renewal Bonds of the City in the amount of
$11,175,000, shall be issued pursuant to the provisions of Section 403.12 of the Code of
Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION
URBAN RENEWAL BOND, SERIES 2009B (TAXABLE BUILD AMERICA BONDS)", be
dated the date of delivery, and bear interest from the date thereof, until payment thereof, at
the office of the Paying Agent, said interest payable on June 1, 2010, and semiannually
thereafter on the 1st day of June and December in each year until maturity at the rates
hereinafter provided.
The Bonds shall be executed by the manual or facsimile signature of the Mayor and
attested by the manual or facsimile signature of the Clerk, and impressed or printed with the
seal of the City and shall be fully registered as to both principal and interest as provided in this
Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying
Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the
denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as
follows:
Principal Interest Maturity
Amount Rate June 1st
$450,000 1.500% 2011
$455,000 2.125% 2012
$465,000 2.375% 2013
$475,000 3.125% 2014
$485,000 3.250% 2015
$500,000 3.750% 2016
$515,000 4.125% 2017
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$535,000 4.250% 2018
$545,000 4.500% 2019
$570,000 4.750% 2020
$590,000 4.750% 2021
$610,000 5.000% 2022
$630,000 5.000% 2023
$655,000 5.000% 2024
$685,000 5.125% 2025
$710,000 5.250% 2026
$735,000 5.375% 2027
$765,000 5.375% 2028
$800,000 5.500% 2029
(b) Redemption. Bonds maturing after June 1, 2017 may be called for redemption by the
Issuer and paid before maturity on said date or any date thereafter, from any funds regardless
of source, in whole or from time to time in part, in any order of maturity and within an annual
maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call.
Thirty days' notice of redemption shall be given by first class mail to the registered owner of
the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any
defect therein shall not affect the validity of any proceedings for the redemption of the Bonds.
All bonds or portions thereof called for redemption will cease to bear interest after the specified
redemption date, provided funds for their redemption are on deposit at the place of payment.
If selection by lot within a maturity is required, the Registrar shall designate the bonds to be
redeemed by random selection of the names of the registered owners of the entire annual
maturity until the total amount of bonds to be called has been reached.
Section 7. Issuance of Bonds in Book-Entry Form; Replacement Bonds.
(a) Notwithstanding the other provisions of this Resolution regarding registration, ownership,
transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the
exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be
issued as Depository Bonds in denominations of the entire principal amount of each maturity of
Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the
prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co.,
as nominee of DTC. Payment of semi-annual interest for any Depository Bond shall be made
by wire transfer or New York Clearing House or equivalent next day funds to the account of
Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant
to the Representation Letter.
(b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have
any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting
the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any
responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee
or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any
Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any
notice with respect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or
any other person, other than DTC or its nominee, of any amount with respect to the principal
of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any
information or notification on behalf of any Participant or Beneficial Owner.
The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its
nominee to be, the absolute owner of each Bond for the purpose of payment of the principal of,
premium, if any, and interest on such Bond, for the purpose of all other matters with respect to
25
such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other
purposes whatsoever (except for the giving of certain Bond holder consents, in accordance
with the practices and procedures of DTC as may be applicable thereto). The Paying Agent
shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of
the Bondholders as shown on the Registration Books, and all such payments shall be valid
and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal
of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the
provisions of this Resolution to the contrary (including without limitation those provisions
relating to the surrender of Bonds, registration thereof, and issuance in Authorized
Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the
Representation Letter and the procedures and practices of DTC thereunder, and the Paying
Agent shall comply therewith.
(c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its
functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that the
Bonds are no longer eligible for its depository services or (iii) a determination by the Paying
Agent that DTC has resigned or discontinued its services for the Bonds, if such substitution is
authorized by law, the Issuer shall (A) designate a satisfactory substitute depository as set
forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of
Depository Bonds for replacement Bonds in Authorized Denominations.
(d) To the extent authorized by law, if the Issuer determines to provide for the exchange of
Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying
Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be
so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for
such exchange, and to the extent that the Beneficial Owners are designated as the transferee
by the owners, the Bonds will be delivered in appropriate form, content and Authorized
Denominations to the Beneficial Owners, as their interests appear.
(e) Any substitute depository shall be designated in writing by the Issuer to the Paying
Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as
provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute
depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and
transfer of interests in Depository Bonds by book entries made on records of the depository or
its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in
accordance with and as such interests may appear with respect to such book entries.
Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery;
and Cancellation.
(a) Registration. The ownership of Bonds may be transferred only by the making of an entry
upon the books kept for the registration and transfer of ownership of the Bonds, and in no
other way. Wells Fargo Bank, National Association is hereby appointed as Bond Registrar
under the terms of this Resolution and under the provisions of a separate agreement with the
Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the
books of the Issuer for the registration of ownership of the Bonds for the payment of principal
of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as
provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa,
subject to the provisions for registration and transfer contained in the Bonds and in this
Resolution.
(b) Transfer. The ownership of any Bond may be transferred only upon the Registration
Books kept for the registration and transfer of Bonds and only upon surrender thereof at the
office of the Registrar together with an assignment duly executed by the holder or his duly
authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the
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address and social security number or federal employer identification number of such
transferee (or, if registration is to be made in the name of multiple individuals, of all such
transferees). In the event that the address of the registered owner of a Bond (other than a
registered owner which is the nominee of the broker or dealer in question) is that of a broker or
dealer, there must be disclosed on the Registration Books the information pertaining to the
registered owner required above. Upon the transfer of any such Bond, a new fully registered
Bond, of any denomination or denominations permitted by this Resolution in aggregate
principal amount equal to the unmatured and unredeemed principal amount of such transferred
fully registered Bond, and bearing interest at the same rate and maturing on the same date or
dates shall be delivered by the Registrar.
(c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar
shall register, at the earliest practicable time, on the Registration Books, the Bonds, in
accordance with the provisions of this Resolution.
(d) Ownership. As to any Bond, the person in whose name the ownership of the same shall
be registered on the Registration Books of the Registrar shall be deemed and regarded as the
absolute owner thereof for all purposes, and payment of or on account of the principal of any
such Bonds and the premium, if any, and interest thereon shall be made only to or upon the
order of the registered owner thereof or his legal representative. All such payments shall be
valid and effectual to satisfy and discharge the liability upon such Bond, including the interest
thereon, to the extent of the sum or sums so paid.
(e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be
cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed
and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided
that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer.
(f) Non-Presentment of Bonds. In the event any payment check representing payment of
principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not
presented for payment of principal at the maturity or redemption date, if funds sufficient to pay
such principal of or interest on Bonds shall have been made available to the Paying Agent for
the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest
or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and
thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for
interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted
exclusively to such funds for any claim of whatever nature on his part under this Resolution or
on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds
shall continue for a period equal to two years and six months following the date on which such
interest or principal became due, whether at maturity, or at the date fixed for redemption
thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so
held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest
or Bonds of whatever nature shall be made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's
expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in
lesser denominations (but not less than the minimum denomination) to an owner who so
requests.
Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any
outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the
request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond
so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to
Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond
destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar
27
and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof,
and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with
such other reasonable regulations as the Issuer or its agent may prescribe and paying such
expenses as the Issuer may incur in connection therewith.
Section 10. Record Date. Payments of principal and interest, otherwise than upon full
redemption, made in respect of any Bond, shall be made to the registered holder thereof or to
their designated agent as the same appear on the books of the Registrar on the 15th day
preceding the payment date. All such payments shall fully discharge the obligations of the
Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal
shall only be made upon surrender of the Bond to the Paying Agent.
Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this
Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who
shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond
shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder
unless the Registrar shall duly endorse and execute on such Bond a Certificate of
Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon
any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so
authenticated has been duly issued under this Resolution and that the holder thereof is entitled
to the benefits of this Resolution.
No Bonds shall be authenticated and delivered by the Registrar unless and until there shall
have been provided the following:
1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds;
2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication
and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase
price as set forth therein;
3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity
and legality of all the Bonds proposed to be issued.
Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to
name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to
each registered bondholder.
Section 13. Form of Bond. Bonds shall be printed in substantial compliance with standards
proposed by the American Standards Institute substantially in the form as [provided].
Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a contract
between said City and the purchaser of the Bonds.
Section 15. Non-Arbitrage Covenants. The Issuer reasonably expects and covenants that
no use will be made of the proceeds from the issuance and sale of the Bonds issued
hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the
meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as
amended, and that throughout the term of the Bonds it will comply with the requirements of
statutes and regulations issued thereunder.
To the best knowledge and belief of the Issuer, there are no facts or circumstances that
would materially change the foregoing statements or the conclusion that it is not expected that
the proceeds of the Bonds will be used in a manner that would cause the Bonds to be
arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to
comply with the provisions of the Tax Certificate and the provisions of the Tax Certificate are
hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed
to make and insert all calculations and determinations necessary to complete the Tax
Certificate in all respects and to execute and deliver the Tax Certificate at issuance of the
Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date.
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Section 16. Build America Bonds – Authorization and Additional Covenants,
Representations and Warranties of Issuer.
(a) The Issuer authorizes and makes an irrevocable election designating the Bonds as
Build America Bonds (Direct Payment), pursuant to Section 54AA(g)(2) of the Code. The
Treasurer is authorized and directed to apply for a refundable direct pay credit as provided in
section 6431 of the Code and to complete the form of Tax Certificate to be placed on file and
which is hereby approved. The Treasurer or authorized designee is authorized and directed to
prepare and file IRS Form 8038-CP no earlier than 90 days and not later than 45 days prior to
each of the interest payment dates for the Bonds.
(b) The Issuer covenants that one hundred percent of the available Project Proceeds, as
defined in the Code, are to be used for "capital expenditures", as defined in the Code.
Proceeds will not be used to reimburse capital expenditures incurred or expended prior to
September 11, 2009, except for those projects described in Resolution No. 314-09, approved
September 8, 2009.
(c) To the best knowledge and belief of the Issuer, (i) interest on the Bonds would be
excludable from gross income under section 103 of the Code, but for the election to designate
and issue the Bonds as Build America Bonds, and (ii) there are no facts or circumstances that
would materially change the foregoing statements or the conclusion that it is not expected that
the proceeds of the Bonds will be used in a manner that would cause the Bonds to be
arbitrage bonds. The execution and delivery by the Mayor, Clerk, Treasurer or other authorized
officer, acting on behalf of the City of any documents, instruments, certifications and opinions,
or the doing by them of any act in connection with any of the matters which are the subject of
this Resolution shall constitute conclusive evidence of approval of the terms, provisions and
contents thereof and all changes, modifications, amendments, revisions and alterations made
therein and shall conclusively establish their absolute, unconditional and irrevocable authority
with respect thereto and the authorization, approval and ratification of the documents,
instructions, certifications and opinions so executed in the actions taken.
Section 17. Continuing Disclosure. The Issuer hereby covenants and agrees that it will
comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the
provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as
part of this Resolution and made a part hereof. Notwithstanding any other provision of this
Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not
be considered an event of default under this Resolution; however, any holder of the Bonds or
Beneficial Owner may take such actions as may be necessary and appropriate, including
seeking specific performance by court order, to cause the Issuer to comply with its obligations
under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner"
means any person which (a) has the power, directly or indirectly, to vote or consent with
respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through
nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for
federal income tax purposes.
Section 18. Additional Covenants, Representations and Warranties of the Issuer. The Issuer
certifies and covenants with the purchasers and holders of the Bonds from time to time
outstanding that the Issuer through its officers, (a) will make such further specific covenants,
representations and assurances as may be necessary or advisable; (b) comply with all
representations, covenants and assurances contained in the Tax Certificate, which Tax
Certificate shall constitute a part of the contract between the Issuer and the owners of the
Bonds;(c) consult with bond counsel (as defined in the Tax Certificate); (d) pay to the United
States, as necessary, such sums of money representing required rebates of excess arbitrage
profits relating to the Bonds;(e) file such forms, statements and supporting documents as may
29
be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to
employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the
Issuer in such compliance.
Section 19. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be
amended without the consent of any owner of the Bonds if, in the opinion of bond counsel,
such amendment is necessary to maintain the Bonds as Build America Bonds under the Code
and applicable Federal law or regulations.
Section 20. Severability Clause. If any section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall not affect any of the remaining provisions
hereof, and this Resolution shall become effective immediately upon its passage and approval.
Section 21. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and
resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed.
th
Passed and approved this 19 day of October, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
General Obligation Refunding Bonds – Series 2009C: City Manager recommending
approval of suggested proceedings to complete the action required for the issuance of not to
exceed $8,885,000 General Obligation Refunding Bonds – Series 2009C. Upon motion the
documents were received and filed and Resolution No. 413-09 Appointing Wells Fargo Bank,
National Association of Des Moines, Iowa, to serve as paying agent, bond registrar, and
transfer agent, approving the paying agent and bond registrar and transfer agent agreement
and authorizing the execution of the agreement; and Resolution No. 414-09 Authorizing and
providing for the issuance of $8,885,000 General Obligation Refunding Bonds – Series 2009C
and levying a tax to pay said bonds were adopted.
Council Member Lynch introduced the following resolution and moved that the resolution be
adopted. Council Member Voetberg seconded the motion to adopt. The roll was called and the
vote was, Ayes: Braig, Buol, Connors, Jones, Lynch, Resnick, Voetberg; Nays: None.
RESOLUTION NO. 413-09
APPOINTING WELLS FARGO BANK, NATIONAL ASSOCIATION OF DES MOINES, IOWA,
TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT,
APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT
AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT
WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, $8,885,000
General Obligation Refunding Bonds, Series 2009C, dated the date of delivery, have been
sold at public sale and action should now be taken to provide for the maintenance of records,
registration of certificates and payment of principal and interest in connection with the issuance
of the Bonds; and
WHEREAS, this Council has deemed that the services offered by Wells Fargo Bank,
National Association of Des Moines, Iowa, are necessary for compliance with rules,
regulations, and requirements governing the registration, transfer and payment of registered
Bonds; and
WHEREAS, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter
"Agreement") has been prepared to be entered into between the City and Wells Fargo Bank,
National Association.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA:
30
Section 1. That Wells Fargo Bank, National Association of Des Moines, Iowa, is hereby
appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the
issuance of $8,885,000 General Obligation Refunding Bonds, Series 2009C, dated the date of
delivery.
Section 2. That the Agreement with Wells Fargo Bank, National Association of Des Moines,
Iowa, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement
on behalf of the City.
th
Passed and approved this 19 day of October, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Council Member Lynch moved that the form of Tax Exemption Certificate be placed on file
and approved. Council Member Voetberg seconded the motion. The roll was called and the
vote was, Ayes: Braig, Buol, Connors, Jones, Lynch, Resnick, Voetberg; Nays: None.
Council Member Lynch moved that the form of Continuing Disclosure Certificate be placed
on file and approved. Council Member Voetberg seconded the motion. The roll was called and
the vote was, Ayes: Braig, Buol, Connors, Jones, Lynch, Resnick, Voetberg; Nays: None.
Council Member Lynch introduced the following Resolution and moved that it be adopted.
Council Member Voetberg seconded the motion to adopt, and the roll being called thereon, the
vote was as follows: Ayes: Braig, Buol, Connors, Jones, Lynch, Resnick, Voetberg; Nays:
None.
RESOLUTION NO. 414-09
AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $8,885,000 GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2009C, AND LEVYING A TAX TO PAY SAID
BONDS
WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the
laws and Constitution of the State of Iowa; and
WHEREAS, the Issuer is in need of funds to pay costs of refunding and refinancing of
certain City indebtedness, including the General Obligation Bonds, Series 2001, dated
December 15, 2001, and the General Obligation Bonds, Series 2002, dated December 15,
2001, an essential corporate purpose, and it is deemed necessary and advisable that General
Obligation Refunding Bonds, Series 2009C, to the amount of not to exceed $9,500,000 be
authorized for said purpose; and
WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this
Council has held a public meeting and hearing upon the proposal to institute proceedings for
the issuance of the Bonds, and the Council is therefore now authorized to proceed with the
issuance of such Bonds; and
WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above
mentioned Bonds in the aggregate principal amount of $8,885,000 were heretofore sold at
public sale and action should now be taken to issue said Bonds conforming to the terms and
conditions of the best bid received at the advertised public sale:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by necessary implication requires otherwise:
?
"Authorized Denominations" shall mean $5,000 or any integral multiple thereof.
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?
"Beneficial Owner" shall mean the person in whose name such Bond is recorded as the
beneficial owner of a Bond by a Participant on the records of such Participant or such person's
subrogee.
?
"Bond Fund" shall mean the fund created in Section 3 of this Resolution.
?
"Bonds" shall mean $8,885,000 General Obligation Refunding Bonds, Series 2009C,
authorized to be issued by this Resolution.
?
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee
of DTC with respect to the Bonds.
?
"Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure
Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as
originally executed and as it may be amended from time to time in accordance with the terms
thereof.
?
"Depository Bonds" shall mean the Bonds as issued in the form of one global certificate
for each maturity, registered in the Registration Books maintained by the Registrar in the name
of DTC or its nominee.
?
"DTC" shall mean The Depository Trust Company, New York, New York, a limited
purpose trust company, or any successor book-entry securities depository appointed for the
Bonds.
?
"Escrow Fund" shall mean the fund into which the proceeds of the Bonds shall be
deposited, which will be used, together with interest earnings thereon, to pay the principal,
interest and redemption premium, if any, on the Refunded Bonds.
?
"Issuer" and "City" shall mean the City of Dubuque, Iowa.
?
"Participants" shall mean those broker-dealers, banks and other financial institutions for
which DTC holds Bonds as securities depository.
?
"Paying Agent" shall mean Wells Fargo Bank, National Association, or such successor
as may be approved by Issuer as provided herein and who shall carry out the duties
prescribed herein as Issuer's agent to provide for the payment of principal of and interest on
the Bonds as the same shall become due.
?
"Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax
Exemption Certificate.
?
"Refunded Bonds" shall mean $7,325,000 of the General Obligation Bonds, Series
2001, dated December 15, 2001, and $2,080,000 of the General Obligation Bonds, Series
2002, dated December 15, 2001, maturing on and after June 1, 2010.
?
"Registrar" shall mean Wells Fargo Bank, National Association of Des Moines, Iowa, or
such successor as may be approved by Issuer as provided herein and who shall carry out the
duties prescribed herein with respect to maintaining a register of the owners of the Bonds.
Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds.
?
"Representation Letter" shall mean the Blanket Issuer Letter of Representations
executed and delivered by the Issuer to DTC on file with DTC.
?
"Resolution" shall mean this resolution authorizing the Bonds.
?
"Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the
Treasurer and delivered at the time of issuance and delivery of the Bonds.
?
"Treasurer" shall mean the Finance Director or such other officer as shall succeed to
the same duties and responsibilities with respect to the recording and payment of the Bonds
issued hereunder.
Section 2. Levy and Certification of Annual Tax; Other Funds to be Used.
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(a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and
interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future
year the following direct annual tax on all of the taxable property in Dubuque, Iowa, to-wit:
FISCAL YEAR
AMOUNT* (JULY 1 TO JUNE 30)
YEAR OF COLLECTION
$808,240 2009/2010*
$973,525 2010/2011
$964,825 2011/2012
$942,575 2012/2013
$922,025 2013/2014
$921,475 2014/2015
$911,800 2015/2016
$913,000 2016/2017
$913,000 2017/2018
$916,800 2018/2019
$919,200 2019/2020
$915,200 2020/2021
* Previously certified in respect of the Refunded Bonds.
(NOTE: For example the levy to be made and certified against the taxable valuations of
January 1, 2009 will be collected during the fiscal year commencing July 1, 2010.)
(b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be
filed with the County Auditor of Dubuque County, State of Iowa, and said Auditor is hereby
instructed in and for each of the years as provided, to levy and assess the tax hereby
authorized in Section 2 of this Resolution, in like manner as other taxes are levied and
assessed, and such taxes so levied in and for each of the years aforesaid be collected in like
manner as other taxes of the City are collected, and when collected be used for the purpose of
paying principal and interest on said Bonds issued in anticipation of said tax, and for no other
purpose whatsoever.
(c) Additional City Funds Available. Principal and interest coming due at any time when the
proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when
due from current funds of the City available for that purpose and reimbursement shall be made
from such special fund in the amounts thus advanced.
Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the
same manner as, and in addition to, all other taxes in and for the City, and when collected they
shall be converted into a special fund within the Debt Service Fund to be known as the
"GENERAL OBLIGATION REFUNDING BOND FUND 2009C" (the "Bond Fund"), which is
hereby pledged for and shall be used only for the payment of the principal of and interest on
the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund
its proportion of taxes received by the City from property that is centrally assessed by the State
of Iowa.
Section 4. Application of Bond Proceeds. Proceeds of the Bonds shall be credited to the
Escrow Fund and expended therefrom for the purposes of issuance. Any Proceeds invested
shall mature before the date on which the moneys are required for payment of principal and
interest on the Refunded Bonds. Accrued interest, if any, shall be deposited in the Bond Fund.
Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund,
provided for by Section 3 of this Resolution shall be invested in investments permitted by
33
Chapter 12B, Code of Iowa, 2009 (formerly Chapter 452, Code of Iowa, as amended) or
deposited in financial institutions which are members of the Federal Deposit Insurance
Corporation and the deposits in which are insured thereby and all such deposits exceeding the
maximum amount insured from time to time by FDIC or its equivalent successor in any one
financial institution shall be continuously secured in compliance with the State Sinking Fund
provided under Chapter 12C of the Code of Iowa, 2009, as amended or otherwise by a valid
pledge of direct obligations of the United States Government having an equivalent market
value. All such interim investments shall mature before the date on which the moneys are
required for payment of principal of or interest on the Bonds as herein provided.
Section 6. Bond Details, Execution and Redemption.
(a) Bond Details. General Obligation Refunding Bonds of the City in the amount of
$8,885,000, shall be issued pursuant to the provisions of Section 384.25 of the City Code of
Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION
REFUNDING BOND, SERIES 2009C", be dated the date of delivery, and bear interest from
the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable
on June 1, 2010, and semiannually thereafter on the 1st day of June and December in each
year until maturity at the rates hereinafter provided.
The Bonds shall be executed by the manual or facsimile signature of the Mayor and
attested by the manual or facsimile signature of the Clerk, and impressed or printed with the
seal of the City and shall be fully registered as to both principal and interest as provided in this
Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying
Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the
denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as
follows:
Principal Interest Maturity
Amount Rate June 1st
$640,000 2.000% 2010
$685,000 2.000% 2011
$690,000 2.500% 2012
$685,000 3.000% 2013
$685,000 3.000% 2014
$705,000 3.500% 2015
$720,000 4.000% 2016
$750,000 4.000% 2017
$780,000 4.000% 2018
$815,000 4.000% 2019
$850,000 4.000% 2020
$880,000 4.000% 2021
(b) Redemption. Bonds maturing after June 1, 2017 may be called for redemption by the
Issuer and paid before maturity on said date or any date thereafter, from any funds regardless
of source, in whole or from time to time in part, in any order of maturity and within an annual
maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call.
Thirty days' notice of redemption shall be given by first class mail to the registered owner of
the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any
defect therein shall not affect the validity of any proceedings for the redemption of the Bonds.
All bonds or portions thereof called for redemption will cease to bear interest after the specified
redemption date, provided funds for their redemption are on deposit at the place of payment.
34
If selection by lot within a maturity is required, the Registrar shall designate the bonds to be
redeemed by random selection of the names of the registered owners of the entire annual
maturity until the total amount of bonds to be called has been reached.
Section 7. Issuance of Bonds in Book-Entry Form; Replacement Bonds.
(a) Notwithstanding the other provisions of this Resolution regarding registration, ownership,
transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the
exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be
issued as Depository Bonds in denominations of the entire principal amount of each maturity of
Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the
prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co.,
as nominee of DTC. Payment of semi-annual interest for any Depository Bond shall be made
by wire transfer or New York Clearing House or equivalent next day funds to the account of
Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant
to the Representation Letter.
(b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have
any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting
the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any
responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee
or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any
Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any
notice with respect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or
any other person, other than DTC or its nominee, of any amount with respect to the principal
of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any
information or notification on behalf of any Participant or Beneficial Owner.
The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its
nominee to be, the absolute owner of each Bond for the purpose of payment of the principal of,
premium, if any, and interest on such Bond, for the purpose of all other matters with respect to
such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other
purposes whatsoever (except for the giving of certain Bond holder consents, in accordance
with the practices and procedures of DTC as may be applicable thereto). The Paying Agent
shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of
the Bondholders as shown on the Registration Books, and all such payments shall be valid
and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal
of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the
provisions of this Resolution to the contrary (including without limitation those provisions
relating to the surrender of Bonds, registration thereof, and issuance in Authorized
Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the
Representation Letter and the procedures and practices of DTC thereunder, and the Paying
Agent shall comply therewith.
(c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its
functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that the
Bonds are no longer eligible for its depository services or (iii) a determination by the Paying
Agent that DTC has resigned or discontinued its services for the Bonds, if such substitution is
authorized by law, the Issuer shall (A) designate a satisfactory substitute depository as set
forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of
Depository Bonds for replacement Bonds in Authorized Denominations.
(d) To the extent authorized by law, if the Issuer determines to provide for the exchange of
Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying
Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be
35
so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for
such exchange, and to the extent that the Beneficial Owners are designated as the transferee
by the owners, the Bonds will be delivered in appropriate form, content and Authorized
Denominations to the Beneficial Owners, as their interests appear.
(e) Any substitute depository shall be designated in writing by the Issuer to the Paying
Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as
provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute
depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and
transfer of interests in Depository Bonds by book entries made on records of the depository or
its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in
accordance with and as such interests may appear with respect to such book entries.
Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery;
and Cancellation.
(a) Registration. The ownership of Bonds may be transferred only by the making of an entry
upon the books kept for the registration and transfer of ownership of the Bonds, and in no
other way. Wells Fargo Bank, National Association is hereby appointed as Bond Registrar
under the terms of this Resolution and under the provisions of a separate agreement with the
Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the
books of the Issuer for the registration of ownership of the Bonds for the payment of principal
of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as
provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa,
subject to the provisions for registration and transfer contained in the Bonds and in this
Resolution.
(b) Transfer. The ownership of any Bond may be transferred only upon the Registration
Books kept for the registration and transfer of Bonds and only upon surrender thereof at the
office of the Registrar together with an assignment duly executed by the holder or his duly
authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the
address and social security number or federal employer identification number of such
transferee (or, if registration is to be made in the name of multiple individuals, of all such
transferees). In the event that the address of the registered owner of a Bond (other than a
registered owner which is the nominee of the broker or dealer in question) is that of a broker or
dealer, there must be disclosed on the Registration Books the information pertaining to the
registered owner required above. Upon the transfer of any such Bond, a new fully registered
Bond, of any denomination or denominations permitted by this Resolution in aggregate
principal amount equal to the unmatured and unredeemed principal amount of such transferred
fully registered Bond, and bearing interest at the same rate and maturing on the same date or
dates shall be delivered by the Registrar.
(c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar
shall register, at the earliest practicable time, on the Registration Books, the Bonds, in
accordance with the provisions of this Resolution.
(d) Ownership. As to any Bond, the person in whose name the ownership of the same shall
be registered on the Registration Books of the Registrar shall be deemed and regarded as the
absolute owner thereof for all purposes, and payment of or on account of the principal of any
such Bonds and the premium, if any, and interest thereon shall be made only to or upon the
order of the registered owner thereof or his legal representative. All such payments shall be
valid and effectual to satisfy and discharge the liability upon such Bond, including the interest
thereon, to the extent of the sum or sums so paid.
(e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be
cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed
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and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided
that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer.
(f) Non-Presentment of Bonds. In the event any payment check representing payment of
principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not
presented for payment of principal at the maturity or redemption date, if funds sufficient to pay
such principal of or interest on Bonds shall have been made available to the Paying Agent for
the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest
or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and
thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for
interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted
exclusively to such funds for any claim of whatever nature on his part under this Resolution or
on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds
shall continue for a period equal to two years and six months following the date on which such
interest or principal became due, whether at maturity, or at the date fixed for redemption
thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so
held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest
or Bonds of whatever nature shall be made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's
expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in
lesser denominations (but not less than the minimum denomination) to an owner who so
requests.
Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any
outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the
request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond
so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to
Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond
destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar
and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof,
and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with
such other reasonable regulations as the Issuer or its agent may prescribe and paying such
expenses as the Issuer may incur in connection therewith.
Section 10. Record Date. Payments of principal and interest, otherwise than upon full
redemption, made in respect of any Bond, shall be made to the registered holder thereof or to
their designated agent as the same appear on the books of the Registrar on the 15th day
preceding the payment date. All such payments shall fully discharge the obligations of the
Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal
shall only be made upon surrender of the Bond to the Paying Agent.
Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this
Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who
shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond
shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder
unless the Registrar shall duly endorse and execute on such Bond a Certificate of
Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon
any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so
authenticated has been duly issued under this Resolution and that the holder thereof is entitled
to the benefits of this Resolution.
No Bonds shall be authenticated and delivered by the Registrar unless and until there shall
have been provided the following:
1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds;
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2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication
and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase
price as set forth therein;
3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity
and legality of all the Bonds proposed to be issued.
Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to
name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to
each registered bondholder.
Section 13. Form of Bond. Bonds shall be printed in substantial compliance with standards
proposed by the American Standards Institute substantially in the form as [provided].
Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a contract
between said City and the purchaser of the Bonds.
Section 15. Non-Arbitrage Covenants. The Issuer reasonably expects and covenants that
no use will be made of the proceeds from the issuance and sale of the Bonds issued
hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the
meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as
amended, and that throughout the term of the Bonds it will comply with the requirements of
statutes and regulations issued thereunder.
To the best knowledge and belief of the Issuer, there are no facts or circumstances that
would materially change the foregoing statements or the conclusion that it is not expected that
the proceeds of the Bonds will be used in a manner that would cause the Bonds to be
arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to
comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax
Exemption Certificate are hereby incorporated by reference as part of this Resolution. The
Treasurer is hereby directed to make and insert all calculations and determinations necessary
to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax
Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and
covenants of the Issuer at that date.
Section 16. Additional Covenants, Representations and Warranties of the Issuer. The Issuer
certifies and covenants with the purchasers and holders of the Bonds from time to time
outstanding that the Issuer through its officers, (a) will make such further specific covenants,
representations and assurances as may be necessary or advisable; (b) comply with all
representations, covenants and assurances contained in the Tax Exemption Certificate, which
Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the
owners of the Bonds;(c) consult with bond counsel (as defined in the Tax Exemption
Certificate); (d) pay to the United States, as necessary, such sums of money representing
required rebates of excess arbitrage profits relating to the Bonds;(e) file such forms,
statements and supporting documents as may be required and in a timely manner; and (f) if
deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial
advisors, attorneys and other persons to assist the Issuer in such compliance.
Section 17. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be
amended without the consent of any owner of the Bonds if, in the opinion of bond counsel,
such amendment is necessary to maintain tax exemption with respect to the Bonds under
applicable Federal law or regulations.
Section 18. Qualified Tax-Exempt Obligations. For the sole purpose of qualifying the Bonds
as "Qualified Tax-Exempt Obligations" pursuant to the Internal Revenue Code of the United
States, the Issuer designates the Bonds as qualified tax-exempt obligations and represents
that the reasonably anticipated amount of tax-exempt governmental obligations which will be
issued during the current calendar year will not exceed Thirty (30) Million Dollars.
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Section 19. Continuing Disclosure. The Issuer hereby covenants and agrees that it will
comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the
provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as
part of this Resolution and made a part hereof. Notwithstanding any other provision of this
Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not
be considered an event of default under this Resolution; however, any holder of the Bonds or
Beneficial Owner may take such actions as may be necessary and appropriate, including
seeking specific performance by court order, to cause the Issuer to comply with its obligations
under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner"
means any person which (a) has the power, directly or indirectly, to vote or consent with
respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through
nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for
federal income tax purposes.
Section 20. Severability Clause. If any section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall not affect any of the remaining provisions
hereof, and this Resolution shall become effective immediately upon its passage and approval.
Section 21. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and
resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed.
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Passed and approved this 19 day of October, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Purchase of Property – 1925 Washington Street: City Manager recommending approval of
the purchase of a foreclosed home located at 1925 Washington Street. Upon motion the
documents were received and filed and Resolution No. 415-09 Approving the acquisition of
real estate located at 1925 Washington Street in the City of Dubuque was adopted.
RESOLUTION NO. 415– 09
APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 1925 WASHINGTON
STREET, IN THE CITY OF DUBUQUE
WHEREAS, certain properties have been targeted for acquisition, rehabilitation and resale
in the Washington Neighborhood as part of the Revitalize Dubuque: Washington Initiative; and
WHEREAS, the property at 1925 Washington Street, previously jointly-financed through
loans from Dubuque Bank & Trust, and the City of Dubuque, has been foreclosed; and
WHEREAS, an essential part of the revitalization strategy for the neighborhood is to quickly
address vacant properties, deter speculation and absentee ownership, and promote
homeownership.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following legally-
described property:
Lot 6 of Mineral Lot 100 in the City of Dubuque, County of Dubuque, Iowa, according to the
recorded plat thereof, at the cost of Sixty-eight Thousand, one dollar and seven cents ($68
001.07).
Section 2. That the City of Dubuque is hereby authorized to accept a Quit Claim deed from
the owner, conveying the owner’s interest to the City of Dubuque, Iowa, for the herein
described-real estate.
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Section 3. That the City Clerk be and she is hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with
certified copy of the Resolution.
Section 4. That the City Clerk be and she is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
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Passed, approved and adopted this 19 day of October, 2009.
Roy D Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Cell Phone Recommendation: City Manager recommending approval of the selection of US
Cellular / ComElec to provide cellular handsets and services for a 24-month term. Upon motion
the documents were received, filed, and approved.
Project HOPE: Communication from Alyssa Hauser, Project HOPE Coordinator, advising
that the Diversity in the Workplace Committee and Project HOPE have created a Disability
Mentoring Day. Upon motion the documents were received and filed.
Human Rights Commission: Shane J. Oswald submitting his resignation from the Human
Rights Commission. Upon motion the documents were received and filed and the resignation
accepted.
Neighborhood Stabilization Program: City Manager recommending approval of the
Residential Antidisplacement and Relocation Assistance Plan and the Policy on Prohibition of
Use of Excessive Force, according to the requirements of the Neighborhood Stabilization
Program (NSP). Motion by Braig to receive and file the documents and adopt Resolution No.
416-09 Policy on the prohibition of the use of excessive force. Seconded by Jones. Motion
carried 7-0.
RESOLUTION NO. 416-09
POLICY ON THE PROHIBITION OF THE USE OF EXCESSIVE FORCE
WHEREAS, the City of Dubuque has received federal funding through the Community
Development Block Grant (CDBG) program; and,
WHEREAS, Section 519 of the Department of Veteran Affairs and U.S. Department of
Housing and Urban Development, and Independent Agencies Appropriations Act of 1990
requires that all CDBG recipients adopt and enforce a policy to prohibit the use of excessive
force by law enforcement agencies within the recipient’s jurisdiction against any individuals
engaged in non-violent civil rights demonstrations; and
WHEREAS, all recipients of CDBG funds are further required to follow a policy of enforcing
applicable state and local laws against physically barring entrances or exits to a facility that is
the subject of a nonviolent protest demonstration; and
WHEREAS, the City of Dubuque endorses a policy prohibiting the use of excessive force
and will inform all law enforcement agencies within its jurisdiction of this policy,
NOW, THEREFORE, BE IT RESOLVED, that the City of Dubuque hereby prohibits any law
enforcement agency operating within its jurisdiction from using excessive force against any
individuals engaged in nonviolent civil rights demonstrations. In addition, the City of Dubuque
agrees to enforce any applicable state or local laws against physically barring entrances or
exits from a facility or location that is the subject of a non-violent protest demonstration. The
City of Dubuque further pledges enforcement of this policy within its jurisdiction and
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encourages any individual or group who feels that the City of Dubuque has not complied with
this policy to file a complaint.
Information and assistance relative to excessive force complaints shall be provided by the
City Manager of the City of Dubuque.
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Adopted by the City Council of the City of Dubuque, Iowa, this 19 day of October, 2009.
Roy D Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Civil Service Commission: Civil Service Commission submitting the certified list for the
position of Police Officer. Upon motion the document was received and filed and made a
Matter of Record.
July 10, 2009
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of
Police Officer was given on May 2, 2009, followed by an agility test and an oral interview. We
hereby certify that the individuals listed on the attached sheet have passed and vacancies for
this position should be made from this list and that this list is good for one (1) year from above
date.
Respectfully submitted,
Dan White, Chairperson
Jim Schilling,
Betty Takes,
Civil Service Commission
POLICE OFFICER
David Loehr Thomas Budde
Ann Kennedy Thomas Ammon
Jeff McQuillen Michael Ryner
Troy Wilson Jonathan Miller
Clayton Miller Collin Ward
Brian Kelley Donald Weig
John Trowbridge Samuel Carl
Nick Jobgen Clark Egdorf
Keith McLaughlin Sarah McDonough
Michael Annable Stephen Hughes
Brett Moore Jwan Brookins
Jonathan Brokens Asher Klass
Michael Hoss Zachary Davis
Rock Jochum Carlton Nebergall
Freddy Coba Elisha Perkins
Eric Heim Kevin McCormick
Sirjohn Hudson Marc Hanson
Jason Ehlers Nick Pillard
Andrew Weber Ryan Smith
Andrew Mueller Chad Morelock
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Signed Contracts: 1) Award of the contract for the Thomas Place Guardrail and Curb and
Gutter Installation Project. 2) Floodwall Levee Slope Stabilization Project Change Order. Upon
motion the documents were received and filed.
Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution
No. 417-09 Granting the issuance of a Class “C” Beer Permit to Friendly Locust Mart and Big
10 Mart Car Wash; and Resolution No. 418-09 Granting the issuance of a Class “C”
Beer/Liquor License to Europa Haus Restaurant and Bierstube, Jumpers Sports Bar and Grill,
Rainbow Lounge, Channel Inn Restaurant, Fiesta Cancun Restaurant and The Bank Bar and
Grille; and a Class “WBN” Native Wine to Dubuque Area Chamber of Commerce were
adopted.
RESOLUTION NO. 417-09
Whereas, applications for Beer Permits have been submitted and filed to this Council for
approval and the same have been examined and approved: and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Beer Permit.
CLASS “C” BEER PERMIT
Awn Stop Mart Inc. # 3 Friendly Locust Mart +(Sunday Sale) 408 W. Locust Street
Molo Oil Company Big 10 Mart Car Wash +(Sunday Sale) 1875 JFK Road
Passed, approved and adopted this 19th day of October, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 418-09
Whereas, applications for Liquor Licenses have been submitted to this Council for approval
and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the State Laws and all City Ordinances relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Liquor License.
CLASS “C” BEER/LIQUOR LICENSE
Europa Haus, Inc. Europa Haus Restaurant & Bierstube 1301 Rhomberg
Avenue
Blue Sky $ LTD Jumpers Sports Bar & Grill+(Sunday Sale) 2600 Dodge Street
DAMA Corp. Rainbow Lounge+(Sunday Sale) 36 W. 4 th Street
Carolyn Fonck Channel Inn Restaurant+(Sunday Sale) 2010 ½ Kerper Blvd.
Fiesta Cancun Mexican Fiesta Cancun Restaurant+(Sunday Sale) 2515 N W Arterial
Restaurant
CES II Properties, Inc. The Bank Bar & Grille+(Sunday Sale) 342 Main Street
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CLASS “WBN” NATIVE WINE
DBQ Area Chamber Dubuque Area Chamber of Commerce 300 Main Street
Passed, approved and adopted this 19th day of October, 2009
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolution, set the public
hearing as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Voetberg. Motion carried 7-0.
Historic Shot Tower Rehabilitation Project – Phase I: City Manager recommending initiation
of the bidding process for the Historic Shot Tower Rehabilitation Project – Phase I and that a
public hearing be set for November 2, 2009. Upon motion the documents were received and
filed and Resolution No. 419-09 Preliminary approval of plans, specifications, form of contract,
and estimated cost; setting date of public hearing on plans, specifications, form of contract,
and estimated cost; and ordering the advertisement for bids for the Historic Shot Tower
Rehabilitation Project – Phase I was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on November 2, 2009 in the Historic Federal Building.
RESOLUTION NO. 419-09
HISTORIC SHOT TOWER REHABILITATION PROJECT – PHASE I
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Historic Shot
Tower Rehabilitation Project – Phase I, in the estimated amount $669,790 are hereby
preliminarily approved and ordered filed in the office of the City Clerk for public inspection.
nd
A public hearing will be held on the 2 day of November, 2009, at 6:30 p.m. in the Historic
Federal Building Council Chambers at which time interested persons may appear and be
heard for or against the proposed plans and specifications, form of contract and estimated cost
of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the
time and place of such hearing to be published in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person may
appear and file objections to the proposed plans, specifications, form of contract, or estimated
cost of the Project.
The Historic Shot Tower Rehabilitation Project – Phase I is hereby ordered to be advertised
for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be published in
a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be
published not less than four but not more than forty-five days before the date for filing bids
43
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before 2:00 p.m. on the 10 day of November, 2009. Bids shall be opened and read by the
City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on
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the 16 day of November, 2009, in the Historic Federal Building Council Chambers (second
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floor), 350 West 6 Street, Dubuque, Iowa.
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Passed, adopted and approved this 19 day of October, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Request to Rezone – 1800 Manson Road: Proof of publication on notice of public hearing to
consider a request from Marty McNamer to rezone property located at 1800 Manson Road
from AG Agricultural District to R-1 Single-Family Residential District and Zoning Advisory
Commission recommending approval. Motion by Lynch to receive and file the documents and
that the requirement that a proposed ordinance be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by
Connors. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 49-09 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at 1800 Manson Road from AG
Agricultural District to R-1 Single-Family Residential District. Seconded by Braig. Planning
Services Manager Laura Carstens provided a staff report. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 49-09
AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE
OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY
LOCATED AT 1800 MANSON ROAD FROM AG AGRICULTURAL DISTRICT TO R-1
SINGLE-FAMILY RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter-described property from AG
Agricultural District to R-1 Single-Family Residential District.
Balance of Lot 1 of 1 of 4 Mineral Lot 501, and to the centerline of the adjoining public right-
of-way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
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Passed, approved and adopted this 19 day of October, 2009.
/s/Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
rd
Published officially in the Telegraph Herald Newspaper the 23 day of October, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
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Request to Rezone – Radford Road and Westmark Drive: Proof of publication on notice of
public hearing to consider a request from Tom Kelzer / GTW Pennsylvania LLC to rezone
property located at the southeast corner of Radford Road and Westmark Drive from C-2
Neighborhood Shopping Center District to a PUD Planned Unit Development District with a PR
Planned Residential District designation and Zoning Advisory Commission recommending
approval. Motion by Jones to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be passed be suspended. Seconded by Lynch. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 50-09, as amended,
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at the southeast corner of Radford Road
and Westmark Drive from C-2 Neighborhood Shopping Center District to PUD Planned Unit
Development District with a PR Planned Residential District Designation and adopting a
conceptual development plan. Seconded by Lynch. Attorney Brian Kane, 2100 Asbury Road,
representing GTW Pennsylvania, LLC, reviewed the project and read a letter from Davin
Curtiss, attorney for Westmark Enterprises, 4050 Westmark Drive, requesting conditions into
the record. Greater Dubuque Development Corporation Executive Director Rick Dickinson, 300
Main Street, spoke in favor of the project. Planning Services Manager provided a staff report,
and Zoning Advisory Commission Chairperson Jeff Stiles spoke on behalf of the Commission.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 50-09
AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE
OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY
LOCATED AT THE SOUTHEAST CORNER OF RADFORD ROAD AND WESTMARK DRIVE
FROM C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT TO PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT
DESIGNATION, AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter-described property from C-2
Neighborhood Shopping Center District to PUD Planned Unit Development District with a PR
Planned Residential District designation, and adopting a conceptual development plan, a copy
of which is attached to and made a part hereof, is hereby adopted and approved for the
following described property, to wit: Lot 8 Westmark, and to the centerline of the adjoining
public right-of-way, all in the City of Dubuque, Iowa.
A. Use Regulations.
The following regulations shall apply to all uses made of land in the above-
described PR Planned Residential District:
1. Principal permitted uses shall be limited to 216 apartment units.
2. No secondary or contingency uses shall be permitted.
3. Accessory uses shall include any use customarily incidental and
subordinate to the principal use it serves.
B. Lot and Bulk Regulations.
Development of land in the PR Planned Residential District shall be regulated
as follows:
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1. The development of the 12 apartment buildings, detached garages and
parking areas shall be in substantial compliance with the approved
conceptual plan.
C. Performance Standards
The development and maintenance of uses in this PR Planned Residential
District shall be regulated as follows:
1. Parking Regulations
a. Off-street parking shall be provided based on the approved
conceptual plan.
b. All vehicle-related features shall be surfaced with either asphalt or
concrete.
c. Proper surface drainage of storm water shall be provided.
d. All parking and loading spaces shall be delineated on the surfacing
material by painted stripes or other permanent means.
e. The number, size and design of parking spaces shall be governed
by applicable provisions of City of Dubuque Ordinances enforced at
the time of development of the lot.
f. The number, size, design, and location of parking spaces
designated for persons with disabilities shall be according to the
local, state, or federal requirements in effect at the time of
development.
2. Site Lighting
a. Exterior illumination of site features shall be limited to the
illumination of the following:
i. Parking areas, driveways and loading facilities.
ii. Pedestrian walkway surfaces and entrances to building.
b. Location and Design
i. No light source shall provide illumination onto adjacent lots,
buildings or streets in excess of 1.0 foot candle.
ii. All exterior lighting luminaries shall be designed and installed
to shield light from the luminaries at angles above 72-degrees
from vertical.
iii. Fixtures mounted on a building shall not be positioned higher
than the roofline of the building.
iv. All electrical service lines to posts and fixtures shall be
underground and concealed inside the posts.
3. Landscaping and Screening
a. Landscaping shall be provided as part of each residential building
and at the end of any parking area located adjacent to a public
roadway and not otherwise screened by structures or topography.
b. That a six (6) foot high chain link fence with an evergreen screen
shall be provided along the eastern portion of the property. The
plantings shall be installed at a minimum of 3 to 6 feet in height and
will grow to a height of 15 to 20 feet.
4. Storm Water Conveyance
a. The developer shall be responsible for providing surface or
subsurface conveyance(s) of storm water from the lot to existing
storm sewers or to flow line of open drainageways outside the lot in
a means that is satisfactory to the City of Dubuque. Other applicable
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regulations enforced by the City of Dubuque relative to storm water
management and drainage shall apply to the subject property.
5. Exterior Trash Collection Areas
a. The storage of trash and debris shall be limited to that produced by
the principal permitted use and accessory uses of the lot.
b. All exterior trash collection areas and the materials contained
therein shall be visually screened from view. The screening shall be
completely opaque fence, wall or other feature not exceeding a
height of 10 feet measured from the ground level outside the line of
the screen. Screens built on sloping grades shall be stepped so
that their top line shall be horizontal. Exposed materials used to
construct the opaque screen shall be similar in appearance to
materials used for exterior building walls. All exterior entrances to a
screened trash area shall be provided with a gate or door of similar
design to that of the screen.
If a 10-foot high screen fails to shield the exterior trash collection
area from view from points inside or outside of the property,
evergreen plantings may be required in addition to the screening.
Evergreen plant materials shall be selected and designed so that
they will screen the area from all off-site visibility within five (5)
years.
6. A site plan shall be submitted in accordance with Section 4-4 of the
Zoning Ordinance or Articles 12 and 13 of the Unified Development
Code, whichever Code is in effect at the time of site plan submittal.
D. Sign Regulations
1. Signs in the Planned Residential District shall be regulated in accordance
with the R-4 Multi-Family Residential Zoning District sign regulations.
2. Variance requests from sign requirements for size, number and height
shall be reviewed by the Zoning Board of Adjustment.
E. Other Codes and Regulations
1. Service Lines. All electric, telephone, cable, or other similar utility lines
serving the building and other site features shall be located underground.
2. The use of semi-trailers and shipping containers for storage is prohibited.
3. These regulations do not relieve the owner from other applicable city,
county, state or federal codes, regulations, laws and other controls
relative to the planning, construction, operation and management of
property within the city of Dubuque.
F. Transfer of Ownership
Transfer of ownership or lease of property in this PR Planned Residential
District shall include the transfer or lease agreement a provision that the
purchaser or lessee acknowledges awareness of the conditions authorizing
the establishment of the district.
G. Occupancy Permits
No occupancy permit shall be issued by the City of Dubuque for property
included in the subject planned unit development district until full compliance
with this ordinance has been achieved.
H. Recording
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A copy of this Ordinance shall be recorded at the expense of the property
owner(s) with the Dubuque County Recorder as a permanent record of the
conditions accepted as part of this reclassification approval.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. The foregoing amendment shall take effect upon publication, as provided by law.
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Passed, approved and adopted this 19 day of October, 2009.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 26 day of October, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
Request to Rezone – Corner of Bluff Street and Fifth Street: Proof of publication on notice of
public hearing to consider a request from the City of Dubuque to rezone property located at the
northwest corner of Bluff Street and Fifth Street from OR Office/High Density Multi-Family
Residential District to C-4 Downtown Commercial District and Zoning Advisory Commission
recommending approval. Motion by Connors to receive and file the documents and that the
requirement that a proposed ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which it is to be passed be suspended. Seconded by
Voetberg. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 51-09 Amending
Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property located at the northwest corner of Bluff Street and
Fifth Street from OR Office/High Density Multi-Family Residential District to C-4 Downtown
Commercial District. Seconded by Voetberg. Planning Services Manager provided a staff
report. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 51-09
AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE
OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY
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LOCATED NORTHWEST CORNER OF BLUFF AND 5 STREETS FROM OR
OFFICE/HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT TO C-4 DOWNTOWN
COMMERCIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter-described property from OR
Office/High Density Multi-Family Residential District to C-4 Downtown Commercial District to
wit: City Lot 615, 616, 616A, S 8’ of 617, S 62’6” of N 64’ of City Lot 617, Lot 1 of City Lot 690,
S 9/10’ of N 1’6” of N 64’ of City Lot 617, and to the centerline of the adjoining public right-of-
way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
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Passed, approved and adopted this 19 day of October, 2009.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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rd
Published officially in the Telegraph Herald Newspaper the 23 day of October, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
MYLA Company, LLC: Proof of publication on notice of public hearing to consider a
proposed lease between MYLA Company, LLC for the placement of a sign for the businesses
in the new building at 3338 Center Grove Drive and City Manager recommending approval.
Motion by Lynch to receive and file the documents and adopt Resolution No. 420-09 Disposing
of an interest in public right-of-way abutting 3338 Center Grove Drive in the City of Dubuque,
Dubuque County, Iowa, by lease between with MYLA Company, LLC. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 420-09
DISPOSING OF CITY INTEREST IN PUBLIC RIGHT-OF-WAY ABUTTING 3338 CENTER
GROVE DRIVE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, BY LEASE WITH
MYLA COMPANY, LLC
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the City of
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Dubuque, Iowa on this 9 day of October, 2009, the City Council of the City of Dubuque, Iowa
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met on the 19 day of October, 2009, at 6:30 p.m. in the Historic Federal Building Council
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Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa to consider
the proposal for the lease of public right-of-way abutting 3338 Center Grove Drive legally
described as:
Lot 2 of part of Lot 1 of Lot 20, Lot 2 of part of Lot 1 of Lot 21, and Lots 22, 23, 24, 25, and
26 in Center Grove in the City of Dubuque, Dubuque County, Iowa, to MYLA and Company,
LLC, pursuant to a Lease Agreement attached hereto; and
Whereas, the City Council of the City of Dubuque, Iowa, overruled any and all objections,
oral or written to the proposal to lease such real estate.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the lease of City of Dubuque right-of-way abutting 3338 Center Grove Drive,
to MYLA and Company, LLC, be and the same is hereby approved for the sum of $120.00 per
year, in accordance with the Lease Agreement dated September 21, 2009 attached hereto.
Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right
of ingress and egress thereto, for the purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas,
telephone, television cable, fiber optics, and electric lines as may be authorized by the City of
Dubuque, Iowa, over the entire leased area.
Section 3. The Mayor is authorized and directed to execute the Lease Agreement, and the
City Clerk is hereby authorized and directed to deliver a copy of said lease to MYLA and
Company, LLC upon receipt of the lease payment for the year.
Section 4. The City Clerk is hereby authorized and directed to record a certified copy of this
resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County
Auditor.
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Passed, approved and adopted this 19 day of October, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Blanche Avenue – Request to Vacate: Proof of publication on notice of public hearing to
consider a request from David W. Leifker Law Offices, representing Raymond E. Tarkett, for
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the vacating and disposal of an alley adjacent to 765 Blanche Avenue and City Manager
recommending approval. Motion by Connors to receive and file the documents and adopt
Resolution No. 421-09 Vacating Lot 112-A in Maple Leaf Addition in the City of Dubuque,
Dubuque County, Iowa; and Resolution No. 422-09 Disposing of City interest in Lot 112-A in
Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa, were adopted.
RESOLUTION NO. 421-09
VACATING LOT 112-A IN MAPLE LEAF ADDITION IN THE CITY OF DUBUQUE,
DUBUQUE, COUNTY, IOWA
Whereas, Raymond E. Tarkett has requested the vacating of a portion of a public alley
abutting Lots 81 and 86 and Lots 112 through 117 all in Maple Leaf Addition in the City of
Dubuque, Iowa; and
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat
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dated the 8 day of September, 2009, prepared by Buesing and Associates, Inc., describing
the proposed vacated portion of a public alley abutting Lots 81 and 86 and Lots 112 through
117 all in Maple Leaf Addition platted as Lot 112-A in Maple Leaf Addition in the City of
Dubuque, Dubuque County, Iowa; and
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the City of
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Dubuque, Iowa on this 9 day of October, 2009, the City Council of the City of Dubuque, Iowa
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met on the 19 day of October, 2009, at 6:30 p.m. in the Historic Federal Building Council
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Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa to consider
the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections,
oral or written to the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the proposed
vacated portion of an alley described as Lot 112-A in Maple Leaf Addition in the City of
Dubuque, Dubuque County, Iowa, should be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as Lot 112-A in Maple Leaf Addition in the City of
Dubuque, Iowa, be and the same is hereby vacated.
Section 2. That the City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and
Dubuque County Auditor.
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Passed, approved and adopted this 19 day of October, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 422-09
DISPOSING OF CITY INTEREST IN LOT 112-A IN MAPLE LEAF ADDITION IN THE CITY
OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the City of
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Dubuque, Iowa on the 9 day of October, 2009, the City Council of the City of Dubuque, Iowa
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met on the 19 day of October, 2009, at 6:30 p.m. in the Historic Federal Building Council
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Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa to consider
the proposal for the sale of real estate described as: Lot 112-A in Maple Leaf Addition in the
City of Dubuque, Dubuque County, Iowa; and
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Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to sell such real estate, except for easement as noted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque real property described as Lot 112-A in Maple
Leaf Addition in the City of Dubuque, Dubuque County, Iowa, to Raymond E. Tarkett be and
the same is hereby approved for the cost of surveying, platting, publication, and filing fees.
Conveyance shall be by Quit Claim Deed.
Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and
the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to
Raymond E. Tarkett upon receipt of $300 plus publication and filing fees.
Section 3. That the City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and
Dubuque County Auditor.
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Passed, approved and adopted this 19 day of October, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase
III: Proof of publication on notice of public hearing to consider the plans and specs, form of
contract and estimated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer
Reconstruction Project – Phase III and City Manager recommending approval. Motion by
Lynch to receive and file the documents and adopt Resolution No. 423-09 Approving plans,
specifications, form of contract, and estimated cost for the North Fork Catfish Creek
Stormwater and Sanitary Sewer Reconstruction Project – Phase III. Seconded by Braig.
Motion carried 7-0.
RESOLUTION NO. 423-09
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE NORTH FORK CATFISH CREEK STORMWATER AND SANITARY
SEWER IMPROVEMENTS PROJECT – PHASE III
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the North
Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase III, in the
estimated amount $1,894,871.50, are hereby approved.
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Passed, adopted and approved this 19 day of October, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Dubuque Area Chamber of Commerce Convention and Visitors Bureau: Request of Keith
Rahe, Director of the Convention and Visitors Bureau, to provide a quarterly update. Motion by
Connors to receive and file the documents. Seconded by Jones. Convention and Visitors
Bureau Director Keith Rahe highlighted information and successes of the CVB over the last
quarter. Motion carried 7-0.
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Millstone Drive: City Manager recommending that Westside Arterial Development, LLC be
notified that if they have not submitted a rezoning request by November 2, 2009, for the
property where the temporary Millstone Drive cul-de-sac is to be built, that they be ordered to
install the temporary cul-de-sac prior to winter. Motion by Jones to receive and file the
documents and approve the recommendation. Seconded by Resnick. Motion carried 7-0.
Unified Development Code (Second Reading on October 5, 2009): Zoning Advisory
Commission recommending adoption of Option #4 for the Unified Development Code Section
11-9 – Recreational Open Space.
City Manager transmitting the Unified Development Code for the third reading and
recommending amendments to the Unified Development Code (UDC) for consideration by the
City Council.
Motion by Connors for final consideration and passage of Ordinance No. 52-09, as
amended, and including Option #4, Establishing the Unified Development Code for the City of
Dubuque, Iowa and providing for the administration, enforcement and amendment thereof in
accordance with the provisions of the Code of Iowa and for the repeal of all ordinances in
conflict herewith. Seconded by Jones. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 52-09
ESTABLISHING THE UNIFIED DEVELOPMENT CODE FOR THE CITY OF DUBUQUE,
IOWA AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND
AMENDMENT THEREOF IN ACCORDANCE WITH THE PROVISIONS OF THE CODE OF
IOWA AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH
WHEREAS, the provisions of the Code of Iowa empower the City of Dubuque, Iowa to enact
a Unified Development Code and to provide for its administration, enforcement and
amendment; and
WHEREAS, the City Council deems it necessary for the purpose of promoting the health,
safety, morals and general welfare of the City to enact such an ordinance; and
WHEREAS, the City Council pursuant to the provisions of the Code of Iowa has appointed a
Zoning Advisory Commission to recommend the boundaries of the original districts and
appropriate regulations to be enforced therein; and
WHEREAS, the Zoning Advisory Commission has divided the City into districts of such
number, shape and area as are deemed best suited to carry out the purpose of this ordinance
and has prepared regulations pertaining to such districts in accordance with a comprehensive
plan and design to lessen congestions in the streets; to secure safety from fire, flood, panic,
and other dangers; to promote health and the general welfare, to provide adequate light and
air, to prevent the overcrowding of land; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water, sewage, schools, and parks and other
requirements; and
WHEREAS, the Zoning Advisory Commission has given reasonable consideration, among
other things, to the character of the area of the district and the peculiar suitability of such area
for particular uses, with a view to conserving the value of buildings and encouraging the most
appropriate use of lands throughout the City; and
WHEREAS, the Zoning Advisory Commission has made a preliminary report and held public
hearings thereon, and has thereafter submitted its final report to the City Council; and
WHEREAS, the City Council has given due public notice of hearings relating to the Unified
Development code, zoning districts, regulations, and restrictions, and has held such public
hearings; and
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WHEREAS, all requirements of the Code of Iowa with regard to the preparation of the report
of the Zoning Advisory Commission and subsequent action of the City Council have been met;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
Section 1. That Appendix A (The Zoning Ordinance), Title 14 Chapter 6 Historic
Preservation, Title 15 Chapter 3 Zoning Advisory Commission, Title 16 Subdivisions and Title
14 Chapter 10 Signs, are hereby repealed in accordance with the provisions of the Code of
Iowa.
Section 2. That the City of Dubuque Code of Ordinances is hereby amended by adopting
Title 16, Unified Development Code, attached hereto and incorporated herein, in accordance
with the provisions of the Code of Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
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Passed, approved and adopted this 19 day of October, 2009.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 20 day of November, 2009.
/s/Jeanne F. Schneider, CMC, City Clerk
(Note: The complete UDC was published as a supplement in the Telegraph Herald on
November 20, 2009.)
Regional Transit Authority Shuttle Service to NICC: City Manager recommending
consideration of a partnership with RTA and to assist with funding the NICC shuttle service at
a reduced service level for the remainder of the 2009-2010 school year, at a cost of up to
$12,000 in City funds to equally split the net cost of the reduced shuttle service with the RTA.
Motion by Connors to receive and file the documents and approve the recommendation.
Seconded by Lynch. Motion carried 7-0. RTA Director Mark Munson responded to questions
from the City Council.
2009 Sewer Cured-in-Place Pipe Lining Project: City Manager recommending award of the
contract for the 2009 Sewer Cured-in-Place Pipe Lining Project to Visu-Sewer, Inc., in the
amount of $134,861.25. Motion by Jones to receive and file the documents and adopt
Resolution No. 424-09 Awarding public improvement contract for the 2009 Sewer Cured-in-
Place Pipe Lining Project. Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 424-09
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2009 SEWER CIPP LINING
PROJECT
Whereas, sealed proposals have been submitted by contractors for the 2009 Sewer CIPP
Lining Project (the Project) pursuant to Resolution No. 358-09 and Notice to Bidders published
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in a newspaper published in the City of Dubuque, Iowa on the 25 day of September, 2009.
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Whereas, said sealed proposals were opened and read on the 10 day of September, 2009
and it has been determined that Visu-Sewer, Inc of Pewaukee, Wisconsin, with a bid in the
amount of $134,861.25, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Visu-Sewer, Inc
and the City Manager is hereby directed to execute a Public Improvement Contract on behalf
of the City of Dubuque for the Project.
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Passed, approved and adopted this 19 day of October, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Salt Dome Conveyer Project: City Manager recommending award of the contract for the Salt
Dome Conveyer Project to Conlon Construction in the amount of $128,400. Motion by Lynch to
receive and file the documents and adopt Resolution No. 425-09 Awarding public improvement
contract for the Salt Dome Conveyor Project. Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 425-09
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SALT DOME CONVEYOR
PROJECT
Whereas, sealed proposals have been submitted by contractors for the Salt Dome
Conveyor Project (the Project) pursuant to Resolution Number 333-09 and Notice to Bidders
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published in the City of Dubuque, Iowa on the 11 day of September, 2009.
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Whereas, said sealed proposals were opened and read on the 6 day of October, 2009 and
it has been determined that Conlon Construction Company of Dubuque, Iowa with a bid in the
amount of $128,400.00 is the lowest, responsive, responsible bidder for the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Public Improvement Contract for the Project is hereby awarded to Conlon
Construction Company and the City Manager is hereby directed to execute a Public
Improvement Contract on behalf of the City of Dubuque for the Project.
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Passed, adopted and approved this 19 day of October, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Mississippi River Partnership: City Manager recommending that Mayor Roy Buol solicit
citizen interest to be considered for an appointment as the City representative to the
Mississippi River Partnership Council or appoint a member of the City Council. Motion by
Connors to receive and file and to solicit a citizen with an environmental background to be
appointed at the November 2, 2009 meeting. Seconded by Voetberg. Steinhauser stated that
the position can be advertised and applied for through a process similar to that used by the
City’s boards and commissions. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Connors reported that Director of the Iowa Great Places Cynthia Peterson was unable to
locate the City’s Iowa Great Places award on the City’s web page. Steinhauser confirmed that
it does appear and will relay that to Ms. Peterson.
Voetberg reported that at a recent Iowa DOT meeting, he and Council Member Resnick
extended Mayor Buol’s invitation to hold a DOT public meeting in Dubuque in 2010.
There being no further business, upon motion the City Council adjourned at 8:05 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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