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Disposal of City Property at 460 E. 18th Street_Hearing_Metx, LLC Copyrighted June 4, 2018 City of Dubuque Public Hearings # 2. ITEM TITLE: Disposal of City Property at 460 E. 18th Street SUMMARY: Proof of publication on notice of public hearing to consider approval of the disposal of property described as Lot 1 of Marde Place in the City of Dubuque, lowa, by conveyance to Mefic, LLC related to development of 1690 Elm Street, and the City Manager recommending approval. RESOLUTION Disposing of an interest in City of Dubuque real estate located at 460 East 18th Street and legally described as Lot 1 of Marde Place in the City of Dubuque, lowa, to Metx, LLC SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Disposal of City Property to Metx-NNM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Special Warranty Deed Supporting Documentation Area Map Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Disposal of City Property at 460 E. 18�h Street and described as Lot 1 of Marde Place in the City of Dubuque (Metx, LLC Renovation Project) DATE: May 22, 2018 City Engineer Gus Psihoyos recommends the City Council convey City property at 460 E. 18�h Street to Metx, LLC as part of the Metx, LLC Renovation Project. Metx, LLC is planning to renovate and redevelop the former Lamar office building at 1690 Elm Street. In October of 2017, the City and Metx, LLC entered into a Development Agreement with multiple considerations relating to the redevelopment of the Metx, LLC property at 1690 Elm Street, including the conveyance of the City owned property at 460 East 18th Street to Metx, LLC for construction of a proposed parking lot. This property was purchased by the City in 2014 for a bike trail and was formerly occupied by a quansit hut building. City plans for the location of the bike trail have changed. Per the agreement, the City will retain an easement through the property that allows for the installation of a bike trail should the City choose to do so in the future. I concur with the recommendation and respectfully request Mayor and City Council approval. �� �� ��� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer THE CITY �F � ��� ..".......�'"""�'�.- ..,." �!1-(t�q Cit� � i,,.� � � ��:..> .,.•:,.A. � �.. ��� �� Masterpiece on the Mississippi �°'�2°1Z 2(113•2U17 TO: Michael C. Van Milligen, City Manager '� ' � FROM: Gus Psihoyos, City Engineer ��' �' SUBJECT: Disposal of City Property at 460 E. 18th Street and described as Lot 1 of Marde Place in the City of Dubuque (Metx, LLC Renovation Project) DATE: May 21, 2018 INTRODUCTION This is in response to a request from Metx, LLC for the conveyance of City property at 460 E. 18t" Street to Metx, LLC as part of the Metx, LLC Renovation Project. BACKGROUND Metx, LLC is planning to renovate and redevelop the former Lamar office building at 1690 Elm Street. In October of last year, the City and Metx, LLC entered into a development agreement with multiple considerations relating to the redevelopment of the Metx, LLC property at 1690 Elm Street, including the conveyance of the City owned property at 460 East 18th Street to Metx, LLC for construction of a proposed parking lot. This property was purchased by the City in 2014 for a bike trail and was formerly occupied by a quansit hut building. Per the agreement, the City will retaif, an �aser�nent through the property that allows for the installation of a bike trail should the City choose to do so in the future. DISCUSSION In October of 2017, the City and Metx, LLC (METX) entered into a development agreement with multiple considerations relating to the redevelopment of the METX property at 1690 Elm Street, including the disposal of the property at 460 E. 18th street so that the developer can construct a proposed parking lot to serve the former Lamar office building. RECOMMENDATION I recommend that the property described as Lot 1 of Marde Place in the City of Dubuque, lowa be conveyed to Metx, LLC per the development agreement. ACTION TO BE TAKEN I respec;tFully i�ec�ue�t approval af th� disposd! of the �roperty ele�cribed �s Lot 1 of Marde Place in the C:ity c�f Duk�uque, lawa, thi-�ugh th� ad�ption of the enclosed resc�lution. 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BLDG �,10 � � ��� � �r� �`� �� �� �� � � � ��� � BEGIN A � �• EX SIGN � A EMENT � �� �2� 6�. �h< � E LLBOARD SIGN � � S �� G 6 '9 � i � o � y � 2� A , /� l'fi % � s `� \ O� ��/ 06 �,f�',�,, � � �3 Zi '''� > �+�' � "ty� ,. ��6 ✓ �j� � - ���y - / NO �_ i T'i 0� � A • 9 � � � � � � � ., � o � END A � �,� �� �` _ � ' � �s EX G � CB ' 6 RIM 6105.50 B s SS � �. `� `�� •�:�=''r 15" RCP FL LV�.40 ' � � � EX HYDRAGd-T CITYO� bU�UQU� ,„ � �' � �OTS 182-186 & W65' 0� �OTS �''� � s �� 21�221 �ASTbU�UQU� Abb1110N �� � s `� � ZONWG - N�AW INbU51P.lAl, C ND s� Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 Returned to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 174-18 RESOLUTION DISPOSING OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE LOCATED AT 460 EAST 18TH STREET AND LEGALLY DESCRIBED AS LOT 1 OF MARDE PLACE IN THE CITY OF DUBUQUE, IOWA, TO METX, LLC 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 this 25th day of May, 2018, the City Council of the City of Dubuque, Iowa met on the 4th day of June, 2018, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 1 of Marde Place in the City of Dubuque, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 1 of Marde Place in the City of Dubuque, Iowa, to Metx, LLC be and the same is hereby approved, subject to the conditions of an Agreement between the City and Metx, LLC. Conveyance shall be by Special Warranty Deed. Section 2. That the Mayor be authorized and directed to execute a Special Warranty Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Metx, LLC. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 4th day of June 018. Attest: Key" S. Firns ahl, CMC, City Clerk t 4. Roy D. Buol, Mayor r 11 11 iii 11 111111111111111 Illi IIII 111111111111 111111 Doc ID 010397450012 Type GEN Kind SPECIAL WARRANTY DEED Recorded: 11/27/2019 at 02:40:13 PM Fee Amt: $72.00 Page 1 of 12 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder File2019-00014962 Prepared by: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Return to: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 SPECIAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: that the City of Dubuque, Iowa, a municipal corporation of the State of Iowa (Grantor), in consideration of the Grantee named below, and other good and valuable consideration, and pursuant to the authority of Chapter 403, Code of Iowa, does hereby GRANT, SELL, AND CONVEY unto Metx, LLC, an Iowa corporation, the following legally described real estate situated in the County of Dubuque, State of Iowa, to wit (the Property): TRACTI Lot 175A in East Dubuque Addition to the City of Dubuque, Iowa, according to the recorded plat thereof TRACT II Lot 1 of Marde Place in the City of Dubuque, Iowa, according to the recorded plat thereof This Deed is exempt from transfer tax pursuant to Iowa Code Section 428A.2(6). This Deed is given pursuant to the authority of Resolution No. 19-18 of the City Council of the City of Dubuque adopted the 16th day of January, 2018 and Resolution No. a14-($ of the City Council of the City of Dubuque adopted the 4th day of June, 2018, the terms and conditions thereof, if any, having been fulfilled. Grantor hereby covenants to warrant and defend the said premises against the lawful claims of all persons whomsoever claiming by, through and under it. 1404 aol Cj Dated this as day of N©uc - , 2&18 at Dubuque, Iowa. CITY OF DUBU UE, IOWA By: Roy D. Buoy/ ayor oa (i) %d. ue r 1,0 0 *** Attest: By Kevin S. Firnstahl, City Clerk Trish L. Gleason, Asst. City Clerk STATE OF IOWA ) SS COUNTY OF DUBUQUE On this day of 1i'1/�974, 918, before*m*e a Notary Public in and for said County, personally ppeared Roy D. Buol and Kevin S. Firnstahl to me personally known, who being duly sworn, did say that they are the Mayor and CityAssistant City Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Muni_cpi al Corporation by authority and resolution of its City Council and said Mayor Me tt rr acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. *** Trish Ly -Gleason, sistant City Clerk Notary Public in or Dubuque County, Iowa PAMELA J. McCARRON Commission Number 772419 My Comm. Exp.4 5 X / Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 Returned to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 19-18 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 175A OF EAST DUBUQUE ADDITION TO CITY OF DUBUQUE, 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 this 5th day of January, 2018, the City Council of the City of Dubuque, Iowa met on the 16th day of January, 2018, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 175A of East Dubuque Addition to the City of Dubuque, in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 175A of East Dubuque Addition to the City of Dubuque, in the City of Dubuque, Iowa, to Metx, LLC be and the same is hereby approved, subject to the conditions of an Agreement between the City and Metx, LLC. Conveyance shall be by Special Warranty Deed. Section 2. That the Mayor be authorized and directed to execute a Special Warranty Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Metx, LLC. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 16th day of Janu. 2018. David T. Resnic , Mayor Pro Tem Attest: STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: January 05, 2018, and for which the charge is $51.08. Subscribed to before this 9�,' day of otary Public in and for Dubuque County, Iowa, ,20/F. Notary Public in and for Dubuque County, Iowa. ,...._Ta ^ Y is VVE5T ii"itv3GYE Conr,niss;„n Ni:, „b.,r 154885 1 Mph; ..,r,n,i>.si,u; Exp F b.1, 2020 Whereas, Metx, LLC CITY OF DUBUQUE, has requested the IOWA vacating and purchase OFFICIAL NOTICE of the 20-foot Alley PUBLIC NOTICE is between Elm Street hereby given that the and Pine Street and City Council of the City lying North of East 17th of Dubuque, Iowa, will Street and South of hold a public hearing East 18th Street, in the on the 16th day of City of Dubuque, Iowa; January 2018 at 6:00 and p.m. in the Historic Whereas, IIW, P.C. Federal Building, 350 has prepared and West 6th . Street, submitted to the City second floor, Dubuque, Council a plat showing • Iowa, at which meeting the proposed vacated the City Council pro- Right of Way of 20-foot poses to vacate dis- Alley between Elm pose of an interest in Street and Pine Street the following described and lying North of East real property by sale to 17th Street and South ! METX, LLC: of East 18th Street, in Lot 175A of East the City of Dubuque, • Dubuque Addition to I Iowa and assigned lot the City of Dubuque, in numbers thereto, the City of Dubuque, which hereinafter shall Iowa. Locally known as be known and des- the 20-foot Alley cribed as Lot 175A of between Elm Street East Dubuque Addition and Pine Street and to the City of Dubuque, lying North of East 17#h in the City of Dubuque, Street and South of iota. East 18th Street, in the NOW THEREFORE, BE • City of Dubuque, Iowa IT RESOLVED BY THE At the meeting, the CITY COUNCIL OF THE City Council will re- CITY OF DUBUQUE, ceive oral ;and written IOWA: comments from ; any Section 1. That the resident or property City of Dubuque in- owner of said City to tends to vacate and the above action. dispose of its interest gardWritten comments re- In Lot 175A of East ing the above Dubuque Addition to public hearing may be the City of Dubuque, in submitted to the City the City of Dubuque, Clerk's Office, City Iowa by sale to Metx, Hall, 50 W. 13th Street, LLC, upon the terms onbefore said time and conditions of the off public hearing.Development Agree- ment Copies of ssupporting between the City documents for the of Dubuque, Iowa and public hearings are on . Metx, LLC dated file in the City Clerk's October 12, 2017. Office, and may be Section 2. That a viewed during normal working hours. public hearing on the intent to vacate and Any visual or hearing- impaired dispose persons need- East Dubuque Addition ing special assistance • to the City of Dubuque, or persons with special • in the City of Dubuque, accessibility needs Iowa by sale to Metx, should contact the City LLC is hereby set for Clerk's Office at (563 589-4100 orTTY563) the 16th day of 690-667848 January, 2018, at the Historic Federal Build- ing, 350 priorf least to the ing, 350 W. 6th Street, meeting. Dubuque, Iowa, begin- Dated this 5th day of ning at 6:00 p.m., and January 2018. the City Clerk be and is Kevin CMC, Firnstahl,Clerkthereby authorized and City -18 directed to cause a RESOLUTIONRLURESOLUTION notice of public RESOLUTION OF INTENT TO VACATE hearing on the intent to AND DISPOSE OF vacate and dispose of CITY INTEREST 1N said real estate to be THE RIGHT OF WAY published in the OF THE 20-FOOT manner as prescribed ALLEY BETWEEN ELM by law. STREET AND PINE Passed, approved and STREET AND LYING adopted this 3rd day of NORTH OF EAST 17TH January 2018. STREET AND SOUTH Roy D. Buol, Mayor OF EAST 18TH Attest: Kevin S. STREET, 1N THE CITY Firnstahl, CMC, OF DUBUQUE, IOWA City Clerk TO METX, LLC 11 1/5 STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 19-18 and associated Certificate of Publication is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 23rd day of January, 2018. S. irns ahl, ' MC, City Clerk Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 Returned to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 174-18 RESOLUTION DISPOSING OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE LOCATED AT 460 EAST 18TH STREET AND LEGALLY DESCRIBED AS LOT 1 OF MARDE PLACE IN THE CITY OF DUBUQUE, IOWA, TO METX, LLC 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 this 25th day of May, 2018, the City Council of the City of Dubuque, Iowa met on the 4th day of June, 2018, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 1 of Marde Place in the City of Dubuque, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 1 of Marde Place in the City of Dubuque, Iowa, to Metx, LLC be and the same is hereby approved, subject tothe conditions of an Agreement between the City and Metx, LLC. Conveyance shall be by Special Warranty Deed. Section 2. That the Mayor be authorized and directed to execute a Special Warranty Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Metx, LLC. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 4t" day of June 018. Attest: Key S. Firns ahl, CMC, City Clerk Roy D. Buol, Mayor STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 25, 2018, and for which the charge is $55.24. Subscribed to before me otary Public in and for Dubuque County, Iowa, this /,-2-re day of , 20 /S' Notary Public in and for Dubuque County, Iowa. haa�i 1 MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Feb. 1, 2020 CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 4th day of June, 2018, at 6:00 p.m. in the Historic Federal Build- ing, 350 West 6th Street, second floor, Dubuque, Iowa, at which meeting the City Council proposes to dispose of an interest in the following de- scribed real property by Development Agree- ment to Metx, LLC: Lot 1 of Marde Place in the City of Dubuque, Iowa. Commonly known as 460 E. 18th Street. At the meeting, the City Council will re- ceive oral and written comments from any resident or property owner of said City to the above action. Writ- ten comments regard- ing the above public hearing may 'be ' sub- mitted to the City Clerks Office, City Hall, 50 W. 13th Street, on or before said time of public hearing. Copies of supporting documents for the pub- lic hearings are on file in the City Clerks Office and may be viewed during normal working hours. Any visual- or hear- ing-impaired persons needing 'special assis- tance or persons with special accessibility needs should contact the City Clerks Office 'at (563) 589-4100 or TTY 563) 690-6678 at least 48 hours prior to the meeting. Dated this 25th day' of May, 2018. Kevin S. Firnstahl, CMC, City Clerk RESOLUTION NO. 152-18 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE LOCAT- ED AT 460 EAST 18TH STREET AND LEGAL- LY DESCRIBED AS LOT 1 OF MARDE PLACE IN THE CITY OF DUBUQUE, IOWA, TO METX, LLC, AND FIXING THE DATE FOR A PUBLIC HEAR- ING AND PROVIDING FOR THE PUBLICA- TION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the fol- lowing real property (the Property); Lot 1 of Marde Place in the City of Dubuque, Iowa ;and Whereas, City has en- tered into a Develop- ment. Agreement be- tween the. City of Dubuque, Iowa and Metx LLC dated Octo- ber 12, 2017 (the Agreement); and Whereas, the Code of Iowa requires that the City Clerk publish a no- tice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Coun- cil shall receive oral and/or written objec- tions from any resident or property owner of said City to such pro- posed action. NOW THEREFORE, BE IT RESOLVED BY•THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque in- tends to dispose of its interest in Lot 1 of Marde Place in the City of Dubuque, Iowa by sale to Metx, LLC, pur- suant to the terms and conditions of the Devel- opment Agreement be- tween the City of Dubuque, Iowa and Metx LLC dated Octo- ber 12,2017. Section 2. That a pub- lic hearing an the in- tent to dispose of Lot 1 of Marde Place, in the City of Dubuque, Iowa by sale to Metx, LLC is hereby set for the 4th day of June, 2018, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at 6:00 p.m., and the City Clerk be and is hereby autho- rized and directed to cause a notice of public hearing on the intent to dispose of said real es- tate to be published in the manner as pre- scribed by law. Section 3. The City Clerk is hereby direct- ed to cause at least one publication to be made of, a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circula- tion in said City, said publication to be not Tess than four days nor more than twenty days before the date of said meeting on the dispos- al of the Citys interest in the Property. ' Section 4. That the no- tice of the proposed action shall be in sub- stantially the form at- tached hereto. Passed,"approved and adopted this 21st day of May 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk 1t 5/25 STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 174-18 and associated Certicate of Publication is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 5th day of June, 2018. Kevi . Firnsta I, C , City Clerk