8 16 10 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on August 16, 2010 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Voetberg
Mayor Buol read the call and stated this is a regular session of the City Council to act upon
such business that may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Pastor Travis Roehm of Bridge Christian Church.
PROCLAMATION
Table Mound Elementary School Week (August 23-27, 2010) was accepted by Table Mound
Elementary School Principal Roy Hansen and three student representatives.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Braig. Louis Pfeiler, 12275 Kingston Way, requested (#15) Veterans’
Memorial Plaza be held for separate discussion. Motion carried 6-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 6/16; City
Council of 8/2; Human Rights Commission of 7/8; Investment Oversight Advisory Commission of
7/28; Park and Recreation Commission of 7/13; Transit Board of Trustees of 7/8; Zoning
Advisory Commission of 8/4; Zoning Board of Adjustment of 7/22
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Investment Oversight Advisory Commission’s 69 Quarterly Report
Proof of publication of City Council Proceedings of July 19, 2010 and List of Claims and
Summary of Revenues for Month Ended June 30, 2010
Upon motion the documents were received and filed.
Notice of Claims/Suits: Kenneth Booth for vehicle damage; James and Bonita LaBee for
property damage; Thomas and Mary Metz for property damage; Edward Ehrlich for vehicle
damage; Michelle Grobstick for vehicle damage; Christine M. Putnam for personal injury; Dave
Grant for vehicle damage; Rolf and Nancy Goeck for property damage; Justin R. Mills for
property damage; James R. Richardson for vehicle damage. Upon motion the documents were
received, filed, and referred to the City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Dan Dolphin for property
damage; Edward J. Ehrlich for vehicle damage; James LaBee for property damage; Kenneth R.
Booth for property damage; Thomas Metz for property damage; Michelle Grobstick for vehicle
damage; Christine M. Putnam for personal injury; Karen L. Candee for property damage; Nancy
Goecke for property damage. Upon motion the documents were received, filed, and concurred.
Fiscal Year 2010 Annual Action Plan – Amendment 4: City Manager recommending approval
of Amendment 4 to the Fiscal Year 2010 Annual Plan for the Homelessness Prevention and
Rapid Re-Housing Program. Upon motion the documents were received and filed and
Resolution No. 304-10 Approving Amendment 4 to the Fiscal Year 2010 Annual Plan for the
Homelessness Prevention and Rapid Re-Housing Program was adopted.
RESOLUTION NO. 304-10
APPROVING THE FISCAL YEAR 2010 ANNUAL ACTION PLAN AMENDMENT 4
HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM
Whereas, the City of Dubuque prepared and filed a Fiscal Year 2010 Annual Action Plan; and
Whereas, the City of Dubuque approved an amendment to the FY 2010 Annual Action Plan
on January 19, 2010 which included the Homelessness Prevention and Rapid Re-Housing
Program (HPRP) funds from the U.S. Department of Housing and Urban Development; and
Whereas, the City now desires to amend said Fiscal Year 2010 Annual Plan to reallocate
HPRP funding as per the attached Exhibit A ; and
Whereas, the Community Development Advisory Commission reviewed the proposed
amendment on July 21, 2010 and voted to approve said amendment and recommended City
Council approval.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Fiscal Year 2010 Annual Action Plan is hereby amended as per
Amendment 4, hereto attached as Exhibit A.
Section 2. That the City Manager is hereby authorized and directed to prepare and to submit
to the United States Department of Housing and Urban Development the Fiscal Year 2010
Annual Action Plan- Amendment 4 as required.
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Passed, approved and adopted this 16 day of August 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fire Station No. 4 – Roof Replacement Project: City Manager recommending acceptance of
the Fire Station No. 4 – Roof Replacement Project as completed by Giese Roofing Company in
the final contract amount of $20,780. Upon motion the documents were received and filed and
Resolution No. 305-10 Accepting the Fire Station No. 4 – Roof Replacement Project and
authorizing payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 305-10
ACCEPTING THE FIRE STATION #4 RE-ROOF 2010 PROJECT AND AUTHORIZING THE
PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Fire Station #4 Re-Roof 2010 Project (the
Project) has been completed and the City Engineer has examined the work and filed a
certificate stating that the Project has been completed according to the terms of the Public
Improvement Contract and that the City Engineer recommends that the Project be accepted;
and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the Exterior
Improvements – Station #4 Capital Improvement Project appropriation for the contract amount
of $20,780.00 less any retained percentage provided for therein as provided in Iowa Code
chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code
chapter 573.
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Passed, approved and adopted this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE FIRE STATION #4 RE-
ROOF 2010 PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Fire Station #4 Re-Roof 2010 Project, that the Project has been performed in
compliance with the terms of the Public Improvement Contract, and that the total cost of the
completed work is $20,780.00.
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Dated this 9 day of August, 2010.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 10 day of August, 2010.
Jeanne F. Schneider, CMC, City Clerk
Southwest Arterial – Supplemental Agreement: City Manager recommending approval of the
Supplemental Agreement with AECOM Technical Services, Inc., to provide construction
engineering services for the North Cascade Road Reconstruction Project. Upon motion the
documents were received and filed and Resolution No. 306-10 Approving the Consultant
Professional Services – Supplemental Agreement between AECOM Technical Services, Inc.
and the City of Dubuque for construction engineering services for the North Cascade Road
Reconstruction Project (Phase 1 of the Southwest Arterial Project) was adopted.
RESOLUTION NO. 306-10
RESOLUTION APPROVING THE CONSULTANT PROFESSIONAL SERVICES -
SUPPLEMENTAL AGREEMENT BETWEEN AECOM TECHNICAL SERVICES, INC. AND
THE CITY OF DUBUQUE FOR CONSTRUCTION ENGINEERING SERVICES FOR THE
NORTH CASCADE ROAD RECONSTRUCTION PROJECT (PHASE 1 OF THE SOUTHWEST
ARTERIAL PROJECT)
Whereas, the City of Dubuque is proceeding with the North Cascade Road Reconstruction
Project (Phase I of the Southwest Arterial Project); and
Whereas, AECOM Technical Services, Inc. will provide construction engineering services for
Phase I of the Southwest Arterial Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Consultant Professional Services - Supplemental Agreement -
Southwest Arterial, from Seippel Road to Olde Davenport Road between AECOM Technical
Services, Inc. and the City of Dubuque is hereby approved for the North Cascade Road
Reconstruction Project (Phase I of the Southwest Arterial), subject to the concurrence of the
Iowa Department of Transportation.
Section 2. That the Mayor be authorized and directed to execute three copies of said
Consultant Professional Services - Supplemental Agreement - Southwest Arterial, from Seippel
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Road to Olde Davenport Road, subject to the concurrence of the Iowa Department of
Transportation, for the North Cascade Road Reconstruction Project (Phase I of the Southwest
Arterial).
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Passed, approved and adopted this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Raymond Place/Maiden Lane Retaining Wall – Emergency Repair: City Manager
recommending approval of the emergency repairs of the Raymond Place/Maiden Lane
Retaining Wall. Upon motion the documents were received and filed and Resolution No. 307-10
Authorizing emergency repairs to the Raymond Place/Maiden Lane Retaining Wall was
adopted.
RESOLUTION NO. 307-10
AUTHORIZING EMERGENCY REPAIRS TO THE RETAINING WALL AT THE
INTERSECTION OF RAYMOND PLACE AND MAIDEN LANE INCLUDING THE STREET
PAVEMENT, STORM SEWER AND SANITARY SEWER
Whereas, a public retaining wall adjacent to Raymond Place and Maiden Lane is failing and
the pavement on Raymond Place and Maiden Lane has collapsed as the result of the failing
public retaining wall; and
Whereas, Iowa Code § 384.103 provides that when emergency repair of a public
improvement is necessary and the delay of advertising and a public letting might cause serious
loss or injury to the city, the governing body shall, by resolution, make a finding of the necessity
to institute emergency proceedings and shall procure a certificate from a competent registered
professional engineer or architect, not in the regular employ of the city, certifying that
emergency repairs are necessary, and that in that event the governing body may contract for
emergency repairs without holding a public hearing and advertising for bids; and
Whereas, Iowa Code § 364.12(3)(c) provides that a city may require the removal, repair, or
dismantling of a dangerous structure and if the property owner does not perform the action, in
an emergency a city may perform the action and assess the costs to the property owner; and
Whereas, the City Council finds that the condition of the retaining wall is a dangerous
structure and constitutes an emergency and that an emergency repair of the retaining wall and
adjoining public street supported by the retaining wall is necessary and the delay of advertising
and a public letting might cause serious loss or injury to the city; and
Whereas, the City has procured a certificate from a competent professional engineer
registered in the State of Iowa, not in the regular employ of the City, certifying that emergency
repairs to the retaining wall and street are necessary.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council finds that it is necessary to institute emergency proceedings to
repair the retaining wall adjacent to Raymond Place and Maiden Lane including the street
pavement, storm sewer and sanitary sewer.
Section 2. The City Manager is hereby authorized to proceed with instituting such emergency
repairs as provided by law.
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Passed, adopted and approved this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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E.B. Lyons Interpretive Center 28E Agreement: City Manager recommending approval of a
28E Agreement including the City, the Iowa Department of Natural Resources and the Friends
of the Mines of Spain for the Friends of the Mines of Spain to operate their gift shop, vending
machines and events at the expanded E.B. Lyons Interpretive Center at the state park. Upon
motion the documents were received, filed, and approved.
Final Plat – Larkspur Addition: Zoning Advisory Commission recommending approval of the
final plat of Lot 1, Lot 2 and Lot 3 of Larkspur Addition as requested by John A. Brennan. Upon
motion the documents were received and filed and Resolution No. 308-10 Approving the Final
Plat of Lot 1, Lot 2 and Lot 3 of Larkspur Addition in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 308-10
APPROVING THE FINAL PLAT LOT 1, LOT 2 AND LOT 3 OF LARKSPUR ADDITION IN
THE CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City Clerk the Final Plat Lot 1, Lot 2 and Lot 3 of
Larkspur Addition in the City of Dubuque, Iowa; and
Whereas, said Final Plat provides 0 feet of frontage for Lot 1 and 16 feet of lot frontage for
Lot 2 on a public street, where 50 feet is required by Section 11-14 of Title 16 of the City of
Dubuque Code of Ordinances, Unified Development Code; and
Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had its
approval endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find that it
conforms to the statues and ordinances relating to it.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, is waived to allow 0 feet of frontage on a public street or an approved
private street for Lot 1 and 16 feet of lot frontage for Lot 2.
Section 2. That the Final Plat Lot 1, Lot 2 and Lot 3 of Larkspur Addition is hereby approved
and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the
City of Dubuque, Iowa upon said final plat.
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Passed, approved and adopted this 16 day of August 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Plat of Survey – Creek Wood Drive: Zoning Advisory Commission recommending approval of
the Plat of Survey of Creek Wood Drive as requested by Greg McCoy. Upon motion the
documents were received and filed and Resolution No. 309-10 Approving the Plat of Survey of
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Lot 1 of the NE 1/4 SW ¼ Section 2, T88N, R2E of the 5 P.M. of Creek Wood Drive was
adopted.
RESOLUTION NO. 309-10
APPROVING THE PLAT OF SURVEY OF LOT 1 OF THE NE ¼ SW ¼ SECTION 2, T88N,
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R2E OF THE 5 P.M. (CREEK WOOD DRIVE)
Whereas, there has been filed with the City Clerk a Plat of Survey of Lot 1 of the NE ¼ SW ¼
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Section 2, T88N, R2E of the 5 P.M.in the City of Dubuque, Iowa; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
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Whereas, said Plat of Survey has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, is waived to allow 0 feet of frontage on a public street or an approved
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private street for Lot 1 of the NE ¼ SW ¼ Section 2, T88NB, R2E, of the 5 P.M.
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Section 2. That the Plat of Survey of Lot 1 of the NE ¼ SW ¼ Section 2, T88N, R2E of the 5
P.M. is hereby approved and the Mayor and City Clerk are hereby authorized and directed to
endorse the approval of the City of Dubuque, Iowa upon said final plat.
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Passed, approved and adopted this 16 day of August 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Iowa Department of Economic Development State Planning Grant: City Manager
recommending approval of an Iowa Department of Economic Development State Planning
Grant application. Upon motion the documents were received and filed and Resolution No. 310-
10 Authorizing State Planning Grant application to the Iowa Department of Economic
Development was adopted.
RESOLUTION NO. 310-10
AUTHORIZING STATE PLANNING GRANT APPLICATION TO IOWA DEPARTMENT OF
ECONOMIC DEVELOPMENT
Whereas, the Iowa Department of Economic Development has solicited proposals from cities
for a State Planning Grant for updates of comprehensive plans and housing needs
assessments; and
Whereas, the City of Dubuque plans to update the 2008 Comprehensive Plan in the next
three years; and
Whereas, the City of Dubuque has identified that a housing needs assessment is a priority.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Planning Services Manager is hereby authorized to submit an application to
the Iowa Department of Economic Development for a State Planning Grant, and to coordinate
the required staff and partner support for preparation of the IDED grant application for a HUD
Community Challenge Planning Grant.
Section 2. That in the event said IDED application is approved. The City Manager is hereby
authorized to allocate funds from the City budget for the required local catch match and to direct
City staff to provide the requisite in-kind match in staff time for this planning grant.
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Passed, approved and adopted this 16 day of August 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque County Conservation Board: Communication to Brian Preston, Dubuque County
Conservation Board, regarding a REAP Grant for land acquisition along Heritage Trail in
Dubuque County. Upon motion the document was received and filed.
73 CHS Forwards, LLC – Housing Enterprise Zone Agreement: City Manager recommending
approval of a Housing Enterprise Zone Program Agreement for 73 CHS Forwards, LLC related
to the redevelopment of the historic Cooper Wagon Works Building located at 299 Main Street.
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Upon motion the documents were received and filed and Resolution No. 311-10 Approving a
Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic
Development, the City of Dubuque and 73 CHS Forwards, LLC, was adopted.
RESOLUTION NO. 311-10
APPROVING A HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT BY AND AMONG
THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, THE CITY OF DUBUQUE AND
73 CHS FORWARDS, LLC
Whereas, the City of Dubuque has established two Enterprise Zones and an Enterprise Zone
Commission; and
Whereas, the Enterprise Zone Commission on June 4, 2010 approved the application of 73
CHS Forwards, LLC. for Housing Enterprise Zone benefits; and
Whereas, 73 CHS Forwards, LLC’s application was approved by the Iowa Department of
Economic Development on June 25, 2010; and
Whereas, the Iowa Department of Economic Development has prepared and submitted for
City Council approval an agreement relating to Housing Enterprise Zone benefits for 73 CHS
Forwards, LLC., a copy of which is attached hereto and by this reference made a part hereof;
and
Whereas, the City Council finds that the proposed agreement is acceptable and necessary to
the growth and development of the city.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of Economic Development Housing Enterprise Zone
Program Agreement, Number 10-HEZ-068, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Agreement on
behalf of the City of Dubuque and forward the executed copy to the Iowa Department of
Economic Development for their approval.
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Passed, approved and adopted this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City CMC, Clerk
CARADCO Building, LLLP – Housing Enterprise Zone Agreement: City Manager
recommending approval of a Housing Enterprise Zone Program Agreement for CARADCO
Building, LLLP related to the redevelopment of the former Carr, Ryder & Adams Company
building located at 900 Jackson Street. Upon motion the documents were received and filed and
Resolution No. 312-10 Approving a Housing Enterprise Zone Program Agreement by and
among the Iowa Department of Economic Development, the City of Dubuque and CARADCO
Building, LLLP, was adopted.
RESOLUTION NO. 312-10
APPROVING A HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT BY AND AMONG
THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, THE CITY OF DUBUQUE AND
CARADCO Building, LLLP.
Whereas, the City of Dubuque has established two Enterprise Zones and an Enterprise Zone
Commission; and
Whereas, the Enterprise Zone Commission on February 24, 2010 approved the application of
CARADCO Building, LLLP, for Housing Enterprise Zone benefits; and
Whereas, CARADCO Building, LLLP’s application was approved by the Iowa Department of
Economic Development on June 10, 2010; and
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Whereas, the Iowa Department of Economic Development has prepared and submitted for
City Council approval an agreement relating to Housing Enterprise Zone benefits for CARADCO
Building, LLLP., a copy of which is attached hereto and by this reference made a part hereof;
and
Whereas, the City Council finds that the proposed agreement is acceptable and necessary to
the growth and development of the city.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of Economic Development Housing Enterprise Zone
Program Agreement, Number 10-HEZ-041, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Agreement on
behalf of the City of Dubuque and forward the executed copy to the Iowa Department of
Economic Development for their approval.
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Passed, approved and adopted this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
HHH Enterprises, LLC: City Manager recommending approval of $15,000 in funding from the
Downtown Housing Incentive Pool to HHH Enterprises, LLC to create three housing units at
164-180 Main Street. Upon motion the documents were received and filed and Resolution No.
313-10 Approving an award to HHH Enterprises, LLC from the Downtown Housing Incentive
Pool to create new market-rate housing units within the Greater Downtown Urban Renewal
District was adopted.
RESOLUTION NO. 313-10
APPROVING AN AWARD TO HHH ENTERPRISES, LLC FROM THE DOWNTOWN
HOUSING INCENTIVE POOL TO CREATE NEW MARKET-RATE HOUSING UNITS WITHIN
THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT
Whereas, the City of Dubuque has been successful in encouraging job creation and retention
in the community for several years; and
Whereas, many of the City of Dubuque’s new residents have a strong desire to live near work
and entertainment; and
Whereas, a significant shortage of quality market-rate rental and owner-occupied residential
units exists and efforts are needed to encourage new development of such units; and
Whereas, several downtown residential development projects need financial assistance to
secure funding for such project; and
Whereas, the City received several applications for assistance from a Request for Proposals
due May 24, 2010; and
Whereas, such proposals have been reviewed by a recommendation committee.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council approves the following project to receive financial assistance for
the creation of market-rate housing units within the Greater Downtown Urban Renewal District:
Housing
Address Developer Units Assistance
$15,000
164-180 Main Street HHH Enterprises, LLC 3
Grant
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Section 2. That the City Manager is hereby authorized and directed to execute an Incentive
Agreement with HHH Enterprises, LLC.
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Passed, approved and adopted this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Veterans’ Memorial Plaza: City Manager recommending approval of the acceptance of
ownership of Veterans’ Memorial Plaza on Chaplain Schmitt Island. Motion by Jones to receive
and file the documents and adopt Resolution No. 314-10 Accepting ownership of Veterans’
Memorial Plaza on Chaplain Schmitt Island. Seconded by Resnick. Louis Pfeiler, 12275
Kingston Way, thanked the City Council and Dubuque residents for making the memorial
possible and spoke in support of the proposed resolution. Mr. Pfeiler provided a project update
and introduced project directors Louis Kartman, Keith Shearer and Cindy Kohlmann. Motion
carried 6-0.
RESOLUTION NO. 314-10
ACCEPTING OWNERSHIP OF VETERANS MEMORIAL PLAZA ON CHAPLAIN SCHMITT
ISLAND
Whereas on May 21, 2007, the City of Dubuque City Council authorized Veterans Memorial
Plaza, an Iowa non-profit corporation, to construct a Veterans' Memorial on Chaplain Schmitt
Island and agreed that upon completion the Memorial would be the property of the City of
Dubuque; and
Whereas, there has not yet been adopted by the City Council a formal resolution accepting
ownership of the Plaza; and
Whereas, the Veterans Memorial Plaza organization desires to donate the Veterans
Memorial Plaza improvements as completed to date to the City of Dubuque; and
Whereas, the City of Dubuque agrees to assume responsibility for upkeep of the Plaza with
the improvements to date including but not limited to the lighting and flags; and
Whereas, the Veterans Memorial Plaza organization wishes to continue the partnership with
the City of Dubuque in an advisory capacity working with the Leisure Services Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The ownership of the Veterans' Memorial Plaza and its improvements are hereby accepted
by the City of Dubuque.
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Passed, approved and adopted this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Portside Ventures, LLC – Termination of Development Agreement: City Manager
recommending approval of the acknowledgement of the termination of the Development
Agreement between the City and Portside Ventures, LLC. Upon motion the documents were
received and filed and Resolution No. 315-10 Approving the acknowledgement of termination of
the Development Agreement between the City of Dubuque, Iowa and Portside Ventures, LLC,
was adopted.
RESOLUTION NO. 315-10
APPROVING THE ACKNOWLEDGMENT OF TERMINATION OF THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND PORTSIDE VENTURES,
LLC.
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Whereas, the City of Dubuque, Port of Dubuque Adams Development, LLC, and The Durrant
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Group, Inc., entered into a Development Agreement dated for reference purposes the 23 day
of January, 2006 (the Development Agreement); and
Whereas, the Development Agreement provided for certain rights, privileges, obligations and
responsibilities of the parties with respect to the “Durrant Project” and the “Multiuse Project” as
described therein; and
Whereas, pursuant to Section 16.6 of the Development Agreement, all aspects of the
Development Agreement related to the Multiuse Project were assigned by Port of Dubuque
Adams Development, LLC to Port of Dubuque New Main Development, LLC, by an assignment
a copy of which is attached hereto; and
Whereas, Port of Dubuque New Main Development, LLC changed its name to Portside
Ventures, LLC (Portside); and
Whereas, the Multiuse Project was to be constructed on the following described real property:
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Lot 1 in Adams Company 4 Addition, in the City of Dubuque, Iowa, according to the recorded
Plat thereof, subject to easements and restrictions of record (the “Property”); and
Whereas, the Multiuse Project portion of the Development Agreement has expired according
to its terms and City desires written confirmation thereof.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
1. The Acknowledgement of Termination attached hereto is approved.
2. The Mayor is authorized and directed to sign the Acknowledgement of Termination on
behalf of the City of Dubuque.
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Passed, approved and adopted this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
General Obligation Bonds – Series 2010A: City Manager recommending approval of the final
proceedings providing for the issuance of $4,470,000 General Obligation Bonds, Series 2010A.
Upon motion the documents were received and filed and Resolution No. 316-10 Appointing
Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as Payment Agent, Bond
Registrar and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer
Agent Agreement and authorizing the execution of the Agreement; and Resolution No. 317-10
Authorizing and providing for the issuance of $4,470,000 General Obligation Bonds, Series
2010A, and levying a tax to pay said bonds were adopted.
RESOLUTION NO. 316-10
RESOLUTION APPOINTING WELLS FARGO BANK, NATIONAL ASSOCIATION OF DES
MOINES, IOWA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER
AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER
AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT
Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, $4,470,000 General
Obligation Bonds, Series 2010A, dated the date of delivery, have been sold at public sale and
action should now be taken to provide for the maintenance of records, registration of certificates
and payment of principal and interest in connection with the issuance of the Bonds; and
Whereas, this Council has deemed that the services offered by Wells Fargo Bank, National
Association of Des Moines, Iowa, are necessary for compliance with rules, regulations, and
requirements governing the registration, transfer and payment of registered Bonds; and
Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter
"Agreement") has been prepared to be entered into between the City and Wells Fargo Bank,
National Association.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DUBUQUE, IOWA:
Section 1. That Wells Fargo Bank, National Association of Des Moines, Iowa, is hereby
appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the
issuance of $4,470,000 General Obligation Bonds, Series 2010A, dated the date of delivery.
Section 2. That the Agreement with Wells Fargo Bank, National Association of Des Moines,
Iowa, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on
behalf of the City.
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Passed and approved this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 317-10
RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $4,470,000
GENERAL OBLIGATION BONDS, SERIES 2010A, AND LEVYING A TAX TO PAY SAID
BONDS
Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the
laws and Constitution of the State of Iowa; and
Whereas, the Issuer is in need of funds to pay costs of improvements and extensions to the
municipal sanitary sewer and storm water drainage systems; equipping the sanitation and road
departments; improving the City airport grounds and facilities; the acquisition of land and other
costs associated with the Bee Branch storm water project; rehabilitation and improvement of
City parks; construction, reconstruction and repair of sidewalks; improvement and installation of
street lighting fixtures, connections and facilities; street improvements, including installation of
fiber optic conduit; and refunding and refinancing of certain outstanding indebtedness of the
City, including the General Obligation Bonds, Series 2002B, dated March 1, 2002, essential
corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds to
the amount of not to exceed $4,575,000 be authorized for said purpose; and
Whereas, pursuant to notice published as required by Section 384.25 of said Code, this
Council has held a public meeting and hearing upon the proposal to institute proceedings for the
issuance of the Bonds, and the Council is therefore now authorized to proceed with the
issuance of $4,470,000 of such Bonds; 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 COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by necessary implication requires otherwise:
"Authorized Denominations" shall mean $5,000 or any integral multiple thereof.
"Beneficial Owner" shall mean the person in whose name such Bond is recorded
as the beneficial owner of a Bond by a Participant on the records of such Participant or
such person's subrogee.
"Bond Fund" shall mean the fund created in Section 3 of this Resolution.
"Bonds" shall mean $4,470,000 General Obligation Bonds, Series 2010A,
authorized to be issued by this Resolution.
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor
nominee of DTC with respect to the Bonds.
"Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure
Certificate executed by the Issuer and dated the date of issuance and delivery of the
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Bonds, as originally executed and as it may be amended from time to time in accordance
with the terms thereof.
"Current Refunding Portion" shall mean $705,000 of the Bonds being issued 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, a limited
purpose trust company, or any successor book-entry securities depository appointed for
the Bonds.
"Issuer" and "City" shall mean the City of Dubuque, Iowa.
"New Money Portion" shall mean $3,765,000 of the Bonds being issued to pay the
costs of improvements and extensions to the municipal sanitary sewer and storm water
drainage systems; equipping the sanitation and road departments; improving the City
airport grounds and facilities; the acquisition of land and other costs associated with the
Bee Branch storm water project; rehabilitation and improvement of City parks;
construction, reconstruction and repair of sidewalks; improvement and installation of
street lighting fixtures, connections and facilities; street improvements, including
installation of fiber optic conduit.
"Participants" shall mean those broker-dealers, banks and other financial
institutions for which DTC holds Bonds as securities depository.
"Paying Agent" shall mean Wells Fargo Bank, National Association, or such
successor as may be approved by Issuer as provided herein and who shall carry out the
duties prescribed herein as Issuer's agent to provide for the payment of principal of and
interest on the Bonds as the same shall become due.
"Project Fund" shall mean the fund established under this Resolution for the
deposit of the proceeds of the Bonds.
"Rebate Fund" shall mean the fund so defined in and established pursuant to the
Tax Exemption Certificate.
"Refunded Bonds" shall mean $690,000 of the $1,000,000 General Obligation
Bonds, Series 2002B, dated March 1, 2002.
"Registrar" shall mean Wells Fargo Bank, National Association of Des Moines,
Iowa, or such successor as may be approved by Issuer as provided herein and who shall
carry out the duties prescribed herein with respect to maintaining a register of the owners
of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent
for the Bonds.
"Representation Letter" shall mean the Blanket Issuer Letter of Representations
executed and delivered by the Issuer to DTC on file with DTC.
"Resolution" shall mean this resolution authorizing the Bonds.
"Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by
the Treasurer and delivered at the time of issuance and delivery of the Bonds.
"Treasurer" shall mean the Finance Director or such other officer as shall succeed
to the same duties and responsibilities with respect to the recording and payment of the
Bonds issued hereunder.
Section 2. Levy and Certification of Annual Tax; Other Funds to be Used.
(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
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each future year the following direct annual tax on all of the taxable property in Dubuque,
Iowa, to-wit:
FISCAL YEAR
(JULY 1 TO JUNE 30)
AMOUNT YEAR OF COLLECTION
$67,670 2010/2011
$336,888 2011/2012
$342,788 2012/2013
$338,488 2013/2014
$344,188 2014/2015
$339,688 2015/2016
$339,906 2016/2017
$344,444 2017/2018
$348,144 2018/2019
$346,269 2019/2020
$348,619 2020/2021
$275,669 2021/2022
$274,669 2022/2023
$278,263 2023/2024
$276,275 2024/2025
$278,850 2025/2026
$280,800 2026/2027
$281,200 2027/2028
$281,200 2028/2029
$280,800 2029/2030
(NOTE: For example the levy to be made and certified against the taxable valuations
of January 1, 2010 will be collected during the fiscal year commencing July 1, 2011.)
(b) Resolution to be Filed With County Auditor. A certified copy of this Resolution
should be filed with the County Auditor of Dubuque County, State of Iowa, and said
Auditor is hereby instructed in and for each of the years as provided, to levy and assess
the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes
are levied and assessed, and such taxes so levied in and for each of the years aforesaid
be collected in like manner as other taxes of the City are collected, and when collected
be used for the purpose of paying principal and interest on said Bonds issued in
anticipation of said tax, and for no other purpose whatsoever.
(c) Additional City Funds Available. Principal and interest coming due at any time
when the proceeds of said tax on hand shall be insufficient to pay the same shall be
promptly paid when due from current funds of the City available for that purpose and
reimbursement shall be made from such special fund in the amounts thus advanced.
Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the
same manner as, and in addition to, all other taxes in and for the City, and when collected they
shall be converted into a special fund within the Debt Service Fund to be known as the
"GENERAL OBLIGATION BOND FUND 2010A" (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.
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Section 4. Application of Bond Proceeds – New Money Portion. Proceeds of the New Money
Portion of the Bonds shall be credited to the Project Fund and expended 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 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.
In addition, $87,439.84 for capitalized interest shall be deposited in the Bond Fund.
Section 5. Application of Bond Proceeds – Current Refunding Portion. Proceeds of Current
Refunding Portion of the Bonds shall be credited to the Project Fund and expended 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.
Section 6. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided
for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B,
Code of Iowa, 2009 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial
institutions which are members of the Federal Deposit Insurance Corporation and the deposits
in which are insured thereby and all such deposits exceeding the maximum amount insured
from time to time by FDIC or its equivalent successor in any one financial institution shall be
continuously secured in compliance with the State Sinking Fund provided under Chapter 12C of
the Code of Iowa, 2009, as amended or otherwise by a valid pledge of direct obligations of the
United States Government having an equivalent market value. All such interim investments shall
mature before the date on which the moneys are required for payment of principal of or interest
on the Bonds as herein provided.
Section 7. Bond Details, Execution and Redemption.
(a) Bond Details. General Obligation Bonds of the City in the amount of $4,470,000, shall
be issued pursuant to the provisions of Section 384.25 of the City Code of Iowa for the
aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND,
SERIES 2010A", be dated the date of delivery, and bear interest from the date thereof, until
payment thereof, at the office of the Paying Agent, said interest payable on June 1, 2011, and
st
semiannually thereafter on the 1 day of June and December in each year until maturity at
the rates hereinafter provided.
The Bonds shall be executed by the manual or facsimile signature of the Mayor and
attested by the manual or facsimile signature of the Clerk, and impressed or printed with the
seal of the City and shall be fully registered as to both principal and interest as provided in
this Resolution; principal, interest and premium, if any, shall be payable at the office of the
Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be
in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest
as follows:
Principal Interest Maturity
Amount Rate June 1st
$55,000 2.000% 2011
$205,000 2.000% 2012
$215,000 2.000% 2013
$215,000 2.000% 2014
$225,000 2.000% 2015
$225,000 2.125% 2016
$230,000 2.375% 2017
$240,000 2.625% 2018
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$250,000 2.750% 2019
$255,000 3.000% 2020
$265,000 3.000% 2021
$200,000 3.000% 2022
$205,000 3.125% 2023
$215,000 3.250% 2024
$220,000 3.375% 2025
$230,000 3.500% 2026
$240,000 4.000% 2027
$250,000 4.000% 2028
$260,000 4.000% 2029
$270,000 4.000% 2030
(b) Redemption. Bonds maturing after June 1, 2017 may be called for redemption by the
Issuer and paid before maturity on said date or any date thereafter, from any funds
regardless of source, in whole or from time to time in part, in any order of maturity and
within an annual maturity by lot. The terms of redemption shall be par, plus accrued
interest to date of call.
Thirty days' notice of redemption shall be given by first class mail to the registered
owner of the Bond. Failure to give such notice by mail to any registered owner of the
Bonds or any defect therein shall not affect the validity of any proceedings for the
redemption of the Bonds. All bonds or portions thereof called for redemption will cease to
bear interest after the specified redemption date, provided funds for their redemption are
on deposit at the place of payment.
If selection by lot within a maturity is required, the Registrar shall designate the bonds to
be redeemed by random selection of the names of the registered owners of the entire
annual maturity until the total amount of bonds to be called has been reached.
Section 8. Issuance of Bonds in Book-Entry Form; Replacement Bonds.
(a) Notwithstanding the other provisions of this Resolution regarding registration,
ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to
permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the
Bonds shall be issued as Depository Bonds in denominations of the entire principal
amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said
principal amount less the prepaid amount); and such Depository Bonds shall be registered
in the name of Cede & Co., as nominee of DTC. Payment of semi-annual interest for any
Depository Bond shall be made by wire transfer or New York Clearing House or equivalent
next day funds to the account of Cede & Co. on the interest payment date for the Bonds at
the address indicated in or pursuant to the Representation Letter.
(b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have
any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting
the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any
responsibility or obligation with respect to (i) the accuracy of the records of DTC or its
nominee or of any Participant with respect to any ownership interest in the Bonds, (ii) the
delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its
nominee, of any notice with respect to the Bonds, (iii) the payment to any Participant, any
Beneficial Owner or any other person, other than DTC or its nominee, of any amount with
respect to the principal of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC
to provide any information or notification on behalf of any Participant or Beneficial Owner.
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The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its
nominee to be, the absolute owner of each Bond for the purpose of payment of the principal
of, premium, if any, and interest on such Bond, for the purpose of all other matters with
respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and
for all other purposes whatsoever (except for the giving of certain Bond holder consents, in
accordance with the practices and procedures of DTC as may be applicable thereto). The
Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or
upon the order of the Bondholders as shown on the Registration Books, and all such
payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations
with respect to the principal of, premium, if any, and interest on the Bonds to the extent so
paid. Notwithstanding the provisions of this Resolution to the contrary (including without
limitation those provisions relating to the surrender of Bonds, registration thereof, and
issuance in Authorized Denominations), as long as the Bonds are Depository Bonds, full
effect shall be given to the Representation Letter and the procedures and practices of DTC
thereunder, and the Paying Agent shall comply therewith.
(c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its
functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that the
Bonds are no longer eligible for its depository services or (iii) a determination by the Paying
Agent that DTC has resigned or discontinued its services for the Bonds, if such substitution is
authorized by law, the Issuer shall (A) designate a satisfactory substitute depository as set
forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of
Depository Bonds for replacement Bonds in Authorized Denominations.
(d) To the extent authorized by law, if the Issuer determines to provide for the exchange of
Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the
Paying Agent and shall provide the Registrar with a supply of executed unauthenticated
Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and
provide for such exchange, and to the extent that the Beneficial Owners are designated as
the transferee by the owners, the Bonds will be delivered in appropriate form, content and
Authorized Denominations to the Beneficial Owners, as their interests appear.
(e) Any substitute depository shall be designated in writing by the Issuer to the Paying
Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as
provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute
depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and
transfer of interests in Depository Bonds by book entries made on records of the depository
or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in
accordance with and as such interests may appear with respect to such book entries.
Section 9. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery;
and Cancellation.
(a) Registration. The ownership of Bonds may be transferred only by the making of an
entry upon the books kept for the registration and transfer of ownership of the Bonds, and in
no other way. Wells Fargo Bank, National Association is hereby appointed as Bond Registrar
under the terms of this Resolution and under the provisions of a separate agreement with the
Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain
the books of the Issuer for the registration of ownership of the Bonds for the payment of
principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be
negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of
the Code of Iowa, subject to the provisions for registration and transfer contained in the
Bonds and in this Resolution.
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(b) Transfer. The ownership of any Bond may be transferred only upon the Registration
Books kept for the registration and transfer of Bonds and only upon surrender thereof at the
office of the Registrar together with an assignment duly executed by the holder or his duly
authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with
the address and social security number or federal employer identification number of such
transferee (or, if registration is to be made in the name of multiple individuals, of all such
transferees). In the event that the address of the registered owner of a Bond (other than a
registered owner which is the nominee of the broker or dealer in question) is that of a broker
or dealer, there must be disclosed on the Registration Books the information pertaining to the
registered owner required above. Upon the transfer of any such Bond, a new fully registered
Bond, of any denomination or denominations permitted by this Resolution in aggregate
principal amount equal to the unmatured and unredeemed principal amount of such
transferred fully registered Bond, and bearing interest at the same rate and maturing on the
same date or dates shall be delivered by the Registrar.
(c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the
Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds,
in accordance with the provisions of this Resolution.
(d) Ownership. As to any Bond, the person in whose name the ownership of the same
shall be registered on the Registration Books of the Registrar shall be deemed and regarded
as the absolute owner thereof for all purposes, and payment of or on account of the principal
of any such Bonds and the premium, if any, and interest thereon shall be made only to or
upon the order of the registered owner thereof or his legal representative. All such payments
shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the
interest thereon, to the extent of the sum or sums so paid.
(e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be
cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed
and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided
that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer.
(f) Non-Presentment of Bonds. In the event any payment check representing payment of
principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not
presented for payment of principal at the maturity or redemption date, if funds sufficient to
pay such principal of or interest on Bonds shall have been made available to the Paying
Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for
such interest or payment of such Bonds shall forthwith cease, terminate and be completely
discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without
liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be
restricted exclusively to such funds for any claim of whatever nature on his part under this
Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to
hold such funds shall continue for a period equal to two years and six months following the
date on which such interest or principal became due, whether at maturity, or at the date fixed
for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any
remaining funds so held to the Issuer, whereupon any claim under this Resolution by the
Owners of such interest or Bonds of whatever nature shall be made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the
Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional
bonds in lesser denominations (but not less than the minimum denomination) to an owner
who so requests.
Section 10. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any
outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the
17
request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond
so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to
Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond
destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and
Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and
upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such
other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses
as the Issuer may incur in connection therewith.
Section 11. Record Date. Payments of principal and interest, otherwise than upon full
redemption, made in respect of any Bond, shall be made to the registered holder thereof or to
their designated agent as the same appear on the books of the Registrar on the 15th day
preceding the payment date. All such payments shall fully discharge the obligations of the Issuer
in respect of such Bonds to the extent of the payments so made. Payment of principal shall only
be made upon surrender of the Bond to the Paying Agent.
Section 12. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this
Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall
authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall
be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless
the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication
substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond
executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated
has been duly issued under this Resolution and that the holder thereof is entitled to the benefits
of this Resolution.
No Bonds shall be authenticated and delivered by the Registrar unless and until there shall
have been provided the following:
1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds;
2. A written order of Issuer signed by the Treasurer of the Issuer directing the
authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment
of the purchase price as set forth therein;
3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity
and legality of all the Bonds proposed to be issued.
Section 13. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to
name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to
each registered bondholder.
Section 14. Form of Bond. Bonds shall be printed in substantial compliance with standards
proposed by the American Standards Institute substantially in the form as [provided].
Section 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 requirements of statutes and
regulations issued thereunder.
To the best knowledge and belief of the Issuer, there are no facts or circumstances that
would materially change the foregoing statements or the conclusion that it is not expected that
the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage
bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with
the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption
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Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is
hereby directed to make and insert all calculations and determinations necessary to complete
the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption
Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants
of the Issuer at that date.
Section 17. Additional Covenants, Representations and Warranties of the Issuer. The Issuer
certifies and covenants with the purchasers and holders of the Bonds from time to time
outstanding that the Issuer through its officers, (a) will make such further specific covenants,
representations and assurances as may be necessary or advisable; (b) comply with all
representations, covenants and assurances contained in the Tax Exemption Certificate, which
Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the
owners of the Bonds;(c) consult with bond counsel (as defined in the Tax Exemption Certificate);
(d) pay to the United States, as necessary, such sums of money representing required rebates
of excess arbitrage profits relating to the Bonds;(e) file such forms, statements and supporting
documents as may be required and in a timely manner; and (f) if deemed necessary or
advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other
persons to assist the Issuer in such compliance.
Section 18. 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 19. Continuing Disclosure. The Issuer hereby covenants and agrees that it will
comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the
provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part
of this Resolution and made a part hereof. Notwithstanding any other provision of this
Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be
considered an event of default under this Resolution; however, any holder of the Bonds or
Beneficial Owner may take such actions as may be necessary and appropriate, including
seeking specific performance by court order, to cause the Issuer to comply with its obligations
under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner"
means any person which (a) has the power, directly or indirectly, to vote or consent with respect
to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees,
depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal
income tax purposes.
Section 20. Severability Clause. If any section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof,
and this Resolution shall become effective immediately upon its passage and approval.
Section 21. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and
resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed.
th
Passed and approved this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Taxable General Obligation Urban Renewal Bonds – Series 2010B: City Manager
recommending approval of the final proceedings providing for the issuance of $2,675,000
Taxable General Obligation Urban Renewal Bonds, Series 2010B. Upon motion the documents
were received and filed and Resolution No. 318-10 Appointing Wells Fargo Bank, National
Association of Des Moines, Iowa, to serve as Payment Agent, Bond Registrar and Transfer
Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and
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authorizing the execution of the Agreement; and Resolution No. 319-10 Authorizing and
providing for the issuance of $2,675,000 Taxable General Obligation Urban Renewal Bonds,
Series 2010B and levying a tax to pay said bonds were adopted.
RESOLUTION NO. 318-10
RESOLUTION APPOINTING WELLS FARGO BANK, NATIONAL ASSOCIATION OF DES
MOINES, IOWA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER
AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER
AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT
Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, $2,675,000 Taxable
General Obligation Urban Renewal Bonds, Series 2010B, dated the date of delivery, have been
sold at public sale and action should now be taken to provide for the maintenance of records,
registration of certificates and payment of principal and interest in connection with the issuance
of the Bonds; and
Whereas, this Council has deemed that the services offered by Wells Fargo Bank, National
Association of Des Moines, Iowa, are necessary for compliance with rules, regulations, and
requirements governing the registration, transfer and payment of registered Bonds; and
Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter
"Agreement") has been prepared to be entered into between the City and Wells Fargo Bank,
National Association.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DUBUQUE, IOWA:
Section 1. That Wells Fargo Bank, National Association of Des Moines, Iowa, is hereby
appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the
issuance of $2,675,000 Taxable General Obligation Urban Renewal Bonds, Series 2010B,
dated the date of delivery.
Section 2. That the Agreement with Wells Fargo Bank, National Association of Des Moines,
Iowa, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on
behalf of the City.
Passed and approved this 16th day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 319-10
RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,675,000
TAXABLE GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2010B, AND
LEVYING A TAX TO PAY SAID BONDS
Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the
laws and Constitution of the State of Iowa; and
Whereas, the Issuer is in need of funds to pay costs of aiding in the planning, undertaking
and carrying out of urban renewal project activities under the authority of Chapter 403 of the
Code of Iowa and the Amended and Restated Urban Renewal Plan for the Greater Downtown
Urban Renewal Area, including those costs associated with construction of parking
improvements and landscape projects within the Greater Downtown Urban Renewal Area; and
aiding in the planning, undertaking and carrying out of urban renewal project activities under the
authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal
Plan for the Greater Downtown Urban Renewal Area, including those costs associated with the
construction of street, stormwater, sanitary sewer, water, fiber optic, parking and other public
improvements in the Historic Millwork District, and the funding of grants, loans and other
financial assistance to private developers to assist in rehabilitation of existing buildings and
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construction of housing development projects in the Millwork District, an urban renewal purpose
project, and it is deemed necessary and advisable that the City issue Taxable General
Obligation Urban Renewal Bonds, Series 2010B, for such purpose to the amount of not to
exceed $3,000,000 as authorized by Sections 403.12 and 384.24(3)(q) of the City Code of Iowa;
and
Whereas, pursuant to notice published as required by Sections 403.12 and 384.24(3)(q) this
Council has held a public meeting and hearing upon the proposal to institute proceedings for the
issuance of the Bonds, and all objections, if any, to such Council action made by any resident or
property owner of the City were received and considered by the Council; and no petition having
been filed, it is the decision of the Council that additional action be taken for the issuance of the
$2,675,000 of such Bonds, and that such action is considered to be in the best interests of the
City and the residents thereof; 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 COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by necessary implication requires otherwise:
"Authorized Denominations" shall mean $5,000 or any integral multiple thereof.
"Beneficial Owner" shall mean the person in whose name such Bond is recorded as
the beneficial owner of a Bond by a Participant on the records of such Participant or such
person's subrogee.
"Bond Fund" shall mean the fund created in Section 3 of this Resolution.
"Bonds" shall mean $2,675,000 Taxable General Obligation Urban Renewal Bonds,
Series 2010B, authorized to be issued by this Resolution.
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor
nominee of DTC with respect to the Bonds.
"Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure
Certificate executed by the Issuer and dated the date of issuance and delivery of the
Bonds, as originally executed and as it may be amended from time to time in accordance
with the terms thereof.
"Depository Bonds" shall mean the Bonds as issued in the form of one global
certificate for each maturity, registered in the Registration Books maintained by the
Registrar in the name of DTC or its nominee.
"DTC" shall mean The Depository Trust Company, New York, New York, a limited
purpose trust company, or any successor book-entry securities depository appointed for
the Bonds.
"Issuer" and "City" shall mean the City of Dubuque, Iowa.
"Participants" shall mean those broker-dealers, banks and other financial institutions
for which DTC holds Bonds as securities depository.
"Paying Agent" shall mean Wells Fargo Bank, National Association, or such
successor as may be approved by Issuer as provided herein and who shall carry out the
duties prescribed herein as Issuer's agent to provide for the payment of principal of and
interest on the Bonds as the same shall become due.
"Project Fund" shall mean the fund required to be established by this Resolution for
the deposit of the proceeds of the Bonds.
"Registrar" shall mean Wells Fargo Bank, National Association of Des Moines, Iowa,
or such successor as may be approved by Issuer as provided herein and who shall carry
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out the duties prescribed herein with respect to maintaining a register of the owners of
the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for
the Bonds.
"Representation Letter" shall mean the Blanket Issuer Letter of Representations
executed and delivered by the Issuer to DTC on file with DTC.
"Resolution" shall mean this resolution authorizing the Bonds.
"Treasurer" shall mean the Finance Director or such other officer as shall succeed to
the same duties and responsibilities with respect to the recording and payment of the
Bonds issued hereunder.
Section 2. Levy and Certification of Annual Tax; Other Funds to be Used.
(a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal
and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each
future year the following direct annual tax on all of the taxable property in Dubuque, Iowa, to-
wit:
FISCAL YEAR
(JULY 1 TO JUNE 30)
AMOUNT YEAR OF COLLECTION
$82,953 2010/2011
$200,196 2011/2012
$199,296 2012/2013
$202,946 2013/2014
$201,165 2014/2015
$204,028 2015/2016
$206,428 2016/2017
$208,225 2017/2018
$209,485 2018/2019
$215,288 2019/2020
$215,350 2020/2021
$219,955 2021/2022
$218,865 2022/2023
$222,340 2023/2024
$225,133 2024/2025
$232,213 2025/2026
$233,393 2026/2027
$233,893 2027/2028
$238,593 2028/2029
$242,305 2029/2030
(NOTE: For example the levy to be made and certified against the taxable valuations of
January 1, 2010 will be collected during the fiscal year commencing July 1, 2011.)
(b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should
be filed with the County Auditor of Dubuque County, State of Iowa, and said Auditor is hereby
instructed in and for each of the years as provided, to levy and assess the tax hereby
authorized in Section 2 of this Resolution, in like manner as other taxes are levied and
assessed, and such taxes so levied in and for each of the years aforesaid be collected in like
manner as other taxes of the City are collected, and when collected be used for the purpose
of paying principal and interest on said Bonds issued in anticipation of said tax, and for no
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other purpose whatsoever.
(c) Additional City Funds Available. Principal and interest coming due at any time when the
proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid
when due from current funds of the City available for that purpose and reimbursement shall
be made from such special fund in the amounts thus advanced.
Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the
same manner as, and in addition to, all other taxes in and for the City, and when collected they
shall be converted into a special fund within the Debt Service Fund to be known as the
"TAXABLE GENERAL OBLIGATION URBAN RENEWAL BOND FUND 2010B" (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 capitalized
interest as provided below, shall be credited to the Project Fund and expended 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 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.
Capitalized interest, in the amount of $82,953.29 shall be deposited in the Bond Fund.
Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided
for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B,
Code of Iowa, 2009 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial
institutions which are members of the Federal Deposit Insurance Corporation and the deposits
in which are insured thereby and all such deposits exceeding the maximum amount insured
from time to time by FDIC or its equivalent successor in any one financial institution shall be
continuously secured in compliance with the State Sinking Fund provided under Chapter 12C of
the Code of Iowa, 2009, as amended or otherwise by a valid pledge of direct obligations of the
United States Government having an equivalent market value. All such interim investments shall
mature before the date on which the moneys are required for payment of principal of or interest
on the Bonds as herein provided.
Section 6. Bond Details, Execution and Redemption.
(a) Bond Details. Taxable General Obligation Urban Renewal Bonds of the City in the
amount of $2,675,000, shall be issued pursuant to the provisions of Section 403.12 of the
City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "TAXABLE
GENERAL OBLIGATION URBAN RENEWAL BOND, SERIES 2010B", be dated the date of
delivery, and bear interest from the date thereof, until payment thereof, at the office of the
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Paying Agent, said interest payable on June 1, 2011, and semiannually thereafter on the 1
day of June 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:
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Principal Interest Maturity
Amount Rate June 1st
$90,000 1.000% 2012
$90,000 1.500% 2013
$95,000 1.875% 2014
$95,000 2.250% 2015
$100,000 2.600% 2016
$105,000 3.050% 2017
$110,000 3.400% 2018
$115,000 3.650% 2019
$125,000 3.950% 2020
$130,000 4.150% 2021
$140,000 4.350% 2022
$145,000 4.500% 2023
$155,000 4.650% 2024
$165,000 4.800% 2025
$180,000 4.900% 2026
$190,000 5.000% 2027
$200,000 5.150% 2028
$215,000 5.250% 2029
$230,000 5.350% 2030
(b) Redemption. Bonds maturing after June 1, 2017 may be called for redemption by the
Issuer and paid before maturity on said date or any date thereafter, from any funds
regardless of source, in whole or from time to time in part, in any order of maturity and
within an annual maturity by lot. The terms of redemption shall be par, plus accrued
interest to date of call.
Thirty days' notice of redemption shall be given by first class mail to the registered
owner of the Bond. Failure to give such notice by mail to any registered owner of the
Bonds or any defect therein shall not affect the validity of any proceedings for the
redemption of the Bonds. All bonds or portions thereof called for redemption will cease to
bear interest after the specified redemption date, provided funds for their redemption are
on deposit at the place of payment.
If selection by lot within a maturity is required, the Registrar shall designate the bonds to
be redeemed by random selection of the names of the registered owners of the entire
annual maturity until the total amount of bonds to be called has been reached.
Section 7. Issuance of Bonds in Book-Entry Form; Replacement Bonds.
(a) Notwithstanding the other provisions of this Resolution regarding registration,
ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to
permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the
Bonds shall be issued as Depository Bonds in denominations of the entire principal
amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said
principal amount less the prepaid amount); and such Depository Bonds shall be registered
in the name of Cede & Co., as nominee of DTC. Payment of semi-annual interest for any
Depository Bond shall be made by wire transfer or New York Clearing House or equivalent
next day funds to the account of Cede & Co. on the interest payment date for the Bonds at
the address indicated in or pursuant to the Representation Letter.
(b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall
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have any responsibility or obligation to any Participant or to any Beneficial Owner. Without
limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall
have any responsibility or obligation with respect to (i) the accuracy of the records of DTC
or its nominee or of any Participant with respect to any ownership interest in the Bonds, (ii)
the delivery to any Participant, any Beneficial Owner or any other person, other than DTC
or its nominee, of any notice with respect to the Bonds, (iii) the payment to any Participant,
any Beneficial Owner or any other person, other than DTC or its nominee, of any amount
with respect to the principal of, premium, if any, or interest on the Bonds, or (iv) the failure
of DTC to provide any information or notification on behalf of any Participant or Beneficial
Owner.
The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or
its nominee to be, the absolute owner of each Bond for the purpose of payment of the
principal of, premium, if any, and interest on such Bond, for the purpose of all other
matters with respect to such Bond, for the purpose of registering transfers with respect to
such Bonds, and for all other purposes whatsoever (except for the giving of certain Bond
holder consents, in accordance with the practices and procedures of DTC as may be
applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and
interest on the Bonds only to or upon the order of the Bondholders as shown on the
Registration Books, and all such payments shall be valid and effective to fully satisfy and
discharge the Issuer's obligations with respect to the principal of, premium, if any, and
interest on the Bonds to the extent so paid. Notwithstanding the provisions of this
Resolution to the contrary (including without limitation those provisions relating to the
surrender of Bonds, registration thereof, and issuance in Authorized Denominations), as
long as the Bonds are Depository Bonds, full effect shall be given to the Representation
Letter and the procedures and practices of DTC thereunder, and the Paying Agent shall
comply therewith.
(c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its
functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that the
Bonds are no longer eligible for its depository services or (iii) a determination by the
Paying Agent that DTC has resigned or discontinued its services for the Bonds, if such
substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute
depository as set forth below or, if a satisfactory substitute is not found, (B) provide for the
exchange of Depository Bonds for replacement Bonds in Authorized Denominations.
(d) To the extent authorized by law, if the Issuer determines to provide for the exchange
of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the
Paying Agent and shall provide the Registrar with a supply of executed unauthenticated
Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds
and provide for such exchange, and to the extent that the Beneficial Owners are
designated as the transferee by the owners, the Bonds will be delivered in appropriate
form, content and Authorized Denominations to the Beneficial Owners, as their interests
appear.
(e) Any substitute depository shall be designated in writing by the Issuer to the Paying
Agent. Any such substitute depository shall be a qualified and registered "clearing agency"
as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The
substitute depository shall provide for (i) immobilization of the Depository Bonds, (ii)
registration and transfer of interests in Depository Bonds by book entries made on records
of the depository or its nominee and (iii) payment of principal of, premium, if any, and
interest on the Bonds in accordance with and as such interests may appear with respect to
such book entries.
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Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery;
and Cancellation.
(a) Registration. The ownership of Bonds may be transferred only by the making of an
entry upon the books kept for the registration and transfer of ownership of the Bonds, and in
no other way. Wells Fargo Bank, National Association is hereby appointed as Bond Registrar
under the terms of this Resolution and under the provisions of a separate agreement with the
Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain
the books of the Issuer for the registration of ownership of the Bonds for the payment of
principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be
negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of
the Code of Iowa, subject to the provisions for registration and transfer contained in the
Bonds and in this Resolution.
(b) Transfer. The ownership of any Bond may be transferred only upon the Registration
Books kept for the registration and transfer of Bonds and only upon surrender thereof at the
office of the Registrar together with an assignment duly executed by the holder or his duly
authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with
the address and social security number or federal employer identification number of such
transferee (or, if registration is to be made in the name of multiple individuals, of all such
transferees). In the event that the address of the registered owner of a Bond (other than a
registered owner which is the nominee of the broker or dealer in question) is that of a broker
or dealer, there must be disclosed on the Registration Books the information pertaining to the
registered owner required above. Upon the transfer of any such Bond, a new fully registered
Bond, of any denomination or denominations permitted by this Resolution in aggregate
principal amount equal to the unmatured and unredeemed principal amount of such
transferred fully registered Bond, and bearing interest at the same rate and maturing on the
same date or dates shall be delivered by the Registrar.
(c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the
Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds,
in accordance with the provisions of this Resolution.
(d) Ownership. As to any Bond, the person in whose name the ownership of the same
shall be registered on the Registration Books of the Registrar shall be deemed and regarded
as the absolute owner thereof for all purposes, and payment of or on account of the principal
of any such Bonds and the premium, if any, and interest thereon shall be made only to or
upon the order of the registered owner thereof or his legal representative. All such payments
shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the
interest thereon, to the extent of the sum or sums so paid.
(e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be
cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed
and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided
that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer.
(f) Non-Presentment of Bonds. In the event any payment check representing payment of
principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not
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
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Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to
hold such funds shall continue for a period equal to two years and six months following the
date on which such interest or principal became due, whether at maturity, or at the date fixed
for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any
remaining funds so held to the Issuer, whereupon any claim under this Resolution by the
Owners of such interest or Bonds of whatever nature shall be made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the
Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional
bonds in lesser denominations (but not less than the minimum denomination) to an owner
who so requests.
Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any
outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the
request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond
so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to
Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond
destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and
Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and
upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such
other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses
as the Issuer may incur in connection therewith.
Section 10. Record Date. Payments of principal and interest, otherwise than upon full
redemption, made in respect of any Bond, shall be made to the registered holder thereof or to
their designated agent as the same appear on the books of the Registrar on the 15th day
preceding the payment date. All such payments shall fully discharge the obligations of the Issuer
in respect of such Bonds to the extent of the payments so made. Payment of principal shall only
be made upon surrender of the Bond to the Paying Agent.
Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this
Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall
authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall
be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless
the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication
substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond
executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated
has been duly issued under this Resolution and that the holder thereof is entitled to the benefits
of this Resolution.
No Bonds shall be authenticated and delivered by the Registrar unless and until there shall
have been provided the following:
1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds;
2. A written order of Issuer signed by the Treasurer of the Issuer directing the
authentication and delivery of the Bonds to or upon the order of the Purchaser upon
payment of the purchase price as set forth therein;
3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the
validity and legality of all the Bonds proposed to be issued.
Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to
name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to
each registered bondholder.
Section 13. Form of Bond. Bonds shall be printed in substantial compliance with standards
proposed by the American Standards Institute substantially in the form as [provided].
Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a contract
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between said City and the purchaser of the Bonds.
Section 15. Continuing Disclosure. The Issuer hereby covenants and agrees that it will
comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the
provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part
of this Resolution and made a part hereof. Notwithstanding any other provision of this
Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be
considered an event of default under this Resolution; however, any holder of the Bonds or
Beneficial Owner may take such actions as may be necessary and appropriate, including
seeking specific performance by court order, to cause the Issuer to comply with its obligations
under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner"
means any person which (a) has the power, directly or indirectly, to vote or consent with respect
to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees,
depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal
income tax purposes.
Section 16. Severability Clause. If any section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof,
and this Resolution shall become effective immediately upon its passage and approval.
Section 17. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and
resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed.
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Passed and approved this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
General Obligation Urban Renewal Bonds – Series 2010C: City Manager recommending
approval of the final proceedings providing for the issuance of $2,825,000 General Obligation
Urban Renewal Bonds, Series 2010C. Upon motion the documents were received and filed and
Resolution No. 320-10 Appointing Wells Fargo Bank, National Association of Des Moines, Iowa,
to serve as Payment Agent, Bond Registrar and Transfer Agent, approving the Paying Agent
and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the
Agreement; and Resolution No. 321-10 Authorizing and providing for the issuance of
$2,825,000 General Obligation Urban Renewal Bonds, Series 2010C, and levying a tax to pay
said bonds were adopted.
RESOLUTION NO. 320-10
RESOLUTION APPOINTING WELLS FARGO BANK, NATIONAL ASSOCIATION OF DES
MOINES, IOWA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER
AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER
AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT
Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, $2,825,000 General
Obligation Urban Renewal Bonds, Series 2010C, dated the date of delivery, have been sold at
public sale and action should now be taken to provide for the maintenance of records,
registration of certificates and payment of principal and interest in connection with the issuance
of the Bonds; and
Whereas, this Council has deemed that the services offered by Wells Fargo Bank, National
Association of Des Moines, Iowa, are necessary for compliance with rules, regulations, and
requirements governing the registration, transfer and payment of registered Bonds; and
Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter
"Agreement") has been prepared to be entered into between the City and Wells Fargo Bank,
National Association.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DUBUQUE, STATE OF IOWA:
Section 1. That Wells Fargo Bank, National Association of Des Moines, Iowa, is hereby
appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the
issuance of $2,825,000 General Obligation Urban Renewal Bonds, Series 2010C, dated the
date of delivery.
Section 2. That the Agreement with Wells Fargo Bank, National Association of Des Moines,
Iowa, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on
behalf of the City.
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Passed and approved this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 321-10
RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,825,000
GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2010C, AND LEVYING A
TAX TO PAY SAID BONDS
Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the
laws and Constitution of the State of Iowa; and
Whereas, the Issuer is in need of funds to pay costs of aiding in the planning, undertaking
and carrying out of urban renewal project activities under the authority of Chapter 403 of the
Code of Iowa and the Amended and Restated Urban Renewal Plan for the Greater Downtown
Urban Renewal Area, including those costs associated with construction of parking
improvements and landscape projects within the Greater Downtown Urban Renewal Area; and
aiding in the planning, undertaking and carrying out of urban renewal project activities under the
authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal
Plan for the Greater Downtown Urban Renewal Area, including those costs associated with the
construction of street, stormwater, sanitary sewer, water, fiber optic, parking and other public
improvements in the Historic Millwork District, and the funding of grants, loans and other
financial assistance to private developers to assist in rehabilitation of existing buildings and
construction of housing development projects in the Millwork District, an urban renewal purpose
project, and it is deemed necessary and advisable that the City issue General Obligation Urban
Renewal Bonds, Series 2010C, for such purpose to the amount of not to exceed $3,000,000 as
authorized by Section 403.12 of the City Code of Iowa; and
Whereas, pursuant to notice published as required by Sections 403.12 and 384.24(3)(q) this
Council has held a public meeting and hearing upon the proposal to institute proceedings for the
issuance of the Bonds, and all objections, if any, to such Council action made by any resident or
property owner of the City were received and considered by the Council; and no petition having
been filed, it is the decision of the Council that additional action be taken for the issuance of the
$2,825,000 Bonds, and that such action is considered to be in the best interests of the City and
the residents thereof; 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 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.
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"Beneficial Owner" shall mean the person in whose name such Bond is recorded
as the beneficial owner of a Bond by a Participant on the records of such Participant or
such person's subrogee.
"Bond Fund" shall mean the fund created in Section 3 of this Resolution.
"Bonds" shall mean $2,825,000 General Obligation Urban Renewal Bonds, Series
2010C, authorized to be issued by this Resolution.
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor
nominee of DTC with respect to the Bonds.
"Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure
Certificate executed by the Issuer and dated the date of issuance and delivery of the
Bonds, as originally executed and as it may be amended from time to time in accordance
with the terms thereof.
"Depository Bonds" shall mean the Bonds as issued in the form of one global
certificate for each maturity, registered in the Registration Books maintained by the
Registrar in the name of DTC or its nominee.
"DTC" shall mean The Depository Trust Company, New York, New York, a limited
purpose trust company, or any successor book-entry securities depository appointed for
the Bonds.
"Issuer" and "City" shall mean the City of Dubuque, State of Iowa.
"Participants" shall mean those broker-dealers, banks and other financial
institutions for which DTC holds Bonds as securities depository.
"Paying Agent" shall mean Wells Fargo Bank, National Association, or such
successor as may be approved by Issuer as provided herein and who shall carry out the
duties prescribed herein as Issuer's agent to provide for the payment of principal of and
interest on the Bonds as the same shall become due.
"Project Fund" shall mean the fund required to be established by this Resolution
for the deposit of the proceeds of the Bonds.
"Rebate Fund" shall mean the fund so defined in and established pursuant to the
Tax Exemption Certificate.
"Registrar" shall mean Wells Fargo Bank, National Association of Des Moines,
Iowa, or such successor as may be approved by Issuer as provided herein and who shall
carry out the duties prescribed herein with respect to maintaining a register of the owners
of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent
for the Bonds.
"Representation Letter" shall mean the Blanket Issuer Letter of Representations
executed and delivered by the Issuer to DTC on file with DTC.
"Resolution" shall mean this resolution authorizing the Bonds.
"Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by
the Treasurer and delivered at the time of issuance and delivery of the Bonds.
"Treasurer" shall mean the Finance Director or such other officer as shall succeed
to the same duties and responsibilities with respect to the recording and payment of the
Bonds issued hereunder.
Section 2. Levy and Certification of Annual Tax; Other Funds to be Used.
(a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal
and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for
each future year the following direct annual tax on all of the taxable property in Dubuque,
Iowa, to-wit:
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FISCAL YEAR
(JULY 1 TO JUNE 30)
AMOUNT YEAR OF COLLECTION
$64,212 2010/2011
$200,300 2011/2012
$198,000 2012/2013
$195,700 2013/2014
$198,400 2014/2015
$196,000 2015/2016
$198,450 2016/2017
$200,481 2017/2018
$202,069 2018/2019
$203,356 2019/2020
$204,156 2020/2021
$204,806 2021/2022
$205,306 2022/2023
$205,463 2023/2024
$205,263 2024/2025
$204,694 2025/2026
$208,744 2026/2027
$207,219 2027/2028
$210,513 2028/2029
$213,200 2029/2030
(NOTE: For example the levy to be made and certified against the taxable valuations
of January 1, 2010 will be collected during the fiscal year commencing July 1, 2011.)
(b) Resolution to be Filed With County Auditor. A certified copy of this Resolution
should be filed with the County Auditor of Dubuque County, State of Iowa, and said
Auditor is hereby instructed in and for each of the years as provided, to levy and assess
the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes
are levied and assessed, and such taxes so levied in and for each of the years aforesaid
be collected in like manner as other taxes of the City are collected, and when collected
be used for the purpose of paying principal and interest on said Bonds issued in
anticipation of said tax, and for no other purpose whatsoever.
(c) Additional City Funds Available. Principal and interest coming due at any time
when the proceeds of said tax on hand shall be insufficient to pay the same shall be
promptly paid when due from current funds of the City available for that purpose and
reimbursement shall be made from such special fund in the amounts thus advanced.
Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the
same manner as, and in addition to, all other taxes in and for the City, and when collected they
shall be converted into a special fund within the Debt Service Fund to be known as the
"GENERAL OBLIGATION URBAN RENEWAL BOND FUND 2010C" (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 capitalized
interest as provided below, shall be credited to the Project Fund and expended therefrom for the
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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 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.
Capitalized interest, in the amount of $64,211.94, shall be deposited in the Bond Fund.
Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided
for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B,
Code of Iowa, 2009 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial
institutions which are members of the Federal Deposit Insurance Corporation and the deposits
in which are insured thereby and all such deposits exceeding the maximum amount insured
from time to time by FDIC or its equivalent successor in any one financial institution shall be
continuously secured in compliance with the State Sinking Fund provided under Chapter 12C of
the Code of Iowa, 2009, as amended or otherwise by a valid pledge of direct obligations of the
United States Government having an equivalent market value. All such interim investments shall
mature before the date on which the moneys are required for payment of principal of or interest
on the Bonds as herein provided.
Section 6. Bond Details, Execution and Redemption.
(a) Bond Details. General Obligation Urban Renewal Bonds of the City in the amount
of $2,825,000, shall be issued pursuant to the provisions of Sections 403.12 and
384.24(3)(q) of the City Code of Iowa for the aforesaid purpose. The Bonds shall be
designated "GENERAL OBLIGATION URBAN RENEWAL BOND, SERIES 2010C", be
dated the date of delivery, and bear interest from the date thereof, until payment thereof,
at the office of the Paying Agent, said interest payable on June 1, 2011, and
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semiannually thereafter on the 1 day of June and December in each year until maturity
at the rates hereinafter provided.
The Bonds shall be executed by the manual or facsimile signature of the Mayor and
attested by the manual or facsimile signature of the Clerk, and impressed or printed with
the seal of the City and shall be fully registered as to both principal and interest as
provided in this Resolution; principal, interest and premium, if any, shall be payable at the
office of the Paying Agent by mailing of a check to the registered owner of the Bond. The
Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall
mature and bear interest as follows:
Principal Interest Maturity
Amount Rate June 1st
$115,000 2.000% 2012
$115,000 2.000% 2013
$115,000 2.000% 2014
$120,000 2.000% 2015
$120,000 2.125% 2016
$125,000 2.375% 2017
$130,000 2.625% 2018
$135,000 2.750% 2019
$140,000 3.000% 2020
$145,000 3.000% 2021
$150,000 3.000% 2022
$155,000 3.125% 2023
$160,000 3.250% 2024
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$165,000 3.375% 2025
$170,000 3.500% 2026
$180,000 3.625% 2027
$185,000 3.625% 2028
$195,000 3.750% 2029
$205,000 4.000% 2030
(b) Redemption. Bonds maturing after June 1, 2017 may be called for redemption by
the Issuer and paid before maturity on said date or any date thereafter, from any funds
regardless of source, in whole or from time to time in part, in any order of maturity and
within an annual maturity by lot. The terms of redemption shall be par, plus accrued
interest to date of call.
Thirty days' notice of redemption shall be given by first class mail to the registered
owner of the Bond. Failure to give such notice by mail to any registered owner of the
Bonds or any defect therein shall not affect the validity of any proceedings for the
redemption of the Bonds. All bonds or portions thereof called for redemption will cease to
bear interest after the specified redemption date, provided funds for their redemption are
on deposit at the place of payment.
If selection by lot within a maturity is required, the Registrar shall designate the bonds
to be redeemed by random selection of the names of the registered owners of the entire
annual maturity until the total amount of bonds to be called has been reached.
Section 7. Issuance of Bonds in Book-Entry Form; Replacement Bonds.
(a) Notwithstanding the other provisions of this Resolution regarding registration,
ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines
to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations,
the Bonds shall be issued as Depository Bonds in denominations of the entire principal
amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said
principal amount less the prepaid amount); and such Depository Bonds shall be
registered in the name of Cede & Co., as nominee of DTC. Payment of semi-annual
interest for any Depository Bond shall be made by wire transfer or New York Clearing
House or equivalent next day funds to the account of Cede & Co. on the interest payment
date for the Bonds at the address indicated in or pursuant to the Representation Letter.
(b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall
have any responsibility or obligation to any Participant or to any Beneficial Owner.
Without limiting the immediately preceding sentence, neither the Issuer nor the Paying
Agent shall have any responsibility or obligation with respect to (i) the accuracy of the
records of DTC or its nominee or of any Participant with respect to any ownership interest
in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other
person, other than DTC or its nominee, of any notice with respect to the Bonds, (iii) the
payment to any Participant, any Beneficial Owner or any other person, other than DTC or
its nominee, of any amount with respect to the principal of, premium, if any, or interest on
the Bonds, or (iv) the failure of DTC to provide any information or notification on behalf of
any Participant or Beneficial Owner.
The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or
its nominee to be, the absolute owner of each Bond for the purpose of payment of the
principal of, premium, if any, and interest on such Bond, for the purpose of all other
matters with respect to such Bond, for the purpose of registering transfers with respect to
such Bonds, and for all other purposes whatsoever (except for the giving of certain Bond
holder consents, in accordance with the practices and procedures of DTC as may be
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applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and
interest on the Bonds only to or upon the order of the Bondholders as shown on the
Registration Books, and all such payments shall be valid and effective to fully satisfy and
discharge the Issuer's obligations with respect to the principal of, premium, if any, and
interest on the Bonds to the extent so paid. Notwithstanding the provisions of this
Resolution to the contrary (including without limitation those provisions relating to the
surrender of Bonds, registration thereof, and issuance in Authorized Denominations), as
long as the Bonds are Depository Bonds, full effect shall be given to the Representation
Letter and the procedures and practices of DTC thereunder, and the Paying Agent shall
comply therewith.
(c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its
functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that
the Bonds are no longer eligible for its depository services or (iii) a determination by the
Paying Agent that DTC has resigned or discontinued its services for the Bonds, if such
substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute
depository as set forth below or, if a satisfactory substitute is not found, (B) provide for
the exchange of Depository Bonds for replacement Bonds in Authorized Denominations.
(d) To the extent authorized by law, if the Issuer determines to provide for the
exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall
so notify the Paying Agent and shall provide the Registrar with a supply of executed
unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the
owners of the Bonds and provide for such exchange, and to the extent that the Beneficial
Owners are designated as the transferee by the owners, the Bonds will be delivered in
appropriate form, content and Authorized Denominations to the Beneficial Owners, as
their interests appear.
(e) Any substitute depository shall be designated in writing by the Issuer to the Paying
Agent. Any such substitute depository shall be a qualified and registered "clearing
agency" as provided in Section 17A of the Securities Exchange Act of 1934, as
amended. The substitute depository shall provide for (i) immobilization of the Depository
Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made
on records of the depository or its nominee and (iii) payment of principal of, premium, if
any, and interest on the Bonds in accordance with and as such interests may appear with
respect to such book entries.
Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery;
and Cancellation.
(a) Registration. The ownership of Bonds may be transferred only by the making of an
entry upon the books kept for the registration and transfer of ownership of the Bonds, and
in no other way. Wells Fargo Bank, National Association is hereby appointed as Bond
Registrar under the terms of this Resolution and under the provisions of a separate
agreement with the Issuer filed herewith which is made a part hereof by this reference.
Registrar shall maintain the books of the Issuer for the registration of ownership of the
Bonds for the payment of principal of and interest on the Bonds as provided in this
Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform
Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for
registration and transfer contained in the Bonds and in this Resolution.
(b) Transfer. The ownership of any Bond may be transferred only upon the
Registration Books kept for the registration and transfer of Bonds and only upon
surrender thereof at the office of the Registrar together with an assignment duly executed
by the holder or his duly authorized attorney in fact in such form as shall be satisfactory
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to the Registrar, along with the address and social security number or federal employer
identification number of such transferee (or, if registration is to be made in the name of
multiple individuals, of all such transferees). In the event that the address of the
registered owner of a Bond (other than a registered owner which is the nominee of the
broker or dealer in question) is that of a broker or dealer, there must be disclosed on the
Registration Books the information pertaining to the registered owner required above.
Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or
denominations permitted by this Resolution in aggregate principal amount equal to the
unmatured and unredeemed principal amount of such transferred fully registered Bond,
and bearing interest at the same rate and maturing on the same date or dates shall be
delivered by the Registrar.
(c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the
Registrar shall register, at the earliest practicable time, on the Registration Books, the
Bonds, in accordance with the provisions of this Resolution.
(d) Ownership. As to any Bond, the person in whose name the ownership of the same
shall be registered on the Registration Books of the Registrar shall be deemed and
regarded as the absolute owner thereof for all purposes, and payment of or on account of
the principal of any such Bonds and the premium, if any, and interest thereon shall be
made only to or upon the order of the registered owner thereof or his legal representative.
All such payments shall be valid and effectual to satisfy and discharge the liability upon
such Bond, including the interest thereon, to the extent of the sum or sums so paid.
(e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall
be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be
destroyed and a certificate of the destruction thereof shall be furnished promptly to the
Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled
Bonds to the Issuer.
(f) Non-Presentment of Bonds. In the event any payment check representing payment
of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is
not presented for payment of principal at the maturity or redemption date, if funds
sufficient to pay such principal of or interest on Bonds shall have been made available to
the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner
thereof for such interest or payment of such Bonds shall forthwith cease, terminate and
be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold
such funds, without liability for interest thereon, for the benefit of the owner of such Bonds
who shall thereafter be restricted exclusively to such funds for any claim of whatever
nature on his part under this Resolution or on, or with respect to, such interest or Bonds.
The Paying Agent's obligation to hold such funds shall continue for a period equal to two
years and six months following the date on which such interest or principal became due,
whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which
time the Paying Agent, shall surrender any remaining funds so held to the Issuer,
whereupon any claim under this Resolution by the Owners of such interest or Bonds of
whatever nature shall be made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the
Issuer's expense, one bond for each annual maturity. The Registrar shall furnish
additional bonds in lesser denominations (but not less than the minimum denomination)
to an owner who so requests.
Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any
outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the
request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond
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so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to
Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond
destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and
Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and
upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such
other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses
as the Issuer may incur in connection therewith.
Section 10. Record Date. Payments of principal and interest, otherwise than upon full
redemption, made in respect of any Bond, shall be made to the registered holder thereof or to
their designated agent as the same appear on the books of the Registrar on the 15th day
preceding the payment date. All such payments shall fully discharge the obligations of the Issuer
in respect of such Bonds to the extent of the payments so made. Payment of principal shall only
be made upon surrender of the Bond to the Paying Agent.
Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this
Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall
authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall
be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless
the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication
substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond
executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated
has been duly issued under this Resolution and that the holder thereof is entitled to the benefits
of this Resolution.
No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have
been provided the following:
1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds;
2. A written order of Issuer signed by the Treasurer of the Issuer directing the
authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment
of the purchase price as set forth therein;
3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity
and legality of all the Bonds proposed to be issued.
Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to
name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to
each registered bondholder.
Section 13. Form of Bond. Bonds shall be printed in substantial compliance with standards
proposed by the American Standards Institute substantially in the form as [provided].
Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a contract
between said City and the purchaser of the Bonds.
Section 15. Non-Arbitrage Covenants. The Issuer reasonably expects and covenants that no
use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder
which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of
Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and
that throughout the term of the Bonds it will comply with the requirements of statutes and
regulations issued thereunder.
To the best knowledge and belief of the Issuer, there are no facts or circumstances that
would materially change the foregoing statements or the conclusion that it is not expected that
the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage
bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with
the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption
Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is
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hereby directed to make and insert all calculations and determinations necessary to complete
the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption
Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants
of the Issuer at that date.
Section 16. Additional Covenants, Representations and Warranties of the Issuer. The Issuer
certifies and covenants with the purchasers and holders of the Bonds from time to time
outstanding that the Issuer through its officers, (a) will make such further specific covenants,
representations and assurances as may be necessary or advisable; (b) comply with all
representations, covenants and assurances contained in the Tax Exemption Certificate, which
Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the
owners of the Bonds;(c) consult with bond counsel (as defined in the Tax Exemption Certificate);
(d) pay to the United States, as necessary, such sums of money representing required rebates
of excess arbitrage profits relating to the Bonds;(e) file such forms, statements and supporting
documents as may be required and in a timely manner; and (f) if deemed necessary or
advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other
persons to assist the Issuer in such compliance.
Section 17. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be
amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such
amendment is necessary to maintain tax exemption with respect to the Bonds under applicable
Federal law or regulations.
Section 18. Continuing Disclosure. The Issuer hereby covenants and agrees that it will
comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the
provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part
of this Resolution and made a part hereof. Notwithstanding any other provision of this
Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be
considered an event of default under this Resolution; however, any holder of the Bonds or
Beneficial Owner may take such actions as may be necessary and appropriate, including
seeking specific performance by court order, to cause the Issuer to comply with its obligations
under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner"
means any person which (a) has the power, directly or indirectly, to vote or consent with respect
to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees,
depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal
income tax purposes.
Section 19. Severability Clause. If any section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof,
and this Resolution shall become effective immediately upon its passage and approval.
Section 20. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and
resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed.
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Passed and approved this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Day of Peace Partnership: City Manager recommending approval for the City to be listed as a
sponsor for the celebration of the United Nations International Day of Peace on September 21,
2010. Upon motion the documents were received, filed, and approved.
Miller Road Water Main Extension Project: City Manager recommending acceptance of the
Miller Road Water Main Extension Project as completed by McClain Excavating Company, Inc.
in the final contract amount of $129,834.43. Upon motion the documents were received and filed
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and Resolution No. 322-10 Accepting the Miller Road Water Main Extension Project and
authorizing payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 322-10
ACCEPTING THE MILLER ROAD WATER MAIN EXTENSION PROJECT AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Miller Road Water Main Extension Project
(the project) has been completed and the City’s Consultant Engineer, Alltrans, Inc. (the
engineer) of Cedar Rapids, Iowa has examined the work and filed a certificate stating the
Project has been completed according to the terms of the Public Improvement Contract and that
the Engineer recommends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the Miller
Road Water Main Extension Project appropriations for the contract amount of $129,834.43 less
any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay
such retainage only in accordance with the provisions of Iowa Code chapter 573.
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Passed, approved and adopted this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Human Rights Commission: Communication from the Human Rights Commission advising
the City Council of recent and upcoming endeavors of the Commission. Upon motion the
document was received and filed.
Agreement with the Community Foundation of Greater Dubuque for Project HOPE: City
Manager recommending approval of a contract for services with Community Foundation of
Greater Dubuque to assist in achieving the Project HOPE objectives. Upon motion the
documents were received, filed, and approved.
Catfish Creek Generator Project: City Manager recommending award of the contract for the
Catfish Creek Generator Project to A&G Electric, in the amount of $92,100. Upon motion the
documents were received and filed and Resolution No. 323-10 Awarding construction contract
for the Catfish Creek Pumping Station Generator Project was adopted.
RESOLUTION NO. 323-10
AWARDING CONSTRUCTION CONTRACT FOR THE CATFISH CREEK PUMPING STATION
GENERATOR PROJECT
Whereas, sealed proposals have been submitted by contractors for the
Catfish Creek Pumping Station Generator Project pursuant to Resolution No. 231-10 and
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notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 9
day of July, 2010.
Whereas, said sealed proposals were opened and read on the 6th day of August, 2010, and
it has been determined that the bid of A&G Electric, of Dubuque, Iowa, in the amount of
$92,100.00 was the lowest bid for the furnishings of all labor and materials and performing the
work as provided for the plans and specification.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvements be awarded to A&G Electric, and the Manager
be and is hereby directed to execute a contract on behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the approval of the contractor’s bond the City
Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders.
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Passed, approved and adopted this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Citizen Communications: Communication from Dionne T. Klauer, 2131 Concord Court,
regarding the lack of sidewalks on Marion Street from Fremont to the bottom of the hill at
Concord and Concord Court.
Communication from William Steppan requesting that the parking ordinance limiting one
parking permit per apartment and two permits per block be re-visited.
Upon motion the documents were received, filed, and referred to the City Manager.
Transit Board of Trustees: Communication from Lu Ann Schmidt advising that she is unable
to accept her appointment to the Transit Board of Trustees.
Communication from Ruth Scharnau advising that she will not be able to accept her re-
appointment to the Transit Board of Trustees.
Upon motion the documents were received and filed.
FAA Grant Funds Match Request: City Manager recommending approval to reallocate funds
from existing projects to meet the required 5% local match ($99,500) for Runway Safety Area
Improvements, Electronic Airport Layout Plan and Safety Management Systems. Upon motion
the documents were received, filed, and approved.
Grant Application for Innovative Human Resources Project: City Manager recommending
approval of the submission of a grant application to the International Public Management
Association for Human Resources and CPS Human Resource Services in the amount of
$25,000. Upon motion the documents were received, filed, and approved.
Safe Community Task Force Recommendations – Section 8 Policy Changes: City Manager
transmitting information about recent Section 8 rule changes adopted by the Dubuque Housing
Commission. Upon motion the documents were received and filed.
Signed Contracts: Bergfeld Trail Phase 2 Project – Change Order. Upon motion the
documents were received and filed.
Liquor License Transfer: Request of the Rotary Club of Dubuque to transfer their liquor
license to the Alliant Energy Outdoor Amphitheater on August 28, 2010 for the Irish Hooley
event. Upon motion the documents were received, filed, and approved.
Liquor License Refund: Request of Kristina L. Chapman, K-Chap Foods, for a refund of
Cigarette License #DBQ-059 in the amount of $75.00. Upon motion the documents were
received, filed, and the refund approved.
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Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution No.
324-10 Granting the issuance of a Class “B” Beer Permit (5 Day Special Event) to Clarke
University, Riverfest and Music n More; and a Class “C” Beer Permit to Sid’s Beverage, Ron’s
Discount Smokes and DBQ Quick Stop Mart; and Resolution No. 325-10 Granting the issuance
of a Class “C” Beer/Liquor License to Eagles Club, Courtside Sports Bar/Grill, Star Restaurant
and Lounge and Chances R; a Special Class “C” Liquor License to Tri-State Blind Society and
Bandana’s Bar-B-Q; a Special Class “C” Liquor License (5 Day Special Event) to Dubuque
Jaycees (8/19/10 and 9/2/10), Camp Albrecht Acres and Dubuque Fine Arts Society; a Special
Class “C” Liquor License (14 Day Special Event) to Dubuque Fine Arts Society; a Class “B”
Wine Permit to Sid’s Beverage Store; and a Class “WBN” Native Wine License to Mandolin Inn
were adopted.
RESOLUTION NO. 324-10
Whereas, applications for Beer Permits have been submitted and filed to this Council for
approval and the same have been examined and approved: and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a Beer
Permit.
CLASS “B” BEER PERMIT (5-DAY SPECIAL EVENT)
Clarke University of Dubuque Clarke University 1550 Clarke Drive
Riverfest, Inc. Riverfest +(Sunday Sale) Town Clock Plaza
Music n More Promotions Music n More Promotions Town Clock Plaza
CLASS “C” BEER PERMIT
Sid’s Beverage Store Sid’s Beverage+(Sunday Sale) 2727 Dodge Street
RKM, LLC Ron’s Discount Smokes/Beverage 3300 Asbury Road
+(Sunday Sale)
Dubuque Quick Stop Mart DBQ Quick Stop Mart 1401 Central Ave.
+(Sunday Sale)
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Passed, approved and adopted this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 325-10
Whereas, applications for Liquor Licenses have been submitted to this Council for approval
and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the State Laws and all City Ordinances relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Liquor License.
CLASS “C” BEER/LIQUOR LICENSE
Fraternal Order Eagles#568 Eagles Club(1 Day Outdoor Sale) 1175 Century Dr.
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Courtside, Inc. Courtside Sports Bar/Grill 2095 Holiday Dr.
+(Sunday/Outdoor Sale)
James Madison, Inc. Star Restaurant & Lounge 600 Star Brewery
+(Sunday/Outdoor Sale)
Donavon, Inc. Chances R +(Sunday/Outdoor Sale) 1046 Central Ave.
SPECIAL CLASS “C” LIQUOR
Tri-State Blind Society Tri-State Blind Society 3333 Asbury Rd.
Bandana’s Missouri, LLC Bandana’s Bar-B-Q+(Sunday Sale) 2035 JFK Rd.
SPECIAL CLASS “C” LIQUOR (5-DAY SPECIAL EVENT)
Dubuque Jaycees Dubuque Jaycees (8-19-10) Town Clock Plaza
Dubuque Jaycees Dubuque Jaycees (9-2-10) Town Clock Plaza
Camp Albrecht Acres Camp Albrecht Acres 350 / 400 E. 3 rd St.
(Oktoberfest 9-14-10)
Dubuque Fine Arts Dubuque Fine Arts Society+(Sunday Sale) 1000 Jackson St.
SPECIAL CLASS “C” LIQUOR (14-DAY SPECIAL EVENT)
Dubuque Fine Arts Dubuque Fine Arts Society+(Sunday Sale) 1000 Jackson St.
CLASS “B” WINE
Sid’s Beverage Store Sid’s Beverage Store 2727 Dodge Street
CLASS “WBN” NATIVE WINE LICENSE
Mandolin Inn Mandolin Inn 199 Loras Blvd
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Passed, approved and adopted this 16 day of August, 2010
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
License Agreement – Dubuque Community Ice and Recreation Center, Inc.: City Manager
recommending approval of a License Agreement between Dubuque Community Ice and
Recreation Center, Inc., and Northern Lights Hockey. Upon motion the documents were
received, filed, and approved.
Dubuque Community Ice and Recreation Center, Inc.: City Manager recommending approval
of the First Amendment to the Lease Agreement between the City of Dubuque and Dubuque
Community Ice and Recreation Center. Upon motion the documents were received and filed and
Resolution No. 326-10 Approving the First Amendment to the Lease Agreement between the
City of Dubuque, Iowa and Dubuque Community Ice and Recreation Center, Inc. was adopted.
RESOLUTION NO. 326-10
APPROVING THE FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND DUBUQUE COMMUNITY ICE & RECREATION CENTER, INC.
Whereas, on October 30, 2009, the City of Dubuque, Iowa, a municipal corporation (Lessor)
and Dubuque Community Ice & Recreation Center, Inc., an Iowa corporation (Lessee) entered
into a Lease Agreement for certain real property described therein; and
Whereas, the Lease Agreement provides for a term of 25 years commencing on October 30,
2009; and
Whereas, the Lease Agreement incorrectly states that the Lease terminates on October 29,
2024; and
Whereas, the correct termination date is October 29, 2034; and
Whereas, Lessor and Lessee now desire to clarify the term of the Lease Agreement with this
First Amendment; and
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Whereas, the City Council deems it in the public interest to amend the Lease Agreement as
set forth in the First Amendment to Lease Agreement attached hereto.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
Section 1. The First Amendment to Lease Agreement, a copy of which is attached hereto, is
hereby approved.
Section 2. The Mayor is hereby authorized and directed to sign the First Amendment on
behalf of the City of Dubuque, Iowa.
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Passed, approved and adopted this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Braig. Motion carried 6-0.
Sale of Property at 1699 Washington Street: City Manager recommending that a public
hearing be set for September 7, 2010 to consider the disposal of property located at 1699
Washington Street. Upon motion the documents were received and filed and Resolution No.
327-10 Resolution of Intent to dispose of City-owned property, specifically, Lot 2 of Lot 86 in
East Dubuque Addition in the City of Dubuque, County of Dubuque, Iowa, according to the
recorded plat thereof, 1699 Washington Street was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on September 7, 2010 in the Historic Federal Building.
RESOLUTION NO. 327-10
RESOLUTION OF INTENTION TO DISPOSE OF CITY-OWNED PROPERTY, SPECIFICALLY,
LOTS TWO (2) OF LOT EIGHTY-SIX (86) IN EAST DUBUQUE ADDITION IN THE CITY OF
DUBUQUE, COUNTY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT
THEREOF, 1699 WASHINGTON STREET
Whereas, the City of Dubuque has purchased certain real property for purpose of its
rehabilitation and re-sale for owner-occupied housing; and
Whereas, the City received an offer to purchase this property from a qualifying family;
Whereas, such purpose supports the Neighborhood Stabilization Program and Washington
Neighborhood Revitalization strategy as approved by the City Council; and
Whereas, by accepting the selected offer the City’s objectives of providing first-time
homeownership to a lower-income buyer and rehabilitation of a foreclosed home can be
realized;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest in the following
legally-described property:
“Lot Two (2) of Lot Eighty-Six (86) in East Dubuque Addition in the City of Dubuque, County
of Dubuque, Iowa, according to the recorded Plat thereof,
Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above
described real estate to KC James Summers for the sum of $40 000.
Section 3. That the City Clerk is hereby authorized and directed to cause this Resolution and
a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the
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City’s intent to dispose of the foregoing-described Property, to be held on the 7 day of August,
2010, at 6:30 o’clock p.m. at the Historic Federal Building, 650 West Locust, Dubuque, Iowa.
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Passed, approved and adopted this 16 day of August, 2010.
Roy D Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Five Points Traffic Signal Reconstruction Project: City Manager recommending initiation of
the public bidding process for the Five Points Traffic Signal Reconstruction Project and that a
public hearing be set for September 7, 2010 to consider approval of the plans and
specifications, form of contract and estimated cost. Upon motion the documents were received
and filed and Resolution No. 328-10 Preliminary approval of plans, specifications, form of
contract, and estimated cost, setting date of public hearing and ordering bids for the Five Points
Traffic Signal Reconstruction Project was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on September 7, 2010 in the Historic Federal Building.
RESOLUTION NO. 328-10
5 POINTS TRAFFIC SIGNAL RECONSTRUCTION PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT
FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the 5 Points
Traffic Signal Reconstruction Project, in the estimated amount $146,752.30, are hereby
preliminarily approved and ordered filed in the office of the City Clerk for public inspection.
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A public hearing will be held on the 7 day of September, 2010, at 6:30 p.m. in the Historic
Federal Building Council Chambers at which time interested persons may appear and be heard
for or against the proposed plans and specifications, form of contract and estimated cost of said
Project, and the City Clerk be and is hereby directed to cause the attached notice of the time
and place of such hearing to be published in a newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty
days prior to the date of such hearing. At the hearing, any interested person may appear and file
objections to the proposed plans, specifications, form of contract, or estimated cost of the
Project.
The 5 Points Traffic Signal Reconstruction 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
improvements herein provided, by publishing the attached Notice to Bidders to be published in a
newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be
published not less than four but not more than forty-five days before the date for filing bids
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before 2:00 p.m. on the 9 day of September, 2010. Bids shall be opened and read by the City
Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the
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20 day of September, 2010, in the Historic Federal Building Council Chambers (second floor),
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350 West 6 Street, Dubuque, Iowa.
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Passed, adopted and approved this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
General Obligation Loan Notes: City Manager recommending that a public hearing be set for
September 7, 2010 to consider the issuance of not to exceed $3,000,000 General Obligation
Capital Loan Notes. Upon motion the documents were received and filed and Resolution No.
329-10 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement
and the issuance of not to exceed $3,000,000 General Obligation Capital Loan Notes of
Dubuque, Iowa, and providing for the publication of notice thereof was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on September 7, 2010 in the Historic Federal
Building.
RESOLUTION NO. 329-10
RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $3,000,000 GENERAL
OBLIGATION CAPITAL LOAN NOTES OF THE CITY OF DUBUQUE, IOWA, AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa, should
provide for the authorization of a Loan Agreement and the issuance of General Obligation
Capital Loan Notes, to the amount of not to exceed $3,000,000, as authorized by Sections
384.24A and 384.25, Code of Iowa, as amended, for the purpose of providing funds to pay costs
of carrying out an essential corporate purpose project as hereinafter described; and
Whereas, the Loan Agreement and Notes shall be secured by the Debt Service Fund but are
expected to be payable from available Storm Water Utility revenues; and
Whereas, before a Loan Agreement may be authorized and General Obligation Capital Loan
Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the
provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of
the time and place of the meeting at which the Council proposes to take action for the
authorization of the Loan Agreement and Notes and to receive oral and/or written objections
from any resident or property owner of the City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street,
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Dubuque, Iowa, at 6:30 o'clock p.m. on the 7 day of September, 2010, for the purpose of
taking action on the matter of the authorization of a Loan Agreement and the issuance of not to
exceed $3,000,000 General Obligation Capital Loan Notes to evidence the obligations of the
City thereunder for an essential corporate purpose of the City, the proceeds of which will be
used to pay costs of constructing the Sycamore Street and 16th Street bridge improvements
being undertaken as part of the Bee Branch Creek Restoration Project.
Section 2. The Finance Director is authorized and directed to proceed on behalf of the City
with the negotiation of terms of a Loan Agreement and the issuance of General Obligation
Capital Loan Notes evidencing the City's obligations to a principal amount of not to exceed
$3,000,000, to distribute a Request for Proposals to purchase the Notes to local financial
institutions, to select a date for the final approval thereof, to cause to be prepared such notice
and sale information as may appear appropriate, to distribute the same on behalf of the City and
this Council and otherwise to take all action necessary to permit the completion of a loan on a
basis favorable to the City and acceptable to the Council.
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Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a
notice of the meeting, in a legal newspaper, printed wholly in the English language, published at
least once weekly, and having general circulation in the City. The publication to be not less than
four clear days nor more than twenty days before the date of the public meeting on the issuance
of the Notes.
Section 4. The notice of the proposed action shall be in substantially the [provided] form.
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Passed and approved this 16 day of August, 2010
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Sewer Revenue Capital Loan Notes: City Manager recommending that a public hearing be
set for September 20, 2010 to consider the issuance of not to exceed $10,100,000 Sewer
Revenue Capital Loan Notes. Upon motion the documents were received and filed and
Resolution No. 330-10 Fixing date for a meeting on the authorization of a Loan and
Disbursement Agreement and the issuance of not to exceed $10,100,000 Sewer Revenue
Capital Loan Notes of Dubuque, Iowa, and providing for the publication of notice thereof was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 20,
2010 in the Historic Federal Building.
RESOLUTION NO. 330-10
RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND
DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $10,100,000
STORM WATER UTILITY REVENUE CAPITAL LOAN NOTES OF DUBUQUE, IOWA, AND
DIRECTING PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa should
provide for the authorization of a Loan and Disbursement Agreement and the issuance of Storm
Water Utility Revenue Capital Loan Notes, in the amount of not to exceed $10,100,000, as
authorized by Sections 384.24A and 384.84A, Code of Iowa, as amended, for the purpose of
providing funds to pay costs as hereinafter described; and
Whereas, the City has applied for a loan through the Iowa Water Pollution Control Works
Financing Program pursuant to which the Iowa Finance Authority has agreed to purchase the
City's Notes and has requested that such Notes be issued as a single Note in a denomination
equal to the total amount of the issue as authorized by Chapter 384 of the City Code of Iowa;
and
Whereas, the Loan and Disbursement Agreement and Note shall be payable solely and only
out of the net earnings of the Storm Water Management Utility System and shall be a first lien
on the future net earnings of the Utility; and shall not be general obligations of the City or
payable in any manner by taxation and the City shall be in no manner liable by reason of the
failure of the net revenues to be sufficient for the payment of the Loan and Disbursement
Agreement and Note; and
Whereas, before a Loan and Disbursement Agreement may be authorized and Storm Water
Utility Revenue Capital Loan Notes issued to evidence the obligation of the City thereunder, it is
necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a
notice of the proposal and of the time and place of the meeting at which the Council proposes to
take action for the authorization of the Loan and Disbursement Agreement and Note and to
receive oral and/or written objections from any resident or property owner of the City to such
action, and the right to petition for an election thereon.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street,
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Dubuque, Iowa, at 6:30 o'clock p.m., on the 7 day of August, 2010, for the purpose of taking
action on the matter of the authorization of a Loan and Disbursement Agreement and the
issuance of not to exceed $10,100,000 Storm Water Utility Revenue Capital Loan Notes to
evidence the obligations of the City thereunder, the proceeds of which will be used to provide
funds to pay the costs of constructing storm water drainage projects and improvements,
including those costs associated with the Lower Bee Branch Creek Restoration Project and the
refinancing of a portion of the $1,889,521 General Obligation Capital Loan Notes Anticipation
Project Note, Series 2006, dated December 28, 2006, issued in respect of such costs.
Section 2. That the Clerk cause publication to be made of a notice of said meeting, in a legal
newspaper, printed wholly in the English language, published at least once weekly, and having
general circulation in said City, said publication not less than thirty (30) clear days before the
date of said public meeting on the issuance of the Note.
Section 3. The notice of the proposed action shall be in substantially the [provided] form.
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Passed and approved this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions: Airport Commission: Two 4-year terms through August 14, 2014
(Terms of Accinelli and Daoud). Applicants: Steven Accinelli, 3007 Huntington Drive; and
Charles Daoud, 396 Moore Heights.
Appointments to the following Boards/Commissions: Historic Preservation Commission: One
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3-year term through July 1, 2013, (Term of Whalen) West 11 Street Historic Preservation
District resident requirement. Applicant: Dr. John Whalen, 1105 Highland Place. Motion by Braig
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to appoint John Whalen to the Historic Preservation Commission (W. 11 Street Historic
Preservation District) for a 3-year term through July 1, 2013. Seconded by Connors. Motion
carried 6-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City Council.
Southwest Arterial Project: North Cascade Road Reconstruction: Proof of publication on
notice of public hearing on the plans, specifications, form of contract and estimated cost for the
North Cascade Road Reconstruction Project (Phase I of the Southwest Arterial Project) and City
Manager recommending award of the contract to C.J. Moyna & Sons, Inc. in the amount of
$1,591,521.32, subject to Iowa Department of Transportation approval. Motion by Jones to
receive and file the documents and adopt Resolution No. 331-10 Approving plans,
specifications, form of contract and estimated cost for the North Cascade Road Reconstruction
– Grading and Paving Project; and Resolution No. 332-10 Awarding public improvement
contract for the North Cascade Road Reconstruction – Grading and Paving Project. Seconded
by Connors. Robert Runde, 13097 N. Cascade Road, questioned how the project will be
constructed while allowing for through traffic, why the overpasses are scheduled for construction
ahead of the main project, and who will be responsible for maintaining the final roadway.
Assistant City Engineer Bob Schiesl stated that it is a more efficient and effective expenditure of
available funds to keep the project moving forward adding that overpasses will be constructed
46
parallel to impacted cross roads to allow for through traffic and that the County has the
responsibility of maintaining the final roadway. Motion carried 6-0.
RESOLUTION NO. 331-10
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE NORTH CASCADE ROAD RECONSTRUCTION - GRADING & PAVING
PROJECT (SOUTHWEST ARTERIAL - PHASE I), IOWA DOT PROJECT NO. HDP-
2100(655)--71-31
That the proposed plans, specifications, form of contract and estimated cost for the North
Cascade Road Reconstruction – Grading & Paving Project (Southwest Arterial – Phase I), Iowa
DOT Project No. HDP-2100(655)--71-31, in the estimated amount $2,583,468.00, are hereby
approved.
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Passed, adopted and approved this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 332-10
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE NORTH CASCADE ROAD
RECONSTRUCTION - GRADING & PAVING PROJECT (SOUTHWEST ARTERIAL - PHASE
I), IOWA DOT PROJECT NO. HDP-2100(655)--71-31
Whereas, said sealed proposals were opened and read by the Iowa Department of
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Transportation on the 20 day of July, 2010 and it has been determined that C.J. Moyna &
Sons, Inc. of Elkader, Iowa, with a bid in the amount of $1,591,521.32 is the lowest responsive,
responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to C.J. Moyna & Sons,
Inc., subject to the concurrence by Iowa Department of Transportation (Iowa DOT), and the City
Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of
Dubuque for the Project.
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Passed, approved and adopted this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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Request to Rezone – 380 East 21 Street: Proof of publication on notice of public hearing to
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consider a request from Michelle Mihalakis to rezone property located at 380 East 21 Street
from R-2A Alternate Two-Family Residential District to OR Office Residential District and Zoning
Advisory Commission recommending approval. Motion by Connors to receive and file the
documents and that the requirement that a proposed ordinance be considered and voted on for
passage at two Council meetings prior to the meeting at which it is to be passed be suspended.
Seconded by Lynch. Motion carried 6-0. Michelle Mihalakis, 2545 Jackson Street; Jenny
Manders, 1990 Ellis Street; and Theresa Caldwell, 1633 Elm Street, spoke in support of the
proposed ordinance. Planning Services Manager Laura Carstens provided a staff report.
Motion by Connors for final consideration and passage of Ordinance No. 47-10 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying
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hereinafter described property located at 380 East 21 Street from R-2A Alternate Two-Family
Residential to OR Office Residential District. Seconded by Braig. Motion carried 6-0.
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OFFICIAL PUBLICATION
ORDINANCE NO. 47-10
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY
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LOCATED AT 380 E. 21 STREET FROM R-2A ALTERNATE TWO-FAMILY RESIDENTIAL
TO OR OFFICE RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, is hereby amended by reclassifying the hereinafter described property from R-2A
Alternate Two-Family Residential District to OR Office Residential District, to wit: East 41 feet of
south 42 feet of Lot 1 of 97 L. H. Langworthy’s Addition, and to the centerline of the adjoining
public right-of-way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect upon publication, as provided by law.
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Passed, approved and adopted this 16 day of August, 2010.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 19 day of August, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
Request for Text Amendment – Definition of Townhouse: Proof of publication on notice of
public hearing to consider a request from the City of Dubuque to amend Article 2 – Unified
Development Code to modify the definition of a townhouse and Zoning Advisory Commission
recommending approval. Motion by Connors to receive and file the documents and that the
requirement that a proposed ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig.
Motion carried 6-0. Planning Services Manager Laura Carstens provided a staff report.
Motion by Connors for final consideration and passage of Ordinance No. 48-10 Amending
Title 16 of the City Of Dubuque Code of Ordinances, Unified Development Code, by amending
Article 2 Definitions by modifying the definition of Townhouse. Seconded by Braig. Motion
carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 48-10
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY AMENDING ARTICLE 2 DEFINITIONS BY MODIFYING THE
DEFINITION OF TOWNHOUSE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, is hereby amended by amending Article 2 Definitions by modifying the definition of
townhouse as follows: Townhouse: a one family dwelling unit, with a private entrance in a group
of three or more units, which part of a structure whose dwelling units are attached horizontally in
a linear arrangement and having a total exposed front and at least one other building wall
exposed to allow for access, light and ventilation.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
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Section 3. This ordinance shall take effect immediately upon publication, as provided by law.
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Passed, approved and adopted this 16 day of August, 2010.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 19 day of August, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
Request for Text Amendment – Commercial Recreation District: Proof of publication on
notice of public hearing to consider a request from the City of Dubuque to amend Article 5 –
Unified Development Code to allow upper floor housing units in the CR Commercial Recreation
District as a permitted use and Zoning Advisory Commission recommending approval. Motion
by Lynch to receive and file the documents and that the requirement that a proposed ordinance
be considered and voted on for passage at two Council meetings prior to the meeting at which it
is to be passed be suspended. Seconded by Connors. Motion carried 6-0. Planning Services
Manager Laura Carstens provided a staff report.
Motion by Lynch for final consideration and passage of Ordinance No. 49-10 Amending Title
16 of the City Of Dubuque Code of Ordinances, Unified Development Code, by amending Article
5, Zoning Districts, to allow residential use above the first floor only as a principal permitted use
in the CR Commercial Recreation District. Seconded by Braig. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 49-10
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY AMENDING ARTICLE 5, ZONING DISTRICTS, TO ALLOW
RESIDENTIAL USE ABOVE THE FIRST FLOOR ONLY AS A PRINCIPAL PERMITTED USE
IN THE CR COMMERCIAL RECREATION DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code Article 5-17.1 is hereby amended as follows:
5-17.1:
30. Residential use above the first floor only.
31. Retail sales and service
32. Tour home
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by law.
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Passed, approved and adopted this 16 day of August, 2010.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 19 day of August, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
Request for Text Amendment – Light Industrial District: Proof of publication on notice of
public hearing to consider a request from the City of Dubuque to amend Article 5 – Unified
Development Code to allow residential use as a conditional use in LI Light Industrial and MHI
Modified Heavy Industrial Districts and Zoning Advisory Commission recommending approval.
Motion by Connors to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the meeting
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at which it is to be passed be suspended. Seconded by Lynch. Motion carried 6-0. Planning
Services Manager Laura Carstens provided a staff report.
Motion by Connors for final consideration and passage of Ordinance No. 50-10 Amending
Title 16 of the City Of Dubuque Code of Ordinances, Unified Development Code, by amending
Article 5, Zoning Districts, to allow adding residential use as a conditional use in the LI Light
Industrial and MHI Modified Heavy Industrial Districts. Seconded by Braig. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 50-10
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY AMENDING ARTICLE 5, ZONING DISTRICTS, TO ALLOW
ADDING RESIDENTIAL USE AS A CONDITIONAL USE IN THE LI LIGHT INDUSTRIAL AND
MHI MODIFIED HEAVY INDUSTRIAL DISTRICTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code Article 5-18.2 and 5-20.2, is hereby amended as follows:
5-18.2:
3. Residential Use
4. Wind Energy Conversion System
5-20.2:
4. Residential Use
5. Wind Energy Conversion System
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by law.
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Passed, approved and adopted this 16 day of August, 2010.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 19 day of August, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
73 CHS Forwards, LLC – Development Agreement: Proof of publication on notice of public
hearing to consider entering into a Development Agreement with 73 CHS Forwards, LLC on the
property located at 299 Main Street, the former Cooper Wagon Works building, and City
Manager recommending approval. Motion by Lynch to receive and file the documents and adopt
Resolution No. 333-10 Approving a Development Agreement with 73 CHS Forwards, LLC for
the property located at 299 Main Street. Seconded by Braig. Responding to questions from City
Council, Economic Development Director Dave Heiar clarified that the referenced apartments
are market-rate/workforce housing. Motion carried 6-0.
RESOLUTION NO. 333-10
APPROVING A DEVELOPMENT AGREEMENT WITH 73 CHS FORWARDS, LLC FOR THE
PROPERTY LOCATED AT 299 MAIN STREET.
Whereas, the City of Dubuque, Iowa, has created Downtown Incentive Programs for the
purpose of stimulating reinvestment in the Greater Downtown Urban Renewal District; and
Whereas, the City of Dubuque, Iowa is encouraging the use of these loan/grant programs to
finance code compliance activities and to spur job creation activities; and
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Whereas, the grant application from 73 CHS Forwards, LLC meets the requirements of this
program; and
Whereas, it is the determination of this Council that approval of the Development Agreement
for the rehabilitation of the Property by 73 CHS Forwards, 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 with 73 CHS Forwards, LLC is hereby accepted
and approved.
Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of
the City of Dubuque, Iowa, the attached Development Agreement with 73 CHS Forwards, LLC.
Section 3. That the City Manager is hereby authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, all necessary grant documents and is further authorized to
disburse grant funds from the Downtown Incentive Programs, in accordance with the terms and
conditions of the executed agreement.
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Passed, approved and adopted this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Conservation Easement Agreement for Preservation of the Dubuque Shot Tower: Proof of
publication on notice of public hearing to consider a Conservation Easement Agreement for
Preservation of the Dubuque Shot Tower and City Manager recommending approval. Motion by
Lynch to receive and file the documents and approve the recommendation. Seconded by Braig.
Motion carried 6-0.
Upon motion the rules were reinstated limited discussion to the City Council.
ACTION ITEMS
Sale of Water Revenue Bonds – Series 2010D: City Manager advising that the results of the
sale of $5,700,000 Water Revenue Bonds, Series 2010D will be brought to the August 16, 2010
City Council meeting for approval. Motion by Connors to receive and file the documents and
adopt Resolution No. 334-10 Directing sale of Water Revenue Bonds, Series 2010D. Seconded
by Braig. Budget Director Jenny Larson provided a summary of the bond sale. Motion carried 6-
0.
RESOLUTION NO. 334-10
RESOLUTION DIRECTING SALE OF WATER REVENUE BONDS, SERIES 2010D
Whereas, pursuant to notice as required by law, bids have been received at public sale for
the Bonds described as follows and the best bid received is determined to be the following:
WATER REVENUE BONDS, SERIES 2010D:
Bidder: Robert W. Baaird & Co., Inc., of Milwaukee, Wisconsin, the terms of said bid
being:
Principal Amount: $5,700,000.00
Purchase Price: $5,732,114.45
True Interest Cost: 3.5352%
Net Interest Cost: $2,580,420.97
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the bid for the Bonds as above set out is hereby determined to be the best
and most favorable bid received and, said Bonds are hereby awarded based on said bid.
Section 2. That the form of contract for the sale of said Bonds is hereby approved and the
Mayor and Clerk are authorized to execute the same on behalf of the City.
Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk
done in furtherance of the sale of said Bonds are hereby ratified and approved.
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Passed and approved, this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
State of Iowa Financial Assistance Application for Sedgwick Claims Management, Inc.: City
Manager recommending approval of a financial assistance application to the Iowa Department
of Economic Development on behalf of Sedgwick Claims Management, Inc. Motion by Connors
to receive and file the documents and adopt Resolution No. 335-10 Authorizing the filing of an
application for State Financial Assistance on behalf of Sedgwick Claims Management Services,
Inc. Seconded by Resnick. Motion carried 6-0.
RESOLUTION NO. 335-10
AUTHORIZING THE FILING OF AN APPLICATION FOR STATE FINANCIAL ASSISTANCE
ON BEHALF OF SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.
Whereas, Sedgwick Claims Management, Inc. has proposed the expansion of its operations
in Dubuque, Iowa and Bellevue, Iowa; and
Whereas, the City Council of Dubuque, Iowa has considered said proposal and has
determined that the proposed project will contribute to the local economy through the creation of
150 total jobs; 106 new jobs for area residents and 44 new jobs for the City of Bellevue; and
Whereas, the Iowa Department of Economic Development's 130% Component Financial and
High Quality Jobs Program (HQJP) Assistance Program was designed to assist in the economic
development efforts of local jurisdictions; and
Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the 130%
Component program and HQJP Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of an application for participation in the 130% Component Financial
Assistance Program on behalf of Sedgwick Claims Management, Inc. is hereby approved.
Section 2. That the local match identified in the application estimated at $467,880 consisting
of TIF rebates for increased building valuation estimated at $2 million to the company is hereby
approved, subject to the 130% Component and HQJP application approval. The Schedule of
TIF rebates are as follows:
2012 $66,840
2013 $66,840
2014 $66,840
2015 $66,840
2016 $66,840
2017 $66,840
2018 $66,840
Section 3. That the Mayor is hereby authorized to execute and the City Manager is hereby
directed to submit said application to the Iowa Department of Economic Development together
with such documents as may be required.
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Passed, approved, and adopted this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Every Child / Every Promise: Request of Community Foundation of Greater Dubuque Vice
President of Programs Eric Dregne to address the City Council to provide an update on the
efforts of Every Child / Every Promise. Motion by Jones to receive and file the information.
Seconded by Braig. Mr. Dregne, 700 Locust Street, provided an oral report. Motion carried 6-0.
Lower Bee Branch Creek Reconstruction Project: City Manager recommending award of the
public improvement contract for the Lower Bee Branch Creek Reconstruction Project to
Tschiggfrie Excavating Co. in the amount of $10,836,588.85. A video regarding the Lower Bee
Branch Creek Reconstruction Project and recent flooding in the area was shown. Motion by
Connors to receive and file the documents and adopt Resolution No. 336-10 Awarding public
improvement contract for the Lower Bee Branch Creek Reconstruction Project. Seconded by
Braig. Responding to questions from City Council, Civil Engineer Deron Muehring stated that
despite improvements in upstream detention basins, the Bee Branch Creek sewer is still under
capacity adding that increases in the non-residential storm water fee would be a multiple of the
residential storm water fee, which can include credit for pervious surfaces. Muehring said that
final costs could come in lower than originally bid. Motion carried 6-0.
RESOLUTION NO. 336-10
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE LOWER BEE BRANCH
CREEK RESTORATION PROJECT
Whereas, sealed proposals have been submitted by contractors for the Lower Bee Branch
Creek Restoration Project (the Project) pursuant to Resolution No. 112-10 and Notice to Bidders
published in a newspaper published in the City of Dubuque, Iowa on the 23rd day of April, 2010;
and
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Whereas, said sealed proposals were opened and read on the 25 day of May, 2010 and it
has been determined that Tschiggfrie Excavating Co. of Dubuque, Iowa, with a bid in the
amount of $10,836,588.85, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Tschiggfrie
Excavating Co. and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
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Passed, approved and adopted this 16 day of August, 2010.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Reorganization of the Human Rights Department: City Manager recommending approval of a
proposed reorganization of the Human Rights Department to implement one of the Safe
Community Task Force recommendations. Motion by Jones to receive and file the documents
and approve the recommendation. City Attorney Barry Lindahl explained what City Attorney
services would be outsourced and how staff duties would be restructured to accommodate the
Human Rights Department work. Seconded by Connors. Motion carried 6-0.
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Acceptance of Petition and Waiver Agreements – Historic Millwork District: City Manager
recommending acceptance of the Petition and Waiver Agreements from the property owners
donating the right-of-way in the Millwork District. This item was removed from the agenda.
Antique Police Car: City Manager recommending acceptance of the charitable donation of an
antique 1948 Chevrolet Stylemaster sedan which replicates a Dubuque Police Department
Accident Prevention Bureau vehicle. Motion by Jones to receive and file the documents and
approve the recommendation. Seconded by Resnick. Motion carried 6-0.
Tax Increment Financing Ordinance for the Greater Downtown Urban Renewal District: City
Manager recommending adoption of an ordinance amending the tax increment financing district
for the Greater Downtown Urban Renewal District. Motion by Connors to receive and file the
documents and that the requirement that a proposed ordinance be considered and voted on for
passage at two Council meetings prior to the meeting at which it is to be passed be suspended.
Seconded by Braig. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 51-10 Amending
Ordinance Nos. 58-09, 60-08, 63-07, 20-07, 35-04, 30-82 and 66-89, as previously amended,
providing that general property taxes levied and collected each year on all property located
within the Greater Downtown Urban Renewal District of the City of Dubuque, County of
Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of
Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special
fund for payment of principal and interest on loans, monies advanced to and indebtedness,
including bonds issued or to be issued, incurred by said City in connection with the Urban
Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Braig. Motion
carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 51-10
AMENDING ORDINANCE NOS. 58-09, 60-08, 63-07, 20-07, 35-04, 30-82 AND 66-89, AS
PREVIOUSLY AMENDED, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND
COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE GREATER
DOWNTOWN URBAN RENEWAL DISTRICT OF THE CITY OF DUBUQUE, COUNTY OF
DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY
OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT,
AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF
PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS,
INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN
CONNECTION WITH THE URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN
URBAN RENEWAL DISTRICT
Whereas, the City Council of the City of Dubuque, Iowa (the "City") has heretofore, in
Ordinance No. 30-82, provided for the division of taxes within the original Downtown Dubuque
Urban Renewal Project, Iowa R-15, described in Resolution No. 123-67 adopted on May 18,
1967, pursuant to Section 403.19 of the Code of Iowa; and
Whereas, the original Downtown Dubuque Urban Renewal Project, Iowa R-15, subsequently
was amended by Resolution No. 79-71 approved on March 15, 1971, by Resolution No. 73-74
approved on March 11, 1974, by Resolution No. 107-82 approved on May 3, 1982, by
Resolution No. 191-84 approved on June 25, 1984, by Resolution No. 371-93 approved on
December 6, 1993, by Resolution No. 145-94 approved on May 2, 1994, by Resolution No. 479-
97 approved on November 17, 1997, by Resolution No. 476-98 approved on October 19, 1998
54
and by Resolution No. 187-02 approved on April 1, 2002, which amendments, among other
things, added areas referred to as the Old Main Subarea, Town Clock Expansion Subarea and
Upper Main Subarea to the area of the Downtown Dubuque Urban Renewal District; and
Whereas, consistent with the foregoing amendments, Ordinance No. 30-82 subsequently was
amended by Ordinance Nos. 23-94, 36-94, 67-97, and 26-02 to provide for the division of taxes
within the several subareas of the amended Downtown Dubuque Urban Renewal District; and
Whereas, the City Council of the City has heretofore, in Ordinance No. 66-89, provided for
the division of taxes within the original Ice Harbor Urban Renewal District, described in
Resolution No. 403-89 adopted on December 18, 1989, pursuant to Section 403.19 of the Code
of Iowa; and
Whereas, the original Ice Harbor Urban Renewal District subsequently was amended by
Resolution No. 241-00 approved on June 5, 2000 and by Resolution 114-02 approved on March
4, 2002, which amendments, among other things, added an additional area referred to as
Subarea B to the area of the Ice Harbor Urban Renewal District; and
Whereas, consistent with the foregoing amendment, Ordinance No. 66-89 subsequently was
amended by Ordinance No. 97-00 to provide for the division of taxes within the two subareas of
the amended Ice Harbor Urban Renewal District; and
Whereas, the original Downtown Dubuque Urban Renewal District and the original Ice Harbor
Urban Renewal District and their respective Subareas were combined into a single urban
renewal area, under the terms of an Urban Renewal Plan for the Greater Downtown Urban
Renewal District, pursuant to Resolution No. 170-04 adopted on April 19, 2004; and
Whereas, consistent with foregoing amendment, Ordinance Nos. 30-82 and 66-89 were
amended by Ordinance No. 35-04 to provide for the division of taxes within the various sub-
areas of the Greater Downtown Urban Renewal District; and
Whereas, the Urban Renewal Plan for the Greater Downtown Urban Renewal District was
amended and restated as an Amended and Restated Urban Renewal Plan, pursuant to
Resolution No. 108-07 approved on February 20th, 2007, to provide for, among other things, the
further expansion of the Greater Downtown Urban Renewal District to include additional areas
described as the Ice Harbor Subarea C; and
Whereas, consistent with the foregoing amendment, Ordinance No.35-04 was amended by
Ordinance No. 20-07 to provide for the division of taxes within Ice Harbor Subarea C of the
Greater Downtown Urban Renewal District; and
Whereas, the Urban Renewal Plan for the Greater Downtown Urban Renewal District was
further amended and restated as an Amended and Restated Urban Renewal Plan, pursuant to
Resolution No. 597-07 approved on December 17, 2007, for the purpose of expanding the
Greater Downtown Urban Renewal District to include additional areas described as the
Warehouse Subarea and the South Main Subarea, and
Whereas, consistent with the foregoing amendment, Ordinance No. 20-07 was amended by
Ordinance No. 63-07 to provide for the division of taxes within the Warehouse Subarea and the
South Main Subarea of the Greater Downtown Urban Renewal District; and
Whereas, the Urban Renewal Plan for the Greater Downtown Urban Renewal District was
further amended and restated as an Amended and Restated Urban Renewal Plan, pursuant to
Resolution No. 300-08 approved on September 2, 2008, for the purpose of expanding the
Greater Downtown Urban Renewal District to include additional areas described as the South
Port Subarea; and
Whereas, consistent with the foregoing amendment, Ordinance No. 63-07 was amended by
Ordinance No. 60-08 to provide for the division of taxes within the South Port Subarea of the
Greater Downtown Urban Renewal District; and
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Whereas, the Urban Renewal Plan for the Greater Downtown Urban Renewal District was
further amended and restated as an Amended and Restated Urban Renewal Plan, pursuant to
Resolution No. 393-09 approved on October 5, 2009, for the purpose of expanding the Greater
Downtown Urban Renewal District to include additional areas described as the Cable Car
Subarea; and
Whereas, consistent with the foregoing amendment, Ordinance No. 60-08 was amended by
Ordinance No. 58-09 to provide for the division of taxes within the Cable Car Subarea of the
Greater Downtown Urban Renewal District; and
Whereas, the Urban Renewal Plan for the Greater Downtown Urban Renewal District was
further amended and restated as an Amended and Restated Urban Renewal Plan, pursuant to
Resolution No. 269-10 approved on July 19, 2010, for the purpose of expanding the Greater
Downtown Urban Renewal District to include additional areas described as the Bluff Street
Subarea, and
Whereas, indebtedness has been incurred by the City, and additional indebtedness is
anticipated to be incurred in the future, to finance urban renewal project activities within the
combined area known as the Greater Downtown Urban Renewal District (the “Greater
Downtown Urban Renewal District”), and the continuing needs of redevelopment within the
Greater Downtown Urban Renewal District are such as to require the continued application of
the incremental tax resources of the Greater Downtown Urban Renewal District; and
Whereas, the following enactment is necessary to accomplish the objectives described in the
premises.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Ordinance No. 58-09 (amending Ordinance 60-08, Ordinance 63-07, amending Ordinance
No. 20-07, amending Ordinance No. 35-04, amending Ordinance No. 30-82, as amended by
Ordinance Nos. 23-94, 36-94, 67-97, and 26-02, and Ordinance No. 66-89, as amended by
Ordinance No. 97-00) is hereby amended to read as follows:
Section 1: For purposes of this Ordinance, the following terms shall have the following
meanings:
(a) Original Town Clock Subarea shall mean that portion of the Amended Project Area
initially described in the Urban Renewal Plan for the Downtown Dubuque Urban Renewal
Project, Iowa R-15, approved by Resolution No. 123-67 on May 18, 1967, as amended
by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban
Renewal District approved by Resolution No. 108-07 on February 20th, 2007, which
Original Town Clock Subarea includes the lots and parcels located within the area now
legally described as follows:
Beginning at the intersection of the north right-of-way line of Ninth Street with the east
right-of-way line of Central Avenue; thence south along the east right-of-way line of
Central Avenue to its intersection with the south right-of-way line of Fourth Street; thence
west along the south right-of-way line of Fourth Street to its intersection with the west
right-of-way line of Locust Street; thence north along the west right-of-way line of Locust
Street to its intersection with the north right-of-way line of Ninth Street, but also including
the adjacent City Lots 623 and 624 (Dubuque Museum of Art), the Locust Street Parking
Ramp between 8th and 9th Streets and the former U.S. Federal Building located on City
Lots 101, 102, 139, 140, and the N 54.5’ of City Lots 103 & 138, and the vacated alley
between said lots; thence east along the north right-of-way line of Ninth Street to its
intersection with the east right-of-way line of Central Avenue, but also including the
adjacent Iowa Inn property and the public parking lot known as Parking Lot Number 1
located between 9th and 10th Streets east of Iowa Street, to the point of beginning.
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(b) Old Main Subarea shall mean that portion of the Amended Project Area initially
described in the Amended and Restated Urban Renewal Plan for the Downtown
Dubuque Urban Renewal District approved by Resolution No. 145-94 on May 2, 1994,
which Old Main Subarea includes the lots and parcels located within the area legally
described as follows:
Beginning at the intersection of the south right-of-way line of Fourth Street with the
east right-of-way line of Central Avenue; thence west along the south right-of-way line of
Fourth Street to the west right-of-way line of Locust Street; thence south along the west
right-of-way line of Locust Street to the north right-of-way line of the Locust Street
Connector; thence east along the north right-of-way line of the Locust Street Connector to
the west right-of-way line of Highways 151/61; thence north along the west right-of-line of
Highways 151/61 to the point of beginning.
(c) Town Clock Expansion Subarea shall mean that portion of the Amended Project
Area initially described in the Amended and Restated Urban Renewal Plan for the
Downtown Dubuque Urban Renewal District approved by Resolution No. 479-97 on
November 17, 1997, which Town Clock Expansion Subarea includes the lots and parcels
located within the area legally described as follows:
South 1/2 of City Lot 167, City Lot 168 and City Lot 168A; Lots 1 & 2 of City Lots 204,
205, 206, 207 and 208, N. 23' of City Lot 263, S. 28.5' of City Lot 263, N. 1/2 of City Lot
262, S. 1/2 of City Lot 262, N. 1/2 of City Lot 261, all in Section 24, Township 89 North,
Range 2 East, 5th P.M., Dubuque County, Iowa and any adjoining public right-of-way.
(d) Upper Main Subarea shall mean that portion of the Amended Project Area initially
described in the Amended and Restated Urban Renewal Plan for the Downtown
Dubuque Urban Renewal District approved by Resolution No. 187-02 on April 1, 2002, as
amended by the Amended and Restated Urban Renewal Plan for the Greater Downtown
Urban Renewal District approved by Resolution No. 108-07 on February 20th, 2007,
which Upper Main Subarea includes the lots and parcels located within the area legally
described as follows:
On the North by Fourteenth Street, on the West by Locust Street but also including
adjacent City Lots 660, 659, 658A and 658 except the south 1’ of City Lot 658 (Carnegie-
Stout Public Library), on the South by the Town Clock Expansion Subarea and on the
East by Central Avenue, including all public rights-of-way.
(e) Ice Harbor Subarea A shall mean that portion of the Amended Project Area initially
described in the Urban Renewal Plan for the Ice Harbor Urban Renewal District approved
by Resolution No. 403-89 on December 18, 1989, which Ice Harbor Subarea A includes
the lots and parcels located within the area legally described as follows:
that area generally bounded on the north by the public alley located between the
vacated Fourth Street and Third Street, on the west by the Chicago, Central and Pacific
Railroad right-of-way, on the south by East First Street and on the east by the municipal
limits of the City of Dubuque, Iowa and including any adjoining public right-of-way.
(f) Ice Harbor Subarea B shall mean that portion of the Amended Project Area initially
described in the Amended and Restated Urban Renewal Plan for the Ice Harbor Urban
Renewal District approved by Resolution No. 241-00 on June 5, 2000, which Ice Harbor
Subarea B includes the lots and parcels located within the area legally described as
follows:
that area generally bounded on the north and west by the Chicago, Central and Pacific
Railroad right-of-way, on the south by the northerly boundary of the Ice Harbor Subarea
A and on the east by the municipal limits of the City of Dubuque, Iowa (excluding Lot 1
Adams Co.'s 2nd Addition) and including any adjoining public right-of-way.
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(g) Ice Harbor Subarea C shall mean a portion of the Amended Project Area added by
the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban
Renewal District approved by Resolution No. 108-07 on February 20th, 2007, consisting
of Lot 1 Adams Co.’s 2nd Addition and any adjoining public right-of-way.
(h) Warehouse Subarea shall mean a portion of the Amended Project Area added by
the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban
Renewal District approved by Resolution No. 597-07 on December 17, 2007, which
Warehouse Subarea includes the lots and parcels located within the area legally
described as follows:
Commencing as a point of reference at the intersection of the centerlines of 11th
Street and Central Avenue in the City of Dubuque, Dubuque County, Iowa, said point
being the point of beginning; thence northeasterly along the centerline of 11th Street to a
point of intersection with the centerline of White Street; thence northwesterly along the
centerline of White Street to a point of intersection with the centerline of 12th Street;
thence northeasterly along the centerline of 12th Street and extension thereof to a point
of intersection with the centerline of US Highways 151 and 61; thence southwesterly
along the centerline of US Highways 151 and 61 to a point of intersection with the
centerline of 4th Street extended; thence southwesterly along the centerline of 4th Street
and extension thereof to a point of intersection with the centerline of Central Avenue;
thence northwesterly along the centerline of Central Avenue to a point of intersection with
the centerline of 9th Street; thence southwesterly along the centerline of 9th Street to a
point of intersection with the westerly line of City Lot 259 extended southerly; thence
northwesterly along the westerly line of City Lot 259, and Lots 1 and 2 of the Subdivision
of the South ½ of City Lot 261 and City Lot 260 to the southwest corner of the N ½ of City
Lot 261; thence northeasterly along the southerly line of the N ½ of City Lot 261 and
extension thereof to a point of intersection with the centerline of Central Avenue; thence
northwesterly along the centerline of Central Avenue to a point of intersection of 11th
Street also being point of beginning; and including any adjoining public right-of-way.
(i) South Main Subarea shall mean a portion of the Amended Project Area added by
the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban
Renewal District approved by Resolution No. 597-07 on December 17, 2007, which
South Main Subarea includes the lots and parcels located within the area legally
described as follows:
Commencing as a point of reference at a point of intersection of the centerline of
Locust Street with the Locust Street Connector in the City of Dubuque, Dubuque County,
Iowa, said point being the point of beginning; thence northeasterly along the centerline of
the Locust Street Connector to a point of intersection with the centerline of US Highways
52, 61, and 151; thence southeasterly along the centerline of US Highways 52, 61, and
151 to a point of intersection with the centerline of the eastern section of Jones Street
extended southwesterly; thence southwesterly along said extension of the centerline of
the eastern section of Jones Street to a point of intersection with the centerline of Main
Street; thence northwesterly along the centerline of Main Street to a point of intersection
with the centerline of Jones Street; thence northwesterly along the centerline of Jones
Street to a point of intersection with the easterly line of Lot 2D of vacated Shields Street
extended northerly; thence southeasterly along the easterly line of Lot 2D of vacated
Shields Street to the southeasterly corner of said Lot 2D; thence southwesterly along the
southerly lines of Lot A and Lot 2D of vacated Shields Street and Lot 1 of 2 of City Lot
543 extended westerly to a point of intersection with the centerline of Locust Street;
thence northeasterly along the centerline of Locust Street to a point of intersection with
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the centerline of the Second Street Connector, also being the point of beginning; and
including any adjoining public right-of-way.
(j) South Port Subarea shall mean a portion of the Amended Project Area added by
the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban
Renewal District approved by Resolution No. 300-08 on September 2, 2008, which South
Port Subarea includes the lots and parcels located within the area legally described as
follows:
Beginning at a point of reference at the northwest corner of lot 2AA of Cooper Wagon
Works Block in the City of Dubuque, Dubuque County Iowa, said pint being on the
southerly right of way line of East First Street; Thence southeasterly along the southerly
right of line of East First Street and extension thereof to the municipal limits of the City of
Dubuque; Thence southerly along said municipal limits to a point of intersection with the
southern right of way line of Railroad Ave. extended easterly; Thence southwesterly
along said right of way line extension there to the southeast corner of lot A, Block 15
Dubuque Harbor Company’s Addition; Thence northwesterly along the easterly line of
said Lot A to the northerly right of way line of Railroad Ave., and south line of lot 1 of 5 of
Block 27 Dubuque Harbor Company’s Addition; Thence northwesterly along the westerly
lines of lots 1 of 5, 1 of 4, 1 of 3, 1 of 2 and 1 of 1 of said Block 27 to the south line of lot
4A of said Block 17; Thence westerly to the easterly right of way line of vacated Water
Street; Thence northwesterly along said easterly line to the southwesterly corner of lot 2
of said Block 17; Thence westerly along the extension of the southerly line of said Lot 2
to the westerly line of Vacated Water Street; Thence southeasterly along said westerly
right of way line to the southerly corner of lot 2 of Block 18 of Dubuque Harbor
Company’s Addition; Thence northwesterly along the westerly line of said lot 2 to a point
of intersection with the southerly right of way line of vacated Charter St; Thence
southwesterly along said right of way line and extension thereof the centerline of South
Main Street; Thence northwesterly along said centerline to the northerly line of lot 5,
Block 13 Dubuque Harbor Company’s Addition extended northeasterly; Thence
southwesterly along said line to the easterly line of lots 7 and 8 of said Block 13; Thence
southeasterly along the easterly lines of said lots 7 & 8 and extension thereof to the
centerline of Charter Street; Thence southwesterly along said centerline to the centerline
of Salina Street; Thence northwesterly along said centerline to the northerly line of lot 1 of
3 of Block C of Industrial Sub. No. 1 extended northeasterly; Thence southwesterly along
the northerly lines of said lot 1 of 3 and Lot 2 of said Block C extended to the westerly
right of way line of Harrison St.; Thence northerly along the easterly line of the West Part
of Lot 1 of 1 of 1 of 1 of P.J. Seippel Lumber Company Place; Thence westerly along the
southerly lines of lots 1 of 1 of 2 of 1 and Lot 2 of 1 of 2 of 1 and extension thereof to the
centerline of relocated South Locust St; Thence northerly along said centerline to the
centerline of Dodge St; Thence easterly along said centerline of Dodge Street to a point
of intersection with the westerly line of Lot E of vacated Shields Street extended
southerly; Thence northerly along said westerly line to the northwest corner of said lot E;
Thence easterly along the north line of said lot E and Lot 6 Block 11 of Dubuque Harbor
Company’s Addition and extension thereof to the centerline of Main Street; Thence
southeasterly along the centerline of Main St. to the centerline of Dodge Street; Thence
easterly along the centerline of Dodge St to the intersection of Highway 61/151; Thence
northwesterly along said centerline to a point of intersection with the southerly right of
way line of East First Street; Thence southeasterly along said right of way line to the point
of beginning.
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(k) Cable Car Subarea shall mean a portion of the Amended Project Area added by
the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban
Renewal District approved by Resolution No. 393-09 on October 5, 2009, which Cable
Car Subarea includes the lots and parcels located within the area legally described as
follows:
Commencing as a point of reference at the intersection of the centerlines of Second
Street and Locust Street in the City of Dubuque, Dubuque County, Iowa, said point being
the point of beginning; Thence southeasterly along the centerline of Locust Street to a
point of intersection with the centerline of First Street; Thence southwesterly along the
centerline of First Street to a point of intersection with the centerline of Bluff Street;
Thence northwesterly along the centerline of Bluff Street to a point of intersection with the
centerline of Emmett Street; Thence southwesterly along the centerline of Emmett Street
to a point of intersection with the centerline of St. Mary’s Street; Thence northwesterly
along the centerline of St. Mary’s Street and to a point of intersection with the northerly
line of Cathedral Center extended southwesterly; Thence northeasterly along the
northerly line of Cathedral Center to a point of intersection with the westerly right of way
line of Bluff Street; Thence northwesterly along said westerly right of way line of Bluff
Street and extension thereof to a point of intersection with the centerline of Third Street;
Thence southwesterly along the centerline of Third Street to a point of intersection with
the westerly line of Lot 1 of the East 78 ft. of the South 100 ft. of Lot 4 of City Lot 692
extended southerly; Thence northwesterly along said westerly line to a point of
intersection with the southerly line of Fenelon Point Subdivision; Thence northeasterly
along said southerly line to a point of intersection with the westerly line of Lot 2 of 2 of
City Lot 692;Thence northwesterly along said westerly line and westerly line of Lot 1 of 2
of City Lot 692 to a point of intersection with the southerly right of way line of W. Fourth
Street; Thence northeasterly across W. Fourth Street to the southwest corner of Lot 1 of
Evan’s Place, said point also being on the northerly right of way line of W. Fourth Street;
Thence northwesterly along the west line of said Lot 1 to the southeast corner of Lot 34
of Cooper Heights Addition; Thence continuing northwesterly along the easterly line of
Lots 34, 35, 36 and 37 of Cooper Heights Addition to a point of intersection with the
southerly right of way line of W. Fifth Street; Thence northeasterly to a point of
intersection in the centerline of W. Fifth Street approximately 270 feet southwesterly of
the centerline of Bluff Street; Thence northwesterly along the centerline of W. Fifth Street
to a point of intersection with the southerly line of Coriell’s Dubuque also being the
northerly right of way line of W. Fifth Street; Thence northeasterly along said right of way
line of W. Fifth St. to the southwest corner of Lot 1 of City Lot 690;Thence northwesterly
along the westerly line of said Lot 1 to the northwest corner of said Lot 1;Thence
northeasterly along the northerly line of said Lot 1 to the northeast corner of said Lot
1;Thence southeasterly along the easterly line of said Lot 1 to a point of intersection with
the northerly line of the south 62.5 ft. of the north 64 ft. of City lot 617;Thence
northeasterly along said northerly line and extension thereof to a point of intersection with
the centerline of Bluff Street; Thence southeasterly along the centerline of Bluff Street to
a point of intersection with the northerly line of the south 10 ft. of City Lot 138 extended
southwesterly; Thence northeasterly along said northerly line and northerly line of the
south 10 ft. of the south 34.6 ft. of City Lot 103 and extension thereof to a point of
intersection with the centerline of Locust Street; Thence southeasterly along the
centerline of Locust Street to a point of intersection with the centerline of Second Street,
said point being the point of beginning.
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(l) Bluff Street Subarea shall mean a portion of the Amended Project Area added by
the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban
Renewal District approved by Resolution No. 269-10 on July 19, 2010, which Bluff Street
Subarea includes the lots and parcels located within the area legally described as
follows:
Commencing as a point of reference at the intersection of the centerlines of W. Sixth
Street and Bluff Street in the City of Dubuque, Dubuque County, Iowa, said point being
the point of beginning; thence southeasterly along the centerline of Bluff Street to a point
of intersection with the northerly line of the south 62.5 ft. of the north 64 ft. of City Lot 617
extended southeasterly; thence southwesterly along said northerly line to the easterly line
of Lot 1 of City Lot 690; thence northwesterly along the easterly line of said Lot 1 to the
northeast corner of said Lot 1; thence southwesterly along the northerly line of said Lot 1
to the northwest corner of said Lot 1; thence southeasterly along the westerly line of said
Lot 1 to a point of intersection with northerly right of way line of W. Fifth Street; thence
southwesterly along said right of way line of W. Fifth St. to the southeast corner of the
South 73’ of Lot 13 of Coriell’s Dubuque; thence northwesterly 73’ along the easterly line
of said South 73’ of Lot 13 of Coriell’s Dubuque to the northeast corner of the South 73’
of Lot 13 of Coriell’s Dubuque; thence southwesterly along the northerly line of said
South 73’ of Lot 13 of Coriell’s Dubuque to a point of intersection with westerly line of Lot
13 of Coriell’s Dubuque; thence northwesterly along said westerly line of Lot 13 to a point
of intersection with the southerly line of Lot 33 of Coriell’s Dubuque; thence northeasterly
along said southerly line of Lot 33 to a point of intersection with the westerly line of Lot 14
of Coriell’s Dubuque’ thence northwesterly along said westerly line of said Lot 14 to a
point of intersection with the southerly line of Lot 34 of Coriell’s Dubuque; thence
northeasterly along said southerly line of Lot 34 to the easterly line of Coriell’s Dubuque;
thence northwesterly along said easterly line Lots 34, 35, 36, 37, 38, and 44 of Coriell’s
Dubuque to the northwest corner of the North 50’ of Lot 1 of Lot 1 of City Lot 653; thence
northeasterly along the northerly line of said North 50’ of Lot 1 of Lot 1 of City Lot 653 to
the southeast corner of Lot 1 of McKinlay’s Subdivision; thence northwesterly along said
easterly line of said Lot 1 and extension thereof to a point of intersection with the
centerline of West Eighth Street; thence northwesterly along said centerline of West
Eighth Street to a point of intersection with the westerly line of Lot 1 of the Subd’n. of City
Lot 688 and part of City Lot 654 extended southerly; thence northwesterly along said
westerly line of Lot 1 and extension thereof northerly to a point of intersection with the
centerline of West Ninth Street; thence southwesterly along the centerline of West Ninth
Street to a point of intersection with the southerly extension of the westerly line of Lot 2 of
Lot 12 of Central Addition; thence northwesterly along said westerly right of Lot 2 of Lot
12 to the northwest corner of said Lot; thence northeasterly along the northerly line of
said Lot 2 of Lot 12 to the northeast corner of said Lot; thence southeasterly along said
easterly line of said Lot 2 of Lot 12 to the southwest corner of Lot 1 of Lot 11 of Central
Addition; thence northeasterly along the southerly line of Lot 1 of Lot 11 and Lot 1 of Lot
10 of Central Addition to a point of intersection with the westerly line of Lot 1 of Lot 9 of
Central Addition; thence northwesterly along said westerly line of Lot 1 of Lot 9 to a point
of intersection with the southerly right of way line of a public alley in Central Addition;
thence northeasterly along said southerly line to a point of intersection with the westerly
line of Lot 1 of 1 of 10 of Lorimer’s Subdivision; thence northwesterly along said westerly
line of said Lot 1 of 1 of 10 to the northerly line of Lorimer’s Subdivision; thence
northeasterly along the northerly line of Lorimer’s Subdivision to the southeast corner of a
public alley between Corkery’s Subdivision and City Lot 655; thence northwesterly along
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the easterly right of way line of said alley to a point of intersection with West Eleventh
Street; thence southwesterly along centerline of West Eleventh Street to a point of
intersection with the centerline of Grove Terrace; thence northwesterly along centerline of
Grove Terrace to a point of intersection with the northerly right of way line of Arlington
Street; thence northeasterly along the northerly right of way line of Arlington Street to the
southeast corner of City Lot 769B; thence northwesterly along the easterly line of said
City Lot 769B to a point of intersection with the southerly line of Lot 3 of Brown’s
Subdivision; thence southwesterly along the southerly line of said Lot 3 to the southwest
corner of said lot; thence northwesterly along the westerly line of said Lot 3 and extension
thereof to a point of intersection with the centerline of Loras Boulevard; thence
northeasterly along said centerline to a point of intersection with the centerline of Locust
Street; thence southeasterly along the centerline of Locust Street to a point of
intersection with the centerline of W. Eleventh Street; thence southwesterly along the
centerline of W. Eleventh Street to a point of intersection with the centerline of Bluff
Street; thence southeasterly along the centerline of Bluff Street to a point of intersection
with the extension of the southerly line of City Lot 658A; thence northeasterly along the
southerly line of City Lot 658A extended and the southerly line of City Lot 658, except the
southerly one foot thereof, extended to a point of intersection with the centerline of Locust
Street; thence southeasterly along the centerline of Locust Street to a point of
intersection with the centerline of West Ninth Street; thence southwesterly along the
centerline of West Ninth Street to a point of intersection with the centerline of Bluff Street;
thence southeasterly along the centerline of Bluff Street to a point of intersection with the
centerline of West Eighth Street; thence northeasterly along the centerline of West Eighth
Street to a point of intersection with the centerline of Locust Street; thence southeasterly
along the centerline of Locust Street to a point of intersection with the northerly line of
City Lot 624 extended northeasterly; thence southwesterly along the northerly line of City
Lot 624 extended southeasterly to the centerline of a public alley; thence southeasterly
along the centerline of a public alley to a point of intersection with the centerline of W.
Seventh Street; thence northeasterly along the centerline of W. Seventh Street to a point
of intersection with Locust Street; thence southeasterly along the centerline of Locust
Street to a point of intersection with West Sixth Street; thence southwesterly along the
centerline of West Sixth Street to a point of intersection with Bluff Street said point being
the point of beginning.
(m) Amended Project Area shall mean the areas of the City of Dubuque, Iowa included
within the Original Town Clock Subarea, the Old Main Subarea, the Town Clock
Expansion Subarea, the Ice Harbor Subarea A, the Ice Harbor Subarea B, the Ice Harbor
Subarea C, the Warehouse Subarea, the South Main Subarea, the South Port Subarea,
the Cable Car Subarea, and the Bluff Street Subarea, each as described in this Section.
(n) Urban Renewal Plan shall mean the Amended and Restated Urban Renewal Plan
for the Greater Downtown Urban Renewal District, approved by Resolution No. 269-10
on July 19, 2010, as the same may be amended from time to time.
Section 2: The taxes levied on the taxable property in the Amended Project Area, legally
described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque,
County of Dubuque, Dubuque Community School District, and all other taxing districts from and
after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance
provided.
Section 3: As to the Original Town Clock Subarea, that portion of the taxes which would be
produced by the rate at which the tax is levied each year by or for each of the taxing districts
taxing property in the Original Town Clock Subarea upon the total sum of the assessed value of
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the taxable property in the Original Town Clock Subarea as shown on the assessment roll as of
January 1, 1966, being the assessment roll last equalized prior to the date of the initial adoption
of the Urban Renewal Plan for the Downtown Dubuque Urban Renewal Project, Iowa R-15,
shall be allocated to and when collected be paid into the fund for the respective taxing district as
taxes by or for said taxing district into which all other property taxes are paid. The taxes so
determined shall be referred herein as the "base period taxes" for such subarea.
As to the Old Main Subarea, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 1993, being
the assessment roll as of January 1 of the calendar year preceding the effective date of
Ordinance No. 23-94.
As to the Town Clock Expansion Subarea, base period taxes shall be computed in the
same manner using the total assessed value shown on the assessment roll as of January 1,
1996, being the assessment roll as of January 1 of the calendar year preceding the effective
date of Ordinance No. 67-97.
As to the Upper Main Subarea, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 2001, being
the assessment roll as of January 1 of the calendar year preceding the effective date of
Ordinance No. 26-02.
As to the Ice Harbor Subarea A, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 1988, being
the assessment roll as of January 1 of the calendar year preceding the effective date of
Ordinance No. 66-89.
As to the Ice Harbor Subarea B, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 1999, being
the assessment roll as of January 1 of the calendar year preceding the effective date of
Ordinance No. 97-00.
As to the Ice Harbor Subarea C, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 2006, being
the assessment roll as of January 1 of the calendar year preceding the effective date of
Ordinance No. 20-07.
As to the Warehouse Subarea, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 2006, being
the first day of the calendar year preceding the effective date of Ordinance No. 63-07.
As to the South Main Subarea, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 2006, being
the first day of the calendar year preceding the effective date of Ordinance No. 63-07.
As to the South Port Subarea, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 2007, being
the first day of the calendar year preceding the effective date of Ordinance No. 60-08.
As to the Cable Car Subarea, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 2008, being
the first day of the calendar year preceding the effective date of Ordinance 58-09.
As to the Bluff Street Subarea, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 2009, being
the first day of the calendar year preceding the effective date of this Ordinance.
Section 4: That portion of the taxes each year in excess of the base period taxes for the
Amended Project Area, determined for each subarea thereof as provided in Section 3 of this
Ordinance, shall be allocated to and when collected be paid into the special tax increment fund
previously established by the City of Dubuque to pay the principal of and interest on loans,
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monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise,
including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa,
incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal
projects undertaken within the Amended Project Area pursuant to the Urban Renewal Plan,
except that taxes for the regular and voter-approved physical plant and equipment levy of a
school district imposed pursuant to Section 298.2 of the Code of Iowa (but only to the extent
required under Section 403.19(2)) and taxes for the payment of bonds and interest of each
taxing district shall be collected against all taxable property within the Amended Project Area
without any limitation as hereinabove provided.
Section 5: Unless or until the total assessed valuation of the taxable property in the subareas
of the Amended Project Area exceeds the total assessed value of the taxable property in said
subareas shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the
taxes levied and collected upon the taxable property in the Amended Project Area shall be paid
into the funds for the respective taxing districts as taxes by or for the taxing districts in the same
manner as all other property taxes.
Section 6: At such time as the loans, monies advanced, bonds and interest thereon and
indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all monies
thereafter received from taxes upon the taxable property in the Amended Project Area shall be
paid into the funds for the respective taxing districts in the same manner as taxes on all other
property.
Section 7: All ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be
construed so as to continue the division of taxes from property within the Amended Project Area
under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance Nos. 58-
09, 60-08, 63-07, 20-07, 35-04, 30-82 and 66-89, as amended by Ordinance Nos. 23-94, 36-94,
67-97, 26-02 and 97-00, and to fully implement the division of taxes in the Bluff Street Subarea.
In the event that any provision of this Ordinance shall be determined to be contrary to law it shall
not affect other provisions or application of this Ordinance which shall at all times be construed
to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the
Amended Project Area and the territory contained therein.
Section 8: This Ordinance shall be in effect after its final passage, approval and publication
as provided by law.
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Passed and approved this 16 day of August, 2010.
/s/Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Read first time: August 16, 2010
Read second time: August 16, 2010
Read third time: August 16, 2010
Passed and Approved: August 16, 2010
Published: August 20, 2010
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Published officially in the Telegraph Herald Newspaper the 20 day of August, 2010.
/s/Jeanne F. Schneider, CMC, City Clerk
Dubuque County Historical Society Lease for Mississippi Plaza Property – Tabled from
August 2, 2010 Meeting: City Manager recommending approval of the amended lease
agreement between the Dubuque County Historical Society and the City of Dubuque for the
development of the proposed Mississippi Plaza, subject to the approval of the associated sub-
lease agreements and the Vision Iowa contract.
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Vision Iowa: River Enhancement Community Attraction and Tourism Program Grant
Agreement: City Attorney recommending approval of a proposed River Enhancement
Community Attraction and Tourism Program Grant Agreement by and among the Vision Iowa
Board, Dubuque County Historical Society and the City of Dubuque.
Motion by Jones to table these two items until the September 7, 2010 City Council meeting.
Seconded by Braig. Motion carried 6-0.
There being no further business, upon motion the City Council adjourned at 8:47 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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