12 4 06 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, December 4, 2006
Council met at 6:30 P.M. in the Public Library Auditorium
Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, 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 discussing such matters which may properly come before the Council.
Invocation was given by Joanne M. Burrows, SC, PHD, and President of Clarke College
CONSENT ITEMS
Motion by Cline to receive and file the documents, refer to staff, and adopt resolutions as
specified. Seconded by Lynch. Braig requested (12) Human Rights Commission Annual Report be
held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: Airport Commission of 10/23 and 11/13; City Council of 11/20;
Electrical Code Board of 11/20; Housing Code Appeals Board of 6/20; Long Range Planning
Advisory Commission of 11/15; Park and Recreation Commission of 10/10; Plumbing Board of
11/15; Transit Board of 10/12 and 11/9, upon motion received and filed.
Proof of publication of City Council Proceedings of November 6, 2006, upon motion received
and filed.
Printed City Council Proceedings for July and August 2006, upon motion received and filed and
approved as printed.
Notice of Claims/Suits: Mortgage Electronic Registration Systems, Inc. vs. City of Dubuque
Housing and Community Development Department, et al, upon motion received and filed and
referred to the City Attorney. City Attorney advising that the following claim has been referred to
Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Tricia
Vosberg-Padgett for personal injury, upon motion received and filed and concurred.
E.B. Lyons Interpretive Center Expansion Project: Communications from the Long Range
Planning Advisory Commission, Historic Preservation Commission and the Environmental
Stewardship Advisory Commission in support of the E.B. Lyons Interpretive Center Expansion
Project, upon motion received and filed.
Comprehensive Plan Update: Long Range Planning Advisory Commission submitting the
November update on the Comprehensive Plan, upon motion received and filed.
AIA Sustainable Design Team Grant Application: City Manager transmitting the final grant
application submitted on November 29, 2006 to the American Institute of Architects for the
Sustainable Design Assessment Team Program, upon motion received and filed. Communication
from the Historic Preservation Commission in support of the AIA Sustainable Design Team Grant
Application, upon motion received and filed.
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Bureau of Indian Affairs Regulations: City Manager transmitting information on the proposed
Bureau of Indian Affairs Rules regarding Indian Casinos and recommending that the City submit
comments, upon motion received and filed.
Brownfield Application: City Manager recommending approval of an application to be submitted
to the U.S. Environmental Protection Agency for a Brownfield’s Assessment Grant to assess
environmental contamination in and near the Bee Branch Restoration Area, upon motion received
and filed. Cline moved adoption of Resolution No. 570-06 Endorsing an application for the U.S.
Environmental Protection Agency’s Brownfield Assessment Grant Program. Seconded by Lynch.
Motion carried 7-0.
RESOLUTION NO. 570-06
A RESOLUTION ENDORSING AN APPLICATION FOR THE U.S. ENVIRONMENTAL
PROTECTION AGENCY’S BROWNFIELD ASSESSMENT GRANT PROGRAM.
Whereas, the City of Dubuque is interested in restoring the Bee Brach creek to prevent serious
flooding within the North End Area; and
Whereas, the City of Dubuque is interested in alleviating any barriers to redevelopment of
property in the area due to the creek restoration; and
Whereas, some properties in the area may have environmental issues associated with them
which may prevent the redevelopment of the property, and
Whereas, the U.S. EPA has a program called the Brownfields Assessment Grant Program
which will help assess potential environmental contamination issues in the area and the City of
Dubuque is eligible to apply.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City of Dubuque hereby endorses the application to the
U.S. EPA’s Brownfield Assessment Grant Program.
Section 2. That the City Manager is authorized to sign, on behalf of the City Council, the
application for the U.S. EPA’s Brownfield Assessment Grant program. Section 3. That the Mayor
may write a letter of support on behalf of the City Council for the application.
Passed, approved, and adopted this 4th day of December, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Paint Ham House Trim Project: City Manager recommending acceptance of the Paint Ham
House Trim Project as completed by John C. Kaiser Company in the final contract amount of
$35,830, upon motion received and filed. Cline moved adoption of Resolution No. 571-06
Accepting improvement and Resolution No. 572-06 Approving final estimate. Seconded by Lynch.
Motion carried 7-0.
RESOLUTION NO. 571-06
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the Paint Ham House Trim Project has been completed and the
City Manager has examined the work and filed his certificate stating that the same has been
completed according to the terms of the contract, plans and specifications and recommends its
acceptance.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. That the recommendation of the City Manager be approved and that said improvement be
and the same is hereby accepted.
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BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the
contractor from the General Fund in amount equal to the amount of his contract, less any retained
percentage provided for therein.
Passed, approved and adopted this 4th day of December, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION NO. 572-06
FINAL ESTIMATE
WHEREAS, the contract for the Paint Ham House Trim Project has been completed and the
Engineer has submitted his final estimate showing the cost thereof including the cost of estimates,
notices and inspection and all miscellaneous costs.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement is hereby determined to be $35,830, and the said
General Fund
amount shall be paid from the of the City of Dubuque, Iowa.
Passed, approved and adopted this 4th day of December, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Pyatigorsk Park Parking Lot Project: City Manager recommending acceptance of the Pyatigorsk
Park Parking Lot Project as completed by River City Paving in the final contract amount of
$46,247.44, upon motion received and filed. Cline moved adoption of Resolution No. 573-06
Accepting improvement and Resolution No. 574-06 Approving final estimate. Seconded by Lynch.
Motion carried 7-0.
RESOLUTION NO. 573-06
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the Pyatigorsk Park Parking Lot Project has been completed and
the City Manager has examined the work and filed his certificate stating that the same has been
completed according to the terms of the contract, plans and specifications and recommends its
acceptance.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. That the recommendation of the City Manager be approved and that said improvement be
and the same is hereby accepted.
BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the
contractor from the General Fund in amount equal to the amount of his contract, less any retained
percentage provided for therein.
Passed, approved and adopted this 4th day of December, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION NO. 574-06
FINAL ESTIMATE
WHEREAS, the contract for the Pyatigorsk Park Parking Lot Project has been completed and
the Engineer has submitted his final estimate showing the cost thereof including the cost of
estimates, notices and inspection and all miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the cost of said improvement is hereby determined to be $46,247.44, and the
said amount shall be paid from the General Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 4th day of December, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Financial Advisory Services: City Manager recommending approval of a Request for Proposals
for the City’s financial advisory services, upon motion received and filed and approved
recommendation.
City/County Winter Road Maintenance Agreement: City Manager recommending approval of a
new Cooperative Winter Roadway Maintenance Agreement between the City and County of
Dubuque, upon motion received and filed. Cline moved adoption of Resolution No. 575-06
Approving the Winter Roadway Maintenance Agreement between the City of Dubuque and
Dubuque County. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 575-06
APPROVING WINTER ROADWAY MAINTENANCE AGREEMENT BETWEEN THE CITY OF
DUBUQUE AND DUBUQUE COUNTY
Whereas, jurisdiction over certain roadways in Dubuque county is divided down the centerline
between Dubuque County and the City of Dubuque; and
Whereas, the City of Dubuque, Iowa and Dubuque County, Iowa agree that winter road
maintenance divided down roadway centerlines is not cost efficient or practical; and
Whereas, the City of Dubuque is willing to perform winter maintenance operations on portions
of roadways located in Dubuque county, specifically, Old Highway Road, Cousins Road, Peru
Road, Seippel Road, and John F. Kennedy Road; and
Whereas, Dubuque County is willing to perform winter maintenance operations on portions of
roadways located in the city of Dubuque, specifically, English Mill Road, Cottingham Road, North
Cascade Road, Riverside Drive, Lake Eleanor Road, Middle Road, and, Derby Grange Road; and
Whereas, it is necessary that the City of Dubuque and Dubuque County enter into an
agreement regarding the winter maintenance on these roadways.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City of Dubuque, Iowa hereby approves and directs the
Mayor to sign the attached Winter Roadway Maintenance Agreement with Dubuque County for
winter maintenance operations on said roadways.
Passed, approved and adopted this 4th day of December, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Human Rights Commission 2006 Annual Report: City Manager submitting the Human Rights
Commission’s Annual Report for Fiscal Year 2006, Braig moved to receive and file the
communication and commended the Commission and staff for their efforts. Seconded by
Michalski. Motion carried 7-0.
Administrative Service Concepts (ASC) Fee Renewal: City Manager recommending approval of
the renewal rates from Alternative Service Concepts (ASC) for administration of the City’s workers’
compensation program, upon motion received and filed and approved recommendation.
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City of Dubuque Voluntary Annexation: Communication from Chester J. Culver, Secretary of
State, advising that the voluntary annexation of property as requested by Dubuque Bank and
Trust has been reviewed and that it complies with the requirements of Iowa Code Section 368.7,
upon motion received and filed.
Cedar Ridge Farm Place No. 7: Communication from Julian G. Nemmers requesting
acceptance of the public improvements in Cedar Ridge Farm Place No. 7 in the City of Dubuque,
Iowa, upon motion received and filed and referred to the City Manager.
Rosedale Avenue Reconstruction Project: City Manager recommending approval of the partial
release of retainage of five percent of the construction costs to one percent for the Rosedale
Avenue Reconstruction Project, upon motion received and filed and approved recommendation.
Request for Proposals - Local Voice Service, Long Distance and Internet Service: City Manager
recommending approval of a Request for Proposals (RFP) for Local Voice Service, Long Distance
and Internet Services in partnership with Dubuque County, upon motion received and filed and
approved recommendation.
Request for Proposals – Digital Orthophotography and Data Collection: City Manager
recommending approval of a Request for Proposals for Digital Orthophotography and Data
Collection for the corporate limits of the City of Dubuque, as well as potential annexation areas,
upon motion received and filed and approved recommendation.
Purchase of Parking Lot: City Manager recommending approval of the purchase of the parking
lot located at 12th and Bluff Street from Greg Stover in the amount of $115,000, plus the
acknowledgement of a charitable donation, to provide additional parking opportunities for library
customers and employees, upon motion received and filed and approved recommendation.
FCC Notice of Inquiry: City Manager recommending approval for the City of Dubuque to join a
coalition of municipalities in responding to a Federal Communications Commission Notice of
Inquiry on a number of issues affecting local communities, including the affect to local franchising
on video competition, and to authorize up to $5,000 from the Cable TV budget for that purpose,
upon motion received and filed and approved recommendation.
Vision Iowa Update / Request for Extension: Communication to Andy Anderson, Chairman of
the Vision Iowa Board, providing an update on various Vision Iowa projects and requesting an
extension for completion of the Shot Tower Restoration project, upon motion received and filed
and approved.
Grass Cutting Charges: City Manager recommending approval of the levy of special
assessments for grass cutting charges to the Dubuque County Treasurer in order to establish real
property liens for collection of such charges, upon motion received and filed. Cline moved
adoption of Resolution No. 576-06 Adopting the Schedule of Assessments for the grass cutting
charges specifying the number of annual installments into which assessments are divided, the
interest on all unpaid installments, the time when the assessments are payable and directing the
Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice
thereof. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 576-06
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ADOPTING THE SCHEDULE OF ASSESSMENTS FOR GRASS CUTTING CHARGES
SPECIFYING THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE
DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE
ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE SCHEDULE
OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the Schedule of Assessments attached hereto for grass cutting
charges was filed in the office of the City Clerk on the 30th day of November, 2006, the said
Schedule of Assessments be and the same is hereby approved and adopted.
That there be, and is hereby assessed and levied as a special tax against and upon each of the
lots, the respective sums indicated.
That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of
Dubuque County, Iowa, and to publish notice of said certification once each week for two
consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which
shall be not more than fifteen days from the date of filing of the final schedule. On or before the
date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to
property owners whose property is subject to assessment, as provided and directed in Iowa Code
§ 384.60.
The assessments may be paid in full or in part without interest at the office of the City
Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date
of the first publication of the notice of the filing of the Schedule of Assessments with the County
Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10 annual
installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue,
Dubuque, Iowa, and will draw annual interest at nine (9) percent (commencing on the date of
acceptance of the work) computed to December 1 next following the due dates of the respective
installments as provided in Section 384.65 of the Code of Iowa. Each installment will be
delinquent from October 1 following its due date on July 1 of each year. Property owners may
elect to pay any annual installments semiannually in advance.
Passed, approved and adopted this 4th day of December, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque Screw Products, Inc.: City Manager recommending approval of the Assignment of
Development Agreement of Dubuque Screw Products, Inc. to Michael R. Scherr, President of
Dubuque Screw Products, Inc., upon motion received and filed and approved recommendation.
Signed Contracts: Eagle Point Park Concrete Replacement Project – Change Order; Cost
Estimate – Survey and Plat for Shot Tower; Floodwall Improvement Projects – Change Order #3;
and A.Y. McDonald Park Project, upon motion received and filed.
Business License Refund: Request of Cindy McKenna for a refund of the liquor license for The
Penalty Box in the amount of $633.75, upon motion received and filed and approved refund.
Business Licenses: City Manager recommending approval of annual liquor license renewals as
submitted, upon motion received and filed. Cline moved adoption of Resolution No. 577-06
Granting the issuance of a Class “C” Beer Permit to Kwik Stop Food Mart – 4039 Pennsylvania,
Kwik Stop Food Mart – 2320 Hwy 61, Oky Doky #21 and Big 10 Mart and Resolution No. 578-06
Granting the issuance of a Class “B” Liquor License to Holiday Inn Five Flags, Class “C” Liquor
License to Pepper Sprout, Instant Replay, Cue Masters Billiards, Mario’s Italian Restaurant, The
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White House, Bowling and Beyond, Las Margaritas; Special Class “C” Liquor License to Cookin
Something Up; Class “B” Wine to Cookin Something Up; and Class “E” Liquor License for Sam’s
Club. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 577-06
Whereas, applications for Beer Permits have been submitted and filed to this Council for
approval and the same have been examined and approved: and
Whereas, the premises to be occupied by such applicants were inspected and found to comply
with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a Beer
Permit.
CLASS “C” BEER PERMIT
Rainbo Oil Company Kwik Stop Food Mart+(Sunday Sale) 4039 Pennsylvania Av
Rainbo Oil Company Kwik Stop Food Mart+(Sunday Sale) 2320 Hwy 61
TFM Company Oky Doky # 21+(Sunday Sale) 2010 Kerper Blvd
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Molo Oil Company Big 10 Mart+(Sunday Sale) 9 & Central Av
Passed, approved and adopted this 4th day of December, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 578-06
Whereas, applications for Liquor Licenses have been submitted to this Council for approval
and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to comply
with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a Liquor
License.
CLASS “B” LIQUOR LICENSE
Kinseth Hotel Corp Holiday Inn Dubuque 5-Flags+(Sunday Sale) 450 Main
CLASS “C” LIQUOR LICENSE
Pepper Sprout, Inc Pepper Sprout+(Sunday Sale) 378 Main
Pamela Arensdorf Instant Replay+(Sunday Sale) 1602 Central
Cue Masters Billiards, LLC Cue Masters Billiards+(Sunday Sale) 900 Central
T & M Inc Mario’s Italian Restaurant+(Sunday Sale) 1298 Main
David H. Hoffman The White House 450 W. Locust
Bowling & Beyond Dubuque Inc Bowling & Beyond+(Sunday/Outdoor Sale)
1860 Hawthorne
Mayas, Inc Las Margaritas+(Sunday/Outdoor Sale) 1575 JFK
SPECIAL CLASS “C” LIQUOR
Cookin Something UP Cookin Something Up+(Sunday Sale) 1640 JFK
CLASS “B” WINE
Cookin Something UP Cookin Something Up 1640 JFK
CLASS “E” LIQUOR
Sam’s West, Inc Sam’s Club #4973 4400 Asbury Rd
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Passed, approved and adopted this 4 day of, December 2006.
Roy D. Buol, Mayor
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Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Code of Ordinance Update: City Manager recommending that a public hearing be set for
December 18, 2006 to consider approval of the revised Code of Ordinances, upon motion
received and filed and set public hearing for December 18, 2006, at a meeting to commence at
6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner
prescribed by law.
Development Agreement for the Port of Dubuque Adams Development Project: City Manager
recommending that a public hearing be set for January 16, 2007 to consider approval of a
Development Agreement with Port of Dubuque Adams Development LLC for a development in the
Port of Dubuque, including the Adams Company building site, upon motion received and filed.
Cline moved adoption of Resolution No. 579-06 (1) Approving the Minimum Requirements,
Competitive Criteria, and Offering Procedures for the development of certain real property and
improvements in the Greater Downtown Urban Renewal District; (2) determining that the
Development Agreement submitted by Port Of Dubuque Adams Development, LLC satisfies the
Offering Requirements with respect to the real property and improvements and declaring the
intent of the City Council to approve the Development Agreement with Port of Dubuque Adams
Development, LLC in the event that no competing proposals are submitted; and (3) soliciting
competing proposals, and set this for public hearing on 1/16/07 at a meeting to commence at 6:30
P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner
prescribed by law. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 579-06
(1) APPROVING THE MINIMUM REQUIREMENTS, COMPETITIVE CRITERIA, AND OFFERING
PROCEDURES FOR THE DEVELOPMENT OF CERTAIN REAL PROPERTY AND
IMPROVEMENTS IN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT; (2)
DETERMINING THAT THE DEVELOPMENT AGREEMENT SUBMITTED BY PORT OF
DUBUQUE ADAMS DEVELOPMENT, LLC SATISFIES THE OFFERING REQUIREMENTS WITH
RESPECT TO THE REAL PROPERTY AND IMPROVEMENTS AND DECLARING THE INTENT
OF THE CITY COUNCIL TO APPROVE THE DEVELOPMENT AGREEMENT WITH PORT OF
DUBUQUE ADAMS DEVELOPMENT, LLC IN THE EVENT THAT NO COMPETING
PROPOSALS ARE SUBMITTED; AND (3) SOLICITING COMPETING PROPOSALS
.
Whereas, the City Council of Dubuque, Iowa, did on April 19, 2004 adopt an Amended and
Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District (“the Plan”) for
the Urban Renewal Area described therein; and
Whereas, the Plan provides, among other things, for the disposition of properties for private
development purposes as a proposed economic development action; and
Whereas, Port of Dubuque Adams Development, LLC (“Developer”) has submitted to the City a
Development Agreement with a proposal for the purchase of certain real property and
improvements hereinafter described and owned by the City of Dubuque for the renovation of the
former Adams Company Building and construction of new multi-use building as described therein
(“the Development Agreement”), together with the request that this property be made available for
purchase as rapidly as possible; and
nd
Whereas, the real estate is located in Lot 1 and Lot 2 in Adams Company 2 Addition, in
the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to easements
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and restrictions of record as shown on Exhibit B attached to the Development Agreement
and attached hereto; and
Whereas, in order to establish reasonably competitive bidding procedures for the disposition of
the property in accordance with the statutory requirements of Iowa Code Chapter 403, specifically,
Section 403.8, and to assure that the City extends a full and fair opportunity to all developers
interested in submitting a proposal, a summary of submission requirements and minimum
requirements and competitive criteria for the property offering is included herein; and
Whereas, said Developer has tendered the Development Agreement with the City, attached
hereto as Exhibit “A”; and
Whereas, to recognize both the firm proposal for renovation of the real property and
construction of additional buildings, as described above, and to give full and fair opportunity to
other developers interested in submitting a proposal for the use of the property, this Council
should by this Resolution:
1) Set the fair market value of the real property for uses in accordance with the Plan;
2) Approve the minimum requirements and competitive criteria included herein;
3) Approve as to form the Development Agreement attached hereto as Exhibit “A”;
4) Set a date for receipt of competing proposals and the opening thereof;
5) Declare that the proposal submitted by Developer satisfies the minimum requirements
of the offering, and that in the event no other qualified proposal is timely submitted, that
the City Council intends to approve such proposal and authorize the City Manager to
sign the Development Agreement; and direct publication of notice of said intent;
6) Approve and direct publication of a notice to advise any other person of the opportunity
to compete for purchase of the real property and improvements on the terms and
conditions set forth herein; and
7) Declare that in the event another qualified proposal is timely submitted and accepted,
another and future notice will be published on the intent of the City to enter into the
resulting contract, as required by law; and
Whereas, the City Council believes it is in the best interest of the City and the Plan to act as
expeditiously as possible to sell the real property as set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
nd
Section 1. That the real property located in Lot 1 and Lot 2 in Adams Company 2 Addition, in
the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to easements and
restrictions of record described in Exhibit “B” attached to the Development Agreement and
attached hereto located in the Port of Dubuque and delineated generally by Third Street on the
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south, 4 Street on the west, Bell Street on the east and 5 Street on the north (“the Property”)
shall be offered for sale in accordance with the terms and conditions contained in this Resolution.
Section 2. That it is hereby determined that in order to qualify for consideration for selection,
any person must submit a proposal which meets these minimum requirements:
a) Contains an agreement to purchase the Property at not less than fair market value
established herein;
b) Contains a commitment to purchase the Property for uses allowed in the Port of
Dubuque;
c) Sets out or provides to the satisfaction of the City Council the experience of the
principals and key staff who are directly engaged in performance of contract
obligations in carrying out projects of similar scale and character; and
d) Meets, at a minimum, the terms and conditions of the Development Agreement
submitted by the Developer including an agreement to rehabilitate the Property into a
mixed-use retail/office/residential complex at a total project cost of not less than
$60,000,000 and develop, construct and pay for a parking lot adjacent to the former
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Adams Company building.
Section 3. That the Development Agreement by and between the City and the Developer be
and is hereby approved as to form for the purposes hereinafter stated.
Section 4. That for the purpose of defining the offering of the Property for sale, said
Development Agreement shall be deemed to be illustrative of the terms acceptable to the City with
respect to:
a) Purchase price;
b) Construction of minimum improvements within a timely matter;
c) City participation;
d) Developer obligations; and
e) General terms and conditions
Section 5. That the Development Agreement submitted by the Developer satisfies the
requirements of the offering and, in the event that no other qualified proposals are timely
submitted that the City Council intends to accept and approve the Development Agreement and
sale of the Property.
Section 6. That it is hereby determined that the Developer possesses the qualifications,
financial resources and legal ability necessary to purchase the Property and to manage and
operate the Property in the manner proposed by this offering in accordance with the Plan.
Section 7. That the purchase price for the Property offered by the Developer are hereby found
and determined to be the fair market value of the interest being conveyed.
Section 8. That the City Clerk shall receive and retain for public examination the attached
Development Agreement submitted by the Developer and, in the event no other qualified
proposals are timely submitted, shall resubmit the Development Agreement to the City Council
for final approval and execution upon expiration of the notice hereinafter prescribed.
Section 9. That the action of the City Council be considered to be and does hereby constitute
notice to all concerned of the intention of this Council, in the event that no other qualified
proposals are timely submitted, to accept the proposal of the Developer to purchase the Property
and to approve the Development Agreement by and between City and Developer.
Section 10. That the official notice of this offering and of the intent of the City, in the event no
other qualified proposals are timely submitted, to approve the Development Agreement, shall be a
true copy of this Resolution, but without the attachments referred to herein, except Exhibit B.
Section 11. That the City Clerk is authorized and directed to secure immediate publication of
said official notice in the Telegraph Herald, a newspaper having a general circulation in the
community, by publication of the text of this Resolution without attachments on or before the 8th
day of December, 2006.
Section 12. That written proposals for the lease of the Brewery Property will be received by the
City Clerk at or before 10:00 a.m., January 9, 2007 in the Office of the City Clerk, located on the
first floor at City Hall, Dubuque, Iowa 52001. Each proposal will be opened at the hour of 10:00
a.m. in City Hall, Dubuque, Iowa on January 9, 2007. Said proposals will then be presented to the
City Council at 6:30 p.m., January 16, 2007, at a meeting to be held in the Auditorium of the
Carnegie-Stout Public Library, Dubuque, Iowa.
Section 13. That such offering shall be in substantial conformance with the provisions of Iowa
Code Section 403.8, requiring reasonable competitive bidding procedures as are hereby
prescribed, which method is hereby determined to be the appropriate method for making the
Property available for sale.
Section 14. That the required documents for the submission of a proposal shall be in
substantial conformity with the provisions of this Resolution.
Section 15. That the City Clerk is hereby nominated and appointed as the agent of the City of
Dubuque, Iowa to receive proposals for the sale of the Property at the date and according to the
procedure hereinabove specified for receipt of such proposals and to proceed at such time to
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formally acknowledge receipt of each of such proposals by noting the receipt of same in the
Minutes of the Council; that the City Manager is hereby authorized and directed to make
preliminary analysis of each such proposal for compliance with the minimum requirements
established by this Council hereinabove. For each proposal that satisfies these requirements, the
City Council shall judge the strength of the proposal by the competitive criteria established
hereinabove. The City Council shall then make the final evaluation and selection of the proposals.
Section 16. That in the event another qualified proposal is timely submitted and accepted by
the City, another and further notice shall be published of the intent of the City of Dubuque, Iowa,
to enter into the resulting agreement, as required by law.
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Passed, approved and adopted this 4 day of December, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Chaplain Schmitt Memorial Project: City Manager recommending initiation of the public bidding
process for the Chaplain Schmitt Memorial project and further recommending that a public hearing
be set for January 16, 2007, upon motion received and filed. Cline moved adoption of Resolution
No. 580-06 Preliminary approval of plans and specifications; Resolution No. 581-06 Setting date
of hearing on plans and specifications for January 16, 2007, at a meeting to commence at 6:30
p.m. in the public library auditorium, direct the City Clerk to publish notice in the manner
prescribed by law; and Resolution No. 582-06 Ordering bids. Seconded by Connors. Motion
carried 7-0.
RESOLUTION NO. 580-06
PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS
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 Chaplain
Schmitt Memorial Project, in the estimated amount of $41,930, are hereby approved and ordered
filed in the office of the City Clerk, for public inspection.
Passed, approved and adopted this 4th day of December, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION NO. 581-06
FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on
the proposed plans, specifications, and form of contract and placed same on file in the office of
the City Clerk for public inspection of the Chaplain Schmitt Memorial Project.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, that on the 16th day of January, 2007, a public hearing will be held at 6:30
p.m. in the Public Library Auditorium, at which time interested persons may appear and be heard
for or against the proposed plans and specifications, form of contract and cost of said
improvement, and the City Clerk be and is hereby directed to cause a notice of 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 not less than four days nor more than twenty days prior to the day
fixed for its consideration. At the hearing, any interested person may appear and file objections to
the proposed plans, specifications, contract, or estimated cost of the improvement.
Passed, approved and adopted this 4th day of December, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
11
RESOLUTION NO. 582-06
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the Chaplain Schmitt Memorial Project is hereby ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED that 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 as a
part of the plans and specifications heretofore adopted.
That the City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, to be published in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on the 4th day of January, 2007. Bids shall be opened
and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30
p.m. on the 16th day of January, 2007.
Passed, approved and adopted this 4th day of December, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the Council regarding their desire to serve on the following
Commission: Human Rights Commission (Three 3-year terms through January 1, 2010 – Terms of
Giesen, Jackson and Jarrard). Applicants: Mary Coan, Shane Oswald, Gretel Winterwood. Mr.
Oswald spoke requesting consideration for appointment.
Appointment to the following Commission: Investment Oversight Advisory Commission (One
unexpired term through 7/1/08). Applicant: Virgil Blocker. Upon motion Mr. Blocker was appointed
to the unexpired term which will expire 7/1/08.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the Council.
Sewer Revenue Capital Loan Notes - $253,850: Proof of publication on notice of hearing to
consider the proposition of issuing not to exceed $253,850 in Sewer Revenue Capital Loan Notes
for rehabilitation of sanitary sewers in connection with the North Fork Catfish Creek Project and
the Water Pollution Control Plant Study and City Manager recommending approval, upon motion
received and filed. Connors moved adoption of Resolution No. 583-06 Instituting proceedings to
take additional action for the authorization of a Loan and Disbursement Agreement and the
issuance of not to exceed $253,850 Sewer Revenue Capital Loan Notes and Resolution No. 584-
06 Approving and authorizing a form of Interim Loan and Disbursement Agreement by and
between the City of Dubuque and the Iowa Finance Authority, and authorizing and providing for
the issuance and securing the payment of $253,850 Sewer Revenue Capital Loan Notes
Anticipation Project Note, Series 2006, of the City of Dubuque, Iowa under the provisions of the
Code of Iowa, and providing for a method of payment of said Note. Seconded by Jones. Motion
carried 7-0.
RESOLUTION NO. 583-06
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF
$253,850 SEWER REVENUE CAPITAL LOAN NOTES
12
WHEREAS, pursuant to notice published as required by law, this Council has held a public
meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan
and Disbursement Agreement by and between the City, the Iowa Finance Authority, the Iowa
Department of Natural Resources and Wells Fargo Bank, N.A. and the issuance to the Iowa
Finance Authority of $253,850 Sewer Revenue Capital Loan Notes to evidence the obligations of
the City under said Loan and Disbursement Agreement, for the purpose of paying costs of
acquisition, construction, reconstruction, extending, remodeling, improving, repairing and
equipping all or part of the Municipal Sewer System, including those costs associated with the
undertaking of a Plan of Action Study for the Water Pollution Control Plant, and the rehabilitation
of sanitary sewers in connection with the North Fork Catfish Creek Project, and has considered
the extent of objections received from residents or property owners as to said proposal and,
accordingly the following action is now considered to be in the best interests of the City and
residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby institute proceedings and takes additional action for
the authorization of a Loan and Disbursement Agreement by and between the City, the Iowa
Finance Authority, the Iowa Department of Natural Resources and Wells Fargo Bank, N.A. and
the issuance to the Iowa Finance Authority in the manner required by law of $253,850 Sewer
Revenue Capital Loan Notes for the foregoing purpose.
Section 2. That the City Clerk, with the assistance of the City Attorney and bond counsel, is
hereby authorized and directed to proceed with the preparation of such documents and
proceedings as shall be necessary to authorize the City's participation in the SRF Loan Program,
to select a suitable date for final Council authorization of the required Loan and Disbursement
Agreement and issuance of the Note to evidence the City's obligations there under, and to take
such other actions as the Clerk shall deem necessary to permit the completion of a loan on a
basis favorable to the City and acceptable to this Council.
Section 3. That this Resolution be and does hereby serve as a declaration of official intent
under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the
proceeds of the Notes, all or a portion of original expenditures incurred in connection with the
above purposes.
th
Passed and approved this 4 day of December, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION No. 584-06
A RESOLUTION APPROVING AND AUTHORIZING A FORM OF INTERIM LOAN AND
DISBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, AND THE IOWA
FINANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND
SECURING THE PAYMENT OF $253,850 SEWER REVENUE CAPITAL LOAN NOTES
ANTICIPATION PROJECT NOTE, SERIES 2006, OF THE CITY OF DUBUQUE, IOWA, UNDER
THE PROVISIONS OF THE CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT
OF SAID NOTE
WHEREAS, Issuer proposes to issue its Sewer Revenue Capital Loan Notes Anticipation
Project Note, Series 2006, to the extent of $253,850, for the purpose of defraying the costs of the
Project; and, it is deemed necessary and advisable and in the best interests of the City that a form
of Interim Loan and Disbursement Agreement by and between the City, and the Iowa Finance
Authority, be approved and authorized; and
13
WHEREAS, the notice of intention of Issuer to take action for the issuance of $253,850
Sewer Revenue Capital Loan Notes, Series 2006, has heretofore been duly published and no
objections to such proposed action have been filed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA:
Section 1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by necessary implication requires otherwise:
?
"Additional Project Notes" shall mean any project notes or other obligations
issued on a parity with the Note in accordance with the provisions of Section 11
hereof.
?
"Agreement" shall mean an Interim Loan and Disbursement Agreement dated as
of the Closing between and among the City, and the Original Purchaser, relating to the
Interim Loan made to the City under the Program;
?
"City Clerk" shall mean the City Clerk or such other officer of the successor
Governing Body as shall be charged with substantially the same duties and
responsibilities;
?
"Closing" shall mean the date of delivery of the Note to the Original Purchaser
and the funding of the Interim Loan;
?
"Corporate Seal" shall mean the official seal of Issuer adopted by the Governing
Body;
?
"Department" shall mean the Iowa Department of Natural Resources;
?
"Fiscal Year" shall mean the twelve months' period beginning on July 1 of each
year and ending on the last day of June of the following year, or any other consecutive
twelve-month period adopted by the Governing Body or by law as the official
accounting period of the System; provided, that the requirements of a fiscal year as
expressed in this Resolution shall exclude any payment of principal or interest falling
due on the first day of the fiscal year and include any payment of principal or interest
falling due on the first day of the succeeding fiscal year;
?
"Governing Body" shall mean the Council of the City, or its successor in function
with respect to the operation and control of the System;
?
"Interim Loan" shall mean the principal amount allocated by the Department and
loaned to the City under the Program, equal in amount to the principal amount of the
Note;
?
"Issuer" and "City" shall mean the City of Dubuque, Iowa;
?
"Note" shall mean $253,850 Sewer Revenue Capital Loan Notes Anticipation
Project Note, Series 2006, authorized to be issued by this Resolution;
?
"Original Purchaser" shall mean the Iowa Finance Authority, as the purchaser of
the Note from Issuer at the time of its original issuance;
?
"Paying Agent" shall be the City Treasurer, or such successor as may be
approved by Issuer as provided herein and who shall carry out the duties prescribed
herein as Issuer's agent to provide for the payment of principal of and interest on the
Notes as the same shall become due;
?
"Permitted Investments" shall mean:
?
direct obligations of (including obligations issued or held in book entry form
on the books of) the Department of the Treasury of the United States of America;
?
cash (insured at all times by the Federal Deposit Insurance Corporation or
otherwise collateralized with obligations described in the above paragraph);
?
obligations of any of the following federal agencies which obligations
represent full faith and credit of the United States of America, including:
14
- Export - Import Bank
- Farm Credit System Financial Assistance Corporation
- USDA - Rural Development
- General Services Administration
- U.S. Maritime Administration
- Small Business Administration
- Government National Mortgage Association (GNMA)
- U.S. Department of Housing & Urban Development (PHA's)
- Federal Housing Administration
?
repurchase agreements whose underlying collateral consists of the
investments set out above if the Issuer takes delivery of the collateral either directly
or through an authorized custodian. Repurchase agreements do not include reverse
repurchase agreements;
?
senior debt obligations rated "AAA" by Standard & Poor's Corporation (S&P)
or "Aaa" by Moody's Investors Service Inc. (Moody's) issued by the Federal National
Mortgage Association or the Federal Home Loan Mortgage Corporation;
?
U.S. dollar denominated deposit accounts, federal funds and banker's
acceptances with domestic commercial banks which have a rating on their short-term
certificates of deposit on the date of purchase of "A-1" or "A-1+" by S&P or "P-1" by
Moody's and maturing no more than 360 days after the date of purchase (ratings on
holding companies are not considered as the rating of the bank);
?
commercial paper which is rated at the time of purchase in the single highest
classification, "A-1+" by S&P or "P-1" by Moody's and which matures not more than
270 days after the date of purchase;
?
investments in a money market fund rated "AAAm" or "AAAm-G" or better by
S&P;
?
pre-refunded Municipal Obligations, defined as any bonds or other obligations
of any state of the United States of America or of any agency, instrumentality or local
governmental unit of any such state which are not callable at the option of the
obligor prior to maturity or as to which irrevocable instructions have been given by
the obligor to call on the date specified in the notice; and (a) which are rated, based
on an irrevocable escrow account or fund (the "escrow"), in the highest rating
category of S&P or Moody's or any successors thereto; or (b)(i) which are fully
secured as to principal and interest and redemption premium, if any, by an escrow
consisting only of cash or direct obligations of the Department of the Treasury of the
United States of America, which escrow may be applied only to the payment of such
principal of and interest and redemption premium, if any, on such bonds or other
obligations on the maturity date or dates thereof or the specified redemption date or
dates pursuant to such irrevocable instructions, as appropriate; and (ii) which escrow
is sufficient, as verified by a nationally recognized independent certified public
accountant, to pay principal of and interest and redemption premium, if any, on the
bonds or other obligations described in this paragraph on the maturity date or dates
specified in the irrevocable instructions referred to above, as appropriate;
?
tax exempt bonds as defined and permitted by section 148 of the Internal
Revenue Code and applicable regulations and only if rated within the two highest
classifications as established by at least one of the standard rating services
approved by the superintendent of banking by rule adopted pursuant to chapter 17A
Code of Iowa;
?
an investment contract rated within the two highest classifications as
established by at least one of the standard rating services approved by the
15
superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa;
and
?
Iowa Public Agency Investment Trust.
?
"Program" shall mean the Iowa Sewage Treatment Works Financing Program
undertaken jointly by the Original Purchaser and the Department;
?
"Project" shall mean the costs of acquisition, construction, reconstruction, extending,
remodeling, improving, repairing and equipping of the System, including those costs
associated with the undertaking of a Plan of Action Study for the Water Pollution Control
Plant, and the rehabilitation of sanitary sewers in connection with the North Fork Catfish
Creek Project;
?
"Project Costs" shall mean all engineering fees, archeological surveys, environmental
studies, and fees related to a project plan preparation and submission, and other expenses
incidental thereto, and also including the costs of issuance of the Note.
?
"Project Fund" shall mean the Project Fund established by Section 6 of this Resolution.
?
"Registrar" shall be the City Treasurer, or such successor as may be approved by
Issuer as provided herein and who shall carry out the duties prescribed herein with respect
to maintaining a register of the owners of the Note. Unless otherwise specified, the
Registrar shall also act as Transfer Agent for the Note;
?
"System" shall mean the municipal sewer utility of the Issuer and all properties of every
nature hereinafter owned by the Issuer comprising part of or used as a part of the System,
including all wastewater treatment facilities, sanitary sewers, force mains, pumping stations
and all related property and improvements and extensions made by Issuer while the Note
remains outstanding; all real and personal property; and all appurtenances, contracts,
leases, franchises and other intangibles;
?
"Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the
same duties and responsibilities with respect to the recording and payment of the Note
issued hereunder.
Section 2. Authority. The Agreement and the Note authorized by this Resolution shall be
issued pursuant to Sections 76.13 and 384.24A of the Code of Iowa, and in compliance with all
applicable provisions of the Constitution and laws of the State of Iowa. The Agreement shall be
substantially in the form attached to this Resolution and is authorized to be executed and issued
on behalf of the Issuer by the Mayor and attested by the City Clerk.
Section 3. Note Details, Execution, Redemption and Registration.
a. Note Details. The Note shall be designated a Sewer Revenue Capital Loan Notes
Anticipation Project Note, be dated the date of delivery, in the denomination of $1,000
or multiples thereof, and shall at the request of the Original Purchaser be initially
issued as a single Note in the denomination of $253,850 and numbered R-1. The Note
shall not bear interest (0%), and shall mature three years from issuance. The City
Council hereby finds and determines that it is necessary and advisable to issue said
Note pursuant to Section 76.13 of the Code of Iowa, as authorized by the Agreement
and this Resolution.
b. Execution. The Note shall be executed by the manual or facsimile signature of the
Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or
imprinted with the seal of the City and shall be fully registered as to both principal and
interest as provided in this Resolution; principal, interest and premium, if any, shall be
payable at the office of the Paying Agent by mailing of a check, wire transfer or
automated clearing house system transfer to the registered owner of the Note.
c. Redemption. The Note may be called for redemption by the Issuer and paid
before maturity on any date, from any funds regardless of source, in whole or from time
to time in part, in order of maturity and within an annual maturity by lot.
16
Thirty (30) days notice of redemption shall be given by certified or registered mail to
the Original Purchaser (or any other registered owner of the Note). The terms of
redemption shall be par, plus accrued interest to date of call. Failure to give such
notice by mail to any registered owner or any defect therein shall not affect the validity
of any proceedings for the redemption of the Note. The Note is also subject to
mandatory redemption to the extent not fully drawn upon.
d. Registration. The Note may be registered as to principal and interest on the books
of the Note Registrar in the name of the holder and such registration noted on the Note
after which no transfer shall be valid until the making of an entry upon the books kept
for the registration and transfer of ownership of the Note, and in no other way. The City
Treasurer is hereby appointed as Note Registrar under the terms of this Resolution.
Registrar shall maintain the books of the Issuer for the registration of ownership of the
Note for the payment of principal of and interest on the Note as provided in this
Resolution. The Note shall be negotiable as provided in Article 8 of the Uniform
Commercial Code subject to the provisions for registration and transfer contained in the
Note and in this Resolution.
The ownership of any Note may be transferred only upon the Registration Books
kept for the registration and transfer of the Note and only upon surrender thereof at the
office of the Registrar together with an assignment duly executed by the holder or his
duly authorized attorney in fact in such form as shall be satisfactory to the Registrar,
along with the address and social security number or federal employer identification
number of such transferee (or, if registration is to be made in the name of multiple
individuals, of all such transferees). In the event that the address of the registered
owner of a Note (other than a registered owner which is the nominee of the broker or
dealer in question) is that of a broker or dealer, there must be disclosed on the
Registration Books the information pertaining to the registered owner required above.
Upon the transfer of any such Note, a new fully registered Note, of any denomination or
denominations permitted by this Resolution in aggregate principal amount equal to the
unmatured and unredeemed principal amount of such transferred fully registered Note,
and bearing interest at the same rate and maturing on the same date or dates shall be
delivered by the Registrar.
In all cases of the transfer of the Note, the Registrar shall register, at the earliest
practicable time, on the Registration Books, the Note, in accordance with the provisions
of this Resolution.
As to any Note, the person in whose name the ownership of the same shall be
registered on the Registration Books of the Registrar shall be deemed and regarded as
the absolute owner thereof for all purposes, and payment of or on account of the
principal of any such Note and the premium, if any, and interest thereon shall be made
only to or upon the order of the registered owner thereof or his legal representative. All
such payments shall be valid and effectual to satisfy and discharge the liability upon
such Note, including the interest thereon, to the extent of the sum or sums so paid.
A Note which has been redeemed shall not be reissued but shall be cancelled by the
Registrar. A Note which is cancelled by the Registrar shall be destroyed and a
Certificate of the destruction thereof shall be furnished promptly to the Issuer; provided
that if the Issuer shall so direct, the Registrar shall forward the cancelled Note to the
Issuer.
In the event any payment check representing payment of principal of or interest on
the Note is returned to the Paying Agent or if any note is not presented for payment of
principal at the maturity or redemption date, if funds sufficient to pay such principal of
or interest on Note shall have been made available to the Paying Agent for the benefit
17
of the owner thereof, all liability of the Issuer to the owner thereof for such interest or
payment of such Note 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 Note who shall
thereafter be restricted exclusively to such funds for any claim of whatever nature on
his part under this Resolution or on, or with respect to, such interest or Note. The
Paying Agent's obligation to hold such funds shall continue for a period equal to two
years and six months following the date on which such interest or principal became
due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at
which time the Paying Agent, shall surrender any remaining funds so held to the Issuer,
whereupon any claim under this Resolution by the Owners of such interest or Notes of
whatever nature shall be made upon the Issuer.
Section 4. Form of Note. The form of Note shall be substantially as [provided].
Section 5. Security for Note. The Note shall be payable solely from the Project Fund. To
pay the principal on the Note when it becomes due, there is hereby created a pledge of the
receipts anticipated in said Project Fund to continue until the payment in full of the principal on the
Note.
Section 6. Establishment of Project Fund. The Issuer hereby creates and establishes a
Project Fund, into which Project Fund are hereby appropriated the following: Proceeds of
$253,850 Sewer Revenue Capital Loan Notes, additional action for the issuance of which
previously has been taken and approved by the City Council
The funds so appropriated shall include in addition thereto all funds of the Issuer, including
proceeds realized on the reinvestment of proceeds of the Note, from which the Issuer is or may
become obligated to pay under contracts for the construction of the Project to the extent that
proceeds of the Note are applied to the payment thereof.
Section 7. Application of Project Fund. The proceeds of the sale of the Note shall be
deposited in the Project Fund for application to payment of Project Costs and the costs of
issuance of the Note or to pay the principal of on the Note when due and for no other purpose.
Disbursements for the payment of Project Costs shall be made by the City Clerk upon
receipt of vouchers approved by the Governing Body.
After completion of the Project, any moneys remaining in the Project Fund shall be held for
the retirement of Note. When the Note is paid or payment is provided for, remaining moneys in the
Project Fund may be withdrawn and used for any lawful purpose.
Section 8. Investments. Moneys in the Project Fund shall at all times be invested, to the
extent practicable in Permitted Investments maturing at such times and in such amounts as will
make cash available for the purposes of such Project Fund as needed.
Section 9. Covenants with Noteholders. Issuer covenants and agrees, so long as any Notes
herein authorized remain unpaid, that it:
A. Will proceed to complete with all practicable dispatch the construction and
acquisition of the Project;
B. Will not make or cause or permit to be made any application of the proceeds of
the Note or of any moneys held in the Project Fund, except in accordance with the
provisions of this Resolution;
C. Will from time to time increase the amount of the appropriations to the Project
Fund, to the extent necessary to assure that the expected receipts thereafter
forthcoming, together with the Funds appropriated and held in trust for the purpose will
be sufficient to pay when due the Note as to both principal and interest.
D. Will obtain the collection of funds and the proceeds of the sale of sewer revenue
capital loan notes anticipated to be received in the Project Fund and, if not paid from
other sources, apply the same to the payment of the Note and interest thereon; and
18
E. For the prompt and full performance of the terms and provisions of this
Resolution and contract with the noteholders, the Issuer pledges its full faith and
diligence and the exercise of its lawful powers.
Section 10. Contract Between Issuer and Purchaser. This Resolution constitutes a contract
between the Issuer and the purchaser of the Note.
Section 11. Additional Notes. The Issuer may issue Additional Project Notes of equal
standing and parity of lien with the Note for the purpose of paying Project Costs to the extent that
funds appropriated to the Project Fund are adequate to pay all notes so issued and interest
thereon.
The holder or holders of the Notes shall have all other rights and remedies given by law for
the payment and enforcement of the Notes and the security therefore.
Section 12. Severability Clause. If any section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof,
and this Resolution shall become effective immediately upon its passage and approval.
Section 13. Repeal of Conflicting Resolutions or Ordinances. All ordinances and
resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed.
Section 14. Paragraph Headings. The paragraph headings in this Resolution are furnished
for convenience of reference only and shall not be considered to be a part of this Resolution.
Section 15. Rule of Construction. This Resolution and the terms and conditions of the
Notes authorized hereby shall be construed whenever possible so as not to conflict with the terms
and conditions of the Interim Loan and Disbursement Agreement. In the event such construction is
not possible, or in the event of any conflict or inconsistency between the terms hereof and those of
the Interim Loan and Disbursement Agreement, the terms of the Interim Loan and Disbursement
Agreement shall prevail and be given effect to the extent necessary to resolve any such conflict or
inconsistency.
th
Passed and approved this 4 day of December, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
General Obligation Capital Loan Notes - $1,889,521: Proof of publication on notice of hearing
to consider the proposition of issuing not to exceed $1,889,521 in General Obligation Capital
Loan Notes from the State of Iowa Revolving Fund Loan (SRF) for the Lower Bee Branch Creek
Restoration Project and Upper Bee Branch Creek Restoration Project and culvert improvements
and creek restoration and stabilization undertaken as part of the North Fork Catfish Creek Project
and City Manager recommending approval, upon motion received and filed. Cline moved adoption
of Resolution No. 585-06 Instituting proceedings to take additional action on the authorization of a
Loan and Disbursement Agreement and the issuance of not to exceed $1,889,521 General
Obligation Capital Loan Notes and Resolution No. 586-06 Approving and authorizing a form of
Interim Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa
Finance Authority, and authorizing and providing for the issuance and securing the payment of
$1,889,521 General Obligation Capital Loan Notes Anticipation Project Note, Series 2006, of the
City of Dubuque, Iowa under the provisions of the Code of Iowa, and providing for a method of
payment of said Note. Seconded by Lynch. Motion carried 7-0.
RESOLUTION 585-06
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF
$1,889,521 GENERAL OBLIGATION CAPITAL LOAN NOTES
WHEREAS, pursuant to notice published as required by law, this Council has held a public
meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan
19
and Disbursement Agreement by and between the City, the Iowa Finance Authority, the Iowa
Department of Natural Resources and Wells Fargo Bank, N.A. and the issuance to the Iowa
Finance Authority of $1,889,521 General Obligation Capital Loan Notes to evidence the
obligations of the City under said Loan and Disbursement Agreement, for the purpose of paying
costs of constructing storm water interceptor and culvert improvements, including those costs
associated with the Lower Bee Branch Creek Restoration Project, the restoration or day-lighting of
the buried Upper Bee Branch Creek, and culvert improvements and creek restoration and
stabilization undertaken as part of the North Fork Catfish Creek Project, and has considered the
extent of objections received from residents or property owners as to said proposal and,
accordingly the following action is now considered to be in the best interests of the City and
residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council does hereby institute proceedings and takes additional action for
the authorization of a Loan and Disbursement Agreement by and between the City, the Iowa
Finance Authority, the Iowa Department of Natural Resources and Wells Fargo Bank, N.A. and
the issuance to the Iowa Finance Authority in the manner required by law of $1,889,521General
Obligation Capital Loan Notes for the foregoing purpose.
Section 2. That the City Clerk, with the assistance of the City Attorney and bond counsel, is
hereby authorized and directed to proceed with the preparation of such documents and
proceedings as shall be necessary to authorize the City's participation in the SRF Loan Program,
to select a suitable date for final Council authorization of the required Loan and Disbursement
Agreement and issuance of the Note to evidence the City's obligations there under, and to take
such other actions as the Clerk shall deem necessary to permit the completion of a loan on a
basis favorable to the City and acceptable to this Council.
Section 3. That this Resolution be and does hereby serve as a declaration of official intent
under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the
proceeds of the Notes, all or a portion of original expenditures incurred in connection with the
above purposes.
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Passed and approved this 4 day of December, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Port of Dubuque Storm Sewer Extension – Phase V Project: Proof of publication on notice of
hearing to consider the Port of Dubuque Storm Sewer Extension – Phase V Project and City
Manager recommending award of the contract to Tschiggfrie Excavating in the amount of
$118,492.40, upon motion received and filed. Cline moved adoption of Resolution No. 587-06
Adopting plans and specifications; Resolution No. 588-06 Awarding construction contract for the
Port of Dubuque Storm Sewer Extension – Phase V Project, and Resolution No. 589-06
Approving construction contract with Tschiggfrie Excavating for the Port of Dubuque Storm Sewer
Extension – Phase V Project. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 586-06
A RESOLUTION APPROVING AND AUTHORIZING A FORM OF INTERIM LOAN AND
DISBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, AND THE IOWA
FINANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND
SECURING THE PAYMENT OF $1,889,521 GENERAL OBLIGATION CAPITAL LOAN NOTES
ANTICIPATION PROJECT NOTE, SERIES 2006, OF THE CITY OF DUBUQUE, IOWA, UNDER
20
THE PROVISIONS OF THE CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT
OF SAID NOTE
WHEREAS, Issuer proposes to issue its General Obligation Capital Loan Notes Anticipation
Project Note, Series 2006, to the extent of $1,889,521, for the purpose of defraying the costs of
the Project; and, it is deemed necessary and advisable and in the best interests of the City that a
form of Interim Loan and Disbursement Agreement by and between the City, and the Iowa Finance
Authority, be approved and authorized; and
WHEREAS, the notice of intention of Issuer to take action for the issuance of $1,889,521
General Obligation Capital Loan Notes, Series 2006, has heretofore been duly published and no
objections to such proposed action have been filed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA:
Section 1. Definitions. The following terms shall have the following meanings in this Resolution
unless the text expressly or by necessary implication requires otherwise:
?
"Additional Project Notes" shall mean any project notes or other obligations
issued on a parity with the Note in accordance with the provisions of Section 11 hereof.
?
"Agreement" shall mean an Interim Loan and Disbursement Agreement dated as
of the Closing between and among the City, and the Original Purchaser, relating to the
Interim Loan made to the City under the Program;
?
"City Clerk" shall mean the City Clerk or such other officer of the successor
Governing Body as shall be charged with substantially the same duties and
responsibilities;
?
"Closing" shall mean the date of delivery of the Note to the Original Purchaser
and the funding of the Interim Loan;
?
"Corporate Seal" shall mean the official seal of Issuer adopted by the Governing
Body;
?
"Department" shall mean the Iowa Department of Natural Resources;
?
"Fiscal Year" shall mean the twelve months' period beginning on July 1 of each
year and ending on the last day of June of the following year, or any other consecutive
twelve-month period adopted by the Governing Body or by law as the official accounting
period of the System; provided, that the requirements of a fiscal year as expressed in
this Resolution shall exclude any payment of principal or interest falling due on the first
day of the fiscal year and include any payment of principal or interest falling due on the
first day of the succeeding fiscal year;
?
"Governing Body" shall mean the Council of the City, or its successor in function
with respect to the operation and control of the System;
?
"Interim Loan" shall mean the principal amount allocated by the Department and
loaned to the City under the Program, equal in amount to the principal amount of the
Note;
?
"Issuer" and "City" shall mean the City of Dubuque, Iowa;
?
"Note" shall mean $1,889,521 General Obligation Capital Loan Notes Anticipation
Project Note, Series 2006, authorized to be issued by this Resolution;
?
"Original Purchaser" shall mean the Iowa Finance Authority, as the purchaser of
the Note from Issuer at the time of its original issuance;
?
"Paying Agent" shall be the City Treasurer, or such successor as may be
approved by Issuer as provided herein and who shall carry out the duties prescribed
herein as Issuer's agent to provide for the payment of principal of and interest on the
Notes as the same shall become due;
?
"Permitted Investments" shall mean:
21
?
direct obligations of (including obligations issued or held in book entry form on
the books of) the Department of the Treasury of the United States of America;
?
cash (insured at all times by the Federal Deposit Insurance Corporation or
otherwise collateralized with obligations described in the above paragraph);
?
obligations of any of the following federal agencies which obligations represent
full faith and credit of the United States of America, including:
- Export - Import Bank
- Farm Credit System Financial Assistance Corporation
- USDA - Rural Development
- General Services Administration
- U.S. Maritime Administration
- Small Business Administration
- Government National Mortgage Association (GNMA)
- U.S. Department of Housing & Urban Development (PHA's)
- Federal Housing Administration
?
repurchase agreements whose underlying collateral consists of the
investments set out above if the Issuer takes delivery of the collateral either directly
or through an authorized custodian. Repurchase agreements do not include reverse
repurchase agreements;
?
senior debt obligations rated "AAA" by Standard & Poor's Corporation (S&P)
or "Aaa" by Moody's Investors Service Inc. (Moody's) issued by the Federal National
Mortgage Association or the Federal Home Loan Mortgage Corporation;
?
U.S. dollar denominated deposit accounts, federal funds and banker's
acceptances with domestic commercial banks which have a rating on their short-term
certificates of deposit on the date of purchase of "A-1" or "A-1+" by S&P or "P-1" by
Moody's and maturing no more than 360 days after the date of purchase (ratings on
holding companies are not considered as the rating of the bank);
?
commercial paper which is rated at the time of purchase in the single highest
classification, "A-1+" by S&P or "P-1" by Moody's and which matures not more than
270 days after the date of purchase;
?
investments in a money market fund rated "AAAm" or "AAAm-G" or better by
S&P;
?
pre-refunded Municipal Obligations, defined as any bonds or other obligations
of any state of the United States of America or of any agency, instrumentality or local
governmental unit of any such state which are not callable at the option of the
obligor prior to maturity or as to which irrevocable instructions have been given by
the obligor to call on the date specified in the notice; and (a) which are rated, based
on an irrevocable escrow account or fund (the "escrow"), in the highest rating
category of S&P or Moody's or any successors thereto; or (b)(i) which are fully
secured as to principal and interest and redemption premium, if any, by an escrow
consisting only of cash or direct obligations of the Department of the Treasury of the
United States of America, which escrow may be applied only to the payment of such
principal of and interest and redemption premium, if any, on such bonds or other
obligations on the maturity date or dates thereof or the specified redemption date or
dates pursuant to such irrevocable instructions, as appropriate; and (ii) which escrow
is sufficient, as verified by a nationally recognized independent certified public
accountant, to pay principal of and interest and redemption premium, if any, on the
bonds or other obligations described in this paragraph on the maturity date or dates
specified in the irrevocable instructions referred to above, as appropriate;
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?
tax exempt bonds as defined and permitted by section 148 of the Internal
Revenue Code and applicable regulations and only if rated within the two highest
classifications as established by at least one of the standard rating services
approved by the superintendent of banking by rule adopted pursuant to chapter 17A
Code of Iowa;
?
an investment contract rated within the two highest classifications as
established by at least one of the standard rating services approved by the
superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa;
and
?
Iowa Public Agency Investment Trust.
?
"Program" shall mean the Iowa Sewage Treatment Works Financing Program
undertaken jointly by the Original Purchaser and the Department;
?
"Project" shall mean the costs of constructing storm water interceptor and culvert
improvements, including those costs associated with the Lower Bee Branch Creek
Restoration Project, the restoration or day-lighting of the buried Upper Bee Branch
Creek, and culvert improvements and creek restoration and stabilization undertaken as
part of the North Fork Catfish Creek Project;
?
"Project Costs" shall mean all engineering fees, archeological surveys,
environmental studies, and fees related to a project plan preparation and submission,
and other expenses incidental thereto, and also including the costs of issuance of the
Note.
?
"Project Fund" shall mean the Project Fund established by Section 6 of this
Resolution.
?
"Registrar" shall be the City Treasurer, or such successor as may be approved by
Issuer as provided herein and who shall carry out the duties prescribed herein with
respect to maintaining a register of the owners of the Note. Unless otherwise specified,
the Registrar shall also act as Transfer Agent for the Note;
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"System" shall mean the municipal sewer utility of the Issuer and all properties of
every nature hereinafter owned by the Issuer comprising part of or used as a part of the
System, including all wastewater treatment facilities, sanitary sewers, force mains,
pumping stations and all related property and improvements and extensions made by
Issuer while the Note remains outstanding; all real and personal property; and all
appurtenances, contracts, leases, franchises and other intangibles;
?
"Treasurer" shall mean the City Treasurer or such other officer as shall succeed
to the same duties and responsibilities with respect to the recording and payment of the
Note issued hereunder.
Section 2. Authority. The Agreement and the Note authorized by this Resolution shall be issued
pursuant to Sections 76.13 and 384.24A of the Code of Iowa, and in compliance with all
applicable provisions of the Constitution and laws of the State of Iowa. The Agreement shall be
substantially in the form attached to this Resolution and is authorized to be executed and issued
on behalf of the Issuer by the Mayor and attested by the City Clerk.
Section 3. Note Details, Execution, Redemption and Registration.
a. Note Details. The Note shall be designated a General Obligation Capital Loan
Notes Anticipation Project Note, be dated the date of delivery, in the denomination of
$1,000 or multiples thereof, and shall at the request of the Original Purchaser be
initially issued as a single Note in the denomination of $1,889,521 and numbered R-
1. The Note shall not bear interest (0%), and shall mature three years from issuance.
The City Council hereby finds and determines that it is necessary and advisable to
issue said Note pursuant to Section 76.13 of the Code of Iowa, as authorized by the
Agreement and this Resolution.
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b. Execution. The Note shall be executed by the manual or facsimile signature of
the Mayor and attested by the manual or facsimile signature of the Clerk, and
impressed or imprinted with the seal of the City and shall be fully registered as to
both principal and interest as provided in this Resolution; principal, interest and
premium, if any, shall be payable at the office of the Paying Agent by mailing of a
check, wire transfer or automated clearing house system transfer to the registered
owner of the Note.
c. Redemption. The Note may be called for redemption by the Issuer and paid
before maturity on any date, from any funds regardless of source, in whole or from
time to time in part, in order of maturity and within an annual maturity by lot.
Thirty (30) days notice of redemption shall be given by certified or registered mail
to the Original Purchaser (or any other registered owner of the Note). The terms of
redemption shall be par, plus accrued interest to date of call. Failure to give such
notice by mail to any registered owner or any defect therein shall not affect the
validity of any proceedings for the redemption of the Note. The Note is also subject
to mandatory redemption to the extent not fully drawn upon.
d. Registration. The Note may be registered as to principal and interest on the
books of the Note Registrar in the name of the holder and such registration noted on
the Note after which no transfer shall be valid until the making of an entry upon the
books kept for the registration and transfer of ownership of the Note, and in no other
way. The City Treasurer is hereby appointed as Note Registrar under the terms of
this Resolution. Registrar shall maintain the books of the Issuer for the registration of
ownership of the Note for the payment of principal of and interest on the Note as
provided in this Resolution. The Note shall be negotiable as provided in Article 8 of
the Uniform Commercial Code subject to the provisions for registration and transfer
contained in the Note and in this Resolution.
The ownership of any Note may be transferred only upon the Registration Books
kept for the registration and transfer of the Note and only upon surrender thereof at
the office of the Registrar together with an assignment duly executed by the holder
or his duly authorized attorney in fact in such form as shall be satisfactory to the
Registrar, along with the address and social security number or federal employer
identification number of such transferee (or, if registration is to be made in the name
of multiple individuals, of all such transferees). In the event that the address of the
registered owner of a Note (other than a registered owner which is the nominee of
the broker or dealer in question) is that of a broker or dealer, there must be
disclosed on the Registration Books the information pertaining to the registered
owner required above. Upon the transfer of any such Note, a new fully registered
Note, of any denomination or denominations permitted by this Resolution in
aggregate principal amount equal to the unmatured and unredeemed principal
amount of such transferred fully registered Note, and bearing interest at the same
rate and maturing on the same date or dates shall be delivered by the Registrar.
In all cases of the transfer of the Note, the Registrar shall register, at the earliest
practicable time, on the Registration Books, the Note, in accordance with the
provisions of this Resolution.
As to any Note, the person in whose name the ownership of the same shall be
registered on the Registration Books of the Registrar shall be deemed and regarded
as the absolute owner thereof for all purposes, and payment of or on account of the
principal of any such Note and the premium, if any, and interest thereon shall be
made only to or upon the order of the registered owner thereof or his legal
representative. All such payments shall be valid and effectual to satisfy and
24
discharge the liability upon such Note, including the interest thereon, to the extent of
the sum or sums so paid.
A Note which has been redeemed shall not be reissued but shall be cancelled by
the Registrar. A Note which is cancelled by the Registrar shall be destroyed and a
Certificate of the destruction thereof shall be furnished promptly to the Issuer;
provided that if the Issuer shall so direct, the Registrar shall forward the cancelled
Note to the Issuer.
In the event any payment check representing payment of principal of or interest
on the Note is returned to the Paying Agent or if any note is not presented for
payment of principal at the maturity or redemption date, if funds sufficient to pay
such principal of or interest on Note shall have been made available to the Paying
Agent for the benefit of the owner thereof, all liability of the Issuer to the owner
thereof for such interest or payment of such Note 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 Note who shall thereafter be restricted exclusively to such funds for
any claim of whatever nature on his part under this Resolution or on, or with respect
to, such interest or Note. The Paying Agent's obligation to hold such funds shall
continue for a period equal to two years and six months following the date on which
such interest or principal became due, whether at maturity, or at the date fixed for
redemption thereof, or otherwise, at which time the Paying Agent, shall surrender
any remaining funds so held to the Issuer, whereupon any claim under this
Resolution by the Owners of such interest or Notes of whatever nature shall be
made upon the Issuer.
Section 4. Form of Note. The form of Note shall be substantially as [provided].
Section 5. Security for Note. The Note shall be payable solely from the Project Fund. To pay
the principal on the Note when it becomes due, there is hereby created a pledge of the receipts
anticipated in said Project Fund to continue until the payment in full of the principal on the Note.
Section 6. Establishment of Project Fund. The Issuer hereby creates and establishes a Project
Fund, into which Project Fund are hereby appropriated the following: Proceeds of $1,889,521
General Obligation Capital Loan Notes, additional action for the issuance of which previously has
been taken and approved by the City Council
The funds so appropriated shall include in addition thereto all funds of the Issuer, including
proceeds realized on the reinvestment of proceeds of the Note, from which the Issuer is or may
become obligated to pay under contracts for the construction of the Project to the extent that
proceeds of the Note are applied to the payment thereof.
Section 7. Application of Project Fund. The proceeds of the sale of the Note shall be deposited
in the Project Fund for application to payment of Project Costs and the costs of issuance of the
Note or to pay the principal of the Note when due and for no other purpose.
Disbursements for the payment of Project Costs shall be made by the City Clerk upon receipt
of vouchers approved by the Governing Body.
After completion of the Project, any moneys remaining in the Project Fund shall be held for the
retirement of Note. When the Note is paid or payment is provided for, remaining moneys in the
Project Fund may be withdrawn and used for any lawful purpose.
Section 8. Investments. Moneys in the Project Fund shall at all times be invested, to the extent
practicable in Permitted Investments maturing at such times and in such amounts as will make
cash available for the purposes of such Project Fund as needed.
Section 9. Covenants with Noteholders. Issuer covenants and agrees, so long as any Notes
herein authorized remain unpaid, that it:
25
F. Will proceed to complete with all practicable dispatch the construction and
acquisition of the Project;
G. Will not make or cause or permit to be made any application of the proceeds of the
Note or of any moneys held in the Project Fund, except in accordance with the provisions
of this Resolution;
H. Will from time to time increase the amount of the appropriations to the Project Fund,
to the extent necessary to assure that the expected receipts thereafter forthcoming,
together with the Funds appropriated and held in trust for the purpose will be sufficient to
pay when due the Note as to both principal and interest.
I. Will obtain the collection of funds and the proceeds of the sale of general obligation
capital loan notes anticipated to be received in the Project Fund and, if not paid from other
sources, apply the same to the payment of the Note and interest thereon; and
J. For the prompt and full performance of the terms and provisions of this Resolution
and contract with the noteholders, the Issuer pledges its full faith and diligence and the
exercise of its lawful powers.
Section 10. Contract Between Issuer and Purchaser. This Resolution constitutes a contract
between the Issuer and the purchaser of the Note.
Section 11. Additional Notes. The Issuer may issue Additional Project Notes of equal standing
and parity of lien with the Note for the purpose of paying Project Costs to the extent that funds
appropriated to the Project Fund are adequate to pay all notes so issued and interest thereon.
The holder or holders of the Notes shall have all other rights and remedies given by law for the
payment and enforcement of the Notes and the security therefore.
Section 12. Severability Clause. If any section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof,
and this Resolution shall become effective immediately upon its passage and approval.
Section 13. Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions
and parts of ordinances and resolutions in conflict herewith are hereby repealed.
Section 14. Paragraph Headings. The paragraph headings in this Resolution are furnished for
convenience of reference only and shall not be considered to be a part of this Resolution.
Section 15. Rule of Construction. This Resolution and the terms and conditions of the Notes
authorized hereby shall be construed whenever possible so as not to conflict with the terms and
conditions of the Interim Loan and Disbursement Agreement. In the event such construction is not
possible, or in the event of any conflict or inconsistency between the terms hereof and those of the
Interim Loan and Disbursement Agreement, the terms of the Interim Loan and Disbursement
Agreement shall prevail and be given effect to the extent necessary to resolve any such conflict or
inconsistency.
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Passed and approved this 14 day of December, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION NO. 587-06
RESOLUTION ADOPTING PLANS AND SPECIFICATIONS
Whereas, on the 1st day of November, 2006, plans, specifications, form of contract and
estimated cost were filed with the City Clerk of Dubuque, Iowa for the Port of Dubuque Storm
Sewer Extension – Phase V Project.
Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was
published as required by law.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
26
That the said plans, specifications, form of contract and estimated cost are hereby approved as
the plans, specifications, form of contract and estimated cost for said improvements for said
project.
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Passed, adopted and approved this 4 day of December, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 588-06
AWARDING CONSTRUCTION CONTRACT FOR THE PORT OF DUBUQUE STORM SEWER
EXTENSION – PHASE V PROJECT
Whereas, sealed proposals have been submitted by contractors for the Port of Dubuque Storm
Sewer Extension – Phase V Project pursuant to Resolution No. 587-06 and notice to bidders
published in a newspaper published in the City of Dubuque, Iowa on the 10th day of November,
2006.
Whereas, said sealed proposals were opened and read on the 21st day of November, 2006,
and it has been determined that the bid of Tschiggfrie Excavating of Dubuque, Iowa, in the amount
of $118,492.40 was the lowest bid for the furnishings of all labor and materials and performing the
work as provided for in the plans and specifications.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement be awarded to Tschiggfrie Excavating and the
Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the approval of the contractor’s bond, the City
Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders.
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Passed, approved and adopted this 4 day of December, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 589-06
APPROVING CONSTRUCTION CONTRACT WITH TSCHIGGFRIE EXCAVATING FOR THE
PORT OF DUBUQUE STORM SEWER EXTENSION – PHASE V PROJECT
Whereas the City Council by Resolution No. 588-06 awarded the construction contract for the
Port of Dubuque Storm Sewer Extension – Phase V Project to Tschiggfrie Excavating; and
Whereas Tschiggfrie Excavating has submitted the attached executed contract and bond.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The contract and bond attached hereto are hereby approved.
2. The City Manager is hereby authorized and directed to execute the contract on behalf of the
City of Dubuque.
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Passed, approved and adopted this 4 day of December, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were reinstated limiting discussion to the Council.
ACTION ITEMS
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Residential Parking Permit District (First Reading on November 6, 2006 and Second Reading
on November 20, 2006): Communication from Jude Claussen, 1833 Hansel Drive, urging a yes
vote on the Residential Parking Permit District on Hansel Drive, upon motion received and filed.
Discussion ensued about this Parking Permit District with Michalski stating she disagrees with the
concept of RPPD’s, Connors commented on the letter from School Superintendent John Burgart in
which he stated that the schools have started to look for resolution of this problem, and Cline
stated that this area would continue to be a problem. Ordinance No. 75-06 Establishing a
Residential Parking Permit District on Hansel Drive from Keystone Drive to Keymont Drive, said
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Ordinance having been presented and read at the Council Meetings of November 6 and
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November 20, now presented for final action. Jones moved final consideration and passage of
the Ordinance. Seconded by Braig. Motion carried 5-2 with Cline and Michalski voting Nay.
OFFICIAL PUBLICATION
ORDINANCE NO. 75-06
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, BY ADOPTING A NEW SECTION 32-401 PROVIDING FOR THE DESIGNATION OF
HANSEL DRIVE BETWEEN KEYSTONE DRIVE AND KEYMONT DRIVE AS A RESIDENTIAL
PARKING PERMIT DISTRICT
Whereas, Sections 32-381 and 32-393 of the Code of Ordinances of the City of Dubuque, Iowa,
empowers the City Council to establish a Residential Parking Permit District upon receipt of a
valid petition and the finding of certain conditions; and
Whereas, a valid petition has been received to declare an area described as follows as a
Residential Parking Permit District: Hansel Drive, between Keystone Drive and Keymont Drive
Whereas, the City Manager has caused a parking study of the above identified area to be
conducted, and which study has established that the area meets the criteria as established in
Section 32-383 of the Code of Ordinances of the City of Dubuque, Iowa:
1. At least 80 percent (80%) of the curbside parking spaces in the proposed Parking
Permit District were utilized during peak periods; and
2. At least 25 percent (25%) of the curbside parking spaces in the proposed Parking
Permit District were utilized by nonresident parkers; and
Whereas, the City Manager, based upon the petition and the results of the parking study,
recommends to the City Council that the area be designated as a Residential Parking Permit
District during the hours of 7:00 a.m. to 3:00 p.m. daily, except Saturdays, Sundays, and holidays;
and
Whereas, the City Council pursuant to public notice on October 27, 2006, in the City of
Dubuque Telegraph Herald, a newspaper of general circulation, met in session on the 6th day of
November, 2006, at 6:30 p.m. at the Carnegie Stout Public Library, 360 11th Street, for the
purpose of hearing all interested persons and representatives of organizations and to consider
any and all objections which have been filed to the proposed designation of the above area as a
Residential Parking Permit District during the hours of 7:00 a.m. to 3:00 p.m. daily, except
Saturdays, Sundays, and holidays; and
Whereas, all interested parties have been given an opportunity to be heard and all objections
have been duly considered.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That a petition containing the required number of signatures and meeting the intent
and purpose of Section 32-381 through 32-393 of the Code of Ordinances of the City of Dubuque,
Iowa, has been received by the City of Dubuque.
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Section 2. That any and all objections to the designation of the area as a Residential Parking
Permit District during the hours of 7:00 a.m. to 3:00 p.m. daily, except Saturdays, Sundays, and
holidays be and same are overruled.
Section 3. That the recommendation of the City Manager based upon the petition and the
parking study to designate the area as a Residential Parking Permit District during the hours of
7:00 a.m. to 3:00 p.m. daily, except Saturdays, Sundays, and holidays, is hereby approved and
accepted.
Section 4. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by enacting
the following new Section 32-401:
SEC. 32-401. RESIDENTIAL PARKING PERMIT DISTRICT H.
a) The following described area constitutes a Residential Parking Permit District
designated as Residential Parking Permit “H”. Hansel Drive, between Keystone Drive
and Keymont Drive
b) No vehicles shall park curbside in Residential Parking Permit District H during the
hours of seven o’clock (7:00) A.M. to three o’clock (3:00) P.M., except Saturdays,
Sundays, and holidays, without displaying a valid parking permit issued by the City.
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Passed, approved and adopted this 4 day of December, 2006.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 8 day of December, 2006.
/s/Jeanne F. Schneider, CMC, City Clerk
1t 12/8
Building Code Amendment and Window Replacement and Alteration Policy: City Manager
recommending approval of a Building Code Amendment and Window Replacement and Alteration
Policy which would allow staff to have the ability to approve a building permit for the alteration or
replacement of a window in a historic district in lieu of formal HPC Design Review, provided the
proposed alteration or replacement meets either the City’s Architectural Guidelines for Historic
Structures or the Window Replacement and Alteration Policy, upon motion received and filed.
Ordinance No. 76-06 Amending Chapter 11 (Building Regulations) of the City of Dubuque Code
of Ordinances by amending Section 11-2 International Building Code Amendments and Section
11-6 International Residential Code Amendments, presented and read. Connors moved 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 finally passed be suspended. Seconded by
Jones. Motion carried 7-0. Jones moved final consideration and passage of the Ordinance.
Seconded by Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 76-06
AN ORDINANCE AMENDING CHAPTER 11 (BUILDING REGULATIONS) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 11-2 INTERNATIONAL
BUILDING CODE AMENDMENTS AND SECTION 11-6 INTERNATIONAL RESIDENTIAL CODE
AMENDMENTS
Whereas, the Historic Preservation Commission has recommended amendments to Chapter 11
(Building Regulations) of the City of Dubuque Code of Ordinances regarding International Building
Code Amendments; and
Whereas, the City of Dubuque may add, delete, modify or amend the International Building
Code of the city; and
Whereas, the City Council has appointed a Historic Preservation Commission to develop and
adopt specific standards for review and design guidelines for the alteration of landmarks,
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landmark sites or property and structures within historic districts; review demolition permits in
historic districts, and provide recommendations to the City Council; and
Whereas, the City Council finds that the recommended amendments to Chapter 11 are
consistent with the goals and objectives of the City’s Comprehensive Plan and the purpose and
intent of the City’s Code of Ordinances; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 11-2 of the City of Dubuque Code of Ordinances is hereby amended by
adding Section 105.1 Permits, Required of the International Building Code by adding the following
new paragraph (Sec. R105.1. Permits, Required):
Sec. 11-2. International Building Code-Amendments:
The code adopted by section 11-1 of this article is hereby amended as follows:
Sec. R105.1. Permits, Required. Section 105.1 “Permits” is hereby amended to require a
building permit and Historic Preservation Commission approval for any window replacement or
alteration within a designated Historic Preservation District.
Section 2. Section 11-6 of the City of Dubuque Code of Ordinances is hereby amended by
adding Section 105.1 Permits, Required of the International Residential Building Code by adding
the following new paragraph (Sec. R105.1. Permits, Required):
The code adopted by section 11-5 of this article is hereby amended as follows:
Sec. R105.1. Permits, Required. Section 105.1 “Permits” is hereby amended to require a
building permit and Historic Preservation Commission approval for any window replacement or
alteration within a designated Historic Preservation District.
Section 3. This ordinance shall take effect immediately upon publication, as provided by law.
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Passed, approved and adopted this 4 day of December, 2006.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 8 day of December, 2006.
/s/Jeanne F. Schneider, CMC, City Clerk
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Comprehensive Plan Update: Communication from the Long Range Planning Advisory
Commission requesting that a work session be scheduled for an update on the Comprehensive
Plan, upon motion received and filed and set the work session for January 22, 2007 at 5:30 p.m.
Municipal Fire and Emergency Service Response and Deployment Study: City Manager
recommending that a work session be scheduled for January 3, 2007 at 5:00 p.m. to receive a
presentation on the Municipal Fire and Emergency Service Response and Deployment Study from
the consultant, Travis Miller of the Matrix Consulting Group, upon motion received and filed and
approved recommendation for work session for 1/3/07 at 5:00 p.m.
Fiscal Year 2008 Budget Hearing Schedule: City Manager recommending approval to move the
previously scheduled February 20th budget hearing to March 8, 2007, upon motion received, filed,
and approved.
At 7:15 p.m. upon motion Council went into Closed Session re: Pending Litigation and Property
Acquisition – Chapter 21.5(1)(c)(j) 2005 Code of Iowa. Seconded by Connors. Motion carried 7-0.
There being no further business, upon motion meeting adjourned at 7:24 p.m.
/s/ Jeanne F. Schneider, CMC
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City Clerk
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