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4 3 17 City Council Proceedings official_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on April 3, 2017 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; City Manager Van Milligen, City Attorney Brumwell Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Mayor's Day of Recognition for National Service (April 4, 2017) was accepted by AmeriCorps Member Sam Zebarth. 2. The Month of the Young Child/Child Abuse Prevention Month (April 2017) & Week of the Young Child (April 23-29, 2017) was accepted by Sherri Edwards of Dubuque County Early Childhood; and Sherry Kennedy of Dubuque Association for the Education of Young Children. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Connors. Motion carried 7-0. 1. Minutes and Reports Submitted: Building Code and Advisory Appeals Board of 3/21; City Council Proceedings of 3/20; Civil Service Commission of 3/2; Library Board of Trus- tees of 2/23; Sister City Relationships Advisory Commission of 3/22; Transit Advisory Board of 3/9; Zoning Board of Adjustment of 3/23; Proof of Publication for City Council Proceedings of 3/6, 3/7; Proof of Publication for List of Claims and Summary of Revenues Month Ending 2/28. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Mark Laird for property damage; Marvin and Mary Ritt for vehicle damage; Teamsters Local 120 for property damage, Rachel Wedewer for ve- hicle damage and personal injury; Linda Wessels for personal injury. Upon motion the documents were received, filed and referred to the City Attorney. 1 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Kaitlyn Birch for personal injury and vehicle damage; Mark Laird for prop- erty damage; Marvin and Mary Ritt for vehicle damage; Teamsters Local 120 for property damage; Rachel Wedewer for personal injury and vehicle damage; Linda Wessels for personal injury. Upon motion the documents were received, filed and concurred. 4. IDNR Working for Clean Water Publication: City Manager transmitting the Working for Clean Water publication from the Iowa Department of Natural Resources (IDNR) in which Catfish Creek is featured as a 2016 watershed success. Upon motion the docu- ments were received and filed. 5. Greater Dubuque Development Corp. 2022 Campaign: City Manager transmitting the Greater Dubuque Development Corp. 2022 Campaign Brochure. Upon motion the documents were received and filed. 6. Annual Public Housing Agency (PHA) Plan: City Manager recommending approval to submit the Annual Public Housing Agency (PHA) Plan along with the Certification for Consistency with the Consolidated Plan. Upon motion the documents were received and filed and Resolution No. 116-17 Authorizing the Mayor to execute the Certification by State or Local Office of Public Housing Agency (PHA) Plan's Consistency with the Con- solidated Plan and Approval of the PHA Annual Plan was adopted. RESOLUTION NO. 116-17 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATION BY STATE OR LOCAL OFFICE OF PUBLIC HOUSING AGENCY (PHA) PLAN'S CON- SISTENCY WITH THE CONSOLIDATED PLAN AND APPROVAL OF THE PHA AN- NUAL PLAN Whereas, the U.S. Department of Housing and Urban Development requires submis- sion of the Public Housing Agency (PHA) Plan on an annual basis; and Whereas, the U.S. Department of Housing and Urban Development requires Certifica- tion of the PHA Plan's Consistency with the Consolidated Plan. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1: That the Mayor is hereby authorized and directed to certify the PHA Plan's Consistency with the Consolidated Plan. Section 2: That the Director of Housing and Community Development is hereby au- thorized to submit the PHA Plan and the Certification as required by the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 3rd day of April 2017. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 7. Art on the River 2017 Artwork Selections: Arts and Cultural Affairs Advisory Com- mission recommending approval of the selections for the 2017 Art on the River exhibition. Upon motion the documents were received, filed and approved. 2 8. Urban Revitalization Applications for Residential Property Tax Abatement: City Man- ager recommending approval of a resolution rescinding Resolution 58-17 and adopting a resolution correcting Calendar Year 2016 applications for residential property tax abate- ment. Upon motion the documents were received and filed and Resolution No. 117-17 Rescinding Resolution No. 58-17 and approving Property Tax Abatement applications submitted by property owners in recognized Urban Revitalization Areas and authorizing the transmittal of the approved Applications to the City Tax Assessor was adopted. RESOLUTION NO. 117-17 RESOLUTION RESCINDING RESOLUTION NO. 58-17 AND APPROVING PROPERTY TAX ABATEMENT APPLICATIONS SUBMITTED BY PROPERTY OWNERS IN REC- OGNIZED URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANSMIT- TAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR Whereas, the City Council approved Resolution No. 58-17 on February 20, 2017; and Whereas, Resolution No. 58-17 incorrectly shows a fifteen (15) year abatement sched- ule for Kunkel and Associates and the approved in the Kunkel and Associates Urban Revitalization Plan only allows a ten (10) year abatement schedule; and Whereas, Resolution No. 58-17 should be rescinded and replaced with a corrected resolution reflecting the approved Kunkel and Associates Urban Revitalization Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque does hereby rescind Resolution No. 58-17 and establish the following resolution for the Calendar Year 2016 Urban Revitali- zation Applications. Section 2. That the below -described tax abatement applications are hereby approved by the City Council, subject to the review and approval of the City Assessor. A. Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to abate property taxes for improvements made to properties in designated revitalization areas; and B. The Urban Revitalization Act requires property owners to submit a written appli- cation for abatement by February 1 of the assessment year for which the abatement is first claimed, and further requires the City Council to approve all applications that meet the requirements of the adopted Urban Revitalization Plan and forward the approved applications to the City Assessor for review by March 1 of each year; and C. Pursuant to the requirements of said Urban Revitalization Act, the following Ur- ban Revitalization Areas were established: Upper Main, Jackson Park, Washington Neighborhood, West 11th Street, Langworthy, Cathedral, Old Main, Kunkel & Associ- ates, Lange Estates; and D. The City of Dubuque, as of February 1, 2016, received residential tax abatement applications from the following property owners in the aforementioned urban revitali- zation districts eligible for 10 year 100% abatement; Upper Main Urban Revitalization Area, established August 21, 1995 140 Loras Boulevard, Jaeger & Jaeger, LLC Jackson Park Urban Revitalization Area, established October 6, 1980 1576 Locust St., 1576 W Landlord LLC 3 324 W Locust St., Weaver Castle, LLC 326 W Locust St., Weaver Castle, LLC Washington Neighborhood Urban Revitalization Area, established March 2007 1461 Jackson St., Community Housing Initiatives (CHI) 1513 Washington St., Community Housing Initiatives (CHI) 1629 Washington St., Hilary Dalton 1631 Jackson St., Robert & Erin Daughers 1656 Jackson St., Paula Unsen 1812 Central Ave., (Multifamily), Richard Taft 1812 LLC 1849 Jackson St., Community Housing Initiatives (CHI) 2073 Jackson St., Josh Weiland 2139 Jackson St., Community Housing Initiatives (CHI) 308 E. 22nd St., Community Housing Initiatives (CHI) West 11th Street Urban Revitalization Area, established March, 1981 920 & 922 Center Place, Bruce & Renae Bettcher Langworthy Urban Revitalization Area, established December, 2002 1148 Langworthy St., Kevin Cassill & Melissa Daykin Cassill 490 Alpine St., Patrick & Amy Greener Lange Estates 3275 Pennsylvania Ave., Applewood IV, LLC E. The City of Dubuque, as of February 1, 2016, received commercial tax abatement applications from the following property owners in the Washington Neighborhood Urban Revitalization District eligible for 3 year 100% abatement; Washington Neighborhood Urban Revitalization Area, established March 2007 1812 Central Ave (Storefronts), Richard Taft 1812 LLC 422 & 430 Garfield Ave., Robert F Klauer F. The City of Dubuque, as of February 1, 2016, received commercial/industrial tax abatement application from the following property owner in the Kunkel and Associates urban Revitalization district, eligible for a partial exemption equal to a percent of the actual value added by the improvements over a period of 10 years as follows: a. For the first year, eighty percent (80%) b. For the second year, seventy percent (70%) c. For the third year, sixty percent (60%) d. For the fourth year, fifty percent (50%) e. For the fifth year, forty percent (40%) f. For the sixth year, forty percent (40%) g. For the seventh year, thirty percent (30%) h. For the eighth year, thirty percent (30%) i. For the ninth year, twenty percent (20%) j. For the tenth year, twenty percent (20%) Kunkel & Associates Urban Revitalization Area, established January 2015 401 Data Court, Kunkel Properties, LLC G. The Housing and Community Development Department has reviewed the above- described applications and inspected the properties, and has determined the applications and the improvements conform to all requirements of the City of Dubuque's Urban Revi- talization Plans. 4 Passed, approved and adopted this 3rd day of April, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9. Express Scripts Programs: City Manager recommending approval for the City Man- ager to sign the 2017 PBM Agreement Service Addendum with Express Scripts. Upon motion the documents were received, filed and approved. 10. Medical Associates MMPI -2 Testing Services: City Manager recommending ap- proval of a one-year agreement with the psychologists at Medical Associates Clinic to provide MMPI -2 Testing Services administered to all new Firefighters and Police Officers. Upon motion the documents were received, filed and approved. 11. Benefit Consulting and Actuarial Services: City Manager recommending approval of the selection of Gallagher Benefit Services, Inc., to perform benefit consulting and ac- tuarial services related to the City's employee health, life, accidental death and dismem- berment, disability, prescription drug and dental benefit plans. Upon motion the docu- ments were received, filed and approved. 12. Series 2017ABC General Obligation Bonds Completion of Sale: City Manager rec- ommending approval of the suggested proceedings to complete the action required on the recent Series 2017A, Series 2017B and Series 2017C General Obligation Bonds. Upon motion the documents were received and filed and Resolution No. 118-17 Appoint- ing Wells Fargo Corporate Trust Services of Minneapolis, Minnesota, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent and Bond Reg- istrar and Transfer Agent Agreement and authorizing the execution of the Agreement; Resolution No. 119-17 Authorizing and providing for the issuance of $8,495,000 General Obligation Bonds, Series 2017A, and levying a tax to pay said Bonds; approval of the Tax Exemption Certificate and Continuing Disclosure Certificate; Resolution No. 120-17 Ap- pointing Wells Fargo Corporate Trust Services of Minneapolis, Minnesota, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement; Resolution No. 121-17 Authorizing and providing for the issuance of $9,745,000 General Obligation Urban Renewal Refunding Bonds, Series 2017B, and levying a tax to pay said Bonds; approval of the Tax Exemption Certificate and Continuing Disclosure Certificate; Resolution No. 122-17 Appointing Wells Fargo Corporate Trust Services of Minneapolis, Minnesota, to serve As Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement; and Resolution No. 123-17 Authorizing and providing for the issuance of $2,120,000 Taxable General Obligation Urban Renewal Refunding Bonds, Series 2017C, and levying a tax to pay said Bonds; approval of the Continuing Disclosure Certificate were adopted. RESOLUTION NO. 118-17 RESOLUTION APPOINTING WELLS FARGO CORPORATE TRUST SERVICES OF MINNEAPOLIS, MINNESOTA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, 5 AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND BOND REGIS- TRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT Whereas, $8,495,000 General Obligation Bonds, Series 2017A, dated April 17, 2017, have been sold and action should now be taken to provide for the maintenance of records, registration of certificates and payment of principal and interest in connection with the issuance of the Bonds; and Whereas, this Council has deemed that the services offered by Wells Fargo Corporate Trust Services of Minneapolis, Minnesota, are necessary for compliance with rules, reg- ulations, and requirements governing the registration, transfer and payment of registered bonds; and Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement") has been prepared to be entered into between the City and Wells Fargo Corporate Trust Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: That Wells Fargo Corporate Trust Services of Minneapolis, Minnesota, is hereby ap- pointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $8,495,000 General Obligation Bonds, Series 2017A, dated April 17, 2017. That the Agreement with Wells Fargo Corporate Trust Services of Minneapolis, Min- nesota, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed, approved and adopted this 3rd day of April 2017. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 119-17 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $8,495,000 GENERAL OBLIGATION BONDS, SERIES 2017A, AND LEVYING A TAX TO PAY SAID BONDS; APPROVAL OF THE TAX EXEMPTION CERTIFICATE AND CONTIN- UING DISCLOSURE CERTIFICATE Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the Issuer is in need of funds to pay (a) costs of the settlement, adjustment, renewing, or extension of any part or all of the legal indebtedness of a city, whether evi- denced by bonds, warrants, or judgments, or the funding or refunding of the same, whether or not such indebtedness was created for a purpose for which general obligation bonds might have been issued in the original instance, including General Obligation Bonds, Taxable Series 2009A (BAB), General Obligation Refunding Bonds, Series 2009C and General Obligation Bonds, Series 2010A; and (b) the equipping of the fire depart- ment, essential corporate purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $8,950,000 be authorized for said purpose(s); and Whereas, it is found and determined that the aforesaid adjustment and refunding of present indebtedness is necessary and in the public interest and will benefit the City and 6 its taxpayers by restructuring three (3) outstanding issue(s) of Bonds for purposes of more efficient administration thereof; by conforming the debt service requirements to the antic- ipated receipt of tax funds thereby reducing the impact of delays in the collection of future taxes upon the Bond's cash flow; and to adjust the requirements of the outstanding in- debtedness so as to facilitate the orderly retirement of Bonds anticipated to be issued for future capital improvements; and Whereas, it presently appears that the aforesaid benefits may be realized and at the same time savings may be effected in the debt service fund requirements of the City by refunding of the Bonds set forth in the schedule set forth as Exhibit "A", attached to this Resolution and made a part hereof by this reference; and Whereas, pursuant to notice published as required by Section 384.25 of the Code of Iowa, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $8,495,000 General Obligation Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds for such pur- pose(s); and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned Bonds were heretofore sold at public sale and action should now be taken to issue said Bonds conforming to the terms and conditions of the best bid received at the advertised public sale. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: • "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. • "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Par- ticipant on the records of such Participant or such person's subrogee. • "Blanket Issuer Letter of Representations" shall mean the Representation Letter from the Issuer to DTC, with respect to the Bonds. • "Bond Fund" shall mean the fund created in Section 3 of this Resolution. • "Bonds" shall mean $8,495,000 General Obligation Bonds, Series 2017A, authorized to be issued by this Resolution. • "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nom- inee of DTC with respect to the Bonds. • "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Cer- tificate approved under the terms of this Resolution and to be executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. • "Current Refunded Portion" shall mean $8,450,000 of the Bonds to refund the Re- funded Bonds. • "Depository Bonds " shall mean the Bonds as issued in the form of one global certif- icate for each maturity, registered in the Registration Books maintained by the Reg- istrar in the name of DTC or its nominee. • "DTC" shall mean The Depository Trust Company, New York, New York, which will act as security depository for the Bonds pursuant to the Representation Letter. • "Issuer" and "City" shall mean the City of Dubuque, State of Iowa. 7 • "New Money Portion" shall mean $233,000 of the bonds issued to pay costs of equip- ping the fire department. . "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. • "Paying Agent" shall mean Wells Fargo Corporate Trust Services, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. ."Project" shall mean the costs of a) the settlement, adjustment, renewing, or exten- sion of any part or all of the legal indebtedness of a city, whether evidenced by bonds, warrants, or judgments, or the funding or refunding of the same, whether or not such indebtedness was created for a purpose for which general obligation bonds might have been issued in the original instance, including General Obligation Bonds, Tax- able Series 2009A (BAB), General Obligation Refunding Bonds, Series 2009C and General Obligation Bonds, Series 2010A; and b) equipping the fire department. ."Project Fund" shall mean, as to the New Money Portion, the fund established under this Resolution for the deposit of a portion of the proceeds to pay the costs of equip- ping the fire department. As to the Current Refunded Portion, "Project Fund" shall mean the fund into which a portion of the proceeds will be deposited and used, to- gether with interest earnings thereon, to pay the principal, interest and redemption premium, if any, on the Refunded Bonds. • "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. ."Refunded Bonds" shall mean $2,025,000 of the $2,935,000 General Obligation Bonds, Series 2009A (Taxable Build America Bonds), dated November 10, 2009, $3,325,000 of the $8,885,000 General Obligation Refunding Bonds, Series 2009C, dated November 10, 2009, and $3,100,000 of the $4,470,000 General Obligation Bonds, Series 2010A, dated August 30, 2010. ."Registrar" shall mean Wells Fargo Corporate Trust Services of Minneapolis, Minne- sota, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. ."Resolution" shall mean this resolution authorizing the Bonds. ."Tax Exemption Certificate" shall mean the Tax Exemption Certificate approved un- der the terms of this Resolution and to be executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. • "Treasurer" shall mean the Finance Director or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. a. Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Dubu- que, Iowa, to -wit: FISCAL YEAR (JULY 1 TO JUNE 30) 8 AMOUNT YEAR OF COLLECTION $1,415,998.33* 2017/2018 $1,420,950.00 2018/2019 $1,424,950.00 2019/2020 $1,422.750.00 2020/2021 $484,500.00 2021/2022 $483,250.00 2022/2023 $496,700.00 2023/2024 $489,400.00 2024/2025 $486,950.00 2025/2026 $489,200.00 2026/2027 $491,000.00 2027/2028 $492,350.00 2028/2029 $283,250.00 2029/2030 Payable from the Debt Service Levy on the Refunded Bonds. (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2016 will be collected during the fiscal year commencing July 1, 2017.) b. Resolution to be Filed With County Auditor. A certified copy of this Resolution shall be filed with the Auditor of Dubuque County, Iowa and the Auditor is hereby in- structed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of the tax, and for no other purpose whatsoever. c. Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be assessed and collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "2017A GENERAL OBLIGATION BOND FUND" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be appor- tioned to said fund its proportion of taxes received by the City from property that is cen- trally assessed by the State of Iowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds, other than accrued interest except as may be provided below, shall be credited to the Project Fund and ex- pended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. 9 Proceeds invested shall mature before the date which the moneys are required for payment of principal and interest on the Refunded Bonds. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investment of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2015, as amended, or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be con- tinuously secured in compliance with Chapter 12C of the Code of Iowa, 2015, as amended, or otherwise by a valid pledge of direct obligations of the United States Gov- ernment having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. a. Bond Details. General Obligation Bonds of the City in the amount of $8,495,000 shall be issued pursuant to the provisions of Section 384.25 of the Code of Iowa for the aforesaid purposes. The Bonds shall be designated "GENERAL OBLIGATION BOND, SERIES 2017A", be dated April 17, 2017, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2017, and semiannually thereafter on the 1st day of June and Decem- ber in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Principal Amount Interest Rate Maturity June 1 $1,130,000 3.000% 2018 $1,200,000 3.000% 2019 $1,240,000 3.000% 2020 $1,275,000 3.000% 2021 $375,000 3.000% 2022 $385,000 3.000% 2023 $410,000 3.000% 2024 $415,000 3.000% 2025 $425,000 3.000% 2026 $440,000 3.000% 2027 $455,000 3.000% 2028 $470,000 3.000% 2029 $275,000 3.000% 2030 b. Redemption. 10 i. Optional Redemption. Bonds maturing after June 1, 2025 may be called for optional redemption by the Issuer on that date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give written notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. Written notice will be deemed completed upon transmission to the owner of record. If selection by lot within a maturity is required, the Registrar shall designate the Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached. If less than all of a maturity is called for redemption, the Issuer will notify DTC of the particular amount of such maturity to be redeemed prior to maturity. DTC will determine by lot the amount of each Participant's interest in such maturity to be redeemed and each Participant will then select by lot the beneficial ownership inter- ests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. Section 7. Issuance of Bonds in Book -Entry Form; Replacement Bonds. a. Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer deter- mines to permit the exchange of Depository Bonds for Bonds in Authorized Denomi- nations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount). The Bonds must be registered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bonds registered in the name of Cede & Co. will be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated or in the Representation Letter. b. The Bonds will be initially issued in the form of separate single authenticated fully registered bonds in the amount of each stated maturity of the Bonds. Upon initial issu- ance, the ownership of the Bonds will be registered in the registry books kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Pay- ing Agent and Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or por- tions to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for other purposes. The Paying Agent, Registrar and the Issuer have no responsi- bility or obligation to any Participant or Beneficial Owner of the Bonds under or through 11 DTC with respect to the accuracy of records maintained by DTC or any Participant; with respect to the payment by DTC or Participant of an amount of principal or redemp- tion price of or interest on the Bonds; with respect to any notice given to owners of Bonds under the Resolution; with respect to the Participant(s) selected to receive pay- ment in the event of a partial redemption of the Bonds, or a consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Regis- trar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all payments are valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum paid. DTC must receive an authenticated Bond for each separate stated maturity evi- dencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to the new nominee in accordance with this Section. c. In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Bonds certificates. The Bonds will be transferable in ac- cordance with this Section. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities under applicable law. In this event, the Bonds will be transferable in accordance with this Section. d. Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on the Bond and all notices must be made and given, respectively to DTC as provided in the Representa- tion letter. e. In connection with any notice or other communication to be provided to Bond- holders by the Issuer or the Paying Agent and Registrar with respect to a consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for the consent or other action and give DTC notice of the record date not less than 15 calendar days in advance of the record date to the extent possible. Notice to DTC must be given only when DTC is the sole Bondholder. f. The Representation Letter is on file with DTC and sets forth certain matters with respect to, among other things, notices, consents and approvals by Bondholders and payments on the Bonds. The execution and delivery of the Representation Letter to DTC by the Issuer is ratified and confirmed. g. In the event that a transfer or exchange of the Bonds is permitted under this Section, the transfer or exchange may be accomplished upon receipt by the Registrar from the registered owners of the Bonds to be transferred or exchanged and appropri- ate instruments of transfer. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution apply 12 to, among other things, the printing of certificates and the method or payment of prin- cipal of and interest on the certificates. Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) im- mobilization of the Depository Bonds, (ii) registration and transfer of interests in De- pository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. h. The officers of the Issuer are authorized and directed to prepare and furnish to the purchaser, and to the attorneys approving the legality of Bonds, certified copies of proceedings, ordinances, resolutions and records and all certificates and affidavits and other instruments as may be required to evidence the legality and marketability of the Bonds, and all certified copies, certificates, affidavits and other instruments constitute representations of the Issuer as to the correctness of all stated or recited facts. Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; De- livery; and Cancellation. a. Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Wells Fargo Corporate Trust Services is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of own- ership of the Bonds for the payment of principal of and interest on the Bonds as pro- vided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. b. Transfer. The ownership of any Bond may be transferred only upon the Registra- tion Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer iden- tification 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 regis- tered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any de- nomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. c. Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. 13 d. Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal repre- sentative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. e. Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the can- celled Bonds to the Issuer. f. Non-Presentment of Bonds. In the event any payment check representing pay- ment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall con- tinue 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 redemp- tion thereof, or otherwise, at which time the Paying Agent, shall surrender any remain- ing funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. g. Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish addi- tional Bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any out- standing Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satis- factory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof 14 or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Upon receipt of the final payment of principal, the holder of the Bond shall surrender the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute the Bonds by their manual or author- ized signature and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or oblig- atory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenti- cated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt writ- ten notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed substantially in the form as [pro- vided]: Section 14. Closing Documents. The Mayor and City Clerk are authorized and directed to execute, attest, seal and deliver for and on behalf of the City any other additional cer- tificates, documents, or other papers and perform all other acts, including without limita- tion the execution of all closing documents, as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 15. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 16. Non-Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the require- ments of statutes and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not ex- pected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. 15 Section 17. Approval of Tax Exemption Certificate. Attached hereto is a form of Tax Exemption Certificate stating the Issuer's reasonable expectations as to the use of the proceeds of the Bonds. The form of Tax Exemption Certificate is approved. The Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Finance Director is hereby directed to make and insert all calcula- tions and determinations necessary to complete the Tax Exemption Certificate at issu- ance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 18. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Is- suer to comply with its obligations under the Continuing Disclosure Certificate. For pur- poses of this section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other interme- diaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 19. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) com- ply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds;(c) consult with Bond Counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds;(e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such com- pliance. Section 20. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of Bond Counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 21. Repeal of Conflicting Resolutions or Ordinances. All ordinances and reso- lutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 22. 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 ap- proval. Passed, approved and adopted this 3rd day of April 2017. 16 Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 120-17 RESOLUTION APPOINTING WELLS FARGO CORPORATE TRUST SERVICES OF MINNEAPOLIS, MINNESOTA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND BOND REGIS- TRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT Whereas, $9,745,000 General Obligation Urban Renewal Refunding Bonds, Series 2017B, dated April 17, 2017, have been sold and action should now be taken to provide for the maintenance of records, registration of certificates and payment of principal and interest in connection with the issuance of the Bonds; and Whereas, this Council has deemed that the services offered by Wells Fargo Corporate Trust Services of Minneapolis, Minnesota, are necessary for compliance with rules, reg- ulations, and requirements governing the registration, transfer and payment of registered bonds; and Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement") has been prepared to be entered into between the City and Wells Fargo Corporate Trust Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: That Wells Fargo Corporate Trust Services of Minneapolis, Minnesota, is hereby ap- pointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $9,745,000 General Obligation Urban Renewal Refunding Bonds, Series 2017B, dated April 17, 2017. That the Agreement with Wells Fargo Corporate Trust Services of Minneapolis, Min- nesota, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed, approved and adopted this 3rd day of April 2017. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 121-17 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $9,745,000 GENERAL OBLIGATION URBAN RENEWAL REFUNDING BONDS, SERIES 2017B, AND LEVYING A TAX TO PAY SAID BONDS; APPROVAL OF THE TAX EXEMPTION CERTIFICATE AND CONTINUING DISCLOSURE CERTIFICATE Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the Issuer is in need of funds to pay costs of the settlement, adjustment, renewing, or extension of any part or all of the legal indebtedness of a city, whether evi- denced by bonds, warrants, or judgments, or the funding or refunding of the same, whether or not such indebtedness was created for a purpose for which general obligation bonds might have been issued in the original instance, including General Obligation Ur - 17 ban Renewal Bonds, Taxable Series 2009B (BAB) and General Obligation Urban Re- newal Bonds, Series 2010C, essential corporate urban renewal purpose project(s), and it is deemed necessary and advisable that the City issue General Obligation Urban Re- newal Refunding Bonds, for such purpose(s) to the amount of not to exceed $10,250,000 as authorized by Sections 384.25 and 403.12 of the Code of Iowa; and Whereas, pursuant to notice published as required by Sections 384.25 and 403.12 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds, and all objections, if any, to such Council action made by any resident or property owner of the City were received and considered by the Council; and no petition having been filed, it is the decision of the Council that additional action be taken for the issuance of said Bonds for such purpose(s), and that such action is consid- ered to be in the best interests of the City and the residents thereof; and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned Bonds were heretofore sold at public sale and action should now be taken to issue said Bonds conforming to the terms and conditions of the best bid received at the advertised public sale. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: • "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. • "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Par- ticipant on the records of such Participant or such person's subrogee. • "Blanket Issuer Letter of Representations" shall mean the Representation Letter from the Issuer to DTC, with respect to the Bonds. • "Bond Fund" shall mean the fund created in Section 3 of this Resolution. • "Bonds" shall mean $9,745,000 General Obligation Urban Renewal Refunding Bonds, Series 2017B, authorized to be issued by this Resolution. • "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. • "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate approved under the terms of this Resolution and to be executed by the Is- suer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. • "Depository Bonds " shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. • "DTC" shall mean The Depository Trust Company, New York, New York, which will act as security depository for the Bond pursuant to the Representation Letter. • "Issuer" and "City" shall mean the City of Dubuque, State of Iowa. • "Participants" shall mean those broker-dealers, banks and other financial institu- tions for which DTC holds Bonds as securities depository. • "Paying Agent" shall mean Wells Fargo Corporate Trust Services, or such succes- sor as may be approved by Issuer as provided herein and who shall carry out the duties 18 prescribed herein as Issuer's agent to provide for the payment of principal of and inter- est on the Bonds as the same shall become due. • "Project" shall mean the costs of the settlement, adjustment, renewing, or exten- sion of any part or all of the legal indebtedness of a city, whether evidenced by bonds, warrants, or judgments, or the funding or refunding of the same, whether or not such indebtedness was created for a purpose for which general obligation bonds might have been issued in the original instance, including General Obligation Urban Renewal Bonds, Taxable Series 2009B (BAB) and General Obligation Urban Renewal Bonds, Series 2010C. • "Project Fund" shall mean the fund into which a portion of the proceeds of the Bonds will be deposited and used, together with interest earnings thereon, to pay the principal, interest and redemption premium, if any, on the Refunded Bonds. • "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. • "Refunded Bonds" shall mean $7,830,000 of the $11,175,000 General Obligation Urban Renewal Bonds, Series 2009B, dated November 10, 2009 and $2,115,000 of the $2,825,000 General Obligation Urban Renewal Bonds, Series 2010C, dated Au- gust 30, 2010. • "Registrar" shall mean Wells Fargo Corporate Trust Services of Minneapolis, Min- nesota, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Trans- fer Agent for the Bonds. • "Resolution" shall mean this resolution authorizing the Bonds. • "Tax Exemption Certificate" shall mean the Tax Exemption Certificate approved under the terms of this Resolution and to be executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. • "Treasurer" shall mean the Finance Director or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. a. Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Dubu- que, Iowa to -wit: 19 AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION $953,081.67* 2017/2018 $953,600.00 2018/2019 $963,200.00 2019/2020 $961,900.00 2020/2021 $965,000.00 2021/2022 $967,350.00 2022/2023 $968,950.00 2023/2024 $979,800.00 2024/2025 $974,600.00 2025/2026 $973,800.00 2026/2027 $982,250.00 2027/2028 $994,650.00 2028/2029 $200,850.00 2029/2030 Payable from the Debt Service Levy on the Refunded Bonds. (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2016 will be collected during the fiscal year commencing July 1, 2017.) b. Resolution to be Filed With County Auditor. A certified copy of this Resolution shall be filed with the Auditor of Dubuque County, Iowa and the Auditor is hereby in- structed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of the tax, and for no other purpose whatsoever. c. Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be assessed and collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "2017B GENERAL OBLIGATION URBAN RENEWAL REFUNDING BOND FUND" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds, other than accrued interest except as may be provided below, shall be credited to the Project Fund and ex- pended therefrom for the purposes of issuance. Proceeds invested shall mature before the date on which the moneys are required for payment of principal and interest on the Refunded Bonds. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investment of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by 20 Chapter 12B, Code of Iowa, 2015, as amended, or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be con- tinuously secured in compliance with Chapter 12C of the Code of Iowa, 2015, as amended, or otherwise by a valid pledge of direct obligations of the United States Gov- ernment having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6 Bond Details, Execution and Redemption. a. Bond Details. General Obligation Urban Renewal Refunding Bonds of the City in the amount of $9,745,000, shall be issued pursuant to the provisions of Sections 384.25 and 403.12 of the Code of Iowa for the aforesaid purposes. The Bonds shall be designated "GENERAL OBLIGATION URBAN RENEWAL REFUNDING BOND, SERIES 2017B", be dated April 17, 2017, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2017, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Principal Amount Interest Rate Maturity June 1st $625,000 3.000% 2018 $680,000 3.000% 2019 $710,000 3.000% 2020 $730,000 3.000% 2021 $755,000 3.000% 2022 $780,000 3.000% 2023 $805,000 3.000% 2024 $840,000 3.000% 2025 $860,000 3.000% 2026 $885,000 3.000% 2027 $920,000 3.000% 2028 $960,000 3.000% 2029 $195,000 3.000% 2030 b. Redemption. i. Optional Redemption. Bonds maturing after June 1, 2025 may be called for optional redemption by the Issuer on that date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. 21 Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give written notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. Written notice will be deemed completed upon transmission to the owner of record. If selection by lot within a maturity is required, the Registrar shall designate the Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached. If less than all of a maturity is called for redemption, the Issuer will notify DTC of the particular amount of such maturity to be redeemed prior to maturity. DTC will determine by lot the amount of each Participant's interest in such maturity to be redeemed and each Participant will then select by lot the beneficial ownership inter- ests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. Section 7. Issuance of Bonds in Book -Entry Form; Replacement Bonds. a. Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer deter- mines to permit the exchange of Depository Bonds for Bonds in Authorized Denomi- nations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount). The Bonds must be registered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bonds registered in the name of Cede & Co. will be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated or in the Representation Letter. b. The Bonds will be initially issued in the form of separate single authenticated fully registered bonds in the amount of each stated maturity of the Bonds. Upon initial issu- ance, the ownership of the Bonds will be registered in the registry books kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Pay- ing Agent and Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or por- tions to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for other purposes. The Paying Agent, Registrar and the Issuer have no responsi- bility or obligation to any Participant or Beneficial Owner of the Bonds under or through DTC with respect to the accuracy of records maintained by DTC or any Participant; with respect to the payment by DTC or Participant of an amount of principal or redemp- tion price of or interest on the Bonds; with respect to any notice given to owners of Bonds under the Resolution; with respect to the Participant(s) selected to receive pay- ment in the event of a partial redemption of the Bonds, or a consent given or other 22 action taken by DTC as registered owner of the Bonds. The Paying Agent and Regis- trar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all payments are valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum paid. DTC must receive an authenticated Bond for each separate stated maturity evi- dencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to the new nominee in accordance with this Section. c. In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Bonds certificates. The Bonds will be transferable in ac- cordance with this Section. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities under applicable law. In this event, the Bonds will be transferable in accordance with this Section. d. Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on the Bond and all notices must be made and given, respectively to DTC as provided in the Representa- tion letter. e. In connection with any notice or other communication to be provided to Bond- holders by the Issuer or the Paying Agent and Registrar with respect to a consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for the consent or other action and give DTC notice of the record date not less than 15 calendar days in advance of the record date to the extent possible. Notice to DTC must be given only when DTC is the sole Bondholder. f. The Representation Letter is on file with DTC and sets forth certain matters with respect to, among other things, notices, consents and approvals by Bondholders and payments on the Bonds. The execution and delivery of the Representation Letter to DTC by the Issuer is ratified and confirmed. g. In the event that a transfer or exchange of the Bonds is permitted under this Section, the transfer or exchange may be accomplished upon receipt by the Registrar from the registered owners of the Bonds to be transferred or exchanged and appropri- ate instruments of transfer. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution apply to, among other things, the printing of certificates and the method or payment of prin- cipal of and interest on the certificates. Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) im- 23 mobilization of the Depository Bonds, (ii) registration and transfer of interests in De- pository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. h. The officers of the Issuer are authorized and directed to prepare and furnish to the purchaser, and to the attorneys approving the legality of Bonds, certified copies of proceedings, ordinances, resolutions and records and all certificates and affidavits and other instruments as may be required to evidence the legality and marketability of the Bonds, and all certified copies, certificates, affidavits and other instruments constitute representations of the Issuer as to the correctness of all stated or recited facts. Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; De- livery; and Cancellation. a. Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Wells Fargo Corporate Trust Services is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of own- ership of the Bonds for the payment of principal of and interest on the Bonds as pro- vided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. b. Transfer. The ownership of any Bond may be transferred only upon the Registra- tion Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer iden- tification 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 regis- tered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any de- nomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. c. Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. d. Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal repre- sentative. All such payments shall be valid and effectual to satisfy and discharge the 24 liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. e. Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the can- celled Bonds to the Issuer. f. Non -Presentment of Bonds. In the event any payment check representing pay- ment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall con- tinue 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 redemp- tion thereof, or otherwise, at which time the Paying Agent, shall surrender any remain- ing funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. g. Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish addi- tional Bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any out- standing Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satis- factory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Upon receipt of the final payment of principal, the holder of the Bond shall surrender the Bond to the Paying Agent. 25 Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute the Bonds by their manual or author- ized signature and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or oblig- atory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenti- cated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt writ- ten notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed substantially in the form as [pro- vided]: Section 14. Closing Documents. The Mayor and City Clerk are authorized and directed to execute, attest, seal and deliver for and on behalf of the City any other additional cer- tificates, documents, or other papers and perform all other acts, including without limita- tion the execution of all closing documents, as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 15. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 16. Non -Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the require- ments of statutes and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not ex- pected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Section 17. Approval of Tax Exemption Certificate. Attached hereto is a form of Tax Exemption Certificate stating the Issuer's reasonable expectations as to the use of the proceeds of the Bonds. The form of Tax Exemption Certificate is approved. The Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part 26 of this Resolution. The Finance Director is hereby directed to make and insert all calcula- tions and determinations necessary to complete the Tax Exemption Certificate at issu- ance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 18. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Is- suer to comply with its obligations under the Continuing Disclosure Certificate. For pur- poses of this section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other interme- diaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 19. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) com- ply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds;(c) consult with Bond Counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds;(e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such com- pliance. Section 20. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of Bond Counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 21. Repeal of Conflicting Resolutions or Ordinances. All ordinances and reso- lutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 22. 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 ap- proval. Passed, approved and adopted this 3rd day of April 2017. Attest: Kevin S. Firnstahl, City Clerk Roy D Buol, Mayor RESOLUTION NO. 122-17 27 RESOLUTION APPOINTING WELLS FARGO CORPORATE TRUST SERVICES OF MINNEAPOLIS, MINNESOTA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND BOND REGIS- TRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT Whereas, $2,120,000 Taxable General Obligation Urban Renewal Refunding Bonds, Series 2017C, dated April 17, 2017, have been sold and action should now be taken to provide for the maintenance of records, registration of certificates and payment of princi- pal and interest in connection with the issuance of the Bonds; and Whereas, this Council has deemed that the services offered by Wells Fargo Corporate Trust Services of Minneapolis, Minnesota, are necessary for compliance with rules, reg- ulations, and requirements governing the registration, transfer and payment of registered bonds; and Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement") has been prepared to be entered into between the City and Wells Fargo Corporate Trust Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: 1. That Wells Fargo Corporate Trust Services of Minneapolis, Minnesota, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $2,120,000 Taxable General Obligation Urban Renewal Refunding Bonds, Series 2017C, dated April 17, 2017. 2. That the Agreement with Wells Fargo Corporate Trust Services of Minneapolis, Min- nesota, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed, approved and adopted this 3rd day of April 2017. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 123-17 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,120,000 TAXABLE GENERAL OBLIGATION URBAN RENEWAL REFUNDING BONDS, SE- RIES 2017C, AND LEVYING A TAX TO PAY SAID BONDS; APPROVAL OF THE CON- TINUING DISCLOSURE CERTIFICATE Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the Issuer is in need of funds to pay costs of the settlement, adjustment, renewing, or extension of any part or all of the legal indebtedness of a city, whether evi- denced by bonds, warrants, or judgments, or the funding or refunding of the same, whether or not such indebtedness was created for a purpose for which general obligation bonds might have been issued in the original instance, including Taxable General Obli- gation Urban Renewal Bonds, Series 2010B, essential corporate urban renewal purpose project(s), and it is deemed necessary and advisable that the City issue Taxable General Obligation Urban Renewal Refunding Bonds, for such purpose(s) to the amount of not to exceed $2,200,000 as authorized by Sections 384.25 and 403.12 of the Code of Iowa; and 28 Whereas, pursuant to notice published as required by Sections 384.25 and 403.12 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds, and all objections, if any, to such Council action made by any resident or property owner of the City were received and considered by the Council; and no petition having been filed, it is the decision of the Council that additional action be taken for the issuance of said Bonds for such purpose(s), and that such action is consid- ered to be in the best interests of the City and the residents thereof; and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned Bonds were heretofore sold at public sale and action should now be taken to issue said Bonds conforming to the terms and conditions of the best bid received at the advertised public sale. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: • "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. • "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Par- ticipant on the records of such Participant or such person's subrogee. • "Blanket Issuer Letter of Representations" shall mean the Representation Letter from the Issuer to DTC, with respect to the Bonds. • "Bond Fund" shall mean the fund created in Section 3 of this Resolution. • "Bonds" shall mean $2,120,000 Taxable General Obligation Urban Renewal Re- funding Bonds, Series 2017C, authorized to be issued by this Resolution. • "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. • "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate approved under the terms of this Resolution and to be executed by the Is- suer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. • "Depository Bonds " shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. • "DTC" shall mean The Depository Trust Company, New York, New York, which will act as security depository for the Bond pursuant to the Representation Letter. • "Issuer" and "City" shall mean the City of Dubuque, State of Iowa. • "Participants" shall mean those broker-dealers, banks and other financial institu- tions for which DTC holds Bonds as securities depository. • "Paying Agent" shall mean Wells Fargo Corporate Trust Services, or such succes- sor 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 inter - est on the Bonds as the same shall become due. • "Project" shall mean the costs of the settlement, adjustment, renewing, or exten- sion of any part or all of the legal indebtedness of a city, whether evidenced by bonds, warrants, or judgments, or the funding or refunding of the same, whether or not such indebtedness was created for a purpose for which general obligation bonds might have 29 been issued in the original instance, including Taxable General Obligation Urban Re- newal Bonds, Series 2010B. • "Project Fund" shall mean the fund into which a portion of the proceeds will be deposited and used, together with interest earnings thereon, to pay the principal, inter- est and redemption premium, if any, on the Refunded Bonds. • "Refunded Bonds" shall mean $2,100,000 of the $2,675,000 Taxable General Ob- ligation Urban Renewal Bonds, Series 2010B, dated August 30, 2010. • "Registrar" shall mean Wells Fargo Corporate Trust Services of Minneapolis, Min- nesota, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Trans- fer Agent for the Bonds. • "Resolution" shall mean this resolution authorizing the Bonds. • "Treasurer" shall mean the Finance Director or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. a. Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Dubu- que, Iowa to -wit: AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION $189,296.72* 2017/2018 $187,755.00 2018/2019 $194,005.00 2019/2020 $194,955.00 2020/2021 $200,755.00 2021/2022 $201,255.00 2022/2023 $201,605.00 2023/2024 $206,805.00 2024/2025 $211,705.00 2025/2026 $211,215.00 2026/2027 $210,387.50 2027/2028 $214,117.50 2028/2029 $222,417.50 2029/2030 *Payable from the Debt Service Levy on the Refunded Bonds. (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2016 will be collected during the fiscal year commencing July 1, 2017.) b. Resolution to be Filed With County Auditor. A certified copy of this Resolution shall be filed with the Auditor of Dubuque County, Iowa and the Auditor is hereby in- structed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for 30 the purpose of paying principal and interest on said Bonds issued in anticipation of the tax, and for no other purpose whatsoever. c. Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be assessed and collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "2017C GENERAL OBLIGATION REFUNDING BOND FUND" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds, other than accrued interest except as may be provided below, shall be credited to the Project Fund and ex- pended therefrom for the purposes of issuance. Proceeds invested shall mature before the date on which the moneys are required for payment of principal and interest on the Refunded Bonds. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investment of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2015, as amended, or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be con- tinuously secured in compliance with Chapter 12C of the Code of Iowa, 2015, as amended, or otherwise by a valid pledge of direct obligations of the United States Gov- ernment having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. a. Bond Details. Taxable General Obligation Urban Renewal Refunding Bonds of the City in the amount of $2,120,000, shall be issued pursuant to the provisions of Sections 384.25 and 403.12 of the Code of Iowa for the aforesaid purposes. The Bonds shall be designated "TAXABLE GENERAL OBLIGATION URBAN RENEWAL RE- FUNDING BOND, SERIES 2017C", be dated April 17, 2017, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2017, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: 31 Principal Amount Interest Rate Maturity June 1st $115,000 3.000% 2018 $125,000 3.000% 2019 $135,000 3.000% 2020 $140,000 3.000% 2021 $150,000 3.000% 2022 $155,000 3.000% 2023 $160,000 3.000% 2024 $170,000 3.000% 2025 $180,000 3.050% 2026 $185,000 3.150% 2027 $190,000 3.300% 2028 $200,000 3.350% 2029 $215,000 3.450% 2030 b. Redemption. i. Optional Redemption. Bonds maturing after June 1, 2025, may be called for optional redemption by the Issuer on that date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give written notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. Written notice will be deemed completed upon transmission to the owner of record. If selection by lot within a maturity is required, the Registrar shall designate the Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached. If less than all of a maturity is called for redemption, the Issuer will notify DTC of the particular amount of such maturity to be redeemed prior to maturity. DTC will determine by lot the amount of each Participant's interest in such maturity to be redeemed and each Participant will then select by lot the beneficial ownership inter- ests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. Section 7. Issuance of Bonds in Book -Entry Form; Replacement Bonds. a. Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer deter- mines to permit the exchange of Depository Bonds for Bonds in Authorized Denomi- nations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount). The Bonds must be registered 32 in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bonds registered in the name of Cede & Co. will be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated or in the Representation Letter. b. The Bonds will be initially issued in the form of separate single authenticated fully registered bonds in the amount of each stated maturity of the Bonds. Upon initial issu- ance, the ownership of the Bonds will be registered in the registry books kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Pay- ing Agent and Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or por- tions to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for other purposes. The Paying Agent, Registrar and the Issuer have no responsi- bility or obligation to any Participant or Beneficial Owner of the Bonds under or through DTC with respect to the accuracy of records maintained by DTC or any Participant; with respect to the payment by DTC or Participant of an amount of principal or redemp- tion price of or interest on the Bonds; with respect to any notice given to owners of Bonds under the Resolution; with respect to the Participant(s) selected to receive pay- ment in the event of a partial redemption of the Bonds, or a consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Regis- trar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all payments are valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum paid. DTC must receive an authenticated Bond for each separate stated maturity evi- dencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to the new nominee in accordance with this Section. c. In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Bonds certificates. The Bonds will be transferable in ac- cordance with this Section. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities under applicable law. In this event, the Bonds will be transferable in accordance with this Section. d. Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on the Bond and all notices must be made and given, respectively to DTC as provided in the Representa- tion letter. 33 e. In connection with any notice or other communication to be provided to Bond- holders by the Issuer or the Paying Agent and Registrar with respect to a consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for the consent or other action and give DTC notice of the record date not less than 15 calendar days in advance of the record date to the extent possible. Notice to DTC must be given only when DTC is the sole Bondholder. f. The Representation Letter is on file with DTC and sets forth certain matters with respect to, among other things, notices, consents and approvals by Bondholders and payments on the Bonds. The execution and delivery of the Representation Letter to DTC by the Issuer is ratified and confirmed. g. In the event that a transfer or exchange of the Bonds is permitted under this Section, the transfer or exchange may be accomplished upon receipt by the Registrar from the registered owners of the Bonds to be transferred or exchanged and appropri- ate instruments of transfer. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution apply to, among other things, the printing of certificates and the method or payment of prin- cipal of and interest on the certificates. Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (1) im- mobilization of the Depository Bonds, (ii) registration and transfer of interests in De- pository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. h. The officers of the Issuer are authorized and directed to prepare and furnish to the purchaser, and to the attorneys approving the legality of Bonds, certified copies of proceedings, ordinances, resolutions and records and all certificates and affidavits and other instruments as may be required to evidence the legality and marketability of the Bonds, and all certified copies, certificates, affidavits and other instruments constitute representations of the Issuer as to the correctness of all stated or recited facts. Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; De- livery; and Cancellation. a. Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Wells Fargo Corporate Trust Services is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of own- ership of the Bonds for the payment of principal of and interest on the Bonds as pro- vided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. b. Transfer. The ownership of any Bond may be transferred only upon the Registra- tion Books kept for the registration and transfer of Bonds and only upon surrender 34 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 iden- tification 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 regis- tered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any de- nomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. c. Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. d. Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal repre- sentative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. e. Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the can- celled Bonds to the Issuer. f. Non -Presentment of Bonds. In the event any payment check representing pay- ment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall con- tinue 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 redemp- tion thereof, or otherwise, at which time the Paying Agent, shall surrender any remain- ing funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. 35 g. Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish addi- tional Bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any out- standing Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satis- factory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Upon receipt of the final payment of principal, the holder of the Bond shall surrender the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute the Bonds by their manual or author- ized signature and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or oblig- atory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenti- cated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt writ- ten notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed substantially in the form as [pro- vided]: 36 Section 14. Closing Documents. The Mayor and City Clerk are authorized and directed to execute, attest, seal and deliver for and on behalf of the City any other additional cer- tificates, documents, or other papers and perform all other acts, including without limita- tion the execution of all closing documents, as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 15. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 16. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Is- suer to comply with its obligations under the Continuing Disclosure Certificate. For pur- poses of this section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other interme- diaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 17. Repeal of Conflicting Resolutions or Ordinances. All ordinances and reso- lutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 18. 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 ap- proval. Passed, approved and adopted this 3rd day of April 2017. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13. Request to Initiate PUD Rezoning of Chaplain Schmitt Island: City Manager rec- ommending approval to initiate the application process for a PUD Planned Unit Develop- ment rezoning of Chaplain Schmitt Island consistent with the 2014 Master Plan. Upon motion the documents were received, filed and approved. 14. Contract Assignment from Selser Schaeffer Architects to 563 Design LLC: City Manager recommending assignment of the contract from Selser Schaeffer Architects to 563 Design, LLC which allows the City to continue working with 563 Design LLC to con- clude four project contracts. Upon motion the documents were received, filed and ap- proved. 15. Hodge Companies Assignment of Real Estate Lease and Agreement: City Man- ager recommending approval of the Assignment of Real Estate Lease and Agreement between Hodge Company and Dubuque Bank and Trust Company. Upon motion the doc- uments were received, filed and approved. 37 16. Design and Resiliency Team (DART) Technical Assistance Application: City Man- ager recommending approval for the City of Dubuque to apply for a Design & Resiliency Team technical assistance project and for Sustainable Community Coordinator Cori Bur- bach to serve on a technical assistance team. Upon motion the documents were received, filed and approved. 17. Community Development Block Grant (CDBG) Fiscal Year 2017Amendment 2: City Manager recommending approval of the Fiscal Year 2017 Annual Action Plan Amendment 2 for the Community Development Block Grant (CDBG) program. Upon mo- tion the documents were received and filed and Resolution No. 124-17 Approving Fiscal Year 2017 (Program Year 2016) Annual Action Plan Amendment 2 for Community De- velopment Block Grant (CDBG) funds was adopted. RESOLUTION NO. 124-17 RESOLUTION APPROVING FISCAL YEAR 2017 (PROGRAM YEAR 2016) ANNUAL ACTION PLAN AMENDMENT 2 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS Whereas, the City of Dubuque prepared and filed an Annual Action Plan for Fiscal Years 2017 as amended; and Whereas, the City of Dubuque now desires to amend said Annual Plan by reallocating funds between existing activities; and Whereas, said amendment is a non -substantial amendment as provided in the City's Citizen Participation Plan and therefore must be approved by resolution of the City Coun- cil after recommendation by the Community Development Advisory Commission; and Whereas, the Community Development Advisory Commission reviewed said amend- ment during a public meeting on March 21, 2017 and voted to approve said amendment and recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Annual Action Plan as amended for 2017 are hereby rescinded and the balance of funds from this plan is incorporated into a Fiscal Year 2017 (Program Year 2016) Annual Action Plan — Amendment 2, attached hereto as Exhibit A. Section 2. That said Fiscal Year 2017 (Program Year 2016) Annual Action Plan Amendment 2 attached hereto as Exhibit A is hereby approved. Section 4. That the City Manager is hereby authorized and directed to submit a copy of this resolution and amendment to the U.S. Department of Housing and Urban Devel- opment. Passed, approved and adopted this 3rd day of April 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 18. Jackson Street Right -of -Way Acquisition Plat and Dedication: City Manager rec- ommending approval of the Acquisition Plat of City Lot 386A, in the City of Dubuque, and acceptance of the dedication of said lot for right-of-way purposes related to the SR Jack - 38 son Real Estate, LLC Warehouse Renovation Project at 1065 Jackson Street. Upon mo- tion the documents were received and filed and Resolution No. 125-17 Approving the Acquisition Plat of City Lot 386A in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 125-17 APPROVING THE ACQUISITION PLAT OF CITY LOT 386A, IN THE CITY OF DUBU- QUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa an Acquisition Plat dated March 10, 2017 prepared by Buesing and Associates, Inc. de- scribing City Lot 386A, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears City Lot 386A, which SR Jackson Real Estate LLC, by said plat has dedicated to the public forever. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated March 10, 2017 prepared by Buesing and Associates, Inc., relative to the real estate hereinabove described be and the same is hereby ap- proved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. That the dedication of City Lot 386A, in the City of Dubuque, Iowa for Right of Way purposes, as it appears on said Acquisition Plat, be and the same are hereby accepted. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 3rd day of April, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 19. Marquette Hall Resolution of Support: City Manager recommending approval of a Resolution in support of a Workforce Housing Tax Incentive Program application to be submitted to the Iowa Economic Development Authority (IEDA) by Cohen Esrey for Mar- quette Hall project. Upon motion the documents were received and filed and Resolution No. 126-17 Resolution in Support of a Workforce Housing Tax Incentive Program appli- cation to be submitted to the Iowa Economic Development Authority (IEDA) by Cohen Esrey for Marquette Hall Project was adopted. RESOLUTION NO. 126-17 RESOLUTION IN SUPPORT OF A WORKFORCE HOUSING TAX INCENTIVE PRO- GRAM APPLICATION TO BE SUBMITTED TO THE IOWA ECONOMIC DEVELOP- MENT AUTHORITY (IEDA) BY COHEN ESREY FOR MARQUETTE HALL PROJECT Whereas, the City of Dubuque has strongly supported the redevelopment of the historic building at 2222 Queen Street by Cohen -Esrey Development Group (Marquette Hall LLC) through numerous funding sources including $179,000 in Urban Revitalization Tax Ex- emption (URTE) and $65,000 in cash toward the project; and 39 Whereas Cohen -Esrey Development Group (Marquette Hall LLC) has received a Low - Income Housing Tax Credit (LIHTC) Award of $381,237 from the Iowa Finance Authority on March 30, 2017; and Whereas these funds will be used to develop 28 apartments, 25 of which are affordable units for seniors age 55+. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City of Dubuque supports Cohen -Esrey Development Group's (Marquette Hall LLC) application to the Iowa Economic Development Authority (IEDA), specifically to the Workforce Housing Tax Incentive Program, to secure Workforce Housing Tax Credits. Passed, approved and adopted this 3rd day of April, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 20. Iowa Economic Development Authority Contact - Amendment No. 9: Correspond- ence from the Iowa Economic Development Authority (IEDA) submitting Amendment No. 9 that confirms completion of the contracts for Caradco Building and Linseed Oil / Paint - works Building projects. Upon motion the documents were received and filed. 21. Signed Contracts: Dubuque Jaycees Lease for Veterans' Memorial Park Commu- nity Garden; Dubuque Water Sports Club Lease for a section of Chaplain Schmitt Island. Upon motion the documents were received and filed. 22. Alcohol Compliance Civil Penalty for Alcohol License Holder - BP Station: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for BP Station, 1540 Loras Blvd. Upon motion the documents were received, filed and approved. 23. Tobacco Compliance — Civil Penalty for Tobacco License Holder - BP Station: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for BP Station, 1450 Loras Blvd. Upon motion the docu- ments were received, filed and approved. 24. Alcohol License Applications: City Manager recommending approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 127-17 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 127-17 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ- UOR, BEER AND WINE LICENSES AND PERMITS 40 Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Bunker Hill Golf Course 2200 Bunker Hill Rd. Class C Liquor (Outdoor) (Sunday) Clarke University 1550 Clarke Dr. Class C Liquor (Catering) (Outdoor) (Sunday) Dubuque Arboretum Asso- ciation, Inc. 3800 Arboretum Dr. Class B Native Wine (Sun- day) Fareway Stores #114 2050 J. F. Kennedy Rd. Hartig Drug Co. 2255 J. F. Kennedy Rd. Joliet Building Corp. 781 Locust St. Kwik Stop 16th Street #325 1210 E. 16th St. Lina's Thai Bistro 2055 Holliday Dr. #200 Class E Liquor, Class B Wine, Class C Beer Class E Liquor, Class B Wine, Class C Beer (Sun- day) Class C Liquor (Outdoor) (Sunday) Class E Liquor, Class B Na- tive Wine, Class C Beer (Sunday) Class C Liquor, Class B Wine (Sunday) Lot One, LLC 100 Main St. Class C Liquor (Outdoor) (Sunday) Neighbor's Tap Noonan's Tap 1899 Rockdale Rd. Class C Liquor 1618 Central Ave. Class C Liquor (Sunday) Panchero's Mexican Grill 4840 Asbury Rd. Ron's Five Point Mart Adding A Privilege Smoke Stack 405 Rhomberg Ave. Class B Beer (Outdoor) (S u n day) Class C Beer (Sunday) 62 East 7th St. Adding Outdoor Service Special Event Music and More Promo- tions 5-26 Kick off to Sum- mer Town Clock Plaza Class B Beer (Outdoor) Passed, approved and adopted this 3rd day of April, 2017. Attest: Kevin S. Firnstahl, City Clerk 41 Roy D. Buol, Mayor ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 7-0. 1. Proposed Jule Transit Service Reductions and Changes: City Manager recommend- ing that the City Council set a public hearing for April 17, 2017 to consider approval of selected reductions and changes to the Jule Transit fixed -route service and schedules. Upon motion the documents were received and filed and Resolution No. 128-17 Setting the date for a public hearing on Transit Fixed -Route Service Reductions was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on April 17, 2017 in the Historic Federal Building. RESOLUTION NO. 128-17 SETTING THE DATE FOR A PUBLIC HEARING ON TRANSIT FIXED -ROUTE SER- VICE REDUCTIONS Whereas, the City of Dubuque provides fixed -route and paratransit services for the citizens of Dubuque; and Whereas, the ridership on Saturday routes has been found to be lower than weekdays with opportunity for route combination; and Whereas, the ridership on the Key West and Fremont routes continue to be the lowest of all weekday service routes; and Whereas, the opportunity to combine or eliminate low ridership routes provides cost savings that can be utilized to increase weekday evening service hours; and Whereas, the following changes to fixed -route service are proposed: 1. The Monday through Saturday Key West fixed -route service will be eliminated. 2. The Monday through Saturday Fremont fixed -route service will be eliminated. 3. No Saturday service along Windsor Ave. from Davis Street to Mount Saint Fran- cis. 4. No Saturday Service along Hillcrest Rd between Asbury Rd. and JFK Rd. 5. No Saturday service along JFK between Asbury Rd. and Sunset Park Circle 6. No Saturday service along Jackson St. between 22nd and 32nd Streets. Service is available on Central Ave between 22nd and 32nd Streets. 7. Saturday service along Jackson St. and Central Ave. will be reduced to once per hour. 8. No Saturday service to current Yellow Line stops including Dubuque Industrial Center West and Medical Associates West. If approved, the proposed fixed -route changes will take effect on August 14, 2017 in conjunction with the increased evening service hours. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: A public hearing will be held as part of the City Council Meeting on April 17, 2017. The meeting will begin at 6:00 p.m. and will be held in the City Council Chambers of the Historic Federal Building, 350 W 6th Street, Dubuque, Iowa. The purpose of the 42 hearing is to allow public comment on the Saturday fixed -route service reductions listed above. Section 2: Interested persons may comment on the proposed fare increase either in writing by filing with the City Clerk prior to the time of the public hearing or in person at the public hearing. Any comments submitted will be considered by the City Council and following the public hearing, the City Council will act to adopt or reject the proposed fare increase. Passed, approved and adopted this 3rd day of April, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Bee Branch Creek Restoration Project - Floating Island Project Initiation: City Man- ager recommending approval of the proposed plans, specifications, form of contract and construction estimate for the Lower Bee Branch Creek Floating Island Project in the 16th Street Detention Basin. It is further recommended that a public hearing be set for April 17, 2017. Upon motion the documents were received and filed and Resolution No. 129- 17 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on April 17, 2017 in the Historic Federal Building. RESOLUTION NO. 129-17 LOWER BEE BRANCH CREEK FLOATING ISLAND PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Lower Bee Branch Creek Floating Island Project in the estimated amount of $182,900.00 are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 17th day of April, 2017, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Lower Bee Branch Creek Floating Island Project is hereby ordered to be adver- tised for bids for construction. 43 The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in the Master Builders of Iowa Plan Room, The Construction Update Network and posted on the City of Dubuque website at www.cityofdubuque.org/bids and which notice shall be published not less than thirteen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 20th day of April, 2017. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:00 p.m. on the 1st day of May, 2016, in the Historic Federal Building Council Chambers (sec- ond floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 3rd day of April, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. State Revolving Fund (SRF) Loan Environmental Review for Westside Water Sys- tem Improvements Project: City Manager recommending that the City Council schedule a public hearing for April 17, 2017, to discuss the results of the environmental review as provided by the State Revolving Fund's Department of Natural Resources for the Westside Water System Improvements Project. Upon motion the documents were re- ceived and filed and Resolution No. 130-17 Approval of an Environmental Review as provided by SRF's Department of Natural Resources for the Westside Water System Im- provements Project and ordering the advertisement for public notice was adopted setting a public hearing fora meeting to commence at 6:00 p.m. on April, 17, 2017 in the Historic Federal Building. RESOLUTION NO. 130-17 STATE REVOLVING FUND (SRF) LOAN - ENVIRONMENTAL REVIEW WESTSIDE WATER SYSTEM IMPROVEMENTS (ENGLISH MILL PUMP STATION AND WATER MAIN EXTENSION) PRELIMINARY APPROVAL OF AN ENVIRONMENTAL REVIEW AS PROVIDED BY SRF'S DEPARTMENT OF NATURAL RESOURCES FOR THE WESTSIDE WATER SYSTEM IMPROVEMENTS PROJECT AND ORDERING THE ADVERTISEMENT FOR PUBLIC NOTICE Whereas, In December 2016, the City of Dubuque purchased the Vernon Water Tower, Vernon water system and the Barrington Lakes water system from Central Iowa Water Association (CIWA); and Whereas, intent of the City's purchase was to assist these communities in becoming compliant with Iowa Department of Natural Resources (IDNR) standards and provide the necessary back-up water supply and fire suppression by connecting them directly to the City's water supply; and Whereas, the IDNR has granted the City of Dubuque a one -year time extension to provide a back-up or secondary water supply no later than December 31, 2017 as re- quired by the IDNR water permit initially granted to CIWA; and 44 Whereas, the City of Dubuque hired IIW, P.C. consulting engineers to prepare loan documents to secure funding for the project, and as part of the loan process, the City is required to complete an environmental review through public hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The environmental review as provided by SRF's Department of Natural Re- sources for the Westside Water System Improvements project, is hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 17th day of April, 2017, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubu- que, Iowa at which time interested persons may appear and be heard for or against the proposed environmental review of said Project, and the City Clerk be and is hereby di- rected to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the en- vironmental review of the Project. Section 3. The environmental review as provided by SRF's Department of Natural Re- sources for the Westside Water System Improvements project is hereby ordered to be advertised for public hearing. Passed, adopted and approved this 3rd day of April, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Applicant appointments will be made at the next City Council meeting. 1. Civil Service Commission: One, 3 -year term through April 6, 2020 (Expiring term of White). Applicant: Daniel White, 2919 Elm St. 2. Community Development Advisory Commission: One, 3 -year term through February 15, 2020 (Expired At -Large Term of James). Applicant: Lindsay James, 2494 Pearl St. 3. Mediacom Charitable Foundation: One, 1 -year term through December 31, 2017 (Expired Term of Twining). Applicant: Constance Twining, 421 N. Booth St. Ms. Twining spoke in support of her appointment and provided a brief biography. Appointment was made to the following Commission. 4. Human Rights Commission: One, 3 -year term through January 1, 2020 (Vacant term of Lenhart). Applicant: Jessica Perry (Indigo Channing), 160 N. Algona St. Motion by Connors to appoint Ms. Perry to a 3 -year term through January 1, 2020. Seconded by Lynch. Motion carried 7-0. 45 PUBLIC HEARINGS 1. Request to Release and Dispose of Easement - Tri-State Shred / Old Bellevue Road: Proof of publication on notice of public hearing to consider approval of the request from Bruce Radtke, President of Tri-State Shred, 2270 Twin Valley Road, to vacate a portion of the Old Bellevue Road public right-of-way easement across Lots 1 and 2 of Gudenkauf Place and Lots 1 and 2 of Twin Valley Place and the City Manager recommending ap- proval. Motion by Connors to receive and file the documents and adopt Resolution No. 131-17 Disposing of City interest in the Old Bellevue Road Public Right of Way Easement over and across Lot 1 and Lot 2 of Gudenkauf Place and Lot 1 and Lot 2 of Twin Valley Place in the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 131-17 RESOLUTION DISPOSING OF CITY INTEREST IN THE OLD BELLEVUE ROAD PUB- LIC RIGHT OF WAY EASEMENT OVER AND ACROSS LOT 1 AND LOT 2 OF GUDENKAUF PLACE AND LOT 1 AND LOT 2 OF TWIN VALLEY PLACE IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 24th day of March, 2017, the City Council of the City of Dubuque, Iowa met on the 3rd day of April, 2017, at 6:00 p.m. in the Historic Federal Building, 350 West 6111 Street, Dubuque, Iowa to consider the disposal of City interest in the Old Bellevue Road Public Right of Way Easement over and across real estate as shown on the attached exhibit labelled "Exhibit A Release of Public Right of Way Ease- ment" and described as: Lot 1 and Lot 2 of Gudenkauf Place and Lot 1 and Lot 2 of Twin Valley Place in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to dispose of City interest in said easement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the release of City of Dubuque interest in the Old Bellevue Road Public Right of Way Easement across said Lot 1 and Lot 2 of Gudenkauf Place and Lot 1 and Lot 2 of Twin Valley Place in the City of Dubuque, Iowa to Lloyd S. and Lois A. Gudenkauf, Legion -Aires Drum and Bugle Corps, and Mike Stecher Real Estate. Section 2. That the Mayor be authorized and directed to execute a Release of Ease- ment, and the City Clerk be and is hereby authorized and directed to deliver said Release to Lloyd S. and Lois A. Gudenkauf, Legion -Aires Drum and Bugle Corps, and Mike Stecher Real Estate. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution and Release of Easement in the offices of the City Asses- sor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 3rd day of April, 2017. Attest: Kevin S. Firnstahl, City Clerk 46 Roy D. Buol, Mayor PUBLIC INPUT Paul Uzel, 61 N. Algona St., addressed the City Council about designating Dubuque as a welcoming community. Myra Jo Kalb, 12471 Eton Cr.; Susan Conlon -Kalb, 12470 Eton Cr.; Ron Breitbach, 13223 Derby Grange Rd.; Kristin Clark, 12210 Forest Meadow Dr.; Phil Kalvelage, 16785 Clay Hill Rd.; Joe Mettille, 16559 Clay Hill Rd.; Mariann Groom, 16693 Clay Hill Rd.; addressed the City Council either in opposition to or expressed concerns about the re- zoning request and proposed subdivision. Loren Steger, 16013 Paradise Ln.; Dave Rini- ker, 12568 Kennedy Rd. and Robert Sabers, Attorney for Derby Grange, LLC, spoke in favor of the proposed subdivision. John Tallent, Chief Executive Officer for Medical Associates; and Kay Takes, President of Mercy Medical Center, addressed the City Council regarding their concerns with Action Item #7 Medical Plan Third -Party Administration Services and Stop Loss Coverage agree- ment with Wellmark of Iowa. ACTION ITEMS 1. Request to Rezone - Derby Grange, LLC / 12568 John F. Kennedy Road (Second Reading): Zoning Advisory Commission recommending approval of a request from Derby Grange, LLC, to rezone 50.4 acres at the Northwest Corner of Kennedy Road and Derby Grange Road (12568 Kennedy Road) from County AG Agricultural to City R-2 Two -Family Residential concurrent with annexation to the City of Dubuque. Restated motion by Jones to amend the ordinance. Seconded by Connors. Motion carried 7-0. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 6-1 with Del Toro voting nay. Motion by Jones for final consideration and passage of Ordinance No. 12-17 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by re- classifying hereinafter described property, in conjunction with annexation, located at 12481 Kennedy Road from County Agricultural District to City R-1 Single -Family Resi- dential and R-2 Two -Family Residential Districts. Seconded by Connors. (Super majority requirement). Motion carried 6-1 with Del Toro voting nay. OFFICIAL PUBLICATION ORDINANCE NO. 12-17 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF OR- DINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY, IN CONJUNCTION WITH ANNEXATION, LOCATED AT 12481 KENNEDY ROAD FROM COUNTY AGRICULTURAL DISTRICT TO CITY R-1 SINGLE-FAMILY RESIDENTIAL AND R-2 TWO-FAMILY RESIDENTIAL DISTRICTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 47 Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified Devel- opment Code, is hereby amended by reclassifying the hereinafter described property, in conjunction with annexation, from County Agricultural District to City R-1 Single -Family Residential and R-2 Two -Family Residential Districts, to wit: As shown on Exhibit A and to the centerline of the adjoining public right-of-way all in the County of Dubuque. Section 2. That the foregoing amendment has heretofore been reviewed by the Zon- ing Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 3rd day of April, 2017. /s/Roy D. Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Exhibit A was on file in the Office of the City Clerk, 50 W. 131h Street, Dubuque. Published officially in the Telegraph Herald newspaper on the 7th day of April, 2017. /s/Kevin S. Firnstahl, City Clerk 2. Request to Rezone - Jim Kress / Derby Grange Road (Second Reading): Zoning Advisory Commission recommending approval of a request from Jim Kress to rezone 2.99 acres located along Derby Grange Road from County AG Agricultural to City R-1 Single -Family Residential concurrent with annexation to the City of Dubuque. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 13-17 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property, in conjunction with annexation, located along Derby Grange Road from County Agricultural District to City R-1 Single -Family Residen- tial District. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 13-17 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF OR- DINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY, IN CONJUNCTION WITH ANNEXATION, LOCATED ALONG DERBY GRANGE ROAD FROM COUNTY AGRICULTURAL DISTRICT TO CITY R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified Devel- opment Code, is hereby amended by reclassifying the hereinafter described property, in conjunction with annexation, from County Agricultural District to City R-1 Single -Family Residential District, to wit: The east 153.00 feet of the south 850.00 feet of Lot 2 Tscharner Place No. 4 and to the centerline of the adjoining public right-of-way, all in the County of Dubuque, Iowa. 48 Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 3rd day of April, 2017. /s/Roy D. Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of April, 2017. /s/Kevin S. Firnstahl, City Clerk 3. Rustic Point Area Voluntary Annexation: (Tabled from March 20, 2017 meeting): City Manager recommending approval of the Rustic Point Area annexation of approxi- mately 56 acres owned by four property owners: Marlene L. Brimeyer (1.42 acres), Derby Grange LLC (50.4 acres), James F. and Janet M. Kress (2.99 acres), and the City of Dubuque (1.35 acres). Motion by Jones to remove from the table. Seconded by Lynch. Motion carried 7-0. Motion by Jones to Receive and filed the documents and adopt Resolution No. 132-17 Approving an application for voluntary annexation of territory to the City of Dubuque, Iowa. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 132-17 RESOLUTION APPROVING AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City Council of Dubuque has received written applications from property owners for the voluntary annexation of 56 acres of property which includes 5.87 acres of County right-of-way located on the northwest corner of the intersection of John F. Ken- nedy and Derby Grange Roads with connection to the city of Dubuque by John F. Ken- nedy Road right-of-way; and Whereas, Marlene L. Brimeyer, as property owner has submitted a written application for voluntary annexation of approximately 1.42 acres of territory lying outside the corpo- rate limits of the City of Dubuque, Iowa as shown on Exhibit A and legally described as: A part of Lot 1 of the Subdivision of Lot 1 of the Southeast 1/4 of the Southwest 1/4 of Section 9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa more particularly described as follows: Beginning at the Northeast corner of Lot 1 of the Subdivision of Lot 1 of the Southeast 1/4 of the Southwest 1/4 of Section 9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa; Thence South 11 Degrees 58 Minutes 32 Seconds East along the East line of said Lot 1 a distance of 500.82 feet; Thence Southeasterly along a circular curve concave to the East, having a radius of 955.37 feet, a chord of 387.07 feet which bears South 23 Degrees 33 Minutes 34 Seconds East, an arc length of 389.77 feet to the Southeast corner of said Lot 1; Thence South 89 Degrees 02 Minutes 00 Seconds West along said South line a distance of 39.63 feet to a point on the Westerly right of way line of Kennedy Road; 49 Thence Northwesterly along said Westerly right of way line being a circular curve concave to the East, having a radius of 988.37 feet, a chord of 378.50 feet which bears North 22 Degrees 54 Minutes 51 Seconds West, an arc length of 380.85 feet; Thence North 11 Degrees 58 Minutes 32 Seconds West along said Westerly right of way line a distance of 506.68 feet to a point on the North line of said Lot 1; Thence North 88 Degrees 05 Minutes 36 Seconds East along said North line a distance of 33.52 feet to the point of beginning, containing 29,337 square feet, more or less, and is subject to easements, reservations, restrictions and rights of way of record and not of record, and; A part of Lot 1 of Lot 1 of Mineral Lot 549 in Section 16, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa more particularly described as follows: Beginning at the Northeasterly corner of Lot 1 of Lot 1 of Mineral Lot 459 in Section 16, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa; Thence Southeasterly along the Easterly line of said Lot 1 of Lot 1, being a circular curve concave to the East, having a radius of 955.37 feet, a chord of 145.47 feet which bears South 39 Degrees 36 Minutes 48 Seconds East, an arc length of 145.61 feet; Thence South 36 Degrees 58 Minutes 03 Seconds West along said Easterly line a distance of 33.40 feet to a point on the Westerly right of way line of Kennedy Road; Thence Northwesterly along said Westerly right of way line, being a circular curve concave to the East, having a radius of 988.37 feet, a chord of 177.98 feet which bears North 39 Degrees 07 Minutes 07 Seconds West, an arc length of 178.22 feet to a point on the North line of said Lot 1 of Lot 1; Thence North 89 Degrees 02 Minutes 00 Seconds East along said North line a distance of 39.63 feet to the point of beginning, containing 5,344 square feet, more or less, and is subject to easements, reservations, restrictions and rights of way of record and not of record. A part of Lot 2 the Subdivision of Lot 1 of the Southeast 1/4 of the Southwest 1/4 of Section 9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa more particularly described as follows: Commencing as a point of reference at the Northwest corner of Lot 2 of the Subdivision of Lot 1 of the Southeast 1/4 of the Southwest 1/4 of Section 9, Town- ship 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubu- que, Iowa; Thence North 88 Degrees 39 Minutes 26 Seconds East along the North line of said Lot 2 a distance of 731.49 feet to the point of beginning; Thence continuing North 88 Degrees 39 Minutes 26 Seconds East along the North line of said Lot 2 a distance of 137.55 feet to the Northeast corner of said Lot 2; Thence Southeasterly along the East line of said Lot 2, being a circular curve concave to the East, having a radius of 955.37 feet, a chord of 191.31 feet which 50 bears South 06 Degrees 13 Minutes 07 Seconds East, an arc length of 191.63 feet; Thence South 11 Degrees 58 Minutes 32 Seconds East along said East line a distance of 258.07 feet to the Southeast corner of said Lot 2; Thence South 88 Degrees 05 Minutes 36 Seconds West along the South line of said Lot 2 a distance of 33.52 feet to a point on the West right of way line of Kennedy Road; Thence North 11 Degrees 58 Minutes 32 Seconds West along said west right of way line a distance of 279.21 feet; Thence Northwesterly along said West right of way line, being a circular curve concave to the East having a radius of 988.37 feet, a chord of 34.46 feet which bears North 10 Degrees 57 Minutes 57 Seconds West, an arc length of 34.46 feet; Thence North 47 Degrees 24 Minutes 27 Seconds West along said West right of way line a distance of 159.58 feet to a point on the South right of way line of Derby Grange Road; Thence North 02 Degrees 06 Minutes 27 Seconds West a distance of 52.00 feet to the point of beginning, containing 27,435 square feet, more or less, and is subject to easements, reservations, restrictions and rights of way of record and not of record; and Whereas, Derby Grange LLC, as property owner has submitted a written application for voluntary annexation of approximately 50.4 acres of territory lying outside the corpo- rate limits of the City of Dubuque, Iowa as shown on Exhibit A and legally described as: Lot 1 of Tscharner Place No. 4, Dubuque County, Iowa; and Whereas, James F. & Janet M. Kress, as property owner has submitted a written ap- plication for voluntary annexation of approximately 2.99 acres of territory lying outside the corporate limits of the City of Dubuque, Iowa as shown on Exhibit A and legally described as: The East 153.00 feet of the South 850.00 feet of Lot 2 of Tscharner Place No. 4, Dubuque County, Iowa; and Whereas, the City of Dubuque, as property owner has submitted a written application for voluntary annexation of approximately 1.35 acres of territory lying outside the corpo- rate limits of the City of Dubuque, Iowa as shown on Exhibit A and legally described as: Lots A, B, C, and D of Goldthorp Place, in the County of Dubuque, Iowa; and Lot 2A of Lot 1-1-1-1-1-1-3 of Helen E. and Mary H. Stewart Subdivision, Sec- tion 16, Township 89 North, Range 2 East of the Fifth Principal Meridian, in the County of Dubuque, Iowa; and Lot 1A of Lot 2 of Lot 3 of Helen E. and Mary H. Stewart Subdivision, Section 16, Township 89 North, Range 2 East of the Fifth Principal Meridian, in the County of Dubuque, Iowa; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any State or railroad property; and Whereas, the annexation territory does include Dubuque County right-of-way; and Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a resolution and required notification; and 51 Whereas, the annexation territory is consistent with the City's Comprehensive Plan; and Whereas, the future growth and development of the City of Dubuque, Iowa makes it desirable that the annexation territory be made part of the City of Dubuque, Iowa; and Whereas, the City of Dubuque has the capacity to provide substantial municipal ser- vices to the annexation territory; and Whereas, the annexation is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the applications for the voluntary annexation of property owned by Marlene L. Brimeyer (1.42 acres), Derby Grange LLC (50.4 acres), James F. & Janet M. Kress (2.99 acres), and the City of Dubuque (1.35 acres) and 5.87 acres of County right- of-way which includes John F. Kennedy Road and to the abutting centerline of Derby Grange Road are hereby approved for annexation to the City of Dubuque. Section 2. That, subject to the approval of the City Development Board, the corporate limits of the City of Dubuque be and they hereby are extended to include the approxi- mately 56 acres of annexation territory as shown on Exhibit A Site Location Map and Exhibit B Legal Descriptions. Section 3. That the City Council does hereby certify that the City of Dubuque has com- plied with the notice and hearing requirements of the Iowa Code pertaining to 100% vol- untary annexation of territory within the urbanized area of another city. Section 4. That if the City Development Board approves this annexation, the territory hereby annexed shall become a part of Ward One of the City of Dubuque. Section 5. That the City Clerk shall file this resolution, all exhibits and the applications for voluntary annexation with the City Development Board of the State of Iowa in accord- ance with the provisions of Chapter 368 of the Iowa Code. Passed, approved and adopted this 3rd day of April, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Derby Grange Road Housing Urban Renewal Plan: (Tabled from March 20, 2017 meeting): City Manager recommending approval of a Resolution adopting the Urban Re- newal Plan for the Derby Grange Road Housing Urban Renewal Area. Motion by Connors to remove from the table. Seconded by Lynch. Motion carried 7-0. Motion by Connors to receive and file the documents and adopt Resolution No. 133- 17 Approving the Urban Renewal Plan for the Derby Grange Road Housing Urban Re- newal Area. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 133-17 APPROVING THE URBAN RENEWAL PLAN FOR THE DERBY GRANGE ROAD HOUSING URBAN RENEWAL AREA Whereas, by Resolution 69-17 approved on February 20, 2017, the City Council of the City of Dubuque, Iowa authorized the preparation of an Urban Renewal Plan (the "Plan") for the Derby Grange Road Housing Urban Renewal Area (the "Area"); and 52 Whereas, the City of Dubuque's primary objective for the Plan is to provide opportuni- ties which will further economic development purposes and objectives as described in the Plan in the Area; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recom- mended changes to the Plan received; and Whereas, the Iowa statutes require the City Council to submit the proposed Plan to the City's Long Range Planning Commission for review and recommendation as to its con- formity with the general plan for development of the City as a whole, prior to City Council approval thereof; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area is hereby approved; that a feasible method exists for the location of any families who will be displaced from the District into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; and that the Plan conforms to the general plan of the City as a whole. Section 2. That the Derby Grange Road Housing Urban Renewal Area is an economic development area within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403 of the Code of Iowa; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 3. That, notwithstanding any resolution, ordinance, plan, amendment or any other document, the original Plan shall be in full force and effect from the date of this Resolution until the Council amends or repeals the Plan. Section 4. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of this Resolution and the Plan in the office of the Dubuque County Auditor. Passed, approved and adopted this 3rd day of April, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Derby Grange Road Housing Urban Renewal Plan — Ordinance (Tabled from the march 20, 2017 meeting): City Manager recommending review and approval of an ordi- nance creating a tax increment financing district for Derby Grange Road Housing Urban Renewal Area. Motion by Jones to remove from the table. Seconded by Resnick. Motion carried 7-0. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 14-17 Providing that general property taxes levied and collected each year on all property located within 53 the Derby Grange Road Housing Urban Renewal Area, in the City of Dubuque, County Of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District and other Taxing Districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in con- nection with said Derby Grange Road Housing Urban Renewal Area. Seconded by Res- nick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 14-17 AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE DERBY GRANGE ROAD HOUSING URBAN RENEWAL AREA, IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COM- MUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPE- CIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE IS- SUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID DERBY GRANGE ROAD HOUSING URBAN RENEWAL AREA Whereas, the City Council of the City of Dubuque, Iowa after public notice and hearing as prescribed by law and pursuant to Resolution No. 133-17 passed and approved on the 3rd day of April, 2017, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for an urban renewal area known as the Derby Grange Road Housing Urban Renewal Area (the "Urban Renewal Area"); and Whereas, expenditures and indebtedness are anticipated to be incurred by the City of Dubuque, Iowa in the future to finance urban renewal project activities carried out in fur- therance of the objectives of the Urban Renewal Plan and the future needs for redevel- opment within the Urban Renewal Area are such as to require the application of the in- cremental tax resources of the Urban Renewal Area; and Whereas, the City Council of the City of Dubuque, Iowa desires to provide for the divi- sion of revenue from taxation in the Urban Renewal Area, as above described, in accord- ance with the provisions of Section 403.19 of the Code of Iowa, as amended, and the Urban Renewal Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. For purposes of this Ordinance, the following terms have the following meanings: (a) Urban Renewal Project Area shall include that area described as follows: All that part of the right of way of John F. Kennedy Road lying between the Northwest- erly right of way line of Northwest Arterial (Iowa State Highway #32) and the Northeasterly extension of the Northerly line of Lot 2 of Barton Randle Addition, City of Dubuque, Iowa; and All that part of the Easterly half of the right of way of John F. Kennedy Road lying between the Northeasterly extension of the Northerly line of Lot 2 of Barton Randle Addi- tion, City of Dubuque, Iowa and the Easterly extension of the Southerly line of Lot 2 of 54 Lot 1 of the Subdivision of the Southeast Quarter of the Southwest Quarter of Section 9, T89N, R2E of the 511' P.M., Dubuque County, Iowa; and A part of Lot 2 the Subdivision of Lot 1 of the Southeast 1/4 of the Southwest 1/4 of Section 9, Township 89 North, Range 2 East of the 511' Principal Meridian, in the County of Dubuque, Iowa more particularly described as follows: Commencing as a point of reference at the Northwest corner of Lot 2 of the Subdivision of Lot 1 of the Southeast 1/4 of the Southwest 1/4 of Section 9, Township 89 North, Range 2 East of the 511' Principal Meridian, in the County of Dubuque, Iowa; Thence North 88 Degrees 39 Minutes 26 Seconds East along the North line of said Lot 2 a distance of 731.49 feet to the point of beginning; Thence continuing North 88 Degrees 39 Minutes 26 Seconds East along the North line of said Lot 2 a distance of 137.55 feet to the Northeast corner of said Lot 2; Thence Southeasterly along the East line of said Lot 2, being a circular curve concave to the East, having a radius of 955.37 feet, a chord of 191.31 feet which bears South 06 Degrees 13 Minutes 07 Seconds East, an arc length of 191.63 feet; Thence South 11 Degrees 58 Minutes 32 Seconds East along said East line a distance of 258.07 feet to the Southeast corner of said Lot 2; Thence South 88 Degrees 05 Minutes 36 Seconds West along the South line of said Lot 2 a distance of 33.52 feet to a point on the West right of way line of Kennedy Road; Thence North 11 Degrees 58 Minutes 32 Seconds West along said west right of way line a distance of 279.21 feet; Thence North- westerly along said West right of way line, being a circular curve concave to the East having a radius of 988.37 feet, a chord of 34.46 feet which bears North 10 Degrees 57 Minutes 57 Seconds West, an arc length of 34.46 feet; Thence North 47 Degrees 24 Minutes 27 Seconds West along said West right of way line a distance of 159.58 feet to a point on the South right of way line of Derby Grange Road; Thence North 02 Degrees 06 Minutes 27 Seconds West a distance of 52.00 feet to the point of beginning; and All that part of Lot 2 of the Northeast 1/4 of the Southwest 1/4 of Section 9, T89N, R2E of the 5th P.M., Dubuque County, Iowa, lying within the existing right of way of North Cas- cade Road; and All of Lot 1 of Tscharner Place No. 4, Section 9, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa; and All that part of Lot 2 of Tscharner Place No. 3, Dubuque County, Iowa, lying South of the North line of the Southwest Quarter of Section 9, T89N, R2E of the 5th P.M. and East of the Westerly right of way line of John F. Kennedy Road; and All of Lot 1-A of The Barony, Dubuque County, Iowa; and All that part of the Northwesterly half of the right of way of John F. Kennedy Road lying Westerly of the West line of Lot 1 of Hope Evangelical Free Church 1st Addition, Dubuque County, Iowa, and lying Easterly of the Southerly extension of the West line of Lot 1-A of The Barony, Dubuque County, Iowa; and The West 19.85 acres of the North Half of the Southeast Quarter of the Northeast Quarter of Section 9, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa (also known as the North Half of the Southeast Quarter of the Northeast Quarter of Section 9, Township 89 North, Range 2 East of the 5th P.M., except 10 feet on the East side of said 20 acres of land reserved for a private roadway, in Dubuque County, Iowa). (b) Urban Renewal Plan shall mean the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area, approved by Resolution No. 133- 17 on 3rd day of April, 2017, as the same may be amended from time to time. 55 Section 2. That the taxes levied on the taxable property in the Urban Renewal Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Urban Renewal Area, as shown on the assessment roll as of January 1, 2016, being January 1 of the calendar year preceding the first calendar year in which the City of Dubuque is expected to certify to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the division of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. The taxes so determined shall be referred to herein as the "base period taxes" for such Urban Renewal Area. Section 4. That portion of the taxes each year in excess of the base period taxes de- termined for the Urban Renewal Area as provided in Section 3 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Dubuque, Iowa hereby established, to pay the principal of and interest on loans, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Area pursuant to the Urban Renewal Plan, except that (i) taxes for the regular and voter-approved physical plant and equipment levy of a school district imposed pursuant to Iowa Code Section 298.2 and taxes for the instructional support program of a school district imposed pursu- ant to Iowa Code Section 257.19 (but in each case only to the extent required under Iowa Code Section 403.19(2)); (ii) taxes for the payment of bonds and interest of each taxing district; (iii) taxes imposed under Iowa Code Section 346.27(22) related to joint county- city buildings; and (iv) any other exceptions described in Section 403.19 shall be collected against all taxable property within the Urban Renewal Project Area without any limitation as hereinabove provided. Section 5. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Project Area exceeds the total assessed value of the taxable property in the Urban Renewal Area as shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 6. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Dubuque, Iowa referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to fully implement the division of taxes from taxable property in the 56 Urban Renewal Area under the provisions of Section 403.19 of the Code of Iowa. In the event that any provision of this Ordinance shall be determined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with refer- ence to the Urban Renewal Area and the territory contained therein. Section 8. This Ordinance shall be in effect after its final passage, approval and publi- cation as provided by law. Passed and approved this 3rd day of April, 2017. /s/Roy D. Buol, Mayor Attest:/s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of April, 2017. /s/Kevin S. Firnstahl, City Clerk Read first time: March 20, 2017 Read second time: April 3, 2017 Passed and approved: April 3, 2017 Published: April 7, 2017 Corrected Ordinance 14-17-A Published April 21, 2017 6. Grade Level Reading Update: City Manager providing a report from the Leisure Ser- vices Department on the initiatives and actions related to the Campaign for Grade Level Reading as well as efforts of the past year and future actions. Recreation Division Man- ager Dan Kroger provided a slide presentation. Highlights included community solutions action plan 2012; The 3 P's of people, planning and partners; weaving services together; AmeriCorps Partners in Learning; programs provided by the Recreation Division, Dubu- que Community School District; St. Mark Youth Enrichment; and results of each partner's efforts. Motion by Lynch to receive and file the information. Seconded by Resnick. Motion carried 7-0. 7. Medical Plan Third -Party Administration Services and Stop Loss Coverage: City Manager recommending approval of the selection of Wellmark of Iowa as the third -party administrator for the City's medical plan. Motion by Connors receive and filed the docu- ments and approve the recommendation. Seconded by Resnick. City Manager Van Milli - gen responded to questions from the City Council regarding the RFP process, favoring local business, and cost savings. Motion carried 7-0. 8. Award Contract -Five Flags Theater Masonry Project: City Manager recommending award of the contract for the Five Flags Theater Masonry Project to the low bidder, Hydro - Tech. Motion by Lynch to receive and file the documents and adopt Resolution No. 134- 17 Awarding the Public Improvement Contract for the Five Flags Theater Masonry Reha- bilitation Project. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 134-17 AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE FIVE FLAGS THE- ATER MASONRY REHABILITATION PROJECT Whereas, sealed proposals have been submitted by contractors for the Five Flags Theater Masonry Rehabilitation Project (the Project) pursuant to Resolution No. 67-17, 57 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 24th day of February, 2017; and Whereas, said sealed proposals were opened and read on the 23rd day of March, 2017, and it has been determined that the bid of Hydro Tech, Inc. from Lehi, UT in the amount of $279,100 is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Hydro Tech, Inc. of Lehi, Utah, and the City Manager is hereby directed to execute a Public Improve- ment Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 3rd day of April, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9. Award Contract -Ham House Masonry Rehabilitation Project: City Manager recom- mending award of the Ham House Masonry Rehabilitation Project contract to the low bidder, Evans -Mason, Inc. Motion by Connors to receive and file the documents and adopt Resolution No. 135-17 Awarding the Public Improvement Contract for the Ham House Masonry Rehabilitation Project. Seconded by Rios. Motion carried 7-0. RESOLUTION NO. 135-17 AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE HAM HOUSE MA- SONRY REHABILITATION PROJECT Whereas, sealed proposals have been submitted by contractors for the Ham House Masonry Rehabilitation Project (the Project) pursuant to Resolution No. 68-17, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 241h day of February, 2017; and Whereas, said sealed proposals were opened and read on the 23rd day of March, 2017, and it has been determined that the bid of Evans -Mason, Inc. of Springfield, Illinois in the amount of $82,280 is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Evans -Ma- son, Inc. of Springfield, Illinois, and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 3rd day of April, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10. Award SRF Green Alley Project Bid Set 4 Year 3: City Manager recommending award of the construction contract for the Award SRF Green Alley Project Bid Set 4 Year 3 to the low bidder, Portzen Construction, Inc. Motion by Lynch to receive and file the documents and adopt Resolution No. 136-17 Awarding Public Improvement Contract for the SRF Green Alley Bid Set 4 - Year 3 Project. Seconded by Connors. Motion carried 7- 0. 58 RESOLUTION NO. 136-17 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SRF GREEN ALLEY BID SET 4 — YEAR 3 PROJECT Whereas, sealed proposals have been submitted by contractors for the SRF Green Alley Bid Set 4 — Year 3 Project (the Project) pursuant to Resolution No. 61-17 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 24th day of February, 2017; and Whereas, said sealed proposals were opened and read on the 23rd day of March, 2017, and it has been determined that Portzen Construction, Inc. of Dubuque, Iowa with a bid in the amount of $495,809.75, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Portzen Con- struction, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 3rd day of April, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk COUNCIL MEMBER REPORTS Council Member Del Toro reported on April being Autism Awareness Month. Council Member Resnick reported on his attendance at the recent Taste of the World event spon- sored by the Multicultural Family Center. Mayor Buol reported on his and staff attendance at the recent Dubuque Chamber of Commerce visit to Washington, DC to discuss issues effecting Dubuque. CLOSED SESSION Motion by Jones to convene in closed session at 8:19 p.m. to discuss pending litigation and real estate transfer negotiations pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Seconded by Connors. Mayor Buol stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Crenna Brumwell. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 8:27 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:28 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 59