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4 2 18 City Council Proceedings Official_Special and Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on April 2, 2018 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Rios, Shaw; City Manager Van Milligen, City Attorney Brumwell Absent: Council Member Resnick Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on National Disaster Resiliency Grant Up- date. WORK SESSION National Disaster Resiliency Grant Update Cori Burbach, Assistant City Manager, Civil Engineer Deron Muehring, and Sharon Gaul, Resiliency Coordinator, presented on the Housing and Urban Development (HUD) National Disaster Resiliency Competition grant. In January 2016, the State was awarded $95.7 million in U.S. Department of Housing and Urban Development (HUD) National Disaster Resiliency Competition grant funds. Per the award, the City of Dubuque is to receive $8.4 million for a comprehensive Bee Branch Healthy Homes Resiliency Program (BBHH) to help residents address residual impacts from the flooding experienced within the Bee Branch Watershed. The City also received $23.3 million for storm water infrastructure improvements associated with the Bee Branch Watershed Flood Mitigation Project. All construction must be complete by June 30, 2021 . 1) General overview of NDR competition, State of Iowa application and where Dubu- que's project fits in to the Iowa Watershed Approach 2) Overview of Infrastructure improvements: a. Railroad Culverts b. 22nd Street Storm Sewer c. 17m^Street Storm Sewer 3) Bee Branch Healthy Homes Resiliency Program (BBHH) a. Eligibility for programming b. Housing Repair projects c. Home advocacy component There being no further business, upon motion the City Council adjourned at 5:52 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk - 1 - CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on April 2, 2018 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios, Shaw; City Manager Van Milligen, City Attorney Brumwell Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1 . National Service Recognition Day (April 3, 2018) was accepted by Heather Satterly, Program Director, AmeriCorps Partners in Learning, and, Marie Zoromski with Senior Corps. 2. Junior Achievement Day (April 5, 2018) was accepted by Scott Ellerbach, Tri State Developer for Junior Achievement of the Heartland. 3. Sexual Assault Awareness Month (April 2018) was accepted by Nicolas Kuykendall of Riverview Center. 4. Month / Day of the Young Child (April 2018 & April 17, 2018) was accepted by Sherri Edwards, Director, Dubuque County Early Childhood. CONSENT ITEMS Motion by Jones to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Del Toro. Motion carried 7-0. 1 . Minutes and Reports Submitted: City Council Proceedings of 3/19; Housing Board of Appeals of 3/20; Library Board of Trustees Minutes of 1/25; Resilient Community Ad- visory Commission of 2/1 ; Proof of Publication for City Council Proceedings of 2/22, 2/26, 2/27, 2/28, 3/5; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 2/28. Upon motion the documents were received and filed. - 1 - 2. Notice of Claims and Suits; Progressive Insurance Co. /Andy Bartolotta for vehicle damage, Jordan Roberson for vehicle damage, Lloyd Haywood 3rd vs. City of Dubuque Police et. al. Upon motion the documents were received and filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Progressive Insurance Co. on behalf of Andy Bartolotta for vehicle damage, Jordan Roberson for vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Handouts Mailed with Rental Inspection Applications: City Manager transmitting copies of information on Dubuque's Housing Choice Voucher Program and Livable Neigh- borhoods and Housing that will be sent out with Rental Inspection Applications. Upon motion the documents were received and filed. 5. Request for Proposals - Solid Waste Operations and Rate Review Study: City Man- ager recommending approval to issue a Request for Proposals for consulting services for a solid waste operations and rate review study. Upon motion the document was received, filed, and approved. 6. Terminal Street Lift Station Insurance Claim Settlement: City Attorney recommend- ing approval of a Settlement Agreement and Release for an insurance claim filed by the City of Dubuque for the 2016 Terminal Street Lift Station failure and repair. Upon motion the document was received and filed. 7. Walgreen Co. Property Tax Appeal Settlement: City Attorney recommending ap- proval of a Stipulation of Settlement for a property tax appeal filed by Walgreen Co. af- fecting property at 55 John F. Kennedy Road. Upon motion the document was received, filed and approved. 8. Application for 2018-2019 Iowa Campus Compact AmeriCorps VISTA Member: City Manager recommending approval of an application for an AmeriCorps VISTA member to serve in the Human Rights Department with a focus on building systems related to the transition to advancing equity work. Upon motion the document was received, filed, and approved. 9. Consultant Recommendation for Valentine Park SRF Project: City Manager recom- mending approval of the selection of Applied Ecological Services as the consultant for the Valentine Park SRF Project, and to authorize the City Manager to negotiate a contract within the SRF budget. Upon motion the document was received, filed, and approved. 10. 2018 Asphalt Overlay Ramp Project Two Award: City Manager recommending that the award for the 2018 Asphalt Overlay Access Ramp Project Two be officially recorded in the minutes of the City Council. Upon motion the document was received, filed, and made a Matter of Record. 11 . Proceedings to Complete Action on Issuance of $4,950,000 General Obligation Bonds, Series 2018A, $1 ,020,000 Taxable General Obligation Refunding Bonds, Series 2 2018B: City Manager recommending approval of resolutions to complete the action re- quired on issuance of $4,950,000 General Obligation Bonds, Series 2018A and $1 ,020,000 Taxable General Obligation Refunding Bonds, Series 2018B. Upon motion the documents were received and filed, and Resolution No. 79-18 Appointing Wells Fargo Bank, N.A. of Minneapolis, Minnesota, 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 (Series 2018A) and Resolu- tion No.80-18 Authorizing and providing for the issuance of$4,950,000 General Obliga- tion Bonds, Series 2018A, and levying a tax to pay said Bonds; approval of the Tax Ex- emption Certificate and Continuing Disclosure Certificate and Resolution No. 81-18 Ap- pointing Wells Fargo Bank, N.A. of Minneapolis, Minnesota, 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 (Series 2018B); and Resolution No. 82-18 Authorizing and providing for the issuance of $1 ,005,000 Taxable General Obligation Refunding Bonds, Series 2018B, and levying a tax to pay said Bonds; approval of the Continuing Disclosure Certificate were adopted RESOLUTION NO. 79-18 APPOINTING WELLS FARGO BANK, N.A. OF MINNEAPOLIS, MINNESOTA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT, AP- PROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT Whereas, $4,950,000 General Obligation Bonds, Series 2018A, dated April 25, 2018, have been sold 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, N.A. of Minneapolis, Minnesota, are necessary for compliance with rules, regulations, and re- quirements 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, N.A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: 1 . That Wells Fargo Bank, N.A. of Minneapolis, Minnesota, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issu- ance of$4,950,000 General Obligation Bonds, Series 2018A, dated April 25, 2018. 2. That the Agreement with Wells Fargo Bank, N.A. of Minneapolis, Minnesota, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed and approved this 2"d day of April, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3 RESOLUTION NO. 80-18 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $4,950,000 GENERAL OBLIGA- TION BONDS, SERIES 2018A, AND LEVYING A TAX TO PAY SAID BONDS; APPROVAL OF THE TAX EXEMPTION CERTIFICATE AND CONTINUING DISCLOSURE CERTIFICATE 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 equipping the public works and transit departments, including the acquisition of emergency radio equipment and systems; and refunding or refinancing certain outstanding indebtedness of the City, including Gen- eral Obligation Bonds, Series 2011A, dated September 1 , 2011 , essential corporate pur- pose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of Not to Exceed $12,750,000 be authorized for said purpose(s); and Whereas, it is found and determined that the aforesaid adjustment and refunding of present indebtedness is necessary and in the public interest and will benefit the City and its taxpayers by restructuring one (1) outstanding issue(s) of Bonds for purposes of more efficient administration thereof; by conforming the debt service requirements to the antic- ipated receipt of tax funds thereby reducing the impact of delays in the collection of future taxes upon the City's cash flow; and to adjust the requirements of the outstanding indebt- edness so as to facilitate the orderly retirement of Bonds anticipated to be issued for future capital improvements; and Whereas, it presently appears that the aforesaid benefits may be realized and at the same time savings may be effected in the debt service fund requirements of the City by refunding of the Bonds set forth in the schedule set forth as Exhibit "A", [provided with] this Resolution and made a part hereof by this reference; and Whereas, pursuant to notice published as required by Section 384.25 of the Code of Iowa, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $4,950,000 General Obligation Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds for such pur- pose(s); and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above- mentioned Bonds 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 CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF 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, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Par- ticipant on the records of such Participant or such person's subrogee. • "Blanket Issuer Letter of Representations" shall mean the Representation Letter from the Issuer to DTC, with respect to the Bonds. • "Bond Fund" shall mean the fund created in Section 3 of this Resolution. • "Bonds" shall mean $4,950,000 General Obligation Bonds, Series 2018A, author- ized 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. 4 • "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate approved under the terms of this Resolution and to be executed by the Is- suer 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. • "Current Refunded Portion" shall mean $4,710,000 of the Par amount of the Bonds to refund the Refunded Bonds. • "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, which will act as security depository for the Bond pursuant to the Representation Letter. • "Issuer" and "City" shall mean the City of Dubuque, State of Iowa. • "New Money Portion" shall mean $240,000 of the par amount of the bonds issued to pay the costs of equipping the public works and transit departments, including the acquisition of emergency radio equipment and systems, and to pay costs of issuance. • "Participants" shall mean those broker-dealers, banks and other financial institu- tions for which DTC holds Bonds as securities depository. • "Paying Agent" shall mean Wells Fargo Bank, N.A., 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" shall mean the costs of equipping the public works and transit depart- ments, including the acquisition of emergency radio equipment and systems; and re- funding or refinancing certain outstanding indebtedness of the City, including General Obligation Bonds, Series 2011A, dated September 1 , 2011 . • "Project Fund" shall mean, as to the New Money Portion, the fund established under this Resolution for the deposit of a portion of the proceeds to pay the costs of equipping the public works and transit departments, including the acquisition of emer- gency radio equipment and systems. As to the Current Refunded Portion, "Project Fund" shall mean the portion of the proceeds that will be used, together with interest earnings thereon, to pay the principal, interest and redemption premium, if any, on the Refunded Bonds. • "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. • "Refunded Bonds" shall mean $4,710,000 of the $6,330,000 General Obligation Bonds, Series 2011A, dated September 1 , 2011 . • "Registrar" shall mean Wells Fargo Bank, N.A. of Minneapolis, Minnesota, 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. • "Resolution" shall mean this resolution authorizing the Bonds. • "Tax Exemption Certificate" shall mean the Tax Exemption Certificate approved under the terms of this Resolution and to be 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. 5 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 the City of Dubuque, State of Iowa, to-wit: AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30), YEAR OF COLLECTION $463,665.00* 2018/2019 $463,850.00 2019/2020 $462,150.00 2020//2021 $460,350.00 2021/2022 $463,450.00 2022/2023 $462,800.00 2023/2024 $466,850.00 2024/2025 $470,450.00 2025/2026 $473,600.00 2026/2027 $476,300.00 2027/2028 $453,550.00 2028/2029 $451 ,100.00 2029/2030 $458,350.00 2030/2031 *Payable from the Debt Service Levy on the Refunded Bonds. (NOTE: For example the levy to be made and certified against the taxable valua- tions of January 1 , 2017 will be collected during the fiscal year commencing July 1 , 2018.) b. Resolution to be Filed With County Auditor. A certified copy of this Resolution shall be filed with the Auditor of Dubuque County, Iowa and the Auditor is hereby in- structed 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 the 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 assessed and 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 "2018A GENERAL OBLIGATION BOND FUND NO. 1" (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, other than accrued interest except as may be provided below, shall be credited to the Project Fund and ex- pended therefrom for the purposes of issuance. 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 6 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. Proceeds invested shall mature before the date 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 Investment of Bond Fund Proceeds. All moneys held in the Bond Fund, pro- vided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2017, 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 con- tinuously secured in compliance with Chapter 12C of the Code of Iowa, 2017, as amended, or otherwise by a valid pledge of direct obligations of the United States Gov- ernment 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 Bonds of the City in the amount of$4,950,000, shall be issued pursuant to the provisions of Section 384.25 of the Code of Iowa for the aforesaid purposes. The Bonds shall be designated "GENERAL OBLIGATION BOND, SERIES 2018A", be dated April 25, 2018, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1 , 2018, and semiannually thereafter on the 1st day of June and Decem- ber 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 Amount T Interest Rate T Maturity June 1 rt rt , $315,000 2.000% 1 2019 $335,000 2.000% 2020 $340,000 , 2.000% 1 2021 $345,000 2.000% 1 2022 $355,000 3.000% 1 2023 $365,000 1 3.000% 1 2024 $380,000 + 3.000% + 2025 $395,000 1 3.000% 2026 T 7 , $410,000 1 3.000% 2027 7 , $425,000 1 3.000% 1 2028 $415,000 3.000% 2029 $425,000 , 3.000% 1 2030 $445,000 3.000% 1 2031 7 b. Redemption. i. Optional Redemption. Bonds maturing after June 1 , 2026, may be called for optional redemption by the Issuer on that 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' written notice of redemption shall be given to the registered owner of the Bond. Failure to give written notice 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. Written notice will be deemed completed upon transmission to the owner of record. 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. If less than all of a maturity is called for redemption, the Issuer will notify DTC of the particular amount of such maturity to be redeemed prior to maturity. DTC will determine by lot the amount of each Participant's interest in such maturity to be redeemed and each Participant will then select by lot the beneficial ownership inter- ests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. 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 deter- mines to permit the exchange of Depository Bonds for Bonds in Authorized Denomi- nations, 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). The Bonds must be registered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bonds registered in the name of Cede & Co. will 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 or in the Representation Letter. b. The Bonds will be initially issued in the form of separate single authenticated fully registered bonds in the amount of each stated maturity of the Bonds. Upon initial issu- ance, the ownership of the Bonds will be registered in the registry books of the Wells Fargo Bank, N.A. kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for other purposes. The Paying Agent, Registrar and the Issuer have no responsibility or obligation to any Participant or Beneficial Owner of the Bonds under or through DTC with respect to the accuracy of records 8 maintained by DTC or any Participant; with respect to the payment by DTC or Partici- pant of an amount of principal or redemption price of or interest on the Bonds; with respect to any notice given to owners of Bonds under the Resolution; with respect to the Participant(s) selected to receive payment in the event of a partial redemption of the Bonds, or a consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all payments are valid and effective to fully satisfy and discharge the Issu- er's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum paid. DTC must receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to the new nominee in accordance with this Section. c. In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Bonds certificates. The Bonds will be transferable in ac- cordance with this Section. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities under applicable law. In this event, the Bonds will be transferable in accordance with this Section. d. Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on the Bond and all notices must be made and given, respectively to DTC as provided in the Representa- tion letter. e. In connection with any notice or other communication to be provided to Bond- holders by the Issuer or the Paying Agent and Registrar with respect to a consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for the consent or other action and give DTC notice of the record date not less than 15 calendar days in advance of the record date to the extent possible. Notice to DTC must be given only when DTC is the sole Bondholder. f. The Representation Letter is on file with DTC and sets forth certain matters with respect to, among other things, notices, consents and approvals by Bondholders and payments on the Bonds. The execution and delivery of the Representation Letter to DTC by the Issuer is ratified and confirmed. g. In the event that a transfer or exchange of the Bonds is permitted under this Section, the transfer or exchange may be accomplished upon receipt by the Registrar from the registered owners of the Bonds to be transferred or exchanged and appropri- ate instruments of transfer. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution apply to, among other things, the printing of certificates and the method or payment of prin- cipal of and interest on the certificates. 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 9 Exchange Act of 1934, as amended. The substitute depository shall provide for (i) im- mobilization of the Depository Bonds, (ii) registration and transfer of interests in De- pository 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. h. The officers of the Issuer are authorized and directed to prepare and furnish to the purchaser, and to the attorneys approving the legality of Bonds, certified copies of proceedings, ordinances, resolutions and records and all certificates and affidavits and other instruments as may be required to evidence the legality and marketability of the Bonds, and all certified copies, certificates, affidavits and other instruments constitute representations of the Issuer as to the correctness of all stated or recited facts. Section 8 Registration of Bonds; Appointment of Registrar; Transfer; Ownership; De- livery; 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, N.A. 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 Com- mercial 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 Registra- tion 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 iden- tification 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 regis- tered 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 de- nomination 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 repre- sentative. 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. 10 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 can- celled Bonds to the Issuer. f. Non-Presentment of Bonds. In the event any payment check representing pay- ment 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 con- tinue 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 redemp- tion thereof, or otherwise, at which time the Paying Agent, shall surrender any remain- ing 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 addi- tional 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 out- standing 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 satis- factory 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 of the month 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. Upon receipt of the final payment of principal, the holder of the Bond shall surrender 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 the Bonds by their manual or author- ized signature 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 oblig- atory 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 11 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 authenti- cated 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 writ- ten notice to each registered bondholder. Section 13 Form of Bond. Bonds shall be printed substantially in the form as [Provided]: Section 14. Closing Documents. The Mayor and City Clerk are authorized and directed to execute, attest, seal and deliver for and on behalf of the City any other additional cer- tificates, documents, or other papers and perform all other acts, including without limita- tion the execution of all closing documents, as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 15. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 16. 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 require- ments 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 ex- pected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Section 17. Approval of Tax Exemption Certificate. Attached hereto is a form of Tax Exemption Certificate stating the Issuer's reasonable expectations as to the use of the proceeds of the Bonds. The form of Tax Exemption Certificate is approved. 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 Finance Director is hereby directed to make and insert all calcula- tions and determinations necessary to complete the Tax Exemption Certificate at issu- ance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 18. 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, 12 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 Is- suer to comply with its obligations under the Continuing Disclosure Certificate. For pur- poses 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 interme- diaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 19. 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) com- ply 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 com- pliance. Section 20. 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 21 . Repeal of Conflicting Resolutions or Ordinances. All ordinances and reso- lutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 23. 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 ap- proval. Passed and approved this 2"d day of April, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 81-18 APPOINTING WELLS FARGO BANK, N.A. OF MINNEAPOLIS, MINNESOTA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT, AP- PROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT Whereas, $1 ,005,000 Taxable General Obligation Refunding Bonds, Series 2018B, dated April 25, 2018, have been sold 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, N.A. of Minneapolis, Minnesota, are necessary for compliance with rules, regulations, and re- quirements 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, N.A. 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: 1 . That Wells Fargo Bank, N.A. of Minneapolis, Minnesota, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issu- ance of $1 ,005,000 Taxable General Obligation Refunding Bonds, Series 2018B, dated April 25, 2018. 2. That the Agreement with Wells Fargo Bank, N.A. of Minneapolis, Minnesota, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed and approved this 2"d day of April, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 82-18 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $1,005,000 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2018B, AND LEVYING A TAX TO PAY SAID BONDS; APPROVAL OF THE CONTINUING DISCLOSURE CER- TIFICATE 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, it is found and determined that the aforesaid adjustment and refunding of present indebtedness is necessary and in the public interest and will benefit the City and its taxpayers by restructuring one (1) outstanding issue(s) of Bonds for purposes of more efficient administration thereof; by conforming the debt service requirements to the antic- ipated receipt of tax funds thereby reducing the impact of delays in the collection of future taxes upon the City's cash flow; and to adjust the requirements of the outstanding indebt- edness so as to facilitate the orderly retirement of Bonds anticipated to be issued for future capital improvements; and Whereas, it presently appears that the aforesaid benefits may be realized and at the same time savings may be effected in the debt service fund requirements of the City by refunding of the Bonds set forth in the schedule set forth as Exhibit "A", [Provided] to this Resolution and made a part hereof by this reference; and Whereas, pursuant to notice published as required by Section 384.25 of the Code of Iowa, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $1 ,005,000 General Obligation Refunding Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned Bonds 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 CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF 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, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Par- ticipant on the records of such Participant or such person's subrogee. 14 • "Blanket Issuer Letter of Representations" shall mean the Representation Letter from the Issuer to DTC, with respect to the Bonds. • "Bond Fund" shall mean the fund created in Section 3 of this Resolution. • "Bonds" shall mean $1 ,005,000 Taxable General Obligation Refunding Bonds, Se- ries 2018B, 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 approved under the terms of this Resolution and to be executed by the Is- suer 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, which will act as security depository for the Bond pursuant to the Representation Letter. • "Issuer" and "City" shall mean the City of Dubuque, State of Iowa. • "Participants" shall mean those broker-dealers, banks and other financial institu- tions for which DTC holds Bonds as securities depository. • "Paying Agent" shall mean Wells Fargo Bank, N.A., 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" shall mean the costs of refunding or refinancing certain outstanding in- debtedness of the City, including Taxable General Obligation Bonds, Series 2011 B, dated September 1 , 2011 . • "Project Fund" shall mean the fund into which a portion of the proceeds that will be used, together with interest earnings thereon, to pay the principal, interest and redemp- tion premium, if any, on the Refunded Bonds. • "Refunded Bonds" shall mean $985,000 of the $1 ,590,000 Taxable General Obli- gation Bonds, Series 2011 B, dated September 1 , 2011 . • "Registrar" shall mean Wells Fargo Bank, N.A. of Minneapolis, Minnesota, 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. • "Resolution" shall mean this resolution authorizing 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 the City of Dubuque, State of Iowa, to-wit: AMOUNT ? FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION $138,478.50* 1 2018/2019 15 $142,285.00 2019/202 $143,835.00 '',r 2020/2021 $145,235.00 2021/2022 $146,485.00 Ir 2022/2023 $142,585.00 j 2023/2024 $143,685.00 2024/2025 $149,567.50 1 2025/2026 *Payable from the Debt Service Levy on the Refunded Bonds. (NOTE: For example the levy to be made and certified against the taxable valua- tions of January 1 , 2017 will be collected during the fiscal year commencing July 1 , 2018.) b. Resolution to be Filed With County Auditor. A certified copy of this Resolution shall be filed with the Auditor of Dubuque County, Iowa and the Auditor is hereby in- structed 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 the 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 assessed and 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 "2018B GENERAL OBLIGATION REFUNDING BOND FUND NO. 2" (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, other than accrued interest except as may be provided below, shall be credited to the Project Fund and ex- pended therefrom for the purposes of issuance. 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. Investment 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, 2017, 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 con- tinuously secured in compliance with Chapter 12C of the Code of Iowa, 2017, as amended, or otherwise by a valid pledge of direct obligations of the United States Gov- ernment 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. 16 a. Bond Details. Taxable General Obligation Refunding Bonds of the City in the amount of$1 ,005,000, shall be issued pursuant to the provisions of Section 384.25 of the Code of Iowa for the aforesaid purposes. The Bonds shall be designated "TAXA- BLE GENERAL OBLIGATION REFUNDING BOND, SERIES 2018B", be dated April 25, 2018, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1 , 2018, 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 Amount ? Interest Rate 71 Maturity June 1st $105,000 r 3.000% , 2019 $115,000 1 3.000% 4 2020 $120,000 3.000% 2021 $125,000 3.000% 2022 $130,000 3.000% 2023 $130,000 1 3.000% 2024 $135,000 3.050% 2025 $145,000 13.150% 1 2026 b. Redemption. Optional Redemption. The Bonds are not subject to optional redemption prior to maturity. 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 deter- mines to permit the exchange of Depository Bonds for Bonds in Authorized Denomi- nations, 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). The Bonds must be registered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bonds registered in the name of Cede & Co. will 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 or in the Representation Letter. b. The Bonds will be initially issued in the form of separate single authenticated fully registered bonds in the amount of each stated maturity of the Bonds. Upon initial issu- ance, the ownership of the Bonds will be registered in the registry books of the Wells Fargo Bank, N.A. kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, 17 registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for other purposes. The Paying Agent, Registrar and the Issuer have no responsibility or obligation to any Participant or Beneficial Owner of the Bonds under or through DTC with respect to the accuracy of records maintained by DTC or any Participant; with respect to the payment by DTC or Partici- pant of an amount of principal or redemption price of or interest on the Bonds; with respect to any notice given to owners of Bonds under the Resolution; with respect to the Participant(s) selected to receive payment in the event of a partial redemption of the Bonds, or a consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all payments are valid and effective to fully satisfy and discharge the Issu- er's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum paid. DTC must receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to the new nominee in accordance with this Section. c. In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Bonds certificates. The Bonds will be transferable in ac- cordance with this Section. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities under applicable law. In this event, the Bonds will be transferable in accordance with this Section. d. Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on the Bond and all notices must be made and given, respectively to DTC as provided in the Representa- tion letter. e. In connection with any notice or other communication to be provided to Bond- holders by the Issuer or the Paying Agent and Registrar with respect to a consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for the consent or other action and give DTC notice of the record date not less than 15 calendar days in advance of the record date to the extent possible. Notice to DTC must be given only when DTC is the sole Bondholder. f. The Representation Letter is on file with DTC and sets forth certain matters with respect to, among other things, notices, consents and approvals by Bondholders and payments on the Bonds. The execution and delivery of the Representation Letter to DTC by the Issuer is ratified and confirmed. g. In the event that a transfer or exchange of the Bonds is permitted under this Section, the transfer or exchange may be accomplished upon receipt by the Registrar from the registered owners of the Bonds to be transferred or exchanged and appropri- ate instruments of transfer. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution apply 18 to, among other things, the printing of certificates and the method or payment of prin- cipal of and interest on the certificates. 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) im- mobilization of the Depository Bonds, (ii) registration and transfer of interests in De- pository 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. h. The officers of the Issuer are authorized and directed to prepare and furnish to the purchaser, and to the attorneys approving the legality of Bonds, certified copies of proceedings, ordinances, resolutions and records and all certificates and affidavits and other instruments as may be required to evidence the legality and marketability of the Bonds, and all certified copies, certificates, affidavits and other instruments constitute representations of the Issuer as to the correctness of all stated or recited facts. Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; De- livery; 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, N.A. 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 Com- mercial 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 Registra- tion 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 iden- tification 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 regis- tered 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 de- nomination 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 19 be made only to or upon the order of the registered owner thereof or his legal repre- sentative. 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 can- celled Bonds to the Issuer. f. Non-Presentment of Bonds. In the event any payment check representing pay- ment 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 con- tinue 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 redemp- tion thereof, or otherwise, at which time the Paying Agent, shall surrender any remain- ing 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 addi- tional 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 out- standing 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 satis- factory 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 of the month 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. Upon receipt of the final payment of principal, the holder of the Bond shall surrender the Bond to the Paying Agent. 20 Section 11 . Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute the Bonds by their manual or author- ized signature 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 oblig- atory 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 authenti- cated 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 au- thentication and delivery of the Bonds to or upon the order of the Purchaser upon pay- ment 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 writ- ten notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed substantially in the form as [pro- vided]: Section 14. Closing Documents. The Mayor and City Clerk are authorized and directed to execute, attest, seal and deliver for and on behalf of the City any other additional cer- tificates, documents, or other papers and perform all other acts, including without limita- tion the execution of all closing documents, as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 15. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 16. 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 Is- suer to comply with its obligations under the Continuing Disclosure Certificate. For pur- poses 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 interme- diaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 17. Repeal of Conflicting Resolutions or Ordinances. All ordinances and reso- lutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 18. 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 ap- proval. 21 Passed, approved and adopted this 2nd day of April, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. Signed Contract(s): Federal Building Lease agreement with Dubuque County. Upon motion the document was received and filed. 13. Alcohol Licenses Applications: City Manager recommending approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed, and Resolution No. 83-18 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was approved. RESOLUTION NO. 83-18 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City 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 the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: 1 Renewals Backpocket Brewing 333 E. 10th St. Class C Liquor (Catering) (Out- Taproom door) (Sunday) 1 Beecher Liquor 1691 Asbury Rd. Class E Liquor, Class B Wine, Class C Beer (Sunday) Board & Brush Crea- 875 Jackson St. Special Class C Liquor (Sunday) tive Studio F i J Dubuque Arboretum 3800 Arboretum Dr. Class B Native Wine (Sunday) Association Inc. Dubuque Lodge 2635 Windsor Ave. Class A Liquor (Outdoor) (Sun- No. 355 day) Joliet Building Corpo- 781 Locust St. Class C Liquor (Outdoor) (Sun- ration day) 1 Lina's Thai Bistro 2055 Holliday Dr. #200 Class C Liquor, Class B Wine (Sunday) Loras College Campus 1450 Alta Vista St. Class C Liquor (Catering) (Sun- Center day) 22 Monks Kaffee Pub 373 Bluff St. Class C Liquor (Outdoor) (Sun- day) Neighbor's Tap 1899 Rockdale Rd. Class C Liquor Oky Doky #8 Foods 535 Hill Street Suite A Class E Liquor, Class B Wine, Class C Beer (Sunday) Olive Garden Italian 33550 Dodge St. Class C Liquor (Sunday) Restaurant #1516 Ron's Five Point Mart r 405 Rhomberg Ave. 1 Class C Beer (Sunday) 1 Tavern on the Main 920 Main St Class C Liquor The Hub 253 Main St Class C Liquor (Sunday) Whiskey River 1064 University Ave. Class C Liquor (Sunday) New F i 1 McAleece Park and 1801 Admiral Sheehy Dr. Class B Beer, Class B Native Recreation Complex L Wine (Outdoor) (Sunday) Special Event Barrel House 299 Main St Adding Temporary Outdoor Ser- Dubuque 4-26 vice Passed, approved and adopted this 2nd day of April, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Resnick to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Shaw. Motion carried 7-0. 1 . Vacating Utility Easements - Tower Investments Subdivision: City Manager recom- mending that the City Council set a public hearing for April 16, 2018, to vacate any interest the City of Dubuque may have in utility easements located on Lot 1 -1-2 of Tower Invest- ments Subdivision No. 1 (South Pointe Subdivision). Upon motion the documents were received and filed, and Resolution No. 84-18 Setting a public hearing on the disposition of property by vacating any interest the City may have in utility easements located on Lot 1-1-2 Tower Investments Subdivision No. 1 was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on April 16, 2018 in the Historic Federal Building RESOLUTION NO. 84-18 SETTING A PUBLIC HEARING ON THE DISPOSITION OF PROPERTY BY VACATING ANY INTEREST THE CITY MAY HAVE IN UTILITY EASEMENTS LOCATED ON LOT 1-1-2 TOWER INVESTMENTS SUBDIVISION NO. 1 Whereas, Dubuque South Pointe, LLC, is constructing a development off Rockdale Road; and Whereas, as part of the development Dubuque South Pointe, LLC, is required to obtain a secondary emergency access to Tower Drive; and Whereas, in order to construct the secondary emergency access to Tower Drive there are abandoned water pipes on private property which must be removed, and utility ease- ments vacated; and 23 Whereas, the City may have an interest in the utility easements recorded as instru- ments 10011-95 and 10198-95 with the Dubuque County Recorder; and Whereas, the City of Dubuque Water and Engineering Departments have reviewed and indicated there is no useful purpose to the City in maintaining the abandoned pipes in the ground nor the utility easements; and Whereas, it is, in the best interests of the City, Dubuque South Pointe, LLC, and Tower Hill Inc., for the abandoned pipes to be removed and any City interest in the utility ease- ments be vacated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That the City Council sets a public hearing on the Vacating of the City's Interest in the utility easements for April 16, 2018 at 6:00 p.m. in the City Council Cham- ber, Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Passed, approved and adopted this 2nd day of April, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. University Avenue and Grandview Avenue Roundabout Project Initiate: City Man- ager transmitting information related to the University Avenue and North Grandview Ave- nue Roundabout Intersection Improvement Project, recommending initiation of the public bidding procedure through the Iowa Department of Transportation, and further recom- mending that a public hearing be set for April 16, 2018. Upon motion the documents were received and filed, and Resolution No. 85-18 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifica- tions, form of contract, and estimated cost was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on April 16, 2018 in the Historic Federal Building RESOLUTION NO. 85-18 UNIVERSITY AVENUE AND NORTH GRANDVIEW AVENUE ROUNDABOUT INTER- SECTION IMPROVEMENT PROJECT IOWA DOT PROJECT NO. STP-A-2100 (689)-- 86-31. PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST 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 Univer- sity Avenue and North Grandview Avenue Roundabout Intersection Improvement Project in the estimated amount $1 ,399,287.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 16th day of April, 2018, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, 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 24 file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Passed, adopted and approved this the 2nd day of April, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. John F. Kennedy Road and NW Arterial Right-Turn Lane Improvement Project Initi- ate: City Manager recommending initiation of the public bidding procedure through the Iowa Department of Transportation for the Northwest Arterial - JFK Intersection Right- Turn Lane Improvements Project, and further recommends that a public hearing be set for April 16, 2018. Upon motion the documents were received and filed, and Resolution No. 86-18 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and esti- mated cost was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on April 16, 2018 in the Historic Federal Building RESOLUTION NO. 86-18 NORTHWEST ARTERIAL - JFK INTERSECTION RIGHT TURN LANE IMPROVE- MENTS IOWA DOT PROJECT NO. STP-A-2100 (688)--86-31 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST 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 North- west Arterial / JFK Intersection Right Turn Lane Improvements in the estimated amount $177,100.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 16th day of April, 2018, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, 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 [Provided] 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. Passed, adopted and approved this the 2nd day of April, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. 2018 Pavement Marking Project Initiate: City Manager recommending initiation of the public bidding procedure for the 2018 Pavement Marking Project, and further recom- mends that a public hearing be set for April 16, 2018. Upon motion the documents were received and filed, and Resolution No. 87-18 Preliminary Approval of plans, specifica- tions, form of contract, and estimated cost; setting date of public hearing on plans speci- fications, form of contract, and estimated cost; and ordering the advertisement for bids 25 was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on April 16, 2018 in the Historic Federal Building RESOLUTION NO. 87-18 2018 PAVEMENT MARKING PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, 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 2018 Pavement Marking Project in the estimated amount $150,500.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 16th day of April, 2018, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, 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 2018 Pavement Marking Project 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 im- provements herein provided, by publishing the Notice to Bidders to be published on the City of Dubuque website and a contractor plan room service with statewide circulation, which notice shall be published not less than thirteen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 26th day of April, 2018. 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 6:00 p.m. on the 7th day of May 2018, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this the 2nd day of April, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Consolidated Funding Application: City Manager recommending that the City Coun- cil schedule a public hearing for May 7, 2018, on the Consolidated Funding Application pursuant to Iowa Department of Transportation requirements. Upon motion the docu- ments were received and filed, and Resolution No. 88-18 Setting the date for a public hearing on Iowa DOT application for Consolidated Funding was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on May 7, 2018 in the Historic Federal Building RESOLUTION NO. 88-18 26 SETTING THE DATE FOR A PUBLIC HEARING ON IOWA DOT APPLICATION FOR CONSOLIDATED FUNDING Whereas, the City of Dubuque provides fixed-route and paratransit services for the citizens of Dubuque; and Whereas, the Iowa Department of Transportation (IDOT) is a pass-through funding entity for federal capital and operating funds; and Whereas, the City has historically applied through the IDOT for these funds; and Whereas, the City Council finds that the applying for the funds to be beneficial to the continued provision of transit service for the citizens of Dubuque. Whereas, The Iowa Department of Transportation application will include requests and mandatory certifications by the City of Dubuque as follows: • From the State Transit Assistance Program: 1 .962469% of formula funds, Total: $286,870 • From federal funds for transit in non-urbanized areas and/or for transit serving primarily elderly persons and persons with disabilities: $59,430 • From statewide capital assistance (PTIG) for transit: $0 • From statewide federal-pass through discretionary assistance (InterCity Bus Mar- keting Grant) for transit: $7,500 • We understand acceptance of federal transit assistance involves an agreement to comply with certain labor protection provisions. • We certify that the City of Dubuque/The Jule has sufficient non-federal funds or sufficient in-kind match to provide required local match for capital projects and at time of delivery will have the funds to operate and maintain vehicles and equip- ment purchased under this contract. • We request that State Transit Assistance formula funding be advanced as al- lowed by law, to improve system cash flow. • We authorize candace Eudaley-Loebach, Director of Transportation Services, on behalf of the City Council, to apply for financial assistance and to enter into re- lated contract(s) with the Iowa Department of Transportation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 : A public hearing will be held as part of the City Council Meeting on May 7, 2018. The meeting will begin at 6:00 p.m. and will be held in the City Council Chambers of the Historic Federal Building, 350 W 6th Street, Dubuque, Iowa. The purpose of the hearing is to allow public comment on the Consolidated Funding Application. Section 2: Interested persons may comment on the proposed fare increase either in writing by filing with the City Clerk prior to the time of the public hearing or in person at the public hearing. Any comments submitted will be considered by the City Council and following the public hearing, the City Council will act to adopt or reject the proposed fare increase. Passed, adopted and approved this 2nd day of April, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Transit Advisory Board Youth Pass Recommendation: City Manager recommending that the City Council set a public hearing for May 7, 2018, regarding the Transit Advisory Board recommendation to increase the price of the annual youth pass for youth aged 11 - 27 18 years from $10 per year to $15 per year. The Transit Advisory Board is not recom- mending a change to the youth pass for ages 6-10 years. Upon motion the documents were received and filed, and Resolution No. 89-18 Setting the date for a public hearing increasing the annual Fixed-Route Youth Pass was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on May 7, 2018 in the Historic Federal Building RESOLUTION NO. 89-18 SETTING THE DATE FOR A PUBLIC HEARING INCREASING THE ANNUAL FIXED- ROUTE YOUTH PASS Whereas, the City of Dubuque provides fixed-route and paratransit services for the citizens of Dubuque; and Whereas, the Jule continues to see high transit usage levels among youth; and Whereas, The City of Dubuque desires to continue to provide fixed-route and para- transit services to its citizens; and Whereas, the proposed fare will impact youth riders; and Whereas, an increase to the annual youth pass is proposed and shown below: Student 11-18 years annual pass, $15 annual pass with proof of age. If approved, the pro- posed annual pass increase and related revisions take effect on August 1 , 2018. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 : A public hearing will be held as part of the City Council Meeting on May 7, 2018. The meeting will begin at 6:00 p.m. and will be held in the City Council Chambers of the Historic Federal Building, 350 W 6th Street, Dubuque, Iowa. The purpose of the hearing is to allow public comment on the establishment of a student fare type. Section 2: Interested persons may comment on the proposed fare increase either in writing by filing with the City Clerk prior to the time of the public hearing or in person at the public hearing. Any comments submitted will be considered by the City Council and following the public hearing, the City Council will act to adopt or reject the proposed fare increase. Passed, approved and adopted this 2nd day of April, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Appointment was made to the following commission. 1 . Housing Commission: One, 3-year term through August 17, 2020 (Vacant term of Baumhover) Applicants: Janice Craddieth, 1603 Washington St.; Sam Wooden, 1135 Rosedale Ave. Roll call vote: Craddieth — Larson, Resnick, Jones, Buol, Rios. Wooden — Shaw, Del Toro. Upon roll call vote Janice Craddieth was appointed to a 3-year term through August 17, 2020. PUBLIC HEARINGS 1 . Development Agreement with 653 White Properties, LLC to Redevelop Property at 653 White Street: Proof of publication on notice of public hearing to consider approval of a development agreement with 653 White Properties, LLC to redevelop property at 653 White Street and the City Manager recommending approval. Motion by Jones to receive 28 and file the documents and adopt Resolution No. 90-18 Approving a Development Agree- ment by and between the City of Dubuque, Iowa and 653 White Properties, LLC providing for the issuance of Urban Renewal Tax Increment Revenue Obligations for the redevel- opment of 653 White Street. Seconded by Del Toro. Motion carried 7-0. RESOLUTION NO. 90-18 APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND 653 WHITE PROPERTIES, LLC PROVIDING FOR THE ISSU- ANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS FOR THE REDEVELOPMENT OF 653 WHITE STREET Whereas, the City Council, by Resolution No. 66-18, dated March 19, 2018, declared its intent to enter into a Development Agreement with 653 White Properties, LLC for the redevelopment of 653 White Street in the City of Dubuque, Iowa (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on April 2, 2018 at 6:00 p.m. in the City Council Chambers at the Historic Federal building, 350 W. 6th Street, Dubuque, Iowa.; and Whereas, it is the determination of the City Council that approval of the Development Agreement, for redevelopment of the Property by 653 White Properties, LLC according to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That the Development Agreement by and between the City of Dubuque and 653 White Properties, LLC, a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Develop- ment Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 2nd day of April, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. 22nd Street / Kaufmann Avenue Storm Sewer Capacity Improvement Project (Elm Street to White Street): Proof of publication on notice of public hearing to consider ap- proval of plans, specifications, form of contract, and estimated cost for the 22nd Street Storm Sewer Improvements Project (Elm Street to White Street) and the City Manager recommending approval. Motion by Larson to receive and file the documents and adopt Resolution No. 91-18 Approval of plans, specifications, form of contract, and estimated cost for the 22nd Street Storm Sewer Project (Elm to White) Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 91-18 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE 22ND STREET STORM SEWER PROJECT (ELM TO WHITE) NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 29 That the proposed plans, specifications, form of contract and estimated cost for the 22nd Street Storm Sewer Project (Elm to White), in the estimated amount $4,267,144.00, are hereby approved. Passed, adopted and approved this 2nd day of April, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Community Development Block Grant National Disaster Resilience (CDBG-NDR) Status of Funded Activity - Bee Branch Watershed Flood Mitigation Project / Infrastruc- ture: Proof of publication on notice of public hearing on the status of funded activities associated with the Bee Branch Watershed Flood Mitigation Project (associated with Con- tract #13-NDRI- 011) infrastructure improvements funded in part by the HUD National Disaster Resilience Grant specifically for infrastructure. Motion by Del Toro to receive and file the documents and conduct the Public Hearing. Seconded by Resnick. Motion carried 7-0. 4. Housing - Community Development Block Grant National Disaster Resilience (CDBG- NDR) Housing Grant Status of Funded Activity: Proof of publication on notice of public hearing to conduct a public hearing on the Status of Funded Activities CONTRACT #13-NDRH-001 for Community Development Block Grant, National Disaster Resilience Housing Grant, locally known as the Bee Branch Healthy Homes Resiliency Program. Motion by Del Toro to receive and file the documents and conduct the Public Hearing. Seconded by Larson. Motion carried 7-0. PUBLIC INPUT Tom LoGuidice, 786 Stone Ridge PI.; and Lynn Sutton, 525 West Locust St., spoke regarding the need for swifter follow up on housing solutions for poorly maintained rental properties. Christine Darr, 419 Winona St.; and John Swift, 3275 Cider Ridge spoke in favor of the grass roots efforts to create a Dubuque municipal internet service. A petition of citizens in favor of this grass roots effort was submitted. Paul Uzel, 61 N. Algona St., also spoke in favor of the creation of a Dubuque municipal internet service. Dean Boles, 1715 Geraldine Dr., spoke in support of True North Corporation Agree- ment. Boles requested that a common reporting system be created so that information can be easily discerned by the public. ACTION ITEMS 1 . Dubuque's True North Corporation Agreement: City Manager recommending ap- proval of an agreement between the City of Dubuque and Dubuque's True North Corpo- ration for the acquisition, rehabilitation and resale of 50 residential units located in the area defined as high-poverty census tracts within the Dubuque City limits and in such extensions to that area as mutually agreed by the parties. Motion by Del Toro to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 6-1 with Rios voting nay. 30 2. SW Arterial Construction Update Video: Cable TV Division will show a video of the recent progress of the Southwest Arterial Project (January - March 2018). Motion by Del Toro to receive and file the documents. Seconded by Resnick. Motion carried 7-0. COUNCIL MEMBER REPORTS Council member Shaw, Larson, Resnick and Jones discussed considering a feasibility study for a Dubuque municipal internet service to be brought to council during the annual goal setting process as well as having city staff update them with current information re- garding a Dubuque municipal internet service. There being no further business, upon motion the City Council adjourned at 8:05 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 31