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Authorizing City Manager to File and Release Liens on Properties in Downtown Rehabilitation Loan ProgramCity of Dubuque City Council Meeting Consent Items # 10. Copyrighted June 21, 2021 ITEM TITLE: Authorization of the City Manager or the City Manager's Designee to File and Release Liens on Properties Participating in the Downtown Rehabilitation Loan Program SUMMARY: City Manager recommending approval of a resolution authorizing the City Manager or the City Manager's Designee to File and Release Liens on Properties Participating in the Downtown Rehabilitation Loan Program. RESOLUTION Authorizing the City Manager or the City Manager's designee to file and release liens on properties participating in the Downtown Rehabilitation Loan Program SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Downtown Rehabilitation Loan Program Authorization to City Manager Memo File Release Liens-MVM Memo Staff Memo Resolution Staff Memo Resolutions THE C Dubuque DUUB-.-*.-TE *Awiu Ciq ' iece on the Mississippi Masterpiece PP zoo�•zoi 2-2013 zoi7*2019oi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Authorization of the City Manager or the City Manager's Designee to File and Release Liens on Properties Participating in the Downtown Rehabilitation Loan Program DATE: June 15, 2021 Economic Development Director Jill Connors recommends City Council approval of a resolution authorizing the City Manager or the City Manager's Designee to File and Release Liens on Properties Participating in the Downtown Rehabilitation Loan Program. I concur with the recommendation and respectfully request Mayor and City Council approval. v Micl4ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Jill M. Connors, Economic Development Director THE CITY OF E Masterpiece on the Mississippi Dubuque AII•Amerin City NniK���i rnz: u;v�ur 2007-2012.2013 2017*2019 TO: Michael C. Van Milligen, City Manager FROM: Jill M. Connors, Economic Development Director Economic Development Department 1300 Main Street Dubuque, Iowa 52001-4763 Office (563) 589-4393 TTY (563) 690-6678 http://www.cityofdubuque.org SUBJECT: Authorization of the City Manager or the City Manager's Designee to File and Release Liens on Properties Participating in the Downtown Rehabilitation Loan Program. DATE: June 14, 2021 INTRODUCTION This memorandum presents for City Council review and approval a resolution authorizing the City Manager or the City Manager's Designee to File and Release Liens on Properties Participating in the Downtown Rehabilitation Loan Program. BACKGROUND The Downtown Rehabilitation Loan Program (DRLP) is a revolving loan fund. The DRLP encourages private investment and rehabilitation efforts within the City's Greater Downtown. Capitalized with available tax increment financing funds from the Greater Downtown Economic District, the DRLP provides a low -interest loan at a maximum of $300,000. The loan includes forgiveness whereby qualifying applicants may have portions of the loan forgiven for job and housing creation within the District. The City requires a mortgage on property valued equal to or greater than the loan as collateral until the loan is paid in full. Due to the Loan Program's success when initially enacted, it was quickly oversubscribed — with several projects agreeing to accept disbursement of the funds at a later date — many of them quite a number of years after the completion of the project. Presently, all committed loans have been disbursed. The City currently has a mortgage on ten properties through the DRLP. DISCUSSION Mortgages and liens held by the City represent an interest in City of Dubuque real estate. Iowa Code Section 364.7 requires a public hearing for the purpose of disposing City - owned real estate. However, the mortgages required under the DRLP are more representative of protection of City interests than physical property owned by the City. Once a DRLP participant repays their loan in full, the City files and releases the adjoining mortgage. Given the backlog of mortgages and ceremonial nature of their release, it is impractical to have each mortgage release undergo a public hearing and require approval by the City Council. RECOMMENDATION / ACTION STEP I recommend that the City Council adopt the attached resolution authorizing the City Manager or the City Manager's Designee to file and release liens on properties participating in the Downtown Rehabilitation Loan Program. 2 Prepared by: Jill Connors, Economic Development, 1300 Main Street, Dubuque, IA 52001, 563-589-4393 Return to: Jill Connors, Economic Development, 1300 Main Street, Dubuque, IA 52001, 563-589-4393 RESOLUTION NO.203-21 AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO FILE AND RELEASE LIENS ON PROPERTIES PARTICIPATING IN THE DOWNTOWN REHABILITATION LOAN PROGRAM WHEREAS, the City of Dubuque, Iowa by and through its Economic Development Department, executes property liens and mortgage instruments on behalf of the City; and WHEREAS, the various lien and mortgage instruments create an interest by the City in the various parcels of real estate which have been rehabilitated or repaired under the Downtown Rehabilitation Loan Program; and WHEREAS, the City is frequently requested to release or dispose of its interest in said real estate after the property owner has fulfilled the financial and other obligations of a lien and /or mortgage instrument; and WHEREAS, it is impractical to have each such release or disposition approved by the City Council. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager, or the City manager's designee, is authorized to release or dispose of the City of Dubuque interest in real estate which has been rehabilitated through the Downtown Rehabilitation Loan Program, upon the determination of City Manager, or the City manager's designee that the owner has fulfilled all the terms and conditions of the lien and/or mortgage instrument involved. Section 2. That the City Council shall retain the authority to release or dispose of the interest in any real estate upon which the original terms and conditions of the lien or mortgage instruments are not fulfilled. Section 3. That this authorization shall apply to all future releases and dispositions, as well as to any here -to -fore released or disposed of by the Economic Development Department as part of the Downtown Rehabilitation Loan Program. PASSED, APPROVED, AND ADOPTED this 21s' day of June, 2021. Danny . Spr nk, Mayor Pro Tern ATTEST: u�� 01 &A�& Adrienne N. Breitfelder dity Clerk