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Resolution Approving a Collateral Assignment of Development Agreement by and between the City of Dubuque, Iowa and Hitzler Rental, LLC to Bellevue State BankCity of Dubuque City Council PUBLIC HEARINGS # 5. Copyrighted February 16, 2026 ITEM TITLE: Resolution Approving a Collateral Assignment of Development Agreement by and between the City of Dubuque, Iowa and Hitzler Rental, LLC to Bellevue State Bank SUMMARY: Proof of publication on notice of public hearing to consider City Council adopt the attached Resolution approving the Collateral Assignment of Development Agreement by and between the City of Dubuque, Iowa and Hitzler Rental, LLC assigning rights to Bellevue State Bank for the redevelopment of 2541 Central Avenue, and City Manager recommending approval. RESOLUTION Approving A Collateral Assignment Of Development Agreement By And Between The City Of Dubuque, Iowa And Hitzler Rental, LLC To Bellevue State Bank For Property At 2541 Central SUGGUESTED Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: MVM Memo - Hitzler Rental, LLC Assigning Rights to Bellevue State Bank for the Redevelopment of 2541 Central Avenue 2. Staff Memo 3. Assignment - Signed 4. Resolution Page 601 of 1214 Dubuque THE CITY OF uFA�a9a av DuBE 13 Masterpiece on the Mississippi zoo�•*o rP PP 2017202019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Resolution Approving a Collateral Assignment of Development Agreement by and between the City of Dubuque, Iowa and Hitzler Rental, LLC Assigning Rights to Bellevue State Bank for the Redevelopment of 2541 Central Avenue DATE: February 10, 2026 Economic Development Director Jill Connors is recommending City Council adopt the attached Resolution approving the Collateral Assignment of Development Agreement by and between the City of Dubuque, Iowa and Hitzler Rental, LLC assigning rights to Bellevue State Bank for the redevelopment of 2541 Central Avenue. On October 20, 2025, the Dubuque City Council entered into a Development Agreement with Hitzler Rental, LLC by Resolution No. 343-25. The Development Agreement included a downtown housing creation grant of $50,000 ($10,000 x 5 units), a downtown rehabilitation grant of $35,000, and a fifteen -year tax increment financing award estimated to not exceed $40,000. There is no impact to the budget as these incremental property tax rebates have already been authorized and incorporated into the terms of the Development Agreement. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Jill Connors, Economic Development Director Page 602 of 1214 Dubuque Economic Development Department THE CITY OF 1300 (wain street All-AM111094 Dubuque, Iowa 52001-4763 UB E vxxwi Office (563) 589-4393 1 I I TTY (563) 690-6678 I® http://www.cityofdubuque.org 2007-2012*2013 Masterpiece on the Mississippi 2017*2019 TO: Michael C. Van Milligen, City Manager FROM: Jill M. Connors, Economic Development Director SUBJECT: Resolution Approving a Collateral Assignment of Development Agreement by and between the City of Dubuque, Iowa and Hitzler Rental, LLC Assigning Rights to Bellevue State Bank for the Redevelopment of 2541 Central Avenue DATE: February 10, 2026 INTRODUCTION This memorandum presents for City Council review and approval a Resolution approving a Collateral Assignment of Development Agreement by and between the City of Dubuque, Iowa and Hitzler Rental, LLC assigning rights to Bellevue State Bank for the redevelopment of 2541 Central Avenue. BACKGROUND On October 20, 2025, the Dubuque City Council entered into a Development Agreement, as amended, with Hitzler Rental, LLC by Resolution No. 343-25. The Development Agreement included a downtown housing creation grant of $50,000 ($10,000 x 5 units), a downtown rehabilitation grant of $35,000, and a fifteen -year tax increment financing award estimated to not exceed $40,000. Tax Increment Financing (TIF) incentives provide a reimbursement of a portion of the additional property tax revenue generated by a development project, calculated on the incremental increase in assessed value, and applied after the project has been fully completed. DISCUSSION Hitzler Rental, LLC has secured construction financing for the redevelopment project through Bellevue State Bank. As part of the financing arrangement, Hitzler Rental, LLC has assigned its rights to the grants and TIF incentive to Bellevue State Bank. This structure enables Hitzler Rental, LLC to access upfront capital for project development and Page 603 of 1214 subsequently apply the TIF proceeds toward repayment of a portion of the construction loan upon project completion. BUDGETIMPACT There is no impact to the budget as these incremental property tax rebates have already been authorized and incorporated into the terms of the Development Agreement. RECOMMENDATION I respectfully request City Council adopt the attached Resolution approving the Collateral Assignment of Development Agreement by and between the City of Dubuque, Iowa and Hitzler Rental, LLC assigning rights to Bellevue State Bank for the redevelopment of 2541 Central Avenue. F, Page 604 of 1214 COLLATERAL ASSIGNMENT OF DEVELOPMENT AGREEMENT THIS COLLATERAL ASSIGNMENT OF DEVELOPMENT AGREEMENT (this "Assignment") is made as of Sri %&o% 3 , 2026, by and among Hitzler Rental, LLC, an Iowa limited liability company ("Borrower/Developer" further known as "Assignor") in favor of Bellevue State Bank ("Lender"). RECITALS A. Borrower owns, or will own, the property located at 2541 Central Avenue, located in the City of Dubuque, State of Iowa (the "Property"). Borrower intends to develop the Property as a up to 5-unit multi -family apartment project located on the Property with other related improvements (collectively, the "Project") B. Subject to the terms and conditions of that certain Loan Agreement between Borrower and Lender of even date herewith (the "Loan Agreement"), Lender has made a term loan to the Borrower (the "Term Loan"), as evidenced by a Term Note dated October 22, 2025. C. Borrower and the City of Dubuque (the "City") entered into that certain Development Agreement, dated October 20, 2025, pursuant to which the City has agreed to provide Economic Development Grants to Borrower or Developer estimated up to a principal amount of $40,000.00 (the "TIF Payments") and incentive grant payments up to a principal amount of $85,000.00 ($10,000.00 per unit up to five units for the Downtown Housing incentive and $35,000.00 for the Downtown Rehabilitation Grant), collectively the ("Grant Payments"). D. Lender requires Assignor to execute and deliver this Assignment as collateral for the Loans. AGREEMENTS NOW, THEREFORE, in consideration of the foregoing and of the mutual promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Borrower, Borrower hereby agrees as follows: 1. Assignment. As security for Borrower's obligations under the Notes, the Loan Agreement and the other documents evidencing or securing the Loans (collectively, the "Loan Documents") (collectively, the "Obligations"), Assignor hereby collaterally assigns to Lender all of its right, title, and interest in and to the Development Agreement, including all of Assignor's rights to receive the TIF Payments thereunder, it being understood and agreed that, if and when the Obligations are satisfied in full, then this Assignment shall terminate. 2. Lender's Rights Upon Default. If a default occurs under the Loan Documents beyond any applicable notice and cure period (an "Event of Default"), then Lender may at its option upon written notice to Borrower and the City, but without any obligation to do so, elect to assume Assignor's rights and obligations under the Development Agreement, in which case Lender shall have all of the rights and obligations of Assignor under the Development Agreement from. and after the date of notice to the City. Prior to the occurrence of an Event of Default and the written Page 605 of 1214 election by Lender to assume Assignor's rights and obligations under the Development Agreement, nothing in this Agreement shall be construed as an assumption by Lender of any liability or obligation of Assignor under the Development Agreement. Nothing herein constitutes a release by the City of Assignor from its obligations under the Development Agreement even if Lender elects to assume Assignor's rights and obligations thereunder, and to the extent the Developer Agreement is not performed by Lender; Assignor remains responsible to the City for all of its obligations under the Development Agreement. 3. Performance of Assignor. Assignor shall faithfully abide by, perform and discharge each of Assignor's obligations, covenants and agreements under the Development Agreement and shall take such actions as may be necessary or required under the Development Agreement to cause the Minimum Investment in the Project and the prompt commencement of TIF Payments to Borrower thereafter. Without the prior written consent of Lender, Assignor shall not (a) modify or in any way alter the terms of the Development Agreement, (b) pledge or assign the Development Agreement, (c) waive any of its rights under the Development Agreement, (d) terminate or surrender the Development Agreement, or (d) cause or permit the TIF Payments to be made to any party but Borrower of Lender. Developer hereby acknowledges and agrees and directs the City that all TIF Payments shall be paid to Borrower (not to Developer). 4. TIF Loan Proceeds. Borrower shall, immediately upon receipt of any TIF Payments from the City, deposit such funds into Borrower's operating account established with Lender; which funds may be used to pay Project Operating Expenses or disbursed only in accordance with Borrower's Operating Agreement. Upon notice from Lender to the City, with a copy to Borrower, of an Event of Default under the Loan Documents or otherwise upon Lender's request, Borrower and Developer authorize and direct the City to make the TIF Payments due to Borrower to Lender directly. The City shall have no obligation to verify any of the information in such notice. 5. Grant Loan Proceeds. Borrower shall, immediately upon receipt of any Grant Payments from the City, deposit such funds into Borrower's operating account established with Lender; which funds may be used to pay Project Operating Expenses or disbursed only in accordance with Borrower's Operating Agreement. Upon notice from Lender to the City, with a copy to Borrower, of an Event of Default under the Loan Documents or otherwise upon Lender's request, Borrower and Developer authorize and direct the City to make the Grant Payments due to Borrower to Lender directly. The City shall have no obligation to verify any of the information in such notice. 6. Protect Security. At Borrower's sole cost and expense, Borrower shall appear and defend any action or proceeding arising under, during, out of or in any manner connected with the Development Agreement or the obligations, duties or liabilities of Assignor under the Development Agreement, and shall pay any reasonable costs and expense of Lender, including reasonable attorneys' fees, in any such action or proceeding in which Lender decides, in its sole discretion, to appear. 7. Representations and Covenants. Assignor represents and warrants that (a) Assignor has the full right to collaterally assign the Development Agreement; (b) the Development Agreement is valid, is in full force and effect and has not been modified or amended; (c) Lender shall have a first priority lien and security interest in and to the Development Agreement 2 Page 606 of 1214 and the TIF Payments, there are no outstanding assignments or pledges of the Development Agreement or TIF Payments and Assignor shall not make any further assignments or pledges of the Development Agreement or TIF Payments during the term of the loans without the consent of Lender; and (e) there are no existing defaults, rights of setoff, or claims for additional payments under the Development Agreement. 8. Authorization. Upon an Event of Default, Assignor irrevocably constitutes and appoints Lender its true and lawful attorney -in -fact in Assignor's name or in Lender's name, or otherwise, to enforce all rights of Assignor under the Development Agreement, and such power, being coupled with an interest, is irrevocable. 9. No Liability For Lender. Subject to the Provisions of Section 2, Lender shall not be obligated to perform or discharge and does not by this Assignment, undertake to perform or discharge any obligation, duty or liability under the Development Agreement. 10. Assignor Holds Lender Harmless. Assignor shall indemnify and hold Lender harmless of and from (a) any and all liability, loss or damage which it incurs under the Development Agreement or by reason of this Assignment; and (b) any and all claims and demands which are asserted against it by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants or agreements contained in the Development Agreement. The amount of all such liabilities, losses, damages, claims and demands, and the cost of defending against them, including costs, expenses and reasonable attorneys' fees, are secured by this Assignment and constitute part of the Obligations. Assignor shall reimburse Lender for such amounts immediately upon demand. 11. Security Interest in Aereements. In addition, Assignor hereby grants to Lender a security interest in Assignor's right, title, and interest in the Development Agreement and the TIF Payments, if and to the extent that a security interest may be granted therein under the Uniform Commercial Code, and Assignor acknowledges that Lender shall have all of the rights and remedies with respect thereto provided for by the Uniform Commercial Code, in addition to the other rights and remedies herein granted to Lender, in the event of the occurrence of an Event of Default. 12. Successors and Assigns. This Assignment shall be binding upon Assignor and its successors and assigns, and shall insure to the benefit of Lender, its successors and assigns. Assignor shall not assign its obligations or interests under the TIF Agreement or under this Assignment without Lender's prior written consent. 13. Governing Law. This Assignment shall be governed by the laws of the State of Iowa. 14, Validity Clause. This Assignment shall confer to Lender the rights and benefits described in this Assignment to the full extent allowable by law. The unenforceability or invalidity of any of the provisions of this Assignment shall not render any other provision or provisions unenforceable or invalid. Any provision found to be unenforceable shall be severable from this Assignment without invalidating the remainder of such provision or the remaining provisions of this Assignment. Page 607 of 1214 15. Notices And Approvals. Any notice that either party may desire or may be required to give to any other party shall be in writing and shall be delivered as required under the Loan Documents, and, with respect to Assignor, shall be sent to the following address: c/o Bellevue State Bank, 200 S 2nd Street, Bellevue, Iowa 52031. 16. Counterparts. This Assignment may be signed in one or more counterparts, each of which shall be deemed to be an original and all of which together shall constitute one instrument. The signature of a party to this Assignment transmitted by facsimile or electronic mail to the other party shall be deemed an original signature. SIGNATURE PAGE TO COLLATERAL ASSIGNMENT OF DEVELOPMENT AGREEMENT Dated as of the date first set forth above. ASSIGNOR: HITZLE RENT .w By: Timothy Hitzler, Manager of Hitzler Rental, LLC STATE OF IOWA ) ) SS COUNTY OF DUBUQUE ) On this 1- day of � 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Timothy Hitzler and acknowledged said execution of the instrument to be his/her voluntary act and deed. IAN C HATCH Notarial Seal - Iowa Notary Public in and for Commission Number 82744J2026 Dubuque County, Iowa My Commission Expires Nov 12, 4 Page 608 of 1214 Lender: Bellev to Bank L , -cal CV✓ �Ll By: Richard H. Prull, Executive Vice President STATE OF IOWA ) ) SS COUNTY OF JACKSON ) On this day of , 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally a�d Richard 1-1. Prull and acknowledged said execution of the instrument to be his/her voluntary act and deed. o••'"` BRANDT MOORE Notary Public in and for = Commission Number 8 6995 Jackson County, Iowa My Comm. Exp. jf�4 Page 609 of 1214 CONSENT OF CITY AND ESTOPPEL THIS CONSENT OF CITY AND ESTOPPEL is made by the City of Dubuque (the "City") for the benefit of Bellevue State Bank ("Lender") with respect to that certain Development Agreement, dated October 20, 2025, between Hitzler Rental, LLC ("Borrower/Developer" further known as "Assignor"), and the City (the "TIF Agreement"). 1. Payment Direction. Upon written request of Lender, City agrees to make all Economic Development Grants (TIF Payments) (as defined in the Development Agreement) directly to Lender at the following address: Bellevue State Bank, 200 S 2"d St, Bellevue, Iowa 52031 until Lender further notifies the City that the Obligations have been paid in full and the Assignment terminated. 2. Consent to Assignment. The City hereby consents to the foregoing Collateral Assignment of Development Agreement (the "Assignment") and agrees that if Lender notifies the City in writing that Lender is exercising its right to assume Assignor's rights and obligations under the Development Agreement, the City shall continue to perform its obligations under the terms of the TIF Agreement in the manner specified in the therein as ifLender ,were originally a party to the Development Agreement. Lender's obligations under the foregoing Assignment are not personal obligations or binding on any of Lender's assets, except Lender's interest in;the Property, if any. 3. No Release. Nothing in the foregoing Assignment constitutes a release by the City of Assignor from its obligations under the Development Agreement even if Lender elects to assume Assignor's rights and obligations thereunder, and to the extent the Development Agreement is not performed by Lender, Assignor remains responsible to the City for all of its obligations under the Development Agreement. 3. Notice and Cure Rights. The City shall provide Lender with copies of any notices given to Assignor under the Development Agreement, in the same manner and at the same time as required thereunder to the following address: Bellevue State Bank, 200 S 2nd St, Bellevue, Iowa 52031. City agrees that Lender shall have the right to cure any default by Assignor under the Development Agreement and City agrees to accept any cure of such a default by Lender as if such cure were tendered or performed by Assignor. 4. Estoppel. City represents and warrants to Lender that as of the date hereof: (i) the Development Agreement is and remains in full force and effect, (ii) no default currently exists under the Development Agreement and no condition exists which, with the passage of time, would constitute a default under the Agreement or would prevent the payment of the Econimic Development Grants in accordance with the Development Agreement. 5. No Amendment. City agrees that it shall not, without the prior written consent of the Lender, amend or modify or consent to any modification or amendment of the Development Agreement. 0 Page 610 of 1214 6. Conflict. Assignor acknowledges that City's consent is granted only insofar as said terms and conditions do not conflict with the terms of the Development Agreement. Any conflict between the terms of the Assignment and D e v e l o p m e n t Agreement shall be resolved pursuant to the language of the Development Agreement. CITY OF DUBUQUE By: - fw� Name: Title: 1 ' e q (- Attest: 4-ui "OJ4 Name: Are- Title: i 7 y o e-f- K EXIDBIT A LEGAL DESCRIPTION Lot 1 of Lot 1 of Lot 5 in Kiene & Altman's Subidivison; and Lot of Lot 239 in Davis Farm, a part of Dubuque; in the City of Dubuque, Iowa, according to the recorded plat thereof, Page 612 of 1214 Ian C. Hatch Assistant Economic Development Director, 1300 Main Street Dubuque IA 52001 (563) 589-4105 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1311 St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 49-26 APPROVING A COLLATERAL ASSIGNMENT OF DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND HITZLER RENTAL, LLC TO BELLEVUE STATE BANK FOR PROPERTY AT 2541 CENTRAL Whereas, the City of Dubuque, Iowa (City), and Hitzler Rental, LLC entered into a Development Agreement (the "Agreement") dated October 20, 2025, providing certain rights and obligations with respect to the property legally described as Lot 1 of Lot 1 of Lot 5 of Kiene & Altman's Subdivision in the City of Dubuque, Iowa; and Lot 1-239 of Davis Farm Addition in the City of Dubuque, Iowa (the Property); and Whereas, the Agreement provides for certain incentives to Hitzler Rental, LLC for the completion of the Minimum Improvements; and Whereas, Hitzler Rental, LLC intends to assign the rights to those certain incentives as collateral to Bellevue State Bank under a Collateral Assignment of Development Agreement attached hereto; and Whereas, the City Council of the City of Dubuque finds that consent to the Collateral Assignment of Development Agreement is in the best interests of the City of Dubuque; and Whereas, in accordance with Iowa Code Section 364.7 a public hearing was held to receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Collateral Assignment of Development Agreement by and between the City of Dubuque, Iowa and Hitzler Rental, LLC to Bellevue State Bank is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the Collateral Assignment of Development Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 16th day of February, 2026. Attest: Adrienne N. Breitfeldet, City Clerk Brad M. Cam" , Mayor STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 02/06/2026 and for which the charge is 89.35 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 6th day of February, 2026 Notary It in and for Dubuque Count , Iowa. PAC S, JANET K. PAPE Commission Number 199659 My Commission Expires ioiya 12/11/2028 Ad text CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on the 16th day of February, 2026, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, at which meeting the City Council proposes to approve a Collateral Assignment of Development Agreement by and between the City of Dubuque, Iowa and Hitzler Rental, LLC to Bellevue State Bank, LLC, for the property located at 2541 Central. At the meeting, the City Council will receive oral and written comments from any resident or property owner of said City to the above action. The official City Council agenda will be posted the Friday before the meeting and will contain public input options. The agenda can be accessed at https://dubuqueia.portal.civicclerk.com/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. Written comments on the public hearing may be submitted to the City Clerk's Office by email at ctyclerk@cityofdubuque.org or by mail to City Hall, 50 W. 13th St., Dubuque, IA 52001, before the scheduled hearing. The City Council will review all written comments at the time of the hearing. Documents related to the public hearing are on file in the City Clerks Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m. Individuals requiring special assistance should contact the City Clerk's Office as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. Published by order of the City Council given on the 2nd day of February, 2026. Adrienne N. Breitfelder, CMC, City Clerk RESOLUTION NO. 27-26 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON A COLLATERAL ASSIGNMENT OF DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND HITZLER RENTAL, LLC, TO BELLEVUE STATE BANK FOR PROPERTY AT 2541 CENTRAL Whereas, the City of Dubuque, Iowa (City), and Hitzler Rental, LLC entered into a Development Agreement (the Agreement) dated October 20, 2025; and Whereas, the Agreement provides for certain incentives to Hitzler Rental, LLC for the completion of the Minimum Improvements; and Whereas, Hitzler Rental, LLC intends to assign the rights to those certain incentives as collateral to Bellevue State Bank under a Collateral Assignment of Development Agreement attached hereto; and Whereas, the City Council of the City of Dubuque finds that consent to the Collateral Assignment of Development Agreement is in the best interests of the City of Dubuque; and Whereas, before said consent may be given, Iowa Code Section 364.7 requires that the City Clerk publish a notice of the City's intent to consent and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to approve the Collateral Assignment of Development Agreement by and between Hitzler Rental, LLC and Bellevue State Bank, to be held on the 16th day of February, 2026 at 6:30 p.m. The official agenda will be posted the Friday before the meeting and will contain listening, viewing, and public input options. The City Council agenda may be accessed at https://dubuqueia.portal.civicclerk.com/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. Section 2. The City Council will meet at said time and place for the purpose of taking action on the matter of approving the Collateral Assignment of Development Agreement by and between Hitzler Rental, LLC and Bellevue State Bank Section 3. The City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said Obligations. Section 4. That the notice of the meeting shall be in substantially the form attached hereto. Passed, approved, and adopted this 2nd day of February, 2026. /sBrad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk It 2/6