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5 6 13 City Council Proceedings Official_Special and Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:00 p.m. on May 6, 2013 in the th Historic Federal Building, 350 W. 6 Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the University of Iowa Initiative for Sus- tainable Communities. WORK SESSION University of Iowa Initiative for Sustainable Communities Sustainability Coordinator Core Burbach introduced student members of the Universi- ty of Iowa Initiative for Sustainable Communities who provided presentations on the fol- lowing topics: Reimaging South Port 1. Initial review: Port of Dubuque Master Plan, history of the Port, redevelopment case studies, public brainstorming events 2. Survey results / land use analysis summary 3. Design concepts: revitalize industrial port, low-, medium-, and high-density de- velopment 4. Final recommendation and design recommendations 5. Future considerations Increasing Mobility in Dubuque 1. Relevance to Dubuque: reasonable mobility, sustainability themes, attract- ing/retaining young professionals and students 2. Project overview: local feasibility, vendor/systems feasibility, recommendations 3. Facility improvements feedback 4. Facility recommendations 5. Car-sharing feedback, locations, and recommendations 6. Bike-sharing feedback, locations, and recommendations 7. Complementing Transit 8. Recap of recommendations Schools, Neighborhoods, and Student Outcomes Commitment to Education in Dubuque 1. Understanding schools and community development rd a. 3 grade reading proficiency b. Free and reduced lunch rates c. Key findings 2. How neighborhoods affect our schools 3. How schools affect our neighborhoods 4. What can we do a. Police intervention b. Goals c. Collaboration Housing for a Vibrant Dubuque; Neighborhood Choice and Redevelopment 1. Background information 2. Project purpose 3. Methodology a. Factors that affect neighborhood choice b. Consumer preferences and neighborhood choice c. Target area analysis d. Independent variables 4. Results a. Significant amenities and dis-amenities b. Interviews c. Amenities d. Housing condition and age e. Crime incidents f. Neighborhood willingness to pay g. Area strength, weaknesses, opportunities, and threats h. Area vision statements and objectives i. Area policy recommendations j. Area analysis, vision, objectives and recommendations There being no further business, upon motion the City Council adjourned at 6:30 p.m. /s/Kevin S. Firnstahl, CMC City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:37 p.m. on May 6, 2013 in th the Historic Federal Building, 350 W. 6 Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE May the spirit of wisdom keep our hearts and minds open as we endeavor to serve the common good. SWEARING IN Mayor Roy D. Buol swore in Mayor Pro Tem Joyce E. Connors for a term through December 31, 2013. PROCLAMATION(S) Kids to Parks Day (May 18, 2013) was accepted by Leisure Services Manager Marie Ware; Municipal Clerk's Week (May 5-11, 2013) was accepted by City Clerk Kevin Firnstahl; Nursing Home Week (May 12-18, 2013) Barbara Barker of Luther Manor, 3131 Hillcrest Road; Bike to Work Week (May 13-17, 2013) was accepted by Mike Loeboch of the Tri- State Trails Vision, 7600 Commerce Park Drive; Preservation Month (May 2013) was accepted by Historic Preservation Commis- sion Chairperson Dave Klavitter; Mental Health Month (May 2013) Jerry Jorgenson of Mental Health America of Dubuque County. CONSENT ITEMS Motion by Jones to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Joseph Healey requested (#4) Jo- seph Healey - Appeal of Claim be held for separate discussion. Mary Strom re- 1 quested (#5) Citizen Petition - Southern Avenue Detoured Traffic be held for sepa- rate discussion. Motion carried 7-0 Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 3/26, Cable TV Commission of 4/3, City Council proceedings of 4/15, Human Rights Commission of 3/11, Investment Oversight Advisory Commission of 1/23 (revised) and 4/24, Mechanical Code Board of 4/11. Upon motion the documents were received and filed. Notice of Claims and Suits: Jim David for property damage, Heidi Goin for prop- erty damage, Christine Johnson for personal injury, Douglas Mott for property dam- age, Regina and Robert Noel for property damage, Shirley Wiegand for property damage, John Young for vehicle damage; Klein vs. Sarah Lynn and the City of Dubuque. Upon motion the documents were received, filed and referred to the City Attorney. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Jim David for property damage, Heidi Goin for property damage, Douglas Mott for property damage, Regina and Robert Noel for property damage, Shirley Wiegand for property damage, John Young for vehicle damage. Upon mo- tion the documents were received, filed and concurred. Joseph Healey - Appeal of Claim: City Attorney recommending denial of the claim for property damage appealed by Joseph Healey. Motion by Connors to re- ceive and file the documents and concur with the City Attorney’s recommendation. Joseph Healey, 684 University Avenue, stated that he believed the City’s water main repair was the cause of the damage to his sewer lateral. Motion carried 7-0. Citizen Petition - Southern Avenue Detoured Traffic: Dave Hartig submitting a cit- izen petition on behalf of residents of south Southern Avenue requesting limitation of northbound through traffic on that portion of Southern Avenue during the detour related to road construction on Hwy. 151/61. Motion by Jones to receive and file the documents and refer to the City Manager. Seconded by Resnick. Mary Strom, 960 Mayfair Court and spoke on behalf of area residents. Motion carried 7-0. 2012-2013 Snow Removal / Sidewalk Assessments: City Manager recommend- ing establishment of the final assessments for the 2012-2013 Snow Removal from City Right-of-Way. Upon motion the documents were received and filed and Reso- lution No. 129-13 Adopting the Final Assessment Schedule for the 2012-2013 Snow Removal Assessment - Right-of-Way Obstruction Removal Assessment Project was adopted. RESOLUTION NO. 129-13 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2012-2013 SNOW REMOVAL ASSESSMENT – RIGHT-OF-WAY OBSTRUCTION REMOVAL AS- 2 SESSMENT PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the at- tached sheet(s), Page 1 to Page 2 inclusive; is hereby approved for the Snow Re- moval Assessment – Right-of-Way Obstruction Removal Assessment Project. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assess- ments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provid- ed in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provid- ed in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the th City Treasurer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. There- after, unpaid assessments of $500.00 or more are payable in 10 annual install- ments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9%) com- puted to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-annually in advance. th Passed, approved and adopted this 6 day of May, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk NOTICE TO PROPERTY OWNERS FOR FILING OF THE FINAL ASSESSMENT SCHEDULE FOR SNOW REMOVAL IN THE PUBLIC RIGHT-OF-WAY TO THE PERSONS OWNING PROPERTY WITHIN THE DISTRICT DESCRIBED AS FOLLOWS IN THE CITY OF DUBUQUE, IOWA: The public improvement and location is as follows: Snow Removal Assessment – Right-of-Way Obstruction Removal Assessment Project Consisting of the properties which are described as follows: 3 655 Kane St., Joseph Murphy, 655 Kane, Dubuque IA 52001, 1014479008, $52.50 2906 Argyle St., Wendy Smth, 2906 Argyle, Dubuque IA 52001, 1013136001, $52.50 801 Goethe Street, Clark Nichols, 801 Goethe, Dubuque IA 52001, 1013203009, $52.50 1848 Phyllrich Drive, Carl & Joyce Taylor, 1848 Phyllrich, Dubuque IA 52002, 1021454008, $52.50 695 Kane St., Jeffrey Welter, 4060 Peru Rd., Dubuque IA 52001, 1014433014, $157.50 1301 Rhomberg Ave., Joseph Weiblinger, 1301 Rhomberg, Dubuque IA 52001, 1118305019, $52.50 North Grandview & Kaufmann Ave., Steve Haggerty, 250 State, Dubuque, IA 52003, 1014376020, $52.50 North Grandview & Kaufmann Ave., Steve Haggerty, 250 State, Dubuque, IA 52003, 101437602 , $52.50 rdrd 2013 West 3 Street, Tom & Antonia Bogas, 2013 West 3 St., Dubuque IA 52001, 1026182020, $52.50 1199 Central Ave., Dubuque Bank & Trust Company, 1398 Central, Dubuque IA 52001, 1024456008, $52.50 490 South Grandview Ave., Marie J Brown & Lee Family Trust, 490 South Grandview, Dubuque, IA 52003, 1025355025, $27.50 930 Cleveland Ave., US Bank NA, 4801 Frederica Street, Owensboro, KY 42304- 0005, 1025382005, $54.60 Railroad Property abutting Old Mill, Chicago Central Pacific, 455 N City Frnt Plza Dr.-Tax Dept., Chicago, IL 60611-5503, 1501501003, $240.00 830 Valentine Dr., Dale & Linda Walker, 1271 Lakeside Dr. Apt 3127, Sunnyvale CA 94085, 1035305004, $54.60 428 West Locust St., West Locust Properties LLC C/O Toben Murdock / Mark Hope, 1909 Jefferson, Madison, WI 53711, 1024179008, $54.60 2995 Hillcrest Rd., Bryan Glanz & Brianne Roddick, 1305 North Grandview, Dubuque, IA 52001, 1022338001, $120.75 2409 LaVista Ct., James & Dawn Coffren, 2409 LaVista Ct, Dubuque IA 52001, 1021202002, $52.50 3547 Lunar Dr., Scott Maksymkow, 3547 Lunar Dr., Dubuque IA 52003, 1028481001, $63.00 158 Bluff, Patrick Marsh & Serenity Heegel, 158 Bluff, Dubuque, IA 52001, 1025280006, $54.60 164 Bluff Street, Muriel Schemmel, 106 East Washington St., Interlachen, FL 32148, 1025280005, $54.60 Kaufmann Avenue, Laura Becker, 6400 Sandwedge Ct., Dubuque, IA 52002, 1014376022, $63.00 306 Valeria St., Matthew Stuckey, 306 Valeria St., Dubuque, IA 52001, 1024127015, $54.60 1879 Bennett Street, PNC LLC, 2281 Hancock Ave., Eagle Grove, IA 50533, 1026251014, $56.70 4 554 Kaufmann Ave., John Kuhle & Rebecca Callahan, 554 Kaufmann, Dubuque, IA 52001, 1014480013, $56.70 3279 Kaufmann Ave., Gregory & Nancy Adams, 6411 Sandwedge Ct., Dubuque, IA 52002, 1022101005, $54.60 1695 Avoca St., Kathlyeen & Michael Reiter, 1695 Avoca, Dubuque, IA 52001, 1023360006 , $115.50 169 St. Mary's St., Gerald & Patricia Balvanz, 115 St. Mary's St., Dubuque, IA 52001, 1025256016, $52.50 1025 Bluff St., Blake & Linda Schellenberg, 31170 Southwest County View, Wil- sonville, OR 97070, 1024457016, $105.00 2435 Jackson, Robert Hartman, 2435 Jackson St., Dubuque, IA 52001, 1013379024, $115.50 2431 Jackson, James Curiel, 2431 Jackson St., Dubuque, IA 52001, 1013379025, $115.50 347 Kaufmann, Dubuque Properties LLC, 1805 State St. Suite 103, Bettendorf, IA 52722, 1024127033, $52.50 thth 1120 W 5 St., Diann Husemann, 1120 W 5 St., Dubuque, IA 52001, 1025151001, $198.75 rd 1711 W. 3 St., William Kelly Jr., 911 Tressa, Dubuque, IA 52003, 1026252025, $57.00 2044 Clarke Dr., James Yager, 16230 Humke Rd., Dubuque, IA 52002, 1023306015, $52.50 You are hereby notified that the Final Schedule of Assessments against the benefited properties within the District described above, a copy of which Final Schedule of Assessments is attached hereto, has been adopted and the as- sessments confirmed by the City Council of the City of Dubuque, Iowa, and that said Final Schedule of Assessments has been certified to the Dubuque County Treasurer. The assessments may be paid in full or in part without interest at the office of th the City Treasurer, City Hall, 50 W. 13Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $500.00 or more are payable in 15 annual in- stallments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9%) computed to December 1 next following the due dates of the respective install- ments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall be de- linquent from the second business day of October. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-annually in advance. Kevin S. Firnstahl, CMC, City Clerk Intermodal Agreement for Services with ECIA: City Manager recommending ap- proval of the Site Selection Study for a new Bus Storage and Maintenance Facility at the former City Garage location and authorization to submit the study to the Fed- 5 eral Transit Administration (FTA) for their review, concurrence and approval of this site selection. Upon motion the documents were received, filed and approved. Iowa Department of Transportation - Urban Youth Corps Grant Agreement: City Manager recommending approval of an Urban Youth Corps Grant Agreement with the Iowa Department of Transportation to provide transportation-related employ- ment and training opportunities to youth between the ages of 16 and 21 who face barriers to employment. Upon motion the documents were received, filed and ap- proved. Electrical Code Board: Commissioner Ronald Mueller submitting his resignation to the Electrical Code Board. Upon motion the document was received, filed and the resignation accepted. Library Board of Trustees: Board Member David Hammer submitting his resigna- tion from the Library Board of Trustees. Upon motion the document was received, filed and the resignation accepted. Historic Resource Development Program (HRDP) Grant for Digitizing City Direc- tories: City Manager recommending approval of a resolution authorizing the Mayor to sign the HRDP grant application for the Digitization of Dubuque City Directories from 1856-1991. Upon motion the documents were received and filed and Resolu- tion No. 130-13 Authorizing Historical Resource Development Program (HRDP) ap- plication to the State Historical Society of Iowa for digitization of Dubuque City Di- rectories was adopted. RESOLUTION NO. 130-13 AUTHORIZING HISTORICAL RESOURCE DEVELOPMENT PROGRAM (HRDP) APPLICATION TO THE STATE HISTORICAL SOCIETY OF IOWA FOR DIGITI- ZATION OF DUBUQUE CITY DIRECTORIES . Whereas, the State Historical Society of Iowa has determined that digitization of city directories are eligible for Historical Resource Development Program (HRDP) funds; and Whereas, the digitization of the Dubuque City Directories is a public benefit to the community for those who would like to trace their ancestry and research the history of their property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is authorized to sign and submit the application to the State Historical Society of Iowa for HRDP Funds for the Digitization of the Dubuque City Directories. Section 2. That the City of Dubuque agrees to abide by all local, state and feder- al requirements applicable to the proposed budget. th Passed, approved and adopted this 6 day of May, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6 Historic Resource Development Program (HRDP) - Four Mounds Foundation: City Manager recommending approval for the City Manager to sign the ownership form in support of the 2013 Historic Resource Development Program grant applica- tion by Four Mounds Foundation for barn restoration at the Four Mounds Estate Historic District. Upon motion the documents were received and filed and Resolu- tion No. 131-13 Authorizing HRDP Grant Application to the State Historical Society of Iowa for Barn Restoration Project at Four Mounds Estate Historic District was adopted. RESOLUTION NO. 131-13 AUTHORIZING HRDP GRANT APPLICATION TO THE STATE HISTORICAL SOCIETY OF IOWA FOR BARN RESTORATION PROJECT AT FOUR MOUNDS ESTATE HISTORIC DISTRICT. Whereas, the State Historical Society of Iowa has determined historic building restorations are eligible for Historic Resource Development Program (HRDP) funds; and Whereas, the City of Dubuque owns the Four Mounds Estate Historic District and has designated the property as a City Landmark Site; and Whereas, the City of Dubuque supports the barn restoration project proposed by the Four Mounds Foundation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is authorized to sign the ownership form in support of the application by the Four Mounds Foundation to the State Historical Society of Iowa for HRDP Grant Funds for the barn restoration project at Four Mounds Estate Historic District. th Passed, approved and adopted this 6 day of May, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Trapeze Software Group, Inc. - Assignment of Mentor Engineering Contract: City Manager recommending approval of the assignment to Trapeze Software Group of the Agreement between the City of Dubuque and Mentor Engineering, Inc., for the Jule's ITS Project. Upon motion the documents were received, filed and approved. th Bee Branch Phase I Completion - 15 Street Project: City Manager recommend- ing acceptance of the construction contract for the Bee Branch Phase I Completion th - 15 Street Project, as completed by McDermott Excavating. Upon motion the documents were received and filed and Resolution No. 132-13 Accepting the Bee th Branch Phase I Completion - 15 Street Project and authorizing the payment of the contract amount to the contractor was adopted. 7 RESOLUTION NO. 132-13 TH ACCEPTING THE BEE BRANCH PHASE I COMPLETION – 15 STREET PRO- JECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Bee Branch Phase I Comple- th tion – 15 Street Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been com- pleted according to the terms of the Public Improvement Contract and that the City 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 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 Bee Branch Restoration Project capital improvement appropriation for the con- tract amount of $86,268.17 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. th Passed, approved and adopted this 6 day of May, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE BEE TH BRANCH PHASE I COMPLETION – 15 STREET PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies th that he has inspected the Bee Branch Phase I Completion – 15 Street Project, and that said Project has been performed in compliance with the terms of the Public Im- provement Contract, and that the total cost of the completed work is $86,268.17. th Dated this 29 day of April, 2013. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 29 day of April, 2013 Kevin S. Firnstahl, CMC City Clerk Caradco CDBG Amendment No. 2: City Manager recommending review and ap- proval of the proposed Amendment No. 2 to the current contract with East Central Intergovernmental Association to assist the City with grant administration for the 2010 Iowa Department of Economic Development Community Development Block Grant (CDBG) for the Caradco Building, LLLP project and give authorization to the City Manager to sign the proposal on behalf of the City. Upon motion the docu- ments were received and filed and Resolution No. 133-13 Approving Amendment No. 2 for 2010 CDBG Grant Administration with East Central Intergovernmental As- sociation was adopted. 8 RESOLUTION NO. 133-13 APPROVING AMENDMENT NUMBER 2 FOR 2010 CDBG GRANT ADMIN- ISTRATION WITH EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION Whereas, the City of Dubuque, Iowa is party to the Agreement creating the East Central Intergovernmental Association (hereinafter called the ECIA) and is a mem- ber in good standing; and Whereas, the City of Dubuque, Iowa wishes to engage the ECIA to provide cer- tain technical and professional services for grant administration of the City of Dubu- que’s 2010 Iowa Department of Economic Development Community Development Block Grant (Contract #08-DRH-212) Program; and Whereas, Articles II, III (12), and VIII (2) and (3) of the Articles of Agreement of the East Central Intergovernmental Association gives the ECIA the authority to per- form services under consideration. Now, therefore, be it resolved, that the East Central Intergovernmental Associa- tion is hereby authorized to provide staff assistance as prescribed in the attached Contract for Services and Scope of Services. th Passed, approved, and adopted this 6 day of May 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Caradco Building Project - Contract Amendment No. 4: City Manager recom- mending approval of Amendment No. 4 to the Community Development Block Grant (CDBG) Housing Disaster Recovery Fund Contract between the Iowa Eco- nomic Development Authority and the City of Dubuque, on behalf of the Caradco Building Project. Upon motion the documents were received and filed and Resolu- tion No. 134-13 Approving Amendment No. 4 to the Community Development Block Grant (CDBG) Housing Disaster Recovery Fund contract between the Iowa Eco- nomic Development Authority and the City of Dubuque on behalf of the Caradco Building Project was adopted. RESOLUTION NO. 134-13 APPROVING AMENDMENT NUMBER 4 TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING DISASTER RECOVERY FUND CONTRACT BETWEEN THE IOWA ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF DUBUQUE ON BEHALF OF THE CARADCO BUILDING PROJECT Whereas, the City of Dubuque worked with Caradco Building, LLLP and Caradco Landlord, LLC to prepare CDBG Housing Disaster Recovery Fund grant applica- tions to assist in the funding of residential rehabilitation for the Caradco Building Project; and Whereas, the Iowa Economic Development Authority approved CDBG Contract #08- DRH-212 dated January 21, 2011 between the City of Dubuque and the Iowa Economic Development Authority authorizing $8,900,000 of CDBG Housing Disas- ter Recovery Funds for the Caradco Building Project; and Whereas, this agreement was last amended on February 4, 2013; and Whereas, additional CDBG program compliance requirements beyond the origi- nal contract scope of the Caradco Building Project are being required by the Iowa 9 Economic Development Authority; and Whereas, upon the request of the City of Dubuque, the Iowa Economic Devel- opment Authority has agreed to amend CDBG Contract #08-DRH-212 to include such additional costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City requests that the Iowa Economic Development Authority amend CDBG contract #08-DRH-212 to include the additional costs of the CDBG program compliance requirements beyond the scope of the original contract and to extend the contract period to May 31, 2013. Section 2. That the City Manager is hereby authorized and directed to execute amendment number 4 to CDBG Contract #08-DRH-212 on behalf of the City of Dubuque and to forward the executed copy to the Iowa Economic Development Au- thority for its approval, and to take such other action as may be necessary with re- spect to the amended contract. th Passed, approved and adopted this 6 day of May, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Approve RISE Contract: City Manager recommending Council approval of a RISE Contract for a new street to serve approximately 78 acres of new industrial property located on the former South Siegert Farm. Upon motion the documents were received and filed and Resolution No. 135-13 Approving an agreement for R.I.S.E. funding with the Iowa Department of Transportation relating to develop- ment of a new street in the Dubuque Industrial Center South was adopted. RESOLUTION NO. 135-13 APPROVING AN AGREEMENT FOR R.I.S.E. FUNDING WITH THE IOWA DE- PARTMENT OF TRANSPORTATION RELATING TO DEVELOPMENT OF A NEW STREET IN THE DUBUQUE INDUSTRIAL CENTER SOUTH. Whereas, the City of Dubuque has developed plans for the construction of a new street in the Dubuque Industrial Center South; and Whereas, the City has requested funding under the State of Iowa’s R.I.S.E. (Re- vitalize Iowa’s Sound Economy) program; and Whereas, the City’s application was approved by order of the Transportation Commission on April 9, 2013; and Whereas, the Iowa Department of Transportation has prepared and submitted for City Council approval an Agreement relating to the R.I.S.E. grant, 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 Transportation Agreement for R.I.S.E. Funding, Agreement No. 2013-R-018, is hereby approved. Section 2. That the Mayor and City Clerk are hereby authorized and directed to 10 execute two copies of the Agreement on behalf of the City of Dubuque and forward the executed copies to the Iowa Department of Transportation for their approval. th Passed, approved and adopted this 6 day of May, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Quarterly Investment Report: City Manager transmitting the Quarterly Investment Report for March 31, 2013. Upon motion the documents were received and filed. Indoor Aquatic Center Study- Joint Committee Recommendation: City Manager recommending approval of the selection of Novak Design Group for the Indoor Aquatic Center Study and pending the recommendation of the Park and Recreation Advisory Commission, the School Facilities and Support Commission and the School Board. Upon motion the documents were received, filed and approved. Code of Ordinances - Adoption of Supplement No. 12: City Clerk recommending adoption of Supplement No. 12 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 67-06, 59-12, 61-12, 62-12, 64-12, 65-12, and 4-13 through 18-13 as adopted by the Council through March 18, 2013. Upon motion the documents were received and filed and Resolution No. 136-13 Adopting Supple- ment No. 12 to the Code of Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 136-13 ADOPTING SUPPLEMENT NO. 12 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordi- nance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by reso- lution, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 12 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances Nos. 67-06, 59-12, 61-12, 62-12, 64-12, 65- 12, and 4-13 through 18-13. passed by Council and enacted through March 18, 2013, prepared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa, is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. th Passed, approved and adopted this 6 day of May, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 11 Dodds River Terminal, Inc. - Exercise of Lease Option: Correspondence from Dodds River Terminal, Inc., informing the City that it is exercising its option to ex- tend the lease agreement for the remaining five years commencing June 1, 2013. Upon motion the documents were received, filed and referred to the City Attorney. Iowa Department of Transportation - Notification of Project: Correspondence from the Iowa Department of Transportation (IDOT) informing the City that it pro- poses to let an HMA resurfacing with milling project on U.S. 20 from Farley east to Mile Hill Lane. Upon motion the documents were received and filed. Mediacom Communications Company: Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Company advising the City of programming changes. Upon motion the document was re- ceived and filed. Improvement Contracts / Performance, Payment and Maintenance Bonds: A) Robert Liebfried for Fremont Heights Detention Basin Landscape Maintenance, B) R&W Restoration for City Hall Tuck Pointing Project. Upon motion the documents were received, filed and approved. Signed Contracts: A) Classic Protective Coatings Notice to Proceed and Change Order No. 1 for the Asbury Tank Reconditioning Project, B) IIW Engineers and Sur- veyors for the Flood Control High Water Level Alarm Project, C) IIW Engineers and Surveyors for the Purina Drive Dock Repair Project, D) Rob Trilk for Miller River- view Restroom Remodeling. Upon motion the documents were received and filed. Alcohol and Tobacco License Applications: City Manager recommending ap- proval of annual liquor, beer, wine and tobacco licenses applications as submitted. Upon motion the documents were received and filed and Resolution No. 137-13 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits; and Resolu- tion No. 138-13 Approving applications for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 137-13 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been ex- amined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code 12 of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be is- sued the noted permit types to the following applicants pending submission of the locally required documentation. Beecher Beverage 1691 Asbury Rd. Class E Liquor, Class B Wine, Class C Beer (Carryout) (Sunday) Chocolaterie Stam Dubuque 269 Main St. Special Class C Liquor, Class B Wine (Carryout) (Outdoor) (Sunday) Hartig Drug Company #2 157 Locust St. Class E Liquor, Class B Wine, Class C Beer (Carryout) (Sunday) Kmart # 4018 2600 Dodge St. Class C Beer, Class B Wine (Car- ryout) (Sunday) Marco's Italian American Food 2022 Central Ave. Class C Liquor Oky Doky #1 250 W. 1 st St. Class C Beer, Class B Wine (Car- ryout) (Sunday) Oky Doky #2 51 W. 32nd Class E Liquor, Class C Beer, Class B Wine (Carryout) (Sunday) Ron's Discount Smokes & Bev-1450 Loras Blvd. Class C Beer (Sunday) erage Center Walgreens #06154 2260 JFK Rd. Class E Liquor, Class B Wine, Class C Beer (Carryout) (Sunday) Walgreens #09708 55 JFK Rd. Class E Liquor, Class B Wine, Class C Beer (Carryout) (Sunday) West Dubuque Tap 1701 Asbury Class C Liquor (Sunday) Catfish Charlie's 1630 E 16th St. Class C Liquor (Outdoor) (Sunday) Stone Cliff Winery, Inc. 600 Star Brewery Dr. Class C Native Wine (Outdoor) (Sun- day) Tott's Tap 3457 Jackson St. Class C Liquor (Sunday) Special Events Chocolaterie Stam 269 Main Premise Transfer to 145 N. Crescent (May 11) Ridge Chopper's (5-11-13) 601 Rhomberg Ave. Adding Outdoor Catfish Festival AY McDonald Park Class B Beer (Includes Wine Coolers) (5-17-13) (Outdoor) Dubuque County Fine Arts So-Town Clock Plaza Class B Beer (Includes Wine Coolers) ciety (5-17-13) (Outdoor) (Sunday) Kickoff To Summer Town Clock Plaza Class B Beer (Includes Wine Coolers) (5-17-13) (Outdoor) Dubuque Jaycees, Inc. (ARF) 501 Bell Street Class B Beer (Includes Wine Coolers) (6-13-13) (Outdoor) (Sunday) Dubuque and All that Jazz Town Clock Plaza Special Class C Liquor (Outdoor) (06/21/2013) (Beer/Wine) Dubuque and All that Jazz Town Clock Plaza Special Class C Liquor (Outdoor) (07/19/2013) (Beer/Wine) Dubuque and All that Jazz Town Clock Plaza Class B Beer (Includes Wine Coolers) (08/16/2013) (Outdoor) Dubuque and All that Jazz Town Clock Plaza Class B Beer (Includes Wine Coolers) (09/06/2013) (Outdoor) 13 th Passed, approved and adopted this 6day of May, 2013. Roy D. Buol, Mayor Kevin S. Firnstahl, City Clerk Attest: RESOLUTION NO. 138-13 APPROVING APPLICATIONS FOR RETAIL CIGARETTE/TOBACCO SALES PERMITS, AS REQUIRED BY IOWA CODE 453A.47A . Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordi- nances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. Lesmaka Deal 2160 Central Ave. Dubuque, IA. 52001 Dave’s Downtown Conoco 500 Locust St. Dubuque, IA. 52001 th Passed, approved and adopted this 6 day of May, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, 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 pre- scribed by law. Seconded by Connors. Motion carried 7-0. 30-Inch Force Main Project - Phase I: City Manager recommending initiation of the public bidding process for Phase I of the 30-Inch Force Main Relocation Project th th from 9Street to 11 Street (around the former Public Works Garage site and the Alliant Energy site) and further recommends that a public hearing be set for May 20, 2013. Upon motion the documents were received and filed and Resolution No. 139- 13 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 (30-Inch Force Main Relo- thth cation Project - Phase I From 9 Street to 11 Street) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 20, 2013 in the Historic Federal Building. RESOLUTION NO. 139-13 TH 30 INCH FORCE MAIN RELOCATION PROJECT – PHASE I FROM 9 STREET TH TO 11 STREET PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC 14 HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED 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 thth 30 inch Force Main Relocation Project - Phase I from 9 Street to 11 Street, in the estimated amount$1,185,437.50, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 20 day of May, 2013, at 6:30 p.m. in the th Historic Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. thth 30 inch Force Main Relocation Project – Phase I from 9 Street to 11 Street 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 rd before the date for filing bids before 2:00 p.m. on the 23 day of May, 2013. Bids shall be opened and read by the City Clerk at said time and will be submitted to the rd City Council for final action at 6:30 p.m. on the 3 day of June, 2013, in the Historic th Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 6 day of May, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Midwest Energy Solutions / MF Enterprises, LLC - Grant of Easement on East th 16 Street: City Manager recommending that a public hearing be set for May 20, 2013, to consider granting an easement for MF Enterprises, LLC for a compressed Natural Gas conduit and piping system between the BP Station and the proposed th convenience store on the south side on East 16 Street right-of-way. Upon motion the documents were received and filed and Resolution No. 140-13 Resolution of In- tent to dispose of City interest by Grant of Easement for private utility to MF Enter- th prises, LLC for an underlying portion of East 16 Street was adopted setting a pub- lic hearing for a meeting to commence at 6:30 p.m. on May 20, 2013 in the Historic Federal Building. 15 RESOLUTION NO. 140-13 INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF EASEMENT FOR PRIVATE UTILITY TO MF ENTERPRISES L.L.C. FOR AN UNDERLYING POR- TION OF EAST SIXTEENTH STREET Whereas, MF Enterprises, L.L.C. has requested a “Grant of Easement” for pri- vate utility for an underlying portion of East Sixteenth Street for a Compressed Nat- ural Gas system; and Whereas, Buesing and Associates, Inc. has prepared and submitted to the City Council an exhibit showing the underlying portion of East Sixteenth Street, running between Lot 2 of Wendy’s Place and Lot 1 of Bee Branch Subdivision No. 2 for proposed Compressed Natural Gas lines in the City of Dubuque, Dubuque County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to grant an easement for private utili- ty for an underlying portion of East Sixteenth Street in the City of Dubuque, Dubu- que County, Iowa. Section 2. That the granting of easement in the City of Dubuque, Dubuque Coun- ty, Iowa to MF Enterprises, L.L.C. be contingent upon the payment of $500.00, plus platting fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of City interest by grant of easement for an underlying portion of East Sixteenth Street to be published in the manner as prescribed by law. th Passed, approved and adopted this 6 day of May, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Highway 61/151 South - Technology Park Annexation: City Manager recom- mending initiation of the annexation process for Highway 61/151 South of Technol- ogy Park on the south side of the City of Dubuque and further recommends that a public hearing be set for May 20, 2013. Upon motion the documents were received and filed and a public hearing was set for a meeting to commence at 6:30 p.m. on May 20, 2013 in the Historic Federal Building. BOARDS/COMMISSIONS Building Code Board of Appeals: One 3-Year term: through August 1, 2014 (Va- cant term of Anglese). Applicant: Mary Gotz, 1844 Bennett St. Motion by Braig to appoint Mary Gotz to the remainder of a 3-year term through August 1, 2014. Se- conded by Connors. Motion carried 7-0. Zoning Board of Adjustment: Two 5-Year terms. One term through March 25, 2015 (Vacant term of Ruden); and one term through March 25, 2018 (Expiring term of Cremer). Applicants: Eugene Bird, 3357 Arrowwood Ln.; and Jeff Cremer, 919 ½ Bluff St. Motion by Braig to appoint Eugene Bird to the remainder of a 5-year term 16 through March 25, 2015, and Jeff Cremer to a 5-year term through March 25, 2018. Seconded by Jones. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Fifth and Bluff Streets Public Restroom Project: Proof of publication on notice of public hearing to consider the approval of plans, specifications, form of contract, and estimated cost for the Fifth and Bluff Streets Public Restroom Project and the City Manager recommending approval. Motion by Connors to receive and file the docu- ments and adopt Resolution No. 141-13 Adopting the plans and specifications (Fifth and Bluff Streets Public Restroom Project). Seconded by Jones. City Manager Van Milligen provided a brief outline of the project process and need for the project as a result of ADA needs and business requests in the Cable Car Square area, and the demand brought on by increasing number of events and tourism in downtown. Mo- tion carried 7-0. RESOLUTION NO. 141-13 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on April 15, 2013, plans, specifications, form of contract and estimated th cost were filed with the City Clerk of Dubuque, Iowa for the 5 and Bluff Public Re- stroom Project; and Whereas, notice of hearing on plans, specifications, form of contract, and esti- mated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are here- by approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. th Passed, approved and adopted this 6 day of May, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Water Main Relocation Project - Hwy. 151/61 and South Grandview Avenue Over- pass: Proof of publication on notice of public hearing to approve specifications, form of contract, and estimated cost for the Hwy. 151/61 South Grandview Avenue Overpass Water Main Relocation Project and the City Manager recommending approval. Motion by Lynch to receive and file the document s and adopt Resolution No. 142-13 Approval of specifications, form of contract, and estimated cost for the Hwy. 151/61 South Grandview Avenue Overpass Water Main Relocation Project. Seconded by Jones. Mo- tion carried 7-0. RESOLUTION NO. 142-13 CITY OF DUBUQUE, IOWA WATER DEPARTMENT HWY. 151/61 SOUTH 17 GRANDVIEW AVENUE OVERPASS WATER MAIN RELOCATION PROJECT AP- PROVAL OF SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE HWY. 151/61 SOUTH GRANDVIEW AVENUE OVERPASS WATER MAIN RELOCATION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, and form of contract now on file with the of- fice of City Clerk and estimated cost for the Hwy. 151/61 South Grandview Avenue Overpass Water Main Relocation Project, in the amount of $476,472.00, are hereby approved. th Passed, adopted and approved this 6 day of May, 2013. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Sale of Property - 2268 Washington Street: Proof of publication on notice of public hearing to consider the sale of City-owned real estate at 2268 Washington Street to Kaylyn A. Mullady and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 143-13 Approving the sale of real estate located at 2268 Washington Street, in the City of Dubuque, Iowa. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 143-13 APPROVING THE SALE OF REAL ESTATE LOCATED AT 2268 WASHINGTON STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City acquired the property at 2268 Washington Street for the purpose of its restoration and re-sale for owner-occupied housing as part of the Bee Branch re- alignment project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the sale of the following legally- described property: Lot 1 Bee Branch Sub. No. 7 in the City Of Dubuque, Iowa, according to the recorded plat thereof – 2268 Washington Street at the cost of $119,000. Section 2. That the City of Dubuque be and is hereby authorized to provide a Special Warranty Deed to the buyer, conveying the City’s interest to Kaylyn A. Mullady for the herein-described real estate. Section 3. That the City Clerk be and he is hereby authorized and directed to cause said Special Warranty Deed to be recorded in the Office of the Dubuque County Re- corder, together with certified copy of the Resolution. Section 4. That the City Clerk be and he is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. th Passed, approved and adopted this 6 day of May, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 18 Fiscal Year 2013 Second Budget Amendment: Proof of publication on notice of pub- lic hearing to approve the Fiscal Year Budget Amendment No. 2 and the City Manager recommending approval. Motion by Braig to receive and file the documents an adopt Resolution No. 144-13 Amending the current budget for the Fiscal Year Ending June 30, 2013 (as amended last on September 17. 2012). Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 144-13 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2013 (AS AMENDED LAST ON 09/17/2013) Be it Resolved by the Council of the City of Dubuque: Section 1. Following notice published and the public hearing held May 6, 2013 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: Total Budget Total Budget as certified Current after Current or last amended Amendment Amendment Revenues & Other Financing Sources 22,007,300 022,007,300 1 Taxes Levied on Property 2 000 Less: Uncollected Property Taxes-Levy Year 3 22,007,300 022,007,300 Net Current Property Taxes 4 000 Delinquent Property Taxes 5 10,289,639 010,289,639 TIF Revenues 6 14,922,012 014,922,012 Other City Taxes 7 1,339,574 44,8821,384,456 Licenses & Permits 8 12,365,425 76,77312,442,198 Use of Money and Property 9 91,084,091 1,658,315 92,742,406 Intergovernmental 10 34,211,789 034,211,789 Charges for Services 11 1,843,814 01,843,814 Special Assessments 12 8,549,468 2,176,254 10,725,722 Miscellaneous 13 98,910,807 3,557,534 102,468,341 Other Financing Sources 14 295,523,919 7,513,758 303,037,677 Total Revenues and Other Sources Expenditures & Other Financing Uses 25,845,693 90,02925,935,722 15 Public Safety 16 12,447,988 012,447,988 Public Works 17 1,136,053 39,4971,175,550 Health and Social Services 18 10,674,202 34,91610,709,118 Culture and Recreation 19 13,064,372 72,18613,136,558 Community and Economic Development 20 7,586,919 07,586,919 General Government 21 6,994,075 06,994,075 Debt Service 22 100,458,684 5,553,105 106,011,789 Capital Projects 23 178,207,986 5,789,733 183,997,719 Total Government Activities Expenditures 24 133,088,432 2,092,774 135,181,206 Business Type / Enterprises 25 311,296,418 7,882,507 319,178,925 Total Gov Activities & Business Expenditures 26 29,396,537 581,563 29,978,100 Transfers Out 27 340,692,955 8,464,070 349,157,025 Total Expenditures/Transfers Out Excess Revenues & Other Sources Over 28 -45,169,036 -950,312 -46,119,348 (Under) Expenditures/Transfers Out Fiscal Year 29 30 65,389,863 065,389,863 Beginning Fund Balance July 1 31 20,220,827 -950,312 19,270,515 Ending Fund Balance June 30 th Passed this 6 day of May, 2013 Roy D. Buol, Mayor 19 Attest: Kevin S. Firnstahl, City Clerk There being no further business, upon motion the rules were reinstated limiting dis- cussion to the City Council. ACTION ITEMS E.B. Lyons Irrevocable Trust - Disbursement of Funds: City Manager recommending approval of the Edwin B, Lyons Irrevocable Trust Under Will application for Disburse- ment of Funds for acquisition and development of E.B. Lyons Interpretive Area Expan- sion. Motion by Lynch to receive and file the documents and approve the recommenda- tion. Seconded by Jones. City Manager Van Milligen advised the City Council that the Park and Recreation Advisory Commission approved the recommendation at their meeting just prior to the City Council meeting. Motion carried 7-0. Bus Storage and Maintenance Facility - Site Selection Study: City Manager recom- mending approval of the Site Selection Study for a new Bus Storage and Maintenance facility at the former City Garage location and authorization to submit the study to the Federal Transit Administration (FTA) for their review, concurrence and approval of this site selection. Motion by Lynch to receive and file the documents and approve the rec- ommendation. Seconded by Connors. Motion carried 7-0. Every Child | Every Promise Request for Grant Funds: City Manager recommending approval of a funding request from Every Child | Every Promise to help pilot an innova- tive new Summer Academy. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Jones. Responding to questions from the City Council, Eric Dregne of the Community Foundation of Greater Dubuque and Every Child / Every Promise clarified the grant request process and administration. Motion car- ried 7-0. Parking Meter Payment Option: City Manager recommending implementation of a new parking meter payment option provided by Passport Parking that has the ability to interact with the City's current enforcement software. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Jones. Parking Sys- tem Supervisor Tim Horsfield provided additional information about how the meter tech- nology works for the citizen and enforcement officers, public education efforts and sign- age. Motion carried 7-0. Bunker Hill Pump Station Improvement Project Award: City Manager recommending award of the Bunker Hill Pump Station Improvement Project to the Portzen Construc- tion, Inc., of Dubuque, Iowa. Motion by Jones to receive and file the documents and adopt Resolution No. 145-13 Awarding the public improvement contract for the Bunker Hill Pump Station Improvement Project CIP 740-1422. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 145-13 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR BUNKER HILL PUMP STA- 20 TION IMPROVEMENT PROJECT CIP 740-1422 Whereas, sealed proposals have been submitted by contractors for the Bunker Hill Pump Station Improvement Project (the Project) pursuant to Resolution No. 104-13 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on th the 5 day of April, 2013; and th Whereas, said sealed proposals were opened and read on the 25 of April, 2013 and it has been determined that Portzen Construction, Inc. of Dubuque, IA, with a bid amount of $570.520.00, is the lowest responsive, responsible bidder for the Project; and Whereas, it has been determined that it is in the best interest of the City of Dubuque to enter into a Public Improvement Contract with Portzen Construction, Inc. for said Pro- ject. 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 Portzen Construction, Inc. of Dubuque, IA, and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 6 day of May, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Safe Routes To School - Dubuque School Safety Improvements Project Award: City Manager recommending award of the contract for the Safe Routes to School Program - Dubuque School Safety Improvements Project to the low bidder, McDermott Excavat- ing. Motion by Connors to receive and file the documents and adopt Resolution No. 146-13 Awarding Public Improvement Contract for the Safe Routes to School Program - Dubuque School Safety Improvements Project #SRTS-U-2100(663--8U-31. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 146-13 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SAFE ROUTES TO SCHOOL PROGRAM - DUBUQUE SCHOOL SAFETY IMPROVEMENTS PROJECT #SRTS-U-2100(663)--8U-31 Whereas, the City of Dubuque received competitive bid proposals for the Safe Routes To School Program - Dubuque School Safety Improvements Project (Project) Pursuant To Resolution No.103-13 and Notice to Bidders published in a newspaper th published in the City of Dubuque, Iowa on the 5 day of April, 2013; and Whereas, said competitive bid proposals were opened and read by the City Clerk on the 18th day of April, 2013 and it has been determined that McDermott Excavating of Dubuque, Iowa, with a bid proposal in the amount of $69,819.56, is the lowest respon- sive, responsible bidder for the Project; and Whereas, it has been determined that it is in the best interest of the City of Dubuque to enter into an improvement contract with McDermott Excavating for said Project, and Whereas, the Iowa Department of Transportation concurs with the award of the im- provement contract to McDermott Excavating for said Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 21 That a Public Improvement Contract for the Project is hereby awarded to McDermott Excavating and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 6 day of May, 2013 Roy D. Buol, Mayor Attest: Kevin S.Firnstahl, CMC, City Clerk Airport Air Traffic Control Tower Closure and Options: City Manager providing an up- date on the Dubuque Regional Airport Air Traffic Control Tower closure. Motion by Jones to receive and file the documents. Seconded by Resnick. Airport Manager Bob Grierson provided information on the options the airport has: 1) close the tower, 2) file a lawsuit with the FAA, 3) keep pushing legislators for immediate action and release of funding, and 4) operate the town directly. Motion carried 7-0. Downtown Housing Incentive Program - Amending Program Guidelines: City Manag- er recommending approval of an amendment to the program guidelines for the City of Dubuque's Downtown Housing Incentive program to allow incentives for residential units of less than 650 sq. ft. Motion by Braig to receive and file the documents and adopt Resolution No. 147-13 Amending the guidelines for the Downtown Housing Incentive Program within the Greater Downtown Urban Renewal District. Seconded by Jones. Economic Development Director Dave Heiar provided information on the grant and pro- ject criteria. Motion carried 7-0. RESOLUTION NO. 147-13 AMENDING THE GUIDELINES FOR THE DOWNTOWN HOUSING INCENTIVE PROGRAM WITHIN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT Whereas, the City of Dubuque has a long established practice of offering various programs, through tax increment financing revenues, that increase economic develop- ment, housing and historical rehabilitation opportunities in the Greater Downtown Urban Renewal District; and Whereas, since 2010, the City of Dubuque has utilized the $10,000 per unit Down- town Housing Incentive Program to assist private developers in the creation of 216 housing units; and Whereas, this incentive program is regulated by various guidelines and Whereas, it is in the City’s best interest to amend the guidelines to allow incentives for units with less than 650 sq. ft. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the guidelines be amended to provide for the following: Units smaller than 650 square feet will not be eligible for this incentive, unless the project meets the guidelines for Federal or State Historic Tax Credits and is a self-contained unit with a private bathroom and kitchen. Section 2. All other guidelines for this program shall remain the same. th Passed, approved and adopted this 6 day of May, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 22 Franklin School - Amendment to Development Agreement: City Manager recom- mending approval of the First Amendment to the Development Agreement with Franklin Investments, LLC for redevelopment of the property located at 39 Bluff Street. Motion by Connors to receive and file the documents and adopt Resolution No. 148-13 Approving the First Amendment to the Franklin Investments, LLC Development Agreement. Se- conded by Braig. Motion carried 7-0. RESOLUTION NO. 148-13 APPROVING AND AUTHORIZING A FORM OF LOAN AND DISBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND THE IOWA FINANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $3,058,000 SEWER REVENUE CAPITAL LOAN NOTES, SERIES 2013B, OF THE CITY OF DUBUQUE, IOWA, UNDER THE PROVI- SIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAY- MENT OF SAID NOTES Whereas, the City Council of the City of Dubuque, Iowa, sometimes hereinafter re- ferred to as the "Issuer", has heretofore established charges, rates and rentals for ser- vices which are and will continue to be collected as system revenues of the municipal sewer system, sometimes hereinafter referred to as the "System", and said revenues have not been pledged and are available for the payment of Sewer Revenue Capital Loan Notes, Series 2013B, subject to the following premises; and Whereas, Issuer proposes to issue its Sewer Revenue Capital Loan Notes, Series 2013B, to the extent of $3,058,000, for the purpose of defraying the costs of the Project as set forth in Section 1 of this Resolution; and, it is deemed necessary and advisable and in the best interests of the City that a form of Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, be approved and authorized; and Whereas, there were issued $2,000,000 Sewer Revenue Capital Loan Notes, Series 2009A, $1,141,000 Sewer Revenue Capital Loan Notes, Series 2010A, $64,885,000 Sewer Revenue Capital Loan Notes, Series 2010E, and $3,048,000 Sewer Revenue Capital Loan Notes, Series 2013, part of which remain outstanding and are a lien on the net revenues of the System (the "Outstanding Obligations"). In the resolution authoriz- ing the issuance of the Outstanding Obligations it is provided that additional revenue notes or bonds may be issued on a parity with the outstanding notes or bonds, for the costs of future improvements and extensions to the System, provided that there has been procured and placed on file with the City Clerk, a statement complying with the conditions and limitations therein imposed upon the issuance of said parity notes or bonds; and Whereas, the Original Purchaser of the current issue of Notes also purchased and holds the Outstanding Obligations issue and has waived any requirement in the resolu- tion authorizing the Outstanding Obligations to obtain a "parity certificate" from an inde- pendent auditor, and hereby consents to the current issue on an equal parity to the Out- standing Obligations; and Whereas, the notice of intention of Issuer to take action for the issuance of $3,058,000 Sewer Revenue Capital Loan Notes, Series 2013B, has heretofore been duly published and no objections to such proposed action have been filed. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: ♦ "Additional Bonds" shall mean any sewer revenue bonds or notes or other obliga- tions issued on a parity with the Notes in accordance with the provisions of Section 21 hereof. ♦ "Agreement" shall mean a Loan and Disbursement Agreement dated as of the Closing between the City and the Original Purchaser relating to the Loan made to the City under the Program. ♦ "City Clerk" shall mean the City Clerk or such other officer of the successor Govern- ing Body as shall be charged with substantially the same duties and responsibilities. ♦ "Closing" shall mean the date of delivery of the Note to the Original Purchaser and the funding of the Loan by the Trustee. ♦ "Corporate Seal" shall mean the official seal of Issuer adopted by the Governing Body. ♦ "Fiscal Year" shall mean the twelve months' period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the System; provided, that the requirements of a fiscal year as expressed in this Resolution shall exclude any payment of principal or interest falling due on the first day of the fiscal year and include any payment of principal or interest falling due on the first day of the succeeding fiscal year. ♦ "Governing Body" shall mean the City Council, or its successor in function with re- spect to the operation and control of the System. ♦ "Independent Auditor" shall mean an independent firm of certified public account- ants or the Auditor of State. ♦ "Issuer" and "City" shall mean the City of Dubuque, Iowa. ♦ "Loan" shall mean the principal amount allocated by the Original Purchaser to the City under the Program, equal in amount to the principal amount of the Notes. ♦ "Net Revenues" shall mean gross earnings of the System after deduction of Current Expenses; "Current Expenses" shall mean and include the reasonable and necessary cost of operating, maintaining, repairing and insuring the System, including purchases at wholesale, if any, salaries, wages, and costs of materials and supplies, but excluding depreciation and principal of and interest on the Notes and any Parity Obligations or payments to the various funds established herein; capital costs, depreciation and inter- est or principal payments are not System expenses. ♦ "Notes" or "Note" shall mean $3,058,000 Sewer Revenue Capital Loan Notes, Se- ries 2013B, authorized to be issued by this Resolution. ♦ "Original Purchaser" shall mean the Iowa Finance Authority, as the purchaser of the Notes from Issuer at the time of their original issuance. ♦ "Outstanding Obligations" shall mean the Sewer Revenue Capital Loan Notes, 2009A, dated January 14, 2009, issued in accordance with a resolution adopted De- cember 15, 2008 $1,555,000 of which obligations are still outstanding and unpaid and remain a lien on the Net Revenues of the System; Sewer Revenue Capital Loan Notes, Series 2010A, dated January 13, 2010 issued in accordance with a resolution adopted 24 December 21, 2009 $1,586,000 of which obligations are still outstanding and unpaid and remain a lien on the Net Revenues of the System; Sewer Revenue Capital Loan Notes, Series 2010E, dated August 18, 2010 issued in accordance with a resolution adopted August 10, 2010 $64,885,000 of which obligations are still outstanding and un- paid and remain a lien on the Net Revenues of the System; and $3,048,000 Sewer Revenue Capital Loan Notes, Series 2013, dated April 19, 2013, issued in accordance with a resolution adopted April 1, 2013, $3,048,000 of which obligations are still out- standing and unpaid and remain a lien on the Net Revenues of the System. ♦ "Parity Obligations" shall mean notes or bonds payable solely from the Net Reve- nues of the System on an equal basis with the Notes herein authorized to be issued and shall include Additional Bonds as authorized to be issued under the terms of this Reso- lution and the Outstanding Obligations. ♦ "Paying Agent" shall mean the Finance Director, or such successor as may be ap- proved by Issuer as provided herein and who shall carry out the duties prescribed here- in as Issuer's Agent to provide for the payment of principal of and interest on the Notes as the same shall become due. ♦ "Permitted Investments" shall mean: • direct obligations of (including obligations issued or held in book entry form on the books of) the Department of the Treasury of the United States of America; • cash (insured at all times by the Federal Deposit Insurance Corporation or other- wise collateralized with obligations described in the above paragraph); • obligations of any of the following federal agencies which obligations represent full faith and credit of the United States of America, including: -Export - Import Bank -Farm Credit System Financial Assistance Corporation -USDA - Rural Development -General Services Administration -U.S. Maritime Administration -Small Business Administration -Government National Mortgage Association (GNMA) -U.S. Department of Housing & Urban Development (PHA's) -Federal Housing Administration • repurchase agreements whose underlying collateral consists of the investments set out above if the Issuer takes delivery of the collateral either directly or through an authorized custodian. Repurchase agreements do not include reverse repurchase agreements; • senior debt obligations rated "AAA" by Standard & Poor's Corporation (S&P) or "Aaa" by Moody's Investors Service Inc. (Moody's) issued by the Federal National Mort- gage Association or the Federal Home Loan Mortgage Corporation; • U.S. dollar denominated deposit accounts, federal funds and banker's ac- ceptances with domestic commercial banks which have a rating on their short-term cer- tificates of deposit on the date of purchase of "A-1" or "A- 1+" by S&P or "P-1" by Moody's and maturing no more than 360 days after the date of purchase (ratings on holding companies are not considered as the rating of the bank); • commercial paper which is rated at the time of purchase in the single highest classification, "A-1+" by S&P or "P-1" by Moody's and which matures not more than 270 25 days after the date of purchase; • investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P; • pre-refunded Municipal Obligations, defined as any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local gov- ernmental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice; and (a) which are rated, based on an irrevocable es- crow account or fund (the "escrow"), in the highest rating category of S&P or Moody's or any successors thereto; or (b)(i) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or direct obligations of the Department of the Treasury of the United States of America, which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; and (ii) which escrow is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this para- graph on the maturity date or dates specified in the irrevocable instructions referred to above, as appropriate; • tax exempt bonds as defined and permitted by section 148 of the Internal Reve- nue Code and applicable regulations and only if rated within the two highest classifica- tions as established by at least one of the standard rating services approved by the su- perintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; • an investment contract rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of bank- ing by rule adopted pursuant to chapter 17A Code of Iowa; and • Iowa Public Agency Investment Trust. "Prior Note Resolutions" shall mean the resolution of the City Council adopted on December 15, 2008, authorizing the issuance of the Sewer Revenue Capital Loan Notes, Series 2009A, dated January 1, 2009; resolution adopted on December 21, 2009, authorizing the issuance of the Sewer Revenue Capital Loan Notes, Series 2010A, dated January 13, 2010; and resolution adopted on August 10, 2010, authoriz- ing the issuance of the Sewer Revenue Capital Loan Notes, Series 2010E, dated Au- gust 18, 2010. ♦ "Program" shall mean the Iowa Water Pollution Control Works Financing Pro- gram undertaken by the Original Purchaser. ♦ "Project" shall mean the costs of acquisition, construction, reconstruction, ex- tending, remodeling, improving, repairing and equipping of the System, including those costs associated with refunding outstanding water obligation indebtedness of the City, consisting of a portion of the Water Revenue Capital Loan Notes, Series 2010C, dated February 12, 2010; and that the Municipal Sewer Utility pay its portion of the costs as- sociated with the acquisition and installation of a fixed radio network water meter sys- tem. ♦ "Project Fund" shall mean the Loan Account maintained by the Trustee under the Program for the benefit of the Issuer, into which the proceeds of the Loan and the Note 26 shall be allocated and held until disbursed to pay Project costs. ♦ "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. ♦ "Registrar" shall be the Finance Director, 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 Notes. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Notes. ♦ "System" shall mean the municipal sewer system utility of the Issuer and all properties of every nature hereinafter owned by the Issuer comprising part of or used as a part of the System, including all wastewater treatment facilities, including all wastewater treatment facilities, sanitary sewers, force mains, pumping stations and all related property and improvements and extensions made by Issuer while any of the Notes or Parity Obligations remain outstanding; all real and personal property; and all appurtenances, contracts, leases, franchises and other intangibles. ♦ "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Finance Director and delivered at the time of issuance and delivery of the Notes. ♦ "Treasurer" shall mean the Finance Director or such other officer as shall suc- ceed to the same duties and responsibilities with respect to the recording and payment of the Notes issued hereunder. ♦ "Trustee" shall mean Wells Fargo Bank, National Association, with its principal office located in the City of Chicago, Illinois, and its successors and any corporation re- sulting from or surviving any consolidation or merger to which it or its successors may be a party and any successor trustee under the Program. ♦ "Yield Restricted" shall mean required to be invested at a yield that is not materi- ally higher than the yield on the Notes under Section 148(a) of the Internal Revenue Code or regulations issued thereunder. Section 2. Authority. The Agreement and the Notes authorized by this Resolution shall be issued pursuant to Sections 384.24A, 384.82, and 384.83 of the Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. The Agreement shall be substantially in the form attached to this Resolution and is authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. Section 3. Authorization and Purpose. There are hereby authorized to be issued, ne- gotiable, serial, fully registered Revenue Notes of the City of Dubuque, in the County of Dubuque, Iowa, each to be designated as "Sewer Revenue Capital Loan Note, Series 2013B", in the aggregate amount of $3,058,000, for the purpose of paying costs of the Project. The City Council, pursuant to Sections 384.24A, 384.82, and 384.83 of the City Code of Iowa, hereby finds and determines that it is necessary and advisable to issue said Notes authorized by the Agreement and this Resolution. Section 4. Source of Payment. The Notes herein authorized and Parity Obligations and the interest thereon shall be payable solely and only out of the net earnings of the System and shall be a first lien on the future Net Revenues of the System. The Notes shall not be general obligations of the Issuer nor shall they be payable in any manner by taxation and the Issuer shall be in no manner liable by reason of the failure of the said Net Revenues to be sufficient for the payment of the Notes. Section 5. Note Details. Sewer Revenue Capital Loan Notes, Series 2013B, of the 27 City in the amount of $3,058,000, shall be issued to evidence the obligations of the Is- suer under the Agreement pursuant to the provisions of Sections 384.24A, 384.82, and 384.83 of the City Code of Iowa for the aforesaid purpose. The Notes shall be designat- ed "SEWER REVENUE CAPITAL LOAN NOTE, SERIES 2013B", be dated the date of delivery, and bear interest at the rate of 3.00% per annum from the date of each ad- vancement made under the Agreement, until payment thereof, at the office of the Pay- ing Agent, said interest payable on December 1, 2013, and semi-annually thereafter on the 1st day of June and December in each year until maturity as set forth on the Debt Service Schedule attached to the Agreement as Exhibit A and incorporated herein by this reference. As set forth on said Debt Service Schedule, principal shall be payable on June 1, 2013 and annually thereafter on the 1st day of June in the amounts set forth therein until principal and interest are fully paid, except that the final installment of the entire balance of principal and interest, if not sooner paid, shall become due and paya- ble on June 1, 2031. Notwithstanding the foregoing or any other provision hereof, prin- cipal and interest shall be payable as shown on said Debt Service Schedule until com- pletion of the Project, at which time the final Debt Service Schedule shall be determined by the Trustee based upon actual advancements, final costs and completion of the Pro- ject, all as provided in the administrative rules governing the Program. Payment of prin- cipal and interest on the Notes shall at all times conform to said Debt Service Schedule and the rules of the Program. The Notes 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 imprinted 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, wire transfer or automated clearing house system transfer to the registered owner of the Note. The Notes shall be in the denomination of $1,000 or multiples thereof and may at the request of the Original Pur- chaser be initially issued as a single Note in the denomination of $3,058,000 and num- bered R-1. Section 6. Servicing Fee. In addition to the payment of principal of and interest on the Notes, the Issuer also agrees to pay the Servicing Fee as defined and in accordance with the terms of the Agreement. Section 7. Redemption. The Notes are subject to optional redemption at a price of par plus accrued interest (i) on any date upon receipt of written consent of the Original Purchaser or (ii) in the event that all or substantially all of the Project is damaged or de- stroyed. Any optional redemption of the Notes may be made from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity, by giving not less than thirty (30) days' notice of redemption by certified or registered mail to the Orig- inal Purchaser (or any other registered owner of the Note). The terms of redemption shall be par, plus accrued interest to date of call. The Notes are also subject to manda- tory redemption as set forth in Section 5 of the Agreement. Section 8. Registration of Notes; Appointment of Registrar; Transfer; Ownership; De- livery; and Cancellation. (a) Registration. The ownership of Notes may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Notes, and in no other way. The Treasurer is hereby appointed as Note Registrar under the 28 terms of this Resolution. Registrar shall maintain the books of the Issuer for the registra- tion of ownership of the Notes for the payment of principal of and interest on the Notes as provided in this Resolution. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial Code subject to the provisions for registration and transfer con- tained in the Notes and in this Resolution. (b) Transfer. The ownership of any Note may be transferred only upon the Registra- tion Books kept for the registration and transfer of Notes 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 identi- fication number of such transferee (or, if registration is to be made in the name of multi- ple individuals, of all such transferees). In the event that the address of the registered owner of a Note (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 Registra- tion Books the information pertaining to the registered owner required above. Upon the transfer of any such Note, a new fully registered Note, of any denomination or denomi- nations permitted by this Resolution in aggregate principal amount equal to the unma- tured and unredeemed principal amount of such transferred fully registered Note, and bearing interest at the same rate and maturing on the same date or dates shall be de- livered by the Registrar. (c) Registration of Transferred Notes. In all cases of the transfer of the Notes, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Notes, in accordance with the provisions of this Resolution. (d) Ownership. As to any Note, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and re- garded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Notes 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 representa- tive. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Notes which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Notes which are cancelled by the Registrar shall be destroyed and a Certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the can- celled Notes to the Issuer. (f) Non-Presentment of Notes. In the event any payment check representing payment of principal of or interest on the Notes is returned to the Paying Agent or if any note is not presented for payment of principal at the maturity or redemption date, if funds suffi- cient to pay such principal of or interest on Notes 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 Notes 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 Notes who shall thereafter be restricted exclusively to such funds for any claim of what- ever nature on his part under this Resolution or on, or with respect to, such interest or 29 Notes. 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 other- wise, 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 Notes of whatever nature shall be made upon the Issuer. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Notes. In case any outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Note of like tenor and amount as the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of and substitution for the Note destroyed, stolen or lost, upon filing with the Registrar evi- dence satisfactory to the Registrar and Issuer that such Note has been destroyed, sto- len 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 Note, 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 th 15 day of the month preceding the payment date. All such payments shall fully dis- charge the obligations of the Issuer in respect of such Notes to the extent of the pay- ments so made. Section 11. Execution, Authentication and Delivery of the Notes. Upon the adoption of this Resolution, the Mayor and City Clerk shall execute and deliver the Notes to the Registrar, who shall authenticate the Notes and deliver the same to or upon order of the Original Purchaser. No Note shall be valid or obligatory for any purpose or shall be enti- tled to any right or benefit hereunder unless the Registrar shall duly endorse and exe- cute on such Note a Certificate of Authentication substantially in the form of the Certifi- cate herein set forth. Such Certificate upon any Note executed on behalf of the Issuer shall be conclusive evidence that the Note so authenticated has been duly is- sued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt writ- ten notice to each registered noteholder. Section 13. Form of Note. Notes shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as \[provided\]. Section 14. Equality of Lien. The timely payment of principal of and interest on the Notes and Parity Obligations shall be secured equally and ratably by the revenues of the System without priority by reason of number or time of sale or delivery; and the rev- enues of the System are hereby irrevocably pledged to the timely payment of both prin- cipal and interest as the same become due Section 15. Application of Note Proceeds - Project Fund. Proceeds of the Notes shall be credited to the Project Fund and expended therefrom for the purposes of issuance. 30 Any amounts on hand in the Project Fund shall be available for the payment of the prin- cipal of or interest on the Notes at any time that other funds of the System shall be in- sufficient 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 immediate- ly required for its purposes may be invested not inconsistent with limitations provided by law, the Internal Revenue Code and this Resolution. Section 16. User Rates. There has heretofore been established and published as re- quired by law, just and equitable rates or charges for the use of the service rendered by the System. Said rates or charges shall be paid by the owner of each and every lot, parcel of real estate, or building that is connected with and uses the System, by or through any part of the System or that in any way uses or is served by the System. Any revenue paid and collected for the use of the System and its services by the Issuer or any department, agency or instrumentality of the Issuer shall be used and accounted for in the same manner as any other revenues derived from the operations of the System. Section 17. Application of Revenues. From and after the delivery of any Notes, and as long as any of the Notes or Parity Obligations shall be outstanding and unpaid either as to principal or as to interest, or until all of the Notes and Parity Obligations then out- standing shall have been discharged and satisfied in the manner provided in this Reso- lution, the entire income and revenues of the System shall be deposited as collected in a fund to be known as the Sewer Revenue Fund (the "Revenue Fund"), and shall be disbursed only as follows: The provisions in the Prior Note Resolution heretofore adopted on August 10, 2010, whereby there was created and is to be maintained a Sewer Revenue Note Principal and Interest Sinking Fund, and for the monthly payment into said fund from the future Net Revenues of the System such portion thereof as will be sufficient to meet the princi- pal and interest of the Outstanding Obligations, and maintaining a reserve therefor, are hereby ratified and confirmed, and all such provisions inure to and constitute the securi- ty for the payment of the principal and interest on Notes hereby authorized to be issued; provided, however, that the amounts to be set aside and paid into the Sewer Revenue Note Principal and Interest Sinking Fund in equal monthly installments from the earn- ings shall be sufficient to pay the principal and interest due each year, not only on the Outstanding Obligations, but also the principal and interest of the Notes herein author- ized to be issued and to maintain a reserve therefor. Section 6.5 of the Prior Note Reso- lution is hereby ratified, confirmed, adopted and incorporated herein as a part of this Resolution. Except as may be otherwise provided in the above Prior Note Resolutions, proceeds of the Notes or other funds may be invested in Permitted Investments. Nothing in this Resolution shall be construed to impair the rights vested in the Out- standing Obligations. The amounts herein required to be paid into the various funds named in this Section shall be inclusive of payments required in respect to the Out- standing Obligations. The provisions of the legislation authorizing the Outstanding Obli- gations and the provisions of this Resolution are to be construed wherever possible so that the same will not be in conflict. In the event such construction is not possible, the provisions of the resolution first adopted shall prevail until such time as the notes or bonds authorized by said resolution have been paid in full or otherwise satisfied as therein provided at which time the provisions of this Resolution shall again prevail. At such time as the Outstanding Obligations are paid and so long as the Notes or 31 Parity Obligations remain outstanding and unpaid the same are discharged and satis- fied in the manner provided in this Resolution, the entire income and revenues of the system shall be deposited and collected in a fund to be known as the Revenue Fund, and shall be disbursed only as follows: ● Operation and Maintenance Fund. Money in the Revenue Fund shall first be dis- bursed to make deposits into a separate and special fund to pay current expenses. The fund shall be known as the Sewer Utility Operation and Maintenance Fund (the "Opera- tion and Maintenance Fund"). There shall be deposited in the Operation and Mainte- nance Fund each month an amount sufficient to meet the current expenses of the month plus an amount equal to 1/12th of expenses payable on an annual basis such as insurance. After the first day of the month, further deposits may be made to this account from the Revenue Fund to the extent necessary to pay current expenses accrued and payable to the extent that funds are not available in the Surplus Fund. ● Sinking Fund. Money in the Revenue Fund shall next be disbursed to make depos- its into a separate and special fund to pay principal of and interest on the Notes and Parity Obligations. The fund shall be known as the Sewer Revenue Note Principal and Interest Sinking Fund (the "Sinking Fund"). The required amount to be deposited in the Sinking Fund in any month shall be an amount equal to 1/6th of the installment of inter- est coming due on the next interest payment date on the then outstanding Notes and Parity Obligations, plus 1/12th of the installment of principal coming due on such Notes on the next succeeding principal payment date until the full amount of such installment is on hand. If for any reason the amount on hand in the Sinking Fund exceeds the re- quired amount, the excess shall forthwith be withdrawn and paid into the Revenue Fund. Money in the Sinking Fund shall be used solely for the purpose of paying princi- pal of and interest on the Notes and Parity Obligations as the same shall become due and payable. ● Subordinate Obligations. Money in the Revenue Fund may next be used to pay principal of and interest on (including reasonable reserves therefor) any other obliga- tions which by their terms shall be payable from the revenues of the System, but subor- dinate to the Notes and Parity Obligations, and which have been issued for the purpos- es of extensions and improvements to the System or to retire the Notes or Parity Obli- gations in advance of maturity, or to pay for extraordinary repairs or replacements to the System. ● Surplus Revenue. All money thereafter remaining in the Revenue Fund at the close of each month may be deposited in any of the funds created by this Resolution, to pay for extraordinary repairs or replacements to the System, or may be used to pay or re- deem the Notes or Parity Obligations, any of them, or for any lawful purpose. Money in the Revenue Fund shall be allotted and paid into the various funds and ac- counts hereinbefore referred to in the order in which said funds are listed, on a cumula- tive basis on the 10th day of each month, or on the next succeeding business day when the l0th shall not be a business day; and if in any month the money in the Revenue Fund shall be insufficient to deposit or transfer the required amount in any of said funds or accounts, the deficiency shall be made up in the following month or months after payments into all funds and accounts enjoying a prior claim to the revenues shall have been met in full. Section 18. Investments. Moneys on hand in the Project Fund and all of the funds 32 provided by this Resolution may be invested only in Permitted Investments or deposited in financial institutions which are members of the Federal Deposit Insurance Corpora- tion, or its equivalent successor, and the deposits of 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 Iowa Code chapter 12C, or otherwise by a valid pledge of direct obliga- tions of the United States Government having an equivalent market value. All invest- ments shall mature before the date on which the moneys are required for the purposes for which the fund was created or otherwise as herein provided. The provisions of this Section shall not be construed to require the Issuer to maintain separate accounts for the funds created by this Resolution. The Sinking Fund shall be segregated in a sepa- rate account but may be invested in the same manner as other funds of the Issuer but designated as a trust fund on the books and records of the Issuer. The Sinking Fund shall not be available for any other purposes other than those specified in this Resolu- tion. All income derived from such investments shall be deposited in the Revenue Fund and shall be regarded as revenues of the System. Investments shall at any time neces- sary be liquidated and the proceeds thereof applied to the purpose for which the respec- tive fund was created. Section 19. Covenants Regarding the Operation of the System. The Issuer hereby covenants and agrees with each and every holder of the Notes and Parity Obligations: (a) Maintenance and Efficiency. The Issuer will maintain the System in good condi- tion and operate it in an efficient manner and at reasonable cost. (b) Sufficiency of Rates. On or before the beginning of each Fiscal Year the Govern- ing Body will adopt or continue in effect rates for all services rendered by the System determined to be sufficient to produce Net Revenues for the next succeeding Fiscal Year which are (i) adequate to pay the principal and interest requirements thereof and to create or maintain the reserves as provided in this Resolution, and (ii) not less than 110 percent of the principal and interest requirements of the next succeeding Fiscal Year. No free use of the System by the Issuer or any department, agency or instrumen- tality of the Issuer shall be permitted except upon the determination of the Governing Body that the rates and changes otherwise in effect are sufficient to provide Net Reve- nues at least equal to the requirements of this subsection. (c) Insurance. The Issuer shall maintain insurance for the benefit of the Noteholders on the insurable portions of the System of a kind and in an amount which normally would be carried by private companies engaged in a similar kind of business. The pro- ceeds of any insurance, except public liability insurance, shall be used to repair or re- place the part or parts of the System damaged or destroyed, or if not so used shall be placed in an improvement fund for the benefit of the System. (d) Accounting and Audits. The Issuer will cause to be kept proper books and ac- counts adapted to the System and in accordance with generally accepted accounting practices and will diligently act to cause the books and accounts to be audited and re- ported upon by an Independent Auditor and will provide copies of the audit report to the Department, all as provided in the Agreement. The Original Purchaser and holders of any of the Notes and Parity Obligations shall have at all reasonable times the right to inspect the System and the records, accounts and data of the Issuer relating thereto. 33 (e) State Laws. The Issuer will faithfully and punctually perform all duties with refer- ence to the System required by the Constitution and laws of the State of Iowa, including the making and collecting of reasonable and sufficient rates for services rendered by the System as above provided, and will segregate the revenues of the System and apply said revenues to the funds specified in this Resolution. (f) Property. The Issuer will not sell, lease, mortgage or in any manner dispose of the System, or any capital part thereof, including any and all extensions and additions that may be made thereto, until satisfaction and discharge of all of the Notes and Parity Ob- ligations shall have been provided for in the manner provided in this Resolution; provid- ed, however, this covenant shall not be construed to prevent the disposal by the Issuer of property which in the judgment of its Governing Body has become inexpedient or un- profitable to use in connection with the System, or if it is to the advantage of the System that other property of equal or higher value be substituted therefor, and provided further that the proceeds of the disposition of such property shall be placed in a revolving fund to be used in preference to other sources for capital improvements to the System. Any such proceeds of the disposition of property acquired with the proceeds of the Notes or Parity Obligations shall not be used to pay principal or interest on the Notes and Parity Obligations or for payments into the Sinking Fund. (g) Fidelity Bond. That the Issuer shall maintain fidelity bond coverage in amounts which normally would be carried by private companies engaged in a similar kind of business on each officer or employee having custody of funds of the System. (h) Additional Charges. The Issuer will require proper connecting charges and/or oth- er security for the payment of service charges. (i) Budget. The Governing Body of the Issuer shall approve and conduct operations pursuant to a system budget of revenues and current expenses for each Fiscal Year. Such budget shall take into account revenues and current expenses during the current and last preceding Fiscal Years. Copies of such budget and any amendments thereto shall be mailed to the Original Purchaser and to the Noteholders upon request. (j) Loan and Disbursement Agreement. The Issuer will comply with the terms and conditions of the Loan and Disbursement Agreement and perform as provided thereunder. Section 20. Remedies of Noteholders. Except as herein expressly limited the holder or holders of the Notes and Parity Obligations shall have and possess all the rights of action and remedies afforded by the common law, the Constitution and statutes of the State of Iowa, and of the United States of America, for the enforcement of payment of their Notes and interest thereon, and of the pledge of the revenues made hereunder, and of all covenants of the Issuer hereunder. Section 21. Prior Lien and Parity Obligations. The Issuer will issue no other notes, bonds or obligations of any kind or nature payable from or enjoying a lien or claim on the property or revenues of the System having priority over the Notes or Parity Obliga- tions. Additional Bonds may be issued on a parity and equality of rank with the Notes with respect to the lien and claim of such additional obligations to the revenues of the Sys- tem and the money on deposit in the funds adopted by this Resolution, for the following purposes and under the following conditions, but not otherwise: (a) For the purpose of refunding any of the Notes or Parity Obligations which shall have matured or which shall mature not later than three months after the date of deliv- 34 ery of such refunding obligation and for the payment of which there shall be insufficient money in the Sinking Fund; (b) For the purpose of making extensions, additions, improvements or replacements to the System, or refunding any outstanding Notes, Parity Obligations or other obliga- tions issued for such extensions, additions and improvements, if all of the following con- ditions shall have been met: (i) before any such Additional Bonds ranking on a parity are issued, there will have been procured and filed with the Clerk, a statement of an Independent Auditor, not a regular employee of the Issuer, reciting the opinion based upon necessary investiga- tions that the Net Revenues of the System for the preceding Fiscal Year (with adjust- ments as hereinafter provided) were equal to at least 1.10 times the maximum amount that will be required in any Fiscal Year prior to the longest maturity of any of the then outstanding Notes or Parity Obligations for both principal of and interest on all Notes or Parity Obligations then outstanding which are payable from the net earnings of the Sys- tem and the Additional Bonds then proposed to be issued. For the purpose of determining the Net Revenues of the System for the preceding Fiscal Year as aforesaid, the amount of the gross revenues for such year may be ad- justed by an independent consulting engineer or by the Independent Auditor, so as to reflect any changes in the amount of such revenues which would have resulted had any revision of the schedule of rates or charges imposed at or prior to the time of the issu- ance of any such Additional Bonds been in effect during all of such preceding Fiscal Year. (ii) the Additional Bonds must be payable as to principal and as to interest on the same month and day as the Notes herein authorized. (iii) for the purposes of this Section, principal and interest falling due on the first day of a Fiscal Year shall be deemed a requirement of the immediately preceding Fiscal Year. (iv) for the purposes of this Section, general obligation bonds or notes shall be re- funded only upon a finding of necessity by the Governing Body and only to the extent the general obligation bonds or notes were issued or the proceeds thereof were ex- pended for the System. (v) for purposes of this Section, "preceding Fiscal Year" shall be the most recently completed Fiscal Year for which audited financial statements prepared by a certified public accountant are issued and available, but in no event a Fiscal Year which ended more than eighteen months prior to the date of issuance of the Additional Bonds. Section 22. Disposition of Proceeds; Arbitrage Not Permitted. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Notes issued hereunder which will cause any of the Notes to be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the Internal Revenue Code of the United States, and that throughout the term of said Notes it will comply with the requirements of said statute 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 Notes will be used in a manner that would cause the Notes 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 35 provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and insert all calcula- tions and determinations necessary to complete the Tax Exemption Certificate in all re- spects and to execute and deliver the Tax Exemption Certificate at issuance of the Notes to certify as to the reasonable expectations and covenants of the Issuer at that date. The Issuer covenants that it will treat as Yield Restricted any proceeds of the Notes remaining unexpended after three years from the issuance and any other funds required by the Tax Exemption Certificate to be so treated. If any investments are held with re- spect to the Notes and Parity Obligations, the Issuer shall treat the same for the pur- pose of restricted yield as held in proportion to the original principal amounts of each issue. The Issuer covenants that it will exceed any investment yield restriction provided in this Resolution only in the event that it shall first obtain an opinion of recognized bond counsel that the proposed investment action will not cause the Notes to be classified as arbitrage bonds under Section 148(a) and (b) the Internal Revenue Code or regulations issued thereunder. The Issuer covenants that it will proceed with due diligence to spend the proceeds of the Notes for the purpose set forth in this Resolution. The Issuer further covenants that it will make no change in the use of the proceeds available for the construction of facili- ties or change in the use of any portion of the facilities constructed therefrom by per- sons other than the Issuer or the general public unless it has obtained an opinion of bond counsel or a revenue ruling that the proposed project or use will not be of such character as to cause interest on any of the Notes not to be exempt from federal income taxes in the hands of holders other than substantial users of the project, under the pro- visions of Section 142(a) of the Internal Revenue Code of the United States, related statutes and regulations. Section 23. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Notes 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 Ex- emption Certificate, which Tax Exemption Certificate shall constitute a part of the con- tract between the Issuer and the owners of the Notes; (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 Notes; (e) file such forms, statements and supporting documents as may be re- quired 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 as- sist the Issuer in such compliance. Section 24. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Notes if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Notes under applicable Federal law or regulations. Section 25. Discharge and Satisfaction of Notes. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged 36 and satisfied with respect to the Notes and Parity Obligations, or any of them, in any one or more of the following ways: (a) By paying the Notes or Parity Obligations when the same shall become due and payable; and (b) By depositing in trust with the Treasurer, or with a corporate trustee designated by the Governing Body, for the payment of said obligations and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to retire at maturity, or by redemp- tion prior to maturity on a designated date upon which said obligations may be re- deemed, all of such obligations outstanding at the time, together with the interest there- on to maturity or to the designated redemption date, premiums thereon, if any that may be payable on the redemption of the same; provided that proper notice of redemption of all such obligations to be redeemed shall have been previously published or provisions shall have been made for such publication. Upon such payment or deposit of money or securities, or both, in the amount and manner provided by this Section, all liability of the Issuer with respect to the Notes or Obligations shall cease, determine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or securities so deposited. Section 26. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer and the holder or holders of the Notes and Parity Obliga- tions, and after the issuance of any of the Notes no change, variation or alteration of any kind in the provisions of this Resolution shall be made in any manner, except as provided in the next succeeding Section, until such time as all of the Notes and Parity Obligations, and interest due thereon, shall have been satisfied and discharged as pro- vided in this Resolution. Section 27. Amendment of Resolution Without Consent. The Issuer may, without the consent of or notice to any of the holders of the Bonds and Parity Obligations, amend or supplement this Resolution for any one or more of the following purposes: (a) to cure any ambiguity, defect, omission or inconsistent provision in this Resolution or in the Notes or Parity Obligations; or to comply with any applicable provision of law or regulation of federal or state agencies; provided, however, that such action shall not materially adversely affect the interests of the holders of the Notes or Parity Obligations; (b) to change the terms or provisions of this Resolution to the extent necessary to prevent the interest on the Notes or Parity Obligations from being includable within the gross income of the holders thereof for federal income tax purposes; (c) to grant to or confer upon the holders of the Notes or Parity Obligations any addi- tional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the holders of the Notes; (d) to add to the covenants and agreements of the Issuer contained in this Resolution other covenants and agreements of, or conditions or restrictions upon, the Issuer or to surrender or eliminate any right or power reserved to or conferred upon the Issuer in this Resolution; or (e) to subject to the lien and pledge of this Resolution additional pledged revenues as may be permitted by law. Section 28. Amendment of Resolution Requiring Consent. This Resolution may be amended from time to time if such amendment shall have been consented to by holders 37 of not less than two-thirds in principal amount of the Notes and Parity Obligations at any time outstanding (not including in any case any Notes which may then be held or owned by or for the account of the Issuer, but including such Refunding Obligations as may have been issued for the purpose of refunding any of such Notes if such Refunding Ob- ligations shall not then be owned by the Issuer); but this Resolution may not be so amended in such manner as to: (a) Make any change in the maturity or interest rate of the Notes, or modify the terms of payment of principal of or interest on the Notes or any of them or impose any condi- tions with respect to such payment; (b) Materially affect the rights of the holders of less than all of the Notes and Parity Obligations then outstanding; and (c) Reduce the percentage of the principal amount of Notes, the consent of the hold- ers of which is required to effect a further amendment. Whenever the Issuer shall propose to amend this Resolution under the provisions of this Section, it shall cause notice of the proposed amendment to be filed with the Origi- nal Purchaser and to be mailed by certified mail to each registered owner of any Note as shown by the records of the Registrar. Such notice shall set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory Resolu- tion is on file in the office of the City Clerk. Whenever at any time within one year from the date of the mailing of said notice there shall be filed with the City Clerk an instrument or instruments executed by the holders of at least two-thirds in aggregate principal amount of the Notes then outstand- ing as in this Section defined, which instrument or instruments shall refer to the pro- posed amendatory Resolution described in said notice and shall specifically consent to and approve the adoption thereof, thereupon, but not otherwise, the Governing Body of the Issuer may adopt such amendatory Resolution and such Resolution shall become effective and binding upon the holders of all of the Notes and Parity Obligations. Any consent given by the holder of a Note pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the instrument evidenc- ing such consent and shall be conclusive and binding upon all future holders of the same Note during such period. Such consent may be revoked at any time after six months from the date of such instrument by the holder who gave such consent or by a successor in title by filing notice of such revocation with the City Clerk. The fact and date of the execution of any instrument under the provisions of this Sec- tion may be proved by the certificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgments of deeds within such jurisdiction that the person signing such instrument acknowledged before him the execution thereof, or may be proved by an affidavit of a witness to such execution sworn to before such officer. The amount and numbers of the Notes held by any person executing such instrument and the date of his holding the same may be proved by an affidavit by such person or by a certificate executed by an officer of a bank or trust company showing that on the date therein mentioned such person had on deposit with such bank or trust company the Notes described in such certificate. Notwithstanding anything in this Section to the contrary, the holder or holders of 100% of the Notes and Parity Obligations may consent to any amendment of this Reso- lution, or waive any notices required hereunder, on such terms and under such condi- 38 tions as said holders shall determine to be appropriate. Section 29. Severability. If any section, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforcea- bility of such section, paragraph or provision shall not affect any of the remaining provi- sions. Section 30. Repeal of Conflicting Ordinances or Resolutions and Effective Date. All other Ordinances, Resolutions and orders, or parts thereof, in conflict with the provi- sions of this Resolution are, to the extent of such conflict, hereby repealed; and this Resolution shall be in effect from and after its adoption. Section 31. Rule of Construction. This Resolution and the terms and conditions of the Notes authorized hereby shall be construed whenever possible so as not to conflict with the terms and conditions of the Loan and Disbursement Agreement. In the event such construction is not possible, or in the event of any conflict or inconsistency between the terms hereof and those of the Loan and Disbursement Agreement, the terms of the Loan and Disbursement Agreement shall prevail and be given effect to the extent nec- essary to resolve any such conflict or inconsistency. th Passed and approved this 6 day of May, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Greater Dubuque Development Corporation - Board of Directors Membership: Corre- spondence from Greater Dubuque Development Corporation requesting appointments to the GDDC Board of Directors (currently Mayor Roy Buol, City Manager Michael Van Milligen, Economic Development Director Dave Heiar and City Council Members Joyce Connors and Kevin Lynch). Motion by Connors to receive and file the documents and reappoint the current members with using only the title of Economic Development Direc- tor. Seconded by Jones. Braig suggested scheduling a future work session on the boards and commissions the Council is appointed to. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Sutton reported on the recent Eagle’s Club recognition of the Police Department and that she received their Legislator of the Year Award. Council Member Jones reported on the recent emergency management simulation training held at the Dubuque Regional Airport. Resnick reported that the recent death of a friend reminded him of the longevity of the contributions so many people make to the community. There being no further business, upon motion the City Council adjourned at 8:24 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 1t 5/15 39