5 19 14 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:15 p.m. on May 19, 2014 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney Lindahl
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 payday lenders.
WORK SESSION
Payday Lenders
Planning Services Manager Laura Carstens, Assistant Planner Kyle Kritz and Asso-
ciate Planner Guy Hemenway provided a slide presentation on payday lender institu-
tions and related zoning issues. Topics included:
• Definition of payday loans and lenders
• Number and location of payday lender businesses in Dubuque
• Comparisons to other Iowa cities
• Various zoning separation buffers and restriction options
• Separation from/relationship to residential areas
• Relationships to Community Development Block Grant (CDBG) target areas
• Impact of zoning regulations
• Recommendation
City Council had discussion with staff following the presentation regarding public fi-
nancial education programs, business proliferation, state legislation, and zoning options.
The City Council reached consensus on referring the matter to the Zoning Advisory
Commission for drafting letters to state legislators to place on a future City Council
agenda.
There being no further business, upon motion the City Council adjourned at 5:53 p.m.
/s/Kevin S. Firnstahl, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on May 19, 2014 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; 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
INTRODUCTIONS
International City/County Managers Association (ICMA) Fellowship Exchange mem-
bers, Dulce Guterres Junior and Angela Tavares DeJesus from the country of Timor
Leste introduced themselves and described what they are learning from Dubuque to
help their country decentralize its government.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Jones. Council Member Connors requested item #9
North End Neighborhood Association Petition be held for separate discussion. Motion
carried 7-0.
1. Minutes and Reports Submitted: Cable TV Commission of 4/2, City Council pro-
ceedings of 5/5, Five Flags Civic Center Advisory Commission of 4/28, Human Rights
Commission of 4/14, Library Board of Trustees of 2/27, Zoning Advisory Commission of
5/7, Proof of Publication for City Council proceedings of 4/21, Proof of Publication for
List of Claims and Summary of Revenues for Month Ended 3/31. Upon motion the doc-
uments were received and filed.
2. Humanities Iowa Grant - Sister City Commission: City Clerk Kevin Firnstahl rec-
ommending approval of the submission of a Humanities Iowa mini grant application in
the amount of $3,000 for the Handan, China, Sister City photo display. Upon motion the
documents were received, filed and approved.
3. Community Development Block Grant (CDBG) Request to Release Funds: City
Manager recommending approval of the Request for Release of Funds for the proposed
projects approved in the Fiscal Year 2015 (Program Year 2014) Annual Action Plan for
Community Development Block Grant activities. Upon motion the documents were re-
ceived and filed and Resolution No. 146-14 Authorizing request for release of Commu-
nity Development Block Grant funds for Fiscal Year 2015 (Program Year 2014) was
adopted.
RESOLUTION NO. 146-14
AUTHORIZING REQUEST FOR RELEASE OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR FISCAL YEAR 2015 (PROGRAM YEAR 2014)
Whereas, the City of Dubuque will enter into a Community Development Block Grant
Agreement for the Fiscal Year commencing July 1, 2014, with the U.S. Department of
Housing and Urban Development, providing for financial assistance to the City under
Title I of the Housing and Community Development Act of 1974, as amended; and
Whereas, pursuant to the rules and regulations as promulgated by the U.S. Depart-
ment of Housing and Urban Development, an environmental review has been pro-
cessed for the hereinafter listed projects to be financed with Community Development
Block Grant funds; and
Whereas, a Notice of Intent to Request Release of Funds for said grants has been
published on May 8, 2014 to commence the required seven (7) day public comment pe-
riod; and
Whereas, any and all comments received as a result of such notice will be duly con-
sidered before proceeding with a Request for Release of Funds and Certification, and
Whereas, a Request for Release of Funds and Certification must be sent to the U.S.
Department of Housing and Urban Development at the conclusion of the comment peri-
od.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed
to execute a Request for Release of Funds and Certification for the following identified
Community Development Block Grant projects on or about May 16, 2014 and submit to
the U.S. Department of Housing and Urban Development.
Community Development Block Grant Annual Plan Projects
Fiscal Year 2015 (Program Year 2014)
Housing Programs: First Time Home Buyer Program; Homeowner Rehabilitation
(Home Repair Loan Program; Residential Rehabilitation Loan Program); Housing Ad-
ministration Services and Staff; Housing Code Enforcement; Housing Rehabilitation
Services and Staff; Lead Paint Hazard Abatement Project; Rental Unit Rehabilitation
(Emergency Code Enforcement Loan Program; Moderate Income Rental Rehab Loan
Program; Accessibility Rehab; Single Room Occupancy Rehab) Economic Develop-
ment Programs: Commercial Industrial Building Rehab program and Revolving Loan
Fund; Economic Development Financial Assistance Program and Revolving Loan Fund
Neighborhood and Community Development Programs: Accessible Curb Ramps;
Dubuque Dispute Resolution Center; Information and Referral Service; Neighborhood
Development Services and Staff; Neighborhood Infrastructure Improvements (Neigh-
borhood Street Overlays; Neighborhood Sidewalk Program; Neighborhood Step/Wall
Repair); Neighborhood Recreation Program; Neighborhood Support Grants; Opening
Doors; Senior Center; Washington Tool Library; Zoning Inspection/ Enforcement Plan-
ning and Administration: CDBG Administration Services and Staff
No funds will be committed prior to completion of a review for other related laws of 24
CFR 58.5, including Section 106, if required for site-specific projects that are currently
unidentified.
Section 2. That the Mayor of the City of Dubuque is hereby authorized to consent to
assume the status of a responsible federal official under the National Environmental
Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of
Housing and Urban Development responsibilities for review, decision making, and ac-
tion assumed and carried out by the City of Dubuque as to environmental issues.
Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent
personally, in his official capacity and on behalf of the City of Dubuque, to accept the
jurisdiction of the federal courts if an action is brought to enforce responsibilities in rela-
tion to environmental review, decision-making and action.
Passed, approved and adopted this 19th day of May 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Iowa Department of Transportation: Correspondence from the Iowa Department of
Transportation advising the City that it proposes to let a bridge rehabilitation project on
US 52 at Grandview Avenue on October 21, 2014. Upon motion the documents were
received and filed.
5. Workers' Compensation Settlement - Weidenbacher Claim: City Attorney recom-
mending approval of an Agreement for Settlement regarding a workers' compensation
claim that was filed against the City of Dubuque by Mark Weidenbacher. Upon motion
the documents were received, filed and approved.
6. Workers' Compensation Settlement - Hillard Claim: City Attorney recommending
approval of an Agreement for Settlement regarding a workers' compensation claim that
was filed against the City of Dubuque by Richard Hillard. Upon motion the documents
were received, filed and approved.
7. Key City Investment Co. - Acceptance of Utility Easement: City Manager ac-
ceptance of a utility easement from Key City Investment Co. for the construction of un-
derground electric, fiber optic cable, traffic signals and other appurtenant improvements
associated with the JFK & Wacker Driver Intersection Improvements Traffic Signalize -
tion project. Upon motion the documents were received and filed and Resolution No.
147-14 Accepting the grant of a utility easement through, over and across a part of Lot
2-11 Yiannias Place, in the City of Dubuque, Dubuque County, Iowa, was adopted.
RESOLUTION NO. 147-14
ACCEPTING THE GRANT OF A UTILITY EASEMENT THROUGH, OVER AND
ACROSS A PART OF LOT 2-11 YIANNIAS PLACE, IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, Key City Investment Co. has executed an Easement for Underground Elec-
tric, Fiber Optic Cable, Traffic Signals, and Other Appurtenances through, under and
across Lot 2-11 Yiannias Place, 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. The City Council of the City of Dubuque, Iowa, hereby approves of, ac-
cepts and consents to the Grant of Easement for Underground Electric, Fiber Optic Ca-
ble, Traffic Signals, and Other Appurtenances through, over and across Lot 2-11 Yian-
nias Place, in the City of Dubuque, Dubuque County, Iowa from Key City Investment
Co., a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 19th day of May, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Development Services Activity - Revised Fiscal Year 2015 Fee Schedule: City
Manager recommending approval of a revised Fiscal Year 2015 fee schedule for the
Development Services Activity in the Planning Services Department. It is further rec-
ommended the City Council approve a resolution rescinding the previous fees and
adopting a new fee schedule. Upon motion the documents were received and filed and
Resolution No. 148-14 Rescinding Resolution No. 70-14, Establishing a Schedule of
Development Services Fees, and adopting in lieu thereof a new Schedule of Develop-
ment Services Fees as provided in Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code was adopted.
RESOLUTION NO. 148- 14
RESCINDING RESOLUTION NO. 70-14, ESTABLISHING A SCHEDULE OF DEVEL-
OPMENT SERVICES FEES, AND ADOPTING IN LIEU THEREOF A NEW SCHED-
ULE OF DEVELOPMENT SERVICES FEES AS PROVIDED IN TITLE 16 OF THE
CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE
Whereas, the City Council of the city of Dubuque, Iowa establishes by resolution cer-
tain fees for development services pursuant to the Unified Development Code, pursuant
to the attached schedule of Development Services Fees.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Resolution No. 70-14 and its Schedule of Fees is hereby rescinded effec-
tive July 1, 2014.
Section 2. That the attached Fee Schedule is hereby approved.
Section 3. That the attached Fee Schedule shall take effect on July 1, 2014.
Passed, approved and adopted this 19th day of May 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. North End Neighborhood Association Petition: Correspondence from the North
End Neighborhood Association petitioning the City of Dubuque to collaborate on a street
lighting project in the 2500 block of Jackson Street. Motion by Connors to receive and
file the documents and refer to the City Manager. Seconded by Lynch. Connors stated
that this has been an issue for the neighborhood for some time. Motion carried 7-0.
10. PEG Capital Expenditure Request: City Manager recommending approval of the
Cable TV Commission recommendation for funding from the Public, Educational, and
Government (PEG) Capital Grant for Access Equipment and Facilities to provide new
field production gear for Loras College. Upon motion the documents were received, filed
and approved.
11. Crescent Community Health Center Letters of Support: City Manager recom-
mending approval to sign letters of support for Crescent Community Health Center and
Federally Qualified Health Centers funding. Upon motion the documents were received,
filed and approved.
12. Improvement Contracts and Maintenance Bonds: Drew Cook & Sons Excavating
Co, Inc., for SRF Green Alley Project Bid Sets 2 and 3; River City Paving (aka Mathy
Construction) for the White Street (11th -21st Street) HMA Resurfacing with Milling Pro-
ject. Upon motion the documents were received, filed and approved.
13. Alcohol License Applications: City Manager recommending approval of annual
liquor, beer, and wine licenses as submitted. Upon motion the documents were received
and filed and Resolution No. 149-14 Approving applications for beer, liquor, and/or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li-
cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses
and Permits was adopted.
RESOLUTION NO. 149-14
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted
and filed with the City Council for approval and the same have been examined and 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 bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Renewals
Beecher Beverage
1691 Asbury Rd.
Class E Liquor (Sunday)
Easy Street
30 Main St.
Class C Liquor (Outdoor) (Sunday)
Hy -Vee Wine & Spirits "A"
3500 Dodge
Class E Liquor (Sunday)
Ichiban Hibachi Steak &
Sushi Bar
3187 University Ave.
Class C Liquor (Sunday)
Kalmes Breaktime
Bar and Grill
1097 Jackson St.
Class C Liquor (Sunday)
Mason Dixon Saloon
163 Main St.
Class C Liquor (Sunday)
Paradise Distilling
Company
245 Railroad Ave.
Micro -distilled Spirits
Pioneers Rest Stop
4900 Old Hwy Rd.
Class C Beer (Sunday)
Port of Dubuque Marina
450 East 3rd St.
Class B Beer, Class B Native Wine
(Outdoor) (Sunday)
The Hancock House B&B
1105 Grove Terrace
Class B Native Wine (Living Qrts.)
New
Kwik Star #236
2035 J.F.K. Rd.
Class C Beer, Class B Native Wine
(Sunday)
Hilton Garden Inn
1801 Greyhound Park Dr.
Class B Liquor (Outdoor) (Sunday)
Premise Transfer
Rotary Club of Dubuque
June 14
135 W. 8th St. to 1800
Admiral Sheehy Dr.
Special Class C Liquor (Sunday)
Rotary Club of Dubuque
June 19
135 W. 8th St. to
Port of Dubuque
Special Class C Liquor
Chocolaterie Stam
May 30, June 27, July
25, Aug. 9 & 29
269 Main St. to 145 N
Crescent Ridge
Special Class C Liquor, Class B
Wine (outdoor) (Sunday)
Passed, approved and adopted this 19"' day of May, 2014.
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 prescribed by
law. Seconded by Connors. Motion carried 7-0.
1. Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project Fiscal Year 2015: City
Manager recommending initiation of the bidding process for the Fiscal Year 2015 Sani-
tary Sewer Cured -in -Place Pipe (CIPP) Lining Project, and further recommends that a
public hearing be set for June 2, 2014. Upon motion the documents were received and
filed and Resolution No. 150-14 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 was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 2,
2014 in the Historic Federal Building.
RESOLUTION NO. 150-14
FY2015 SANITARYSEWER CURED -IN-PLACE PIPE (CIPP) LINING PROJECT PRE-
LIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFI-
CATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the
FY2015 Sewer Cured -in -Place Pipe (CIPP) Lining Project, in the estimated amount
$394,600.00, are hereby preliminarily approved and ordered filed in the office of the City
Clerk for public inspection.
A public hearing will be held on the 2nd day of June, 2014 at 6:30 p.m. in the Historic
Federal Building Council Chambers at which time interested persons may appear and
be heard for or against the proposed plans and specifications, form of contract and es-
timated cost of said Project, and the City Clerk be and is hereby directed to cause the
attached notice of the time and place of such hearing to be published in a newspaper
having general circulation in the City of Dubuque, Iowa, which notice shall be published
not less than four days nor more than twenty days prior to the date of such hearing. At
the hearing, any interested person may appear and file objections to the proposed
plans, specifications, form of contract, or estimated cost of the Project.
The FY2015 Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project is hereby or-
dered to be advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be pub-
lished in a newspaper having general circulation in the City of Dubuque, Iowa, which
notice shall be published not less than four but not more than forty-five days before the
date for filing bids before 2:00 p.m. on the 19th day of June, 2014. Bids shall be opened
and read by the City Clerk at said time and will be submitted to the City Council for final
action at 6:30 p.m. on the 7th day of July, 2014, in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 19th day of May, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Jule Transit Facility Roof and Sprinkler Repair Project: City Manager recommend-
ing initiation of the bidding process for the Jule Transit Facility Roof & Sprinkler Repair
Project, and further recommends that a public hearing be set for June 2, 2014. Upon
motion the documents were received and filed and Resolution No. 151-14 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 order-
ing the advertisement for bids was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on June 2, 2014 in the Historic Federal Building.
RESOLUTION NO. 151-14
JULE TRANSIT FACILITY ROOF AND SPRINKLER REPAIR PROJECT PRELIMI-
NARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ES-
TIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA-
TIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the
Transit Facility Roof & Sprinkler Repair Project in the estimated amount $281,100.00,
are hereby preliminarily approved and ordered filed in the office of the City Clerk for
public inspection.
A public hearing will be held on the 2nd day of June, 2014, at 6:30 p.m. in the Historic
Federal Building Council Chambers at which time interested persons may appear and
be heard for or against the proposed plans and specifications, form of contract and es-
timated 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.
Transit Facility Roof & Sprinkler Repair Project is hereby ordered to be advertised for
bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be pub-
lished in a newspaper having general circulation in the City of Dubuque, Iowa, which
notice shall be published not less than four but not more than forty-five days before the
date for filing bids before 2:00 p.m. on the 8th day of July, 2014. Bids shall be opened
and read by the City Clerk at said time and will be submitted to the City Council for final
action at 6:30 p.m. on the 21st day of July, 2014, in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 19th day of May, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Residential Parking Permit District "D" Amendment: City Manager recommending
that a public hearing be set for June 2, 2014, on an amendment to Residential Parking
Permit District "D" by adding Alicia Street from Pennsylvania Avenue to Andrea Street,
both sides, and Marjorie Circle from Amy Court to Andrea Street, both sides. It is further
recommended that the portion of the petition not meeting the 80% criteria be excluded
from Residential Parking Permit District "D." Upon motion the documents were received
and filed and Resolution No. 152-14 Setting a public hearing on amending Residential
Parking Permit District D to include Alicia Street and Marjorie Circle was adopted setting
a public hearing for a meeting to commence at 6:30 p.m. on June 2, 2014 in the Historic
Federal Building.
RESOLUTION NO. 152-14
SETTING A PUBLIC HEARING ON AMENDING RESIDENTIAL PARKING PERMIT
DISTRICT D TO INCLUDE ALICIA STREET AND MARJORIE CIRCLE
Whereas, the City of Dubuque, pursuant to Ordinance 9-14-321.722(B) of the Code
of Ordinances, has received a letter from Ms. Becky Bruxvoort requesting that the fol-
lowing area described as follows be included in Residential Parking Permit District D:
Alicia Street from Pennsylvania Avenue to Andrea Street, both sides; and
Marjorie Circle from Amy Court to Andrea Drive, both sides; and
Whereas, the City Manager, in accordance with Ordinance 9-14-321.722(B), recom-
mends that Residential Parking Permit District D be amended to include such areas and
that the City Council set a public hearing on the request to amend Residential Parking
Permit District D.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council finds and determines that the request from Ms.
Becky Bruxvoort is valid for Alicia Street and Marjorie Circle, in Residential Parking
Permit District D.
Section 2. That the City Clerk be authorized and directed to publish a notice of public
hearing on amending Residential Parking Permit District D, to be held on June 2, 2014.
Passed, approved and adopted this 19th day of May, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Greater Downtown Urban Renewal District Amendment: City Manager recom-
mending approval of a Resolution of Necessity that finds that an amendment of the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District is both necessary and appropriate and sets a public hearing on the proposed
amendment for June 16, 2014. Upon motion the documents were received and filed and
Resolution No. 153-14 Resolution of Necessity finding that certain areas adjacent to the
Greater Downtown Urban Renewal District meet the definition of a Blighted Area under
the Urban Renewal Law, and that development of said areas is necessary in the interest
of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consulta-
tion on a proposed amendment to the Amended and Restated Urban Renewal Plan for
said District was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on June 16, 2014 in the Historic Federal Building.
RESOLUTION NO. 153-14
RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS ADJACENT TO
THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT MEET THE DEFINI-
TION OF A BLIGHTED AREA UNDER THE URBAN RENEWAL LAW, AND THAT
DEVELOPMENT OF SAID AREAS IS NECESSARY IN THE INTEREST OF THE RES-
IDENTS OF THE CITY OF DUBUQUE, IOWA, AND SETTING DATES OF HEARING
AND CONSULTATION ON A PROPOSED AMENDEMENT TO THE AMENDED AND
RESTATED URBAN RENEWAL PLAN FOR SAID DISTRICT
Whereas, the City Council of the City of Dubuque has heretofore approved the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District (the "District") in order to provide redevelopment opportunities which will further
the purposes and objectives of the foregoing Urban Renewal Plan; and
Whereas, the City Council has found that certain areas adjacent to the District meet
the definition of a blighted area as found in Chapter 403 "Urban Renewal" of the Iowa
Code; and
Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority
may be exercised, a City Council must adopt a resolution of necessity finding that the
area in question is a slum, blighted or economic development area, and that so desig-
nating such area is necessary in the interest of the public health, safety or welfare of the
residents of the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Almond Street and Holy Ghost Sub -areas generally described in
Exhibit A to this Resolution, which are proposed to be added to the Greater Downtown
Urban Renewal District, are blighted areas as defined by Chapter 403 of the Iowa Code
and are appropriate for an urban renewal project.
Section 2. That the development of the above-described expansion areas is neces-
sary and appropriate to facilitate the proper growth and development of the community
in accordance with sound planning and local community objectives.
Section 3. That the City Manager is authorized and directed to prepare an Amended
and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to
accomplish the foregoing purposes and objectives, to include in such Plan any appro-
priate project activities and details, to forward said Plan to the City's Long Range Plan-
ning Advisory Commission for review and comment, and to determine an appropriate
date for and conduct the consultation process required by law with affected taxing enti-
ties concerning the proposed amendment.
Section 4. That the City Council hold a public hearing on the adoption of the pro-
posed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban
Renewal District on June 16, 2014 at 6:30 p.m. in the Historic Federal Building, 350
West 6th Street, Dubuque, Iowa 52001. The notice of said hearing shall generally identi-
fy the areas covered by the Amended and Restated Plan, the areas proposed to be
added to the District, and the general scope of the urban renewal activities planned for
such areas, and said notice shall be published and available to the public not less than
four days nor more than twenty days before the date of said meeting. A copy of the no-
tice of public hearing shall be sent by ordinary mail to the affected taxing entities.
Section 5. That the City Clerk is further directed to send by ordinary mail a copy of
said Amended and Restated Urban Renewal Plan, the notice of public hearing, and, to
the extent the amendment includes the use of tax increment revenues for a public build-
ing, an analysis of alternative development and funding options for such public build-
ings, to the Dubuque Community School District and the County Board of Supervisors,
as the affected taxing entities.
Passed, approved and adopted this 19th day of May, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Technology Park Urban Renewal District Amendment: City Manager recommend-
ing approval of a Resolution of Necessity that: 1) finds that an Amended and Restated
Urban Renewal Plan for the Dubuque Technology Park Economic Development District
is both necessary and appropriate; 2) enters into a Joint Agreement with the County for
said amendment; and 3) sets a public hearing on the proposed amendment for June 16,
2014. Upon motion the documents were received and filed and Resolution No. 154-14
Resolution of Necessity finding that certain areas adjacent to the established Dubuque
Technology Park Economic Development District meet the definition of an Economic
Development Area under the Urban Renewal Law, that development of said Area is
necessary in the interest of the residents of the City of Dubuque, Iowa, and setting
dates of hearing and consultation on a proposed amendment to the Amended And Re-
stated Urban Renewal Plan for said District was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on June 16, 2014 in the Historic Federal Building.
RESOLUTION NO. 154-14
RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS ADJACENT TO
THE ESTABLISHED DUBUQUE TECHNOLOGY PARK ECONOMIC DEVELOPMENT
DISTRICT MEET THE DEFINITION OF AN ECONOMIC DEVELOPMENT AREA UN-
DER THE URBAN RENEWAL LAW, THAT DEVELOPMENT OF SAID AREA IS
NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE,
IOWA, AND SETTING DATES OF HEARING AND CONSULTATION ON A PRO-
POSED AMENDMENT TO THE AMENDED AND RESTATED URBAN RENEWAL
PLAN FOR SAID DISTRICT
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 172-
13, adopted June 3rd, 2013, approved the Amended and Restated Urban Renewal Plan
for the Dubuque Technology Park Economic Development District (the "District") in or-
der to provide redevelopment opportunities which will further economic development
purposes and objectives as described in the Urban Renewal Plan; and
Whereas, the City Council has found that certain areas adjacent to the District meet
the definition of an economic development area as found in Chapter 403 of the Iowa
Code and should be included therein; and
Whereas, the areas adjacent to the District include properties located within two
miles of, but outside the corporate limits of, the City, for the purpose of undertaking an
urban renewal project; and
Whereas, Iowa Code Section 403.17(4) requires the consent of the County before
the City can proceed with the expansion of said District; and
Whereas, the Board of Supervisors of Dubuque County, Iowa ("County") has re-
viewed the proposed amendment to the District and has determined to consent to the
expansion of the District as so proposed in a Joint Agreement between the partiesRed;
and
Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority
may be exercised, a City Council must adopt a resolution of necessity finding that the
area in question is a slum, blighted or economic development area, and that so desig-
nating such area is necessary in the interest of the public health, safety or welfare of the
residents of the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Sub -Area B generally described in Exhibit A to this Resolution,
which is proposed to be added to the District, is an economic development area as de-
fined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project.
Section 2. That the construction of infrastructure improvements within Sub- area B
and the continued development of the Dubuque Technology Park Economic Develop-
ment District is necessary and appropriate to facilitate the proper growth and develop-
ment of the community in accordance with sound planning and local community objec-
tives.
Section 3 That the City Manager is authorized and directed to prepare an amend-
ment to the Urban Renewal Plan for the Dubuque Technology Park Economic Devel-
opment District, such amendment to include Sub -Area B within the District and such
other modifications to the property contained within the District as may be appropriate,
and setting forth the urban renewal projects that are currently expected to be undertak-
en in the District, and the City Manager is further authorized to determine an appropriate
date for and conduct the consultation process required by law with affected taxing enti-
ties concerning the proposed amendment.
Section 4. That the City Council hold a public hearing on the adoption of the pro-
posed Amended and Restated Urban Renewal Plan for the Dubuque Technology Park
Economic Development District on June 16th, 2014 at 6:30 p.m. in the Historic Federal
Building, 350 West 6th Street, Dubuque, Iowa 52001. The notice of said hearing shall
generally identify the area to be covered by the Amended and Restated Urban Renewal
Plan and the scope of the urban renewal project activities planned for such area, and
said notice shall be published and available to the public not less than four days nor
more than twenty days before the date of said meeting. A copy of the notice of public
hearing shall be sent by ordinary mail to the affected taxing entities.
Section 5. That the Mayor is authorized and directed to sign the Joint Agreement be-
tween the County and the City.
Section 6. That the City Clerk is further directed to send by ordinary mail a copy of
said Amended and Restated Urban Renewal Plan, the notice of public hearing, and, to
the extent the amendment includes the use of tax increment revenues for a public build-
ing, an analysis of alternative development and funding options for such public build-
ings, to the Dubuque Community School District and the County Board of Supervisors,
as the affected taxing entities.
Passed, approved and adopted this 19th day of May, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions.
1. Civil Service Commission: One 4 -year term through April 6, 2018 (Vacant term of
Schilling); Applicant: Mary Lynn Neuhaus, 1595 Montrose Terrace. Ms. Neuhaus spoke
in support of her appointment.
2. Long Range Planning Advisory Commission: One 3 -year term through July 1, 2017
(vacant term of Van !ten); Applicant: Joshua Clements, 561 Jefferson St. Mr. Clements
spoke in support of his appointment.
Appointment was made to the following Board/Commission:
3. Electrical Code Board: Three 3 -year terms through May 21, 2017 (Expired terms of
Dixon, Hammel, and Wilson); Applicants: James Dixon, 2505 Marquette PI.; Dan Ham-
mel, 2922 Fox Hollow Dr.; and David Wilson, 2918 Washington St. Motion by Braig to
appoint Mr. Dixon, Mr. Hammel and Mr. Wilson to 3 -year terms through May 21, 2017.
Seconded by Resnick. Motion carried 7-0.
PUBLIC HEARINGS
1. Request to Rezone - 1100 Carmel Drive: Proof of publication on notice of public
hearing to consider a request by Sisters of Charity BVM / The Lakota Group to rezone
property at 1100 Carmel Drive from R-1, Single -Family Residential, to PUD, Planned
Unit Development and the Zoning Advisory Commission recommending denial. Corre-
spondence from the applicant requesting the public hearing be rescheduled to June 16,
2014. Motion by Connors to receive and file the documents and reschedule the public
hearing to June 16, 2014. Seconded by Braig. Motion carried 7-0.
Upon motion the rules were suspended allowing anyone present to address the City
Council on the following items.
2. Request to Rezone - 3674 Crescent Ridge: Proof of publication on notice of public
hearing to consider a request by Dr. Mary Lynn Neumeister to rezone the property at
3674 Crescent Ridge from R-1, Single -Family Residential, to C-3, General Commercial
Zoning District and the Zoning Advisory Commission recommending denial. Restated
motion by Connors to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be passed be suspended. Seconded by Jones.
Mary Lynn Neumeister spoke in support of the request. Planning Services Manager
Laura Carstens provided a staff report. Zoning Advisory Commission Chairperson Pat-
rick Norton and Assistant Planner Kyle Kritz responded to questions from the City
Council and explained how the current membership makeup of the commission precipi-
tated a 3-1 vote thereby requiring an automatic denial by the Commission. Mr. Kritz
added that no communication was received from the Iowa Department of Transportation
related to the request. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 34-14
Amending Title 16 of The City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located at 3674 Crescent Ridge
from R-1 Single -Family Residential District to C-3 General Commercial District. Se-
conded by Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 34-14
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 3674 CRESCENT RIDGE FROM R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified De-
velopment Code, is hereby amended by reclassifying the hereinafter -described property
from R-1 Single -Family Residential District to C-3 General Commercial District, to wit:
Lot 2-1-1-1-1-1 Mineral Lot 289 Mineral Lot 287, and to the centerline of the ad-
joining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zon-
ing Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication, as provided
by law.
Passed, approved and adopted this 19th day of May, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 23rd day of May, 2014.
/s/Kevin S. Firnstahl, City Clerk
3. Water Treatment Plant North Softening Basins Rehabilitation Project: Proof of pub-
lication on notice of public hearing to consider approval of the specifications, form of
contract and the estimated cost for the Water Treatment Plant North Softening Basins
Rehabilitation Project and the City Manager recommending approval. Motion by Jones
to receive and file the documents and adopt Resolution No. 155-14 Approval of specifi-
cations, form of contract, and estimated cost for the Water Treatment Plant North Sof-
tening Basins Rehabilitation Project. Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 155-14
CITY OF DUBUQUE, IOWA WATER DEPARTMENT WATER TREATMANT PLANT
NORTH SOFTENING BASINS REHABILITATION PROJECT APPROVAL OF SPECI-
FICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE WATER
TREATMANT PLANT NORTH SOFTENING BASINS REHABILITATION 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 Water Treatment Plant North Softening Ba-
sins Rehabilitation Project, in the amount of $200,476.70, are hereby approved.
Passed, adopted and approved this 19th day of May, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. E. B. Lyons Interpretive Area Expansion Project: Proof of publication on notice of
public hearing to consider approval of plans, specifications, form of contract, and esti-
mated cost of the E. B. Lyons Interpretive Area Expansion Project and the City Manager
recommending approval. Motion by Braig to receive and file the documents and adopt
Resolution No. 156-14 Approval of plans, specifications, form of contract, and estimated
cost for the E. B. Lyons Interpretive Area Expansion Project. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 156-14
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE EB LYONS INTERPRETIVE AREA EXPANSION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
EB Lyons Interpretive Area Expansion Project, in the estimated amount $893,079.00,
are hereby approved.
Passed, adopted and approved this 19th day of May, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. SRF Green Alley Project Bid Set 4 - Project Award: City Manager recommending
award of the SRF Green Alley Project Bid Set 4 contract to the low bidder Drew Cook
and Sons Excavating Co., Inc. Motion by Braig to receive and file the documents and
adopt Resolution No. 157-14 Awarding public improvement contract for the SRF Green
Alley Bid Set 4 Project. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 157-14
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SRF GREEN ALLEY
BID SET 4 PROJECT
Whereas, sealed proposals have been submitted by contractors for the SRF Green
Alley Bid Set 4 Project (the Project) pursuant to Resolution No. 103-14 and Notice to
Bidders published in a newspaper published in the City of Dubuque, Iowa on the 11th
day of April, 2014; and
Whereas, said sealed proposals were opened and read on the 8th day of May, 2014,
and it has been determined that Drew Cook and Sons Excavating of Dubuque, Iowa,
with a bid in the amount of $162,946.75, is the lowest responsive, responsible bidder for
the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Drew Cook
and Sons Excavating and the City Manager is hereby directed to execute a Public Im-
provement Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 19th day of May, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Sisters of St. Francis - Request to Donate Peace Pole: Parks and Recreation
Commission recommending approval to accept a peace pole gift from the Sisters of St.
Francis of the Holy Family and place the pole in Washington Park. Motion by Braig to
receive and file the documents and approve the recommendation. Seconded by Con-
nors. City Manager Van Milligen stated that the specific location within Washington Park
would be decided by Leisure Services Manager Marie Ware. Motion carried 7-0.
3. Environmental Stewardship Advisory Commission: Correspondence from the Envi-
ronmental Stewardship Advisory Commission recommending that the City Council in-
clude sustainability and environmental stewardship options in its promotion of Tax In-
crement Finance (TIF). Motion by Connors to receive and file the documents and refer
to the City Manager. Seconded by Resnick. City Manager Van Milligen stated that the
item would be brought back to the City Council to include approval of specific wording.
Motion carried 7-0.
4. Bond Purchase Agreement - Sales Tax Increment Revenue Bonds (Unlimited
Property Tax Supported), Second Lien Series 2014A: City Manager recommending ap-
proval of the Bond Purchase Agreement and the Master Resolution in connection with
the issuance of Sales Tax Increment Revenue Bonds (Unlimited Property Tax Support-
ed), Second Lien Series 2014A. Motion by Jones to receive and file the documents and
adopt Resolution No. 158-14 Approving the form and authorizing execution of a Bond
Purchase Agreement in connection with the issuance of Sales Tax Increment Revenue
Bonds (Unlimited Property Tax Supported), Second Lien Series 2014; and Resolution
No. 159-14 Master resolution relating to the issuance of Sales Tax Increment Revenue
Bonds by the City of Dubuque under the provisions of Chapter 418 of the Code of Iowa,
authorizing and providing for the issuance and securing the payment of Sales Tax In-
crement Revenue Bonds (Unlimited Property Tax Supported), Second Lien Series
2014, and providing for a method of payment thereof, and related matters. Seconded by
Connors. Finance Director Ken TeKippe, Tim Oswald of Piper Jaffray, and Tom Gavin
of R.W. Baird presented background information and the results of the bond issuance.
Motion carried 7-0.
RESOLUTION NO. 158-14
APPROVING THE FORM AND AUTHORIZING EXECUTION OF A BOND PUR-
CHASE AGREEMENT IN CONNECTION WITH THE ISSUANCE OF SALES TAX IN-
CREMENT REVENUE BONDS (UNLIMITED PROPERTY TAX SUPPORTED), SEC-
OND LIEN SERIES 2014
Whereas, the City of Dubuque, Iowa (the "Issuer") is a municipal corporation organiz-
ing and existing under the laws of the State of Iowa; and
Whereas, the Bee Branch Watershed, which includes the Issuer's most developed
areas where over 50% of city residents either live or work, has experienced flooding im-
pacting thousands of properties and over seventy businesses; and
Whereas, the City Council has adopted a drainage basin master plan authored by
HDR Engineering that outlines improvements to mitigate flooding, collectively referred to
as the Bee Branch Watershed Flood Mitigation Project (defined herein as the "Bee
Branch Project"); and
Whereas, the Flood Mitigation Program (Iowa Code Chapter 418) was established by
the State of Iowa ("State") to support community projects for the construction and re-
construction of levees, embankments, impounding reservoirs, or conduits that are nec-
essary for the protection of property from the effects of floodwaters and may include the
deepening, widening, alteration, change, diversion, or other improvement of water-
courses if necessary for the protection of such property from the effects of floodwaters;
and
Whereas, the Issuer submitted an application to the Iowa Flood Mitigation Board re-
questing the use of $98,494,178 in sales tax increment funds for the Bee Branch Wa-
tershed Flood Mitigation Project; and
Whereas, the Iowa Flood Mitigation Board, acting on December 4, 2013, voted to ap-
prove the Issuer's application for construction of the Bee Branch Project, subject to the
requirements set forth in Iowa Code Chapter 418 and the administrative rules promul-
gated under it; and
Whereas, the Iowa Flood Mitigation Board and the Issuer have entered into an Award
Agreement relating to the approved Bee Branch Project activities; and
Whereas, under the Award Agreement a Flood Project Fund shall be created for the
Bee Branch Project consisting of state sales tax revenue and any other moneys lawfully
received by the Issuer to be used to fund the Bee Branch Project and to pay principal
and interest on bonds issued for the Bee Branch Project; and
Whereas, the notice of intention of the Issuer to take action for the issuance of not to
exceed $29,000,000 Sales Tax Increment Revenue Bonds has heretofore been duly
published and no objections to such proposed action have been filed; and
Whereas, pursuant to the provisions of Section 418.14 of the Code of Iowa, a pro-
posal to purchase the initial series of the above mentioned Bonds has been made by
Robert W. Baird & Co., pursuant to the terms and conditions of a Bond Purchase
Agreement with such firm, dated as of the date hereof, which is now before this Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, AS FOLLOWS:
Section 1. That the form and content of the Bond Purchase Agreement, the provi-
sions of which are incorporated herein by reference, be and the same hereby are in all
respects authorized, approved and confirmed, and the Mayor and the City Clerk be and
they hereby are authorized, empowered and directed to execute, attest, seal and deliver
the Bond Purchase Agreement for and on behalf of the City in substantially the form and
content now before this meeting, but with such changes, modifications, additions or de-
letions therein as shall be approved by such officers, upon the advice of the City Attor-
ney, and that from and after the execution and delivery of the Bond Purchase Agree-
ment, the Mayor and the City Clerk are hereby authorized, empowered and directed to
do all such acts and things and to execute all such documents as may be necessary to
carry out and comply with the provisions of the Bond Purchase Agreement as executed.
Passed and approved this 19th day of May, 2014.
Roy D. Buol Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 159-14
MASTER RESOLUTION RELATING TO THE ISSUANCE OF SALES TAX INCRE-
MENT REVENUE BONDS BY THE CITY OF DUBUQUE UNDER THE PROVISIONS
OF CHAPTER 418 OF THE CODE OF IOWA, AUTHORIZING AND PROVIDING FOR
THE ISSUANCE AND SECURING THE PAYMENT OF SALES TAX INCREMENT
REVENUE BONDS (UNLIMITED PROPERTY TAX SUPPORTED), SECOND LIEN
SERIES 2014, AND PROVIDING FOR A METHOD OF PAYMENT THEREOF, AND
RELATED MATTERS
Whereas, the City of Dubuque, Iowa (the "Issuer") is a municipal corporation organiz-
ing and existing under the laws of the State of Iowa; and
Whereas, the Bee Branch Watershed, which includes the Issuer's most developed
areas where over 50% of city residents either live or work, has experienced flooding im-
pacting thousands of properties and over seventy businesses; and
Whereas, the City Council has adopted a drainage basin master plan authored by
HDR Engineering that outlines improvements to mitigate flooding, collectively referred to
as the Bee Branch Watershed Flood Mitigation Project (defined herein as the "Bee
Branch Project"); and
Whereas, the Flood Mitigation Program (Iowa Code Chapter 418) was established by
the State of Iowa ("State") to support community projects for the construction and re-
construction of levees, embankments, impounding reservoirs, or conduits that are nec-
essary for the protection of property from the effects of floodwaters and may include the
deepening, widening, alteration, change, diversion, or other improvement of water-
courses if necessary for the protection of such property from the effects of floodwaters;
and
Whereas, the Issuer submitted an application to the Iowa Flood Mitigation Board re-
questing the use of $98,494,178 in sales tax increment funds for the Bee Branch Wa-
tershed Flood Mitigation Project; and
Whereas, the Iowa Flood Mitigation Board, acting on December 4, 2013, voted to ap-
prove the Issuer's application for construction of the Bee Branch Project, subject to the
requirements set forth in Iowa Code Chapter 418 and the administrative rules promul-
gated under it; and
Whereas, the Iowa Flood Mitigation Board and the Issuer have entered into an Award
Agreement (defined herein) relating to the approved Bee Branch Project activities; and
Whereas, under the Award Agreement a Flood Project Fund shall be created for the
Bee Branch Project consisting of state sales tax revenue and any other moneys lawfully
received by the Issuer to be used to fund the Bee Branch Project and to pay principal
and interest on bonds issued for the Bee Branch Project; and
Whereas, the notice of intention of the Issuer to take action for the issuance of not to
exceed $29,000,000 Sales Tax Increment Revenue Bonds has heretofore been duly
published and no objections to such proposed action have been filed; and
Whereas, pursuant to the provisions of Section 418.14 of the Code of Iowa, the initial
series of the above mentioned Bonds have heretofore been sold to Robert W. Baird &
Co., and action should now be taken to issue said Bonds conforming to the terms and
conditions of the Bond Purchase Agreement with such firm, dated as of May 19, 2014.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, AS FOLLOWS:
ARTICLE I
DEFINITIONS
Section 1.1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by necessary implication requires otherwise:
Additional Projects Account means the account by that name established in Section
6.8 of this Resolution.
Authorized Denominations shall mean $5,000 or any integral multiple thereof.
Award Agreement means the Agreement Between the Flood Mitigation Board and
the City of Dubuque, Iowa, Approving the Application of the City of Dubuque For the
Use of Sales Tax Revenues from the State of Iowa Flood Mitigation Program for the
Bee Branch Watershed Flood Mitigation Project, Number 2013-0, signed by the Issuer
on February 3, 2014 and by the Flood Mitigation Board on Februaryl0, 2014, as the
same may be amended from time to time.
Bee Branch Project shall mean the Bee Branch Watershed Flood Mitigation Project
of the Issuer, described in the Award Agreement.
Beneficial Owner shall mean the person in whose name such Bond is recorded as
the beneficial owner of a Bond by a Participant on the records of such Participant or
such person's subrogee.
Bond Principal and Interest Account means the account by that name established in
Section 6.4 of this Resolution.
Bond Register means the books maintained by the Registrar for the registration,
transfer and exchange of Bonds.
Bondholder means the registered owner of one or more Bonds.
Bonds means any sales tax increment revenue bonds, notes or other obligations au-
thorized by and authenticated and delivered pursuant to this Resolution and any Series
Resolution, including the Series 2014 Bonds, any other Senior Bonds, and any Second
Lien Bonds.
Capitalized Interest Subaccount means the subaccount by that name established
within the Bond Principal and Interest Account.
City Clerk means the individual presently serving as the City Clerk of the Issuer, and
any successor who may hereafter serve as such officer or be charged with substantially
the same duties and responsibilities.
Code means the Internal Revenue Code of 1986, as amended, and the applicable
regulations of the Treasury Department proposed or promulgated thereunder.
Continuing Disclosure Certificate shall mean that certain Continuing Disclosure Cer-
tificate executed by the Issuer and dated the date of issuance and delivery of the Series
2014 Bonds, as originally executed and as it may be amended from time to time in ac-
cordance with the terms thereof.
Costs of Issuance means issuance costs with respect to any series of Bonds, includ-
ing but not limited to the following: underwriters' spread (whether realized directly or de-
rived through purchase of such Bonds at a discount below the price at which they are
expected to be sold to the public); Credit Facility fees and Reserve Account Credit Facil-
ity fees; trustee's fees; counsel fees (including bond counsel, underwriter's counsel,
counsel to the Financial Advisor and any other specialized counsel fees incurred in
connection with the borrowing); fees of any Financial Advisor to the Issuer incurred in
connection with the issuance of the Bonds; Rating Agency fees; escrow agent and pay-
ing agent fees; accountant and escrow verification agent fees and other expenses relat-
ed to issuance of the Bonds; printing costs (for the Bonds and of the preliminary and fi-
nal official statement relating to the Bonds); and other fees and expenses of the Issuer
incurred in connection with the issuance of the Bonds.
Credit Facility means any letter of credit, insurance policy, guaranty, surety bond,
standby bond purchase agreement, line of credit, revolving credit agreement, or similar
obligation, arrangement, or instrument issued by a bank, insurance company, or other
financial institution which is used by the Issuer to perform one or more of the following
tasks: (i) enhancing the Issuer's credit by assuring owners of any of the Bonds that
Principal of and interest on such Bonds will be paid promptly when due; or (ii) providing
liquidity for the owners of Bonds through undertaking to cause Bonds to be bought from
the owners thereof when submitted pursuant to an arrangement prescribed by the Se-
ries Resolution relating to such Bonds. The term Credit Facility shall not include a Re-
serve Account Credit Facility.
Credit Facility Agreement means an agreement between the Issuer and a Credit Fa-
cility Provider pursuant to which the Credit Facility Provider issues a Credit Facility and
may include the promissory note or other instrument evidencing the Issuer's obligations
to a Credit Facility Provider pursuant to a Credit Facility Agreement. The term Credit
Facility Agreement shall not include a Reserve Account Credit Facility Agreement.
Credit Facility Provider means any issuer of a Credit Facility then in effect for all or
part of the Bonds. The term Credit Facility Provider shall not include any Reserve Ac-
count Credit Facility Provider. Whenever in the Resolution the consent of the Credit Fa-
cility Provider is required, such consent shall only be required from the Credit Facility
Provider whose Credit Facility is issued with respect to the series of Bonds for which the
consent is required.
Debt Service Requirement shall mean the total Principal and interest coming due on
Senior Bonds, or all Bonds, as applicable, whether at maturity, on any Interest Payment
Date, or upon mandatory sinking fund redemption in any specified period. In addition:
(a) With respect to any Bonds secured by a Credit Facility, Debt Service Requirement
shall include (i) any upfront or periodic commission or commitment fee obligations with
respect to such Credit Facility, (ii) the outstanding amount of any Reimbursement Obli-
gation owed to the applicable Credit Facility Provider and interest thereon, and (iii) any
remarketing agent fees.
(b) The Principal of and interest on Bonds shall be excluded from the determination
of Debt Service Requirement to the extent that (1) the same were or are expected to be
paid with amounts on deposit on the date of calculation (or Bond proceeds to be depos-
ited on the date of issuance of proposed Bonds) in the Debt Service Reserve Account,
the Additional Projects Account, or a similar fund for Second Lien Bonds or (2) cash or
non -callable Government Obligations are on deposit in an irrevocable escrow or trust
account in accordance with Section 9.1 hereof (or a similar escrow or trust account for
Second Lien Bonds) to pay such Bonds and such amounts (including, where appropri-
ate, the earnings or other increment to accrue thereon) are required to be applied to pay
Principal or interest and are sufficient to pay such Principal or interest on such Bonds.
Debt Service Reserve Account means the account by that name established in Sec-
tion 6.5 of this Resolution.
Debt Service Reserve Requirement means the amount determined from time to time
by the Issuer to be a reasonable reserve for the payment of Principal of and interest on
Senior Bonds. Initially, there shall be no Debt Service Reserve Requirement for the Se-
ries 2014 Bonds, and the Series 2014 Bonds shall not be secured by any amounts held
on deposit in the Debt Service Reserve Account. The Debt Service Reserve Require-
ment, if any, in connection with any Senior Bonds or other Second Lien Bonds shall be
as provided in the Series Resolution authorizing the issuance of such Senior Bonds or
Second Lien Bonds.
Debt Service Taxes means the taxes which may be levied by the Issuer against all
taxable property located within the incorporated area of the Issuer and thereafter trans-
ferred from the debt service fund of the Issuer established under Section 384.4 of the
Code of Iowa, as amended, to the Flood Project Fund to pay the Issuer's costs related
to the Bonds, as may be set forth in a Series Resolution.
Depository Bonds shall mean the Bonds as issued in the form of one global certifi-
cate for each maturity, registered in the Bond Register maintained by the Registrar in
the name of DTC or its nominee.
DTC shall mean The Depository Trust Company, New York, New York, a limited pur-
pose trust company, or any successor book -entry securities depository appointed for
the Bonds.
Economic Refunding shall mean the sale and issuance of refunding Bonds issued to
discharge and satisfy all or any portion of the Senior Bonds in accordance with Section
8.2 of this Resolution, and to pay related costs of issuance. The refunding (i) must pro-
duce annual debt service on the refunding Bonds that is not greater than the total (re-
maining) debt service on the refunded Bonds, (ii) shall not have a payment in any Fiscal
Year (through maturity of the new refunding Bonds) that is greater than the payment
due on the Bonds being refunded, and (iii) shall not extend the final maturity of the re-
funded Bonds.
Event of Default shall have the meaning ascribed to it in Section 10.1 hereof.
Financial Advisor means a financial advisory firm appointed by the Governing Body
for the purpose of assisting the Issuer with the structuring and offering of Bonds, Sec-
ond Lien Bonds or other obligations.
Fiscal Year shall mean the twelve-month period beginning on July I 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 Issuer. Requirements of a Fiscal Year as expressed in this Resolution shall ex-
clude 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 suc-
ceeding Fiscal Year.
Flood Project Fund means the fund by that name established in Section 6.2 of this
Resolution for the deposit of all Sales Tax Increment Revenues and other Pledged
Revenues.
Governing Body shall mean the City Council of the Issuer, or its successor in function
with respect to the operation and control of the Flood Project Fund.
Government Obligations means (a) direct obligations of the United States of America
for the full and timely payment of which the full faith and credit of the United States of
America is pledged or (b) obligations issued by an agency controlled or supervised by
and acting as an instrumentality of the United States of America, the full and timely
payment of the principal of and the interest on which is fully and unconditionally guaran-
teed as a full faith and credit obligation of the United States of America (including any
securities described in (a) or (b) issued or held in book -entry form on the books of the
Department of the Treasury of the United States of America), which obligations, in either
case, (i) are not subject to redemption or prepayment prior to maturity except at the op-
tion of the holder of such obligations and (ii) may include U.S. Treasury Trust Receipts.
Independent Auditor shall mean an independent firm of certified public accountants
or the Auditor of the State of Iowa.
Interest Payment Date means each date on which interest is to become due on any
Bonds, as established in the Series Resolution for such Bonds, and with respect to the
Series 2014 Bonds, shall be as specified in Section 2.2 hereof.
Investment Earnings means all interest received on and profits derived from invest-
ments of moneys in all funds and accounts of the Issuer established hereunder, other
than investments derived from or with respect to those funds or accounts established
within or as part of the Project Construction Fund or the Rebate Fund.
Issuer shall mean the City of Dubuque, Iowa.
Maximum Annual Debt Service Requirement means the maximum Debt Service Re-
quirement as computed for the then current or any future Fiscal Year.
Non-Appropriation means a determination by the Governing Body not to appropriate,
levy, collect and transfer Debt Service Taxes to the Flood Project Fund in the event of a
Shortfall on a series of Bonds, as described in the related Series Resolution.
Original Purchaser shall mean Robert W. Baird & Co., as the purchaser of the Series
2014 Bonds from the Issuer at the time of their original issuance.
Outstanding shall mean, as of a particular date, all such Bonds theretofore and
thereupon delivered except: (a) any such Bond cancelled by or on behalf of the Issuer
on or before said date; (b) any such Bond defeased pursuant to Section 9.1 of this Res-
olution or of the Series Resolution authorizing its issuance, or otherwise defeased as
permitted by applicable law; (c) any such Bond then held by or on behalf of the Issuer
and (d) any such Bond in lieu of or in substitution for which another bond shall have
been delivered pursuant to the Series Resolution authorizing the issuance of such
Bond.
Participants shall mean those broker-dealers, banks and other financial institutions
for which DTC holds Bonds as securities depository.
Paying Agent shall mean Wells Fargo Bank, N.A., or such successor as may be ap-
proved by the Issuer as provided herein and who shall carry out the duties prescribed
herein as the Issuer's agent to provide for the payment of principal of and interest on the
Bonds as the same shall become due.
Permitted Investments shall mean those obligations in which the Issuer is permitted
to invest moneys of the Issuer under applicable law and the Issuer's then-prevailing In-
vestment Policy.
Pledqed Revenues means the Sales Tax Increment Revenues; Investment Earnings;
any Debt Service Taxes levied and collected as may be provided in a Series Resolution
(but which shall only be pledged to the related series of Bonds), including any debt ser-
vice taxes levied and collected in respect of the Series 2014 Bonds under Section 2.2;
any other lawfully available funds that the Issuer appropriates to the Flood Project Fund
and pledges to the payment of one or more series of Bonds in a Series Resolution or a
Supplemental Resolution; and all other moneys paid into, and all moneys and securities
on deposit from time to time in, the funds and accounts specified in Section 6.2, but ex-
cluding any amounts required to be set aside pending, or used for, rebate to the United
States government pursuant to Section 148(0 of the Code, including, but not limited to,
amounts in the Rebate Fund.
Principal means the principal amount of such Bond.
Principal Maturity Date means each date on which Principal is to become due on any
Bonds, by maturity or mandatory sinking fund redemption, as established in the Series
Resolution for such Bonds.
Project shall mean the acquisition and construction of any phase, portion or compo-
nent of the Bee Branch Project.
Project Construction Costs with respect to any Project shall mean costs including the
following:
Project Construction Fund shall mean the fund by that name established in Section
5.1 of this Resolution.
Rating means a rating in one of the categories by a Rating Agency, disregarding
pluses, minuses, and numerical gradations.
Rating Agencies or Rating Agency means Fitch, Inc., Moody's Investors Service, Inc.,
and Standard & Poor's, a division of The McGraw-Hill Companies, Inc., or any succes-
sors thereto and any other nationally recognized credit rating agency then maintaining a
rating on any Bonds at the request of the Issuer. If at any time a particular Rating Agen-
cy does not have a rating outstanding with respect to the relevant Bonds, then a refer-
ence to Rating Agency or Rating Agencies shall not include such Rating Agency.
Rebate Fund means the fund by that name established in Section 6.6 of this Resolu-
tion.
Registrar shall mean Wells Fargo Bank, N.A., or such successor as may be approved
by the Issuer as provided herein and who shall carry out the duties prescribed herein
with respect to maintaining a register of the owners of the Bonds. Unless otherwise
specified, the Registrar shall also act as Transfer Agent for the Bonds.
Reimbursement Obligation means the obligation of the Issuer to directly reimburse
any Credit Facility Provider for amounts paid by such Credit Facility Provider under a
Credit Facility, whether or not such obligation to so reimburse is evidenced by a promis-
sory note or other similar instrument.
Representation Letter shall mean the Blanket Issuer Letter of Representations exe-
cuted by the Issuer and previously delivered to DTC.
Reserve Account Credit Facility means any letter of credit, insurance policy, line of
credit, or surety bond, together with any substitute or replacement therefor, if any, com-
plying with the provisions of this Resolution or a Series Resolution, thereby fulfilling all
or a portion of the Debt Service Reserve Requirement for the series of Bonds to which it
relates.
Reserve Account Credit Facility Agreement means any agreement between the Issu-
er and a Reserve Account Facility Provider relating to the issuance of a Reserve Ac-
count Credit Facility, as such agreement may be amended from time to time.
Reserve Account Credit Facility Provider means any provider of a Reserve Account
Credit Facility.
Resolution shall mean this Master Resolution of the Governing Body, as it may from
time to time be modified, supplemented or amended by Supplemental Resolutions.
Sales Tax Increment Revenues shall mean the increased sales tax revenues calcu-
lated and paid to the Issuer by the Iowa Department of Revenue in accordance with
Chapter 418 of the Code of Iowa, the regulations issued thereunder, and the Award
Agreement.
Second Lien Bond Account means the account by that name established in Section
6.7 of this Resolution.
Second Lien Bonds means the Series 2014 Bonds and any other Bonds issued with
a right to payment from the Pledged Revenues and secured by a lien on the Pledged
Revenues expressly junior and subordinate to the Senior Bonds (except with respect to
any Credit Facility or Debt Service Taxes which may be available only to one or more
series of Second Lien Bonds).
Senior Bonds means any Bonds issued with a right to payment and secured by a lien
on the Pledged Revenues pursuant to Section 8.3 of this Resolution.
Series 2014 Bonds shall mean the $7,190,000 Sales Tax Increment Revenue Bonds
(Unlimited Property Tax Supported), Second Lien Series 2014, dated the date of deliv-
ery, authorized to be issued under Section 2.2 of this Resolution.
Series 2014 Costs of Issuance Account means the account by that name within the
Project Construction Fund established in Section 5.1 of this Resolution.
Series 2014 Projects means the acquisition, construction and installation and equip-
ping of the Projects being financed with the proceeds of the Series 2014 Bonds, consist-
ing of the Lower Bee Branch Creek Restoration Project (Phases 4 and 7) and the Bee
Branch Flood Control Pumping Station Gates Replacement Project.
Series Resolution means a resolution or resolutions of the Governing Body (which
may be supplemented by one or more resolutions) to be adopted prior to and authoriz-
ing the issuance and delivery of any series of Bonds. This Resolution shall constitute
the Series Resolution for the Series 2014 Bonds. Such a Series Resolution as supple-
mented shall establish the date or dates of the pertinent series of Bonds, the schedule
of maturities of such Bonds, the obligation, if any, of the Issuer to levy Debt Service
Taxes in respect of such Bonds in the event of a Shortfall, the name of the purchaser(s)
of such series of Bonds, the purchase price thereof, the rate or rates of interest to be
borne thereby, whether fixed or variable, the interest payment dates for such Bonds, the
terms and conditions, if any, under which such Bonds may be made subject to redemp-
tion (mandatory or optional) prior to maturity, the form of such Bonds, and such other
details as the Issuer may determine.
Shortfall shall have the meaning described in Section 2.2 of this Resolution.
Sinking Fund shall mean the Bond Principal and Interest Account established in Sec-
tion 6.4 of this Resolution.
State shall mean the State of Iowa.
Supplemental Resolution means any Series Resolution and any other modification,
amendment or supplement to this Resolution.
Tax Exemption Certificate shall mean the Tax Exemption Certificate executed by the
Treasurer and delivered at the time of issuance and delivery of the Series 2014 Bonds.
Term Bonds means Bonds which mature on one Principal Maturity Date with a por-
tion of such Bond being required to be redeemed, prior to maturity, under a schedule of
mandatory redemptions set forth in a Series Resolution.
Treasurer shall mean the City Treasurer or such other officer of the Issuer as shall
succeed to the same duties and responsibilities.
U.S. Treasury Trust Receipts means receipts or certificates which evidence an undi-
vided ownership interest in the right to the payment of portions of the principal of or in-
terest on obligations described in clauses (a) or (b) of the term Government Obligations,
provided that such obligations are held by a bank or trust company organized under the
laws of the United States acting as custodian of such obligations, in a special account
separate from the general assets of such custodian.
ARTICLE II
THE BONDS
Section 2.1. Authority. The Bonds authorized by this Resolution shall be issued pur-
suant to Chapter 418 of the Code of Iowa in order to construct the Bee Branch Project,
and in compliance with all applicable provisions of the Constitution and laws of the State
of Iowa. The Bonds may be issued and sold from time to time in one or more series,
shall be designated "City of Dubuque, Iowa, Sales Tax Increment Revenue Bonds," and
shall be in substantially the form set forth in the related Series Resolution, but such var-
iations, omissions, substitutions, and insertions may be made therein, and such particu-
lar series designation, legends, or text may be endorsed thereon, as may be necessary
or appropriate to conform to and as required or permitted by this Resolution and any
Series Resolution or as may be necessary or appropriate to comply with applicable re-
quirements of the Code.
The Series 2014 Bonds authorized pursuant to Section 2.2 shall constitute the initial
series of Bonds issued and delivered under, and secured by, this Resolution and shall
be in substantially the form attached hereto as Exhibit A. Senior Bonds may be issued
from time to time as provided in, and subject to the limitations set forth in Section 8.3.
Second Lien Bonds may be issued from time to time as provided in, and subject to the
limitations set forth in, Section 8.4.
Unless otherwise provided in a Series Resolution, each authenticated Bond shall
bear interest from its dated date. Each Bond shall bear interest on overdue Principal at
the rate borne by such Bond until the Principal balance thereof is paid in full.
Unless otherwise provided in a Series Resolution, the Bonds shall be issued in fully
registered form in Authorized Denominations and shall be dated as provided in the per-
tinent Series Resolution.
The Principal of, premium, if any, and interest on the Bonds shall be payable in any
coin or currency of the United States of America which, at the respective dates of pay-
ment thereof, is legal tender for the payment of public and private debts.
The Bonds and the Registrar's Certificate of Authentication shall be in substantially
the form set forth as Exhibit A hereto or as otherwise set forth in the Series Resolution
pursuant to which such series of Bonds are issued.
Section 2.2. Details of Series 2014 Bonds; Stand-by Levy.
(a) Authorization, Purpose and Maturities. There are hereby authorized to be issued,
negotiable, serial, fully registered $7,190,000 Sales Tax Increment Revenue Bonds (Un-
limited Property Tax Supported), Second Lien Series 2014, dated the date of delivery,
for the purpose of paying costs of the Series 2014 Projects, and to pay related Costs of
Issuance. The Series 2014 Bonds shall be designated as "CITY OF DUBUQUE, IOWA,
SALES TAX INCREMENT REVENUE BONDS (UNLIMITED PROPERTY TAX SUP-
PORTED), SECOND LIEN SERIES 2014", and bear interest from the date thereof, until
payment thereof, at the office of the Paying Agent, said interest payable on December
1, 2014 and semiannually thereafter on the 1st day of June and December in each year
(each an "Interest Payment Date") until maturity at the rates hereinafter provided.
The Series 2014 Bonds shall be issued as Second Lien Bonds for all purposes of this
Resolution, and shall be junior and subordinate in lien and right of payment to all Senior
Bonds Outstanding at any time, except with respect to any Debt Service Taxes that may
be levied and collected under the provisions of this Section 2.2.
The Series 2014 Bonds and the Registrar's Certificate of Authentication shall be in
substantially the form set forth in Exhibit A [Provided], with such variations, omissions,
substitutions and insertions as are required or permitted by this Resolution.
The Series 2014 Bonds shall be executed by the manual or facsimile signature of the
Mayor and attested by the manual or facsimile signature of the City Clerk, 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 mail-
ing of a check, wire transfer or automated clearing house system transfer to the regis-
tered owner of the Bond. The Series 2014 Bonds shall be issued as Depository Bonds
and shall mature and bear interest as follows:
SERIAL BONDS
Interest
Rate
Principal
Amount
Maturity
June 1st
4.00%
$115,000
2023
4.00%
$1,075,000
2024
5.00%
$1,125,000
2025
5.00%
$1,125,000
2026
4.00%
$1,200,000
2027
4.00% $1,250,000 2028
5.00% $1,300,000 2029
Some or all of the Bonds issued after the Series 2014 Bonds may be Term Bonds.
Any requirement for the mandatory redemption of Term Bonds prior to maturity may be
satisfied to the extent that any Bonds of the same series and maturity shall have been
acquired by the Issuer and presented for cancellation to the Registrar on or prior to the
mandatory redemption date.
(b) Back-up Levy of Debt Service Taxes. The Series 2014 Bonds shall be payable
from the Pledged Revenues, as described in Article VI hereof. For the purpose of
providing funds to pay the Principal of and interest on the Series 2014 Bonds (but not
other Bonds) in the event that the Sales Tax Increment Revenues and amounts on de-
posit in the Flood Project Fund are otherwise insufficient to do so, there is hereby ap-
propriated to the Second Lien Bond Account and levied for each future year the follow-
ing direct annual tax on all of the taxable property in Dubuque, Iowa, to -wit:
AMOUNT
FISCAL YEAR (JULY 1 TO JUNE 30)
YEAR OF COLLECTION
$309,638
2014/2015
$323,100
2015/2016
$323,100
2016/2017
$323,100
2017/2018
$323,100
2018/2019
$323,100
2019/2020
$323,100
2020/2021
$323,100
2021/2022
$438,100
2022/2023
$1,393,500
2023/2024
$1,400,500
2024/2025
$1,344,250
2025/2026
$1,363,000
2026/2027
$1,365,000
2027/2028
$1,365,000
2028/2029
Notwithstanding the foregoing, the above levies of Debt Service Taxes shall be abat-
ed until such ime as the Issuer includes all or a portion of such levy amounts in its an-
nual budget under subsection (c) of this Section 2.2.
(c) Determination and Funding of Shortfall. In the event that the amounts on deposit
in the Second Lien Bond Account on March 15 of any year are not sufficient to make the
payments of the Principal of and interest due on the Series 2014 Bonds on the following
June 1 and during the following Fiscal Year (the difference between such available
amounts and the amounts due on the Series 2014 Bonds on such dates being referred
to herein as a "Shortfall"), the Issuer agrees to and covenants to include within its budg-
et for that Fiscal Year a levy of Debt Service Taxes in such amount as may be neces-
sary to make up the Shortfall and timely pay the full amount of the Principal of and in-
terest due on the Series 2014 Bonds on the following June 1 and during such Fiscal
Year, and for that purpose has authorized the stand-by levy set forth in subsection (b)
above. If the Issuer is required under this subsection to budget for such a levy and ap-
propriate Debt Service Taxes for the foregoing purposes for such Fiscal Year, the Issuer
shall collect such amounts into the debt service fund of the Issuer and thereafter trans-
fer the same to the Second Lien Bond Account for application to the payment of Princi-
pal of and interest on the Series 2014 Bonds during such Fiscal Year.
(d) Prior to the issuance and delivery of the Series 2014 Bonds a certified copy of this
Resolution shall be filed in the office of the County Auditor of Dubuque County to evi-
dence the Issuer's pledge of the Debt Service Taxes described herein.
Section 2.3. Issuance of Bonds in Book -Entry Form; Replacement Bonds.
(a) Notwithstanding the other provisions of this Resolution regarding registration,
ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines
in a Series Resolution to permit the exchange of Depository Bonds for Bonds in Author-
ized Denominations, the Bonds shall be issued as Depository Bonds in denominations
of the entire principal amount of each maturity of Bonds (or, if a portion of said principal
amount is prepaid, said principal amount less the prepaid amount); and such Depository
Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of
semi-annual interest for any Depository Bond shall be made by wire transfer or New
York Clearing House or equivalent next day funds to the account of Cede & Co. on the
interest payment date for the Bonds at the address indicated in or pursuant to the Rep-
resentation Letter.
(b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall
have any responsibility or obligation to any Participant or to any Beneficial Owner. With-
out limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent
shall have any responsibility or obligation with respect to (i) the accuracy of the records
of DTC or its nominee or of any Participant with respect to any ownership interest in the
Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person,
other than DTC or its nominee, of any notice with respect to the Bonds, (iii) the payment
to any Participant, any Beneficial Owner or any other person, other than DTC or its
nominee, of any amount with respect to the principal of, premium, if any, or interest on
the Bonds, or (iv) the failure of DTC to provide any information or notification on behalf
of any Participant or Beneficial Owner.
The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or
its nominee to be, the absolute owner of each Bond for the purpose of payment of the
principal of, premium, if any, and interest on such Bond, for the purpose of all other mat-
ters with respect to such Bond, for the purpose of registering transfers with respect to
such Bonds, and for all other purposes whatsoever (except for the giving of certain
Bondholder consents, in accordance with the practices and procedures of DTC as may
be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and
interest on the Bonds only to or upon the order of the Bondholders as shown on the
Bond Register, and all such payments shall be valid and effective to fully satisfy and
discharge the Issuer's obligations with respect to the principal of, premium, if any, and
interest on the Bonds to the extent so paid. Notwithstanding the provisions of this Reso-
lution to the contrary (including without limitation those provisions relating to the surren-
der of Bonds, registration thereof, and issuance in Authorized Denominations), as long
as the Bonds are Depository Bonds, full effect shall be given to the Representation Let-
ter and the procedures and practices of DTC thereunder, and the Paying Agent shall
comply therewith.
(c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its
functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that
the Bonds are no longer eligible for its depository services or (iii) a determination by the
Paying Agent that DTC has resigned or discontinued its services for the Bonds, if such
substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute
depository as set forth below or, if a satisfactory substitute is not found, (B) provide for
the exchange of Depository Bonds for replacement Bonds in Authorized Denominations.
(d) To the extent authorized by law, if the Issuer determines to provide for the ex-
change of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so
notify the Paying Agent and shall provide the Registrar with a supply of executed unau-
thenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners
of the Bonds and provide for such exchange, and to the extent that the Beneficial Own-
ers are designated as the transferee by the owners, the Bonds will be delivered in ap-
propriate form, content and Authorized Denominations to the Beneficial Owners, as their
interests appear.
(e) Any substitute depository shall be designated in writing by the Issuer to the Pay-
ing Agent. Any such substitute depository shall be a qualified and registered "clearing
agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amend-
ed. The substitute depository shall provide for (i) immobilization of the Depository
Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries
made on records of the depository or its nominee and (iii) payment of principal of, pre-
mium, if any, and interest on the Bonds in accordance with and as such interests may
appear with respect to such book entries.
Section 2.4. Registration of Bonds; Appointment of Registrar; Transfer; Own-
ership; and Cancellation.
(a) Registration. The ownership of Bonds may be transferred only by the making of
an entry upon the books kept for the registration and transfer of ownership of the Bonds,
and in no other way. Wells Fargo Bank, N.A. is hereby appointed as Bond Registrar for
the Series 2014 Bonds under the terms of this Resolution. Registrar shall maintain the
books of the Issuer for the registration of ownership of the Bonds for the payment of
principal of and interest on the Bonds as provided in this Resolution or the applicable
Series Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform
Commercial Code, subject to the provisions for registration and transfer contained in the
Bonds and in this Resolution or the applicable Series Resolution.
(b) Transfer. The ownership of any Bond may be transferred only upon the Bond
Register kept for the registration and transfer of Bonds and only upon surrender thereof
at the office of the Registrar together with an assignment duly executed by the holder or
his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar,
along with the address and social security number or federal employer identification
number of such transferee (or, if registration is to be made in the name of multiple indi-
viduals, of all such transferees). In the event that the address of the registered owner of
a Bond (other than a registered owner which is the nominee of the broker or dealer in
question) is that of a broker or dealer, there must be disclosed on the Bond Register the
information pertaining to the registered owner required above. Upon the transfer of any
such Bond, a new fully registered Bond, of any denomination or denominations permit-
ted by this Resolution or the applicable Series Resolution in aggregate principal amount
equal to the unmatured and unredeemed principal amount of such transferred fully reg-
istered Bond, and bearing interest at the same rate and maturing on the same date or
dates shall be delivered by the Registrar.
(c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the
Registrar shall register the Bonds, at the earliest practicable time, on the Bond Register
in accordance with the provisions of this Resolution or the applicable Series Resolution.
(d) Ownership. As to any Bond, the person in whose name the ownership of the
same shall be registered on the Bond Register of the Registrar shall be deemed and
regarded as the absolute owner thereof for all purposes, and payment of or on account
of the principal of any such Bonds and the premium, if any, and interest thereon shall be
made only to or upon the order of the registered owner thereof or his legal representa-
tive. All such payments shall be valid and effectual to satisfy and discharge the liability
upon such Bond, including the interest thereon, to the extent of the sum or sums so
paid.
(e) Cancellation. All Bonds which have been redeemed shall not be reissued but
shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall
be destroyed and a certificate of the destruction thereof shall be furnished promptly to
the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the can-
celled Bonds to the Issuer.
(f) Non -Presentment of Bonds. In the event any payment check representing pay-
ment of principal of or interest on the Bonds is returned to the Paying Agent or is not
presented for payment of principal at the maturity or redemption date, if funds sufficient
to pay such principal of or interest on Bonds shall have been made available to the Pay-
ing Agent for the benefit of the owner thereof, all liability of the Issuer to the owner
thereof for such interest or payment of such Bonds shall forthwith cease, terminate and
be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold
such funds, without liability for interest thereon, for the benefit of the owner of such
Bonds who shall thereafter be restricted exclusively to such funds for any claim of what-
ever nature on his part under this Resolution or the applicable Series Resolution or on,
or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such
funds shall continue for a period equal to two years and six months following the date
on which such interest or principal became due, whether at maturity, or at the date fixed
for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender
any remaining funds so held to the Issuer, whereupon any claim under this Resolution
or the applicable Series Resolution by the owners of such interest or Bonds of whatever
nature shall be made upon the Issuer.
Section 2.5. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any
outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer
shall at the request of Registrar authenticate and deliver a new Bond of like tenor and
amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitu-
tion for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in
lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Regis-
trar evidence satisfactory to the Registrar and Issuer that such Bond has been de-
stroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar
and Issuer with satisfactory indemnity and complying with such other reasonable regula-
tions as the Issuer or its agent may prescribe and paying such expenses as the Issuer
may incur in connection therewith.
Section 2.6. Record Date. Payments of principal and interest, otherwise than upon
full redemption, made in respect of any Bond, shall be made to the registered holder
thereof or to their designated agent as the same appear on the books of the Registrar
on the 15th day preceding the payment date. All such payments shall fully discharge the
obligations of the Issuer in respect of such Bonds to the extent of the payments so
made. Payment of principal shall only be made upon surrender of the Bond to the Pay-
ing Agent.
Section 2.7. Execution, Authentication and Delivery of the Series 2014 Bonds. Upon
the adoption of this Resolution, the Mayor and City Clerk shall execute and deliver the
Series 2014 Bonds to the Registrar, who shall authenticate the same and deliver the
same to or upon order of the Original Purchaser. No such Bond shall be valid or obliga-
tory for any purpose or shall be entitled to any right or benefit hereunder unless the
Registrar shall duly endorse and execute on such Bond a Certificate of Authentication
substantially in the form of the Certificate herein set forth. Such Certificate upon any
such Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond
so authenticated has been duly issued under this Resolution and that the holder thereof
is entitled to the benefits of this Resolution.
Section 2.8. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the
right to name a substitute, successor Registrar or Paying Agent for any Bonds upon giv-
ing prompt written notice to each registered Bondholder.
ARTICLE III
REDEMPTION OF BONDS
Section 3.1. Optional and Mandatory Redemption.
(a) Redemption Generally. The Bonds shall be subject to optional and mandatory re-
demption as provided in the Series Resolution pursuant to which such series of Bonds
are issued.
(b) Optional Redemption of Series 2014 Bonds. The Series 2014 Bonds maturing on
or after June 1, 2025 may be called for redemption by the Issuer and paid before ma-
turity on June 1, 2024 or any date thereafter, from any funds regardless of source, in
whole or in part, in any order of maturity and within an annual maturity by lot. The terms
of any redemption shall be par, plus accrued interest to date of call.
Section 3.2. Notice of Redemption. Unless waived by any registered owner of Bonds
to be redeemed and except as may be otherwise provided in a Series Resolution, offi-
cial notice of any such redemption shall be given by the Registrar of the Bonds to be
redeemed on behalf of the Issuer by mailing a copy of an official redemption notice by
first class mail, at least 30 days prior to the date fixed for redemption to the registered
owner of the Bond or Bonds to be redeemed at the address shown on the Bond Regis-
ter or at such other address as is furnished in writing by such registered owner to the
Registrar.
All official notices of redemption shall be dated, shall contain the complete official
name of the Bond issue, and shall state:
(1) the redemption date;
(2) the redemption price;
(3) the interest rate, maturity date and CUSIP numbers of the Bonds being re-
deemed;
(4) if less than all the Outstanding Bonds are to be redeemed, the Bond numbers,
and, where part of the Bonds evidenced by one Bond certificate are being redeemed,
the respective Principal amounts of such Bonds to be redeemed;
(5) that on the redemption date the redemption price will become due and payable
upon each such Bond or portion thereof called for redemption and that interest thereon
shall cease to accrue from and after such date; and
(6) the place where such Bonds are to be surrendered for payment of the redemption
price (which place of payment shall be the principal payment office of the Paying Agent
or at such other office designated by the Paying Agent for such purpose) and the name,
address, and telephone number of a person or persons at the Paying Agent who may
be contacted with respect to the redemption.
Any notice of an optional redemption of any Bonds (pursuant to Section 3.1(b) of this
resolution or any other Series Resolution) may specify that the redemption is contingent
upon the deposit of moneys with the Paying Agent in an amount sufficient to pay the re-
demption price (which price shall include the redemption premium, if any) of all the
Bonds or portions of Bonds which are to be redeemed on that date.
Prior to any redemption date, the Issuer shall deposit with the Paying Agent an
amount of money sufficient to pay the redemption price of all the Bonds or portions of
Bonds which are to be redeemed on that date.
For so long as DTC is effecting book entry transfers of the Bonds, the Registrar shall
provide the notices specified in this Section to DTC. It is expected that DTC shall, in
turn, notify its Participants and that the Participants, in turn, will notify or cause to be no-
tified the Beneficial Owners. Any failure on the part of DTC or a Participant, or failure on
the part of a nominee of a Beneficial Owner of a Bond (having been mailed notice from
the Registrar, a Participant or otherwise) to notify the Beneficial Owner of the Bond so
affected, shall not affect the validity of the redemption of such Bond.
Any defect in any notice of redemption shall not affect the validity of proceedings for
redemption of the Bonds.
Section 3.3. Effect of Notice of Redemption. Official notice of redemption having been
given in the manner and under the conditions provided in this Article and moneys for
payment of the redemption price being held by the Paying Agent as provided in the Se-
ries Resolution, the Bonds or portions of Bonds called for redemption shall, on the re-
demption date designated in such notice, become and be due and payable at the re-
demption price provided for redemption of such Bonds or portions of Bonds on such
date, and from and after such date interest on the Bonds or portions of Bonds called for
redemption shall cease to accrue, such Bonds or portions of Bonds shall cease to be
entitled to any lien, benefit, or security under the Series Resolution, and the owners of
such Bonds or portions of Bonds shall have no rights in respect thereof except to re-
ceive payment of the redemption price thereof. Upon surrender for partial redemption of
any Bond, there shall be prepared for and delivered to the registered owner a new Bond
or Bonds of the same series, maturity, and interest rate in the amount of the unpaid
Principal.
Section 3.4. Redemption Among Series. Subject to the redemption provisions of any
Series Resolution, the Issuer in its discretion may redeem the Bonds of any series, or a
portion of the Bonds of any such series, before it redeems the Bonds of any other se-
ries. Within any particular series, any redemption of Bonds shall be effected in the man-
ner provided in this Resolution and in any Series Resolution.
Section 3.5. Selection of Bonds to be Redeemed. If less than all of the Bonds of like
maturity of any series shall be called for redemption, the particular Bonds, or portions of
Bonds, to be redeemed shall be selected by the Paying Agent in such equitable manner
as the Paying Agent may determine. The portion of any Bond of a denomination of more
than $5,000 to be redeemed shall be in the Principal amount of $5,000 or an integral
multiple thereof, and, in selecting portions of such Bonds for redemption, the Issuer
shall treat each such Bond as representing that number of Bonds which is obtained by
dividing the Principal of such Bond to be redeemed in part by $5,000.
Section 3.6. Purchase in Open Market. Nothing herein contained shall be construed
to limit the right of the Issuer to purchase with any excess moneys in the Sinking Fund
(i.e., moneys not needed in the then current Fiscal Year to pay Principal of and interest
on any Senior Bonds) and for Sinking Fund purposes, any Senior Bonds in the open
market. Any such Senior Bonds so purchased shall not be reissued and shall be can-
celled.
ARTICLE IV
APPLICATION OF PROCEEDS
Section 4.1. Application of Series 2014 Bond Proceeds. The proceeds of the Series
2014 Bonds shall be applied as follows:
(i) An amount sufficient to pay Costs of Issuance of the Series 2014 Bonds shall be
deposited into the Series 2014 Costs of Issuance Account.
(ii) The amount of $632,737.50 shall be deposited into the Capitalized Interest Sub -
account of the Bond Principal and Interest Account and used to pay interest on the Se-
ries 2014 Bonds through June 1, 2016.
(iii) The balance of proceeds shall be deposited into the Project Construction Fund
and applied thereafter to pay Project Costs of the Series 2014 Projects.
ARTICLE V
PROJECT CONSTRUCTION FUND
Section 5.1. Project Construction Fund. There is hereby established a Project Con-
struction Fund and within the Project Construction Fund, there shall be established a
separate account for each Project and a separate Costs of Issuance Account for each
series of Bonds issued under a Series Resolution. Moneys in the Project Construction
Fund shall be held as may from time to time be designated by the Issuer, and applied to
the payment of the Project Costs, or for the repayment of advances made for that pur-
pose in accordance with and subject to the provisions and restrictions set forth in this
Article. The Issuer covenants that it will not cause or permit to be paid from the Project
Construction Fund any sums except in accordance with such provisions and re-
strictions; provided, however, that any moneys in the Project Construction Fund not
presently needed for the payment of current obligations during the course of construc-
tion may be invested in Permitted Investments maturing not later than (i) the date upon
which such moneys will be needed or (ii) 36 months from the date of purchase, in either
case upon direction of the Treasurer. Any such investments shall be held in trust for the
account of the Project Construction Fund until maturity or until sold, and at maturity or
upon such sale the proceeds received therefrom including accrued interest and premi-
um, if any, shall be immediately deposited in the Project Construction Fund and shall be
disposed of in the manner and for the purposes provided in the applicable Series Reso-
lution. At such time as all Costs of Issuance have been paid, and in any case not later
than 6 months after the date of issuance of the applicable series of Bonds, any money
in a Costs of Issuance Account shall be transferred to the Flood Project Fund.
Section 5.2. Funds Remaining on Completion of Projects. For each series of Bonds,
the Issuer shall, when a Project has been completed, and may, when a Project has
been substantially completed, estimate what portion of the funds remaining in the sepa-
rate account relating to such Project will be required by the Issuer for the payment or
reimbursement of the Project Costs of such Project, and thereafter such funds that will
not be used shall be, at the direction of the Governing Body, either (1) applied to pay
the costs of other Projects, (2) transferred to the Sinking Fund and used to redeem
Bonds of the related series on the next redemption date or to pay Principal of such
Bonds on the next Principal Maturity Date, or (3) transferred to the Sinking Fund and
used to pay interest on Bonds of the related series, provided that the Issuer shall first
obtain an opinion of bond counsel to the effect that, under existing law, the application
of such moneys to pay interest on such Bonds (a) is allowed under State law, and (b) if
such Bonds are tax-exempt Bonds, will not, by itself and without more, adversely affect
the exclusion from gross income for federal income tax purposes of interest payable on
such Bonds. When all moneys have been withdrawn or transferred from any separate
account within the Project Construction Fund in accordance with the provisions of this
Section, such separate account shall terminate and cease to exist.
ARTICLE VI
PLEDGED REVENUES AND FLOW OF FUNDS
Section 6.1. Pledge of Revenues; Limited Obligations. Subject only to the rights of
the Issuer to apply amounts as provided in this Article VI, all Pledged Revenues shall be
and are hereby pledged to the prompt payment of the Principal of, premium, if any, and
interest on the Bonds; provided, however, that a pledge of Debt Service Taxes made in
respect of a particular series of Bonds shall be limited to such Bonds, and shall not ex-
tend to or secure any other Bonds; and provided further that, except with respect to any
Debt Service Taxes that may be pledged to one or more series of Second Lien Bonds,
the pledge of the Pledged Revenues to any Second Lien Bonds shall be junior and sub-
ordinate in lien and right of payment to all Senior Bonds Outstanding at any time. Such
moneys and securities shall immediately be subject to the lien of this pledge for the
benefit of the Bondholders without any physical delivery thereof or further act, and the
lien of this pledge shall be valid and binding against the Issuer and against all other per-
sons having claims against the Issuer, whether such claims shall have arisen in tort,
contract, or otherwise, and regardless of whether such persons have notice of the lien
of this pledge. This pledge shall rank superior to all other pledges which may hereafter
be made of any of the Pledged Revenues. The lien of the pledge made in this Section
does not secure any obligation of the Issuer other than the Bonds.
Except to the extent as may otherwise be set forth in the applicable Series Resolu-
tion, (i) the Bonds shall be limited obligations of the Issuer as provided therein payable
solely from the Pledged Revenues, (ii) the Bonds and the interest thereon shall not con-
stitute a general obligation of the Issuer nor a debt, indebtedness, or obligation of the
Issuer or the State or any political subdivision thereof within the meaning of any consti-
tutional, statutory or charter provision whatsoever, and (iii) no taxing power of the Issuer
is pledged to the payment of the Principal of, premium, if any, or interest on the Bonds
or other costs incident thereto. Neither the members of the Governing Body nor any
person executing the Bonds shall be liable personally on the Bonds by reason of the is-
suance thereof.
Section 6.2. Special Funds and Accounts. The following special funds and accounts
shall be established, maintained and accounted for as hereinafter provided so long as
any of the Bonds remain Outstanding:
(a) Flood Project Fund;
(b) Bond Principal and Interest Account;
(c) Debt Service Reserve Account;
(d) Rebate Fund;
(e) Second Lien Bond Account (while Second Lien Bonds are Outstanding);
(f) Additional Projects Account; and
(g) Project Construction Fund.
The Bond Principal and Interest Account, Debt Service Reserve Account, Second
Lien Bond Account and Additional Projects Account shall be held within the Flood Pro-
ject Fund, and along with the Rebate Fund are further described in this Article VI. The
Project Construction Fund is described in Article V. The Issuer shall have the right to
create special accounts or sub -accounts, from time to time, in each of the foregoing
funds and accounts as the Governing Body determines to be desirable.
Section 6.3. Flow of Funds. All Pledged Revenues shall be deposited as received in-
to the Flood Project Fund. Moneys from time to time credited to the Flood Project Fund
shall be applied on the first day of each fiscal quarter to the funds and accounts hereby
established in the following order of priority:
(a) First, to transfer all amounts to the Bond Principal and Interest Account as re-
quired by Section 6.4 of this Resolution.
(b) Second, to transfer all amounts to the Debt Service Reserve Account as required
by Section 6.5 of this Resolution.
(c) Third, to transfer all amounts to the Rebate Fund as required by Section 6.6 of
this Resolution.
(d) Fourth, to transfer all amounts to the Second Lien Bond Account as required by
Section 6.7 of this Resolution.
(e) Fifth, to make deposits to the Additional Projects Account as required in Section
6.8 of this Resolution.
Section 6.4. Bond Principal and Interest Account.
(a) General. Sufficient moneys shall be paid in periodic installments from the Flood
Project Fund into the Sinking Fund for the purpose of paying the Principal of and inter-
est on the Senior Bonds as they become due and payable; provided, however, that if
the Issuer has levied and collected any Debt Service Taxes to pay a portion of the Prin-
cipal of or interest on any series of Bonds, such Debt Service Taxes shall be allocated
only to (i) the Sinking Fund accounts related to such series of Senior Bonds or (ii) the
Second Lien Bond Account for such series of Second Lien Bonds, as applicable.
Amounts held in the Sinking Fund shall be used solely to pay interest and Principal of
the Senior Bonds as the same become due and payable (whether at maturity or upon
redemption).
(b) Interest. On or before the 30th day preceding each Interest Payment Date for Sen-
ior Bonds, the Issuer shall deposit in the Sinking Fund an amount which, together with
any other moneys already on deposit therein and available to make such payment, is
not less than the interest coming due on such Senior Bonds on such Interest Payment
Date.
(c) Capitalized Interest. A separate subaccount shall be established for each series of
Bonds that are to be paid in part with capitalized interest. In the case of the Series 2014
Bonds, the Issuer shall, not less than 5 business days prior to each Interest Payment
Date in the period through June 1, 2016 (the "Capitalized Interest Period"), transfer to
the interest subaccount of the Second Lien Bond Account from the Capitalized Interest
Subaccount an amount sufficient to pay interest on the Series 2014 Bonds on such In-
terest Payment Date. Any amounts remaining in the Capitalized Interest Subaccount
after the Capitalized Interest Period shall be transferred to the Project Construction
Fund, and the Capitalized Interest Subaccount for the Series 2014 Bonds shall be
closed.
(d) Principal. On or before the 30th day preceding each Principal Maturity Date for
Senior Bonds, the Issuer shall deposit in the Sinking Fund an amount which, together
with any other moneys already on deposit therein and available to make such payment,
is not less than the Principal coming due on such Senior Bonds on such Principal Ma-
turity Date.
(e) Deficiencies. If at any time the amounts in any account of the Sinking Fund are
less than the amounts required by this Resolution, and there are not on deposit in the
Additional Projects Account available moneys sufficient to cure any such deficiency,
then the Issuer shall withdraw from the funds and accounts relating to Second Lien
Bonds and deposit in such account of the Sinking Fund, as the case may be, the
amount necessary (or all the moneys in such funds and accounts, if less than the
amount required) to make up such deficiency; provided, however, that no amounts rep-
resenting Debt Service Taxes that may be on deposit in the Second Lien Bond Account
shall be withdrawn from the Second Lien Bond Account to cure any such deficiencies,
but shall instead be applied solely to the payment of the Second Lien Bonds for which
the Debt Service Taxes were levied.
(f) Application of Money in Sinking Fund. No further payments need be made into the
Sinking Fund for a series of Senior Bonds whenever the amount available in the Sinking
Fund, if added to the amount then in the Debt Service Reserve Account for such series
of Senior Bonds (without taking into account any amount available to be drawn on any
Reserve Account Credit Facility), is sufficient to retire all such Senior Bonds then Out-
standing and to pay all unpaid interest accrued and to accrue prior to such retirement.
No moneys in the Sinking Fund shall be used or applied to the optional purchase or re-
demption of Senior Bonds prior to maturity unless: (i) provision shall have been made
for the payment of all of the Senior Bonds; or (ii) such moneys are applied to the pur-
chase and cancellation of Senior Bonds which are subject to mandatory redemption on
the next mandatory redemption date, which falls due within 12 months, such Senior
Bonds are purchased at a price not more than would be required for mandatory re-
demption, and such Senior Bonds are cancelled upon purchase; or (iii) such moneys
are in excess of the then required balance of the Sinking Fund and are applied to re-
deem a part of the Senior Bonds Outstanding on the next succeeding redemption date
for which the required notice of redemption may be given.
(g) Application of Excess in Sinking Fund. Whenever at the end of each Fiscal Year
the amount of moneys in any account of the Sinking Fund exceeds the amount then
currently required to be held therein, the excess shall be transferred to the Flood Project
Fund.
Section 6.5. Debt Service Reserve Account. (a) There shall be no deposit made into
the Debt Service Reserve Account upon the issuance of the Series 2014 Bonds, and
the Series 2014 Bonds shall not be secured by any amounts held in the Debt Service
Reserve Account. There shall be deposited into the Debt Service Reserve Account any
amounts specified in Series Resolutions with respect to any Senior Bonds, and the Is-
suer shall establish a separate subaccount within the Debt Service Reserve Account for
each series of Senior Bonds to be secured thereby. After the issuance of any Senior
Bonds, the increase in the amount of the Debt Service Reserve Requirement, if any, re-
sulting from the issuance of such Senior Bonds shall be accumulated, to the extent not
covered by deposits from Bond proceeds or funds on hand, over a period not exceeding
5 calendar years from the date of delivery of such Senior Bonds in quarterly deposits
("Accumulation Payments"), none of which is less than 1/20 of the amount to be accu-
mulated. The balance of the Debt Service Reserve Account shall be maintained at an
amount equal to the Debt Service Reserve Requirement (or such lesser amount that is
required to be accumulated in the Debt Service Reserve Account in connection with the
periodic accumulation to the Debt Service Reserve Requirement after the issuance of
Senior Bonds or upon the failure of the Issuer to provide a substitute Reserve Account
Credit Facility in certain events).
(b) There shall be transferred from the Flood Project Fund on a pro rata basis (1) to
the Debt Service Reserve Account the amount necessary to restore, as further de-
scribed below, the amount of cash and securities in the Debt Service Reserve Account
to an amount equal to the difference between (a) the Debt Service Reserve Require-
ment (or such lesser quarterly amount that is required to be deposited into the Debt
Service Reserve Account after the issuance of Senior Bonds or upon the failure of the
Issuer to provide a substitute Reserve Account Credit Facility in certain events) and (b)
the portion of the required balance of the Debt Service Reserve Account satisfied by
means of a Reserve Account Credit Facility, and (2) to any Reserve Account Credit Fa-
cility Provider the amount necessary to reinstate any Reserve Account Credit Facility
which has been drawn down. Whenever for any reason the amount in the Sinking Fund
is insufficient to pay all interest or Principal becoming due on the Senior Bonds within
the next seven days, the Issuer shall make up any deficiency by transfers from the fol-
lowing funds and accounts, in the following order of priority: first, from the Additional
Projects Account; and second, from the funds and accounts of the Issuer relating to
Second Lien Bonds. Whenever, on the date that such interest or Principal is due, there
are insufficient moneys in the Sinking Fund available to make such payment, the Issuer
shall, without further instructions, apply so much as may be needed of the moneys in
the Debt Service Reserve Account to prevent default in the payment of such interest or
Principal, with priority to interest payments, but only on Senior Bonds that are secured
by amounts on deposit in the Debt Service Reserve Account. Whenever by reason of
any such application or otherwise (other than required Accumulation Payments), the
amount remaining to the credit of the Debt Service Reserve Account is less than the
amount then required to be in the Debt Service Reserve Account, such deficiency shall
be remedied by quarterly deposits from the Flood Project Fund over a period not ex-
ceeding 5 calendar years, none of which deposits shall be less than 1/20 of the amount
to be so replenished, as provided in Section 6.3 of this Resolution.
(c) The Issuer may elect to satisfy in whole or in part the Debt Service Reserve Re-
quirement by means of a Reserve Account Credit Facility, subject to the following re-
quirements: (A) the Reserve Account Credit Facility Provider must have a credit rating
issued by a Rating Agency not less than the then current Rating on the related series of
Senior Bonds (or, in the case of a series of Senior Bonds supported by a Credit Facility,
the underlying rating on such Senior Bonds); (B) the Issuer shall not secure any obliga-
tion to the Reserve Account Credit Facility Provider by a lien equal to or superior to the
lien granted to the related series of Senior Bonds; (C) each Reserve Account Credit Fa-
cility shall have a term of at least one (1) year (or, if less, the remaining term of the re-
lated series of Senior Bonds) and shall entitle the Issuer to draw upon or demand pay-
ment and receive the amount so requested in immediately available funds on the date
of such draw or demand; (D) the Reserve Account Credit Facility shall permit a drawing
by the Issuer for the full stated amount in the event (i) the Reserve Account Credit Facil-
ity expires or terminates for any reason prior to the final maturity of the related series of
Senior Bonds, and (ii) the Issuer fails to satisfy the Debt Service Reserve Requirement
by the deposit to the Debt Service Reserve Account of cash, obligations, a substitute
Reserve Account Credit Facility, or any combination thereof, on or before the date of
such expiration or termination; (E) if the Rating issued by the Rating Agency to the Re-
serve Account Credit Facility Provider is withdrawn or reduced below the Rating as-
signed to the related series of Senior Bonds immediately prior to such action by the Rat-
ing Agency, the Issuer shall provide a substitute Reserve Account Credit Facility within
sixty (60) days after such rating change, and, if no substitute Reserve Account Credit
Facility is obtained by such date, shall fund the Debt Service Reserve Requirement in
not more than twelve (12) equal quarterly deposits commencing not later than the first
day of the fiscal quarter immediately succeeding the date representing the end of such
sixty (60) day period; (F) if the Reserve Account Credit Facility Provider commences
any insolvency proceedings or is determined to be insolvent or fails to make payments
when due on its obligations, the Issuer shall provide a substitute Reserve Account Cred-
it Facility within sixty (60) days thereafter, and, if no substitute Reserve Account Credit
Facility is obtained by such date, shall fund the Debt Service Reserve Requirement in
not more than twelve (12) equal quarterly deposits commencing not later than the first
day of the fiscal quarter immediately succeeding the date representing the end of such
sixty (60) day period; and (G) the prior written consent of the Credit Facility Provider, as
to the provider and the structure of the Reserve Account Credit Facility, shall be ob-
tained by the Issuer. If the events described in either clauses (E) or (F) above occur, the
Issuer shall not relinquish the Reserve Account Credit Facility at issue until after the
Debt Service Reserve Requirement is fully satisfied by the provision of cash, obliga-
tions, or a substitute Reserve Account Credit Facility or any combination thereof. Any
amount received from the Reserve Account Credit Facility shall be deposited directly
into the Sinking Fund, and such deposit shall constitute the application of amounts in
the Debt Service Reserve Account. Repayment of any draw -down on the Reserve Ac-
count Credit Facility (other than repayments which reinstate the Reserve Account Credit
Facility) and any interest or fees due the Reserve Account Credit Facility Provider under
such Reserve Account Credit Facility shall be secured by a lien on the Pledged Reve-
nues subordinate to payments into the Sinking Fund and the Rebate Fund and pay-
ments to any Credit Facility Provider securing Senior Bonds.
(d) Any such Reserve Account Credit Facility shall be pledged to the benefit of the
owners of all or one or more designated series of the Senior Bonds. The Issuer re-
serves the right, if it deems it necessary in order to acquire such a Reserve Account
Credit Facility, to amend the Series Resolution without the consent of any of the owners
of the Bonds in order to grant to the Reserve Account Credit Facility Provider such addi-
tional rights as it may demand, provided that such amendment shall not, in the written
opinion of bond counsel filed with the Issuer, impair or reduce the security granted to
the owners of Senior Bonds or any of them.
Section 6.6. Rebate Fund. The Issuer shall calculate, from time to time, as required in
order to comply with the provisions of Section 148(0 of the Internal Revenue Code of
1986, as amended, the amounts required to be rebated (including penalties) to the
United States and shall deposit or cause to be deposited into the Rebate Fund any and
all of such amounts promptly following a determination of any such amount. To the ex-
tent amounts on deposit in the Additional Projects Account are not available for such
purposes, the Issuer shall budget for, levy and collect Debt Service Taxes sufficient in
amount to make any required rebate payments to the United States.
The Issuer shall direct any depository of the Rebate Fund to keep all moneys held
therein invested in Permitted Investments. To the extent and at the times required in or-
der to comply with Section 148(0 of the Code, the Issuer may withdraw funds from the
Rebate Fund for the purpose of making rebate payments (including penalties) to the
United States as required by Section 148(0 of the Code. Except as otherwise specifical-
ly provided in this Section, moneys in the Rebate Fund may not be withdrawn from the
Rebate Fund for any other purpose.
All Investments Earnings held in the Rebate Fund shall be retained in the Rebate
Fund and shall become part of the Rebate Fund. Moneys held in the Rebate Fund, in-
cluding the Investment Earnings thereon, if any, shall not be subject to a pledge in favor
of the owners of the Bonds under the Series Resolution and may not be used to pay
amounts due on the Bonds or other Project Costs.
Whenever the Issuer has filed all reports required to be filed with the United States
pursuant to Section 148(0 of the Code with respect to any series of Bonds and has
made all payments required to be made to the United States pursuant to Section 148(0
of the Code relating thereto, all moneys or investments remaining in the Rebate Fund
may be transferred to the Additional Projects Account, and such moneys and invest-
ments may be used by the Issuer for any lawful purpose.
Section 6.7. Second Lien Bond Account.
(a) So long as any Second Lien Bonds remain Outstanding, there shall next be trans-
ferred into the Second Lien Bond Account from the Flood Project Fund such amounts
as may be required to be deposited into the funds and accounts created by any Series
Resolution authorizing the issuance of Second Lien Bonds, for the purpose of paying
Principal of and interest on Second Lien Bonds, and accumulating reserves for such
payments. Except as provided in Section 6.5 of this Resolution, moneys credited to the
Second Lien Bond Account shall be used solely for the purpose provided in the Series
Resolutions authorizing the Second Lien Bonds.
(b) On or before the 30th day preceding each Interest Payment Date for the Series
2014 Bonds, the Issuer shall deposit in the interest subaccount of the Second Lien
Bond Account an amount which, together with any other moneys already on deposit
therein and available to make such payment and any amounts available in the Capital-
ized Interest Subaccount for the Series 2014 Bonds, is not less than the amount coming
due on the Series 2014 Bonds on such Interest Payment Date.
(c) On or before the 30th day preceding each Principal Maturity Date for the Series
2014 Bonds, the Issuer shall deposit in the Principal subaccount of the Second Lien
Bond Account an amount which, together with any other moneys already on deposit
therein and available to make such payment, is not less than the Principal coming due
on the Series 2014 Bonds on such Principal Maturity Date.
(d) All Debt Service Taxes levied and collected under the provisions of Section 2.2 of
this Resolution shall be deposited in the Second Lien Bond Account for the Series 2014
Bonds and used exclusively for the payment of the Principal of and interest on the Se-
ries 2014 Bonds.
Section 6.8. Additional Projects Account. There is hereby established an Additional
Projects Account for the purpose of paying Project Costs of the Bee Branch Project be-
yond those being financed with the Series 2014 Bonds. All sums accumulated and re-
tained in the Additional Projects Account shall be used first to prevent default in the
payment of interest on or Principal of the Senior Bonds when due and then shall be ap-
plied by the Issuer from time to time, as and when the Issuer shall determine, to the fol-
lowing purposes and, in the order of priority determined by the Issuer in its sole discre-
tion: (a) for the purposes for which moneys held in the Flood Project Fund may be ap-
plied under Section 6.3, (b) to pay the Project Costs of any other phases of the Bee
Branch Project deemed necessary by the Issuer (including payments under contracts
with vendors, suppliers, and contractors for the foregoing purposes), (c) to acquire any
Bonds by redemption or by purchase in the open market at a price not exceeding the
callable price as provided and in accordance with the terms and conditions of this Reso-
lution, prior to their respective maturities, and when so used for such purposes the
moneys shall be withdrawn from the Additional Projects Account and deposited into the
Sinking Fund or Second Lien Bond Account, as applicable, for the Bonds to be so re-
deemed or purchased and (d) for any other purpose of the Issuer allowed under the
Award Agreement, including but not limited to the payment of debt service on other ob-
ligations of the Issuer, not secured by the Pledged Revenues, that have been issued to
pay Project Costs of the Bee Branch Project.
Section 6.9. Deficiencies in Funds. If in any quarter there shall not be transferred into
any fund maintained pursuant to this Article, the full amounts required herein, amounts
equivalent to such deficiency shall be set apart and transferred to such fund or funds
from the first available and unallocated moneys in the Flood Project Fund, and such
transfer shall be in addition to the amounts otherwise required to be transferred to such
funds during any succeeding quarter or quarters.
Section 6.10. Investment of Funds; Transfer of Investment Earnings.
(a) Monies in all funds shall, at the option and direction of the Treasurer, be invested
and secured in the manner required by law for public funds, in any Permitted Invest-
ments; provided that all such deposits and investments shall be made in such manner
that the money required to be expended from any fund will be available at the proper
time or times. All such investments shall be valued no less frequently than the last busi-
ness day of the Issuer's fiscal year at cost (taking into account normal amortization and
accretions of premiums and discounts) or, in the case of investments having a maturity
greater than five years from the date of valuation, at market value, except that any direct
obligations of the United States of America - State and Local Government Series shall
be continuously valued at their par value or principal face amount. For purposes of max-
imizing investment returns, money in such funds may be invested, together with money
in other funds or with other money of the Issuer, in common investments of the kind de-
scribed above, or in a common pool of such investments maintained by the Issuer which
shall be kept and held at an official depository of the Issuer, which shall not be deemed
to be a loss of the segregation of such money or funds. Safekeeping receipts, certifi-
cates of participation or other documents clearly evidencing the investment or invest-
ment pool in which such money is invested and the share thereof purchased with such
money or owned by such fund shall be held by or on behalf of each such fund. If and to
the extent necessary, such investments shall be promptly sold to prevent any default.
(b) To the extent it is not otherwise provided for in a Series Resolution or is needed to
eliminate a deficiency, all Investment Earnings derived from deposits and investments
credited to the funds established in this Article are Pledged Revenues and shall be
transferred or credited to the Flood Project Fund.
(c) Notwithstanding anything to the contrary contained herein, any interest and in-
come derived from deposits and investment of any amounts credited to any fund or ac-
count may be paid to the federal government if in the written opinion of bond counsel
such payment is required in order to prevent interest on any Bonds from being includa-
ble within the gross income of the owners thereof for federal income tax purposes.
ARTICLE VII
GENERAL PROVISIONS
Section 7.1. Project -Related Covenants. The Issuer hereby covenants and agrees
with each and every holder of the Bonds:
(a) The Issuer will construct the Bee Branch Project in accordance with the Award
Agreement and all applicable state and federal laws, and will timely request the Sales
Tax Increment Revenues from the Iowa Department of Revenue in an amount not less
than the Principal and interest on the Bonds falling due within each Fiscal Year, and ap-
ply the same to the funds and accounts as provided in Section 6.3 of this Resolution,
unless the Bonds are paid or sufficient provision for their payment is made.
(b) The Issuer will punctually pay or cause to be paid from the Flood Project Fund,
the Principal of and interest on the Bonds in strict conformity with the terms of the
Bonds and this Resolution, and it will faithfully observe and perform all of the conditions,
covenants and requirements thereof and hereof.
(c) The Issuer will pay and discharge, or cause to be paid and discharged, from the
Flood Project Fund, any and all lawful claims which, if unpaid, might become a lien or a
charge upon the Pledged Revenues, or any part thereof, or which might impair the se-
curity of the Bonds. Nothing herein contained shall require the Issuer to make any such
payments so long as the Issuer in good faith shall contest the validity of said claims.
(d) The Issuer will keep, or cause to be kept, proper books of record and accounts,
separate from all other records and accounts of the Issuer, in which complete and cor-
rect entries shall be made of all transactions relating to the Pledged Revenues. Such
books of record and accounts shall at all times during regular business hours be subject
to inspection by the holders of not less than 10% of the principal amount of the Bonds
then outstanding, or their representatives authorized in writing.
(e) The Issuer will prepare or cause the preparation of within 240 days after the close
of each Fiscal Year of the Issuer so long as any of the Bonds remain outstanding, com-
plete financial statements with respect to the preceding Fiscal Year showing the Sales
Tax Increment Revenues received, and all disbursements from the funds and accounts
created by this Resolution, including the balances in all funds and accounts relating to
the Bonds as of the end of such Fiscal Year, which statements shall be accompanied by
a certificate or written opinion of an Independent Auditor; provided, however, that no
separate financial statements shall be required to be prepared by the Issuer if the fore-
going information is included in the Issuer's comprehensive annual financial report for
that Fiscal Year. The Issuer shall furnish a copy of such statements to any Bondholder
upon written request thereof.
(f) The Issuer will preserve and protect the security of the Bonds and the rights of the
holders of the Bonds, and will warrant and defend their rights against all claims and de-
mands of all persons. From and after the sale and delivery of the Bonds by the Issuer,
the Bonds shall be incontestable by the Issuer.
(g) The Issuer will adopt, make, execute and deliver any and all such further resolu-
tions, instruments and assurance as may be reasonably necessary to carry out the in-
tention of, or to facilitate the performance of, this Resolution, and for the better assuring
and confirming unto the holders of the Bonds the rights and benefits provided in this
Resolution.
(h) As long as any portion of the Bonds remain outstanding, the Issuer will continue
to collect, deposit and apply the Pledged Revenues as provided herein. The Issuer cov-
enants and agrees with the holders of the Bonds so long as any portion of the Bonds
remain outstanding, the Issuer will take no action or fail to take any action which in any
way would adversely affect the ability of the Issuer to allocate or collect the Sales Tax
Increment Revenues. The Issuer and its officers will comply with all present and future
applicable laws in order to assure that the Sales Tax Increment Revenues may be col-
lected and deposited into the Flood Project Fund for the credit of the respective funds
and accounts thereof, as provided herein.
(i) The Issuer will faithfully and punctually perform all duties with reference to the Bee
Branch Project required by the laws of the State of Iowa and the Award Agreement, in-
cluding the submission of the reports required by Section 418.12(6) of the Code of Iowa,
and will segregate the Pledged Revenues and apply the same to the funds as specified
in this Resolution.
(j) The Issuer reserves the right to amend the Award Agreement for the Bee Branch
Project in its lawful discretion; provided, that in no event shall obligations resulting from
an amendment thereof have any priority over the Bonds or adversely affect the ability of
the Issuer to pay Principal of and interest on the Bonds as they become due or to com-
ply with its other obligations under this Resolution.
Section 7.2. Reserved.
Section 7.3. Disposition of Bond Proceeds; Arbitrage Not Permitted. The Issuer rea-
sonably expects and covenants that no use will be made of the proceeds from the issu-
ance and sale of the Series 2014 Bonds issued hereunder which will cause any of the
Series 2014 Bonds to be classified as arbitrage bonds within the meaning of Section
148(a) and (b) of the Code, and that throughout the term of said Series 2014 Bonds 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 Series 2014 Bonds will be used in a manner that
would cause such Bonds to be arbitrage bonds. Without limiting the generality of the
foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption
Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated
by reference as part of this Resolution. The Treasurer is hereby directed to make and
insert all calculations and determinations necessary to complete the Tax Exemption
Certificate in all respects and to execute and deliver the Tax Exemption Certificate at
issuance of the Series 2014 Bonds 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 Series
2014 Bonds 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 respect to the Series 2014 Bonds, 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 bond counsel that
the proposed investment action will not cause the Series 2014 Bonds to be classified as
arbitrage bonds under Section 148(a) and (b) of the Code.
The Issuer covenants that it will proceed with due diligence to spend the proceeds of
the Series 2014 Bonds 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 con-
struction of facilities or change in the use of any portion of the facilities constructed
therefrom by persons 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 Series 2014 Bonds not to be ex-
empt from federal income taxes in the hands of holders under the provisions of the
Code.
Section 7.4. Additional Covenants, Representations and Warranties of the Issuer.
The Issuer certifies and covenants with the purchasers and holders of the Series 2014
Bonds from time to time outstanding that the Issuer through its officers, (a) will make
such further specific covenants, representations and assurances as may be necessary
or advisable; (b) comply with all representations, covenants and assurances contained
in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part
of the contract between the Issuer and the owners of the Series 2014 Bonds; (c) consult
with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United
States, as necessary, such sums of money representing required rebates of excess ar-
bitrage profits relating to the Series 2014 Bonds; (e) file such forms, statements and
supporting documents as may be required and in a timely manner; and (f) if deemed
necessary or advisable by its officers, to employ and pay fiscal agents, financial advi-
sors, attorneys and other persons to assist the Issuer in such compliance.
ARTICLE VIII
SENIOR BONDS AND SUBORDINATE BONDS
Section 8.1. No Prior Lien Bonds nor Senior Bonds Except as Permitted in the Reso-
lution. All Senior Bonds shall have complete parity of lien on the Pledged Revenues de-
spite the fact that any of the Senior Bonds may be delivered at an earlier date than any
other of the Senior Bonds; provided, however, that a pledge of Debt Service Taxes
made in respect of a particular series of Bonds shall be limited to such Bonds and shall
not extend to or secure any other series of Bonds. The Issuer may issue Senior Bonds
in accordance with this Resolution, but the Issuer shall issue no other obligations of any
kind or nature payable from or enjoying a lien on the Pledged Revenues or any part
thereof having priority over or, except as permitted in this Resolution, on a parity with
other Senior Bonds.
Section 8.2. Refunding Bonds. Any or all of the Senior Bonds may be refunded prior
to maturity, upon redemption in accordance with their terms, or with the consent of the
owners of such Senior Bonds, and the refunding Bonds so issued shall constitute Sen-
ior Bonds, if:
(a)The Issuer shall have obtained a report from an Independent Auditor or a Financial
Advisor, at or before issuance of the refunding Bonds, demonstrating that the refunding
will constitute an Economic Refunding.
(b)The requirement of Section 8.3(e) is met with respect to such refunding Bonds.
Section 8.3. Senior Bonds. Additional Bonds (including refunding Bonds which do not
meet the requirements of Section 8.2) may be issued pursuant to a Series Resolution,
and the Bonds so issued shall constitute Senior Bonds, if all of the following conditions
are satisfied:
(a) The Principal amount of the proposed Senior Bonds, when added to the Principal
amount of any other Senior Bonds then Outstanding (but excluding any refunding
Bonds issued under Section 8.2), does not exceed the aggregate amount of Fifty Eight
Million Four Hundred Thousand Dollars ($58,400,000).
(b) If the proposed Senior Bonds will not be secured by a stand-by levy of Debt Ser-
vice Taxes, (i) the Sales Tax Increment Revenues collected by the Issuer during the
most recently completed Fiscal Year prior to the issuance of the proposed Senior Bonds
were at least equal to 100% of the annual Debt Service Requirement for such Fiscal
Year on all Bonds then Outstanding, subject, however, to adjustment as described in
clause (d), and (ii) the Issuer shall have received a projection meeting the requirements
in clause ( c) below, which projects that the future collections of Sales Tax Increment
Revenues will be at least equal to 100% of the projected Debt Service Requirements on
all Bonds, taking into account all Outstanding Bonds and the Senior Bonds proposed to
be issued.
(c) The projection of Sales Tax Increment Revenues required by clause (b) above
must be prepared by a Financial Advisor selected by the Issuer. In projecting Sales Tax
Increment Revenues, the Financial Advisor shall assume that the amounts collected by
the Issuer under the Award Agreement during the most recent quarter for which Sales
Tax Increment Revenues were distributed to the Issuer will continue to be collected dur-
ing each succeeding quarter for the remainder of that Fiscal Year, and that the annual
amount so determined would thereafter increase at an annual rate of not more than one
and one-half percent (1.5%).
(d) For purposes of sub -clause (i) of clause (b) above, if the Issuer has not received
collections of Sales Tax Increment Revenues for a full Fiscal Year prior to the issuance
of the proposed Senior Bonds, it shall be presumed that the amounts collected by the
Issuer under the Award Agreement during the most recent quarter for which Sales Tax
Increment Revenues were distributed to the Issuer will continue to be collected during
each succeeding quarter for the remainder of that Fiscal Year, and such calculation
shall be included in the projection required by clause (b).
(e) The Issuer shall have received, at or before issuance of the Senior Bonds, a re-
port from an Independent Auditor to the effect that the payments required to be made
into each account of the Sinking Fund, the Debt Service Reserve Account and the Sec-
ond Lien Bond Account have been made and the balance in each account of each such
Fund is not less than the balance required by this Resolution as of the last day of the
month preceding the date of issuance of the proposed Senior Bonds.
(f) If the proposed Senior Bonds will be secured by amounts held in the Debt Service
Reserve Account, the Series Resolution authorizing the proposed Senior Bonds must
require (i) that the amount to be accumulated and maintained in the Debt Service Re-
serve Account be increased to not less than 100% of the Debt Service Reserve Re-
quirement computed on a basis which includes all Senior Bonds secured by amounts
held in the Debt Service Reserve Account which will be Outstanding immediately after
issuance of the proposed Senior Bonds and (ii) that the amount of such increase be de-
posited in the Debt Service Reserve Account on or before the date and at least as fast
as specified in Section 6.5 of this Resolution.
(g) The Series Resolution authorizing the proposed Senior Bonds must require the
proceeds of such proposed Senior Bonds to be used solely to pay Project Costs of the
Bee Branch Project, to fund interest on the proposed Senior Bonds, to refund other ob-
ligations issued for such purposes (whether or not such refunding Bonds satisfy the re-
quirements of Section 8.2), and to pay expenses incidental thereto and to the issuance
of the proposed Senior Bonds.
(h) The Issuer shall have received an opinion of bond counsel, dated as of the date
of issuance of the Senior Bonds, to the effect that the Series Resolution authorizing is-
suance of the Senior Bonds has been duly adopted by the Issuer and is in compliance
with the terms of this Resolution.
Section 8.4. Second Lien Bonds.
(a) Additional Bonds may also be issued on a second lien basis on a parity with the
Series 2014 Bonds and any other Second Lien Bonds pursuant to a Series Resolution,
and the Bonds so issued shall constitute Second Lien Bonds, if all of the following con-
ditions are satisfied:
(1) The Series Resolution authorizing the Second Lien Bonds shall provide that such
Second Lien Bonds shall be junior and subordinate in lien and right of payment to all
Senior Bonds Outstanding at any time (except with respect to any Debt Service Taxes
that may be levied and collected under the provisions of the related Series Resolution).
(2) The Series Resolution authorizing the Second Lien Bonds shall establish funds
and accounts for the moneys to be used to pay debt service on the Second Lien Bonds,
and to provide reserves therefor.
(3) The requirements of Sections 8.3(b), (c), (d), (e), (g) and (h) are met with respect
to such Second Lien Bonds (as if such Bonds constituted Senior Bonds).
(b) In the event of any insolvency or bankruptcy proceedings, and any receivership,
liquidation, reorganization, or other similar proceedings in connection therewith, relative
to the Issuer or to its creditors, as such, or to its property, and in the event of any pro-
ceedings for voluntary liquidation, dissolution, or other winding up of the Issuer, whether
or not involving insolvency or bankruptcy, the owners of all Senior Bonds then Out-
standing shall be entitled to receive payment in full of all Principal and interest due on all
such Senior Bonds in accordance with the provisions of the Series Resolution before
the owners of the Second Lien Bonds are entitled to receive any payment from the
Pledged Revenues or the amounts held in the funds and accounts created under the
Series Resolution on account of Principal of, premium, if any, or interest on the Second
Lien Bonds.
(c) If any Event of Default shall have occurred and be continuing (under circumstanc-
es when the provisions of paragraph (b) are not applicable), the owners of all Senior
Bonds then Outstanding shall be entitled to receive payment in full of all Principal and
interest then due on all such Senior Bonds before the owners of the Second Lien Bonds
are entitled to receive any Payment from the Pledged Revenues or the amounts held in
the funds and accounts created under the Series Resolution of Principal of, premium, if
any, or interest on the Second Lien Bonds.
(d) The obligations of the Issuer to pay to the owners of the Second Lien Bonds the
Principal of, premium, if any, and interest thereon in accordance with their terms shall
be unconditional and absolute. Nothing in this Resolution shall prevent the owners of
the Second Lien Bonds from exercising all remedies otherwise permitted by applicable
law or under the Resolution upon default thereunder, subject to the rights of the owners
of Senior Bonds contained in the Resolution.
(e) Any series of Second Lien Bonds may have such rank or priority with respect to
any other series of Second Lien Bonds as may be provided in the Series Resolution au-
thorizing such series of Second Lien Bonds and may contain such other provisions as
are not in conflict with the provisions of the Series Resolution.
Section 8.5. Accession of Subordinate Bonds to Senior Status. By proceedings au-
thorizing all or any Second Lien Bonds, the Issuer may provide for the accession of
such Second Lien Bonds to the status of complete parity with the Senior Bonds if, as of
the date of accession, the conditions of Section 8.3 are satisfied, on a basis which in-
cludes all Outstanding Senior Bonds and such Second Lien Bonds, and if on the date of
accession:
(a) the Debt Service Reserve Account contains an amount equal to the Debt Service
Reserve Requirement computed on a basis which includes all Outstanding Senior
Bonds and such Second Lien Bonds; and
(b) the Sinking Fund contains the amount which would have been required to be ac-
cumulated therein on the date of accession if the Second Lien Bonds had originally
been issued as Senior Bonds.
Section 8.6. Adoption of Proceedings. The Governing Body shall adopt a Series
Resolution authorizing the issuance of any additional Bonds and reciting that the re-
quirements of this Article have been satisfied, and shall set forth in such proceedings,
among other things, the date or dates such additional Bonds shall bear and the rate or
rates of interest, interest payment date or dates, maturity date or dates, and redemption
provisions with respect to such additional Bonds and any other matters applicable to
such additional Bonds as the Governing Body may deem advisable.
Any such Series Resolution shall restate and reaffirm, by reference, all of the appli-
cable terms, conditions and provisions of this Resolution not modified by the Series
Resolution.
Section 8.7. Proceedings Authorizing Additional Bonds. No Series Resolution author-
izing the issuance of additional Bonds as permitted under this Article shall conflict with
the terms and conditions of this Resolution, except to the extent that the Series Resolu-
tion is adopted for one of the purposes set forth in Section 11.1 and complies with the
provisions of Section 11.1 for the adoption of Supplemental Resolutions without the
consent of Bondholders.
Section 8.8. Applicability to Additional Bonds. The provisions of this Resolution shall
be construed as including and being applicable to any future series of Bonds, and any
such Bonds shall be treated, unless otherwise specifically stated, as if they had been
issued together with the Series 2014 Bonds and pursuant to the terms of this Resolu-
tion.
Section 8.9. Credit Facilities. In connection with the issuance of any Bonds under the
Series Resolution, the Issuer may obtain or cause to be obtained one or more Credit
Facilities providing for payment of all or a portion of the Principal of, premium, if any, or
interest due or to become due on such Bonds, providing for the purchase of such Bonds
by the Credit Facility Provider, or providing funds for the purchase of such Bonds by the
Issuer. In connection therewith the Issuer shall enter into Credit Facility Agreements
with such Credit Facility Providers providing for, among other things, (i) the payment of
fees and expenses to such Credit Facility Providers for the issuance of such Credit Fa-
cilities; (ii) the terms and conditions of such Credit Facilities and the Bonds affected
thereby; and (iii) the security, if any, to be provided for the issuance of such Credit Facil-
ities. The Issuer may secure any Credit Facility by an agreement providing for the pur-
chase of the Bonds secured thereby with such adjustments to the rate of interest, meth-
od of determining interest, maturity, or redemption provisions as are specified by the Is-
suer in the applicable Series Resolution. The Issuer may in a Credit Facility Agreement
agree to directly reimburse such Credit Facility Provider for amounts paid under the
terms of such Credit Facility, together with interest thereon; provided, however, that no
Reimbursement Obligation shall be created for purposes of the Series Resolution until
amounts are paid under such Credit Facility. Any such Reimbursement Obligation shall
be deemed to be a part of the Bonds to which the Credit Facility relates which gave rise
to such Reimbursement Obligation, and references to Principal and interest payments
with respect to such Bonds shall include Principal and interest due on the Reimburse-
ment Obligation incurred as a result of payment of such Bonds with the Credit Facility.
All other amounts payable under the Credit Facility Agreement (including any additional
interest and Principal amortization requirements with respect to the Reimbursement Ob-
ligation that are more accelerated than the amortization requirements for the related
Bonds, without acceleration) shall be fully subordinate to the payment of debt service on
the related series of Bonds. Any such Credit Facility shall be for the benefit of and se-
cure such Bonds or portion thereof as specified in the applicable Series Resolution.
Section 8.10. Other Obligations. The Issuer expressly reserves the right, at any time,
to adopt one or more other bond resolutions and to issue any other obligations, includ-
ing general obligation bonds and/or revenue bonds, which are not secured by the
Pledged Revenues under this Resolution.
ARTICLE IX
DISCHARGE AND SATISFACTION
Section 9.1. Discharge and Satisfaction of Bonds. The covenants, liens and pledges
entered into, created or imposed pursuant to this Resolution or any Series Resolution
may be fully discharged and satisfied with respect to the Bonds authorized thereunder,
or any of them, in any one or more of the following ways:
(a) By paying the said Bonds when the same shall become due and payable; and
(b) By irrevocably depositing in trust with a corporate trustee designated by the Gov-
erning Body for the payment of said Bonds and irrevocably appropriated exclusively to
that purpose an amount in cash or Government Obligations the maturities and income
of which shall be sufficient (as evidenced in the case of an advance refunding of any
Bonds by a report of an Independent Auditor) to retire at maturity, or by redemption prior
to maturity on a designated date upon which said Bonds may be redeemed, all of such
Bonds Outstanding at the time, together with the interest thereon to maturity or to the
designated redemption date, premiums thereon, if any that may be payable on the re-
demption 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 such Bonds
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.
ARTICLE X
EVENTS OF DEFAULT AND REMEDIES
Section 10.1. Events of Default. An Event of Default is one or more of the following:
(a) A default, other than as a result of a Non-Appropriation, shall be made in the due
and punctual payment of the principal or redemption price of any Bond when and as the
same shall become due and payable, whether at maturity or by call or proceedings for
redemption, or otherwise;
(b) A default, other than as a result of a Non-Appropriation, shall be made in the due
and punctual payment of any installment of interest on any Bond when and as such in-
terest installment shall become due and payable; or
(c) A default shall be made by the Issuer in the performance or observance of any
other of the covenants, agreements or conditions on its part in the Series Resolution or
in the Bonds contained, and such default shall have continued for a period of 90 days
after written notice specifying such default and requiring that it shall have been reme-
died is given to the Issuer by the owners of not less than 25% in principal amount of the
Bonds Outstanding; provided that, if such failure cannot be corrected within such 90 day
period, it shall not constitute an Event of Default if corrective action is instituted within
such period and such corrective action is diligently pursued until the failure is corrected,
provided that if such corrective action includes legal action such legal action shall be
diligently pursued until either the failure is corrected or such failure shall be determined
by a court of final and competent jurisdiction as not correctable as a matter of law.
Section 10.2. Default and Remedies. In the event of (a) a default, other than as a re-
sult of a Non-Appropriation, on the part of the Issuer in the prompt and full payment of
principal of or interest on any Bond, or (b) a default in the keeping of any other covenant
herein contained (if such default shall continue for a period of ninety days after written
notice specifying the nature of the default and requiring it to be remedied is received by
the Issuer), the holders of the Bonds shall have the right to proceed at law or in equity
by suit, action or mandamus to enforce and compel performance of the duties required
by the terms of the Series Resolution authorizing the issuance of the Bonds, or to obtain
the appointment of a receiver to take control of the Flood Project Fund, and to perform
the duties required by the terms of the Resolution. The holders of the Bonds shall have
no right to accelerate any payment obligation of the Issuer with respect to the Bonds.
No holder of any Bond shall have the right to institute any proceeding, judicial or oth-
erwise, for the enforcement of the covenants herein contained, except as provided in
this Section. The holders of not less than 25% in principal amount of the Outstanding
Bonds shall have the right, either at law or in equity, through suit, action or other pro-
ceedings, to protest and enforce the rights of all holders of such Bonds and to compel
the performance of any and all of the covenants required herein to be performed by the
Issuer, and its officers and employees. The holders of a majority in principal amount of
Outstanding Bonds shall have the right to direct the time, method and place of conduct-
ing any proceeding for any remedy available to the Bondholders or the exercise of any
power conferred on them and the right to waive a default in the performance of any
such covenant, and its consequences, except a default in the payment of the Principal
of or interest on any Bond when due. Nothing herein, however, shall impair the absolute
and unconditional right of the holder of each Bond to receive payment of the Principal
of, premium, if any, and interest on such Bond as such Principal, premium and interest
respectively become due, and to institute suit for any such payment.
Section 10.3. Resolution a Contract. The provisions of this Resolution shall constitute
a contract between the Issuer and the holder or holders of the Bonds, and after the is-
suance of any of the Bonds no change, variation or alteration of any kind in the provi-
sions of this Resolution shall be made in any manner, except as provided in Article XI,
until such time as all of the Bonds, and interest due thereon, shall have been satisfied
and discharged as provided in this Resolution.
ARTICLE XI
SUPPLEMENTAL RESOLUTIONS
Section 11.1. Amendment of Resolution Without Consent. The Issuer may, without
the consent of or notice to any of the holders of the Bonds, approve one or more Sup-
plemental Resolutions, which thereafter shall form a part of 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 Bonds; 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 af-
fect the interests of the holders of the Bonds;
(b) to change the terms or provisions of this Resolution to the extent necessary to
prevent the interest on any Bonds issued on a tax-exempt basis 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 Bonds any additional rights, reme-
dies, powers or authority that may lawfully be granted to or conferred upon the holders
of the Bonds;
(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;
(e) To subject to the lien and pledge of this Resolution additional Pledged Revenues
as may be permitted by law;
(f) To modify any of the provisions of the Resolution in any respect if such modifica-
tion shall not become effective until after the Bonds Outstanding immediately prior to the
effective date of such Supplemental Resolution shall cease to be Outstanding and if any
Bonds issued contemporaneously with or after the effective date of such Supplemental
Resolution shall contain a specific reference to the modifications contained in such sub-
sequent proceedings;
(g) To modify the Resolution to provide for the issuance of Senior Bonds or Second
Lien Bonds as provided in Article VIII; or
(h) To modify any of the provisions of the Resolution in any respect (other than a
modification of the type described in Section 11.2 requiring the consent of the Bond-
holders); provided that for (i) any Outstanding Bonds which are assigned a Rating and
which are not secured by a Credit Facility providing for the payment of the full amount of
Principal and interest to be paid thereon, each Rating Agency shall have given written
notification to the Issuer that such modification will not cause the then applicable Rating
on any Bonds to be reduced or withdrawn, and (ii) any Outstanding Bonds which are
secured by Credit Facilities providing for the payment of the full amount of the Principal
and interest to be paid thereon, each Credit Facility Provider shall have consented in
writing to such modification.
Section 11.2. Amendment of Resolution Requiring Consent. The Issuer also may ap-
prove one or more Supplemental Resolutions, which thereafter shall form a part of this
Resolution, if such Supplement Resolution shall have been consented to by holders of
not less than two-thirds (2/3) in principal amount of the Senior Bonds at any time Out-
standing (not including in any case any Senior Bonds which may then be held or owned
by or for the account of the Issuer, but including such refunding Senior Bonds as may
have been issued for the purpose of refunding any of such Senior Bonds if such refund-
ing Senior Bonds 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 Bonds, or modify the terms
of payment of Principal of or interest on the Bonds 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 Bonds then Out-
standing; and
(c) Reduce the percentage of the Principal amount of Bonds, the consent of the
holders of which is required to effect a further amendment; in each case without the
consent of the owners of all of the affected Bonds then Outstanding.
Whenever the Issuer shall propose to amend this Resolution under the provisions of
this Section, it shall cause notice of the Supplemental Resolution to be filed with the
Original Purchaser and to be mailed by certified mail to each registered owner of any
Senior Bond 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 Supple-
mental Resolution 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 Senior Bonds then
outstanding as in this Section defined, which instrument or instruments shall refer to the
proposed Supplemental Resolution described in said notice and shall specifically con-
sent to and approve the adoption thereof, thereupon, but not otherwise, the Governing
Body of the Issuer may adopt such Supplemental Resolution and such Supplemental
Resolution shall become effective and binding upon the holders of all of the Senior
Bonds.
Any consent given by the holder of a Senior Bond pursuant to the provisions of this
Section shall be irrevocable for a period of six months from the date of the instrument
evidencing such consent and shall be conclusive and binding upon all future holders of
the same Senior Bond 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 Senior Bonds held by any person executing such in-
strument 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 Senior Bonds described in such certificate.
ARTICLE XII
MISCELLANEOUS PROVISIONS
Section 12.1. Continuing Disclosure. The Issuer hereby covenants and agrees that it
will comply with and carry out all of the provisions of the Continuing Disclosure Certifi-
cate, and the provisions of the Continuing Disclosure Certificate are hereby approved
and incorporated by reference as part of this Resolution and made a part hereof and the
Mayor and City Clerk are hereby authorized to execute and deliver the same at issu-
ance of the Series 2014 Bonds. Notwithstanding any other provision of this Resolution,
failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be
considered an event of default under this Resolution; however, any holder of the Series
2014 Bonds or Beneficial Owner may take such actions as may be necessary and ap-
propriate, including seeking specific performance by court order, to cause the Issuer to
comply with its obligations under the Continuing Disclosure Certificate. For purposes of
this Section, "Beneficial Owner" means any person which (a) has the power, directly or
indirectly, to vote or consent with respect to, or to dispose of ownership of, any Series
2014 Bonds (including persons holding Series 2014 Bonds through nominees, deposito-
ries or other intermediaries), or (b) is treated as the owner of any such Bonds for federal
income tax purposes.
Section 12.2. Official Statement. The use and distribution of the Preliminary Official
Statement is hereby authorized and approved, and the execution and delivery of the Of-
ficial Statement in final form shall be and is hereby authorized, ratified, confirmed, and
approved. The Budget Director is hereby authorized and directed to ratify, confirm, ap-
prove, execute, and deliver the Official Statement on behalf of the Issuer, and the exe-
cution of the Official Statement by the Budget Director shall constitute conclusive evi-
dence of each such officer's ratification, confirmation, approval, and delivery thereof on
behalf of the Issuer.
Section 12.3. Registrar and Paying Agreement. The Registrar and Paying Agreement
between the Issuer and Wells Fargo Bank, N.A. with respect to the Series 2014 Bonds
is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to
execute and deliver the same on behalf of the Issuer.
Section 12.4. 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 12.5. Repeal of Conflicting Ordinances or Resolutions and Effective Date. All
other ordinances, resolutions and orders, or parts thereof, in conflict with the provisions
of this Resolution are, to the extent of such conflict, hereby repealed; and this Resolu-
tion shall be in effect from and after its adoption.
Passed and approved this 19th day of May, 2014.
Roy D. Buol Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Code of Ordinances Amendment - Title 10 Special Events and Waiver Policy (Ta-
bled from April 7, 2014): City Manager recommending adoption of a revised Special
Events Permit Ordinance and Waiver Policy. Correspondence from Art Gilloon to ad-
dress the City Council. Motion by Jones to remove from the table. Seconded by Braig.
Motion carried 7-0.
Motion by Jones to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be passed be suspended. Seconded by Braig. As-
sistant City Attorney Crenna Brumwell provided a slide presentation stating that the pri-
mary modification to the proposed ordinance from the last version was to define specific
language related to assemblies where no permit, fees, insurance or indemnification is
required and notification to the City Manager is encouraged. Ms. Brumwell further stated
that language was added regarding interfering with a lawful assemblies and defining
special events. The existing language regarding events on private property was correct-
ed to only regulate events on private property in a couple of scenarios, a new Chapter 8
related to valet parking was created, and the existing unlawful assembly provision was
moved to Title 7. Mr. Gilloon, after addressing the Council from the gallery, was in-
formed that there would be no public input at this time. Motion carried 6-1 with Lynch
voting nay.
Motion by Jones for final consideration and passage of Ordinance No. 35-14 Amend-
ing City of Dubuque Code of Ordinances Title 10 Public Ways and Property by repeal-
ing Chapter 4 Parades and Assemblies and Enacting a new Chapter 4 Parades, As-
semblies and Special Events in lieu thereof; adopting a New Chapter 8 Valet Drop Off
Parking; Permit Requirements; and Amending Title 7 Police, Fire and Public Safety,
Chapter 5 Offenses, Article A General Offenses by adopting a new Section 7-5A-18 Un-
lawful Assembly. Seconded by Connors. Motion carried 6-1 with Lynch voting nay.
OFFICIAL PUBLICATION
ORDINANCE NO. 35-14
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS
AND PROPERTY BY REPEALING CHAPTER 4 PARADES AND ASSEMBLIES AND
ENACTING A NEW CHAPTER 4 PARADES, ASSEMBLIES AND SPECIAL EVENTS
IN LIEU THEREOF; ADOPTING A NEW CHAPTER 8 VALET DROP OFF PARKING;
PERMIT REQUIREMENTS; AND AMENDING TITLE 7 POLICE, FIRE AND PUBLIC
SAFETY, CHAPTER 5 OFFENSES, ARTICLE A GENERAL OFFENSES BY ADOPT-
ING A NEW SECTION 7-5A-18 UNLAWFUL ASSEMBLY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 10, Chapter 4 of the City of Dubuque Code of Ordinances is hereby
released and the following adopted in lieu thereof:
Chapter 4 PARADES, ASSEMBLIES AND SPECIAL EVENTS
10-4-1: DEFINITIONS: The following words and phrases, when used in this title shall,
for the purpose of this title, have the meanings respectively ascribed to them in this sec-
tion:
BUSINESS DAY: Those days in which municipal offices are open for conducting city
business. "Business day" does not include Saturday, Sunday or the holidays listed in
Section 1-3-1 of the city code.
CITY MANAGER: The city manager or the city manager's designee.
ON -DUTY: Any city employee, including a police officer, who is scheduled to work on
a specific day or shift as part of the employee's normal working hours. A city employee
is not "on -duty" if the employee was not normally scheduled to work on that specific day
or shift as part of the employee's normal working hours, but was called in or scheduled
to work on that specific day or shift due to the demand for additional city personnel or
resources.
ORGANIZATION: Includes any voluntary association entered into for the purpose of
organizing a parade, public assembly or special event.
PARADE: Any march, procession or other similar activity consisting of persons, ani-
mals, vehicles or things, or any combination thereof, upon any public street, sidewalk,
alley or other public place, which requires a street closing or otherwise requires author-
ized city employees to stop or reroute vehicular traffic because the parade will not or
cannot comply with normal and usual traffic regulations or controls.
PARADE ORGANIZER: The person listed on the permit application who is designat-
ed as the responsible planner and on-site manager for the parade.
PARADE UNIT or UNIT: One (1) vehicle, one (1) float or one (1) marching group.
PERSON: Has the same meaning ascribed to that term in Section 1-3-1 of the city
code.
PUBLIC ASSEMBLY: A company of persons collected together in one place on the
sidewalk, or any organized march or procession of persons upon the sidewalk, which is
reasonably anticipated to interfere with or impede the flow of pedestrian traffic, but will
not: (i) obstruct the normal flow of vehicular traffic; or (ii) require a street closing or oth-
erwise require police officers to stop or reroute vehicular traffic because the persons will
not or cannot comply with normal and usual traffic regulations or controls.
PUBLIC ASSEMBLY ORGANIZER: The person who is designated on the notice sent
to the city manager as the responsible planner or on-site manager for the public assem-
bly. "Public Assembly Organizer" includes a person who, even absent a formal designa-
tion, acts as the responsible planner or on-site manager for the public assembly.
SPECIAL EVENT: A planned temporary aggregation of attractions, including public
entertainment, food and beverage service facilities, sales of souvenirs or other mer-
chandise, or similar attractions that is (i) conducted on the public way; or (ii) conducted
primarily outdoors on property open to the public other than the public way and:
A. Includes activities that require the issuance of a city temporary food establishment
license or a special event liquor license; or
B. Requires special city services, including but not limited to any of the following:
street closures; provisions of barricades, garbage cans, stages or special no parking
signs; special electrical services; or special police protection.
SPONSOR OF THE EVENT: The entity who is conducting the special event or in
whose name or for whose support the proposed special event will be presented.
10-4-2: ASSEMBLIES:
A. Any person or organization planning to lead or initiate any type of public assembly,
including a march or procession, upon a public sidewalk, is encouraged to notify the city
manager, on a form prescribed by the city manager, at least five (5) business days in
advance, or as soon as practicable if the event is of a spontaneous or urgent nature,
and is encouraged to inform the city manager of the date, time, location, route and esti-
mated number of persons participating so that the city can make any preparations nec-
essary to provide personnel or other city services to minimize the obstruction to pedes-
trian and other traffic and to otherwise protect the participants and the public.
B. Such public assemblies are allowed unless the city manager notifies, in writing by
personal delivery, regular mail, fax or e-mail the person or organization giving the no-
tice, within two (2) business days after receipt of notice of the public assembly, or as
soon as practicable before the scheduled event, that there would be a direct interfer-
ence with a previously planned permitted activity or public assembly, or that there is a
significant public safety issue. If the city manager issues such a notice, the city manager
must state the reasons in writing and give an alternate date, time, location or route. This
alternate, to the extent practicable, authorizes a public assembly that will have compa-
rable public visibility and a similar route, location and date to that of the proposed public
assembly. An applicant desiring to accept the alternate public assembly must, within
five (5) business days after notice of the action by the city manager, file a written notice
of acceptance with the city manager.
C. The decision by the city manager is deemed a final decision subject to judicial re-
view in accordance with applicable law.
D. In order to protect the health and safety of the public, if at any time during the oc-
currence of the public assembly, the public assembly is substantially interfering with pe-
destrian traffic, safe ingress to or egress from buildings, or access by emergency re-
sponders in the area contiguous to the activity, members of the police department are
authorized to establish a pedestrian pathway on the sidewalk for the purpose of pedes-
trian traffic, ingress to or egress from surrounding buildings, and access for emergency
responders provided that the pedestrian pathway is reasonable in size and allows use
of the remaining sidewalk by the participants in the public assembly. After that portion of
the sidewalk has been established as a pedestrian pathway and communicated to the
participants, the participants shall not obstruct pedestrian traffic, ingress to or egress
from the surrounding buildings, or access by emergency responders in the pedestrian
pathway.
E. In order to minimize the interference with vehicular traffic and to otherwise protect
the participants and the public, in those cases where the attendance at the public as-
sembly exceeds the anticipated levels and causes the public assembly to interfere with
vehicular traffic or requires a street closing or otherwise requires authorized city em-
ployees to stop or reroute vehicular traffic because the public assembly will not be able
to comply with usual traffic regulations or controls, members of the police department
are authorized to make reasonable accommodations to increase the portion of the pub-
lic way available to the public assembly. After that portion of the public way available to
the participants is identified and communicated to the participants, the participants shall
not use any other portion of the public way outside the boundaries identified by the po-
lice.
F. Nothing in this subsection shall be deemed as waiving the requirement for a pa-
rade or special event permit pursuant to Section 10-4-3, if required.
G. It is unlawful for any person to knowingly interfere with any person or organization
lawfully conducting a public assembly.
10-4-3: PARADES AND SPECIAL EVENTS:
A. Permit Required: Before any group collects or gathers together upon city property
or the public right-of-way for parades or special events, the group must first obtain a
permit from the city manager, and must state the time, manner and location of such pa-
rade or special event. The city manager will consider an application for a parade or spe-
cial event which is filed less than sixty (60) business days before the proposed event,
where the purpose of such event is a spontaneous response to a current event, or
where other good and compelling causes are shown.
B. Permit Fee: A permit fee and refundable deposit will be collected.
C. Permit Application:
1. Filing of Application: An application for a permit containing the information required
herein must be filed with the city manager by any group desiring to use any city property
or public rights-of-way as provided in this section. Applications must be made on forms
prepared by the city manager, and must contain the information required herein. The
city manager will have a reasonable time to grant or deny the permit. The length of time
that is reasonable is determined by the location and size of the parade or special event,
the information supplied, the time of filing of the application, and the extent of advance
preparation or planning demonstrated and reasonably required.
2. Grant or Denial of Permit: The city manager must grant or deny the permit, in writ-
ing, according to the standards set forth in subsection E of this section and must provide
the written decision to the applicant by regular mail or by personal delivery.
D. Application Form; Information Required:
1. Contents of Application: The application form for the use of any city property or
public right-of-way must contain the following information:
a. Name and address of the applicant and the sponsoring organization, if any.
b. A description of the event that is planned.
c. Proposed location or locations.
d. Expected size of group.
e. Date, time and expected length of the use.
f. Names and addresses of the person or persons to be in charge of the proposed
use at the specified location.
g. Names and addresses of any persons to be featured as entertainers or speakers.
h. List of mechanical or electronic equipment to be used.
i. Number and type of any motor vehicles or other forms of transportation to be used,
including bicycles.
j. Number and type of any animals to be used.
k. A description of any sound amplification to be used.
I. Proposed monitoring of the group, including the number of people who will set up
and clean up.
m. Plan for compliance with the Americans with Disabilities Act and Americans with
Disabilities Act Accessibility Guidelines (ADAAG).
n. Other information as the city manager believes necessary to ensure public access
and safety.
2. Hold Harmless Agreement: The application must include an agreement pursuant to
which the applicant agrees to indemnify, defend and hold harmless the city and its
agents, officers and employees, from any and all claims, lawsuits, damages, losses and
expenses, of whatever nature, which may result from or arise from the parade or special
event covered by the permit, irrespective of whether said claims are frivolous or merito-
rious.
E. Standards For Issuance: The city manager must examine the application, and
must grant or deny said permit based upon the following standards:
1. Interference With Privacy, Safety and Security: In light of the date and time of said
proposed use, whether the use will unreasonably interfere with the privacy, safety, se-
curity, convenience and tranquility of the residents or inhabitants of the area.
2. Size and Condition of Accommodations: Whether the proposed city property or
public right-of-way can accommodate the group or use, based both on group size and
on health and sanitation facilities, whether available or to be provided by applicant.
3. Compatibility of Use: Whether the proposed gathering is compatible with the nor-
mal activity of the city property or public right-of-way at the requested time or date.
4. Demonstration of Means, Planning and Coordination: Whether the application
demonstrates the applicant has the means, planning and coordination to hold the spe-
cial event, considering the time of day, location, public facilities available, traffic control,
parking requirements and any monitoring required to protect the public health and safe-
ty.
5. Timing of Event: Whether the event will interfere with another event for which a
permit has already been granted. All applications for any parade or special event permit
will be processed on a first-in-time basis based on a full and complete submission of
necessary information and documentation.
6. Interruption of Vehicular or Pedestrian Traffic: Whether the proposed use would
substantially interrupt the flow of street and/or pedestrian traffic.
7. Excessive Diversion of Police: Whether the use would require the excessive diver-
sion of police from other duties, or substantially interfere with the city's firefighting op-
erations.
F. Revocation of Permit: After a permit is granted, in the event it is determined that
the applicant has misstated any material fact in the application, or that there is a sub-
stantial and material variance between the information in the application and the actual
facts or those facts that appear reasonably to have occurred, the city manager may re-
view such application and revoke such permit if not in compliance with this subsection.
Such permit may also be revoked when it is determined by the chief of police that by
reason of disaster, public calamity, riot or other emergency, the public safety requires
such revocation.
G. Waiver: The city manager is authorized to waive certain requirements based on
criteria approved in the Parades and Special Events Permit Waiver Policy.
H. Interference: It is unlawful for any person to knowingly interfere with any person or
organization lawfully conducting a parade.
10-4-4: PRIVATE PROPERTY:
A. Events on Private Property; Permit Requirements:
1. Permit Required: Ordinarily a permit is not required for events on private property.
However, a permit stating the time, manner and location of such event will be required
when the event sponsor knows or reasonably should know that the event will substan-
tially affect public health or safety or the peace and quiet of a neighborhood by reason
of the number of persons attending such event, the use of outdoor music or amplified
noise, and the likely effect on traffic and parking, and:
a. A fee is charged to attendees; or
b. The property possesses a zoning classification other than residential and the event
is outside of the original intent or purpose of the property or facility on the property.
2. Permit Fee: A permit fee will be collected based on whether the event is open to
the public.
3. Permit Application:
a. Filing of Application; Contents: An application for a permit containing the infor-
mation required herein must be filed with the city manager by a person holding such an
event. Applications must be made on forms prepared by the city manager, and must
contain the information required herein. The city manager must have a reasonable time
to grant or deny the permit. The length of time that is reasonable must be determined by
the size of the event, the information supplied, the time of filing of the application, and
the extent of advance preparato
Denial of Permit: The city manager must grant or deny the permit, in writing, accord-
ing to the standards set forth in subsection 5 of this section and must provide the written
decision to the applicant by regular mail or personal delivery.
4. Application Form; Information Required: The application form for the event must
contain the following information:
a. Name and address of the applicant and the sponsoring organization, if any.
b. A description of the event that is planned.
c. Proposed location or locations.
d. Expected size of group.
e. Date, time and expected length of use.
f. Names and addresses of the person or persons to be in charge of the proposed
use at the specified location.
g. List of mechanical or electronic equipment to be used.
h. Number and type of any motor vehicles or other forms of transportation to be used,
including bicycles.
i. A description of any sound amplification to be used.
5. Standards for Issuance: The city manager must examine the application and must
grant or deny said permit based upon the following standards:
a. Interference With Privacy, Safety, And Security: In light of the date and time of said
proposed use, whether the use will unreasonably interfere with the privacy, safety, se-
curity, convenience and tranquility of the residents or inhabitants of the area.
b. Compatibility of Use: Whether the proposed use or activity is compatible with the
normal activity of the neighborhood at the requested time and date.
c. Demonstration of Means, Planning and Coordination: Whether the application
demonstrates the applicant has the means, planning and coordination to hold the pro-
posed event, considering the time of day, location, traffic control, parking requirements
and any monitoring required to protect the public health and safety.
d. Timing of Event: Whether the event will interfere with another event for which a
permit has already been granted.
e. Interruption of Vehicular and Pedestrian Traffic: Whether the proposed use would
substantially interrupt the flow of street and/or pedestrian traffic.
f. Excessive Diversion of Police: Whether the use would require the excessive diver-
sion of police from other duties or substantially interfere with the city's firefighting opera-
tions.
6. Revocation of Permit: After a permit is granted, in the event it is determined that
the applicant has misstated any material fact in the application, or that there is a sub-
stantial and material variance between the information in the application and the actual
facts or those facts that appear reasonably to have occurred, the city manager may re-
view such application and revoke such permit if not in compliance with this chapter.
Such permit may also be revoked when it is determined by the chief of police that by
reason of disaster, public calamity, riot or other emergency, the public safety requires
such revocation.
Section 2. Title 10 of the City of Dubuque Code of Ordinances is hereby amended by
adding the following:
Chapter 8 VALET DROP OFF PARKING; PERMIT REQUIREMENTS
10-8-1: PERMIT REQUIRED: Before any for profit organization or business offers
valet drop off parking, the organization or business must first obtain a permit from the
city manager.
10-8-2: PERMIT FEE: A permit fee will be charged at the rate of four hundred dollars
($400.00) per year.
10-8-3: PERMIT APPLICATION:
A. Filing of Application: An application for a permit containing the information required
herein must be filed with the city manager by any group desiring to use any city property
or public right-of-way as provided in this section. Applications must be made on forms
prepared by the city manager, and must contain the information required herein. The
city manager will have a reasonable time to grant or deny the permit. The length of time
that is reasonable will be determined by the location, the information supplied, the time
of filing of the application, public safety, and the extent of advance preparation or plan-
ning demonstrated and reasonably required.
B. Grant or Denial of Permit: The city manager must grant or deny the permit, in writ-
ing, according to the standards set forth in section 10-8-6 and must provide the written
decision to the applicant by regular mail or by personal delivery.
10-8-4: APPLICATION FORM; INFORMATION REQUIRED:
A. Contents of Application: The application form for the use of any city property or
public right-of-way must contain the following information:
1. Name and address of the applicant and the sponsoring organization, if any.
2. Proposed location or locations.
3. Date, time and expected length of the use.
4. Names and addresses of the person or persons to be in charge of the proposed
use at the specified location.
5. Number and type of any motor vehicles or other forms of transportation to be used,
including bicycles.
6. Plan for compliance with the Americans with Disabilities Act and Americans with
Disabilities Act Accessibility Guidelines (ADAAG).
7. Other information as the city manager believes necessary to ensure public access
and safety.
10-8-5: HOLD HARMLESS AGREEMENT: For valet parking on city property or the
public right-of-way the application must include an agreement pursuant to which the ap-
plicant agrees to indemnify, defend and hold harmless the city and its agents, officers
and employees, from any and all claims, lawsuits, damages, losses and expenses, of
whatever nature, which may result or arise from the provision of valet parking covered
by the permit, irrespective of whether said claims are frivolous or meritorious.
10-8-6: STANDARDS FOR ISSUANCE:
A. Issuance: The city manager must examine the application, and must grant or deny
said permit based upon the following standards:
1. Interference With Privacy, Safety and Security: In light of the date and time of said
proposed use, whether the use will unreasonably interfere with the privacy, safety, se-
curity, convenience and tranquility of the residents or inhabitants of the area.
2. Size and Condition of Accommodations: Whether the proposed city property or
public right-of-way can accommodate the proposed use, based both on size, location,
and public safety.
3. Compatibility of Use: Whether the proposed valet parking is compatible with the
normal activity of the city property or public right-of-way at the requested time or date.
4. Demonstration of Means, Planning and Coordination: Whether the application
demonstrates the applicant has the means, planning and coordination to perform the
valet parking considering the time of day, location, public or private facilities available,
traffic control, parking requirements and any monitoring required to protect the public
health and safety.
5. Timing of Event: Whether valet parking will interfere with another event or valet
parking operation for which a permit has already been granted.
6. Interruption of Vehicular or Pedestrian Traffic: Whether the proposed use would
substantially interrupt the flow of street and/or pedestrian traffic.
7. Excessive Diversion of Police: Whether the use would require the excessive diver-
sion of police from other duties, or substantially interfere with the city's firefighting op-
erations.
10-8-7: REVOCATION OF PERMIT: After a permit is granted, in the event it is de-
termined that the applicant has misstated any material fact in the application, or that
there is a substantial and material variance between the information in the application
and the actual facts or those facts that appear reasonably to have occurred, the city
manager may review such application and revoke such permit if not in compliance with
this chapter. Such permit may also be revoked when it is determined by the chief of po-
lice that by reason of disaster, public calamity, riot or other emergency, the public safety
requires such revocation.
Section 3. Title 7, Chapter 5, Article A of the City of Dubuque Code of Ordinances is
amended by adding the following:
7-5A-18: UNLAWFUL ASSEMBLY:
A. Definition: An "unlawful assembly" is three (3) or more persons assembled togeth-
er, with them or any of them acting in a violent manner, and with intent that they or any
of them will commit a public offense or causing other persons to be intimidated, har-
assed or placed in fear of bodily harm.
B. Prohibited Act: It is unlawful for a person to willingly join in or remain a part of an
unlawful assembly, knowing or having reasonable grounds to believe that it is such.
C. Refusal to Disperse: It is unlawful for any person within the hearing distance of a
police officer who orders the participants in an unlawful assembly of persons in the im-
mediate vicinity of an unlawful assembly to refuse to disperse.
D. Lawful Assemblies Excepted: Nothing in this section will be construed to prevent
persons from gathering together in orderly or lawful assemblies which will not result in
the disturbance of the peace or disorderly conduct.
Section 4. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 19th day of May, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 23rd day of May, 2014.
/s/Kevin S. Firnstahl, City Clerk
COUNCIL MEMBER REPORTS PUBLIC INPUT
Council Member Connors reported on the recent delegation visit from the Sister City
of Dornbirn, Austria, during which the official Sister City proclamation was reaffirmed
between Mayor Buol and Mayor Andrea Kaufmann of Dornbirn. Ms. Connors added that
the experience was encouraging and that the delegation found many ideas to share with
Dornbirn.
Council Member Jones reported on a recent Telegraph Herald Letter to the Editor
that described a disparity between the costs of traffic violations and those of more seri-
ous crimes that end with suspended fines and sentences. He agreed with the injustice
and believes the disparity should be addressed.
PUBLIC INPUT
Art Gilloon, 535 Heritage Drive, requested that the City Council change the process
for reviewing ordinances to allow for public input believing that the current process
sends the wrong message to citizens.
Jacob Long, 4604 Cardinal Drive, concurred with Mr. Gilloon, and requested that the
City Council move the Public Input section to the beginning of the agenda.
Alex Wehrspann, 1388 Thomas Place, asked the City Council to address backyard
burning as a public health issue and to more strictly regulate when, where, and what
can be burned.
Joan Wehrspann, 1388 Thomas Place, addressed the City Council regarding her
heath issues that she attributes to backyard burning stating that it is not in keeping with
the City's sustainability principles. Ms. Wehrspann also expressed frustration with the
City following her requests for enforcement of illegal burning.
Jack Mescher, 1235 Mt. Loretta Drive, addressed the Council regarding what he be-
lieves are limited methods of communicating with the City Council and requested that
the process for public input be changed.
Jonathon McCoy, 263 Main Street, addressed the City Council about his concerns on
behalf of the Old Main Association and as a Main Street property owner that the lower
Main Street area is seeing resurgence in rough public behavior specifically during the
late-night hours.
Allen Troupe, 2203 Key Way, requested that the City Council change its procedure
regarding the ability to address the Council on ordinances and cited the City of Water-
loo's procedure as an example.
Mark Lansing, 3761 Hillcrest Road, expressed his opinion that citizens just need to
feel that the Council is listening to them.
Jeff Lenhart, 1270 Locust Street, stated that he felt lucky to be living in Dubuque and
said that joining a City commission is the best thing he's done.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:09 p.m. to discuss property acqui-
sition pursuant to Chapter 21.5(1) (c), -(j) Code of Iowa. Seconded by Connors. Motion
carried 7-0.
Upon motion at 8:36 p.m., the City Council reconvened in open session stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:37 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk